The ZIMBABWE Situation | Our
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Mugabe's police bug poll rivals Tom
Walker
ZIMBABWE'S
feared secret police network, the Central Intelligence Organisation (CIO), has
bought sensitive electronic bugging equipment to help it quash opposition ahead
of elections next year in which President Robert Mugabe is attempting to win
another four years in office.
The equipment is believed to allow the CIO to monitor nearly all telephone
calls and e-mails in the country. Diplomats fear this will help Mugabe's Zanu-PF
party combat the opposition by using its youth movement to storm meetings and
intimidate individuals identified by the taps. Disillusioned CIO officials said
last week the devices were bought from "Israel or Germany" through a Danish
middleman.
Diplomats say Mugabe has lost none of his confidence since being upbraided by
other African leaders earlier this month over the violent campaign of land
occupation and has reneged on the deal he made with Commonwealth leaders in
Abuja, the Nigerian capital, two weeks ago.
Stan Mudenge, the foreign minister, gave his word that the invasions which
have crippled Zimbabwe's agricultural sector would stop. However, the violence
has continued while the attention of the international community has been turned
elsewhere.
The telephone surveillance is especially damaging for the opposition Movement
for Democratic Change (MDC), which used to evade the secret police by the use of
mobile phones. Now all mobiles with the prefix 091 - the most popular network -
are known to be vulnerable to bugging.
The network, called Econet, is owned by Strive Masiwa, an evangelical
Christian who has been a persistent thorn in the side of Mugabe's party,
challenging the government in the courts and spreading his business empire to
neighbouring countries.
Congo Rebels, Zimbabwe Leader Meet
By RODRIQUE NGOWI BUKAVU, Congo (AP) — Congolese rebels and Zimbabwe's president — a top ally
of the Congo government — have held unprecedented talks on the prospects for
peace and the political future of Congo after three years of civil war, a rebel
leader said Sunday. Adolphe Onusumba, head of the rebel Congolese Rally for Democracy, returned
to rebel-held eastern Congo fro the talks with Robert Mugabe, saying he had
``sensed a genuine willingness on the part of Mugabe to end the conflict.'' The talks were the first between the rebels and Mugabe. Zimbabwe has been the
main backer of the Congolese government, together with Angola and Namibia, in
the war that broke out in August 1998 after rebels backed by Rwanda and Uganda
attempted to oust then-President Laurent Kabila. Both Rwanda and Uganda accused Kabila of warmongering and threatening
regional security by arming Rwandan and Ugandan rebels. Following Kabila's assassination in January and the accession to power of his
son, Joseph, key provisions of the 1999 cease-fire deal were implemented,
including the pullback of troops from front-line positions and the deployment of
U.N. observers to verify the cease-fire. But a recent upsurge in fighting involving government-backed Rwandan rebels
and tribal militias in eastern Congo could scuttle the peace deal, Onusumba
said. ``We requested Mugabe to advise Kabila to stop financing and arming the
Interahamwe (Rwandan rebels) and sending the war to our territory,'' Onusumba
said. The Rwandan government holds the Interahamwe responsible for the 100-day
slaughter of at least 500,000 minority Tutsis and politically moderate Hutus in
Rwanda in 1994. The Interahamwe fled to neighboring Congo, then known as Zaire,
to escape retaliation. ``There is a danger of resumption of a full-scale warfare against the
Interahamwe,'' Onusumba said, adding ``we have the means and capacity to launch
an all-out military assault.'' Onusumba said members of his delegation also discussed with Mugabe the
forthcoming inter-Congolese dialogue that begins Oct. 15 in Addis Ababa,
Ethiopia, and which is expected to chart Congo's political future after decades
of corrupt and dictatorial regimes. The rebel delegation told Mugabe that Kabila's proposal to hold national
elections soon after the dialogue wasn't practical and encouraged the
establishment of a three-year transitional administration to prepare Congo for
democratic elections and integrate rebel forces into the national army, Onusumba
said. From ZWNEWS, 23
September A Damascene
conversion? "The break down of the rule of law
began with the invasions - therein lies the problem with the law and its
application! The law is a product of the society. You are right on the legality,
but is there justice? What is the morality of it all?" This was the startling comment of Chief Justice Chidyausiku on
Friday as the Supreme Court heard the third day of argument in the case brought
by the government, seeking a judgement that the rule of law has been restored in
Zimbabwe. Has the Chief Justice – a Mugabe loyalist – suddenly seen the
light? First some background: In December 2000, the Supreme Court, under
the then Chief Justice Anthony Gubbay, ruled that the government could not
legally acquire land until a practical plan for resettlement - in compliance
with the Constitution - had been thought out and introduced. The government was
given until 1 July 2001 to come up with such a plan. On 2 July, a Supreme Court judgement upheld the December ruling by
