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SOKWANELE
Enough is
Enough
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Sokwanele
comment
29 October 2004
The high water mark of lawlessness
There are some acts which, even coming from a regime
notorious for its brutal disregard of human rights, still cause a sense of shock
and outrage in the nation. Such an act is the sentencing of Roy Bennett by Parliament to an effective term of
imprisonment of 12 months with hard labour.
It is grossly disproportionate. It offends every civilized standard of
law and morality. It is outrageous and
should be condemned in the strongest terms by all who have any concern for
justice and the rule of law.
However this monstrous injustice is dressed up it remains
just that, a monstrous injustice - a calculated act of racial bigotry, an act of
political revenge by a hugely unpopular regime carried out on one of the most
popular opposition members of parliament.
For make no mistake Roy Bennett, member of parliament for
Chimanimani, enjoys massive support in his constituency and way beyond. He is not – NOT – an unreformed “Rhodie” as
the Mugabe regime would like to paint him.
In fact he is one of the most culturally-sensitive, enlightened and
progressive white-skinned Africans among the present leadership of the
region. A politician who won his seat in
an almost entirely black constituency by a resounding majority, a man of the
people who has contributed substantially to the spirit of ubuntu in this
country.
Nor is by chance that Bennett who epitomizes this
wonderful spirit, has been singled out for an extreme form of victimization by
the clique of small-minded,
intolerant, racist and xenophobic
politicians who now constitute the ruling elite. If there is one kind of person this clique
fears, and has good reason to fear, it is the bridge-builder in the community,
the person who stands for unity rather than division, and the common good rather
than personal gain – and such a man is Roy Bennett. Hence the vicious assault upon his
Charleswood Estate farm in total disregard of several High Court orders, the
violent attacks upon his loyal farm workers, the destruction of his coffee
plantation, and the daylight robbery of his coffee crop by ZANU PF chefs. Hence the sustained hate campaign against him
by the state-controlled propaganda machine, and hence the latest, and most
despicable, abuse of parliamentary procedure to send him to
prison.
During a parliamentary debate in May this year Bennett
was subjected to intolerable abuse when justice minister, Patrick Chinamasa
persistently called him “mabhunu” – a term of derogatory racial abuse – and
accused his ancestors of being thieves. The supreme irony of course was that the
man abusing Bennett himself presided over an administration that not only
permitted but encouraged the illegal seizure of properties such as Bennett’s
Charleswood Estate. The provocation was
more than most mortals could take.
So Bennett pushed Chinamasa to the floor. Yes, he did go
over the top and such behaviour cannot be condoned, though in the circumstances
it is hardly to be wondered at. Also to
be considered is the fact that in this undignified scuffle Bennett himself was
pushed to the floor by other MP’s and kicked while down by none other than
senior ZANU PF politician Didymus Mutasa.
It is understood that Chinamasa had not a bruise to show
for this altercation but obviously his pride was offended mightily. So he and others in the ZANU PF circle
plotted their revenge, and they achieved that revenge yesterday in
Parliament.
An effective term of 12 months imprisonment with hard
labour. For the offence committed, and
taking into account the severe provocation, the sentence was grossly excessive
and totally disproportionate. One lawyer
consulted said that on similar facts in a case some years ago a fine of Z$
80,000 was imposed (or 50 days in prison in default). The more normal outcome would surely be a
caution and discharge. And bearing in mind that Bennett has no recourse to
appeal to the courts because Parliament has independent judicial powers, the
need for a proper judicial approach to the case was all the greater.
To achieve this result the ruling party used its built-in
majority in the Parliamentary Select Committee (3 to 2) and in the vote in
Parliament itself (52 to 42). In short
ZANU PF steam-rollered its way to this pre-determined conclusion. It did so in blatant disregard of every norm
of civilized government and every tenet of human decency. And what, one might
ask, is to stop the ruling party from using this as a precedent to hand out long
custodial sentences to any other members of the opposition with whom they are
displeased – on the most flimsy pretext ?
