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The beaten dare to hope for change as cautious optimism returns to Zimbabwe


Chris McGreal in Epworth, Harare
The Guardian,
Saturday September 20 2008

The mother of three, who gives her name just as Beatrice, still doesn't know
who raped her all those months ago. They were three men with beer on their
breath, iron bars in their hands and Robert Mugabe on their T-shirts.

But she has known all along who she holds responsible even though there was
nothing she could do about it. Until now. "They told me they raped me
because this is war and I was the enemy. I was just a woman who wanted to
vote. There is a Zanu-PF bigwig here in Epworth. I was raped by the militia
at his house. There were other women and men they were beating. They were
terrorising us because we were against Mugabe," she said. "They did this to
us because they thought we couldn't touch them. Now we will touch them.
Things have changed in Zimbabwe. They will arrest that bigwig before too
long because of what he did to me."

It will take some time yet to address past wrongs, but a mix of relief and
hope - along with a little wishful thinking - swept Zimbabwe this week as
millions of people desperate for respite from hunger, an ever more difficult
struggle to find the money to survive and the state's terror machine watched
Mugabe "humiliated", in his own words, into signing a power-sharing deal
with his arch foe, Morgan Tsvangirai.

People said the deal was far from perfect. Many wanted Mugabe out
altogether. There is still the grappling over who gets what in the cabinet.
But there was also a sense that when Mugabe signed the agreement he was
consigning himself to history.

The new sense of freedom and expectation exerted itself in small but telling
ways. A day after the political agreement a soldier was headed to the front
of the long queue that ran out of a Harare bank of people waiting to
withdraw their daily limit of banknotes worth just 50p. Soldiers and war
veterans always pushed to the head of the line, and no one ever said
anything. But this week voices piped up. "Get to the back," they told the
soldier. And he went.

Others have reported a profound change in the attitude of the police who
have started protecting Tsvangirai's supporters from attack in some areas.
Hope has even infected the black market with the Zimbabwe dollar
strengthening, and falling prices for goods in short supply such as sugar.
Senior civil servants have made it known to Tsvangirai that they await his
ministers with enthusiasm.

The first exercise of this tentative freedom was led by Tsvangirai's
supporters outside the hall where the agreement was signed. Thousands
pitched up in Movement for Democratic Change party T-shirts, giving the
MDC's open-handed salute, in the shadow of the Zanu-PF headquarters yards
from where Mugabe's militia broke up a Tsvangirai rally and beat supporters
in June.

At the signing of the power-sharing deal, the MDC supporters far outnumbered
those there to back Mugabe. Zanu-PF activists looked sullen, as though aware
that somehow they had lost out but were not quite sure how. As the MDC
activists revelled, Mugabe's supporters grew more agitated and the rocks
started flying.

The celebrations in the townships around Harare went on late into the night
on Monday. In Chitungwiza, an opposition stronghold to the south of the
capital, there was excited talk of an end to the misery of hyperinflation -
running above 50m percent - and the prospect of jobs returning along with
western aid.

Others, including thousands of people beaten so badly by Mugabe's militia
and soldiers they were left with permanent injuries and others whose homes
were destroyed during the state-orchestrated terror against opposition
voters, are looking for justice.

Beatrice lives in Epworth, a township near Harare terrorised by the Zanu-PF
militia as a punishment for turfing out the party's local MP in the
parliamentary election and voting overwhelmingly against Mugabe. For weeks,
men armed with knives and sling shots ruled the streets, forcing people to
long political meetings where suspected opposition supporters were beaten
and sometimes murdered. Known MDC activists were abducted and held prisoner
at the house of the Zanu-PF district chairman, Teddy Garakara, where they
were tortured. Some of the women were raped, whipped and urinated on.

Others had their homes razed. Among those targeted was an MDC local
councillor, William Mapfumo. The mob beat his wife, who was pregnant, and
assaulted their four year-old son. Then they destroyed their home.

Zanu-PF's militia bases are gone but it was not until this week that
Epworth's residents dared to hope that the terror is over. Among those they
accuse of coordinating the violence is Amos Midzi, a former cabinet minister
and MP for the area who lost his seat in the March election, and a female
Zanu-PF councillor, Joana Mawira, who was also at the scene of the attacks
on the women.

"We know who all these people are," said Beatrice. " This is not what
Zimbabwe is about. We are not Congo. They must be held to account so that
this never happens to my daughter because she wants to exercise her right to
vote."

It remains to be seen if anyone is held to account for the
state-orchestrated violence, but if they are, some of the witnesses against
them may be the same policemen that Zanu-PF thought were serving its
interests. One policeman from Epworth, who is afraid to give his name, said
all of the regular officers in his station support the opposition. "The
police did not support this violence. We had to do what we were ordered. The
war vets were in charge," he said.

"The other day an officer came to us and told us that now we must treat
everyone the same. No favours. We know who did what. We were there and saw
who was beating and raping. Some of them live here. We have not forgotten."

Mugabe's opponents are not naive about Zanu-PF. They say that despite the
agreement they do not expect tormentors to give up easily. Already
negotiations on dividing up the cabinet posts have run into problems because
Zanu-PF is insisting on retaining control of all the key ministries with
authority over the military, police and finance.

But ordinary Zimbabweans also saw something extraordinary this week; their
ruler of 28 years, who just a few months ago vowed that only God would
remove him from power, was forced into sharing power with a man he despises.

