The ZIMBABWE Situation Our thoughts and prayers are with Zimbabwe
- may peace, truth and justice prevail.

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Zim Online

GOVERNMENT SEIZES ZANU PF-LINKED BUSINESSMAN'S EMPIRE
Tues 7 September 2004

      HARARE - The government has seized former crony Mutumwa Mawere's
multi-million dollar mining empire under new legislation empowering the
state to take over companies owing it money.

      Under the new Presidential Powers (Temporary Measures Act)
Reconstruction of State-Indebted Insolvent Companies) Regulations 2004
gazetted last Friday, the state can convert into equity debt owed by a
private company if there is evidence the company is unable to pay back.

      The law, which analysts say could turn several private companies into
virtual parastatals, empowers the state to appoint an administrator to take
over the running of a company owing money to the government. The
administrator will restructure the enterprise and oversee its
recapitalisation.

      It could not be immediately established yesterday how much Mawere's
giant Shabanie Mashava Mines (SMM) Holdings owed the government or whether
the company is no longer able to repay the debt.

      Justice Minister Patrick Chinamasa appointed Afras Gwaradzimba as the
mining giant's new administrator. He will be assisted by Ministry of Mines
officials Forbes Mugumbati and Robert Kaisi.

      The boards of Shabanie Mashava and its myriad subsidiaries were
automatically dissolved and no longer control the companies in accordance
with the takeover regulations.

      Mawere, who has sought sanctuary in South Africa, could not be reached
for comment on the matter yesterday. Shabanie spokesman Regis Nyamakanga
could also not be reached for comment.

      Once a close ally of President Robert Mugabe and his ruling ZANU PF
party, Mawere exploited his close ties with the ruling elite to build one of
the biggest business empires in Zimbabwe. A government guarantee enabled
Mawere to pay only US$1 for Shabanie Mashava, which operates one of the
biggest asbestos mines and manufacturing plants in southern Africa.

      An astute businessman in his own right, Mawere used Shabanie to branch
into key sectors of Zimbabwe's economy including farming, banking and
insurance.

      Mawere and the government fell out about three months ago. The
government accuses Mawere of siphoning about US$300 million out of Zimbabwe.

      The seizure of Mawere's mines is the latest action by the government
against the businessman after it failed a month ago to have him extradited
to Harare to face charges of externalising foreign currency.

      Some of the companies either wholly-owned by Shabanie Mashava or in
which the mining group has a stake include AA Mines, Turnall Holdings
Limited, Steelnet (Zimbabwe) Ltd, Chemspec (Pvt) Ltd, Cernol Chemicals Pvt
Ltd, FSI Trading Pvt Ltd, Tube & Pipe Pvt Ltd, Hastt Zimbabwe Ltd and BMA
Fasteners. ZimOnline

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Zim Online

Botswana shoots down Moyo's information pact
Tues 7 September 2004

      BOTSWANA - The government of Botswana has turned down proposals by
Zimbabwe for a bilateral information pact, ZimOnline has learnt.

      The information agreement between the two nations, whose relations
have soured in the last two years, would have provided for Harare and
Gaborone to help each other counter alleged negative media coverage against
them.

      Zimbabwe's Information Minister, Jonathan Moyo, proposed the idea of
the pact to his Botswana counterpart Boyce Sebetela when he visited Harare
last month.

      The proposed pact met stiff opposition from President Festus Mogae's
office and from the Ministry of Foreign Affairs. They are said to have
objected to the pact for fear it could be used to violate freedom of the
Press.

      "The Botswana government is against the idea as it is tantamount to
gagging the Press. We have seen cases of Press freedom violations in
Zimbabwe and we don't want to be part of that," said a source, who asked not
to be named.

      Both Sebetela and Moyo could not be reached for comment on the matter
yesterday.

      Zimbabwe has some of the harshest media laws in the world. In the last
12 months alone, three newspapers including the country's biggest and only
privately-owned daily paper were shut down for failing to register with the
government's media commission.

      Harare accuses Gaborone of hosting a radio station that it says
broadcasts anti-government propaganda into Zimbabwe. Botswana denies the
charge. Relations between the two southern African nations have also soured
over allegations by Zimbabwe that Botswana ill-treats its nationals visiting
that country. ZimOnline

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Zim Online

NGO Bill will hit hard vulnerable groups, parliamentary committee told
Wed 8 September 2004

      HARARE - HIV/AIDS, church and student organisations yesterday told a
parliamentary committee that a proposed law to regulate Non-Governmental
Organisations (NGOs) in Zimbabwe could see humanitarian assistance to the
country drying up.

      The groups told Parliament's Portfolio Committee on Public Service,
Labour and Social Welfare that banning foreign assistance to NGOs as
proposed under the new law will only help cut aid to the most vulnerable
groups in Zimbabwe.

      The committee is hearing submissions on the NGO Bill that is expected
to be passed into law when Parliament resumes next month.

      Zimbabwe National Students Union (ZINASU) president Philina Zamchiya
said: "A number of students are beneficiaries of foreign assistance through
scholarships and sponsorships, the NGO Bill will close avenues of aid."

      Zamchiya told the committee that he had himself benefited when an NGO
operating in Zimbabwe helped raise money from foreign donors to pay for
treatment of injuries he incurred when he was tortured by state security
agents.

      The Zimbabwe National Pastors Conference (ZNPC), which is a grouping
of religious ministers from various denominations, said the Bill will
further reduce democratic space in Zimbabwe.