four to one, with only Chief Justice Chidyausiku dissenting. Chidyausiku is
Gubbay’s successor as Zimbabwe’s Chief Justice, and even he was forced to
acknowledge in his opinion that such a comprehensive resettlement plan did not
exist. In mid-July, Justice Alfas Chitakunye handed
down an interdict stating that, in compliance with the 2 July Supreme Court
ruling, no further legal action could be taken by the government to compulsorily
acquire commercial farms for resettlement. The ruling, from the administrative
court which hears the complex legal process required for the government to
acquire farm land, was described at the time by a leading Harare lawyer as
meaning "government acquisition of the land was illegal in terms of the law,
until law and order is restored". Hence the present case in the Supreme
Court. The government is seeking a judgement from the highest court in the land
that the rule of law has been restored. In this way, a veneer of legality can be
conferred on the violence and intimidation taking place on commercial farms, and
in communal and urban areas all over the country, in blatant violation not only
of the Abuja agreement and the promises made by Mugabe to the SADC heads of
state at their recent Harare summit, but also of the Constitution
itself. The Supreme Court bench hearing the current
case is, of course, a very different body to that which made the December 2000
judgement, and also very different to the bench which handed down the 2 July
opinions. Not only is it led by a new Chief Justice – who has openly expressed
sympathy with the ruling party – but the bench hearing the current case includes
three very recently appointed judges, two of whom have benefited from past
government schemes whereby land bought for resettlement has been divided up and
leased, at very nominal rents, to Zanu PF supporters under a so-called "VIP
resettlement" programme. Very few of the new tenants are actually farming these
properties, and can not by any stretch of the language be described as poor
landless peasants. So, having brought this case to the Supreme
Court, why did the Chief Justice make the statement he did? Why did he, and
another of the Supreme Court judges, in effect say to the CFU, who are opposing
the application, that the law is on their (the CFU’s) side? Why did he agree
that the case - expected to conclude on Friday - could be adjourned until
Wednesday next week to allow discussions between the government and the
CFU? Various theories are making the rounds.
Some legal sources say that after two days of hearing evidence of continuing
human rights abuses and the subversion of the rule of law by the government and
its agencies, it had become obvious that the Supreme Court could not hand down a
judgement that the rule of law had been restored, and at the same time keep a
straight face. Such a judgement would also have met with derision
internationally. It may have also have been the case that wiser counsels abroad
had warned of the consequences of pursuing the current Supreme Court case to a
judgement. Others say this is yet another delaying tactic ahead of the Brisbane
CHOGM, intended to give the impression that dialogue with commercial farmers is
continuing – while on the ground the violence and land-grabs
continue. As ever, however, the real devil may lie in
the detail – in this case another legal action taking place in
parallel. The current case was filed in the Supreme
Court very shortly after the 2 July majority Supreme Court judgement ruling that
no farms could be legally acquired by the government after 1 July. The actual
hearing of the current case had been delayed and delayed, until Chief Justice
Chidyausiku finally set down last Wednesday as the date for the case to begin.
But there is also a parallel application before the courts, in which the
government is seeking a postponement of the Supreme Court July interdict – which
stopped any legal acquisition of land in its tracks – until after a judgement in
the current Supreme Court case has been handed down. Senior legal sources in Harare say that, if
the parallel application for deferment of the July interdict is successful, then
any decision in the current case can be postponed…and postponed…and postponed –
in the meanwhile allowing the Administrative Court to resume hearing the complex
and lengthy land acquisition process. Credence is given to this view by the
sudden appearance within the last two weeks, on farms all over the country, of
valuation teams from the Ministry of Lands who have been noting down arbitrary
and incorrect estimates of improvements to farms for compensation purposes. The
government has always maintained that there will be no compensation for the land
itself – claiming that it was all stolen, despite the vast majority of farms
having been bought since Independence in 1980, and with the deeds of sale
accompanied by the mandatory "certificates of no interest" from the government
stating that the farm in question was not required for resettlement
purposes. So Chief Justice Chidyausiku may not have
undergone his own personal conversion on the road to Damascus. The august
trappings of his office may not have brought about a sudden commitment to the
rule of law and an independent judiciary. This latest legal twist seems to be
yet another delaying tactic – a smokescreen of legal manoeuvring intended to
obscure what is happening on the ground.
