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Zanu PF, not sanctions destroyed the economy - Tsvangirai

http://www.dailynews.co.zw/

By Sharon Muguwu and Diana Ngondonga
Monday, 27 September 2010 18:12

HARARE - Zimbabwe's economic meltdown was caused by  economic mismanagement
under President Robert Mugabe's leadership and not sanctions as propagated
by Zanu PF, Prime Minister Morgan Tsvangirai has said.

Tsvangirai also dismissed as false assertions that Zimbabwe is under
economic sanctions arguing that the West only imposed restrictive measures
on Mugabe and his cronies for orchestrating a breakdown in the rule of law
in Zimbabwe.

Speaking at a public accountability seminar organised by the Media Institute
of Southern Africa (MISA) and the Centre for Public Accountability (CPA) in
Harare Monday, Tsvangirai said the Zanu PF government ruined the economy
through bad decisions.

"Our problems emanated from mis-governance, the violent land reform and RBZ's
printing of worthless currency that is the bearer cheques. All these
compounded  to what was already a political problem to an economic one.
There is no economic sanctions regime in this country, there are restrictive
measures.

"We have agreed as principals to tackle the issue of restrictive measures as
this isolation has affected the lines of credit.

"Through a deliberate campaign of intimidation, abusing the rule of law and
substituting national policies for political party programmes our economy
was decimated, our institutions undermined and our peoples impoverished and
persecuted," said Tsvangirai who added such acts scares away investors.

The United States, Britain and the European Union (EU) have imposed
sanctions on Mugabe and his colleagues for gross human rights violations,
disrespect of the rule of law and failure to respect property rights among
others.

While the unity government is making moves to persuade the West to remove
sanctions, they seem to be hitting brick walls.

Last week, a Zimbabwean delegation compromising of the two Movement for
Democratic Change (MDC) formations and Zanu PF, met US assistant secretary
of state for African Affairs, Johnnie Carson and special assistant to the US
President who is also a senior director for African affairs, Michelle Gavin
in a bid to unlock the issue of sanctions but they failed.

Part of the statement from the US embassy in Harare after the meeting read:
"The United States recognised and applauded the economic advances that have
occurred in Zimbabwe but remains concerned that political progress has not
been as successful. The discussions were cordial and both sides agreed on
the need to seek opportunities to continue an open dialogue.

"The United States pointed out that the current political and human rights
environment in Zimbabwe remained troublesome, pointing to the recent
harassment of WOZA and the disruption of constitutional reform meetings in
Harare."

Zimbabwe was represented at the meeting by the Minister of Energy and Power
Elton Mangoma, Minister of Justice and Legal Affairs Patrick Chinamasa and
Minister of Regional and International Cooperation, Priscilla
Misihairabwi-Mushonga.

The US urged Zimbabwe to make further progress in the implementation of the
Global Political Agreement (GPA) if the targeted sanctions are to be
removed.

"Political progress comes with strong institutions, not strong individuals,
and developing strong and transparent institutions will sustain economic
growth.

"The United States remains a major contributor and continues to provide
humanitarian assistance to the people of Zimbabwe. Our sanctions are under
regular review, but as long as human rights violations, land seizures, and
intimidation of those participating in the political process continue, the
sanctioned individuals and entities on the list who continue to perpetrate
and benefit from these acts are unlikely to be removed.

"Significant improvements in the political environment, greater respect for
human rights and political freedoms will result in change in U.S. posture,"
reads the statement from the US embassy.


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Army, police implicated in poaching

http://www.zimonline.co.za/

by Own Correspondent Monday 27 September 2010

HARARE - Senior ZANU PF officials, policemen and soldiers have been fingered
in a fresh wave of poaching activities taking place in the Beitbridge area
where more than 200 zebras have been slaughtered for their skins in the past
two months.

Animal conservationist Johnny Rodrigues said at the weekend that a group
calling itself Zhove Conservancy Cooperative had invaded Denlynian and
Tamari Wildlife Farm in the district and looted property before butchering
the animals at the conservancy.

"The members of this group include police, army, civil servants, rural
council employees, war vets and ZANU PF activists," Rodrigues said.

The looting has continued despite a court order barring the clandestine
group from occupying the farm.

Investigations by conservancy owner Ian Ferguson at the Deeds Registry
revealed that Zhove Conservancy Cooperative is non-existent, raising fears
that this could be an ad hoc group formed for purposes of harassing white
conservancy owners and looting their properties.

Window and doorframes of a luxurious safari hotel which was under
construction in the conservancy have been ripped out and stolen while broken
water pipes are scattered everywhere.

Solar panels, water pumps and a 7-km strand game fence, among other
equipment, have also been looted.

Rodrigues said the invaders have particularly targeted zebras and elands.
The eland population at the farm has dropped from 973 to 374 during the past
10 years while the number of zebras has fallen from 871 to 163 over the same
period.

"The invaders have slaughtered 300 zebra for their skins in the past two
months alone," he said.

In addition to the decimation of the wildlife, the invaders have also burnt
approximately 200 hectares of trees, most of which have been standing for
the past 300 years.

Rodrigues warned that an ecological disaster was looming in the district due
to the indiscriminate cutting down of trees.

"The game farms are situated in a low rainfall area which is only suitable
for wildlife and the ecosystem there is now so fragile that if the land is
tilled, the soil will end up in the river," he said.