That was a tectonic shift and many Zimbabweans now see Mugabe as fatally
wounded politically. The president only entered into the agreement because
he had no other options. "Mugabe is the past," said Alfred Vava a shop owner
in Epworth. "He is still there but has been forced to recognise Tsvangirai
is the future. These old men who have treated us so badly, they didn't care
about Zimbabweans. But they are finished."


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Zimbabwean accord will be hard to implement but worth the effort - UN envoy

http://www.un.org

19 September 2008 - Haile Menkerios, Assistant Secretary-General for
Political Affairs, briefed Security Council members on the details of the
deal, signed in Harare on Monday, which aims to end the political crisis
that has gripped the Southern African country since the first round of
national elections in March.
"This is a delicate compromise," Mr. Menkerios later told reporters,
stressing that the accord between President Robert Mugabe and opposition
leaders Morgan Tsvangirai and Arthur Mutambara is not designed to
immediately solve all of Zimbabwe's problems.

Zimbabwe's economic recovery will take time, he said, and international
donors must remain engaged to help the country back on its feet, especially
in priority areas such as agriculture, health care, and water and
sanitation.

But the Assistant Secretary-General said he was confident that the main
political forces in Zimbabwe can reach a compromise on the outstanding
issues left remaining after the agreement.

He also said that the deal, even though it will be painful to fully
implement, offers thousands of ordinary Zimbabweans the chance for a much
better life.

Mr. Menkerios served as the UN representative on a reference group backing
the efforts of the Southern African Development Community (SADC) to mediate
between Zimbabwe's political forces, and he attended Monday's signing of the
agreement.


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Zimbabwe Civil Society Groups Take Stock Of Power-Sharing Deal

VOA

By Jonga Kandemiiri & Carole Gombakomba
Washington
19 September 2008

Members of Zimbabwe's National Constitutional Assembly met on Friday in
Harare to review the power-sharing agreement signed by the country's major
parties and concluded that the accord brings little real change to the
political landscape.

The NCA said President Robert Mugabe will exercise considerably more power
in the new government than incoming prime minister Morgan Tsvangirai of the
Movement for Democratic Change, long the opposition party before its
combined formations secured a majority in parliament in general elections in
March of this year.

The NCA also took issue with Article 6 of the accord regarding a new
constitution, saying that the section refers to a draft constitution
compiled in 2007 by ZANU-PF and MDC officials in the town of Kariba, not to
the "people-driven" version the NCA wants.

NCA spokesman Maddock Chivasa told reporter Jonga Kandemiiri of VOA's Studio
7 for Zimbabwe that the organization will keep pressing for a people-driven
constitution.

The 22 member organizations of the Crisis in Zimbabwe Coalition also met on
Friday and agreed a lot remains to be done on the political front despite
the power-sharing accord.

Issues taken up by the group included the new constitution and the role of
parliament.

Crisis in Zimbabwe Coalition Spokesman Macdonald Lewanika told reporter
Carole Gombakomba of VOA's Studio 7 for Zimbabwe that while civil society
was not directly involved in the talks, there is a lot of work to be done
rebuilding democracy.


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NCA vows to oppose any new constitution

http://www.thezimbabwetimes.com/?p=4455#more-4455

September 19, 2008

By Raymond Maingire

HARARE - The National Constitutional Assembly (NCA) says it will oppose
every process by the pending unity government aimed at drafting a new
constitution via what it finds to be a flawed process.

A power sharing agreement reached between Zanu PF and the two MDC parties
early this week binds the new government to 18 months to come up with a new
constitution.

The parties pledge to commence the process within two months of the new
government's inception.

According to Article 6 of the document, Parliament shall coordinate all
stages of the process.

But the NCA, which has been campaigning for a complete overhaul of the
Lancaster House "cease fire" constitution, says it is against the dominance
of politicians in a process it says should generally be driven by ordinary
Zimbabweans led by civic society organisations.

NCA national spokesperson Madock Chivasa told The Zimbabwe Times Friday his
organization will challenge every stage of the process.

"We totally reject that resolution in its totality," he said, "This process
seeks to create a powerful institution to which everyone will continuously
go and report."

Under the agreement, the parties shall set up "a Select Committee of
Parliament composed of representatives of the Parties".

The select committee will in turn set up subcommittees chaired by a member
of parliament and comprising parliamentarians and representatives of civil
society "as may be necessary" to assist the committee in performing its
mandate.

The NCA contends the process, if entrusted to the hands of politicians,
would be open to manipulation.

"The role of Parliament must come when it comes to the enactment of the law
itself when we actually go to the referendum'" he said.

"We will undermine every process that is stipulated in this agreement. At
most we will seek to stop every process that we are not in agreement with by
way of street demonstrations.

"We will not accept even the best product that is reached through a faulty
process."

The NCA favours a process where government would facilitate an
all-stakeholders conference that brings together all interest groups in the
country to discus the terms of reference.

An outreach programme is then launched to get and compile the content.

An all-stakeholders conference is then reconvened to discuss the whole
document after which a referendum is called to decide if it becomes the
country's supreme law.

The NCA spokesperson said his organization feels let down by its long time
ally, the MDC, which has also acknowledged the validity of the so-called
Kariba draft Constitution as a national document.