Associated Press Writer
From The Daily News, 21 September
UZ students in running battles with the police
Riot police, armed with teargas canisters and batons, yesterday fought running battles in the city centre with University of Zimbabwe (UZ) students who besieged the offices of the Ministry of Higher Education and Technology’s permanent secretary and Parliament building, demanding clarification on government funding for their education. In the morning, the riot police ordered out of the Old Mutual Centre 34 Students’ Executive Council (SEC) members who had besieged the office of the permanent secretary, Michael Mambo. He eventually held talks with nine students.
Tawanda Mangisi, the SEC treasurer, said Mambo told them his ministry was still talking to the banks and the Ministry of Finance and Economic Development to finalise the funding and fees policy. "Mambo said the financing players were delaying the process, but he maintained the guarantor would be the parent and I think most of the students will not like the idea," said Mangisi. The Students’ Representative Assembly vice-chairman, Otto Saki, said after they were chased by the police, the students returned to the campus for an emergency meeting with the Pro-Vice Chancellor, Levy Nyagura. They later went to the offices of the UZ Council chairman, Gideon Gono, at the Union Avenue branch of the Commercial Bank of Zimbabwe, where Gono is the managing director.
At first they were chased by the police, but later their representatives were allowed to meet him. In an interview, Gono said he held a meeting with Nyagura and three SEC representatives and it was agreed to give each student a relief fund of $5000 from the university’s vocational training fund. Gono said because the tuition and boarding fees at the university had been pegged at market related figures, his office, together with that of the relevant ministries, was mobilising financial resources to ensure the smooth running of student affairs. But this was not acceptable to the students who held a general meeting with the rest of their colleagues. The meeting agreed to continue the protest and present their demands to Parliament.
The students then went to Parliament building where they demanded to see the Speaker, Emmerson Mnangagwa, but they were again turned away by the police. Fidelis Mhashu, the MDC shadow minister of education, addressed the students briefly before they were again chased away by the baton-wielding police. The government recently increased tuition fees at all its institutions by 3 000 percent. The fees will go up from $3 000 to $28 000 a semester, while accommodation fees have shot up from $1 800 to $9 000. The government said that it was negotiating with a number of banks to provide students with loans. The students were angered by the slow progress in the negotiations.
From ZWNEWS, 22 September
UZ campus sealed off
On Friday afternoon, the police sealed off the University of Zimbabwe campus. No-one - even academic, technical and clerical staff who do not live on campus – was allowed to leave. There was little violence, according to sources caught on the campus, and lectures continued, but with reduced student numbers. Many small groups of students were standing around, waiting to get off campus, and all vehicles were turned back at the gates. "We are effectively being held hostage here at UZ. There is no notice from the administration of what is happening," said one of those trapped on the university’s grounds. The police action is believed to relate to an earlier incident in which a plain-clothes policeman was found to have infiltrated a student demonstration. It is believed he was assaulted when his identity was discovered.
From the CFU, 21 September
Surprise adjournment in Supreme Court case
A startling chain of events began to unfold in the Supreme Court, Harare today. The Commercial Farmers’ Union (CFU) has through its lawyers been locked in legal and constitutional arguments with the State, represented by the Deputy Attorney General Mr. Bharat Patel, since Wednesday, September 19 2001. It was after Advocate Adrian de Bourbon completed making his submissions today that Chief Justice Chidyausiku commented: "The break-down of the rule of law began with the invasions - therein lies the problem with the law and its application! The law is a product of the society. You are right on the legality, but is there justice? What is the morality of it all?" Advocate de Bourbon responded: "We would like a situation where this issue was depoliticised on both sides and if that can be brought about by this Court saying to both sides, stop being stupid, sit down and sort this out, then so be it."