The conservationist also said 13 elephants were killed by a gang of poachers
in the Hurungwe safari area three weeks ago.

Nine poachers were arrested on September 10 at a road block in the area.

"Upon searching their vehicle, the police found 25 tusks, elephant tails, an
unlicenced rifle and machetes," Rodrigues said.

A further seven rhino poachers were arrested in the Chiredzi area recently
and a .303 rifle fitted with a silencer, telescopic sight and a carbine was
recovered.

The suspects consisted of three South Africans and four Zimbabweans.

The poachers had allegedly killed a rhino in the Save Valley Conservancy and
badly wounded its calf.


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Police hound witnesses in MDC activist’s murder

http://www.swradioafrica.com/

By Tichaona Sibanda
27 September 2010

Two key witnesses in the brutal murder of MDC activist Crispen Mandizvidza
are now on the run, after police indicated they wanted to arrest them for
the killing.

23 year-old Mandizvidza died from injuries sustained after a group of ZANU
PF supporters attacked him. Some of the attackers have been positively
identified and are residents of Mbare.

MDC MP for Mbare, Piniel Denga, told us on Monday that two key witnesses,
both friends of Mandizvidza, are in hiding and ‘safe somewhere.’ The MP also
confirmed reports that police had harassed mourners gathered at the late
Mandzvidza’s home over the weekend.

‘I’m not surprised by what we are seeing from the police. They are now going
after the two key witnesses, accusing them of murdering Mandizvidza. We know
they are partisan but their selective application of the law has now gone to
new heights where you turn against witnesses to a serious crime like murder,’
Denga said.

Mandizvidza is to be buried on Wednesday at his rural home in Zaka, Masvingo
province. A post mortem will be conducted on Tuesday. There is still tension
in Mbare following the violence that led to the abortion of a COPAC outreach
meeting last week Sunday.

The violence has been blamed on ZANU PF supporters who allegedly attacked
supporters of the MDC-T and barred them from attending the COPAC meeting at
Mai Musodzi Hall.

Though the police blame supporters from both ZANU PF and the MDC-T for the
violence, MP Denga said; ‘The whole world knows who started the trouble,
except our own police force.’

The legislator added that most of the culprits fingered in the violence are
known to be residents of Carter House, a church institution formed to assist
the disadvantaged in Mbare.

 


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High Court Judge Sues Bennett For Defamation

 

27 September 2010

Information Alert

Lawyers representing High Court Judge Justice Chinembiri Bhunu have issued summons against Movement for Democratic Change (MDC) Treasurer and Deputy Agriculture Minister-Designate Senator Roy Bennett claiming US$1 million in damages for defamation.

The lawyers from Chikumbirike and Associates Legal Practitioners filed the summons at the High Court on Friday 24 September, 2010.

The lawyers allege that the damages resulted from wrongful and defamatory words which were uttered by Senator Bennett during an interview with a reporter from The Guardian newspaper of the United Kingdom, which he granted on or around 9 May 2010, before Justice Bhunu delivered his judgment acquitting the former Chimanimani legislator.

Justice Bhunu's lawyers say the remarks were published on 24 May 2010 by an internet-based publication, the Zimbabwe Guardian Newspaper, which they claim enjoys wide distribution on account of being available on the internet free of charge.

Senator Bennett is alleged to have stated that: "To know that the people that are doing it will stop at absolutely nothing to achieve their ends and that there is a selective application of the rule of law, that the judiciary is totally compromised, that the very judge that's trying me is the owner of a farm that he's been given through political patronage, that all the appointments have been done through the Ministry of Justice on a political basis.basically I should expect no mercy and fear for the worst".

The High Court judge's lawyers, in the Plaintiff's Declaration, argue that Senator Bennett's remarks or statements were "wrongful and defamatory of the plaintiff [Justice Bhunu] in that they were intended to convey and were understood by the readers of the Guardian Newspaper to mean that the plaintiff was not a fit and proper person to be a judge of this honourable court [High Court] and to preside over the trial of the defendant [Bennett]."

The lawyers claim that Senator Bennett's statements imputed that Justice Bhunu was "a conscious and willing tool" who was "deliberately selected to preside over the defendant's [Bennett's] trial by persons that will stop at absolutely nothing to achieve their ends by a selective application of the rule of law".

The defamation is further alleged to have occurred in that Senator Bennett's remarks intended to convey and were understood by the readers of the Guardian Newspaper to mean that "the plaintiff's integrity as a judge and to preside over the defendant's trial [was] totally compromised by virtue of the fact that his appointment was not based on merit but political patronage and connections. This lack of judicial integrity having been achieved by the allocation of a farm through the Land Reform Programme"

Background

High Court Judge Justice Bhunu acquitted Senator Roy Bennett on Monday 10 May 2010 after ruling that the State's prosecution team, led by Attorney General (AG) Johannes Tomana, had failed to establish a prima facie case against the former Chimanimani Member of Parliament.

Tomana later appealed against Justice Bhunu's decision to acquit Bennett. Chief Justice Godfrey Chidyausiku recently reserved judgment after hearing submissions from both the State and Bennett's lawyers in relation to the appeal.

ENDS


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‘Negotiated’ constitution on the cards as outreach process fails

http://www.swradioafrica.com/

By Alex Bell
27 September 2010

Prime Minister Morgan Tsvangirai has indicated that a new constitution is
likely to be a negotiated document between the three parties in the
coalition government, and not the people driven exercise that was originally
promised.

