Judges, journalists critical anchors of democracy

the independent


By Pius Langa
Following is South African Chief Justice Pius Langa’s speech at the launch of Reporting the Courts — A Handbook for South African Journalists by Kevin Ritchie, edited by Gwen Ansell.
THERE is no doubt that the media is perhaps the most effective vehicle for expression. It is accordingly one of the most important vehicles to impart information and knowledge.

This launch is an important initiative because it demonstrates, in a tangible way, your seriousness in accurately and adequately reflecting what goes on in the courts of our land. Two questions may arise from this. What does go on in our courts and why is it important for this to be reflected extensively in our media?

Before I deal with the two questions, let me make a few preliminary remarks about the parallel responsibilities of the judiciary on the one hand and the media on the other.

In a sense, in one sphere at least, there is a complementary relationship between the work judges do and the work that journalists do. The two institutions are critical anchors of a constitutional democracy.

Democracy is about the full and free participation of all citizens in the running of their state. In other words, it is government by, for and in accordance with the will of the people.

In order for the people to participate meaningfully, however, they need the parameters of their rights and obligations to be defined. That is the work of the courts which, in turn, can only fulfil this task in the process of adjudicating disputes.

It is here that the media has a role. People need accurate and readily available information, as well as the means to articulate their views or wishes to those in government and in order to influence their fellow citizens.

This is a crucial role: the dissemination of information and diverse views. Some of the information will relate to the rights and obligations of individuals as articulated by the courts. The two institutions are therefore vital in the maintenance of a democratic state.

The two institutions also operate on the basis of certain constitutional guarantees which are designed to benefit the public. We speak of judicial independence; this is independence not only from the executive and the legislature, but also from influences exerted by members of society.

The constitution proclaims this independence and we in turn seek to guard it jealously against any threat, potential or real. In arguing for it, however, we may sometimes lose its true essence, which is that judicial independence is not a privilege that is the exclusive preserve of judges, to benefit them.

It is a right that belongs to all our people. It is they who are entitled to a judiciary that is independent because that is what guarantees them the protection and preservation of their rights and the quality justice they are entitled to. Failure of this independence would result in serious prejudice to society and the state, and seriously weaken our democracy.

Similarly, Section 16 of the South African Constitution, which articulates freedom of expression, specifically refers to freedom of the media as a critical part of freedom of expression. Here again it is society that is the true beneficiary of the freedom and independence of the media.

It has been said: “An independent press is a matter of pride. But the independence of a great institution has its source, its foundations, in the community, not in the institution itself.” — the deputy chief justice of England and Wales in a keynote speech at the Law for Journalists Conference in London, November 26 2004.

The freedom of the media is an invaluable attribute of a democratic state. There is however a cost to this. Society must acknowledge and accept why it is that free speech is one of the essential foundations of a democratic society.

A docile media can only have limited value in contributing to the strengthening of those foundations. To be played properly, that role demands rigorous application.

Independence and a refusal to be intimidated are indeed the hallmarks of a media that contributes to the quality of a maturing democracy. It cannot be true, as was once said about British law, cynically I should add, that “. . . free speech (is) a very good thing as long as it does not cause trouble.” — Geoffrey Robertson QC, who made the remark in Freedom of the Individual and the Law, seventh edition, Penguin Books, who now presides over the International Criminal Court, Sierra Leone.

Free speech must always be “a very good thing” whether or not it causes trouble. I do not believe the media can do its job properly without causing trouble. Not infrequently, though, the trouble it causes lands it in hot water.

Freedom of the media, as an important aspect of democracy, must never be used as an excuse for irresponsible reporting. Press freedom, like all other rights, is subject to limitation. It is the task of the courts, in interpreting the law and the Bill of Rights, to articulate the parameters of this right.

The media, like all other public and private institutions, must be mindful of these boundaries. In defining the boundaries, the courts are not antagonistic to press freedom. Rather, the two institutions are complementary to one another; working together to ensure the delicate balancing act that is often required to maintain harmony in a democratic state.

Both institutions are required to do their work competently and to exercise the greatest care in the performance of their tasks at all times. This is a heavy responsibility, but these attributes are necessary in order to enable them to be of the greatest benefit to our young nation and also to ensure that the devastating effects that could result from the misuse of the potent power that each possesses is avoided.

Awareness of this potent power will make us careful how we use our tools, not to damage and destroy, but to build and to heal. We should never lose sight of the context in which we carry out our functions as well as the people who are the consumers of our services.

Rich and poor, powerful and weak, strong and vulnerable, they are the true beneficiaries of the fruits of democracy which we are called upon to strengthen. Both institutions must always strive to give the public access to the benefits of the Constitution and the Bill of Rights. For journalists, there is a whole world out there and the opportunity to make a difference — to improve the quality of the information that the public receives; to challenge injustice, bureaucratic fiat or judicial indifference wherever it raises its head; and to do so in an engaging fashion.

Cases heard by the courts may be dull, but they are terribly important. In the Constitutional Court we are constantly seeking solutions to difficult issues which touch the lives of many people in this country. In the space of 12 years, our constitution has become a dominant feature of our lives.

It is the function of the court to lay the foundations of a new jurisprudence. We deal with concepts such as equality, human dignity, freedom, security of the person, the rights of children, labour rights, rights to a fair trial, welfare rights, rights to shelter, healthcare, prisoners’ voting rights, issues affecting immigrants and so on.

