http://www.swradioafrica.com
By Tichaona
Sibanda
12 April 2012
President Robert Mugabe returned to Harare early
on Thursday, amid fresh
rumors about his health after spending almost two
weeks on a private visit
to Singapore.
Despite the long haul flight
from Singapore, via Johannesburg, Mugabe
chaired a cabinet meeting that
started soon after 10am.
He went to Singapore on 31st March on what was
officially described as a
visit related to his daughter’s education. But
analysts believe he was
continuing treatment for an undisclosed form of
cancer.
SW Radio Africa is reliably informed Mugabe may have had an
‘episode’ at his
home and was flown to Singapore as a matter of urgency. His
decision to
cancel two cabinet meetings, as well as a special ZANU PF
politburo meeting,
fueled speculation that he had encountered health
problems.
During his absence there was also a flurry of claims that he
had secretly
agreed to a succession deal that would see him hand over power
to Defence
Minister Emmerson Mnangagwa, something the ZANU PF strongman
denied.
Rumours have been rife after an online publication, The Zimbabwe
Mail,
claimed that Mugabe was battling for life in a Singapore hospital.
Citing
what it called a credible senior ZANU PF source, the publication went
as far
as reporting that the 88 year-old leader was on his ‘deathbed’
surrounded by
his family.
However as it became clear that Mugabe was
back in Harare, looking fit, the
publication issued an apology and went as
far as making changes to its
editorial team.
The visit to Singapore
was the tenth by Mugabe in the last eighteen months,
costing tax payers
about $3 million a trip.
A significant break in tradition was that Mugabe
did not address the state
media on his return as he usually
does.
‘The state radio bulletins were reporting that Mugabe was
apparently running
when he got off the plane, but it’s clear from pictures
and TV footage that
he was being aided to walk to his car.
‘From the
plane the first lady, Grace, held his hand firmly and helped him
negotiate
the stairs. Once on the tarmac Vice-President Mujuru helped him
walk to his
car and the only time he walked unaided was when he greeted the
service
chiefs, which was a mere three metres from his presidential
limousine,’ our
correspondent Simon Muchemwa said.
Meanwhile Information Minister Webster
Shamu on Wednesday summoned editors
from private newspapers to complain
about reports on Mugabe’s reported
health woes.
The Chegutu West ZANU
PF MP and party commissar ordered scribes from NewsDay
and the Daily News to
his office on Wednesday morning and gave them a
dressing down, according to
reports.
Why Shamu targeted the independent media is yet another example
of how badly
his ministry is fumbling its public relations,’ a PR expert
said.
‘The silence has been deafening in itself. In today’s world,
silence is
perceived as arrogance. And the more the public was kept in the
dark, the
more frenzied the speculation,’ the expert who asked not to be
identified
said.
He said Shamu and ZANU PF spokesman George Charamba
should take cue from
former South African President Nelson Mandela’s media
team.
‘In 1994, soon after Mandela’s inauguration, his office informed
the world
he was undergoing surgery to remove a cataract. When he received
radiotherapy for prostate cancer in 2001, his office assured the nation that
his life span is unlikely to be reduced.
‘As Mugabe is head of State,
I think it is also is regrettable and
inexplicable that his party insist
that anything to do with his medical
condition should be treated as private
and confidential. This fosters
rumour-mongering, like what has just
happened,’ the expert added.
http://af.reuters.com/
Thu Apr 12, 2012 11:36am
GMT
Print | Single Page
By Nelson Banya
HARARE
(Reuters) - President Robert Mugabe returned home on Thursday,
looking fit
after a trip to Singapore that had ignited speculation the
veteran
Zimbabwean leader was seriously ill.
The 88-year-old President, who has
ruled the southern African country for
more than three decades, landed at
Harare's main airport in a chartered
plane accompanied by his wife
Grace.
Information minister Webster Shamu blamed western media for
spreading
rumours about Mugabe's health. Media had speculated that Mugabe
went for
vital medical attention in Singapore where he travelled for
check-ups eight
times last year.
"As you can see, he is fit as a
fiddle. Why do we spread rumours? It's all
lies told by a press driving an
imperialist agenda," Shamu told a group of
reporters at the
airport.
Three hours after his arrival just after 7 a.m. (0500 GMT),
Mugabe was
chairing a weekly cabinet meeting that rescheduled from Tuesday,
senior
government officials told Reuters.
Mugabe went round the
cabinet room greeting and laughing with ministers,
including those from the
Movement for Democratic Change (MDC), led by his
bitter rival Prime Minister
Morgan Tsvangirai, the officials said.
Mugabe and Tsvangirai share power
in a fragile coalition formed three years
ago.