Tsvangirai was speaking at an accountability conference on Monday where he
lamented the violence that has marred the public process to create a new
constitution. The process has stumbled forward, marred by mismanagement of
funds and widespread incidents of political violence at the hands of ZANU PF
members. The process was altogether suspended in Harare recently because of
intimidation of MDC supporters and the violence. Last week an MDC activist
died after an outreach meeting in Mbare dissolved into violence.

“If we have a constitution making process and one person is killed then you
are already strengthening the views of those who are cynical about the
process in the country,” said Tsvangirai at the conference on Monday.

“The process was to ensure that all Zimbabweans give views but unfortunately
the politicians took a partisan position and hence violence ensued,” said
Tsvangirai. “It has to be ultimately a negotiated settlement.”

He added: “On Thursday I am going to try to convince the other principals to
discuss the report of the constitution committee, we need a credible and
legitimate constitution. I am hoping that we don’t abandon this process
because a step forward is better than a static position.”

SW Radio Africa correspondent Simon Muchemwa on Monday said that the Prime
Minister’s comments are a public acknowledgement that the constitutional
outreach process is flawed.

“The Prime Minister acknowledged that the process has been a waste of
resources and time and money, and that’s why he says there will be a
negotiated document” Muchemwa said.

Muchemwa explained that Zimbabweans will be very disappointed that their
views will not be the founding basis for a new constitution. He added that
there have been no indications of whether the public outreach process will
continue, but said “whether or not the meetings continue, we now know it is
a waste of time.

This latest development in the constitution making process will come as
little surprise to many critics, who predicted that the process would never
be truly people driven. National Constitutional Assembly chairperson, Dr
Lovemore Madhuku, last week called on the government leaders to accept that
the parliamentary team heading the process, COPAC, has failed.

He told SW Radio Africa on Monday that he wasn’t surprised by the Prime
Minister’s comments, saying; “We knew from the beginning that a negotiated
document was on the cards.” Madhuku criticised the government for not
respecting the demands of the people, saying “these politicians have no
respect of the people of Zimbabwe.”

 


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Mugabe cancels trip to Ecuador to receive bogus degree

http://www.swradioafrica.com/

By Lance Guma
27 September 2010

Robert Mugabe has been forced to cancel a scheduled trip to Ecuador to
receive an honorary doctorate, after extensive media coverage exposed the
fact that the Bishop who had conferred him with the doctorate was a bogus
character, previously arrested for supplying arms of war to rebels in
Colombia.
Despite claims from Media, Information and Publicity Minister Webster Shamu
that Mugabe cancelled the trip because of pressing government engagements at
home it's thought the revelations about Bishop Crespo's shady life have
diminished the propaganda value of the doctorate.

Last month Bishop Walter Roberto Crespo, who leads a discredited faction of
the Anglicans in Ecuador, visited Zimbabwe to confer Mugabe with an Honorary
Doctorate in Civil Law. He claimed the honour was in recognition of his
'good leadership.' The ZANU PF leader was meant to pass through Ecuador to
receive the doctorate on his way home from the UN General Assembly in New
York.

Things changed dramatically after details of Bishop Crespo's past began to
leak out in the media. In 2001 the Bishop was arrested and jailed for 3
years for supplying arms to the guerilla movement, Revolutionary Forces of
Columbia. He was also implicated in the sale of anti-tank missiles and
cluster bombs to the rebels for use in killing Columbian President Alvaro
Uribe.

There are also serious doubts about Crespo's church and university with even
the Anglican Diocese in Zimbabwe distancing itself from his church. Rebel
Anglican Bishop Nolbert Kunonga, who is locked in a bitter dispute over
property with the main church, accompanied Bishop Crespo last month when he
was in the country to give Mugabe the 'bogus' doctorate.

If Mugabe does eventually accept the honorary doctorate it would make it the
13th honorary degree awarded to him since independence in 1980. By all
accounts 13 has turned out to be an unlucky number, given the controversies
surrounding the latest degree. Three other degrees given to Mugabe have
since been revoked by various universities around the world because of his
appalling human rights record.

This month the Gukurahundi massacres committed by Mugabe's North Korean
trained troops in the Matabeleland and Midlands provinces were classified as
genocide by the internationally recognized group Genocide Watch. Group
chairperson, Professor Gregory Stanton, said the Mugabe regime has been
trying to sweep this atrocity under the rug for 30 years now but this
classification now means the perpetrators can be prosecuted no matter how
much time has passed.

Professor Stanton also sent an official letter of protest to 'Bishop' Crespo
in which he wrote:
"We will propose a resolution of the International Association of Genocide
Scholars, which will meet in Buenos Aires in 2011, calling for this honorary
degree for Mugabe to be cancelled. The International Association of Genocide
Scholars has already passed resolutions denouncing Mugabe's genocide and
crimes against humanity. We will launch campaigns in Ecuador and other
members of the Organization of American States to get the honorary degree
withdrawn. If necessary we will appeal to the head of the Anglican Church to
get this honorary degree rescinded, if you decide to award it to this
criminal".


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War Vets Demand More Land

http://news.radiovop.com/

27/09/2010 12:49:00

Bulawayo, September 27, 2010 - War veterans who were allocated land in Bubi
District, Matabeleland North Province, are demanding more land, saying they
were allocated small portions during the 2000 land grabs.