Some of our hearings catch the public imagination but others enjoy no publicity at all. They are however all important beyond the interests  of the litigants themselves. They constitute an authoritative interpretation of rights and constitutional provisions.

Left to the court alone, these important decisions would never reach all corners of South Africa, as they should.

Thus many people who could benefit from this knowledge would remain in the dark about what the constitution means to them. The general public is, therefore, largely dependent upon the resourcefulness of the media.

If we are to see information as a tool for greater achievements and the advancement of a culture of rights, we should be seeking to improve the competence of our reporting, in particular court reporting. This is what this book seeks to do.

And that is a great contribution to fulfilling a vision for this country that our constitution embodies, that is the values of equality, human dignity, freedom and the advancement of human rights. I accordingly congratulate you all, the creators of the handbook as well as those who will use it for this initiative.

Truth, freedom and growth

the independent


By Wellington Chadehumbe
FOLLOWING is the keynote address delivered by Wellington Chadehumbe at the Zimbabwe Independent/FBC Banks and Banking Survey reception held last week.
AN anonymous commentator once said: "Economists have an irrational passion for dispassionate rationality." So in keeping with my trade, allow me to entertain you with a few thoughts on the causal linkages I believe to exist between truth, freedom and economic growth.
As some of you know, I left this beloved country in 1996. I moved to South Africa to broaden my horizons business-wise. I felt the need to operate on a pan-African stage, rather than within a single country. I am still to achieve that vision in full.
The most instructive experience so far and indeed the biggest fun has been meeting and getting to know fellow Africans from other countries. Mostly, I have been astounded by the similarities between our perspectives.
A key similarity I have noticed among us is our fixation on freedom. Of course, we must regard sovereignty as sacrosanct given our historical background. But the benefits of that sovereignty must percolate through society and trickle down to the individual. So I would like to challenge you to consider with me what sovereignty must mean for this generation and for our children, and jointly try and unravel the causal link between that sovereignty and our economic wellbeing.
I will start by stating the obvious.
Now that we have obtained political freedom, our challenge and responsibility is the judicious management of our affairs. We must understand that we cannot use the same tools as we used during yesteryears, struggling for freedom.
Instead of activism, we now need cool calculation and strategy — measured words of wisdom instead of fiery rhetoric. Otherwise, we will continue to sound and act as if we are still the hapless victims we used to be before freedom. Such behaviour could not be more contradictory and discordant with the concept of self-determination that we treasure.
The management of our affairs responsibly must include having the courage to confront our past and present failures with bold introspection, not in the indignity of shame, but with a resolute determination to learn from our errors and solve them with cogent analysis and resolute action.
I am convinced that we do have the fortitude to shoulder these responsibilities and the courage to confront truth, no matter how discomfiting. I believe that we have the wisdom and insight to know that our freedom must be under-girded by truth, if it is to be sustainable. My confidence stems from the knowledge that there is nothing intrinsically wrong with us as Africans. If other peoples have addressed similar issues time and again, similar capacity is surely within our ken.
Our sovereignty must also translate to individual freedom, and the extension of the right to participate and engage to all. This would be a worthwhile demonstration of the fact that we positively believe in, value and honour each other’s intellectual capabilities. This is also necessary for the fulfillment of all. All humans desire the opportunity for self-expression.
However, freedom and truth are not only valuable for their own sake, but are also critical for economic progress. This is the thesis of Amatya Sen’s book, Development as Freedom. To Sen, development has no value if it does not expand freedoms. He calls this concept the constitutive value of freedom.
Sen’s views, of course fly in the face of conventional thinking on freedom and growth in some parts of Asia, where Lee Kuan Yew’s legacy of capitalist dictatorship (in Singapore) treats freedom as an unnecessary nuisance that should not distract the noble pursuit of economic development.
Sen does not conceal his distaste of Lee Kuan Yew’s approach. He writes: "Some have championed harsher political systems — with the denial of basic civil and political rights — for their alleged advantage in promoting economic development. This thesis (often called "the Lee thesis") is sometimes backed by some fairly rudimentary empirical evidence. In fact, more comprehensive inter-country comparisons have not provided any confirmation of this thesis . . . Indeed, the empirical evidence very strongly suggests that economic growth is more a matter of a friendlier economic climate than of a harsher political system."
Like Sen, I am most sceptical about the sustainability of the so-called economic miracles taking place in some oppressive Asian countries. In fact, my own experience as a businessman has revealed to me the flaws of the Lee thesis. I have learnt that quality people can only be led, not managed and that leadership is at its quintessence when the key tools it employs are inspiration and vision as opposed to threats and intimidation. It appears as if fulfillment eludes us as humans when the God-given right to free choice is tampered with by the dictatorial tendencies of fellow mortals.
The value of freedom and truth as instruments of economic growth has also been stressed by Bernstein in his book, The Birth of Plenty, in which he argues that there are four key drivers of long-term economic growth, namely scientific rationalism, property rights, capital markets and efficient transport and communication systems.
Bernstein stresses the importance of scientific rationalism this way, "At base . . . the history of economics is the history of technology — after all modern prosperity rides in the cockpit of invention."
It is common cause that scientific rationalism is nothing other than human beings’ pursuit of truth. Therefore, Bernstein’s quotation is synonymous with asserting that truth (or at least the quest for it), is a driver of growth.
Kitty Fergusson, the author of the book, The Fire in the Equations, takes the inviolability of truth to a higher level. She observes that by presuming that the universe is objective (as scientific enquiry does), that must mean that: "Reality has a hard edge to it and it does not cave in or shift like sands in the desert in response to our opinions, perceptions, preferences, beliefs, or anything else. Reality is not a democracy."
Therefore truth is absolute and when we find it, one of its benefits is growth.
Let me now turn my attention to the causal link between freedom and growth. In the modern age, freedom is best measured by the civil liberties that a citizenry enjoys.
Bernstein argues that the preservation of property rights drives economic activity this way: "Innovators and tradesmen must rest secure that the fruits of their labours will not be arbitrarily confiscated by the state, by criminals or by monopolists."
These freedoms must include the freedom to transact and exchange. In Democracy as Freedom, Amatya Sen considers the freedom of exchange so basic and normal that to him any attempt to restrict free exchange is as ridiculous as an attempt to stop people from conversing.
The economist, William Baumol, also adds credence to Sen’s argument when he writes on entrepreneurship. He advises that when entrepreneurs engage in unproductive activities "such as rent-seeking or organised crime" any attempts to resolve the problem should begin with an analysis of how the incentive structure created by the regulators might have enlarged "the payoffs society offers to such (unproductive) activities".
I have tried to show the interdependence between truth and freedom. I have also provided arguments suggesting a causal link between these two virtues and growth. I think we all agree that growth is an imperative for Africa.
It stands to reason that we can only demonstrate our love for growth when we passionately embrace these virtues. We cannot violate these virtues and still claim to be committed to progress. Embracing these virtues is the price we must pay for progress.
As my dad used to say, I think for the love of alliteration: "Poor people prove their preparedness to proceed from poverty to prosperity when they are prepared to pay the price for that prosperity."
Are we prepared to pay the price for prosperity through our passionate embrace of the virtues of truth and freedom?
I have also argued that of the two virtues, truth is the more fundamental because it is the begetter and benefactor of freedom — the only citadel within which freedom can finally be free to be its true self.
From this realisation, I have finally understood what the Lord Jesus means in John 8:32 when He says: "And you shall know the truth and the truth will make you free." I therefore personally find it difficult to say "long live freedom", in good conscience, without in the same breadth shouting, "long live truth".
* Wellington Chadehumbe is an economist and the CEO of Triumph Venture Capital (Pty) Ltd, a fund management company that manages the Southern African Intellectual Property Fund. The views expressed in this article are solely those of the author. FBC Holdings was the official sponsor of the Banks and Banking Survey.