Both Zanu-PF and MDC authored the document in the resort town on September
30, 2007. The document is however yet to be published.
"It is an insult to our existence," said Chivasa, "We are actually surprised
the MDC is in agreement with that."

He said the NCA will at worst break ranks with MDC if it ignores its NCA's
recommendations.

"We are dealing with politicians. We cannot say we have permanent
relationships. We are simply sticking to our principle which has been
consistent even during the time when Morgan Tsvangirai (MDC president) was
still NCA chairperson."

Chivasa denied wide claims the attainment of a new Constitution threatens
the existence of his organization, which many view as a perennial agitator
of a new Constitution.

"Its actually a misguided view," he said, "The NCA will still exist as a
watchdog to the implementation of any Constitution after it has been made."

Zimbabwe is still using a Constitution it inherited from the erstwhile
colonial government on the attainment of independence from Britain in 1980.

The document has been amended a record 18 times.

A draft document sponsored by government in 2000 was rejected in a
referendum.

The NCA, with the support of a newly formed MDC and other groups, staged a
successful campaign against the document.

The NCA argued that the draft document did not reflect what had been
gathered during the outreach programme by a commission tasked to do so.


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Entrenched positions threaten Zimbabwe's fragile unity deal

http://www.apanews.net/

APA-Harare (Zimbabwe) Efforts to end a deadlock over Zimbabwe's cabinet
appointments failed to produce a solution Friday as negotiators from the
three main political parties refused to shift from their positions, APA
learns here.

A spokesperson for the main faction of the opposition Movement for
Democratic Change (MDC) said an initial meeting between negotiators from the
party and President Robert Mugabe's ruling ZANU PF held on Thursday night
pointed to entrenched positions from which either side was unwilling to
move.

The meeting was also attended by a team of negotiators from a breakaway MDC
faction led by Arthur Mutambara.

"There was no meeting today but judging by what happened last night, we are
in for a long fight as negotiators from both sides are unwilling to move an
inch from their entrenched positions," the spokesperson told APA.

The negotiators are supposed to break a deadlock over the allocation of
cabinet posts that stalled a meeting between Mugabe, Tsvangirai and
Mutambara on Thursday.

Mugabe and Prime Minister-designate Tsvangirai have differed over the
control of the key ministries of defence, home affairs, foreign affairs,
local government, finance and information in a proposed unity government.

Tsvangirai's MDC is understood to be pushing for control of the finance,
information, and home affairs portfolios.

The home affairs minister will be in charge of the police force.

The three men signed a power-sharing deal on Monday under which Mugabe
remains president while Tsvangirai becomes Prime Minister and Mutambara will
be deputy Premier.


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Security Council calls for quick formation of unity government

http://www.monstersandcritics.com

Africa News
Sep 19, 2008, 22:50 GMT

New York - The UN Security Council on Friday called for the quick formation
of a unity government in Zimbabwe as negotiations in Harare remained
deadlocked.

Four days after President Robert Mugabe signed an historic agreement to give
up some of his powers to his longtime political foe, Morgan Tsvangirai,
negotiators met Friday to unstall the deadlock in the distribution of
ministerial posts between the parties.

The 15-member council was unanimous in calling for a quick resolution,
council president Michel Kafando of Burkina Faso said.

British ambassador John Sawers sought to tie aid for rebuilding the troubled
nation to political progress, saying all new money should go to the
stabilization of the country.


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Britain to help Zimbabwe only if there is 'genuine' power-sharing

Yahoo News

1 hour, 34 minutes ago

UNITED NATIONS (AFP) - British Ambassador to the UN John Sawers said Friday
that London was ready to support Zimbabwe's recovery but only if "genuine"
power-sharing is fully implemented.

"We are ready to support Zimbabwe's recovery ... but we clearly have to see
a commitment that the tragic policies pursued in Zimbabwe in recent years
have come to an end and that there is a genuine effort to share power with
those who were elected in the March election," he told reporters.

He spoke after attending a UN Security Council briefing by UN troubleshooter
Haile Menkerios, who monitored the South African-mediated talks in Harare
that produced the power-sharing accord.

Zimbabwean President Robert Mugabe, opposition leader and prime
minister-designate Morgan Tsvangirai, and deputy prime minister-elect Arthur
Mutambara signed the deal last Monday that set out a framework for a
multi-party government in order to break an electoral deadlock.

Mugabe's ZANU-PF was allotted 15 portfolios in the new cabinet, Tsvangirai's
MDC 13 and Mutambara's faction three.

But the three Zimbabwean leaders have failed to agree on key ministries,
with the main opposition saying it will not be "mere accessories" in another
ZANU-PF government.

Sawers expressed concern about the snag over the distribution of cabinet
posts and said Britain would not provide financial to its former African
colony unless the issue was resolved.

"We have to see the agreement implemented. We want to see genuine power
sharing," he noted.

"We are not going to put good money after bad. We want any new money to
stabilize Zimbabwe and get through the ordinary people of that country so
they can start rebuilding their lives."

Meanwhile Menkerios expressed confidence that a compromise will be reached
by the Zimbabwean parties.

He said an economic recovery "will take time' and urged donors to provide
funding for priority sectors such as agriculture, health, water and
sanitation.

Menkerios is the UN high-level representative on a so-called "reference
group" -- which also includes the African Union and a security panel of the
Southern African Development Community -- set up to assist the South African
mediators.