District chairman of the Zimbabwe National Liberation War Veterans
Association (ZNLWVA) in Nkayi, Michael Tshaliba, who was resettled in Bubi,
said the sizes of land allocated to most of them were too small as they were
resettled under the villagised A1 scheme.

They are now appealing to the government to allocate them bigger portions of
land under the A2 commercial farm resettlement scheme.

"We have been resettled in villages in Bubi and the portions we received are
too little for some of us who have bigger families," said Tshaliba in an
interview.

"We had always wanted to be given A2 farms or plots rather than being
treated like anyone because war vets fought for the land and we deserve
special treatment than everyone.

"We want enough land and appeal to our leaders to take this matter seriously
and urge them to identify and allocate us enough land. As it is there is no
future in those small portions that we got and there is no sufficient space
for our children to build their own homes."

ZNLWVA chairman, Jabulani Sibanda confirmed that war veterans in Nkayi are
demanding more land.

"We are aware of their complaints and their concerns are genuine," said
Sibanda.

"War veterans were on the forefront of the land reform exercise and it is
unfortunate that no one from that area was allocated A2 pieces and most of
them were put on villages."

Tshaliba also raised concern over delays in the payment of school fees under
the educational support scheme for war veterans' children.

"Our children are sent away from school because the government's education
support for war vets is always delayed and it is very difficult to trace
those monies."
 


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Air Zimbabwe given one week to pay pilots

http://news.radiovop.com/

27/09/2010 09:18:00

Harare, September, 26, 2010 The national airliner, Air Zimbabwe management
has 12 days to pay its pilots who have since returned to work after they
agreed to call off a two strike which grounded its regional and
international flights resulting in an estimated loss of $8 million dollars
in revenue.

Sources told Radio VOP at the weekend that the deal struck to end the strike
will see the government bailing out Air Zimbabwe with funds enough to pay
the pilots the equivalent of 40 percent of their outstanding salaries and
allowances.

Furthermore the airline will be required to pay the remaining 60 percent of
the money owed to pilots and the entire staff of the airline within six
months.

"Basically the deal orders the airline to pay us all our monies in the next
six months. The pilots wanted a clear and definitive plan of payment and
they got that and if its not done they will again go on strike," said the
source.

"Some of the pilots have already been paid." The deal was strike after
President Robert Mugabe issued a blanket order that he wanted planes back on
schedule by the time he returns from the United Nations General Assembly
this week. Air Zimbabwe had to make special arrangements to obtain a crew
which took Mugabe to New York for the UN General Assembly.
 


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Zim debt accrues US$300 million annually

http://www.zimonline.co.za/

by Tobias Manyuchi Monday 27 September 2010

HARARE -Zimbabwe's external debt is accruing US$300 million annually with
the cash-strapped country unlikely to be able to raise funds anytime soon to
settle a staggering US$6.7 billion bill it owes various international
creditors, Finance Minister Tendai Biti said.

President Robert Mugabe and Prime Minister Morgan Tsvangirai's government
has over the past year mulled several options, including seeking debt
forgiveness.

But the coalition administration is yet to agree on a course of action to
resolve a debt crisis that analysts say is increasing the country's credit
risk profile while undermining investment and growth.

Cabinet is expected to debate a possible new debt strategy although Biti
insists that the government has developed a new "hybrid programme" to
address burgeoning debt.

"The debt overhang estimated at over US$6.7 billion remains an impediment to
efforts to unlock external financing requirements for the country's huge
developmental programmes," Biti said.

"The country is accumulating interest at a rate of about US$300 million
annual which is over five percent of GDP (Gross Domestic Product)," he
added.

Harare owes various creditors among them the World Bank, which is owed
US$600 million, the African Development Bank (US$400 million) and the
International Monetary Fund (US$140 million). The rest was interest accrued
over the years.

The multilateral lending institutions have told the Harare government to
first clear its arrears with the organisations before they can entertain any
request for budgetary assistance.

The southern African country, still smarting from nearly a decade of
international isolation and poor policies, desperately requires external
support for reconstruction. The government has said it requires US$10
billion in foreign funding to put the economy on a sustainable path to
recovery.

Economic analysts believe that negotiating for debt restructuring or
forgiveness is the only viable option available to Biti and his team as they
try to reengage the international community for economic aid.

But his chances of convincing skeptical lending institutions to restructure
or forgive Zimbabwe's debt ultimately depend on developments on the
political front where deep uncertainty remains despite relative stability
and efforts to write a new constitution to underpin democracy and ensure
respect for human rights and the rule of law. - ZimOnline.


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Official: S. Africa to pressure EU on lifting Zimbabwe sanctions

http://www.monstersandcritics.com/

Sep 27, 2010, 15:00 GMT

Johannesburg - South Africa will press again this week for the European
Union to lift targeted sanctions against Zimbabwe, the country's foreign
affairs spokesman Saul Kgomotso Molobi said.

South African President Jacob Zuma was scheduled to leave South Africa on
Monday for a one-day annual EU-South Africa summit in Brussels the next day,
followed by an official visit to Belgium on Wednesday.

If the EU asked about progress in Zimbabwe, as seemed likely given that
South Africa is the main power-broker in the country, Zuma would renew his
calls for the EU to lift travel bans and asset freezes on Mugabe and around
200 of his allies, Molobi said.