      "We strongly advocate for a fundamental revision of the Bill, which
should be influenced by the understanding of democracy and civil society
reflected in the newly adopted SADC election guidelines," said the ZNPC
official.

      The committee will take submissions by various stakeholders to
Parliament for consideration when it reviews the controversial draft Bill.

      Under the Bill, civic groups will be required to register with a
government-appointed commission. NGOs will be barred from receiving money
from foreign donors to fund work related to human rights and governance
issues.

      Civic activists say the Bill could force more than 90 percent of NGOs
in the country to close down. Zimonline

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The Impact on Women

It is a bit like watching an unfolding tragedy on television. You can see
the situation and to some extent appreciate its seriousness, but you cannot
enter into the experience of those on the ground or fully comprehend their
situation. Over time you also become inured to various situations - they
seem to happen so often and eventually you turn off the television or switch
to entertainment.

Mugabe has now been in power for over 24 years. After 5 years of exciting
and rapid development and change we then went through a period of 10 years
or so of mixed experience - some bad, some good, followed by a decade of
serious mistakes and growing corruption in all spheres of life. Challenged
by civil society Mugabe retreated into a political kraal and simply refused
to listen to any but the sycophants that surrounded him.

Eventually challenged politically he has fought back using every tool in the
book and a few others in a no-holds defense of his hold on power. The cost
to the country has been massive and comprehensive.

1. GDP is down to nearly half what it was in 1997.
2. Exports are down by two thirds.
3. Employment is down by 40 per cent.
4. Up to 3 million people have fled the country as economic and political
refugees.
5. Food production has fallen to the point where up to 70 per cent of the
population has had to be fed by foreign donors in the past year.
6. Life expectancy is down to 35 years - less than Malawi and down 24 years
since 1990.
7. All investment has stopped and some US$2 billion in capital has left the
country in the past 4 years.

Oh well - what else is new - switch the channel to something more
interesting! Africa - defeating itself again. Self-destruction in
self-defense!

But there is another dimension to this sorry tale, which is not being told.
That is, what is the impact on certain sectors of our population? Not white
farmers - that has been beaten to death by the media who seem to see little
else in the Mugabe tragedy, as this series is called. No I am talking about
the impact on others - women for example.

The impact of the Mugabe crisis on women is perhaps the most telling of the
consequences of this sort of thing, and yet it is almost completely ignored.
If you take any of the measures by which the Mugabe crisis is measured in
human rather than economic or political terms, the impact on women has been
very much greater than on the population as a whole. In part this is due to
cultural factors but in addition it is that women are just that much more
vulnerable to social and economic collapse.

Lets look at just a few of these factors. First the question of life
expectancy. This is a crude measure of the success or failure of a State -
can it deliver a longer life expectancy (as a result of better nutrition,
health care) than in the past?

The answer in Zimbabwe is that life expectancy has retreated a year for
every year that Mugabe has been in power and that all of this retreat has
taken place in the past 14 years. Zimbabwe now has a life expectancy less
than that of Malawi. For women the situation is even worse with life
expectancies now dipping below 30 years. The reasons are multiple -
deteriorating nutrition, high costs of protein foods, deteriorating health
care services and their cost. But to this we must add the re-emergence of
disease epidemics that we once thought were beaten - malaria, tuberculosis.

Then there is the Aids/HIV pandemic - Zimbabwe is in the forefront again in
this sphere. We have one of the highest rates of infection in the world,
high even by southern African standards. But one statistic sticks in my
mind - that 58 per cent of all women between the age of 15 and 25 are HIV
positive. - nearly 6 out of 10. Why? Well one of the things that Mugabe has
done in the past decade is to create near perfect conditions for the spread
of HIV and Aids. He has destroyed jobs, income-earning opportunities, and
enhanced insecurity of nearly everyone, stimulated labour migration to the
point where it has become a national pastime. Rendered illegal the income
earning possibilities of millions.

So more women than ever are in prostitution, or "temporary relationships"
for security or income purposes. More families than ever are divided and
separated. The cost of schooling has soared - so called "free education" now
costs parents more than they can afford so it is the girls who lose out.
What does a 13-year-old do when she is kicked out of school and onto the
street?

How do we measure the status of our health services? One simple measure is
the status of women in childbirth. 400 000 women give birth to a child in
Zimbabwe each year. We now have the highest rate of mortality in childbirth
in the world. God, what does it take to save a woman's life in labour? I am
told US$30 on average.

Then there are the more simple things - like sanitary pads and nappies. What
do you do when you cannot afford these simple, every day things. Use dirty
rags and towels? Where is the dignity in this? And what about clean water -
in city after city, clean affordable water has become a nightmare as pumps
break down and councils run out of chemicals. The men - they drink beer and
coke, it is women and children who bear the effects of these failures.

At independence we boasted - free education for all, housing for all, health
services for all by the year 2000. The reality is that none of this has been
achieved, in fact we have lost ground in all these areas in a self-imposed
collapse that has impacted on our women and children most. Those who drive
luxury cars with tinted windows and who live in mansions on other people's
money must take prime responsibility for this, but it is also a disgrace for
us all. If you are not engaged in this struggle for change and reform in
Zimbabwe, then you are also responsible for this unfolding crisis and its
impact on millions of women and their children.

Eddie Cross
Bulawayo, August 6th 2004

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News24

MDC offices searched
07/09/2004 23:05  - (SA)

Harare - Zimbabwean police on Tuesday searched the offices of the main
opposition party in the country's second city of Bulawayo, a party official
told AFP via phone from the city.