Mugabe won a one-man presidential run-off last June, widely denounced as a
sham after Tsvangirai pulled out of the race due to a wave of deadly attacks
on his supporters. Tsvangirai won the first round of the election in March.


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Mahoso's MIC to be shut down

http://www.hararetribune.com

Friday, 19 September 2008 17:57 Thomas Shumba Nation - Zim Today

A number of commissions, supposedly 'independent' from the government but
that were actualy an extension of ZANU-PF, are up for closure following the
signing of the GNU deal Sept 15. The first two commissons up for closure are
the Media and Information Commission (MIC) and the Anti-Corruption
Commission (ACC).

The MIC was headed by Chinondidyachii Mararike while Paul Mangwana headed
the ACC.

Mararike, another ZANU-PF apologist, replaced Dr. Tafataona Mahoso in early
2008 when a judge determined that he was unfit to perform his duties as the
chairman of MIC because he was 'politically biased."

Former Minister of Justice Patrick Chinamasa, who has suddenly found out
that the MIC and the ACC have not only been influenced but have actually
been run by ZANU-PF cadres, confessed to Radio VOP that these two
commissions were baised.

"There are too many politicians making decisions," he said. "Politicians
should not be making decisions on behalf of commissions," Chinamasa claimedn
in an interview.

"Toothless" commission

The Anti-Corruption Commission, in its entire lifetime, failed to have one
person convicted in the courts of Zimbabwe. This is despite the fact that
corruption in Zimbabwe over the years has infiltrated every facet of life.

Corruption is seen in many societies as a cancer to be fought with
relentless determination.

Robert Mugabe over the years appeared content not only to live with the
disease, but to allow it to flourish unchecked among his close political
associates.

Courruption is nothing new in Zimbabwe. The L.G Smith Report of 1984
categorically stated that parastatals were posting losses year in year out
because of endemic corruption.

The Report which was compiled by former Judge Smith, notes that
patron-client relationships, Board compositions and the absence of
meritocracy in the hiring procedures were some of the root causes of annual
losses.

Recently, people have been named, with evidence supplied, for being corrupt.
There has been corruption scandals at ZISCO, ZUPCO, ZESA, GMB and ZESA among
others, but the ACC has brought few people to the dock. Only the 'small
fish' have been arraigned before the courts.

A Cabinet Minister purchased a US$77 000 vehicle for personal use from ZUPCO
coffers, but he has never faced any criminal charges. The cases of
corruption are too many.

It appears the ACC has been there only to to prosecute criminals, but to
protect ZANU-PF criminals.

Media Hangman

Zimbabwe's Media and Information Commission (MIC) had control over which
newspapers are published in the country, pursuant of the Access to
Information and Personal Privacy Act. (AIPPA) that was written by Prof.
Jonathan Moyo.

The MIC, when it was created, was billed by the ZANU-PF government as an
independent body that would oversee the media in Zimbabwe. The MIC has done
no such thing.

The MIC has been there only to protect ZANU-PF's interests, analysts say.

Dr. Mahoso, the former MIC chairman, has in the past used the vast powers
accorded to him by AIPPA to shut down several newspapers.

Dr. Mahoso has fought running battles with the media, claiming the sculps of
the Daily News, The Tribune among other newspapers.

As recently as last year, Dr. Mahoso was advocating for tightening of the
already tight press laws to control the distribution of "subversive material
of foreign origin,"

It was his desire to be assume control of what the foreign based newspapers
like The Zimbabwean, published.

"It is essential that we should regulate both the publishers and the
distributors," Dr. Mahoso claimed. "Those distributors who import foreign
periodicals should indicate where they are procuring such periodicals."

The closure of these two commssions, while not a victory Zimbabwe, is a step
in the right direction, Zimbabweans say.


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Huge fertiliser shortfall spells disaster

http://www.thezimbabwetimes.com/?p=4467

September 19, 2008

By Our Correspondent

BULAWAYO- Zimbabwe faces a huge shortfall of its fertilizer requirements
ahead of the coming farming season, outgoing Agriculture Minister Rugare
Gumbo said yesterday.

The revelation has sparked fears of renewed food shortages next year.
Shortages of food have become a permanent feature since 2000, the year when
commercial farms invaded throughout the country.

In an interview, Gumbo said the nation had a huge shortfall of over 35 000
tonnes of fertilizer ahead of the farming season owing to failure by the
fertilizer manufacturing companies to produce because of a number of
challenges.

Gumbo told The Zimbabwe Times the fertilizer manufacturing companies had
only produced 12 000 tonnes out of the targeted 30 000 tonnes despite
receiving US$13 million from the central bank to facilitate production.

Agriculture experts say this is a far cry from the nation's requirements of
over 50 000 tonnes each farming season.

"The fertilizer manufacturing companies who have indicated that they are
facing numerous challenges have failed to meet the target of 30 000 tonnes
since they have produced only about 12 000 tonnes," Gumbo said.

Zimbabwe has faced food shortages since 2000 owing to a number of problems,
notably, lack of farming inputs.

South African President Thabo Mbeki at the signing of the power sharing
ceremony on Monday pledged that his country would provide immediate
assistance with the much-needed farming inputs in preparation for the
forthcoming season.

Renson Gasela, former head of the Grain Marketing Board (GMB), said the huge
fertilizer shortfall reflected poor planning on the part of government.

