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Tsvangirai agrees not to contest 2011 poll result

http://www.swradioafrica.com

By Alex Bell
13 September 2010

Prime Minister Morgan Tsvangirai has agreed not contest the result of the
nest election, after he and Robert Mugabe agreed that the poll will be held
next year.

Prime Minister Tsvangirai said over the weekend that the polls will be held
next year. He said on Saturday that he had agreed with Mugabe that "whoever
loses (the next election) should make way for the winner." He was speaking
at a ceremony to mark his MDC-T party's 11th anniversary and told supporters
that he and Mugabe agreed to take advantage of the 'prevailing peace' to
hold elections.

"When I last saw President Mugabe he said the prevailing peace was ideal for
us to go for an election and this time we agreed that whoever loses should
make way for the winner," Tsvangirai said.

Political commentator Professor John Makumbe told SW Radio Africa on Monday
that Mugabe and Tsvangirai's agreement not to oppose the result will mean
nothing to Mugabe's loyal security forces. He said that the security forces
"will rip an agreement like this to shreds to ensure a result they want."

"Tsvangirai has put the MDC in a difficult position because if ZANU PF once
again rigs the election, then the MDC won't have room to contest it,"
Makumbe said. "Tsvangirai has embarrassed himself."

Makumbe predicted that, politically, a 2011 poll will be a repeat of 2008,
saying: "The MDC will likely win an election once again and ZANU PF will
once again refuse to accept the result."

SW Radio Africa correspondent Simon Muchemwa said on Monday that there is
widespread fear that there will also be a repeat of the kind violence
experienced during the 2008 vote. He said there was no 'peace' in Zimbabwe,
only fear of a violent backlash by ZANU PF during the 2011 poll. Muchemwa
said the current exercise to gather public opinion for a new constitution
has clearly shown that ZANU PF is preparing for polls. He said the party "is
preparing to take the next election by force."

"There has been widespread intimidation of MDC supporters and even people
have haven't been intimidated are still afraid of violence if an election is
called," Muchemwa said.

Muchemwa explained that people, particularly in the rural areas, "are not
prepared to have another election under violence." He explained that there
are no mechanisms in place to protect the public against violence, and "if
ZANU PF can get away with open intimidation during the constitutional
outreach process, then they know they can get away with another violent
election."

There have been widespread reports of politically motivated violence against
MDC supporters during the constitutional outreach exercise, with ZANU PF
supporters and war vets leading harassment and intimidation campaigns. There
are also clear signs that ZANU PF has begun electioneering, and there are
reports of torture bases being set up ahead of polls. All this indicates
that Mugabe's party is gearing up for an election win by force, a win that
Tsvangirai now says he will not contest.

An election next year was stipulated by the Global Political Agreement
(GPA), which formed the basis of the current unity government. That
coalition is meant to be paving the way for a peaceful election by writing a
new constitution before the polls. The process of getting public opinion on
a rewritten constitution has been under way, and has clearly shown that the
country is not ready for a vote.

Mugabe meanwhile has ordered Finance Minister Tendai Biti to budget US$200
million for polls for next year, despite the chairman of the election
commission, Simpson Mutambanengwe, saying there was not enough money for a
2011 poll. Meanwhile the Zimbabwe Electoral Commission (ZEC) has also
advised that a proper voters roll would take at least 18 to 24 months to
prepare.
 


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ZANU PF torture trial begins

http://www.swradioafrica.com

By Alex Bell
13 September 2010

Judge President George Chiweshe on Monday started hearing the first of many
cases against top government ministers and security officials, for their
involvement in the abduction and torture of MDC activists.

The case was originally meant to get underway last month, after Norton MDC
activist Mapfumo Garutsa applied to the court for almost US$200,000 in
compensation from top officials. Garutsa was abducted in November 2008 and
held incommunicado for 22 days, on claims that he committed acts of
terrorism and banditry. His captors accused him of bombing two bridges,
police stations, and undergoing training in Botswana. Garutsa says he was
repeatedly assaulted and denied food during his ordeal.

His case was postponed after Judge President Chiweshe decided it would be
heard alongside similar cases of 17 other abductees, who are suing the
minister and security officials for more than US$20 million. The process got
underway on Monday but there is doubt that the abductees will find justice
through the courts. Chiweshe is a known Mugabe loyalist and as former head
of the Zimbabwe Election Commission, ensured that the ZANU PF leader
retained his grip on power.

Home Affairs co-Minister's Kembo Mohadi and Giles Mutsekwa, Justice Minister
Patrick Chinamasa and former State Security Minister Didymus Mutasa have all
been listed in Garutsa's case. The activist is also claiming damages from
police Commissioner General Augustine Chihuri, Prisons Commissioner Paradzai
Zimondi, Happyton Bonyongwe, Director General of the Central Intelligence
Organisation, Asher Walter Tapfumaneyi (Assistant Director of the CIO) and
senior police officers, identified as Senior Assistant Commissioner Nyathi,
Chief Superintendent Makedenge, Detective Chief Inspector Mpofu, Chief
Superintendent Magwenzi, Superintendent Joel Shasha Tenderere and
Superintendent Regis Takaitei.

The senior officials are also facing legal action from a Harare woman who is
personally seeking more than US$3 million in damages, after being severely
assaulted by police at the time of the abductions. Shamiso Nziramasanga was
four months pregnant when she was assaulted by a policeman who threatened
her with more violence if she reported the assault. A few days later she was
admitted to hospital in severe pain, where doctors found that her uterus had
ruptured from the beatings she endured. She lost her baby and also had to
undergo an emergency hysterectomy.

 


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Lawyers Seek Consolidation of Ministers' Trial Over Abduction




 

 

zlhr logo13 September 2010

Information Alert

 

 

 

 

 

LAWYERS SEEK CONSOLIDATION OF MINISTERS’ TRIAL OVER ABDUCTION

 

Lawyers representing four ministers and several top state security agents on Monday 13 September 2010 filed an application seeking an order to consolidate the various matters brought about by abductees into three clusters for purposes of trial.

 

Farai Mutamangira of Mutamangira and Associates, who is representing the four ministers and the state security agents, wants the cases brought up against the ministers and the state security agents by 19 victims of enforced disappearances to be consolidated into three clusters before trial can commence in the High Court.

 

In his application, which was heard in Judge President George Chiweshe’s chambers Mutamangira argued that all of the various matters that were instituted by the abductees have already passed the pre-trial conference stage and await the set down before various judges only with the exception of two matters involving Norton residents Mapfumo Garutsa and Regis Mujeyi, whose matters had been set down before Justice Chiweshe.

 

Mutamangira wants the matters of all the abductees who are suing the ministers and the state security agents for more than $20 million to be consolidated into three clusters according to the similarities of their circumstances. He said the matters to be consolidated involve the same parties and similar evidence will be led among other things which makes it convenient for the matters to be consolidated.

 

Mutamangira said it would be expedient and convenient for the various matters to be set down in the clusters since the abductees allege similar facts and all claim that their arrest was unlawful.

He argued that the abductees in the various matters are all represented by the same legal teams and it would be unfortunate for the same legal counsel engaged in the same matter having so many parties thereto to come to court on an occasional or on record 18 or 19 times.

 

Mutamangira wants the first cluster to involve Fidelis Chiramba, Violet Mupfuranhewe, Nigel Mutemagawu, Collen Mutemagawu, Concillia Chinanzvavana, Emmanuel Chinanzvavana, Pieta Kaseke and Tawanda Bvumo while the second cluster should be made up of Jestina Mukoko, Broderick Takawira, Pascal Gonzo, Audrey Zimbudzana.

 

Mapfumo Garutsa, Regis Mujeyi, Andrison Manyere, Kisimusi Dhlamini, Gandhi Mudzingwa, Zacharia Nkomo and Chinoto Zulu should make up the third cluster.