About 30 police, including members of the riot squad, searched the Bulawayo
provincial offices for the Movement for Democratic Change (MDC) for 45
minutes looking for "subversive materials" said the official, Victor Moyo.

"They had a search warrant saying they were looking for subversive or
inflammatory material," Moyo said.

"They moved from room to room, looking for whatever it was they were looking
for. They found nothing."

Police spokesperson Wayne Bvudzijena confirmed the search.

He told AFP that the police in Bulawayo had applied for the search warrant
following a tip-off that the MDC office contained "offensive documents".

He could not immediately say if the search had yielded anything.

Moyo said the police were also due to search another opposition office in
Bulawayo, but this could not be confirmed by the police spokesperson.

The MDC, which this weekend celebrates five years of existence, has had its
offices in Bulawayo and the capital Harare searched on several occasions by
police. - Sapa-AFP
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8 September
David Coltart, Shadow Justice Minister

Iden Wetherell's opinion piece "Where is the yellow card?" in the Mail and
Guardian (3 September) cannot go unanswered. It is argued that we should
have given the Mugabe regime a yellow card prior to making the collective
decision to suspend participation in all elections pending its compliance
with the principles agreed to by SADC in Mauritius. We disagree; countless
yellow cards have long since been issued.

Since the June 2000 parliamentary elections the MDC has used the courts to
expose flaws in Zimbabwe's electoral system. In parliament the MDC caucus
has, for the past four years, done all in its power to urge the ruling party
to support the need for legislative and constitutional reforms aimed at
restoring the integrity of the electoral process. This fell on deaf ears.
Similarly, in the aftermath of the disputed March 2002 Presidential
election, the recommendations contained in the reports compiled by the South
African Observer Mission, the Commonwealth Observer Mission and the SADC
Parliamentary Forum, which called for urgent reforms to restore transparency
and fairness in the electoral process, fell on deaf ears. These were
symbolic yellow cards issued by the international community yet the regime
opted to bury its head in the sand. The clear lack of political will on the
government's part to take the necessary steps to restore genuine democratic
elections in Zimbabwe prompted the MDC, earlier this year, to publish its
document entitled 'Restore', containing the party's minimum standards for
elections. The party made it clear to the regime that its participation in
the March 2005 parliamentary elections was conditional on the government's
satisfactorily implementing these minimum standards. In the absence of these
fundamental benchmarks, the MDC concluded, it would be inadvertently
legitimising another flawed election by participating under the current
conditions. This would be a betrayal of the people of Zimbabwe who fought a
liberation war to gain the basic right to freely choose a government of
their choice in a free and fair election and thereby influence the type of
society in which they wish to live.

'Restore', not only sets out the political reforms necessary to create the
democratic conditions for a legitimate poll but also sets out the electoral
reforms necessary to create a legal, institutional and administrative
electoral framework that harnesses transparency an fairness. Since the
publication of 'Restore' the MDC has conducted a vigorous campaign both
inside the country and within the region to bring pressure to bear on the
regime to implement the MDC's minimum standards. On 20th July, Mugabe, in
his speech marking the opening of parliament, announced that a number of
electoral reforms would be introduced that would level the electoral playing
field. Mugabe and Zanu PF disingenuously claimed that these reforms (which
include the establishment of a new Zimbabwe Electoral Commission, the
reduction of polling days from two days to one and the counting of votes at
polling stations) would address the MDC's demands. As we said at the time,
these proposed reforms only partly address our minimum standards pertaining
to improving the transparency and fairness of procedures governing the
polling day. On the whole they are woefully inadequate and fail to even
touch on the crucial issue of opening up the political space and ending
political violence. What the ruling party's proposals clearly demonstrate is
that they view an election as an event as opposed to a process.

It is this politically expedient definition of what constitutes an election
that received an unequivocal 'yellow card' in Mauritius. The comprehensive
set of guidelines and principles that were agreed upon in Mauritius captured
the essential elements of 'Restore', in particular the recognition that a
free and fair election are not possible when the political space has been
all but closed down. This was a symbolic victory for the MDC. When Mugabe
signed the protocol he was technically committing himself to implementing
the MDC's minimum standards. In theory at last, our 'yellow card' in the
form of 'Restore' produced a very positive result indeed. The reality,
however is different. In the immediate aftermath of his return from
Mauritius, Mugabe and his regime quashed any hopes that they would act in
the spirit and letter of the agreement by gazetting a draft NGO bill
containing provisions which continue the government's sustained
determination to crush all organised centres of opinion opposed to the
regime. This for the MDC was the final straw. In the absence of any evidence
that the government intends to comply in full with the SADC elections
charter the MDC decided to draw a line in the sand and say enough is enough.
With less than 7 months until the elections there is insufficient time to
wave any more yellow cards. Moreover, the timing of our decision was also
influenced by the fact that nomination day for a by-election was due on
September 3 and we had to make a decision prior to that day. Had we not made
a decision before that day the region could have assumed that we believed
that the Mauritius principles were in the process of being implemented in
Zimbabwe.