The EU has also frozen the assets of 33 companies linked to Mugabe's Zanu-PF
party and bans arms shipments to Zimbabwe.

'South Africa will set out the AU (African Union) position, which calls for
the lifting of sanctions on Zimbabwe,' Molobi told the German Press Agency
dpa

South Africa, which brokered Zimbabwe's 2008 power-sharing accord, believed
that ending the punitive measures was key to creating cohesion between
President Robert Mugabe's Zanu-PF and Prime Minister Morgan Tsvangirai's
Movement for Democratic Change, he said.

Zuma also called for the sanctions to be lifted during a visit to Britain
earlier this year.

Mugabe maintains that the measures, which were first levied in 2002, are
hampering the country's recovery from an economic meltdown in 2008.

The EU rejects that claim.

At a recent conference on Zimbabwe in Johannesburg, Germany's ambassador to
Zimbabwe Albrecht Conze insisted: 'There are strictly no restrictions on
trade with Zimbabwe, investment in Zimbabwe or on foreign banks lending
money to Zimbabwe.'

At Tuesday's summit, the EU and South Africa will also discuss trade,
particularly the economic partnership agreements (EPA) that the EU is trying
to negotiate with African states.

The EPAs replace a previous trade scheme between the EU and African,
Caribbean and Pacific (ACP) countries, which was ruled incompatible with
World Trade Organization rules.

South Africa has rejected the terms of the EPA, but some of its neighbours
and fellow members of the Southern African Customs Union, such as Lesotho,
Swaziland, Namibia and Botswana, have signed up.


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Nurses steal ARVs for backyard pharmacies

http://www.swradioafrica.com/

by Irene Madongo
27 September 2010

Nurses are stealing anti-retroviral drugs (ARVs) from government hospitals
to supply backyard pharmacies, a new report by the Zimbabwe Lawyers for
Human Rights (ZLHR) shows.

The report titled "Corruption Burns Universal Access", also says that people
with HIV and AIDS who go to government hospitals and clinics for drugs have
to pay bribes to nurses in order to get the life prolonging ARVs.

Although ARVs are available in Zimbabwe there are still many reports of the
difficulties patients have in accessing them. ZLHR said one of the problems
for shortages could be this hoarding of drugs by government workers.

Bhekezela Maponda, a project officer who was part of the research team, said
of the corrupt nurses on Monday: "What drives them is them is the need to
get more money and if their salaries are low they engage in this corruption
so as to supplement their income. You find they would have backyard
pharmacies where they take drugs from clinics and hospitals to sell them so
as to make more money. It was like a money spinning machine."

Nurses and other health workers in the public sector have often complained
about the poor salaries, as they earn between US$150 to US$250 per month.

The ZLHR officer said the absence of a code of conduct in hospitals also
meant workers could get away with the drugs scams and that staff shortages
meant hospitals did not have seniors to monitor the activities of nurses and
other staff.

"There is an absence of a code of conduct, but there is a patient's charter.
If there was a code of conduct, it would be easier for these cases to be
looked into," she said, adding: "The Ministry of Health commended our
efforts because they do not have good monitoring and evaluation systems in
place that would enable them to find this information."

Although Maponda said the Ministry of Health Ministry of Health told them it
will look into the issue, it is unlikely to be investigated as patients are
afraid to come forward and testify out of fear of victimisation.

Zimbabwe's cash-strapped health system also does not have the money to pay
senior staff, who could monitor nurses.


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NCA urges MDC to rejoin alliance

http://www.dailynews.co.zw/

By Guthrie Munyuki
Monday, 27 September 2010 17:52

HARARE - The National Constitutional Assembly (NCA) says the door is wide
open for the Prime Minister Morgan Tsvangirai's Movement for Democratic
Change (MDC) to re-join it in its efforts to force President Robert Mugabe
and his allies to deliver a real and meaningful constitution.

Lovemore Madhuku, the NCA leader, said once the popular MDC decides to
abandon the current constitution-making process and push for a no vote, the
NCA would fight in the same corner against Mugabe.

"The NCA recognises and works with progressive forces. Obviously, if the MDC
comes to us, we will accept them because as an organisation we recognise
players with similar attitudes and zeal for promoting democracy," said
Madhuku.

"But what would be golden is their genuineness to work with us," he added.

Madhuku, however, firmly parried away any suggestions that he would rather
approach the MDC and work with them in pushing through a people-driven
constitution.

"We don't need to approach anyone. When we dismissed the Copac led
constitution making process, the NCA did not reach out to anyone - we knew
what the people of Zimbabwe wanted  - and we still know what they want - a
people-driven process," Madhuku told the Daily News.

The NCA, a grouping of the Zimbabwe Congress Trade Unions (ZCTU), the
Zimbabwe National Students Union (Zinasu) and the MDC, has been in the
forefront of calling for a new constitution, but driven by the people not
politicians.

Since the MDC joined the inclusive government in February 2009 and later
gave a  nod to the parliamentary driven constitution making process,
relations with the NCA have soured.

The NCA, ZCTU and Zinasu maintain that the MDC departed from the
sacrilegiously held principle of putting the people first by joining hands
with Zanu PF and the smaller faction led by Arthur Mutambara in the current
process.