 

Justice Chiweshe told Mutamangira and the abductees’ lawyer Charles Kwaramba, who was assisted by Rose Hanzi that the ministers’ application should be heard and determined in a month’s time from 13 September 2010.

 

Kwaramba will soon file his response to Mutamangira’s application

 

The abductees are demanding $1.2 million each in damages which they suffered after they were abducted by state security agents and charged with committing acts of terrorism and banditry.

 

The abductees, who were accused of receiving training in Botswana and bombing police stations, were kept incommunicado during the period October 2008 until 22 December 2008 when they were brought to a police station.

 

ENDS

 

Kumbirai Mafunda

Senior Projects Officer

Communications&Information Officer

Zimbabwe Lawyers for Human Rights (ZLHR)

6th Floor Beverley Court

100 Nelson Mandela Av

Harare

Zimbabwe

 

Tel: +263  4 705 370/ 708118/ 764085

Fax: +263 4 705641

Mobile: +263 91 3 855 611

Email: kumbi@zlhr.org.zw info@zlhr.org.zw kmafunda@yahoo.co.uk

www.zlhr.org.zw

 

“We Need Generational Change”

 

 


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Three MDC-T officials die in car crash in Gokwe

http://www.swradioafrica.com

By Tichaona Sibanda
13 September 2010

Three Chitungwiza based MDC-T officials died on Saturday after the vehicle
they were travelling in was involved in an accident along the Gokwe-KweKwe
highway in the Midlands province.

The trio was travelling back to Chitungwiza from Gokwe when tragedy struck
around 3pm. They were part of around 5000 people who gathered in Gokwe for
the MDC 11th anniversary celebrations.

The MDC named the three party cadres as Alex Magunda, the district
chairperson for St Mary's, Loveless Sango, the vice chairperson of the
district and Innocent Muzuva, the secretary for ward 1.

According to eyewitness accounts the vehicle in which the three officials
were travelling in was hit by a vehicle driven by Evelyn Masaiti, the MDC-T
MP for Dzivarasekwa and former Woman Affairs deputy minister.

It is reported the MP was attempting to overtake, but swerved back to the
left lane after seeing an oncoming vehicle ahead, resulting in her hitting
the vehicle she was trying to overtake.

'On impact both vehicles lost control and veered off the road. Masaiti's
vehicle crashed into a tree while the one with officials from Chitungwiza
rolled several times. Most of the passengers from this pick up truck were
thrown out of the vehicle and in the process sustained serious injuries,'
one MDC official told us.

It is believed there were as many as 10 people in truck that overturned.
Most of those who sustained injuries were seated in back of the vehicle.

Masaiti was also injured in the accident. A source told us she may face
charges of culpable homicide for not taking due caution on a highway. She
was due to fly out of Harare on Sunday morning for Berlin, Germany, on party
business.

Magunda, Sango and Muzuva were rushed to Zhombe hospital where they were
pronounced dead on arrival. Others were ferried to KweKwe hospital and had
to be airlifted to Harare on Sunday.

In his condolence message MDC President Morgan Tsvangirai said he was
grievously pained by the death of the officials on their way from the part's
11th anniversary celebrations.

Tsvangirai arrived at the scene of the accident 20 minutes after it had
happened and managed to mobilise help for those injured. He also made a
follow-up to KweKwe hospital where he gave orders that those injured should
be airlifted to Harare for specialist treatment.

'It is painful that barely an hour after the carnival atmosphere in Gokwe,
the party was once again plunged into mourning and deep sorrow. I was deeply
pained when I saw the lifeless bodies near the Empress Mine turn-off barely
20 minutes after the tragic accident,' Tsvangira said.


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President Tsvangirai’s condolence message on the death of three party officials in a road accident

I am grievously pained by the death of three MDC officials on their way from our 11th anniversary celebrations which were held in Gokwe on Saturday. It is painful that barely an hour after the carnival atmosphere in Gokwe, the party was once again plunged into mourning and deep sorrow.

The three party cadres, Alex Magunda, the district chairperson for St Mary’s, Loveless Sango, the vice chairperson of the district and Innocent Muzuva, the secretary for ward 1, died while in the course of pursuing their dream of bringing about real change in Zimbabwe. I was deeply pained when I saw the lifeless bodies near the Empress Mine turn-off barely 20 minutes after the tragic accident. I followed to Kwekwe hospital and was again deeply touched by the sombre moment and the pains of the injured, especially after we had just celebrated, together,  the 11th anniversary of our great people’s movement.

As leadership, we again travelled to Chitungwiza to pay our respects to the dearly departed party cadres who had left their homes early in the morning to attend a special party occasion more than 300 kilometres away. But then fate is capricious. Our colleagues were tragically taken away from us in our moment of celebration.

Their death embodies the sad story of the MDC in the last 11 years; the story of body blow after body blow, the story of tears planted on our cheeks even on those joyous occasions meant to celebrate our great achievements in only 11 years. Many Zimbabweans have lost life and limb on our roads. While we all need to take due care and caution on our roads, a lot needs to be done to dualise these roads so that we can mitigate the carnage on our highways. 

I wish a speedy recovery to the injured. To the bereaved, I say our prayers and thoughts are with you in this moment of grief. The loss is not yours alone. The party, and indeed the country, has lost true heroes of real change. 

--
MDC Information & Publicity Department
Harvest House
44 Nelson Mandela Ave
Harare
Zimbabwe
Tel: 00263 4 793 250


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UPDATE: Arrest of four American citizens in Harare on September 9, 2010

U.S. Embassy Harare

Public Affairs Section

 

UPDATE: Arrest of four American citizens in Harare on September 9, 2010

 

September 13, 2010

 

 

The four American citizens arrested on September 9, 2010 appeared before a Zimbabwean magistrate in Harare on September 13 and pleaded not guilty to all charges. A U.S. Embassy senior consular officer attended the court proceedings. The group was formally charged with not being registered to practice as doctors and practicing as medical professionals without the supervision of a pharmacist. Each member of the group was charged $200 bail and released. It is anticipated that their case will be scheduled for later in September.

 

The group is part of a Christian volunteer health service of the Allen Temple AIDS Ministry based in Oakland, CA, and includes one doctor, two nurses and a community volunteer. They were arrested with two other non-American volunteers. The group operated from two clinics, one in Mutoko (160 km east of Harare) and one in Harare, where they worked primarily with AIDS orphans and HIV+ patients for the past decade.  

 

# # #

 

For more information, please contact Sharon Hudson-Dean, Public Affairs Officer. E-mail: HudsonDeanS@state.gov   Tel. +263 4 758800-1, Fax: 758802, cell +263 912 559 784

 

http://harare.usembassy.gov      Become a Fan on Facebook!     Follow us on Twitter!

 


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‘Jealous Harare Aids charity’ blamed for American arrests

http://www.swradioafrica.com

By Irene Madongo
13 September 2010

The lawyer representing four Americans arrested on charges of distributing
HIV drugs without licenses says a jealous Zimbabwe Aids charity is to blame
for the saga.

Four American citizens, who are part of a Christian volunteer health service
of the Allen Temple AIDS Ministry based in California, were arrested last
Thursday in Harare, allegedly for disbursing antiretroviral drugs without a
license. On Monday they were each charged $200 bail and released. It is
anticipated that their case will be heard later in September.

The group includes one doctor, two nurses and a community volunteer. Two
Zimbabwean doctors working with them were also arrested on related charges.
The group operated from two clinics, one in Mutoko and another in Harare,
where they worked primarily with AIDS orphans and HIV positive people. But
the sudden arrests aroused suspicion as the organisation has operated in the
country for the past decade.