The timing also has to be seen in the context of what has been stated in the
region about the issue of negotiations between Zanu PF and MDC. For over a
year we have been told that we are engaged in informal negotiations with
Zanu PF when that is not true. A real fear we had was that Zanu PF's
compliance, or rather non compliance, with the Mauritius principles would be
fudged, as would our "acceptance" that Zimbabwe's electoral system now
complied with the Mauritius principles. We had to make it clear,
emphatically, urgently and unequivocally, that our electoral system does
not, and will not, even in the event of Mugabe's proposed changes being
implemented, comply with the Mauritius principles. The article suggests that
we should have used the next few months to prove that Zimbabwe's electoral
environment does not comply with the Mauritius principles. That however is
precisely what the Mugabe regime wants us to do. It would, no doubt, be
happy to implement meaningful reforms a month prior to the elections which
would not result in a free and fair election. Zimbabweans have been deeply
traumatised during the last 5 years and need a peaceful period of at least 6
months prior to the elections to feel confident to exercise their vote
meaningfully. For all the government's claims that the MDC is dead and that
they can run an election without us, Zanu PF can never claim legitimacy
unless the MDC participates. Whilst the MDC could have been ignored in 2000
it is now recognised regionally and internationally as a credible political
party and to that extent its participation in the 2005 election is critical
to both Zanu PF and SADC if Zimbabwe's crisis is to be resolved.

To that extent it was critically important that we indicated to SADC as soon
as possible that we were not prepared to participate in this charade any
longer and that they should bring the Mugabe regime to book as quickly as
possible to resolve the crisis. The onus is now on SADC to ensure that the
Mugabe regime fully complies with its obligations under SADC elections'
protocol. A failure to do so would put SADC's credibility on the line. It is
suggested that what is required is for the MDC to test the water. That
precisely is what we will be doing. We will be testing the regime's
sincerity in the course of the next few months in Parliament, in the courts
and in the media. At every turn we intend explaining to the Zimbabwean
electorate and SADC why it is that the NGO bill, Zanu PF's proposed reforms,
and existing draconian legislation that severely curtails our fundamental
rights are wholly incompatible with the Mauritius principles. Finally, the
article suggests that we are somehow disengaging from the political
discourse. Nothing could be further from the truth. We are suspending our
involvement in the electoral process pending Zimbabwe's compliance with the
Mauritius principles. That is very different to suspending our involvement
in the political process. We are actively identifying candidates for the
2005 parliamentary election. We will be vigorously participating in
Parliament and organizing our structures in anticipation of the Mugabe
regime being forced to comply fully with these wonderful new SADC standards.

Ends
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VOA

Zimbabwe Prepares New Electoral Laws
Peta Thornycroft
Harare
08 Sep 2004, 16:56 UTC

The Zimbabwe government has prepared new laws on elections that will change
some of the ways in which future voting is managed. Elections will be run by
what the government describes as an independent electoral commission, but
the opposition says its personnel will be appointed by a bureaucracy
controlled by President Robert Mugabe.
The daily Herald newspaper published extensive detail Tuesday on new
electoral laws it says will soon go to parliament.

Zimbabwe is scheduled to hold into general elections next March. In the last
two national elections the opposition Movement for Democratic Change
challenged the results in court, citing flawed election laws, fraud and
political violence.

The Herald, which is usually reliable in its reporting on the government's
intentions to change legislation or introduce new laws, says a new
independent electoral commission will manage some aspects of the polls, but
not voter registration.

It says some electoral commissioners will be appointed by the parliament, in
which Mr. Mugabe's Zanu-PF party has the majority. Senior public servants
appointed by Mr. Mugabe will decide on other members of the electoral
commission.

Voter registration will continue to be done by the Registrar General, who is
also appointed by the president.

Under the proposed laws, access to the public media, mainly the Zimbabwe
Broadcasting Corporation, which controls the only television channel and all
radio outlets, will only be available to all political parties during the
five-week election period.

Opposition legal spokesman David Coltart said Wednesday that the new laws
are meaningless.

He says none of the new laws announced in the state press comply with
principles Mr. Mugabe agreed to at the summit of the Southern African
Development Community in Mauritius last month.

The Movement for Democratic Change has suspended participation in all
elections until Zimbabwe's electoral laws embrace all principles adopted by
the regional group for free and fair elections.

The announcement of new electoral laws comes at a time of renewed political
tension ahead of the opposition party's fifth anniversary celebrations this
weekend.

On Tuesday, riot police raided the party's two offices in the second city,
Bulawayo, saying they were looking for subversive material.

Before dawn Wednesday, police detained veteran constitutional reformer
Lovemore Madhuku, a law lecturer at the University of Zimbabwe.
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8 September 2004

 

MDC Statement regarding the report of the publication of the Zimbabwe Electoral Commission Bill

 

The MDC notes from the Herald report dated 8 Sept 2004 that the Mugabe regime has “adopted” a new Zimbabwe Electoral Commission Bill. We note that the Herald reports that the Bill was “anxiously awaited” and that it seeks to establish an “independent electoral body”.  We agree that Zimbabweans have been anxiously awaiting an independent electoral body for 24 years and the publication of this Bill is an admission by the regime that our elections have not been conducted by an independent body up until now.

 

We are also deeply satisfied by the fact that our extensive efforts exposing the fraudulent and unfair nature of our electoral system are finally starting to bear fruit.  No matter what spin is put on the story by the Mugabe regime the fact remains that the publication of this Bill is in direct response to our efforts within Zimbabwe and in the region to bring about democratic changes to our electoral system.

 

Be that as it may, from our reading of the Herald report it appears as if the proposed Bill is nothing more than another cynical attempt by the Mugabe regime to pull the wool over the eyes of Zimbabweans and international community.  Final comment will have to await our reading of the actual text of the Bill but if the Herald report is accurate this Bill will not result in an independent electoral body being established and an electoral process which will comply with the SADC Principles and Guidelines governing Democratic Elections recently adopted in Mauritius.