A Reuters reporter had
earlier seen Mugabe at the airport joking and
laughing with Vice President
Joice Mujuru, a possible successor.
The former guerrilla leader has been
the subject of several health scares,
with some reports saying he has
prostate cancer, but in February interviews
with state media he laughed off
suggestions that he was seriously ill.
Mugabe and close aides have kept
his health a closely guarded secret.
Some members of his ZANU-PF party
are afraid that, should Mugabe die in
office without settling a bitter
succession battle, the party could erupt in
internal conflict and
destabilise the country.
Although ZANU-PF officials rally behind Mugabe
in public, in private many
want him to retire and pass the baton to a
younger person as they fear his
advanced age may cost the party victory in
an upcoming election.
But while some ZANU-PF members see Mugabe as a
political liability, they
recognise him as the only person able to control
the highly partisan
Zimbabwean army led by veterans of the 1970s
independence war.
Many are also unsure whether his potential successors
can defeat ZANU-PF's
most formidable opponent, Tsvangirai, in a free
election. Elections must be
held by next year under the terms of their
power-sharing deal.
http://www.zimdiaspora.com
Thursday, 12 April 2012 11:13
By
Staff Reporter
THE Zimbabwe Mail has fired one of its editors for writing
a story basing on
rumours that President Robert Mugabe was on a deathbed in
Singapore.
The sacking comes as Mugabe returned home Thursday morning,
looking frail
although his close officials say he is as fit as a
fiddle.
The Zimbabwe Mail offered a public apology to Mugabe and his
family for
publishing falsehoods.
http://www.dailynews.co.zw
Written by Xolisani Ncube, Staff Writer
Thursday, 12 April
2012 14:55
HARARE - Zanu PF secretary for administration Didymus
Mutasa says it will be
abnormal and not possible for Defence minister
Emmerson Mnangagwa to succeed
President Robert Mugabe ahead of the party’s
two vice presidents and
national chairman.
Mutasa, who is also
minister of State in Mugabe’s office, refuted claims by
a London newspaper
The Sunday Telegraph that Mugabe had reached a “gentleman’s
agreement” with
the Midlands “godfather” to hand over power to him if he
manages to
successfully campaign for the 88-year-old in the next
presidential
election.
Constitutional experts have also said it is not possible for
Mnangagwa to
take over from Mugabe ahead of many other aspirants and
constitutional
obstacles.
The tough-talking Mutasa, who as secretary
for administration in Zanu PF
holds the equivalent of Tendai Biti’s
secretary general’s position in MDC,
is fifth in the party hierarchy while
Mnangagwa is believed to be a distant
11th.
Mutasa said Mnangagwa was
no way near the throne — placing vice presidents
Joice Mujuru and John Nkomo
as better candidates both in seniority and
capacity to lead the former
ruling party.
Mutasa said it would be abnormal for Mnangagwa to be
catapulted to the
presidency ahead of Mujuru or Nkomo as the two have better
chances than the
much-touted lawyer-cum-politician.
“We have a
hierarchy that we follow as a party, Mai Mujuru is better placed
as well as
John Nkomo or even SK Moyo, and those are the people who can take
over
today. But why are we talking about this when the President is still
there?”
Mutasa told the Daily News yesterday.
Mutasa is a powerful figure in Zanu
PF. Mugabe himself has occupied the same
position of secretary- general as
was the late fiery national hero Edgar
Tekere.
The
secretary-general’s post was scratched and replaced by secretary for
administration. Mnangagwa has in the past occupied the
position.
According to The Sunday Telegraph, Mnangagwa is being groomed
to take over
both as party and state leader after the next polls, whose date
is yet to be
set.
He has long been touted as a favourite front-runner
ahead of Mujuru, who
with her late husband, were reported to be leading
another faction gearing
to replace Mugabe.
Mujuru’s husband Solomon,
died last year in a mysterious fire at his
Beatrice farm house — leaving the
first female vice president in the country
without a shield and a helper to
rise to the top.
Mutasa said if it was Mnangagwa who is funding the
“baseless” succession
agenda, he was putting unnecessary political pressure
on the octogenarian
leader.
“Whoever is funding that agenda, has a
wrong motive he should not be allowed
to continue doing so, because it is
against our culture as Africans,” Mutasa
said.
"The president is
still there and we as Africans are well cultured such that
we don’t talk
about replacing someone when he is alive. It is a Western
culture.”
Political analysts said the Chirimanzu-Zibangwe MP has no
national appeal to
turn around the flagging fortunes of the ex-ruling party
which is currently
battling to win hearts and minds of the
majority.
Mnangagwa has been accused of using state machinery including a
military
helicopter to travel to rural areas to pursue factional
politics.