It was after the luncheon adjournment that the CFU, through legal counsel delivered an ‘unprecedented’ request for time to dialogue with Government. Adv. de Bourbon argued that a premature ruling by the Court would undermine the understanding and intentions of the Abuja Accord. The request before the Court was to allow time for the CFU to engage the Government of Zimbabwe in meaningful discussion on the Accord and to then submit a proposal through the Supreme Court on a practical way forward. Advocate de Bourbon expressed willingness to address the need for justice to be felt to be done as Court orders could appear counter productive.
Speaking after the adjournment, David Hasluck, CFU Director said "The Union sees the Abuja Accord as the way forward. The litigation may not be over but the Union welcomes the postponement of the hearing to give both parties the opportunity to consider their positions. CFU still looks to Government to demonstrate its commitment to Abuja by action on the ground. For its own part, the Union will continue to encourage its members to support the Zimbabwe Joint Resettlement Initiative to provide Government and Zimbabweans with land for its resettlement requirements." Mr Hasluck conceded that many thought the CFU was being over-optimistic, but he argued that the development brought the Supreme Court in as a third party to the Abuja Accord. "The acceptance of the adjournment by the State and the Supreme Count can only lend new depth and seriousness to the dialogue over the next few days," he said. The Supreme Court, which is sitting as a Constitutional and Appeal Court, will reconvene on Wednesday 26th September at 9:30 am.
From The Zimbabwe Independent, 21 September
Violence continues on undesignated farms
A campaign of violence against white commercial farmers continues unabated on undesignated farms with war veterans forcing farmers to pack their bags and go despite government’s commitment to abide by the Abuja agreement to respect the rule of law and take firm action against violence and intimidation. An American tourist on a hunting safari at a private game park in the Karoi area was attacked and beaten by war veterans at one of their bases at Maunga Farm. The Independent’s investigations in the Mashonaland West commercial farming area revealed that war veterans and other invaders were being aided in their terror campaign by prominent politicians who have urged them not to worry about the Abuja agreement. Thousands of farm workers will be unemployed by the end of this month as farmers who have not begun operations due to the continued work stoppages are due to commence negotiations with the national employment council on how to lay off workers.
Commercial farmers that spoke to the Independent said senior politicians were operating in cahoots with army officers, the police and Central Intelligence Organisation (CIO) officers to spread terror and evict the farmers. Members of the CIO had settled on properties evacuated by the farmers and assumed ownership of abandoned farmhouses. The Karoi officer-in-charge for the CIO, a Mrs Munakandafa, is now the proud owner of the farmhouse and a plot at Nyambizi Farm which was left by Sven Johnson who abandoned it at the peak of the farm invasions last year. A retired Zimbabwe National Army major, Mati, has a plot on the same farm. A CFU official told the Independent that the farm measured about 1 500ha and mainly produced tobacco. The Independent phoned the CIO office in Karoi yesterday but Munakandafa was reportedly out. Officer commanding Mashonaland West province Snr Assistant Comm Munoriyarwa told the Independent he was not prepared to give interviews to people over the phone and referred all questions to police spokesperson Wayne Bvudzijena. Bvudzijena said he was not aware there were invaders on undesignated farms and advised the reporter to contact him later.
One war veteran, Japhet Makuwerere, has comfortably settled himself at the Maunga Farm farmhouse in Karoi. The owner of the farm, Anthony Mills, was forcibly evicted from the farm. Mills told the Independent that he was unable to access his farmhouse and the property that he left. "They broke into my compound when I left and looted chemicals, fertilisers, welders, compressors and other machinery worth about $1 million," Mills said. Mills yesterday said he now needed a police escort to go back to the farm. An American tourist, John Ulriech, who had come to hunt at Momba Game Park, was abducted and beaten by war veterans last month. Mills’ Maunga Farm is adjacent to Monga Game Park. "They abducted him when he had just returned from shopping. When he was about to enter the gate, they stopped his car, made him lie on the ground, beat his feet and took him to Maunga Farm, their base," Mills said. "The police were called in and they took John to the Department of National Parks," he said. "He had all the documentation needed from the Department of National Parks but the war veterans harassed him. It is a very painful incident and is another blow to the country’s attempts to woo tourists," Mills said. Of the 350 animals at Monga Game Park, owned by Terry Smit, only 150 were now left. "We have reported these incidents of poaching and theft countless numbers of times but the police insisted that it was political," Mills said. "Makuwere is armed with a 303 rifle and he is behind all this but they have not done anything," he added.