Lawyer Jonathan Samukange said: ‘They were working at a place called the
Centre for Aids. There was a misunderstanding there so they moved. We
suspect that the people from the old place they used to operate from are the
ones who went to the police to make a report to say these people are
operating without proper documentation. We suspect the whole thing was not
police intiated, but initiated by a jealous previous partner.’

The Centre is a Harare-based charity that provides counselling and
information to people with HIV/AIDS. When asked to comment on the
allegations, the Centre’s Executive Director Freddy Kachote vehemently
denied his organisation had any involvement in the arrests.

When asked why the workers legal representative would single them out of all
the organisations, Kachote replied: “Why would we speak to police? We have
had a long stranding relationship with the Allen Temple Church. We have been
hosting them for a long time.”

However Samkange made it clear that the relationship had broken down.
He said the Americans plan to go back home as soon as the case is over. He
added that because the drugs have been taken by police as exhibits, they
will not be distributed to the patients who badly need them.

Zimbabwe’s broken health system is failing to contain the Aids epidemic and
relies heavily on international and non-governmental organisations for help.
Recently there were reports that HIV positive children who cannot get
antiretroviral drugs now have to cross the border to South Africa to get
medication.

If the allegations against the Centre are true, it will be disappointment
for many who have supported the organisation which was founded by the late
Lynde Francis, an ardent and respected Aids activist. She worked hard with
other Aids charities to organise help for people living with Aids.

 


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Lawyers Fight for Maseko as State Drops and Brings in New Charges

 

 

zlhr logo13 September 2010

HRD’s Alert

 

 

 

STATE FORCED TO DROP CHARGES AGAINST MASEKO BUT CONTEMPLATES  BRINGING NEW CHARGES

Lawyers representing tormented Gukurahundi visual artist Owen Maseko on Monday 13 September 2010 secured victory when the State was forced to drop charges against the artist when he appeared in court.

Maseko’s lawyers Lizwe Jamela, Nosimilo Chanaiwa and Jeremiah Bamu of Zimbabwe Lawyers for Human Rights (ZLHR) successfully challenged an attempt by State prosecutor Tawanda Zvekare to introduce a new charge against the visual artist.

Zvekare, who travelled all the away from Harare to prosecute in Maseko’s case at  Tredgold Magistrates Court in Bulawayo sought to put a new charge to Maseko, which is different from the one in respect of which he was placed on remand.

Maseko was placed on remand on charges of undermining the authority of or insulting the President and causing offence to persons of a particular race or religion.

But Zvekare sought to bring in new charges of breaching Section 31 of the Criminal Law (Codification and Reform) Act Chapter 9:23 by allegedly publishing or communicating falsehoods prejudicial to the State and an alternative charge of violating Section 33 of the Criminal Law (Codification and Reform) Act Chapter 9:23 by undermining the authority of insulting the President.

Maseko’s lawyers objected to this, and argued that this was calculated to prejudice and embarrass their client. The lawyers argued that Maseko is on remand in respect of a particular charge, which has not been disposed of and hence it is not legally tenable to have both charges hanging over the artist’s head.

They indicated that their client would not know which charge to prepare for under the circumstances. The lawyers pointed out that there is no procedure which allows the State to substitute a less serious charge for a more serious charge.

In her ruling, which was delivered Monday afternoon Magistrate Ntombizodwa Mazhandu ruled that the State can only bring new charges against Maseko before plea if the first charges have been withdrawn before plea.

After Magistrate Mazhandu’s ruling the State withdrew the earlier charges and sought to prefer the new charge against Maseko.

Defence lawyers again objected to this, arguing that the charge on which Maseko had initially been brought to court is no longer there and added that if the State is to bring in new charges, it has to do so in the proper manner.

Subsequently, the State undertook to facilitate the opening of a new record in respect of the proposed new charge.

Defence lawyers have prepared a warned and cautioned statement in respect of this new charge, which will be officially signed on Tuesday 14 September 2010 at 09:00hrs. Thereafter, lawyers will proceed to view the exhibition and obtain all exhibits sought to be produced by the State as well as obtain witness statements.

Maseko’s trial on new charges is expected to commence on Wednesday 15 September 2010 after his lawyers would have prepared a defence outline.

Maseko was arrested in March for staging an exhibition in Bulawayo depicting the 1980’s Matabeleland massacres carried out by troops loyal to President Robert Mugabe’s previous government. The exhibition, which showcased paintings that explored the torture and massacres that characterized the civil unrest known as Gukurahundi, was closed when the artist was arrested.

Recently, the government invoked the Censorship and Entertainment Control Act to ban the exhibition of Maseko’s paintings at the Bulawayo National Art Gallery charging that they portrayed “the Gukurahundi era as a tribal biased event.”

ENDS

 

Kumbirai Mafunda

Senior Projects Officer

Communications&Information

Zimbabwe Lawyers for Human Rights (ZLHR)

6th Floor Beverley Court

100 Nelson Mandela Av

Harare

Zimbabwe

 

Tel: +263  4 705 370/ 708118/ 764085

Fax: +263 4 705641

Mobile: +263 91 3 855 611

Email: kumbi@zlhr.org.zw info@zlhr.org.zw kmafunda@yahoo.co.uk

www.zlhr.org.zw

 

“We Need Generational Change”

 

 


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Air Zim suspends international flights

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

by Patricia Mpofu Monday 13 September 2010

HARARE -- Air Zimbabwe has suspended all international flights because of a
strike by pilots that has crippled operations at the troubled airline.

Also suspended are regional flights to Lusaka, Zambia and Lubumbashi, in the
Democratic Republic of the Congo until further notice.

The national carrier's 40 pilots are demanding improved salaries and
outstanding allowances which date back to about 20 months and totaling US$3
million.

Despite being given a 24-hour ultimatum last Thursday to return to work, the
pilots have refused to go back to work, resulting in the debt-ridden airline
cancelling indefinitely flights to Lusaka, Lubumbashi and all international
flights, including its cash-cow, the Harare-London route.

Peter Chikumba, the Air Zimbabwe chief executive officer, while apologising
to customers over what he described as unforeseen collective job action by
the pilots, said management was continuing to negotiate with the striking
workers.

"Flights to Lusaka, Lubumbashi and all international flights remain
suspended until further notice. Meanwhile, management is continuing to
negotiate with the pilots in order to quickly restore normal service.

"We are doing everything possible to ensure that alternative services are
available to minimise passenger inconveniences," said Chikumba.

The airline has in the meantime leased planes from a private South African
carrier, Air Quarius to service the Harare/Johannesburg/Harare,
Harare/Bulawayo/Harare and the Harare/Victoria Falls/Harare routes.

Air Zimbabwe's total wage bill is estimated at US$1, 3 million per month,
which analysts say is disproportionate to the volume of business the firm is
handling.

The national carrier's chairman, Jonathan Kadzura, said last week the strike
was unprocedural, warning that the strikers will be fired.

Air Zimbabwe was one of the best airlines in Africa at independence in 1980.
But years of mismanagement and interference by the government have nearly
brought the airline to its knees.

Starved of cash for re-tooling, Air Zimbabwe uses mostly obsolete technology
and equipment while nearly all its planes are between 18 and 22 years old.

In addition, the airline pilots and other skilled staff have deserted the
airline to go abroad where salaries are higher and working conditions
better.  - ZimOnline


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Air Zimbabwe still negotiating with striking pilots and cabin crew

http://www.swradioafrica.com

By Tichaona Sibanda
13 September 2010

Air Zimbabwe management is still in talks with its pilots and cabin crew,
despite a statement Sunday saying they had been fired after they refused to
return to work.

The pilots walked out on Wednesday last week over pay and conditions. A
24-hour deadline was set for them to return to work over the weekend but on
Monday the pilots were still digging in.