"What this shows is that the government does not learn from its past
mistakes of poor planning ahead of each and every farming season resulting
in food shortages and wants to resort to the blame game every time," said
Gasela.

Food shortages in Zimbabwe started in 2 000 following the chaotic land
reform programme that saw landless blacks, without farming expertise, take
over prime farming land from white commercial farmers.

As a result, agricultural production plummeted.

Since then, the nation has survived on food imports and food handouts from
benevolent food aid agencies.

Mugabe has defended the land reform programme saying it was necessary to
right the wrongs of the colonial past. Mugabe blames food shortages on
droughts while experts cite poor planning on the part of government ahead of
each farming season.


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Freedom of Expression Addressed in Zanu-PF/MDC Agreement



Media Institute of Southern Africa (Windhoek)

PRESS RELEASE
18 September 2008
Posted to the web 19 September 2008

The right to freedom of expression and media freedom were among the issues
discussed during talks that preceded the signing of a historic agreement on
the establishment of an inclusive government between Zanu-PF and the two
Movement for Democratic Change (MDC) formations in Harare on 15 September
2008.

Under Article XIX of the Agreement, which deals with freedom of expression
and communications, parties to the negotiations agreed that:

- the government shall ensure the immediate processing by the appropriate
authorities of all applications for re-registration and registration in
terms of both the Broadcasting Services Act (BSA) and the Access to
Information and Protection of Privacy Act (AIPPA).

- all Zimbabwean nationals including those currently working for or running
external radio stations are encouraged to make applications for broadcasting
licences in Zimbabwe in terms of the law.

- in recognition of the open media environment anticipated by this
Agreement, the parties hereby:

1. Call upon governments that are hosting and/or funding external radio
stations broadcasting into Zimbabwe to cease such hosting and funding

2. Encourage Zimbabweans running or working for external radio stations
broadcasting into Zimbabwe to return to Zimbabwe.

3. [Agree] that steps be taken to ensure that the public media provides
balanced and fair coverage to all political parties for their legitimate
political activities.

4. [Agree] that the public and private media shall refrain from using
abusive language that may incite hostility, political intolerance and ethnic
hatred or that unfairly undermines political parties and other
organisations. To this end, the inclusive government shall ensure that
appropriate measures are taken to achieve this objective.

MISA-Zimbabwe position:

It is MISA-Zimbabwe's strong conviction that the Agreement's desire to free
the media space remains illusory and is not easily achievable under the BSA
as presently constituted. For instance, under the BSA, as amended in 2007,
the issue of foreign investment shall be at the absolute discretion of the
minister responsible. This amounts to retention of the prohibition of
foreign funding and foreign ownership in the broadcasting sector, an austere
restriction in a sector that is capital intensive notwithstanding the
country's severe shortage of foreign currency.

Our position as MISA-Zimbabwe is that there should be a threshold on minimal
foreign investment to allow for the transfer of skills and capital
investment. The interpretation and implementation of any law should not be
left to the discretion of a minister who might have his/her own biases with
respect to would-be investors.

Furthermore and in terms of the BSA as amended in 2007, the Broadcasting
Authority of Zimbabwe (BAZ), which is appointed by the President in
consultation with the Ministry of Information, does not have the capacity to
fairly, impartially and independently adjudicate applications for licences
as it is susceptible to the whims and dictates of the Executive. In the same
vein, equal and equitable access to the Zimbabwe Broadcasting Corporation
(ZBC) should be preceded by its transformation from a state broadcaster into
a truly independent public entity whose management is appointed by an
independent board. MISA-Zimbabwe also argues that the new government should
move speedily to enact a law that facilitates the setting up of an
independent broadcasting and regulatory authority. The BAZ in its current
form is not an independent body and does not have the capacity to issue
licenses and regulate the industry impartially.

MISA-Zimbabwe therefore reiterates that the BSA should be repealed as it is
not conducive to the entry of private players into the broadcasting sector
as envisaged under the African Charter on Broadcasting. While the need for
fair and balanced reporting in the state media is mentioned, especially the
role of the Zimbabwe Broadcasting Corporation, MISA-Zimbabwe is of the view
that the new government needs a new law that guarantees the independence of
the ZBC, in addition to spelling out its responsibilities, mode of funding,
governance structures and its accountability processes to the people of
Zimbabwe.

The same arguments hold true with respect to the AIPPA, despite the December
2007 amendments to this law which still retains statutory regulation of the
media through the continued existence of the Media and Information
Commission (MIC) or its envisaged successor bodies, the Zimbabwe Media
Commission (ZMC) and Media Council. This is in contravention of the Banjul
Declaration on the Principles of Freedom of Expression in Africa which
states that self-regulation is the best system of instilling professionalism
in the media.

Statutory regulation of the media leaves it open to interference and
vindictiveness on the part of the Executive, which has powers through the
selection procedures of members appointed to bodies such as ZMC to close
media organisations and cancel the accreditation of journalists. The closure
of "The Daily News", "Daily News on Sunday", "The Tribune" and "Weekly
Times" newspapers by the MIC is a telling lesson and experience in history
on the dangers of statutory regulation that cannot be easily forgotten. It
is surprising that while the political parties discussed the so called
external radio stations, no mention was made as to the fate of the banned
newspapers named above.