Painful but effective plan

the independent


THERE are three effective but painful strategies that could (in various combinations and sequences) begin the process of forcing this failed and foul regime out — ultimately via negotiations/talks and a supervised, free and fair election:
l Peaceful, street demonstrations; non-partisan, under an umbrella organisation, staggered over at least one month, coordinated with weekend demonstrations by exiles in, for example, Johannesburg and London. The price would initially be bloodshed in the streets of Zimbabwe’s cities, of course.
l A stay-away by the majority of Zimbabwe’s workers for at least one full week — accepting the brutal violence from the army this would cost us in the high-density suburbs.
l Sadc, especially South African and Mozambican, sanctions or go slows — unofficial of course — covering, for example, fuel port/rail imports and/or electricity.
None of these three is easy to sell or achieve and is unlikely to occur in the immediate future. The first two strategies will require effective mobilisation and leadership of Zimbabwe’s working class together with a portion of the middle class. The third may demand successful implementation of at least one of the first two strategies.
As we saw in the pre-Movement for Democratic Change era, a strong and effective Zimbabwe Congress of Trade Unions leadership is a vital component of these strategies.
These strategies have worked in other countries. There is nothing extraterrestrial about us Zimbabweans or our country.
We may be "domesticated", resourceful and buffered by what was once a strong and relatively sophisticated economy and a significant population of educated exiles sending money home — but these features are not unique to our situation.
However, usually for self-serving or shortsighted reasons, all three strategies have been and will continue to be opposed elsewhere within Zimbabwe’s family of classes.
Ian Smith’s downfall was his fanciful dream of maintaining a minority, racist white regime in the middle of black Africa. President Robert Mugabe’s may well turn out to be his fanciful dream that an economy (including, for us, its agriclutural base) can be bludgeoned, arm-twisted, quick-fixed, talked or bribed into serving his personal political needs first and foremost, rather than serving certain basic economic laws and pre-requisites for success.
In this respect, given the output from the first years of Mugonomics, there are signs that we have entered a period of greater opportunity to implement the first two strategies.
Rwendo,
Harare.