A highly placed source within the airline told SW Radio Africa on Monday
that negotiations between management and the pilots were still ongoing,
despite the chairman's statement.

Jonathan Kadzura, the board chairman, said the pilots should consider
themselves out of a job, after they failed to take heed of the 24 hour
deadline.

Kadzura said there was no way Air Zimbabwe could bow to the pilots demands
and added that they had essentially fired themselves by not agreeing to
return to the posts before the deadline. He has described the walkout as
illegal. But the board has now scheduled an emergency meeting for Tuesday to
see if they can find a solution to the crisis.

Thousands of air travellers are already facing lengthy delays and
cancellations after the national carrier was forced to cancel all its
international flights. The standoff between the pilots and management is
costing the airline about $500 000 a day.

Domestic flights are being serviced by other new airlines in the country
while passengers flying to regional routes have been transferred to other
airlines.

The airline is in the process of trying to lease a much bigger aircraft to
operate its most lucrative Harare-London route in an effort to minimise
disruptions for the travellers. But scores of passengers were by last night
still stranded at Gatwick airport in the UK.

 


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Zim Women Sue Ministers Over Deplorable Prisons

http://news.radiovop.com

13/09/2010 14:59:00

Women of Zimbabwe Arise (WOZA), have written to co-home affairs ministers
informing them of the intention to sue them for the inhumane conditions its
members went through while in detention at the Harare central police station
prison cells.

A letter of notice of intention to sue Kembo Mohadi and Theresa Makone has
already been sent by Woza lawyers.

Jenniffer Williams, Magodonga Mahlangu, Clara Manjengwa and Sellina Madukani
represented by Belinda Chinowawa  wants to petition the
Supreme Court to declare the conditions at central police cells a violation
of section 15 of the Constitution.

The letter, dated 25 August 2010 was sent to Mohadi, Makone and Police
Commissioner General Augustine Chihuri.

The lawyers said in the letter Woza members held a demonstration in April
this year protesting against poor service delivery by the
Zimbabwe Electricity Supply Authority (ZESA).

The demonstration was quelled by the police and 71 women activists were
arrested and taken to Harare Central Police Station.

"On the 15th of April 2010, WOZA conducted a demonstration against appalling
service provision from the Zimbabwe Electricity Supply
Authority (ZESA), which commenced around noon of that day in Harare," the
lawyers said in the letter.

"Approximately, half an hour later, a vehicle from the Zimbabwe Republic
Police (ZRP) Riot Squad arrived, and when armed police
alighted, some of the protesters fled, while others remained resolute, and
did not flee."

 "Our clients inform us that they were then forced to remove their shoes and
all under-garments including brassieres and under-pants
until they each had a single top and bottom. It was clear from the
circumstances and demeanour of the police details that this was a
peremptory order, which all detainees were subjected to, in terms of the
practice and rules at the Harare Central Holding Cells."

 The lawyers said those arrested and thrown into the cells were chocked by
the smell of human excreta and flowing urine of varying
colours.

"Even the beds were covered with human excreta, so they sat and spent the
night huddled in the corridors of the cells, as they could not sit
inside the cells due to the faeces. However, even the corridor itself had
flowing urine and they had to use their own tissues, to clean up
the area where they planned to sit on."

"When they wanted to use the toilet, they discovered that it was inside the
cells, and they had to wade through a small pool of urine
to get there. The toilets had no running water and were already full to
overflowing with human excreta," said the lawyers.

The claim that police denied them access to the toilets with their own
tissue paper and categorically stated that they would have to use
their bare hands.

They said the situation was "extremely humiliating, more so because
Magodonga Mahlangu, had a running stomach and had to use the toilet
frequently.  There was neither a hand basin nor soap in the cell in the cell
so they could not wash their hands after using the toilet."

"During the night they requested some blankets for warmth, and were given
blankets which had clearly been dipped in and were reeking of
urine. They gave them 3 blankets, despite the fact we there was now a total
of 16 detainees, as there were more people that had been
arrested for varying offences, unrelated to the demonstration."

"Due to the strong stench, they could not cover themselves with the
blankets, and just put the blankets on the cement floor so as to make
their situation a little more comfortable. They spent a total of 4 nights in
this insalubrious environment, and complaints to the police
fell on deaf ears.
 


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College heads jail threat over fees expulsions

http://www.newzimbabwe.com

13/09/2010 00:00:00
by Staff Reporter

THE government has threatened to JAIL college and university principals who
expel or prevent students from taking exams for failing to pay fees.

Tertiary Education Minister Stan Mudenge claimed the colleges and
universities would be "violating the law" if they took the actions to force
fees payment.

"Principals and Vice Chancellors must realise that they are violating the
law and they will be thrown into jail or fired," the minister told a
graduation ceremony at the Harare Polytechnic last Friday. "I invite
students or parents of students who claim to have suffered as a result of
the universities expelling them to come forward with the evidence.

"It is government policy that no student will be expelled from college or
prevented from writing exams for non-payment of fees."

Mudenge says he is yet to come across any university or college student
expelled over fees, or prevented from writing exams. Media reports claiming
students were barred from campuses over fees were "based on a farrago of
confusion which has created a phantasmagoria of conflicting images of
dreamland on the mind of the public," he said.
"Such a claim is playing fandango dance with the facts," the minister added
in pointed comments aimed at the media.


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Chiyangwa, Kingdom deal questioned

http://www.dailynews.co.zw

By Guthrie Munyuki
Monday, 13 September 2010 17:43

HARARE - Nigel Chanakira is far from regaining control of Kingdom Financial
Holdings Limited (KFHL), as the consortium which purportedly sold its shares
to the young banker is meeting now to invalidate the deal it claims was done
"irregularly and illegally".

Sources said the meeting has been called by Loackape Investments
shareholders who allege they were not "consulted" by fellow-shareholder
Phillip Chiyangwa, who claimed at the weekend that they had sold their 10
percent stake in KFHL to Chanakira.

"Chanakira is now the owner of the bank," Chiyangwa said at the weekend. "A
fortnight ago we structured a deal and the structure is self-financing. I
was involved and we gave him our stake. He got 43 percent from Moxon, 10
percent from Loackape, and added to his existing six percent stake, this
makes it a 59 percent shareholding.

"It's a humane and Godly settlement, which all the parties agreed to. I can
confirm that this is a shareholders' agreement. It's no longer an issue that
will be brought before the Meikles EGM," he said.

However, it has emerged that Chiyangwa "did not consult" his colleagues, who
have called an emergency meeting to review his involvement and the deal to
allow Chanakira to wrest control of KFHL.

The Daily News can reveal that other Loackape shareholders - Temba Mliswa,
Langton Nyatsambo, Chipo Mutasa and Rugare Chidembo - are meeting now
together with Chiyangwa to review the KFHL deal... More to follow


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Vice President Mujuru Sucked In Mliswa Saga

http://news.radiovop.com

13/09/2010 17:46:00

HARARE - Vice President Joice Mujuru has been sucked into the Temba Mliswa
saga and was named in court as one of the politicians behind the
controversial businessman's arrest.

Affidavits produced in a Karoi court last week where Mliswa is being tried
for assaulting his farm workers and pointing a gun at the other show that,
one of the accused Roy Mthombeni had been promised huge sums of money by
former Hurungwe East Member of Parliament Reuben Marumahoko to implicate
Mliswa.

"The people who had stolen from Spring Farm (owned by Mliswa) were assaulted
by guards and not Mliswa but Cde Marumahoko forced me to change the
statement to say it was Mliswa who assaulted us and pointed a gun at me. It's
all lies.

"Cde Marumahoko wanted to use me to make sure I helped send Mliswa to
prison. He came and took me from the farm and poisoned me with information
that Mliswa was a dangerous guy to Zimbabwe as a whole.