John Makumbe, a University of Zimbabwe political science
lecturer told this
paper that Mujuru could actually give the MDC leader
Morgan Tsvangirai a run
for his money than Mnangagwa.
A few weeks
ago, he travelled to Bikita to attend a ceremony at which
Munyaradzi Kereke,
the former advisor to the Reserve Bank of Zimbabwe
governor, Gideon Gono was
launching a mobile clinic and donating food.
A few days later, Mnangagwa was
in the air again with the helicopter
travelling to Chivi to attend the
graduation ceremony of a granddaughter to
former Masvingo governor, Josiah
Hungwe. This has riled the Mujuru faction.
John Makumbe, a University of
Zimbabwe political science lecture told this
paper that Mujuru could
actually give the MDC leader Morgan Tsvangirai a
good run for his money than
Mnangagwa.
“I think it will be unwise for Mugabe to hand over power to
Mnangagwa
because he is not popular within Zanu PF and he can’t win the
hearts and
minds of the people at large.
“I would advise Mugabe to
give Mujuru as she has no history of violence and
she is one person who is
democratically minded, she hates violence and has
an open door policy to
other political players,” Makumbe observed.
http://www.radiovop.com
Harare, April 12, 2012 - Zimbabwe Prime
Minister Morgan Tsvangirai on
Wednesday dispatched an envoy to Angola to
brief its leader on problems
dogging Harare’s inclusive
government.
Jameson Timba, the Minister of State in the Prime Minister’s
Office, is
expected to meet Angolan President Eduardo Dos Santos and other
government
officials.
This comes amid a widening rift in the
coalition government with Zanu (PF)
ministers openly defying
Tsvangirai.
Youth, Indigenisation and Economic Empowerment minister
Saviour Kasuwere
openly called the PM a puppet and led a boycott of a
Council of Ministers
meeting last week.
Dos Santos is the current
chairperson of the Southern African Development
Community (SADC). The
regional body is mediating in the political
disagreements between Zimbabwe’s
three governing parties.
Zanu (PF) has been threatening to abandon the
SADC brokered inclusive
government accusing its coalition partners of
delaying a constitution making
exercise.
Timba is also expected to
meet the Angolan Foreign Affairs ministry
officials including the State
secretary Manuel Augusto.
“Angola, as a brother country, we will inform
on the current political
situation in Zimbabwe,” he told state media on
arrival.
He said Angola must be kept abreast of political and economic
developments
in Zimbabwe as the current SADC chair.
SADC is likely to
challenge President Robert Mugabe’s insistence to hold
elections without
reforms as it is contrary to the power sharing agreement
that established
the inclusive government.
http://www.newzimbabwe.com
12/04/2012 00:00:00
by Staff
Reporter
THE recent hike in various mining fees and royalty payments
by as much as
8,000 percent was unconstitutional, Parliament’s legal
committee has said.
Industry executives were outraged by the fee hike
announced in January which
among other things saw registration charges for
platinum and diamond claims
rise to $2.5 million and $5 million,
respectively.
In its latest report, the Parliamentary Legal Committee
(PLC) which gives a
legal opinion on the constitutionality of all laws and
statutory instruments
gazetted in the country said the statutory instrument
giving the increases
legal force was also illegal.
“It is pertinent to
note that in the case of application fees, they are non
refundable,” the
committee said.
“There is no regard to whether the application would
succeed or not; yet
they range from a minimum of $5 000 for an application
for registration as
an approved prospector to a maximum of $1 million for an
application fee for
diamonds.
“Generally, the fees imposed by the
statutory instrument are very hefty.
They impose a heavy financial burden on
citizens and non-citizens alike who
opt to invest in the mining
sector.”
Industry executives warned that the steep hikes would seriously
hurt
companies and undermine growth in a sector which has since overtaken
agriculture as the main foreign exchange earner, contributing $2.6 billion
to its $4.4 billion total export earnings in 2011.
"It's estimated
that 60 percent of every dollar earned in revenue goes to
the government,
making Zimbabwe one of the most expensive countries to
mine," Chamber of
Mines vice president, Allan Mashingaidze, told parliament
recently.
Meanwhile, the PLC also deplored the lack of consultation by
Mines Minister,
Obert Mpofu before gazetting the regulations.
“These
hefty fees have been imposed through a statutory instrument, with
little, if
not nil, input from ordinary Zimbabweans through their elected
representatives, the committee added.
“Legal instruments that impose
hefty financial burdens are more appropriate
for legislative enactment to
the extent that this is the only way that
ordinary citizens would be able to
have an input into the process through
their elected
representatives.”
The Mines Ministry recently said it was reviewing the
increases following
complains by the industry.
"The ministry is presently reviewing the impact of these
fees on the mining
sector," Prince Mupazviriho, the Ministry’s permanent
secretary told a
mining conference in Harare.