MISA-Zimbabwe is therefore calling for an explicit constitutional provision
that guarantees media freedom and also recognises the right of journalists
to establish their own self-regulatory mechanism through the Voluntary Media
Council of Zimbabwe (VMCZ) which came into existence in June 2007.

MISA-Zimbabwe insists that the AIPPA and BSA, among other contentious
legislation, infringes on the letter and spirit of the 1991 Windhoek
Declaration, the African Charter on Broadcasting and the Banjul Declaration
on Freedom of Expression, which should be used as benchmarks for the
enactment of enabling laws and policy formulation to foster media freedom
and freedom of expression, association and assembly.


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Agreement replete with Mugabe language

http://www.thezimbabwetimes.com/?p=4473

September 19, 2008

By Sibangani Sibanda

I HAVE just seen the document that is causing so much excitement in
Zimbabwe, and elsewhere, and is being touted as Thabo Mbeki's finest
achievement - the Agreement between President Robert Mugabe's Zanu-PF and
the opposition MDC.

Quite frankly, I found it a big disappointment. It is long on "Zanuesque"
verbiage, and yet seems to offer very little else. In fact it sounds like
one of President Mugabe's speeches!

The rather rambling preamble, for example, is full of typical Mugabe phrases
like ".recent challenges and multiple threats" to our country,
"Determination to uphold Zimbabwe's sovereignty, independence and
territorial integrity", "acknowledging the sacrifices of the gallant sons
and daughters of Zimbabwe", "recognising and accepting that the land
question is at the core." of our struggle and so on and so forth. All rather
tired clichés that have, over the years, been used to justify repression and
the denial of basic rights to the people of Zimbabwe; all phrases that have
been paid lip service to, but never upheld in practice.

The main body of the agreement is no different. It makes some very vague
statements about reviving the economy without actually saying anything. Thus
mention is made of ".a comprehensive economic program", "the creation of
conditions to ensure that the next rainy season will be productive" and, as
often happens when ideas are short, the formation of a committee called the
National Economic Forum.

Sanctions, another one of the excuses used for our demise, get a mention, so
does "the land question", the constitution, equality, freedom from external
interference, freedom to organize political meetings, the neutral position
of traditional chiefs and the National Youth training Program.

On paper, there is nothing new here. All these rights and freedoms are, and
have always been available to Zimbabweans since independence. Of course,
this was on paper only. They have been suspended, ignored, overridden by
presidential decree and just legislated out as and when our rulers have felt
it necessary. What will be different now? Will they be respected more
because they are in a Thabo Mbeki brokered agreement?

I found myself asking the question, what were the MDC holding out for? All
the clauses appear, to me at any rate, to be entrenching the Zanu-PF
position on many of the issues. I could not find anything in the agreement
that looked like a concession from Zanu-PF. Nor could I find anything that
looked like an opposition program!

I had expected that the opposition would have insisted on certain guarantees
before signing the agreement. The role and neutrality of the armed forces,
for example; I would have expected that the MDC would have insisted that
those in the upper ranks of our armed forces be asked to retire as they are
a hindrance to the process of unity. They have, for instance, openly taken
sides with Zanu-PF, going so far as to state that they would not salute
Morgan Tsvangirayi if he won the elections! As treasonous a statement as I
have ever heard. Yet, they were not charged, while a senior MDC official was
charged and imprisoned simply for claiming victory in the elections.

What about the police commissioner, whose charges were responsible for
shamefully beating up Morgan Tsvangirayi? Should he be left in place? And
the Presidential powers?

Also not mentioned at all, as far as I could see, is the role of the media.
I have not noted any change in the very blatant slant towards Zanu-PF when
certain issues are reported in the state media. They continue to dish to us
the same patronizing nonsense that seems to suggest that none of us have the
capacity to think for ourselves. We have to be told what to think, and how
to think it.

Anyway, now we await the announcement of the rather bloated Cabinet - I seem
to remember the MDC complaining about the size of Mr. Mugabe's Cabinets, yet
they are now party to an even larger one. I find this a most unpromising
start when one of the issues that need urgent correction is the profligacy
of government. How do you reduce government spending by increasing the
number of government employees - and salaries are a major contributor to the
ballooning budget deficit?

Speculation is now rife that there is deadlock on the allocation of
ministries. Is anyone surprised? The agreement is too vague. It should have,
in my opinion, stipulated which party would take which posts. In its current
format, we could be some way away from a functioning government yet.

When the dust settles, and the "feel-good" high that most Zimbabweans seem
to be on at the moment subsides, it will be interesting to see how this
landmark agreement will impact on Mr. and Mrs. Average Zimbabwean.

Very interesting, indeed.


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Zimbabwe deal and Mwatela saga put Raila on the spot

http://www.nation.co.ke/News/politics/-/1064/472772/-/ywvv7tz/-/index.html

By FRED OLUOCH

 Posted Friday, September 19 2008 at 22:54

The power-sharing deal in Zimbabwe and the transfer of Central Bank deputy
governor Jacinta Mwatela have conspired to rekindle the big debate of
whether or not ODM is at the centre of power.

A close look at the Zimbabwe accord shows that Morgan Tsvangirai of the
opposition Movement for Democratic Change might have negotiated a better
deal than ODM leader Raila Odinga, although it is no guarantee that
President Robert Mugabe will honour his part of the bargain.