The door is wide open to further abuse of the same
kind.
Offended pride and personal
vengeance no doubt featured strongly in the decision to hit Bennett with this
Parliamentary equivalent of a lynching party.
But there was a measure of cynical calculation in it too, for at one
stroke ZANU PF have further reduced the MDC caucus in Parliament, rid themselves
of an embarrassing political opponent in the run-up to the 2005 elections, and
removed an opponent from a seat they could not otherwise have hoped to win. (As a “bonus” they have also removed any
cause for restraint in the continued plundering of Charleswood Estate by the
local ZANU PF mafia) All of which are
more than convenient to a beleaguered regime which has virtually no prospect of
ever again winning the hearts and minds of the people it purports to represent.
On the pretext of upholding the law, ZANU PF have perpetrated the most cynical and calculating act of lawlessness. They cannot be allowed to get away with it. Let lawyers and legislators around the world condemn this barbaric act. Let the Church and civil society protest in the strongest terms. And let Zimbabweans of every racial hue, tribal or party allegiance, finally say to this fascist regime “NO !” You have gone one step too far. ENOUGH IS ENOUGH !!
Media
Monitoring Project Zimbabwe
Monday
October 18th- Sunday October 24th
2004
Weekly
Media Update 2004-42
CONTENTS
1.
GENERAL COMMENT
2.
ELECTORAL ISSUES
3.
DEFENCE OF AIPPA
DESPITE
the government media regurgitating claims by the authorities that the country
had reaped enough crops to feed the nation through its land reforms, The Financial Gazette (21/10) revealed
that there was still confusion, even within government circles, on the exact
amount of grain the country has produced.
The
paper revealed that the parliamentary portfolio committee on agriculture would
summon Agriculture Minister Joseph Made to explain the country’s food
situation.
The
weekly also alleged that even ZANU-PF’s Politburo and the Cabinet had cast
doubts on Made’s projections that the country would produce more than 2,4
million tonnes of cereal.
Lending
credence to fears of food shortages, the paper also cited reports from the
Famine Early Warning System Network (FEWSNET) and Amnesty International (AI)
disputing government’s projections of a bumper harvest saying millions of people
were in need of food aid.
The
government media remained silent on the issue.
As
a result, most Zimbabweans who are now obliged to rely on these media following
the forced closure of alternative sources of information, were left no wiser on
the matter.
In
fact, the government media’s habit of remaining silent over issues that expose
government mismanagement (thereby denying their audiences important information
on pertinent issues affecting their livelihoods) also manifested itself in the
way they reported problems besetting preparations for the current farming
season.
Although
these media reported shortages of farming inputs and implements, they treated
the issues in isolation and failed to view them as symptomatic of the chaos in
the agricultural sector following government’s controversial land reforms.
Neither
did they fully discuss the underlying implications of the problems on the
country’s food security next year.
As
has become the norm, the responsibility was left to the private
media.
For
example, the Zimbabwe Independent
(22/10) columnist Eric Bloch contended that as long as farmers had problems
accessing the necessary inputs “there is no realistic prospect of
Zimbabwe producing sufficient food to sustain itself next
year”.
The
Gazette also reiterated fears
that the maize seed deficit would have an adverse impact on the country’s
ability to produce adequate food in the coming year.
THE
government-controlled media’s role as slavish defenders of government policies
further found expression in the way they passively allowed authorities to
misrepresent the spirit of the SADC Charter on democratic elections in a bid to
justify their cosmetic electoral reforms ahead of the 2005 parliamentary
polls.
While
they propagated every excuse the authorities offered for not fully subscribing
to the regional electoral guidelines, they simultaneously dismissed all other
voices that dared question government’s stance as being unpatriotic and fronts
of foreign interests.
These
media continued to allow government officials free rein to extol the supposed
virtues of repressive laws such as AIPPA and POSA as consistent with the SADC
principles and guidelines on the conduct of democratic elections, despite the
fact that these laws are anathema to elementary standards of democracy.