He offered no details on
whether the ministry might reduce the fees.
http://www.swradioafrica.com
By Alex
Bell
12 April 2012
ZANU PF has seized another of Zimbabwe’s few
remaining conservancies after a
four year legal battle, despite warnings
from parliament about the
destruction of these areas.
Magistrate
Jabulani Muzinyati last week ordered Terry Andres, John Taylor
and Grant
Hudson to surrender the Bikita based Savuli Conservancy to former
ZANU PF
deputy Minister for Gender and Youth, Shuvai Ben Mahofa.
Mahofa
originally grabbed the conservancy under Robert Mugabe’s land grab
campaign
in 2007 after she and former Bikita west ZANU PF legislator,
Retired Colonel
Claudius Makova, got an ‘offer’ letter to take over the
land. The
conservationists have been fighting ever since to try and keep the
property.
But their appeal against the land seizure was dismissed
last week and it is
understood that they have now been evicted from the
land.
This court decision follows a recent damning report by a
parliamentary
committee, which slammed the inclusion of conservancy land in
the land grab
campaign. The report, compiled by MPs and other government
officials, warned
that this has led to the destruction of important
conservation areas.
The report singled out top ZANU PF and military
officials as being
responsible for this destruction, stating that Zimbabwe’s
conservancies were
supposed to be restricted to indigenous ‘investors’ with
demonstrable
“interest and experience in wildlife conservation (as well as
the) capacity
for business development and ability to contribute to the
asset base.”
Johnny Rodrigues, the Chairman of the Zimbabwe Conservation
Task Force
(ZCTF) said the takeover of Savuli Conservancy has “nothing to do
with
conservation,” warning that the first thing that will happen is all the
animals will be killed.
“She (Mahofa) will kill all the animals and
make money off that and then
what? Then it will be something else. This is
all based on greed,” Rodrigues
said.
He explained that Mahofa already
has several properties that were awarded to
her “for supporting the regime.”
He also said the takeover of Savuli is
“criminal.”
“Even the Minister
of Environment has agreed that conservancies like Savuli
should be exempt,
but nothing is being done. These ministers and MPs say one
thing in
parliament, but nothing happens on the ground and it is
frightening,”
Rodrigues said.
The President of the Commercial Farmers Union (CFU)
Charles Taffs meanwhile
told SW Radio Africa on Thursday that the ongoing
seizure of land under the
pretence of either ‘reform’ or ‘indigenisation’
was destroying Zimbabwe’s
future.
“We have seen and continue to see
the consistent pull out of investment and
unless someone steps in stops
this, then Zimbabwe has no future,” Taffs
said.
http://www.swradioafrica.com
By
Tererai Karimakwenda
12 April 2012
A student activist at Masvingo
Polytechnic College has been ordered to pay
$150 after a magistrate
convicted him on assault charges, in a case that has
shocked the student
community.
Prosper Tiringindi was arrested back in February along with
four other
students who had demanded their money back for a course that was
cancelled
by the College. The students were initially charged with public
violence
which was later changed to assault and have always insisted they
were
innocent.
But according to Darlington Madzonga from the Students
Solidarity Trust
(SST), Tiringindi never made it on to the campus grounds on
the day in
question and three witnesses testified they were with
him.
“His defense is that he went with the others but was stopped by
security
guards at the gate,” Madzonga told SW Radio Africa. He explained
that
Tiringindi was targetted by the Principal at Masvingo Polytech because
he
speaks out for students and is a popular leader.
Madzonga said
that the other four students, Brighton Ramusi, Zivanai
Muzorodzi, Godfrey
Kurauone and Brian Chimwayi were acquitted last week
after the court ruled
there was no evidence linking them to any violence.
On Thursday a
Masvingo magistrate ordered Tiringindi to pay a fine of
$150.00 before the
31st April. He was also “warned not to commit another
offence” otherwise he
would be sent to prison.
The school had advertised a course in Tourism
and Hospitality which was
later cancelled and students who had already paid
were not refunded. The
five students approached the Dean demanding that all
students who paid be
refunded, but they were arrested and charged with
assault.
Madzonga said the activist will pay the fine but his lawyers
will appeal the
decision by the magistrate. The students who paid for the
Hospitality course
have still not been refunded and the school says the
course starts “sometime
next semester”.
http://www.radiovop.com
Bulawayo, April 12, 2012 -
Stanley Ncube, the opposition Zapu’s organising
secretary for Umguza
constituency in Matebeleland North was arrested on
Wednesday for campaigning
for “devolution of power” to be included in the
new constitution.