Corruption blitz netting only small fish

the independent
Corruption blitz netting only small fish

By Nelson Chamisa
THE arrest of GMB chief executive Retired Colonel Samuel Muvuti confirms to Zimbabweans that Zanu PF is the breeding ground of corruption and unbridled political patronage. The MDC believes that his arrest is a token attempt by a cornered regime to be seen to be taking action on a serious scourge that has taken root in the higher echelons of Zanu PF.
The MDC is convinced that this regime has no genuine political will to tackle graft and unmitigated theft that has become the hallmark of this government. Muvuti and Zupco boss Charles Nherera are just small fish in a bigger pond replete with corrupt sharks and tigers. Until the ministerial sharks and Zanu PF politburo tigers are targeted and brought to account, the war against corruption will be mere rhetoric and sloganeering. Zanu PF’s so-called anti-corruption crusade is merely targeting the small fish and leaving the bigger fish to continue looting state resources.
The regime should be pursuing genuine cases of corruption that have captured the attention of the nation over the years. A case in point is the Zupco saga, where Nherera and deputy Information minister Bright Matonga are being accused of corruption when bigger names that have been implicated are still free. Government and Zanu PF officials have been implicated in the looting of farms and farming inputs, the War Victims Compensation Fund and the Pay-For-Your-House scheme but they continue to freely roam the corridors of government.
A UN report has named several cabinet ministers and senior army personnel in the looting of diamonds in the DRC while one of Mugabe’s close relatives reportedly received kickbacks from those who constructed the Harare International Airport. All this has been swept under the carpet while small fish continue to be sacrificed on the altar of political expediency.
The MDC believes in a transparent and accountable government that has a genuine commitment to combat corruption and graft; a government with a well-funded police unit and an independent Attorney-General’s office that pursues all cases of corruption without any fears of a backlash from a tainted and corrupt political leadership.
We challenge national leaders and those holding public office to declare their assets publicly.
* Chamisa is an MP and MDC secretary for information and publicity.

Inside Zimbabwe: A Special Report

Reporter's Journal
Inside Zimbabwe: A Special Report by Sheri Fink
August 28th, 2006
From http://www.theworld.org/worldfeature/zimbabwe/zimbabweRJ.shtml


Zimbabwe has a reputation for treating journalists harshly -- reporters there have been harassed and independent media outlets shuttered -- so I never imagined a Zimbabwean military officer would casually invite me to visit his country on a reporting trip. But that's what happened one evening last year in Nairobi, Kenya.

I met Lt. Col. Carlos, a Zimbabwean special forces soldier (he's asked me to keep his real name secret because he's involved in covert operations), at a dinner party given by the local head of an American non-profit group. I was in Kenya reporting on HIV for The World. Carlos was there visiting his girlfriend, a neighbor of the dinner host.

Carlos and I chatted casually, and when he learned I was a reporter, he began complaining that the Western media were failing to give an accurate picture of his country. He said I should come to Zimbabwe and see for myself whether it was the disintegrating, violent place people said it was. I told him I thought Western journalists weren't allowed to report there. He assured me that everything would be fine.

I filed Carlos's unusual invitation away, and its memory didn't resurface for nearly a year. I was heading back to Africa for The World, and I mentioned the invitation to my editors. They were intrigued, but wary. They knew that American and British journalists had been arrested in Zimbabwe in recent years. They wondered to what extent Carlos could provide protection. And what was Carlos's motive? Was he really offering to help me gain unfettered journalistic access to his country, or did he intend to promote a positive view of Zimbabwe by leading me around its famed tourist attractions?

My sense was that Carlos was a patriot who truly believed that an open-minded journalist would see the country as he did -- a still-proud nation that was being mistreated by those bitter about the steps its government was taking to redress the inequities of colonialism. Because Carlos was entirely unashamed of his country and its military, I had a hunch that he would provide very open access to it. Here was an opportunity to understand Zimbabweans who passionately defend the country's policies in the face of widespread international condemnation.

It took numerous phone calls and emails, and a meeting with Carlos in Nairobi, to settle most of our concerns. Still, there would be no way to know whether this was a good idea until the trip was complete. What I worried about logistically was getting into and out of the country without having my recording equipment confiscated. Any airport x-ray machine would easily pick up the array of microphones and audio recorders. Carlos promised to accompany me from airplane door to airplane door, arrival to departure.

The abnormality of the country's situation became apparent just moments into the flight from Nairobi to Harare. Flight attendants passed out copies of The Herald, Zimbabwe's official daily newspaper, and the business section carried this advertisement: "Own a Samsung laser printer for only $29 million..." The country's inflation rate had hit nearly 1200 percent. (New money is currently being issued and three zeros have been removed from the currency.)

The financial stress that runaway inflation and an acute shortage of foreign currency places on even the top echelon of Zimbabwe's society became clear when I stepped into the hotel. Its owner looked harried. She was willing to offer a significantly lower price if I would pay in U.S. cash. "It's not as if we have tourists here anymore," she said.

On my first full day in the country, another business owner, chain smoking cigarettes, explained the intricacies of the country's black market. "The first thing you need to know about Zimbabwe is that nobody obeys the law here," she said. "It's impossible." Her comment stuck with me. I soon realized that the fact that many people break the law to survive means, among other things, that many are paranoid of being prosecuted should they run afoul of the government. This contributes to their general unwillingness to speak on the record to journalists about any politically sensitive matter.

Still, nearly everyone I met was willing to speak with me, at least on background. Much of that was due to Carlos's influence. He was extremely well connected across the country's political and racial divides, and he was utterly fearless. Once, as I was interviewing him in his car, we drove past the State House where President Mugabe lives. I noticed cameras pointing at the road, and I said, nodding to my microphone, "I think I'll put this down." Carlos replied, "No, it's OK, don't worry," and he described, using an expletive, what he would say to Mugabe if he questioned us. He added, "I'll tell him I'm minding my own business, better mind his own."