Only
the private media exposed this fallacy by measuring the government claims
against the SADC Charter.
For
example, while The Daily Mirror
(22/10) highlighted worries by the Zimbabwe Liberators’ Peace Initiative (ZLPI)
over government’s reluctance to fully implement SADC’s electoral guides, ZTV
(21/10, 6pm), Radio Zimbabwe & Power FM (21/10, 8pm) and The Herald (22/10) were busy diverting
attention from government’s non-reformist attitude by counter-accusing the West
of trying to discredit the country’s pending polls.
For
example, The Herald quoted
Foreign Affairs Minister Stan Mudenge alleging that “some western countries and
organisations” had not only begun producing documents intended to
tarnish the Zimbabwe polls, but were also scheming to influence “the composition of the African
Union and SADC observer teams for the elections so that the teams’ reports could
reflect their preconceived opinions and not the actual facts.”
Thus,
added Mudenge, “they
were now devising a scheme to measure Zimbabwean elections using the SADC
ambassadors”, a development that he said would compel Zimbabwe to
“bar”
these diplomats from observing the election “despite the fact that they are
already accredited in the country”. But instead of challenging
Mudenge to substantiate his claims, ZTV (21/10, 6 & 8pm) simply sided with
him and gave the impression that there would be nothing unusual in Zimbabwe
barring foreign observers because the US too, had not invited observers for its
forthcoming elections.
ZANU
PF apologists Tafataona Mahoso and William Nhara, who were presented
masquerading as analysts, were quoted saying “the refusal by the Republican
Party to allow foreign observers for the forthcoming elections is hypocritical”,
adding that this “has characterised
(US President George
W) Bush’s domestic and foreign policies”.
The
station then used the controversy surrounding the US 2000 election to discredit
that country’s electoral conduct as flawed and not worth drawing lessons from.
One
of ZTV’s favourite analysts, Claude Maredza, contended: “America is ruled by wasps (White
Anglo Saxon Protestants). Basically,
these are satanic freemasonic white people who hegemonically rule America… As
Zimbabweans we are wasting our time trying to explain ourselves to America and
the West. Let’s forget about America.”
Similarly,
the Chronicle (23/10) comment,
Of the West and its double standards,
lambasted the West for its alleged hypocritical approach to the
Zimbabwean elections. But like its counterparts, the paper did not provide any
evidence to support its claims let alone carry comparative analyses of the set
of electoral rules the West wanted to evaluate Zimbabwe’s elections with against
those by SADC.
However,
the private media challenged the government media’s notion that Zimbabwe’s
electoral problems emanated solely from Western interference in the country’s
affairs. They argued that these were largely self-inflicted.
For
example, The Standard (24/10)
columnist Pius Wakatama blamed the ruling ZANU PF for tarnishing the image of
Zimbabwe beyond “recognition”
because of its dislike for the truth.
Said
Wakatama: “Even in
Africa our real friends are now few and far between. We can’t stand them because
they tell us the truth, which we don’t like to hear…we see them as agents of
imperialist Western countries who want to ‘take away the gains of our
independence.’”
In
fact, despite the Chronicle’s
(23/10) observations that the country had a “stated position of respecting the
SADC guidelines”, The
Zimbabwe Independent (22/10) contradicted these assertions when it
quoted MDC leader Morgan Tsvangirai raising fears that the ruling ZANU PF may
have already started “rigging” next
year’s elections using the latest “fictitious” voters
roll.
The
paper cited Tsvangirai alleging that an analysis of the hard copy of the new
voters’ roll recently availed to his party by the Registrar General’s office
showed that hundreds of thousands of voters had been removed from his party’s
strongholds while massively boosting numbers in rural areas, support bases for
the ruling ZANU PF. This was surprising, said Tsvangirai, considering that the
2002 population census depicted population increases in urban centres than in
rural areas. Consequently, added the MDC leader, urban areas were likely to lose
some seats during the ongoing delimitation exercise.