"He took me to Harare to meet vice-president Mujuru so that she could
emphasise the point that Mliswa was supposed to be punished. But we could
not find her and we went to look for the police commissioner general,
Augustine Chihuri but again we failed to locate him.

"In the end we had to go to Harare Central where I was made to make a report
against Mliswa. Throughout I thought it was not proper to pin down someone
for crimes he did not commit and that is why I am telling the truth to the
court now," said Mthombeni.

Mliswa's family members said Mujuru could have been involved as Mliswa is
widely believed to belong to the Emmerson Mnangangwa faction which is
involved in bitter struggle to take over from President Robert Mugabe.

Marumahoko, who is said to belong to the Mujuru faction, is battling to fend
off Mliswa's inroads in the Hurungwe East constituency as the former fitness
trainer has been campaigning to take over the constituency in the next
elections.

Mliswa was arrested several times two months ago after attacking police
commissioner Augustine Chihuri whom he described as the most corrupt
individual in the country.
 


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Retailers Cash in on Coin Woes

http://www.herald.co.zw/

Fortious Nhambura

13 September 2010

Harare - Zimbabweans are feeling in more ways than one the effects of a heat
wave in Russia that has seen Moscow banning wheat exports.

The Baker's Association Zimbabwe's decision two weeks ago to increase the
price of bread to US$1,10 means more than just paying the stated sum for a
loaf.

It means that they have to spend at least US$2 to get the loaf. With
retailers always saying they do not have coinage to give change, shoppers
are often forced to buy other items that they usually do not want or need so
that their bill reaches a round figure.

While some shops offer credit notes which shoppers can use on their next
visit to the retailer, others do not have such facilities. When bread cost
between 80 and 90 US cents, this meant spending an extra 20 cents at most.
But for a person who wants to buy a loaf of bread with US$2 right now, it
means spending an extra 80 USc.

It is not only bread that causes this problem as many small consumer goods
often leave shoppers with coined change that the shops simply do not give
out.

Shoppers, naturally, believe that this is a ploy to get them to buy more
than they need or, indeed, can afford.

Even where credit notes and vouchers are available, it means shoppers are
restricted to doing their next bit of purchasing at that same retail outlet
because these pieces of paper are not legal tender anywhere else.

The shops appear to be capitalising on this to move low-priced non-basic
goods such as sweets, jam sachets and biscuits as alternatives to change.

The capitalisation has become so brazen that a half-dozen of eggs is now
conveniently priced at 89 US cents, meaning a loaf and the eggs fit
perfectly inside US$2.

But who wants to buy a half-dozen of eggs for every loaf of bread purchased?
An average family requiring two loaves of bread a day is forced to part ways
with an unbudgeted 80 USc daily if they do not have coins.

"It is not manageable to spend US$3 just to get two loaves of bread. "These
shops are taking advantage of us and making us buy things like sweets that
they know we do not have the luxury to buy daily," said an irate customer as
she walked out of a supermarket in Harare's CBD last Wednesday.

Banks have said they have South African coins in stock that retailers and
service providers can get at the prevailing exchange rates. However, the
shops have turned down this facility because they say they cannot cope with
the exchange rates.

After being forced to buy biscuits to round off her change on Wednesday, Mrs
Prisca Mutembwa of Glen Lorne fumed: "This cannot be allowed to continue.
"Government should rein in these profiteers otherwise we will all soon be
bankrupted by sweets and biscuits."

To deal with the problem, Mr Smart Chirapu of Glen View said he now buys in
bulk as and when he can or needs to. "I just have to buy five loaves and put
them in the fridge for the whole week to avoid being ripped off. "The shops
say the prices are not set to fix customers but are related to normal
costing structures applying to any business anywhere in the world.

Consumer Council of Zimbabwe executive director Mrs Rosemary Siyachitema
last Thursday slammed the state of affairs. "The last time we heard there
was a disagreement over the exchange rate between banks and supermarkets.
They could not agree on the rand equivalent of the US dollar. Shops were
demanding a rate of US$1 to R10, but banks spurned the suggestion.

"Unfortunately there is no referee; a role that used to be played by the
Reserve Bank of Zimbabwe. Resultantly, consumers suffer and are forced to
buy sweets or take credit vouchers. "Some key supermarkets are now giving
change and those not are being lazy and simply not taking the initiative,"
she said.

Chairperson of the Zimbabwe Retailers Association Mr Denford Mberi said the
acquisition of coins would increase costs of running business hence the
reluctance to take the banks' offer. "Free exchange of coins with equivalent
notes will make coins easily available in retail outlets," he said.


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Irrigation Transforms Lives in Southern Zimbabwe

http://www.ipsnews.net

Busani Bafana

GWANDA, Zimbabwe, Sep 13 (IPS) - More than a million people will need food
aid in Zimbabwe this year. As the government looks to boost agriculture
production, one rural community is leading the way by using irrigation
schemes to improve food security and income.

Tabiso Dube and her neighbours in Patana village grow food year round thanks
to an irrigation scheme.

Her home in Matabeleland South's Gwanda district is among the least food and
water secure areas in the country. Given the arid climate, most people here
rely primarily on livestock for their livelihoods. The few who dare focus on
growing maize or wheat are extremely vulnerable to erratic rainfall.

But cattle farming has been hit hard by years of drought-induced losses;
many have been forced to slaughter animals for lack of grazing.

"Matabeleland is cattle country and it was a challenge to get many
communities to buy into irrigation farming as a means of livelihood,"
Velenjani Nkomo told IPS. "We have persisted and after 10 years, villagers
are growing vegetables, wheat and green maize, earning income and having
enough to eat."

Nkomo is director of Pro Africa - a development organisation working to use
water as a pathway out of poverty. Over the past 10 years the NGO has
invested $1 million in building 48 gravity-fed irrigation schemes around 52
government-built dams in Matabeleland South, characterised by low annual
rainfall, droughts and food scarcity.

The irrigation schemes have been built with funding from international
donors, while local communities have provided labour and collected stones
and the sand used in the construction of canals. Communities are responsible
to maintain the infrastructure once it's constructed, usually with money
they earn from the increased produce or have collected.

Dube, a smallholder farmer who still keeps a few goats, relied on food aid
for the last four years like many others in this water-stressed region of
Zimbabwe. Since Pro Africa built an irrigation scheme, Dube has not only
been able to feed her family, she has enough to give to extended family
members and needy neighbours.

"I do not worry about school fees anymore as our project has ensured I have
enough food for my children and extra cash for fees and for developing my
home," said Dube, a mother of four.

The Madema irrigation scheme covers 8.8 hectares. Its 57 members are those
who responded when Pro Africa convened community meetings to introduce the
concept of irrigation in the area. The gravity-fed irrigation scheme has
helped Dube and her neighbours add an assortment of vegetables to their main
crops of wheat and maize, ensuring a more diverse diet and extra cash with
the sale of excess produce.

The dam that feeds Madema was built in response to the devastating drought
in 1992. The government responded by building 52 small dams in the two
Matabeleland provinces in collaboration with a consoritum of NGOs. The
earthen dams - many have since been reinforced with stone - however lacked
any additional infrastructure until Pro Africa stepped in to fill the gap.

"My wish is that we can double the size of the project to 16 hectares so
that we have more land to grow fruits and earn more money."

Members are planning to stock the dam with fish and expand into cattle
fattening to further widen their income base.

While members would not give exact earning from produce sales on a monthly
basis, they are earning enough to be confident they can maintain their dam
and irrigation canals. The scheme's members will soon spend the equivalent
of $640 to repair a leak in the dam wall following heavy rains last season.