Over my time in Zimbabwe, Carlos introduced me to senior military officers, white farmers, poor black urbanites, wealthy business people, lawyers, musicians, university professors, and journalists working both for government newspapers and those working furtively in violation of the country's restrictive media laws. Most importantly, Carlos also respected my need to report independently. Without him present, I met with opposition political leaders, human rights activists, health workers, and impoverished Zimbabweans who had been displaced by the government's massive slum clearance campaign.

The reporting trip exceeded my expectations. The only challenge left was to get the precious audio recordings and myself back out of the country. The night before I left, Carlos and some of his friends gathered at the hotel bar, celebrating and drinking double gin and tonics. When I went to bed, the group headed out to continue the party. I reminded Carlos that my flight was early in the morning. He assured me not to worry, just call him at 7 a.m. to wake him up, and he'd come to pick me up at the hotel.

In the morning, I called and called, but Carlos didn't answer. I phoned his friends, but they couldn't reach him either. An hour passed, and I took a taxi to the airport. I checked in for the flight, hoping in vain that Carlos would appear before I had to proceed through security. Surely, when it came time to pass my bags through the x-ray machine, the screeners would spot the radio equipment and audio recordings. Would they ask what I'd been doing, confiscate the evidence, or even toss me in jail? Had I been set up? I waited until just before departure. Then, trying my best to look nonchalant, I placed the two carry-on bags on the x-ray belt and held my breath.

I walked to the other side, expecting the contents of the bags to trigger a hand search, as happens almost everywhere else I fly. But, miraculously, the guards didn't ask me to stop. I picked up the bags and turned toward the gate, and at just that moment Carlos burst through the security checkpoint, brandishing his airport ID. "See, I told you everything would be fine," he said. And, while it hadn't been fine for some journalists who went before, for me, indeed, it was.

Mutambara faction barred

the independent


THE fight for control of the opposition MDC’s regional offices in Matabeleland North has taken on a fresh dimension after the courts in Hwange on Monday granted a peace order barring the Arthur Mutambara faction from using the premises.
A Hwange court ordered that an employee of the Tsvangirai faction, Michael Phiri, currently working at the offices, should not be interfered with in executing his duties.
The Mutambara MDC on Wednesday challenged the peace order. A magistrate deferred the hearing to a later date.
At the same time there have been claims that the Mutambara faction’s administration officer, Gertrude Simango, was forced to flee after receiving death threats.
Spokesperson for Tsvangirai’s camp, Nelson Chamisa, this week dismissed the whole incident as minor and said his party was not concerned about who occupies which offices in the country.
"The MDC is committed to non-violence and that remains the guiding principle of the party," Chamisa said.
"But it is regrettable that there are individuals in the struggle who are concerning themselves with shadow boxing. We are not worried about who occupies what offices in the struggle to liberate Zimbabwe."
Abednico Bhebhe of the Arthur Mutambara group said they would wait for the outcome of the appeal made in the courts on Wednesday.
"We have always been in control of the premises and people who moved into the party offices did so after the administrator had fled following death threats over the phone," Bhebhe said.
Police in Hwange confirmed that they intervened in the matter on Monday. — Staff Writer.

Stakeholders urge withdrawal of Communications Bill

the independent


Clemence Manyukwe
STAKEHOLDERS in the media and communications industry have recommended the withdrawal of the Interception of Communications Bill currently before parliament to pave way for the drafting of an alternative law.

A new law needed to be drafted after wide consultations to address a number of contentious issues such as the usurping of the judicial powers in issuing warrants.

In its submission to the parliamentary portfolio committee on Transport and Communications, the Zimbabwe Internet Service Providers Association (Zispa) on Wednesday contended that there was a likelihood that if the Bill was passed in its current form it could be successfully challenged on constitutional grounds.

The organisation said the Bill’s effectiveness in combating serious crime was also questionable, given that those involved in such activities were likely to use encrypted communications.

These encrypted communications are extremely difficult to crack without access to days of processing time on supercomputers that are not available in this country, Zispa said.

“Zispa recommends that the Interception of Communications Bill 2006 be withdrawn in its present form and that a new Bill be drafted following well-publicised public meetings to obtain feedback from affected parties, detailed discussions with key stakeholders in the sector and a study of similar legislation and its implementation in other countries,” the organisation said.

Zispa also queried the Bill’s lack of judicial oversight as the Transport and Communications minister may issue interception warrants on suspicion that “a serious offence has been or is being or will be committed”.

The Bill says the minister may issue warrants for the interception of communications on application by the Chief of Defence Intelligence, the Director-General of the President’s Department of National Security (the CIO), the Commissioner of the Zimbabwe Republic Police and the Commissioner-General of the Zimbabwe Revenue Authoritity.

“Normal international practice for legislation of this kind is for warrants to be issued as the result of some judicial process, and for provision to be made for an annual review of the implementation of the Act to ensure that its measures are not being abused,” the internet service providers said.