 

Firstly, it is quite clear that the Zimbabwe Electoral Commission Bill will not alter the Registrar General’s involvement in the electoral process.  It appears as if the registration of voters will still be done by the Registrar General’s office and the Registrar General’s office will still actually run the elections.  It is no secret that the Registrar General’s office, especially under Mr Mudede, is a partisan body and has been the primary means used by the Mugabe regime to subvert the electoral process.  For so long as the Registrar General’s office is involved in running the elections they will not be a free and fair.

 

It is important to note in this regard that section 7.3 of the SADC Principles compels member states to “establish impartial, all-inclusive, competent and accountable national electoral bodies” to run elections.  The Registrar General’s office does not meet any of these criteria.  It is biased, excludes any representation from the opposition or civil society, is incompetent and is only accountable to the President.  The new Zimbabwe Electoral Commission Bill does not address these concerns.

 

Secondly, despite what it says, the new Zimbabwe Electoral Commission will not be independent.  The Herald report itself says that the President will point the chairperson of the Commission after consultation with the Judicial Services Commission, and four others will be chosen from a list of seven nominees submitted by the Parliamentary Committee on Standing Rules and Orders.  The Judicial Services Commission, as it is presently constituted, is dominated by Presidential appointees.  So it is quite clear that the chairperson of the Commission, an all-important position, will be chosen by an interested party, namely the President.  The Parliamentary Committee on Standing Rules and Orders is dominated by ZANU PF and so the seven nominees the President has to choose from will inevitably be predominantly made up of people acceptable to ZANU PF.

 

Once again the composition of the Zimbabwe Electoral Commission itself simply does not meet the standard imposed by section 7.3 of the SADC Principles to have an impartial electoral commission.  The fact that the Bill states that the commission will be independent does not make it independent.  It is also pertinent to note that section 7.1 of the SADC Principles states that member states are to “ensure the scrupulous implementation” of the Principles.  This means that member states are not to engage in trying to pull the wool over people’s eyes. When it says that the national electoral body must be impartial and all-inclusive then it must be so.

 

Thirdly, it is clear from the report that the Mugabe regime has no intention of ensuring that all political parties have equal opportunity to access the state media.  The report states that the Zimbabwe Electoral Commission may devise regulations for reasonable and equal access by political parties to radio and television broadcasting services during an election period.  There is no doubt that this is a cynical attempt by the Mugabe regime to confine the access of opposition political parties to the ZBC to a narrow window of time just before the holding of an election which can be as little as five weeks in terms of the Electoral Act.

 

The SADC principles use the phrase “electoral process” rather than the phrase “election period” used in this Bill.  There is a very important difference between the two phrases.  The phrase “electoral process” is much wider than the phrase “election period” and includes the period when, for example, voter registration takes place.  In other words it includes the entire process running up to an election such as is taking place in America at present.  In the Zimbabwean context it certainly includes the present time when the general public is living in anticipation of an election to be held next year.  In other words the SADC Principles oblige member states to allow equal opportunity for all political parties to access state media throughout the entire electoral process, and not just immediately prior to the election.  The proposed provisions in the Bill clearly do not meet the SADC standard and are yet another example of an attempt by the Mugabe regime to deny the opposition access to the media and yet at the same time to make a token attempt to comply with the SADC Principles.

 

Fourthly, the report shows that the Mugabe regime has no intention of reverting back to the provisions that applied prior to 2002 regarding voter education.  Since 2002 the regime has sought to prevent civil society from engaging in voter education.  The proposed Bill appears to contain very similar provisions to the controversial NGO bill in that it effectively bans NGOs from using foreign donations to fund voter education activities.

 

These provisions are in direct conflict with sections 2.1.8 and 7.4 of the SADC Principles which enshrine the right of all citizens to engage in voter education in pursuit of their human and civil liberties including their rights of freedom of movement, assembly, association and expression.

 

From the Herald report it appears that the Bill is silent on a whole range of other obligations member states have to implement to ensure compliance with the SADC Principles.  For example, section 4.1.4 of the SADC Principles speaks of the existence of an updated and accessible voters’ roll.  The Herald report is silent about this particular obligation and if the utterances in Parliament by the Minister Justice recently are anything to go by the opposition will continue to be denied access to an electronic copy of the voters’ roll.

 

Furthermore the SADC principles oblige member states to protect freedom of association, ensure that adequate security is provided to all parties and to foster a climate of political tolerance.  These proposed changes make no mention of any proposed amendments to POSA and AIPPA which are necessary if the SADC Principles are to be complied with.  There is no mention in the report that the Mugabe Youth Militia will be disbanded.

 

In conclusion it will be quite clear to Zimbabweans and to Regional Governments that this proposed Bill does not bring about any meaningful change to Zimbabwe’s authoritarian and draconian electoral laws and environment.  If the Mugabe regime is serious about complying with SADC Principles then it will have to go back to the drawing board prior to the commencement of Parliament in October.

 

David Coltart MP

MDC Secretary for legal affairs

 

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Nelson Chamisa, the MDC youth chairman and legislator for Kuwadzana Constituency in Harare, arrested in his constituency about two and half hours ago, has been moved from Kuwadzana police station to Marimba, Mufakose in Harare. Chamisa was forced to leave his vehicle at Kuwadzana 2 police station and bundled in police truck escorted by police officers from the anti-riot unit, the Riot Squad.
Chamisa's colleague, Paurina Mpariwa, the MP for neighbouring Mufakose Constituency who rushed to Kuwadzana with a "bottle of water and some food" said the youth chairman was frantically trying to get a clear message, sadly without success, from the police as to why to the reasons for his arrest.
Mpariwa is now on her way to Marimba to monitor the situation and to obtain more information on Chamisa's fate.
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SABC

Zimbabwe police charge rights leader over march

September 08, 2004, 20:21

Zimbabwe police charged the leader of a civic rights group today with
breaching security laws over a protest last week against a proposed law
barring foreign rights groups, his lawyer said. Lawyer Alec Muchadehama said
police released Lovemore Madhuku, the National Constitutional Assembly (NCA)
chairperson, after detaining him for nearly 12 hours and charging him with
trying to hold a march without police approval.