While the schemes have enabled individual communities to become food
sufficient, access to wider markets - which would extend the benefits more
widely - remains a challenge. Most of the produce from the current total of
200 hectares under irrigation in Matabeleland South province is sold in the
immediate area: to neighbours, nearby schools and government institutions.

Zimbabwe's second largest city, Bulawayo, is a beckoning market. But given
poor roads, lack of refrigeration and high fuel costs, transporting
perishable produce 250 kilometres is a logistical nightmare. Ironically,
most of Bulawayo's fresh produce travels as much as 700 kilometres over much
better roads from farms in South Africa.

Zimbabwe is turning to range of measures in search of long-term solutions to
food security and poverty reduction. Improving farmers' access to markets,
subsidised seeds and fertiliser and extending irrigation to reduce
dependence on rainfall each have their part to play.

(END/2010)


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Zimfest 2010 Successful in difficult circumstances

http://www.thezimbabwean.co.uk

Written by The Zimbabwean
Monday, 13 September 2010 18:07

It's been 10 years since the first Zimfest was held in London an event that
has grown from attracting the attention of a few hundred Zimbabweans to
literally grabbing the attention of thousands around the world. On September
3rd 2010 the event was held for the 10th consecutive year and although it
was not delivered to the scale that the organisers intended it is record
which few Zimbabwean events of this nature can boast

Very early in the year it had become clear that there were problems.
Initially there were delays in announcing the venue, followed by similar
delays in announcing ticket sales. It eventually surfaced that the
organisers had been having difficulty securing an open air venue in London
forcing them to eventually run a limited event including a Networking event
dubbed Zimfest Connected and a concert Zimbabwe Rocks.

"The team fought really hard to try to deliver the traditional outdoor
Saturday event" said Mike Tashaya one of the organisers of Zimfest. "It was
a tough decision to make Zimfest without braais, or born frees rambling
around barefoot on a grass field, without the opportunity to bring the whole
family along is not what we have all come to expect. An avid supporter and
friend accused us of cancelling Christmas - no one wants to be accused of
that!"

So what actually happened? According to the organisers the venue that had
hosted the event for the past few years had become unsustainable due to
escalating costs and amongst other issues. Eventually the decision was taken
to move and after a long struggle to find a suitable venue it became clear
that with the time constraints it would be impossible to deliver an event up
to the standards people had become used to. The decision was taken to
deliver a quality event next year rather than a rushed and inevitably
mediocre one this year.

"That left us with two events that we had never done before, limited time
and a public that was not as enthusiastic as they usually are about Zimfest,
where we would have liked to be!"  Said Tashaya said adding "Our supporting
events had become the main event; the brides-maids had become the bride

As it turned out the "brides-maids" while not replacing the bride were
decent affairs; Zimfest Connected a networking event carrying the theme
"Connecting Zimbabwe to the world" brought together and interesting
collection of people at the Pacific Oriental restaurant in central London.

The event was opened by hosts WEZIMBABWE with Trustee Hilton Mendelsohn who
emphasised that this event was meant to compliment the traditional event and
to provide the opportunity for the community abroad could and should do more
for Zimbabwe. Econet UK CEO Marco Signorini who spoke about the expansion of
the Zimbabwean telecoms giant into the UK and the services they would be
making available highlighting in the process the company's role in the
community and with orphans in Zimbabwe. Other speakers included Cricketer
Henry Olonga, Olympic Athlete Brian Dzingai, Zimbabwe based businessman
Simon Kags and Dr Knox Chitiyo who covered the work of the Britain Zimbabwe
Society in keeping Britain and Zimbabwe connected.

Zimfest Connected was later followed by a well attended Zimfest: Zimbabwe
Rocks! The first ever dedicated concert showcasing contemporary Zimbabwean
music as part of Zimfest. Headliner Tinashe who put on an accomplished
display as did Zimfest stalwarts Mann Friday who had travelled from Cape
Town, Chiwoniso, Jusa Dementor, Bkay and Kazz, Kamikaze Test Pilots,
newcomers Cassetti and Mashasha and Sam who delighted with an afrobeat set
that at some points sounded like a four or five peace band than a duo.
Despite the success of the 2 events those that attended still expressed
disappointment that they could not have made a weekend of it with the
outdoor Saturday. This was acknowledged by the organisers who promised pull
out all the stops in ensuring that the outdoor leg is back on the agenda
next year and that the event will continue to grow and provide a platform to
showcase the best of Zimbabwe around the world.


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FEATURE: SA’s immigrant housemaids -- a desperate tribe

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

by Juma Donke Monday 13 September 2010

CAPE Town -- Since arriving in Cape Town five years ago, Erina Manyene (not
her real name) has survived by doing laundry and cleaning other people’s
homes in the leafy Southern Suburbs.

Erina (28) left her young son, then only seven months old, in the care of
her common law husband in her native Zimbabwe, forded the crocodile-infested
Limpopo River and crawled under thick layers of barbed wire to enter South
Africa at an authorised crossing point.

“There has been a reversal of roles since the Zimbabwean crisis started.
Because the type of work available in foreign countries is more suited to
women, husbands are remaining behind to take care of the children while we
venture out,” she said in an interview.

International aid agencies believe that between 1, 2 and three million
Zimbabweans have fled the country in the last decade to escape political
repression and spreading poverty.

Many of the reluctant migrants are highly trained professionals – teachers,
lawyers, journalists, engineers, doctors and nurses – who are forced to
downsize their trades in their adopted countries to cobble together a frugal
life on the fringes of the main economy.

For most women, informal trading, waiting on tables, commercial sex work and
domestic work offer an escape route out of a life of penury.

The Zimbabwean women beef up an expanding legion of domestic workers from
the economic backwaters of Lesotho, Swaziland, Malawi and Mozambique spread
across South Africa, the industrial leader of the Southern African
Development Community (SADC).

Desperate people

The country’s sturdy manufacturing base and relatively high wages act as a
magnet to millions of unemployed people in the region, those fleeing war,
and the after-effects of ill-conceived economic austerity measures.

Traditionally, domestic work provides an entry point into the South African
job market for new arrivals and is a crucial area of employment for both
in-country and transnational female migrant workers.

Statistics South Africa indicates that 42 per cent of black women from the
SADC region who lived in the Johannesburg area in 2001 worked in private
households, although they represented only 4.9 per cent of women working in
this atypical sector in the precinct.

Findings of an ongoing study being conducted by the Domestic Workers
Research Project (DWRP) at the University of the Western Cape confirm that
migrant domestic workers still suffer arduous working conditions for low
wages and are often sequestered behind their employers’ high walls, cut off
from family and friends for inordinately long periods.

While some of their South African counterparts have made notable headway
towards claiming labour rights such as minimum conditions of employment,
minimum wages and leave pay, most migrant domestic workers are denied access
to trade unions and are resigned to their situation.

“You see here in South Africa, most of the people they under rate us, mostly
they isolate us; in our workplace most of the people they want to pay us low
money. Maybe they will say R50 a day, because they know us Zimbabweans we
are stranded and desperate people, and we do not have money.

“In our country we are suffering and because I have nowhere to go in South
Africa, we end up agreeing that money. And that’s the problem that we are
facing here: we want sometimes to send food back to our children back home
but we can’t afford to do that because of the money they are giving us,”
said a migrant domestic worker at a recent DWRP workshop in Cape Town.

Formidable obstacles

Coupled with isolation, low levels of education, exploitative wages and a
largely inflexible immigration law regime limit migrant domestic workers’
access to health services, raising the spectre of accelerating HIV
infections among “illegal foreigners”.

“Isolation in our country is still a main problem where we [domestic
workers] are isolated from families. The regulations that they lay down for
you is not to bring anyone on the premises. I felt sometimes like I was in a
prison cell,” said Hester Stephens, president of the South African Domestic
Workers and Allied Workers Union (SADSAWU).