A
group of Zanu (PF) youths spotted Ncube distributing Zapu flyers at a
funeral in the area, calling people in Umguza constituency to vote “Yes” for
a new constitution which includes “devolution of power” in a referendum
expected in June. The Zanu (PF) youths then grabbed Ncube and handed him
over to two police officers who were also at the funeral, who then took him
to Inyathi police station.
Umguza constituency is under Zanu (PF)
legislator, Clifford Sibanda.
“Stanley was at a funeral in Inyathi area
of Umguza, and then he started
distributing flyers with Zapu logo calling
people in the region to vote a
constitution which include devolution power.
The next thing some men
believed to be Zanu (PF) grabbed and handed him over
to police officers who
were around, accusing him of causing alarm and
despondency,” said Mark
Mbayiwa the Zapu Matebeleland Regional
Coordinator.
Ncube was detained at Inyathi police station before taken to
Lupane police
station.
Matabeleland North police spokesperson Siphiwe
Makonese said she was not in
office.
Zimbabwe human rights
organisations, civic society groups, pressure groups
and other opposition
political parties have called for the urgent
implementation of “devolution
of power” in Zimbabwe to stop the continued
marginalisation of some
provinces.
They are saying “devolution of power” is the only way of
uplifting some of
the country’s provinces that have remained marginalised
since Independence
in 1980.
Some civic groups accuse the central
government of robbing resource rich
regions to develop preferred provinces,
notably Matabeleland which lags
behind in terms of
development.
However President Robert Mugabe and Zanu (PF) have dismissed
“devolution of
power” saying it will divide people of Zimbabwe and should
not be included
in the new constitution.
Thursday, 12 April
2012
Abisha Nyanguwo the MDC Chief of Staff has been remanded in custody
in Gweru
after the magistrate ruled that he will make a ruling on his bail
application tomorrow. Nyanguwo is facing flimsy charges of malicious damage
to property. The State is accusing him of bombing Zanu PF offices in Gweru
last December.
He was arrested earlier this week and has been
detained at Gweru Central
Police Station.
Today the magistrate
postponed the initial remand hearing as the State files
did not include any
witnesses. It was only in the afternoon when one
Archford Tambare was
included as the State witness. The State is claiming
that Tambare, a police
officer from Zhombe district witnessed Nyanguwo
ferrying explosives from
Mvuma which he used to blow up the Zanu PF Gweru
offices.
On 22 March
2012 heavily armed police officers raided Nyanguwo’s residence
in Harare,
claiming to search for weapons of war and mass destruction before
they
impounded his Isuzu double cab truck alleging that it was used in the
bombing.
Surprisingly early this year, police in Gweru arrested three
MDC members,
Shepherd Marange, Douglas Tsuro and Silas Mutendeudzwa on
charges of bombing
the same Zanu PF offices but they were released
later.
The people’s struggle for real change – Let’s finish
it!!!
–
MDC Information & Publicity Department
http://www.trust.org/
12 Apr 2012
16:37
By Madalitso Mwando
BULAWAYO, Zimbabwe (AlertNet) –
Zimbabwe’s lack of preparedness for the
impact of climate change is coming
under increasing scrutiny, as the nation
faces another year of drought and
the government admits it has done little
to mitigate the
crisis.
Smallholder farmers, the main producers of maize, the country’s
staple food,
are suffering poor harvests because of sparse rainfall and
rising
temperatures. With the threat of food insecurity being felt across
the
country, the government is under pressure to formulate a comprehensive
climate change policy.
The agriculture ministry said last year that
sufficient crops had been
planted to feed the nation. But rain expected in
late December came only in
March, forcing a revision of the projected
output.
“No one knows anymore when the rains will fall. We are only
seeing the rain
now after having planted last year,” said Thembiso Mkhwebu,
a smallholder in
rural Gwanda, some 100 km (63 miles) south of
Bulawayo.
“Our maize wilted a long time ago and this rain is useless
now,” she added.
“We cannot start planting now.”
REQUEST FOR FOOD
AID
Despite previously insisting that Zimbabwe was able to feed itself,
the
government last month appealed to international humanitarian agencies
for
help. The US government’s Famine Early Warning Systems Network estimates
that up to 2 million people will require food assistance.
The
international community has yet to respond to Zimbabwe’s appeal, which
comes
after scores of non-governmental organisations were banned from
operating in
the country because government officials claimed they were
meddling in
politics.
At the commemoration of World Water Day in March, President
Robert Mugabe
noted the huge impact of climate change on agricultural
production and said
that the scarcity of rain posed a threat to the
country’s food security.
Zimbabwe’s agriculture is heavily rain-fed, and
irrigation schemes are too
expensive for most rural smallholder
farmers.