Kuda Chitomba (33), a farm worker at Whindale Farm, told the Independent that the farm, owned by Torbern Hansen, was not designated but war veterans continued creating work stoppages and harassing farm workers. "A copy of the Abuja agreement was circulated to the invaders but they said it had nothing to do with them," he added. "The District Administrator is aware of this but nothing has changed. It has got worse," he said. Marshall Roper of Pevrel Farm told the Independent that he contested the designation of his farm, but he had not received any response and was not sure whether to proceed with farming this season. "What is happening is illegal. They are pegging on the farm and I can’t do anything, there is no progress," he said. Roper said that his irrigation pipe was vandalised on August 30. He said that he called in the army and the police to assist but when he came back to the farm the war veterans, led by one Matinere, "had started burning houses in my compound and beating my labourers". The war veterans burnt 43 houses belonging to the farm workers until the Support Unit and the police defused the situation.
From The Daily News, 21 September
US action on Mugabe imminent
The United States, still smarting from fatal terrorist attacks last week, says despite the tragedy, it would still take appropriate action against Zimbabwe because of recurrent State-sanctioned violence. Speaking from Washington via satellite yesterday, William Bellamy, the US acting Assistant Secretary of State for African Affairs, virtually signalled the impending imposition of sanctions against Zimbabwe unless the situation changed. He was responding to a question on the fate of the Zimbabwe Democracy and Economic Recovery Bill, after the terrorist attacks in which hijackers on three civilian planes rammed into the World Trade Centre and the Pentagon, while a fourth crashed into the ground on 11 September.
The Bill, seeking to impose sanctions on Zimbabwe, was to be tabled before Congress this month. "I can’t say what action Congress will take on that piece of legislation," he said, "but concern in the US over events in Zimbabwe remains high." Bellamy, accusing the Mugabe government of fomenting lawlessness, said action against Zimbabwe was almost certain. "We are concerned by the violence orchestrated by the government of Zimbabwe, and the political repression," he said. "The concerns remain foremost. And I must say there is consensus between the US administration and Congress for an appropriate response on Zimbabwe."
Political violence and lawlessness have continued, particularly on the farms, despite the signing of the Abuja agreement between Zimbabwe and Britain in Nigeria on 6 September. Under the deal, the government agreed to stop further occupation of farms, to speed up de-listing of farms which do not meet set criteria, to remove invaders from undesignated farms, to respect human rights and to restore the rule of law in the process of land reform. However, lawlessness and human rights violations persist. The Bill will restrict travel to the US for Mugabe, his immediate family, Cabinet ministers, government and Zanu PF officials implicated in political violence.
From BBC News, 22 September
Violence blights Zimbabwe poll
Voters in a rural constituency in Zimbabwe go to the polls this weekend in an important test of the government's recent commitment to stop political violence. But human rights groups in Zimbabwe say that the run-up to the vote has been marred by murder and intimidation. Two weeks ago in the Nigerian capital, Abuja, the Zimbabwean Government pledged to stop political violence and illegal farm invasions in return for a promise from the British authorities to help fund land reform. But while the attention of the world has been elsewhere, both the violence and the invasions are continuing.
This weekend's by-election is in Chikomba, south of the capital Harare. The seat was held by Chenjerai Hunzvi, the leader of the pro-government war veterans, who died in June. Mr Hunzvi was accused of using violence and intimidation to win his seat. But a coalition of Zimbabwean human rights groups say that the political climate in Chikomba has scarcely improved since his death. In a report released on Wednesday they allege that one opposition supporter has been murdered and several others tortured in the run-up to the poll. They also say that the leading opposition candidate has received death threats. The Abuja agreement was meant to restore peace to Zimbabwe, but there is no sign yet of an improvement.
From ZWNEWS: If you would like to read the report on violence in Chikomba referred to above, please let us know. It will be sent as a Word attachment to an email message – size 110 Kb, or roughly twice the size of the average daily newsletter. It can also be seen on our website –
www.zwnews.com – under Reports in the Human Rights section.