But it is the removal of Mrs Mwatela from CBK that has once again put the
Prime Minster in focus. Investigations by the Saturday Nation reveal that Mr
Odinga might have been ambushed, contrary to his public utterances that he
is in constant consultation with President Kibaki.

Coming soon soon after he flexed his muscles by making some changes in
government, most of Mr Odinga's supporters expected him to take up the
Mwatela case.

Before her transfer, Mr Odinga had directly intervened in the Kenya Ports
Authority saga, relieving managing director Abdallah Mwaruwa of his duties,
and installed Mr Brown Ondego as the executive chairman of the troubled Rift
Valley Railways.

Performance contracts

He had also signed the performance contracts of Cabinet ministers,
parastatal heads and permanent secretaries, which in essence means that he
will be responsible for their appraisal, thereby debunking the earlier
feeling within ODM that he was given a post without powers.

Budalang'i MP Ababu Namwamba, who is a leading proponent of the proposed
so-called grand opposition, says the Mwatela saga raises questions as to
exactly how much leeway the Raila party has and if the Prime Minster has
executive powers or presumptive ones.

"Sometimes you get alarmed when certain things happen," he says.

"Although those in government believe that the partners can check each other
and there is no need for opposition, etiquette and universal standards of
collective responsibility cannot allow them to challenge each other on
issues without appearing to rock the boat."

According to Mr Namwamba, the manner in which the Mwatela issue is being
handled and the way the Government is making changes in the civil service,
shows that impunity is still the order of the day and that the Kibaki
administration is yet to come to terms with the power-sharing accord.

But ODM chief whip Jakoyo Midiwo says the media should not read too much in
the Mwatela affair, arguing that it has no bearing on the power-sharing
deal.

As he puts it, "the Constitution is clear that it is the President who
appoints the (CBK) governor and his deputy,  and has the power to fire.
Unless we change the Constitution, the Prime Minster cannot just interfere
in the powers of the President."

But ODM insiders say Mr Odinga must have decided to take a low profile after
realising that if he put his hand on everything, the situation might become
murky.

A case in point is the saga of former National Security Social Fund managing
trustee Rachel Lumbasyo, in which the PM found himself caught in a tricky
situation between the parastatal's board and Labour minster John Munyes.

The next line of battle for the PM could be between him and the head of the
civil service, Mr Francis Muthaura, whom the former's supporters accuse of
behaving like a parallel prime minster - undermining the rapport the PM and
the President are trying to build.

The Zimbabwe deal has reopened the old debate that Kenya's power-sharing
accord, signed last February 29, gave little "meat" to the Prime Minster's
office and that whatever powers Mr Odinga is enjoying is only courtesy of
his personality.

The irony is that Mr Tsvangirai visited Nairobi and consulted Mr Odinga
before signing the deal.

He might have learnt to avoid grey areas that bedevilled the Kenyan
coalition over issues such as portfolio balancing and the pecking order
between Mr Odinga and Vice-President Kalonzo Musyoka.

The Kenyan deal gave the PM the role of supervising ministries and chairing
sub-committees, while the President would remain head of state and
government.

In the Zimbabwe deal, however, the PM is to run the country on a day-to-day
basis and chair the council of ministers. He is also a member of National
Security Council and controls the police.

But it is still not clear if Mr Tsvangirai will get the key ministry of
finance to get the chance to revive the economy, a post that eluded ODM
here.

One key area in which the Zimbabwe accord is better than Kenya's is the
provision that there will be no by-elections and defections, or moving from
one party to the other.

And in case of an MP's death, the seat will be filled by the aggrieved party
through internal nomination.

In Kenya, PNU and ODM have been striving to outnumber each other in
Parliament in case a by-election presents itself. The Embakasi and Kilgoris
seats were fiercely fought for despite the parties being partners in
government.

Analysts argue that the Zimbabwe accord looks better because President
Mugabe had little room for manoeuvre, having clearly lost the main
elections.

In Kenya, even South African retired judge Johann Kriegler, who headed the
inquiry in to the elections, confesses that it is not possible to tell who
actually won the presidential race.

The Mwatela saga

Following the Mwatela saga and the Zimbabwe deal - in which the opposition
got more Cabinet posts than the ruling Zanu-PF party - Mr Odinga is likely
to come under fresh pressure to prove that he is not operating in the
periphery.

People in the ODM strongholds have been grousing that they were
short-changed in the distribution of Cabinet, parastatals and permanent
secretary posts.

But the PM has been parrying such accusations from people who feel he has
been put in a fix in as far as placing those who did the donkey work in
various capacities during the campaigns is concerned.

He always argues that the Government is small and that the party was given
the rightful half of the cake and there are not enough positions to go
round.

But not many of his lieutenants are satisfied with his explanation that the
situation could have been better had the ODM formed the government on its
own.


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New Speaker of Parliament in UK on MDC business



By Tichaona Sibanda
19 September 2008

The newly elected Speaker of Parliament, Lovemore Moyo is in the UK on MDC
business to brief party activists on the power sharing deal that was signed
in Harare on Monday.

Moyo, who is the National Chairman of the MDC, is in charge of party
structures based outside the country. He arrived in London on Thursday. MDC
spokesman in the UK, Matthew Nyashanu said besides updating members on the
unity deal, Moyo will also use the opportunity to acquaint himself with the
restructuring exercise of the UK branches.