Mugabe’s acknowledgement presents fresh challenges to the
government’s
agrarian reform programme. The country’s inadequate grasp of
how to deal
with changing weather patterns is typified by the Meteorological
Services
Department, which over the last year has had to revise its forecast
for the
coming of the planting season rains a number of times when prior
predictions
failed.
The government last year began broad
consultations to map out a climate
change policy in partnership with the
Climate and Development Knowledge
Network (CDKN), an international
non-governmental agency that supports
climate-smart development and policy
making.
CDKN-supported research suggests that Zimbabwe will have to cope
with
changing rainfall patterns, temperature increases and more extreme
weather
events such as floods and droughts. According to CDKN, longer and
more
frequent droughts could substantially reduce crop yields, including
maize.
LACK OF POLICY
The Zimbabwe Regional Environment
Organisation (ZERO), a local NGO, says
that for a long time there have been
no comprehensive programmes to address
the crisis presented by changing
rainfall patterns.
“What we have seen is little attention to climate
change by (the)
government,” said Tyson Machingura, a climate change
researcher with ZERO.
“For example, smallholder farmers are still clueless
about when to plant and
when not to plant as they continue following
traditional seasons, yet so
much has changed in climate
patterns.”
Machingura called for a ministerial taskforce to plan proper
adaptation
measures that would benefit ordinary people.
Government
officials admit they need to do more to ease the frustration of
smallholders
like Mkhwebu who at present lack reliable information about
when to plant
their crops.
“Government is working on climate change programmes designed
to address
concerns of rain-fed agriculture where poor harvests could mean
the whole
nation starves,” said Abiatha Ndlovu, an extension officer with
the
agriculture ministry.
“But we still (have) a lot of convincing to
do as many smallholder farmers
ignore advice to shift their planting
seasons,” Ndlovu added.
Madalitso Mwando is a journalist based in Harare,
Zimbabwe.
http://www.dailynews.co.zw
Written by Staff Writer
Thursday, 12 April 2012
14:45
MUTARE - A fifty-year-old Marange villager has vowed to defy
government and
mining firms’ move to relocate him to Arda Transau and allow
diamond mining
at Chiadzwa diamond fields.
In an interview with the
Daily News on the sidelines of a workshop organised
by Zimbabwe
Environmental Lawyers Association (Zela) last week, villager
Malvern Mudiwa
poured his heart out.
“I was born in Marange and I do not want to be
relocated to another place. I
have an emotional and special attachment to
that place at 50, for me it’s
time to retire and not to be uprooted,” Mudiwa
said.
He added: “We had thought the discovery (of diamonds) would change
our
livelihoods for the better, we receive very little rainfall and the
discovery should have been an answer by our ancestors and God to our
plight.
“But alas it’s been the other way round, I am told to move, our
relatives
have lost life and limb at the hands of our own government and its
apparatus,” a tearful Mudiwa said.
Although Mudiwa understands he has
to make way for the mining of the
precious stones he is baffled as to why he
has to be moved far from Marange.
“Why should I be moved away from my
ancestral land to a foreign land, they
should at least move me some few
hundred metres, and still we should benefit
from these diamonds. How am I
supposed to benefit when I am hundred
kilometres away?”
“I can assure
you I am not going anywhere I would rather go to prison than
be moved to
Odzi, they should tell me how much I am worth first, buy me out
and I will
have to be consulted on where I want to move to,” Mudiwa
declared.
He
bemoaned the fact that people from far and wide were getting employed
while
their children remained jobless.
“We just want to be listened to, they
are using headmen and giving them
gifts, so they will not challenge the
removals but we are ready to fight.
“Even so there are rumours that gold
was discovered in Transau so we will
probably have to move again later,
while the houses the companies built
there remain their property. I will not
go,” Mudiwa said.
The discovery of diamonds in Marange in early 2000 has
created acrimony with
political leaders at each other’s throat for control
of the diamond fields
while the ordinary people in the area have been forced
to move.
http://www.dailynews.co.zw
Written by Staff Writer
Thursday, 12 April 2012
15:00
HARARE - President Robert Mugabe should shut up and stop
displaying
political intolerance which has become the hallmark of his
disastrous
three-decade rule, Simba Makoni, a political rival whom the
Zimbabwean
leader once branded a “prostitute” said yesterday.
Mugabe
hurled insults at former finance minister Simba Makoni in his address
to the
Zanu PF Central Committee on Friday, March 30, 2012, where the
octogenarian
leader impliedly told delegates that the Mavambo Kusile Dawn
(MKD) interim
president was languishing in the political wilderness because
he had no
following.
Makoni, who walked out of Mugabe’s Zanu PF on February 5, 2008
and garnered
eight percent in the 2008 presidential vote, has emerged as one
of the
serious political challengers to the 88- year-old ruler, at a time
when the
veteran leader is struggling to convince Zimbabweans he can ease
their
hardships.