IMF back in Zim next month

the independent


Shakeman Mugari
AN International Monetary Fund (IMF) team is scheduled to visit Zimbabwe next month for their annual Article IV Consultations amid deepening meltdown of the economy.
Businessdigest understands that government and the IMF have since agreed on the date which sources said should be around mid-September.
The visit comes two months late after it failed to take place as planed in July and has been hanging in the balance amid market speculation that it could have been scuttled by the widening rift between Harare and the Bretton Woods institution.
Sources close to the issue said bickering between the fund and Zimbabwe had forced the IMF to postpone the visit twice in the past three months. There were reports that when the meeting was due in July Harare pleaded for more time to put its house in order.
"They requested for the meeting in July but the government said it needed more time to put its house in order," a source said.
Government was yet to present its fiscal and monetary policies, the source said. He said when government later requested the IMF to visit in August it told the fund it was busy with its annual meeting.
"But now they have agreed on the date and the team will be arriving in the country mid next month."
The visit comes eight months after the IMF stayed a decision to expel Zimbabwe, giving it a six months reprieve but demanded sound policies to stop the economy from further collapse.
The IMF also refused to reinstate Zimbabwe’s voting rights which were suspended in 1999 after the government stopped servicing its debt. Since then the IMF has refused to extend balance of payments support to Zimbabwe and other multi-lateral organisations have followed suit.
Sources however said government is still bitter about the IMF’s decision. Minister of Finance Herbert Murerwa wrote to the IMF in March complaining that Zimbabwe’s treatment at the February board meeting which led to the decision was inconsistent with the normal practice of the fund.
In the letter Murerwa also wanted to know why the IMF had refused to reinstate Zimbabwe’s voting rights despite having cleared its arrears under the General Resources Account.
Businessdigest understands that the IMF has not responded to the letter and analysts say they are unlikely to reverse the decision until government implements sound macroeconomic policies demanded by the IMF since Zimbabwe’s crisis started.
The IMF has urged Zimbabwe to reduce money supply growth, cut government expenditure, reduce the bloated public wage bill and remove price controls. Despite promises government has not done so.
Article IV is meant to monitor members’ compliance with the obligations to direct their policies toward fostering orderly economic growth with reasonable price stability.
It also seeks to ensure stability by promoting sound economic and financial conditions, and to follow exchange rate policies in keeping with these objectives.
Economic commentators said nothing fundamental had changed since the IMF’s last visit. They said their end report was likely to be as damning as the last one because Zimbabwe had not implemented any reforms to stop the economy from bleeding.
"It’s the same. We are still printing money, the wage bill is still high, the government is spending like never before and the budget deficit is widening — all of which is out of line with IMF’s advise to Zimbabwe," said an economist with a local bank. "They (IMF team) will find the government doing the same thing that they have been strongly advised against."

Army deals probed

financial gazette   

Nelson Banya News Editor
Commander Chiwenga summoned to testify
A PARLIAMENTARY committee will, within the next two weeks, probe the Zimbabwe Defence Forces’ supply contacts in a move that could open a can of worms.

Claudious Makova, who chairs the Parliamentary committee on defence and home affairs, told The Financial Gazette that his committee would summon General Constantine Chiwenga, commander of the ZDF, for a hearing on supply contracts to the military.
“We want to see the commander of the defence forces within two weeks. What we want to find out, you’ll probably pre-empt by publishing. What challenges are they facing in procurement? We want to go deeper,” Makova, a retired colonel who is the ZANU PF representative for Bikita in the House of Assembly said.
Chiwenga told the parliamentary committee last week that the ZDF was having problems procuring fabric used in manufacturing military fatigues. He called for a probe into the operations of David Whitehead, the main supplier of the material.
“We have immense problems with monopolies. You go to David Whitehead and say you want 50 000 metres of camouflage material and after one week they will come and say: ‘we can only supply 5 000 metres, but the price has increased’,” Chiwenga told the committee. He further charged that the firm was ‘on the agenda of sanctions.’
Zimbabwe has, since 2000, when the United States and Britain, among other western states, imposed an arms embargo citing human rights violations by the government, encountered problems in sourcing military equipment and spares from its traditional source markets. The country has increasingly turned to China for military requirements.
A member of the parliamentary committee, who declined to be named, said the committee had received information pointing to possible conflict of interest among the army top brass.
“We have summoned him (Chiwenga) so that he explains how their procurement goes. We insisted that he appear before the committee next week,” the member said.
Lucrative contracts to supply the requirements of the security forces, most of which are a closely guarded secret, have long been the subject of intense speculation amid reports that top government and army officials are the main beneficiaries.
Jocelyn Chiwenga, the ZDF chief’s wife has, through her company Zimsafe, been a long-standing supplier of luminous protective clothing to both the Zimbabwe Republic Police (ZRP) and the army. Relatives of top police officers are also said to have clinched contracts to cater for various police needs.
Makova said the committee’s objective was to assist in streamlining the procurement process.
“We want to see how we can help,” he said.
Permanent secretary for defence, Trust Maphosa told the parliamentary committee that the budgetary provision for uniforms was inadequate. Out of the $200 billion allocated in the 2006 budget, the army had already spent $132 billion, while a $100 billion deficit was projected for the Air Force of Zimbabwe.
Maphosa said $660 billion was needed to meet the ZNA’s uniform requirements next year.