Almost all branches were merged from various counties to form districts, in
a streamlining exercise that is expected to be ratified by Moyo on Saturday.
The new Speaker will also address a rally in Birmingham on Saturday. There
were originally 42 branches of the MDC distributed throughout the UK but
they have since merged to become eight districts.

"A lot has happened since the last time he was here. Since he's in charge of
the Diaspora structures, he will exchange notes with various groups here
that include the youth wing, women's assembly and the national executive. He
will cap his visit to the city by addressing party activists from 2.30 pm,"
Nyashanu said.

Much of the party faithful based outside the country remain sceptical of the
power sharing deal that was signed in Harare by Robert Mugabe, Morgan
Tsvangirai and Arthur Mutambara. Many in the Diaspora were forced to flee
the country for political and economic reasons caused by the repressive ZANU
PF regime.

"There's a lot that people want to hear from the National Chairman. Ideally
this would be an opportunity for most of us to ask him questions on the
unity deal and what that means to people in exile," said Nyashanu.
An estimated three million Zimbabweans live in the Diaspora, mostly in South
Africa and the United Kingdom. Many are professionals, while others are
ordinary Zimbabweans who had never held jobs back home but are now working
and sending money back to Zimbabwe. There are several reasons for the
inclusive government to cultivate a close, long term relationship with
Zimbabweans who live in the Diaspora. They will constitute an extraordinary
market for exports of local products, and will remain an important source of
foreign currency through the remittances they send to their families.

SW Radio Africa Zimbabwe news


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A tale of two national leaders

http://www.thezimbabwetimes.com/?p=4444

September 19, 2008

By Luke Tamborinyoka

A CARNIVAL atmosphere punctuated the signing ceremony by the three
principals of Zimbabwe 's major political formations on Monday. But the
major highlight of the event was the unveiling of two contrasting leaders.

It was clear after the speeches that the President and the Prime Minister
represent two distinct eras. You had a President who resides in the past and
a Prime Minister who is preoccupied with the future of this country.

President Robert Mugabe, visibly frail and senile, rambled for an hour about
the past. He dismally failed to speak to the occasion, even threatening the
political settlement by making veiled threats on the MDC and Mr Morgan
Tsvangirai.

A buoyant and spirited Prime Minister spoke to the future; a future of hope,
love and national healing. A future of freedom and prosperity. A future of
abundance and development. A future of change and bright prospects.

The political settlement, as the Prime Minister designate aptly put it;
represents nothing but "a candle in the dungeon."

That dungeon remains long. It remains menacing. It remains dark. It remains
a sticking challenge which any light would wish to conquer.

The transitional authority is just but a temporary measure; a minute candle
flickering to conquer the menacing dungeon of economic collapse and
misgovernance, spawned by almost three decades of corruption and patronage.

As a nation, we cannot continue to dwell on the glories of the past but the
hope and challenges of the future. Tsvangirai's speech gave the hope that
this nation must move forward.

In contrast, President Mugabe spoke like a ghost of the 1960s. It was almost
like he would rather have Zimbabwe move backwards to the golden era of a
nation resisting colonialism and imperial conquest than move forward to an
epoch of hope, prosperity, freedom and democracy.

In fact, he said democracy was alien to Africa !

The President is caught up in a time warp, inextricably mired by yesterday's
glories and conquests to the extent that he can never be expected to solve
today's and tomorrow's challenges of this digital age - the 21st century
dominated by liberal markets, a diverse media environment and internet and
Information Communications Technology (ICTs).

Tsvangirai's candle metaphor struck a chord with the Zimbabwean reality.
There is no electricity in the country and most homes are being lit up by
way of candles! But the challenge of Zimbabwe is to light up the whole
dungeon. The challenge of this inclusive government is to power up the
tunnel and bring light into this dark abyss so that once again, we become a
regional beacon of hope, democracy and prosperity.

As a nation we have our cloth cut out for us. Our liberation legacy is
fundamental. It is an immortalized epoch of our struggle as a people. It
defines us as a people of struggle; who only regained their dignity from
white supremacy through a protracted armed struggle. But we should not let
that glorious history cloud our vision from the prosperity of the future.
Zimbabweans are worried about the immediate challenges; the immediate
crisis, which the Prime Minister-designate, clearly spelt out.

"The first priority of the government is to unlock the food already in our
country and distribute it to our people," he said.

"We need doctors and medicines back in our hospitals; teachers back in our
schools.  We need businesses that can grow and provide jobs to the people.
We need electricity again to power our businesses and homes. We need water
that is safe and accessible. We need affordable food in our shops, crops in
our fields, and petrol back in our vehicles. We need to be able to access
our own cash from our banks.

We need to stabilize our economy and restore value to our currency. Peace
and safety must be restored to our communities. Our State institutions must
serve the needs of all the people, not just Zanu-PF or the MDC.

Under my leadership, this unity government will let business flourish so our
people can work and provide for their families with pride."

The signing ceremony was clearly a classic tale of two leaders; one so sure
about the road we have travelled before; but the other even surer about the
road ahead and the destination.

Zimbabweans are worried about what lies ahead. They would rather focus ahead
than permanently stare into the rear view mirror!

(Luke Tamborinyoka is the Director of Information and Publicity in the MDC
formation led by Morgan Tsvangirai.)


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