While speaking about the subject of disunity in his
party in general and the
exit of Makoni and Dumiso Dabengwa from Zanu PF,
Mugabe said:
“Ndakamubvunza kuti una ani? Ko une party here? Iye akati aah!
Vanhu
vanondivhotera, hanzi vanhu vanonditeera nekuti ndinonzi Simba Makoni.
(I
asked him, ‘do you have any supporters at all? Do you have a party at
all?’
And he said, ‘ah, the people will vote for me, the people will follow
me
because I am called Simba Makoni’),” Mugabe told his
lieutenants.
The 60-year-old Makoni yesterday rubbished Mugabe’s remarks
as the rumblings
of someone in power for far too long.
Makoni said he
had the full support of his National Management Committee
(NMC), which is
the highest decision making body of MKD, and said his team
was working hard
to search for a permanent solution to the country’s
problems which he said
the “shaky” inclusive government has failed to solve.
Makoni said MKD had
countrywide structures in the provinces, adding his
party commanded “a
strong backing from multitudes of Zimbabweans across the
political
divide.”
“We are satisfied with the party’s pace of growth and have no
reason
whatsoever to be apologetic to President Mugabe,” he
said.
“Any political competitor who elects to underestimate MKD and its
leader is
not respecting the people of Zimbabwe and will be doing so at his
or her own
peril.”
He said his team had “the overwhelming support of
enlightened Zimbabweans”
and vowed that he will form the next
government.
“We do not need the endorsement of intolerant political
competitors,” Makoni
said.
“We would be worried if such remarks were
coming from 13 million
Zimbabweans.
“President Mugabe’s utterances do
not reflect a popular sentiment and MKD
will give him a rude awakening come
next elections, which we hope will be
conducted in an environment that
guarantees a free and fair outcome.”
Mugabe, one of Africa’s
longest-serving leaders, is seen in the Western
world as a ruthless
dictator, but regional African leaders tout him as a
liberation icon with
the stamina to challenge global powers such as United
States and former
coloniser Britain.
Makoni, unlike Mugabe, proposes restoring ties with
Western donors to revive
the economy that economists say needs at least $10
billion injection.
Analysts say Makoni could be a dark horse in the
forthcoming polls.
Makoni, who is challenging Mugabe and MDC leader
Morgan Tsvangirai in the
forthcoming polls scheduled before June 2013, says
he is currently working
towards a better Zimbabwe for tolerance, inclusion,
transparency,
accountability, democracy and equal opportunities for
all.
“We are a serious game changer and neither an easy pushover nor cry
baby in
this field,” he said.
“We will stand our ground with equal
measure. MKD has all it takes not only
to contest, but win elections, govern
effectively and efficiently and make
this country work again.”
Mugabe
has frantically tried to shift attention for his appalling handling
of the
economy over the past decade by alleging the MDC had enlisted the
services
of Western foes to oust him and destabilise the country, analysts
say.
Makoni said he and his party were here to stay and were not
going anywhere.
“We cannot be wished away just like that,” he said. “By
now, at least
President Mugabe should know better.
“He would not have
been so jittery if Makoni was not an issue in the country’s
body
politic.
“We urge all Zimbabweans to ignore such statements and remain
focused. We
sympathise with the majority of people during the painful phase
that our
nation is going through. The furnace of affliction produces
refinement in
the country and its people."
“A new beginning is
nearing. Zimbabweans need to usher in a new
administration of leaders
willing to serve and not be served; leaders with
people at heart.”
http://www.dailynews.co.zw
Written by Taurai Mangudhla,
Business Writer
Thursday, 12 April 2012 15:41
HARARE - Zimbabwe's
budget deficit swelled to $93 million at the end of
March this year compared
to $61,2 million prior month as diamond revenues
continue to
underperform.
This comes as Obert Mpofu’s Mines ministry — parent to the
Minerals
Marketing Corporation of Zimbabwe — has failed to publicly account
for the
stones and at a time where concerns have been raised over possible
leakages
of the gems into neighbouring Mozambique.
Finance minister
Tendai Biti yesterday told a press briefing that he was yet
to collect a
total $92 million expected from the mining activity in the
period under
review.
“There is now a shortfall of $92 million from diamonds alone,” he
said,
adding that the economy was reliant on the contribution from its
natural
resources.
Revenue trickling from the Marange mining
operations — in which government
has a 50 percent shareholding in four of
the five mines — is critical to the
country’s budget, pegged at $4 billion
on the assumption that diamond taxes
would account for up to $600
million.
Diamonds and non-tax revenues received amounted to a paltry $5
million and
$7,4 million for January and February 2012, against targets of
$41,5 million
and $10,5 million respectively.