While on the face of it isolation should help curb HIV infections, trends in
China and India among the burgeoning in-country migrant population paint a
different picture. In the Philippines, migrant workers – most of them
domestic workers - account for 28 per cent of the total number of reported
HIV/AIDS cases even though they constitute only 10 per cent of the
population.

At the same time, flows of migrant remittances from developing countries
have shored up ailing economies in their home countries.

The International Labour Organisation (ILO) says remittances rose from US$60
billion worldwide in 1990 to US$328 billion in 2008. In 22 countries
remittances equalled more than 10 per cent of gross domestic product (GDP)
in 2006, while in six countries they amounted to more than 20 per cent.

Still, the regulatory framework applicable to the migration of workers from
other African countries to South Africa presents formidable obstacles to the
implementation of policies upholding the fundamental rights and dignity of
those workers.

Post-apartheid policy

Post-apartheid immigration policy has mostly been exclusionary, based on a
strongly protectionist and territorial vision. The government’s
determination to keep out migrant workers and immigrants is reflected in the
Aliens Control Act of 1991, which was conceived and constructed during the
unstable cross-over period from apartheid to democracy.

Sally Peberdy, a professor of geography at the University of the Western
Cape argues that “the ways that the new state used and amended the 1991 Act
and its replacement, the Immigration Act of 2002 (as amended in 2004),
indicate its commitment to the exclusionary principles on which South
African immigration legislation has always rested.

“However, there was a shift in approach in the early 2000s to make policy
more responsive to ‘South Africa’s skills and investment needs’ and to
engage with xenophobia. … [But the] thrust of policy remains largely
exclusionary. African immigrants and migrants, documented and undocumented,
seem to have been the most affected.”

The preamble to the Immigration Act confirms that it was framed to ensure
that “the South African economy may have access to the full measure of
needed contributions by foreigners”, but immediately adds that “the
contribution of foreigners [must] not adversely impact on existing labour
standards and the rights and expectations of South African workers”.

Furthermore, “foreigners” may only be issued with a quota work permit if
they fall within a specific professional category, a general work permit and
an exceptional skills permit if their skills are deemed beneficial to South
African development.

Anti-migrant tendencies

Evidently, domestic workers are not eligible for the various categories of
work permits and would struggle to obtain permanent residence status, which
is earned after more than five years of continuous legal residency in South
Africa.

In practice, the only basis on which non-South Africans who do not possess
the requisite “qualifications or skills and experience” can obtain the right
to work in this country is if they qualify for refugee status “owing to a
well-founded fear of being persecuted by reason of ... race, tribe,
religion, nationality, political opinion or membership of a particular
social group”.

Crucially, they must also succeed in obtaining asylum in terms of the
Refugees Act, as any non-South African who is employed without possessing
these qualifications is an “illegal foreigner”, and faces deportation.
Acquiring a refugee permit is, however, a daunting task for most potential
refugees.

“When you go to Home Affairs it is very difficult to get that paper,” said a
migrant domestic worker.” We just go there and there’ll be a queue, they
will just be pushing and pushing. I think the minister was there at one
stage and she saw for herself what is happening there…if you don’t have that
asylum document, employers manipulate us because of that, they know we don’t
have any papers here, so they can give you any amount they want.”

Yet these hurdles have failed to dissuade migrants from countries which
share traditional and cultural ties; and borders with South Africa from
streaming into the country to seek work.

Despite this cultural nexus, migrants run the risk of encountering
xenophobic resistance both at work and in the community. They suffer
silently for fear of approaching law enforcement agencies because
anti-migrant tendencies run deep within the police force and in government
departments.

Cold comfort

In 2008, South Africa was shocked by the violence that swept the country
when locals attacked black people from other African countries. The
“makwerekwere”, the attackers alleged, were “stealing” locals’ jobs, women,
houses and were a drain on scarce resources.

Analysts attributed the violence to a number of factors ranging from a
“third force”, an influx of “illegal immigrants”, poor border controls,
changes in the national political leadership, rising food and commodity
prices and poor service delivery.

But the main factor appeared to be local leadership either encouraging
xenophobia or failing to prevent it.

Following a fresh episode of xenophobic violence in October 2009 - when an
estimated 2 000 Zimbabwean migrant farm workers were forced out of their
shacks at De Doorns by bands of locals - an African National Congress (ANC)
councillor for the area was fingered for fanning the attacks.

Isolated incidents of violence against black Africans have been reported
countrywide since the end of the football World Cup in July. The government
has vehemently refused to acknowledge that the violence was inspired by
xenophobia, arguing instead that it was the handiwork of common criminals.

This is cold comfort though for migrants like Grace Matenhese who was chased
out of her corrugated iron and board shack along with her infant child in
the dead of night at De Doorns. “Being a single mother in a foreign country
is not easy at the best of times, but it is even harder now that we have
been deprived of our livelihood.”

Like the majority of aspiring African migrants seeking low-skilled work,
Matenhese failed at the first hurdle in her attempts to acquire a work
permit. Consequently, she lives under the perpetual threat of deportation,
violence and exploitation because of her status as an “illegal foreigner”.

The writer is a researcher in the Social Law Project, Faculty of Law, at the
University of the Western Cape.


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Bill Watch 36/2010 - 12th September [Update on Legal Issues]

BILL WATCH 36/2010

[12th September 2010]

Update on Legal Issues

In Court This Week

Monday 13th September: High Court, Harare, 10 am.  Start of the first of the civil trials in which the 2008 abductees claim damages for torture, unlawful arrest, detention etc.  [See further below.]

New Cases of Public Interest

Prosecutions over Gukurahundi Murals at Bulawayo Art Gallery

Last month’s gazetting of the Board of Censors’ banning of artist Owen Maseko’s “Gukurahundi murals” at the Bulawayo Art Gallery has coincided with the revival of prosecutions against Owen Maseko and the acting director of the gallery.  Mr Maseko is now to be charged, not just under the Censorship and Entertainments Control Act, but with the more serious offence of publishing false information likely to spark public disorder or public violence contrary to section 31 of the Criminal Law Code – for which the penalty is an unlimited fine or up to 20 years’ imprisonment.  This prosecution is likely to prompt a constitutional case challenging official restrictions on freedom of expression.

WOZA to Sue over Inhuman and Degrading Conditions in Police Cells

70 members of Women of Zimbabwe Arise [WOZA] have formally notified the co-Ministers of Home Affairs [Kembo Mohadi of ZANU-PF and Theresa Makone of MDC-T] that they intend to bring a constitutional case in the Supreme Court over the conditions under which they were detained in police cells at Harare Central Police Station for four nights in April.  Their detention followed their arrest for demonstrating against poor service delivery by national electricity supplier ZESA.  The allegation is that the filthy and unsanitary conditions of the cells, lack of running water, denial of palatable food, etc., constituted inhuman and degrading treatment in contravention of section 15 of the Constitution. 

High Court Challenge to Legality of “Extra” Ministers

In an interesting if belated development, concerned citizens have asked the High Court to annul the appointments of 8 of the Inclusive Government ministers.  They argue that as the GPA Article 20, incorporated into the Constitution by Constitution Amendment No. 19, limits the number of Ministers to 31 [ZANU-PF 15, MDC-T 13, MDC-M 3], the President acted unlawfully in appointing 41 Ministers.  The “unlawful” Ministers are identified as those who signed oaths of loyalty and office after their party quotas under the Constitution had been filled by those who signed the oaths prior to them.  The Ministers concerned are: Savior Kasukuwere, Joseph Made, Walter Mzembi, Flora Bhuka, Sylvester Nguni [ZANU-PF], Henry Madzorera, Giles Mutsekwa and Sekai Holland [MDC-T].  [Note: John Nkomo was also sworn in late but is no longer a Minister.]  The implications of the case are wide-ranging – among other things the applicants claim that all executive acts by the Ministers concerned are null and void, including the making of regulations – such as the Indigenisation Regulations, made by Mr Kasukuwere.  The Government has lodged notice of opposition.  No date has yet been fixed for the hearing of the case.