Despite being hit hard by donors who stopped funding its programmes, the
NCA, has successfully predicted that the drive towards a new constitution
would be marred by violence and intimidation.

Nelson Chamisa, the spokesman for the MDC, said his party remains part of
the NCA.

"The only difference is that we are participants in this current
constitution-making process. It has failed the litmus test. It is not
legitimate and has no credibility," Chamisa said.

The firebrand Information Communication Technology minister, said while
there have been differences with the NCA, largely stemming from their
participation in the constitution-making process, the MDC would never leave
the vocal grouping.

"The process has failed the test of legitimacy and credibility. We will take
a helicopter approach before we come up with a definitive answer.  But our
umbilical cord remains in the NCA, it's a bond that is unshakeable," said
Chamisa.

The constitution-making drive has been marred by the heavy involvement of
security agents who are accused of fomenting violence and intimidating
people.

Since June 23, independent groups and civic society organisations shadowing
the process have reported cases of violence and in some cases, rape in areas
traditionally known to be trouble spots especially in Zanu PF strongholds.

Recently, Copac suspended the outreach programmes in Harare after violence
flared in townships where the MDC commands massive following.

Tsvangirai has said he will meet with Mugabe to express his disappointment
over the violence.

"We have noted with concern the militarisation of the process, interfering
with a purely civilian process. Reports from all over the country show the
heavy involvement of the military in the process," Tsvangirai told
journalists. "In the rural areas, ordinary people were under siege from
similar cases of military meddling.

"The military and state agents' involvement must be investigated and the
principals must meet immediately to map the way forward," he said.

Copac has hinted that the outreach teams might start afresh in Harare and
Chitungwiza where there was concentration of violence.

Zimbabwe is in the process of writing a new constitution to replace the
archaic Lancaster House document which pro-democracy groups and neutrals
blame for entrenching Mugabe's power.

A similar attempt by the then government of Mugabe in 2000 to pen a new
constitution fell flat on its face when the NCA rejected the draft in a
referendum when it delivered a no vote which left Zanu PF reeling.


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U.S. Statement- Meeting with Zimbabwean Coalition Government


Meeting with Zimbabwean Coalition Government

 

Philip J. Crowley
Assistant Secretary, Bureau of Public Affairs

Washington, DC

September 26, 2010

 


On September 23, Assistant Secretary of State for African Affairs, Ambassador Johnnie Carson, and Special Assistant to the President and Senior Director for African Affairs Michelle Gavin met with senior members of Zimbabwe’s Zanu-PF/MDC transition government, including Minister of Energy and Power Elton Mangoma, Minister of Justice and Legal Affairs Patrick Chinamasa and Minister of Regional and International Cooperation Priscilla Misihairabwe-Mushonga. The Zimbabwean delegation reviewed in detail the economic and political progress that has occurred over the past 18 months since the conclusion of the Global Political Agreement (GPA).

 

The United States recognized and applauded the economic advances that have occurred in Zimbabwe but remains concerned that political progress has not been as successful. The discussions were cordial and both sides agreed on the need to seek opportunities to continue an open dialogue.

 

The United States pointed out that the current political and human rights environment in Zimbabwe remained troublesome, pointing to the recent harassment of WOZA and the disruption of constitutional reform meetings in Harare. The United States said that Zimbabwe must make further progress for the removal of targeted sanctions. Political progress comes with strong institutions, not strong individuals, and developing strong and transparent institutions will sustain economic growth.

 

The United States remains a major contributor and continues to provide humanitarian assistance to the people of Zimbabwe. Our sanctions are under regular review, but as long as human rights violations, land seizures, and intimidation of those participating in the political process continue, the sanctioned individuals and entities on the list who continue to perpetrate and benefit from these acts are unlikely to be removed. Significant improvements in the political environment, greater respect for human rights and political freedoms will result in change in U.S. posture. The United States welcomes engagement with the transition government, and we are committed to keeping the door open to further dialogue.



PRN: 2010/1347

 


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Petition in Support of Roy Bennett


Hello,

I am not from Zimbabwe but have been following closely what has been
happening there during the last few years and feel it is important to do
something, (even if a small gesture) to help. To that end, I—and a few
friends in the Caribbean region—have started an online petition in support
of Hon. Roy Bennett, and demanding Robert Mugabe and his Zanu-PF to stop
their persecution against him. We are aware his is not the only case of
persecution by the regime, but believe that helping him would eventually
mean helping many others, as from his ministerial position he would have
more possibilities of doing so, especially in the area of land.

The petition was started two days ago and has only gathered 50 signatures
(out of our goal of 10,000), and can be found through this link:

http://www.thepetitionsite.com/263/justice-for-Roy-Bennett/

We have been trying to contact people like you who have online blogs
discussing the situation of Zimbabwe and could perhaps aid us in
disseminating this link so many more people can be reached who could sign
it. The internet, as we all know, is a very powerful tool for good causes.

We would appreciate it very much if you could post the link to the petition
on your blog.

Thank you very much, and congratulations on such good work!

Respectfully,

Taí Fernández=


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Nigel the child

http://www.sokwanele.com/thisiszimbabwe/archives/6072
 
Nigel Mutemagau

Nigel Mutemagau

I have just left Zimbabwe and returned to my home in the United Kingdom and so much lingers in my mind. I was greeted at home by my loving parents, siblings and all the comforts one could ask for. As I pottered about the house I caught sight of 'The Zimbabwean' newspaper out of the corner of my eye. Right on the front page of the 2 - 8 September issue was the headline 'Tortured child sues for $ 1. 6 million.' Curiosity got the better of me and I reached for and read the article under this phenomenal headline.