No growth in money supply, says Gono

fin gazette

Staff Reporter


RESERVE Bank of Zimbabwe (RBZ) governor Gideon Gono says central bank had not been prepared for the strong demand for smaller value notes, and has also reacted to concerns that the $43 billion he printed in new currency could have mismatched the old currency levels, boosting money supply growth and stoking inflation.
RBZ will print more smaller denominations to meet that demand, Gono says, but this will be done with a matching reduction in the amount of new larger notes released onto the market.
“We had been guided by the previous demand for higher denominations, thus the deliberate bias of the stock towards higher denominations which had been the characteristic demand pattern of the older set of bearer cheques,” said Gono.
The $44 billion worth of new notes created had been “related to the stock of existing old bearer cheques in circulation, estimated at about $44 trillion by the end of the first week of July 2006.”
However, data from RBZ itself had shown cash in circulation at nearly half that level in June.
Gono said 22 percent of the currency was missing at the end of the campaign.
“Out of about $45 trillion (old value) currency that was in circulation at the time of launching Project Sunrise, a total of $35 trillion (old value) was accounted for through re-banking/withdrawal into the Reserve Bank coffers, leaving a balance of $10 trillion (old value) which has been trapped into the wilderness of underground markets either inside the country or doing overtime outside the borders.”

‘We didn’t profiteer’

financial gazette
‘We didn’t profiteer’
Staff Reporter
Retailers deny cashing in on currency switchover
RETAILERS were rolling in the money in the days ahead of the currency switchover, but the head of the country’s largest grocer says the days after the deadline have been nightmarish for retailers.

Since last Monday, when the deadline for change to new notes passed, retailers have faced the double pressure from consumers angry at the shortage of smaller denominations for change, while also having to face accusations from government and central bank that they had used the switchover period to unjustly raise their prices.
Willard Zireva, CEO of OK Zimbabwe, rejects descriptions of retailers as “unscrupulous” opportunists that used the confusion of the changeover to raise prices for profiteering reasons.
“For retailers, it’s a matter of principle. Prices don’t just move, they move only when there is a change in the chain. Prices are strictly based on what the chain dictates. If it moves, we have to move or we might as well close business. We are a volume business, we have no interest in arbitrary price hikes,” Zireva said last Friday.
Reports say at least one of the country’s major retailers had seen sales come in 50 percent ahead of budget in the three weeks that followed the announcement of the new currency, as consumers rushed to dispose of what extra cash in old currency they had ahead of the August 21 cut-off date. Since then, disputes ensued at till-points as consumers protested at having to forfeit change.
“We have been having quite a challenge in the branches. We placed orders for smaller notes with our banks, but the orders did not arrive for three days, ” Zireva said.

Savanhu sucked into circus at Town House

financial gazette

Nkululeko Sibanda Own Correspondent

ZANU PF Politburo member Tendai Savanhu, long suspected to be the force behind the ruling party faction baying for Sekesai Makwavarara’s blood, has been sucked into the administrative circus that led to the suspension of the city’s principal officer in June.

Before this week’s hearing into Nomutsa Chideya’s suspension, the deputy chairperson of the commission running the City of Harare had tactfully stered clear of the personality clashes that have reduced Town House into a battleground.
But after Monday’s hearing, attention might shift from William Nhara, who has been unleashing venom against the commission chairperson in his capacity as spokesman for the ZANU PF Harare Province, to Savanhu who is believed to harbour ambitions to run the affairs of the city.
Presenting his heads of argument on Monday, Takunda Tivaone, the complainant in the hearing, said Chideya abused his authority as Town Clerk by ordering council employees to deliver water to Savanhu’s residence using fire tenders.
This, Tivaone said, was abuse “of the highest order” because council had no mandate to deliver water to individuals regardless of their standing in society or position of authority.
“The issue should have been referred to council for debate and resolution before being undertaken,” he said. “In line with council regulations, this kind of action amounts to high level abuse of authority on behalf of the Town Clerk,” added Tivaone.
What worsened the situation was that Savanhu is not on the list of officials and institutions, such as Parirenyatwa Hospital, that can get water from council when in emergencies.
Chideya was suspended from council on allegations of incompetence, mismanagement and failure to resolve outstanding labour disputes involving suspended heads of departments.
Two of the charges have since been dropped because of lack of evidence.
While there is no end in sight to the wrangles at Town House, service delivery in the capital has sunk to irretrievable depths.

Quantity has replaced quality in education

financial gazette


Learning institutions, libraries in dire need of resources
Zimbabwe’s education system is arguably one of the best not only on the African continent but in the world at large and the ongoing “poaching” of Zimbabwean-trained nurses, pharmacists, doctors, engineers, lawyers, academics, and corporate leaders alike is clear testimony.

Universities and colleges have mushroomed in recent years, alongside a variety of vocational training centres, nursing schools, mining schools and information technology centres, among others. This is indeed in line with the inspirational Chinese proverb to the effect that “If you plan for one year, plant rice. If you plan for ten years, plant trees [but] if you plan for a thousand years, educate mankind.
My only problem, however, is the pace at which most of our tertiary institutions are deteriorating so much so that if no remedial action is taken now, these oases of knowledge will soon run dry and we will only have ourselves to blame. We cannot therefore sit back and watch whilst institutions of higher learning stampede towards the precipice of oblivion.