"Police said they were carrying out further investigations, after which
Madhuku might be summoned to court," he said. The NCA - a coalition of human
rights groups, political parties and student and church organisations -
organised the march last week to protest against the planned new law, which
would block foreign funding for local bodies.

Earlier, Wayne Bvudzijena, a police spokesperson, said they wanted to
question Madhuku about a petrol bomb police say they discovered during the
march and his role in the protest. "We want to find out whether he was the
convener of the demonstration last week," Bvudzijena said. "There was a
person who had a petrol bomb which was recovered during the demonstration so
we are questioning Madhuku about it."

Police arrested 44 activists during the march and charged them with
breaching Zimbabwe's Public Order and Security Act. They were freed after
paying fines. The NCA has lobbied for constitutional reforms in Zimbabwe
since 1999. President Robert Mugabe's government accuses some
non-governmental organisations (NGOs) of working with Western nations to
undermine his rule.

Mugabe has said the proposed law would help rationalise the NGO sector,
which he says has been used as a conduit for foreigners to interfere in
Zimbabwe's affairs. Rights groups have slammed the law, part of a package of
laws proposed by the 80-year-old veteran leader.

They say the laws are intended to undercut opposition ahead of next year's
parliamentary elections and muzzle government critics. - Reuters
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JAG CLASSIFIED: Updated 7th September 2004

Please send any classified adverts for publication in this newsletter to:
JAG Classifieds: jag@mango.zw
--------------------------------------------------------------------------

1.  Advert Received 1st September 2004

Kwikpay is still able to offer payments for DSTV in Zimbabwe Dollars.

Please contact us if you are interested in using our services on the
following:

Tel/Fax: 495433 (mornings)
Patrick Cochran - 091 274327
Kathi Jordan - 091 606394
Email: tpc@mweb.co.zw
______________________________________________

2.  Advert Received 1st September 2004

Russell Lister
Pat Lister P/L
P.O. Box 34
Mvurwi

Attention all Wheat Growers

Your wheat is no longer automatically insured for hail and fire damage. To
have this cover you will need to have your own insurance policy. Please
contact Listers on (04) 732138 or send and email to listers@zol.co.zw to
get a proposal form.
 ______________________________________________

3.  Advert Received 2nd September 2004

ZimConservation is actively seeking information and reports from current
and former game farmers and conservancy workers to find out how the recent
land seizures have affected operations, the wildlife and habitats on these
farms. This information will eventually be used to assess the impact of the
land reform on the conservation and wildlife sector. Email Brian Gratwicke
zimconservation@yahoo.com with your reports or to set up a telephone
interview.  See www.zimconservation to find out more about this new group.
______________________________________________

4.  Advert Received 3rd September 2004

"LOWRY ORGAN FOR SALE

PLEASE PHONE 0628-44206 (SELOUS) / 011-408133 / 011-422087 or e-MAIL:
twinds@zol.co.zw
 ______________________________________________

5.  Advert Received 4th September 2004

TO RENT

Beautiful little home very close to Avondale shops, fully furnished. Can
rent week by week.  Phone Kathy Hull 302138

FOR SALE

Beautiful mukwa kitchen units for large kitchen. Phone Kathy Hull.  302138
______________________________________________

6.  Advert Received 6th September 2004

Books:

COLLECTION OF WILBUR SMITH AND OTHER MISCELLANEOUS BOOKS INCLUDING BIBLES
AND OTHER BIBLICAL BOOKS - CHILDREN'S BIBLE STORIES.
BOOKS - DICTIONARIES -COLLIERS, x SET OF 2
BOOKS - SET OF COLLIERS JUNIOR CLASSICS x 10 VOLUMES
BOOKS - ENCYCLOPAEDIAS - BRITANNICA A-Z (OLD)
BOOKS - SET OF "THE TREASURE CASKET" x 8 VOLUMES

Household Furniture:
BED- SINGLE HEADBOARD, DARK OAK/ DRALON & DRESSING TABLE-NEW ...... Z$2,5 M
BEDS- TWIN, HEADBOARDS, BASE/MATTRESSES & DRESSING TABLE .............
Z$1,5 M
BED - SINGLE HEADBOARD, BED & BASE
.......................................................... Z$1 M
BEDROOM SUITE- SOLID OAK TWIN BEDS/ DRESSING TABLE - AS NEW ...........
Z$5 M
BOOKCASE - OAK
...........................................................................
.................... Z$250 000
CANE PLANT/POT HOLDER
...........................................................................
...... Z$300 000
CANE CUPBOARD with 2 doors, brown & cream
.................................................... Z$800 000
CHAIRS - CHILDREN'S FOLDING CHAIRS x 2+ FOLDING TABLE - Mukwa .............
Z$300 000
CHAIRS - CASUAL, PARK ER KNOLL & FOLDING WOODEN ..................... from
...Z$175 000
COFFEE TABLE & 4 SIDE TABLES - IMBUIA set
................................................. Z$600 000
DINING RM SUITE-RND TABLE/6 CHAIRS/WELSH DRESSER - SOLID OAK ...........
Z$10 million
FRIDGES 6 to 14 Cu. Ft from
...........................................................................
..... Z$1,2 M
HEAD/FOOT BOARDS - SOLID WOOD FOR SINGLE BEDS
HEATER - OIL 9 FINS
...........................................................................
................ Z$650 000
LOUNGE SUITE- OLD OAK 3 SEATER & 2 CHAIRS
............................................... Z$4 M
PIANO - BABY GRAND OTTO BACH Price on enquiry
PICTURES in FRAMES - VARIETY from
................................................................. Z$25 000
STOVE 3 & 4 Plate from
...........................................................................
...........  Z$1,4 and 1,8 respectively
TABLE - SQUARE & SMALL HALF MOON each
.................................................... Z$130 000
TEA TROLLEY - OAK with tray
...........................................................................
.. Z$1,2 M
TOASTER - Kenwood 4 slice
...........................................................................
...... Z$ 150 000
WRITING BUREAU-SOLID WOOD
.........................................................................
Z$450 000