It tells me of a child called Nigel who was two years old. He was incarcerated in prison where he suffered beatings from the state in 2008 in an attempt to force confessions from his 'political activist parents'. This information can't help but make me think of the basic rights of a child. I ask myself how a man can bring himself to torture an innocent defenceless boy? Why is it that some sections of the human race can ignore the overwhelming principle to protect the young, no matter what? A child is by its very nature extremely fragile and in my humble opinion demands respect.

I am sitting beside a lake at my local bird sanctuary mulling over life's cruelties. My attention is captured by a little girl of around five years old who is sitting in front of me feeding the greedy geese. The Zimbabwean boy Nigel is now around this age and when I look at the girl I allow myself to imagine if the treatment he suffered had been inflicted upon this girl. Would she be so happily playing in the sun with the huge smiles of satisfaction upon her face or would she more likely be hiding in the depths of her home where even there she might not feel safe. Do the state realise they have most likely impacted this boy's life forever and the trauma of those 124 days in prison will never leave his memory. To me this represents a whole other level of control by Mugabe.

This whole story really got me thinking and I went and examined what protection Zimbabwe offered with regard to the rights of the child. I am somewhat familiar with the Convention on the Rights of the Child (CRC) so I thought this would be a good place to start, and yes Zimbabwe is a signatory. Zimbabwe signed the convention on the 8 March 1990 and it was fully accepted on 11 September.

The obligations of a state once they have signed such a document change dramatically. The protection that is given to children under this convention are comprehensive and, in my opinion, completely necessary. However, in the case of Zimbabwe, it provides just another example of how these international organisations have little power in an individual country if the said country simply ignores them. Mugabe does exactly this! He knows that his domination of Zimbabwe can continue because he has avoided the criticism of these international bodies on numerous occasions.

For example in 2007 when Tanzania held the rotating chair of the Southern African Development Community, we did see leaders speaking out against the state of Zimbabwe's violent methods of coercion. However, when it came to making a report they all sank back into their chairs and played into Mugabe's hands by stating that the election process in 2002 was free and fair! Where is the Justice? This has given big Bob a strong hand; he holds a royal flush with the knowledge that he is getting away with murder, literally.

So who is there to help boys like Nigel? Is it you and me? Is it the new Global Political Agreement and the Government of National Unity?  As you all know Zimbabwe is in the process of drafting a new Constitution. ZANU-PF is especially keen for the Kariba Draft to be supported by Zimbabweans. You can find what it says regarding all areas of governance on the Sokwanele site, but Section 3 that covers children's rights states:

'A child's best interests are of paramount importance in every matter concerning the child.'

This is extremely broad and, I feel, it is not specific enough. Creating legislation that can be interpreted as you like is something that defies logical rule of law. It's a way of making law that you may not want to actually write down; all you have to do is establish a principle that allows you to infer this law. If one were to argue that they had been subject to treatment that they believed was in contravention of this provision the courts, if instructed to, may simply deny that whatever was ignored was in a child's 'best interest'. The main problem for me is that I simply don't put that past a corrupt Zimbabwean judiciary. We have seen many cases with farcical outcomes that seem to have little logic and this scares me.

What is the future of the child in Zimbabwe? How many more Nigels will there be? Or will we see more in-depth rights emerging in the new constitution so that the Nigels can sit and play with the geese and worry about how mushy they can make their mud pies. I enjoyed an amazing childhood in Zimbabwe during the 90s; I played sport and ran about the bush, Mogli like. I made friendships for life and the thought that Nigel was subjected to such violence really gets under my skin and leads me urge you the reader to think about Nigel. When the time comes for you to have some effect on Zimbabwe and human rights that you remember him and do the right thing, whether that is having your say in the new constitution or saying a prayer It doesn't matter so long as it is done.


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Bill Watch 27th September 2010 - Legislative Reform Series 2/2010[The Referendums Act & Regulations - Part I]

BILL WATCH

LEGISLATIVE REFORM SERIES 2/2010

[27th September 2010]

 

The Referendums Act and Regulations – Part I

Introduction

If the outreach programme is concluded by the end of this month and if COPAC sticks to the agreed timetable – big ifs, both of them, in view of the delays that have dogged the process so far – then the referendum can be expected by May next year.  Under the GPA the parties agreed that within three months after COPAC had completed its outreach programme a draft constitution would be prepared and presented to a second All-Stakeholders Conference, and one month later would be laid before Parliament for debate; Parliament would have one month within which to debate the draft, and then within three months the draft would be gazetted and put before the electorate in a referendum.  In anticipation of this, the Minister of Finance has reportedly been instructed to set aside one hundred million dollars in the coming budget to pay for the referendum.

The referendum, whenever it takes place, will be held in terms of the Referendums Act [Chapter 2:10] and the regulations made under the Act.  What do the Act and the current regulations say about referendums, and should the Act be amended and/or should the regulations be amended or replaced to enable the constitutional referendum to take place satisfactorily?