Studio
7 carried a similar report the following day.
Government’s
electoral reforms further suffered more credibility problems as the private
media continued to expose the fallacy behind the authorities’ drive to
democratise the conduct of the country’s elections. For instance, The Standard and Sunday Mirror (24/10) carried critical
reports on government plans to deny at least two million Zimbabweans working
abroad from voting in next year’s polls, at a time when countries such as
Mozambique had registered their citizens living in Zimbabwe to
vote.
Moreover,
The Daily Mirror (19 &
21/10), The Standard and SW Radio
Africa carried nine reports of fresh incidents of rights abuses perpetrated
against MDC supporters, independent journalists and members of civic society by
ZANU PF activists and state security agents.
The
government media censored such incidents.
Instead, ZTV (20/10, 6 and 8pm) tried to present the opposition as the
instigator of the violence saying the MDC has recently “been urging people to be violent
and then blame ZANU- PF for violence”. However, there were no
concrete examples cited to substantiate the claims.
While
the official media tried to gloss over the country’s electoral problems by
giving the impression that government was fully complying with the regional
charter on elections, The Daily Mirror on
Saturday (23/10) revealed that SADC was not impressed by the
situation in the country. The paper reported that a SADC troika, led by South
African President Thabo Mbeki, would soon be in the country to help resolve the
political impasse between ZANU PF and the MDC by urging the ruling party
government to implement the region’s electoral norms.
The
government media ignored these developments.
Rather,
The Sunday Mail (24/10)
columnist, Lowani Ndlovu, deliberately obliterated the crux of the Saturday Mirror’s “diabolic”
revelations by carrying personal vitriolic attacks on the author of the story,
including its sources. The columnist even added more confusion to the matter by
suffocating his audiences with semantics over the difference between the SADC
electoral “norms” as reported
by the Mirror as compared to the
SADC “guidelines and
principles”, which he contended were not “binding” because
they had “no force of
law”.
And
contrary to previous government claims that Zimbabwe was instituting its
electoral reforms in the “spirit and letter”
of the SADC Charter, Ndlovu revealed that Zimbabwe had “in fact, adopted its own
principles well ahead of the SADC Summit in Mauritius”, which
gave birth to the electoral agreement.
Meanwhile,
fears that the country’s state security agencies would not handle election
related cases professionally because of their inclination towards ZANU PF were
given credibility by reports in The
Herald (21/10) and on Radio Zimbabwe (21/10, 6am), ZTV (21/10, 7am)
and Power FM (21/10, 1pm), which unwittingly exposed the agencies’ partisanship.
The Herald quoted Police
Commissioner Augustine Chihuri almost echoing the bigoted language of the ruling
party when he allegedly noted that, “the elections posed a challenge to
all police officers and beckons the need for well thought out tactical plans to
counter enemies of the state, whose fortunes thrive on bashing the image of the
country”.
Not
to be outdone, the Zimbabwe Defence Forces (ZDF) commander, Constantine
Chiwenga, was quoted on ZBC telling his visiting Malawian counterpart that
“ZDF supports
Mugabe” adding that, “the current challenges being
faced by the country are a passing phase.”
Echoing
ZANU PF’s rhetoric he further contended: “Zimbabwe will not apologise for
reclaiming its heritage, land, from colonial masters” and told
the Malawian commander that he “will be better informed after his
visit and clear misrepresentations and onslaught of our country to the
international community by detractors”.
The
Daily Mirror
(18/10) reported MDC MP Willias Madzimure objecting to such partisanship when
moving a motion in Parliament on how the law enforcement agencies were
discharging their duties. Madzimure accused the State of “interfering” and
“usurping” the
powers granted to the police by the Police Act, a situation he said had resulted
in the force dropping its ranking from Africa’s best police force to one that
“is repressive and
driven by partisanship”.