Constitutional Cases in Supreme Court

Judgments Awaited

Jestina Mukoko case: It is now nearly a year since the Supreme Court granted Jestina Mukoko’s application for a permanent stay of prosecution on the ground that her constitutional rights had been seriously infringed.  The court issued a brief order to that effect and said that its full judgment would be handed down later.  A delay of this length for an important Supreme Court judgment is regrettable.

Press Freedom Case: This is the case heard in June, in which Zimbabwe Independent journalists Vincent Kahiya and Constantine Chimakure challenged the constitutionality of section 31 of the Criminal Law Code under which they were facing charges for publishing false information.

WOZA Freedom of Assembly Case: In this case heard last year, Women of Zimbabwe Arise [WOZA] leaders Williams and Mahlangu challenged the constitutionality of section 41 of the Criminal Law Code under which they were charged following a procession broken up by police.

Roy Bennett case: The Chief Justice’s decision is still awaited on the State’s application for leave to appeal against Mr Bennett’s acquittal by the High Court in May this year; the Chief Justice heard the case on 28th July. 

Former Attorney-General’s Case:  On 6th September the Supreme Court heard an appeal by former Attorney-General Gula-Ndebele [he was removed from office by the President on the recommendation of a special tribunal headed by Justice Bhunu].  The appeal was against a January High Court decision that dismissed his application to set aside the tribunal’s recommendation on the grounds that it was grossly unreasonable and prompted by bias and improper motives.  The Supreme Court’s decision is pending.

New Case on School’s Dreadlocks Ban

Due for hearing in the Supreme Court on Thursday 16th September is a constitutional case a father has brought against a school over its objections to his children's dreadlocks.  The case raises the Declaration of Rights’ protection of freedom of religion and of expression.

High Court Cases of Interest

Chiadzwa Diamonds Case: High Court Nullifies Earlier Judgment

Justice Hungwe has set aside his own September 2009 judgment which declared African Consolidated Resources [ACR] to be the lawful holders of mining claims in the Chiadzwa diamond field.  On Monday 6th September, ACR’s lawyers and the government’s lawyers [the government had asked for the reversal of the pro-ACR judgment] were told Justice Hungwe had his judgment ready and would hand it down at 10 am.  Lawyers and interested members of the public then spent the day waiting for the judge.  It was only after State press representatives arrived at about 3.30 pm that the judge appeared and read out his judgment.  He rejected an ACR objection that the Government side should be denied a hearing because it had come to court with “dirty hands”, having illegally defied the Chief Justice’s January 2010 order for all mining activity on the disputed claims to cease pending a further Supreme Court ruling.  The judge also ruled that ACR had obtained judgment in its favour by misleading the court over the legal status of the subsidiary companies at the time the claims were registered.  ACR deny this and have said they will note an appeal to the Supreme Court.  They need Justice Hungwe’s written judgment for their appeal, but it has not been forthcoming.

Torture Compensation Claim Trial in High Court on 13th September

On Monday 13th September Judge-President Chiweshe will start hearing the first of many civil cases against the State and individual security force officers brought by the abductees of late 2008.  The case was meant to start on 30th August but did not take off then because the defendants’ lawyer was unable to attend.  A stand-in lawyer for the defendants applied for an indefinite postponement so that all the cases [there are 17 in all, including one brought by Jestina Mukoko] could be heard together later.  Judge-President Chiweshe granted a two-week postponement and rejected the application for the trials to be joined. 

About the case:  Plaintiff Mapfumo Garutsa was abducted at the end of November 2008 and was among those listed as “disappeared”; he was held secretly for a month by State agents before being brought to court for the first time on 29th December as one of the so-called “bomber group”.  He claims $190 000 for unlawful arrest and detention and malicious prosecution and for his treatment at the hands of State agents during his detention, citing torture, inhuman and degrading treatment, denial of medical treatment and denial of access to his lawyer.  There are 14 defendants, comprising 7 Ministers and security force commanders, in their official capacities, and 7 named police, CID and CIO officers, cited in their personal capacities. Judge-President Chiweshe has been a High Court judge since 2001 but has only recently returned to the bench after serving for five years as chairman of the Zimbabwe Electoral Commission.  He was appointed Judge-President in May.

Acquittal of Human Rights Lawyer Muchadehama Challenged by State

Nine months after Alec Muchadehama’s acquittal on a contempt of court charge the State has applied to the High Court for leave to appeal against the acquittal.  The case has been assigned to Justice Patel but as yet no date has been fixed for a hearing.  Zimbabwe Lawyers for Human Rights have issued a strong statement condemning the State’s application as frivolous and unprocedural and pointing to its potential to inconvenience Mr Muchadehama at a time when he is engaged in major litigation against government Ministers and State officials [he is plaintiff Mapfumo Garutsa’s lawyer in the torture claim case and acts for the plaintiffs in most of the other torture cases].

Legal News from the Recent AU Summit

Decisions taken at the AU Summit in Kampala, Uganda, in July included the following:

·       criticism of the UN Security Council for not having deferred the International Criminal Court [ICC] proceedings against Sudanese President el Bashir as requested by the AU

·       condemnation of “blatant abuse” of the Principle of Universal Jurisdiction by non-African states [Note: the principle of universal jurisdiction is the principle of international law under which states claim criminal jurisdiction over persons whose alleged crimes were committed outside the boundaries of the prosecuting state, regardless of the accused person’s nationality, country of residence or other link with the prosecuting country.  It is typically applied to serious crimes such as genocide, crimes against humanity, torture, etc. on the basis that they are crimes against all mankind.]

·       the election of five new judges of the African Court for Human and People’s Rights, from Algeria, Tanzania, Malawi, Nigeria and Cote d’Ivoire

·       the election of six new members of the African Committee of Experts on the Rights and Welfare of the Child, one of them Zimbabwean High Court Judge Alfas Chitakunye

·       endorsement of an initiative to create an African Framework for Constitutional Justice

Comment: although the AU Protocol on Peace and Security mandates it to cooperate and work closely with relevant UN Agencies in the promotion of peace, security and stability in Africa, the first two items above show significant African opposition to international judicial institutions and their effect on “national sovereignty”.  This is also reflected by the current review of the role, functions and mandate of the SADC Tribunal

SADC Tribunal Under Review

In response to Zimbabwe’s outright rejection of the legality of the establishment of the SADC Tribunal and of the Tribunal’s decisions in the land acquisition cases brought by dispossessed commercial farmers, the August SADC Summit in Windhoek decided that “a review of the role, functions and terms of reference of the SADC Tribunal should be undertaken and concluded within 6 months”.  The review is being undertaken by the member States’ Ministers of Justice and Attorneys-General.  The six months will be up on 17th February 2011.   This means that at least for the time being there will be no action taken by SADC on the Tribunal’s third contempt ruling against Zimbabwe.  This ruling was handed down on 16th July, when the Tribunal decided that it would again report to the SADC Summit that Zimbabwe has failed to comply with the Tribunal's substantive rulings in the land acquisition cases.  Factors cited by the Tribunal included continued harassment and evictions of farmers after its second contempt ruling; a letter to the Tribunal from Justice Minister Chinamasa rejecting the Tribunal and its decisions; and the Zimbabwe High Court decision in the Gramara case.  [Electronic version of Tribunal’s ruling of 16th July available on request.] 

 

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