Office Furniture:

DESK-165cmsx 105cms- SOLID DARK WOOD, EXECUTIVE WITH RED LEATHER TOP
9 Drawers -
...........................................................................
................  Z$ 2,5 million
DESK - 73cms x 103cms, 3 Drawers
.................................................................  Z$450
000
CUPBOARDS - STATIONERY - SOLID WOOD x 2, 90x90x44cms
.........................  Z$475 000 ea

Machinery
ELECTRIC MOTOR - 2 HP; SINGLE PHASE 4 POLE (1440 RPM) 220 VOLT ... NEW
BEARINGS, STARTER SWITCH, CAPACITORS. Z$1,2 MILLION

Sporting:

Water Skis
...........................................................................
................................. Z$150 000

Reasonable offers considered:

Phone: Ruth Palmer on 301477

or Call
41 Coull Drive
Mount Pleasant
Harare
---------------------------------------------------------------------------
For the latest listings of accommodation available for farmers, contact
justiceforagriculture@zol.co.zw
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VOA

Zimbabwe's Private Schools Open for Final Term
Tendai Maphosa
Harare
08 Sep 2004, 13:59 UTC

All private schools in Zimbabwe have reopened for the final school term, but
some still face an uncertain future because government approved fees fall
short of meeting their budgets.
The schools opened on schedule this week. There were doubts that some of the
schools would continue operating because their costs exceed the amounts
raised from the fees imposed by the government last term.

Most prominent among them is Eaglesvale school, one of the country's oldest
schools, which had placed itself on provisional liquidation as it could not
meet its expenses.

The school was thrown a lifeline when the Education Ministry revised its
fees upwards. Ministry Secretary Stephen Mahere told the government daily,
The Herald, that the ministry could not allow the school to close.

But Eaglesvale board of trustees chairman Deon Theron says the new fees are
still not enough and the school remains on provisional liquidation. He hopes
parents will make more donations.

The Association of Trustee Schools is the umbrella body of private schools.
Its chairman, David Long, says most of the students' parents are paying the
difference between expenses and the government approved fees to keep the
schools going. He says, "Schools are wholly dependent on the goodwill of
parents."

Mr. Long says schools continue to appeal to the ministry to relax its fee
schedule. But he says the government appears to be sticking to its
requirements and schools will need to apply for an increase in 2005. He says
this means some schools remain under threat of closure in Zimbabwe's
hyperinflationary economy.

The government says it capped fees because the schools tried to exclude
black children. But the schools deny the allegation, pointing out that the
majority of their pupils are black. The children of Zimbabwe's elite,
including government ministers, attend private schools.

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Angola Press

Zimbabwe imports farm equipment from Iran

Harare, Zimbabwe, 09/08 - Agriculture officials in Zimbabwe said Tuesday the
country had ordered hundreds of tractors and combine harvesters from Iran to
back up the government`s controversial land reforms.

The first consignment of 23 combine harvesters, worth millions of dollars,
arrived in the southern African country from Iran Tuesday, and officials
said over 400 other farm equipment, including tractors, were on their way.

"The equipment is going to play a major role in strengthening the ongoing
agrarian reforms, and will be available for use by new farmers," said Joseph
Matowanyika, head of a state-owned farming group.

"Other consignments of the equipment is on the way and in total we are
getting 430 tractors and combine harvesters from the Islamic Republic of
Iran," he revealed.

He did not, however, give a value for Zimbabwe`s order of the farm
equipment, but Iran has given the country a US$15 million agricultural
grant.

The southern African country has seized thousands of farms from white
farmers, who owned the bulk of the country`s arable land, to resettle
landless Black peasants to economically empower them. But lack of equipment
has constrained most resettled farmers, forcing the government to seek
credit lines and other support from friendly countries.
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Some Tobacco Farmers Fail to Repay Trust Loans

The Herald (Harare)

September 8, 2004
Posted to the web September 8, 2004

Harare

SOME farmers who benefited from the Tobacco Growers Trust (TGT) revolving
fund have failed to repay loans threatening the continuity of the scheme in
the coming season.

Farmers in default have been given September 15 this year as the date by
which they should have settled their dues.

"All farmers who were funded by TGT are expected to have paid their dues in
full by 15 September 2004.

"Farmers are reminded that the money borrowed is a revolving fund," said TGT
in a statement.

TGT has not said how much is still outstanding but it is understood to be
running into millions of dollars.

It is however, surprising that TGT failed to make use of the stop order
facility when farmers delivered their crop to the auction floors during the
selling season, which closed last week.