The Provisions of the Referendums Act and Regulations

The Referendums Act was passed in 1999 and was amended in 2004 in an attempt to bring it into line with the current Electoral Act.  The Referendums Regulations [Statutory Instrument 22A of 2000] have not been amended.  The main provisions are as follows:

Calling of referendums

Under section 3 of the Act, the President has power to call a referendum, to state the question to be put to voters at the referendum, and to fix the dates and times of polling.  In exercising these powers, the President must act on the advice of Cabinet [section 31H(5) of the Constitution].

Entitlement to vote at referendums

Under section 6 of the Act, anyone who can satisfy the presiding officer of a polling station that he or she is an adult and eligible to be registered as a voter on the voters’ roll is entitled to vote at a referendum.  So adult citizens who are resident in a constituency are entitled to vote.  The Referendums Regulations supplement this by stating that anyone who shows that he or she is a citizen by producing a national I.D. or a “waiting pass” [proof of application for an I.D. or interim I.D.] or a passport or drivers licence is presumed to be entitled to vote at a referendum.  Note that there is no need for prospective voters to produce proof of residence: under section 5 of the regulations voters can cast their votes at any polling station no matter where they reside, so proof of residence is irrelevant.

Voters’ rolls are not to be used in referendums for the purpose of identifying voters, unless the Registrar-General, now presumably the Zimbabwe Electoral Commission [ZEC] directs that they must be used [section 8 of the regulations].

Voting at referendums

Ballot papers at a referendum state the question that is being put to the voters, and immediately below the question there are two rectangles where voters can put a cross opposite the words “Yes” and “No”.  The question must therefore be stated in such a way that voters can answer it with a yes or a no.  This is clear from section 8 of the Act, which deals with the counting of votes, and section 3 of the regulations, which prescribes the form of ballot papers.

This is not quite as restrictive as it sounds.  In the constitutional referendum, for example, it would be possible to state several questions relating to the draft constitution, each of which could be answered with a yes or a no.  For example:  “Do you approve of the Declaration of Rights in the new constitution?  Yes or No.”  “Do you approve of Chapter III relating to the President’s powers?  Yes or No.”  And so on.  It would even be possible, if COPAC could not agree on a single draft constitution, to put two or more drafts to the voters in a single referendum.

However, the more options and alternatives that are put to the voters the more complicated the voting process becomes, even if all the questions can be answered with a yes or a no.  If the electorate is to give a clear answer in a referendum, it is best to keep the questions short and simple.

Counting of votes

According to section 8 of the Act, votes are counted by returning officers [impliedly at constituency centres] and the results forwarded to ZEC’s Chief Elections Officer.  The Act does not envisage the procedure currently employed in elections under the Electoral Act, whereby votes are counted at polling stations, then collated and verified at constituency centres and [in the case of presidential elections] finally collated at a national centre.

In this respect the Referendums Act follows the procedure laid down in the earlier electoral law, and it was not amended in 2004 to align it with the current Electoral Act.

After the votes have been counted in a referendum, the Minister of Justice, not ZEC, must be told of the result, and it is the Minister, not ZEC, who must publish a notice in the Gazette announcing the result [section 13 of the regulations and 8(5) of the Act].

Appeals against result of referendum

Section 9 of the Act allows an appeal to the Electoral Court against the acceptance or rejection by a returning officer of votes “in regard to which there has been a dispute between the returning officer and an aggrieved party”.  As there are no equivalents to election agents in a referendum, it is difficult to see who there would be to disagree with the returning officer’s decision other than observers and they could hardly be aggrieved parties to lodge an appeal.  No appeal is allowed on any other ground. 

Application of Electoral Act to Referendums

Under section 10 of the Referendums Act, the Electoral Act [note all references in this bulletin are to the current Electoral Act, but there may well be either a new or amended Electoral Act before the referendum takes place, in which case Veritas will issue a revised comment on the Referendums Act] applies to all aspects of a referendum that are not specifically dealt with by the Referendums Act and the regulations made under it.  So observers for referendums are accredited in the same way as observers for elections, and voters may be assisted to vote in the same way as in elections, and so on.

An important point to note is that the Electoral Act applies only where the Referendums Act and its regulations are silent.  It is possible for regulations [existing ones or any new ones brought out under the Referendums Act] to override and modify the provisions of the Electoral Act in so far as they apply to referendums [see section 11(2)(d) of the Referendums Act].  Therefore ZEC could, in theory, make regulations relaxing the restrictions which the Electoral Act imposes on the accreditation of observers, for example, to allow more local and foreign organisations to observe referendums.

Regulations

The current regulations were made in 2000 under section 11 of the Act by the Minister of Justice, Legal and Parliamentary Affairs when there was no ZEC.  When ZEC was established in 2004, section 11 of the Act was amended to transfer the regulation-making power from the Minister to ZEC.  Section 11 empowers ZEC to make regulations on a wide variety of matters.  Any regulations, however, must be approved by the Minister of Justice and Legal Affairs — which is why in the preceding paragraph it was stated that ZEC’s power to relax the restrictions on observers was theoretical rather than actual.

It may be that the requirement for the Minister’s approval of regulations — like the similar requirement in the Electoral Act — is unconstitutional in the light of section 100H of the Constitution, which states that the State must make provision to ensure that ZEC is able to exercise its functions independently.

[Electronic versions of Referendums Act and Regulations available on request]

 

Part II – Suggested Amendments to the Referendums Act and Regulations – to follow

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied.

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