Dilapidated facilities
Albert Camus, a French novelist, essayist, playwright and the winner of the 1957 Nobel Prize for Literature had this to say about universities: “After all manner of professors have done their best for us, the place we are to get knowledge is in books. The true university of these days is a collection of books.” Indeed, a library is the lifeblood of any institution of learning, moreso higher learning, and it is obviously oxymoronic to have a university without books.
Yet, most universities in this country have an alarming scarcity of books to such an extent that students have to scramble for the few available textbooks. Where such books exist in abundance, as in the University of Zimbabwe library, they are archaic books that were written well before World War II and are denizen to theories that have long been refuted or overtaken by events, and material that has since been rendered irrelevant by developments in the academic field.
To me, a tertiary institution without books is like water that is not wet and as long as we do not pay urgent attention to our institutions of higher learning, we run the risk of not only turning them into national archives but also transferring them from the intensive care unit they are currently housed to the academic morgue.
As Lawrence Clark Powell, an American librarian, said, history has it that no university in the world has ever risen to greatness without a correspondingly great library.
The library issue aside, the prevailing information technology tide has seen the use of computers at virtually every organisation worth its salt and universities throughout the world are embracing this development by increasingly using computers. From online lectures to lecturer-student interaction on the local area networks (LANs) at campuses, e-learning is becoming a reality.
It is worrisome when university or college students have to queue to use a computer, or worse still, learn only the theoretical aspects thereof because the institution cannot afford computers. Where is the corporate world, then, when such situations continue unabated and talks about corporate social responsibility are as vociferous as ever before?
At times I am reluctant to blame the corporate world because the management of most of these institutions of higher learning leaves a lot to be desired. Instead of reprimanding such mismanagement, we seem to condone it by actually honouring “gallant sons and daughters” who are presiding over archives for libraries. It defeats logic and all facets of reasoning when institutions that train managers and leaders alike fail to prove that charity begins at home.
Former students should also shoulder the blame taking into cognisance that aspects like university alumni are pitifully lacking in this country. Universities have churned out chief executive officers, entrepreneurs of high standing, journalists, teachers, engineers, doctors, marketers, quantity surveyors, government ministers and politicians alike and the sooner we implement the ziva kwawakabva (give back to institutions that made you who you are today) concept, the better for this country’s development.
In other countries, former students sponsor university activities so much so that even funds for research work are availed to further the cause of academic excellence. I have confidence in what Zimbabweans can achieve and it is high time we did something for the benefit of our young brothers and sisters who yearn for a better tomorrow. It is said that you cannot prevent birds of sorrow from flying over your head but you can prevent them from building nests in your hair.
When your former university is under threat of obsolescence owing to the unavailability of funds, matendere apfunya chisero mumusoro mako (nests are already all over your head) and its time to act!

Grants and fees
University students now pay fees which may not be very exorbitant but owing to the background of most of the students — which is characterised by abject poverty — is beyond the reach of most of them especially in the wake of dwindling grants and loans and escalating inflation. Unsubstantiated claims are that cases of prostitution and moral decadence are skyrocketing as a result of such financial gaps and although I am not privy to such malfeasance, it is regrettable especially at a time HIV/AIDS is wreaking havoc in the country. We cannot afford numerous posthumous graduations and unorthodox behaviour at our institutions due to financial constraints.
The need to review loans and grants cannot be overemphasised and we appreciate, too, that the Government cannot do it alone. There are many graduates who have capitalised on the prescription of debts by defaulting repayment of loans advanced to them by the Government; repayments that could have reignited the revolving fund. And as you read this article and you have not paid a dime towards the extinguishing of your debt but you still feel triumphant about it, know that you are missing it somewhere — most probably upstairs.

Conclusion
Tertiary education in this country is in urgent need of attention if Zimbabwe is to maintain its dominant position on the academic chart. Paying a deaf ear and a blind eye to the goings-on in this sector is tantamount to sacrificing the academic future of this country on an altar of social expediency to the detriment of the future.
n Canisio Mudzimu is a social commentator based in Harare.

Donors snub Bulawayo City’s water conference

financial gazette

Njabulo Ncube Chief Reporter

A WATER conference called by the City of Bulawayo to raise $4,7 billion flopped last week when only about $96 000 was donated towards the municipality’s ambitious project intended to address the chronic water shortages threatening the second capital’s survival.

Bulawayo faces chronic water shortages due to the location of its feeder dams in low rainfall areas in Matabeleland South.
Information obtained by this newspaper indicates that one of the country’s building societies chipped in with $50 000, a Bulawayo-based pump manufacturing company donated $40 000, a senator gave $1 000 and $5 000 was raised by individuals. The embassies of South Africa, Kuwait and the European Union pledged to donate funds but no figures have yet been disclosed.
“As far as cash donations were concerned there was not much but we hope to follow up certain pledges made by embassies and other international financiers,” said Phathisa Nyathi, the municipal spokesman.
“Someone has promised to provide funding for the entire pipeline from the Zambezi to Bulawayo provided we meet certain conditions. We will in due course talk to him to find out his conditions,” said Nyathi, adding that it would be improper at this time to disclose the identity of the person.
As a short term measure the council intends to resuscitate the Nyamandlovu Aquifer boreholes in Nyamandlovu at a cost of $160 million, drill more boreholes at a cost of $4,7 billion, and construct a water booster in Insiza at a cost of $200 million. The local authority also plans to link Mtshabezi dam to Umzingwane feeder dam at a cost of about $3 billion.
The council regards the construction of the 450 kilometres pipeline from the Zambezi River to Bulawayo as the only permanent solution to the city’s chronic water shortages. Under its long-term plan, the municipality has budgeted US$500 million for the Zambezi Water Project, which has been on the cards since 1912.