During the selling season farmers complained that some of the firms which
had been supporting them in growing the crop were deducting their funds
straight from proceeds realised at the auction floors.

Reasons for failing to repay loans vary but most of the farmers' produce was
below what they had anticipated.

Some of the farmers had borrowed the funds thinking that the loans would be
spread over a long period of time.

TGT has shown how desperate it was to recover the loans from the tobacco
growers by threatening the defaulting farmers with prosecution.

"The names of farmers who will have not paid by 15 September 2004 will be
published together with the association they belong to, amounts owed in this
publication and prosecution will follow."

Associations affiliated to TGT include Zimbabwe Tobacco Association (ZTA),
Zimbabwe Association of Tobacco Growers (ZATG), Air Cured Tobacco
Association (ACTA) and the Zimbabwe Farmers Union (ZFU).

It is, however, the small scale farmers most of whom have less than five
years history in growing the crop, who benefited from the fund.

Some of the farmers got as much as much as $20 million towards the growing
of the crop. Some of the farmers argue that the agreement they entered into
with TGT was that the deductions were to be staggered over two seasons.

This is how they may have evaded the deductions on their earnings on the
auction floors.

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If a soccer team arrives at an opponent's stadium for a match only to find
that the opposing team has twenty men on the pitch, the referee is wearing
that team's colours and their fans start throwing bottles as the bus pulls
into the parking lot, such a team would be well-advised to get back on the
bus and get the hell out of there. For the host team to then crow that they
'won' the match would be laughable.

So why then do supposedly reputable and non-partisan news services like IRIN
report that zanupf 'won' Seke? They did no such thing except in the lexicon
of zanupf and its mouthpieces.

M
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Fuel Supplies Returning to Normal

The Herald (Harare)

September 8, 2004
Posted to the web September 8, 2004

Harare

THE fuel supply situation in the country, particularly in Harare, is
returning to normal after the meeting between Reserve Bank of Zimbabwe (RBZ)
officials and their Petroleum Marketers' Association of Zimbabwe
counterparts.

There was virtually no sign of the queues that had started to form at most
filling stations over the last few days as panic over a possible return to
the days of fuel shortages began to set in.

Some of the filling stations visited by The Herald had petrol only, while
others were selling diesel only with a few selling both.

Most of the filling stations that had fuel were those that draw their
supplies from multinational oil companies such as BP & Shell, Mobil, Caltex
and Total.

Trucks from oil companies such as BP & Shell and Exol were yesterday busy
delivering fuel to various filling stations in and around the CBD.

The fuel situation in the country is expected to improve further today as
resolved on by the Reserve Bank and Petroleum Marketers' Association
officials at their meeting on Monday.

During the meeting, the petroleum marketers agreed to ensure that the fuel
situation in the country returns to normal within a 48-hour period, which
ends today.

This was after the RBZ availed US$10 million on Monday night to the industry
through the Special Purpose Vehicle fund to unlock the fuel which was
already in the country, but had been bonded by external suppliers.

Representatives from the industry immediately indicated that they would be
able to roll out 12,4 million litres of diesel and 13,2 million litres of
petrol onto the market within the 48-hour period.

The two sides also came to an agreement that problems in the supply of fuel
in the country should not be blamed on foreign currency as figures of
foreign currency allotted to private oil companies by the central bank for
fuel procurement purposes showed that the amounts were more than enough to
purchase sufficient fuel supplies for the country.

A synopsis given by Reserve Bank Governor Dr Gono showed that a total of
US$248 million was availed to private oil companies within the first eight
months of the year, which translated to about US$34 million every month, a
figure slightly above the amount required every month.

Current consumption levels showed that about US$30 million was required per
month to import adequate fuel supplies.

The demand had gone down from the previous US$40 million, when the economy
was operating at full throttle.

"This means that it is something beyond the availability of foreign
currency.

"We need to be more serious in the manner we do things because gone are the
days when we have to blame everything on foreign currency shortages.

"We are not saying that we are out of the woods yet in terms of the
availability of foreign currency in the country, but we have to be
realistic," Dr Gono told journalists on Monday.

Petroleum Marketers' Association representative Mr Roderick Kusano confirmed
that they had been receiving foreign currency allocations from the central
bank to import enough fuel.

He said the problems they were facing had to do with logistics and
transport, pointing out that some suppliers were facing difficulties in
transporting fuel from Feruka in Mutare to different parts of the country,
which was causing delays in supplies.

Another representative of the association, Mr Steve Mpofu, said another
reason for the shortage was the complete termination of supplies to
companies procuring fuel from Sasol in South Africa, which shut down
operations recently owing to problems with its refinery.

He said the company, which had just resumed operations, on Monday announced
that it had suspended all fuel exports.

The central bank governor criticised some of the private players in the
industry for abusing foreign currency meant for fuel procurement.

Dr Gono said that out of the over 70 oil companies participating on the
auction market, only about 10 had distribution networks.

He also revealed that the National Oil Company of Zimbabwe had been sitting
on US$20 million allocated to it for the procurement of fuel over the last
two months and had not given a convincing explanation for not utilising the
funds.

In order to keep track of the situation, the governor announced a series of
measures that would be put in place by the bank to monitor allocation of
foreign currency for fuel procurement and its usage.

The Ministry of Mines and Energy announced that all registered private oil
companies that accessed foreign currency from the auction system should,
within 48 hours, present themselves at its offices to account for what they
did with the money they were allotted.

Dr Gono said those companies, which failed to account for their allocations
would lose their licences while the Reserve Bank would press criminal
charges against them.

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