IF
the government media were not glossing over the country’s flawed electoral
reforms, they were unquestioningly endorsing government’s moves to further
curtail the citizenry’s right to receive and impart information without
hindrance.
They
cheered the authorities’ lie that the amendments to the Access to Information
and Protection of Privacy Act (AIPPA) were consistent with the SADC principles
and guidelines on democratic elections.
This
was illustrated by the manner in which they exclusively reported on Information
Minister Jonathan Moyo’s Parliamentary defence of the proposed amendments, which
purportedly seeks to “clarify” or
“improve” some
sections of AIPPA, but downplayed MDC MPs’ contribution on the matter.
The
MPs’ concerns were only reasonably highlighted in the private
media.
In
their report on the debate ZTV (19/10, 8pm) and Power FM (20/10, 6am), allowed
Moyo to mislead the public by claiming that the amendments and other clauses of
AIPPA were “based on
an Act, which is consistent with principles of good governance enshrined in SADC
principle and guidelines governing democratic
elections.”
None
of the government media measured such claims against the SADC electoral
principles, one of which calls on member States to guarantee media freedom and
equitable access to the public media of contesting political
parties.
Instead,
The Herald and Chronicle (20/10) simply followed their
broadcasting counterparts and severely restricted the MDC’s objections to the
AIPPA amendment. In fact,
The Herald only gave prominence
to the ejection from Parliament of two MDC MPs for disobeying orders. The two
were reportedly ejected from the chamber after they allegedly “continuously
demanded” that the House be divided during the second reading of
AIPPA.
In
contrast, the private media gave fair exposure to the MDC MPs’ strong opposition
to the provisions of AIPPA. The Daily
Mirror (20/10) and the Independent (22/10), for example, revealed
that Moyo had actually been subjected to “withering attack”
from MDC MPs for “abusing the public media to
further his political ambitions” during Parliamentary debate on
the AIPPA amendment Bill.
The
Independent reported the MDC MPs
as arguing that Moyo had become an “ambitious” and
“dangerous”
politician who should actually be reined in by both ZANU PF and MDC legislators
because no one was safe from his machinations to entrench his control on the
media for “personal
political gain”.
Gonese
reportedly told Parliament: “We know the minister wants
complete control…In the Sunday Mail he calls himself ‘Under the Surface’. He
also calls himself…(Lowani) Ndlovu or Mzala Joe or Nathaniel Manheru…He even
writes stories in The Sunday Mail under the by-line of Munyaradzi
Huni.”
But
despite such observations, The Daily
Mirror (21/10) revealed that the authorities’ defence of AIPPA had
reached ludicrous and blasphemous levels after the head of the
government-appointed Media Information Commission, Tafataona Mahoso, projected
the impression that the repressive law, just like the Bible, was modelled to
guard against the peddling of falsehoods. He thus claimed Zimbabwe was
“not caught between
the free flow of information and the so-called draconian laws”
but that the issue was about “embedded journalists promoting
harmful relations on behalf of Western countries”.
While
Mahoso was glorifying the virtues of AIPPA, the Independent reported that Zimbabwe Lawyers
for Human Rights had taken government to the African Commission on Human Rights
and People’s Rights over its closure of The
Daily News and The Daily News on
Sunday under the same law. The Independent cited the papers’ lawyer,
Professor Michello Hansungule, as saying he believed that his clients’ case had
merit because they were denied their basic right to have their dispute with the
Zimbabwe government over the constitutionality of AIPPA determined by the
Supreme Court.
Meanwhile,
SW Radio Africa (19/10) reported that two more journalists working for the
private media had been arrested in Gweru and Kwekwe and charged under AIPPA.
Ends.
The
MEDIA UPDATE was produced and circulated by the Media Monitoring Project
Zimbabwe, 15 Duthie Avenue, Alexandra Park, Harare, Tel/fax: 263 4 703702,
E-mail: monitors@mmpz.org.zw
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