Biti, who was expecting
to collect a combined $58 million from the precious
stone proceeds for
January and February, said poor collections as at
February were compounded
by the depressed Zimra collections during the month
where $215,3 million was
collected against a target of $218 million.
The poor diamond proceeds
have left Zimbabwe suffering an albatross of
escalating employment costs
while frustrating the country’s plans to clear
intra-governmental debt which
Biti says is stifling the few productive
sectors.
“We hope to
liquidate domestic indebtedness in the next few weeks; we want
to break the
cycle of intra-government indebtedness.”
According to the Finance
minister, government owes $20 million to Zesa, $20
million to Zimbabwe
National Water Authority (Zinwa) and a whopping $60
million to state owned
mobile telephone provider NetOne.
Another $20 million is owed to TelOne.
Thursday, 12 April 2012
The District
Administrator for Goromonzi, who was only identified as Rupiya
is barring
the councillor for Ward 20 in Goromonzi South, Romeo Mugadza from
collecting
his monthly maize allocation from the Grain Marketing Board
(GMB).
The grain loan scheme is a government initiative to provide
food to drought
affected households across the country. Only elected
councillors are allowed
to be involved in the distribution. Instead, Rupiya
has sidelined councillor
Mugadza preffering Assan Seremani, the Zanu PF’s
district coordinating
committee chairperson to do the
distribution.
Assan Seremani is now doing the distribution on partisan
lines with a bias
to benefit only Zanu PF sympathisers.This month 29 tonnes
of maize, meant to
benefit over 500 families was distributed Zanu PF
supporters only.
Mugadza was elected councillor on an MDC ticket in
2008.
The people’s struggle for real change – Let’s finish
it!!!
–
MDC Information & Publicity Department
http://www.economist.com/node/21552596
Is the music stopping for Zimbabwe’s octogenarian
president?
Apr 14th 2012 | HARARE | from the print
edition
THE buzz from Zimbabwe’s whirring rumour mill had Robert
Mugabe, the country’s
88-year-old president, fighting for his life in a
Singapore hospital. His
hardline defence minister, Emmerson Mnangagwa, known
as “the crocodile”, was
said to be hatching a deathbed succession deal. A
coup by the defence chief,
said fearmongers, could mean renewed
chaos.
Hogwash, retorted loyalists. The president had flown to Singapore
on a
private holiday, and would soon be back. In fact, Mr Mugabe did rush
home to
quash the rumours. Yet everyone knows that the president visited
Singapore
no fewer than eight times last year. This was said to be for
check-ups
following an eye operation. But according to WikiLeaks, a top
Mugabe
confidant told American diplomats in 2008 that the president was
suffering
from prostate cancer and was not expected to live for more than
three to
five years.
Despite all the hair-dye, Botox and
revitalising drugs pumped into him by
his doctors, Africa’s oldest leader
has appeared increasingly doddery of
late. While he continues to play his
public role reasonably well, everyone
knows he could pop off at any time.
The sudden death of nearby Malawi’s
president, Bingu wa Mutharika, from a
heart attack on April 5th, has helped
to focus concern.
Mr Mugabe’s
mortality terrifies the security bosses and hardliners in his
Zanu-PF party.
The wily president, in power since Zimbabwe’s independence 32
years ago, is
widely seen as the only person capable of holding the
fragmented party
together as battles rage between rival factions over his
succession. He is
also seen as the party’s only chance, in a genuinely free
and fair election,
of defeating Morgan Tsvangirai, his popular prime
minister and leader of the
Movement for Democratic Change (MDC), which has
been Zanu-PF’s partner for
the past three years in a power-sharing
government.
Many in the party
are pressing Mr Mugabe to call for a snap election, before
it is too late.
This he has done, repeatedly, demanding new elections first
in 2010, then in
2011 and now before the end of this year, whether or not
electoral reforms
and a new constitution are in place by then, as required
under the
power-sharing pact, drawn up in 2008 under the auspices of the
Southern
African Development Community (SADC), a 15-member regional club,
following
the MDC’s victory in the polls earlier that year. “The dance we
have had for
the past four years is over!” Mr Mugabe cried last month,
declaring it was
time to “put an end to this animal called the inclusive
government”.
Since the power-sharing government came in, the
situation in Zimbabwe has
certainly improved. Rampant inflation, officially
measured at 500 trillion
per cent in 2008, has been cut to under 5%. Schools
and hospitals, long
closed for want of funds, are now operating more or less
normally.
Once-empty shops are now stuffed with imported goods. The output
from
factories, mines and farms, though still only a fraction of what it was
just
over a decade ago, is rising. The economy, which shrank by more than
half
between 2000 and 2009, has been expanding by more than 7% a year since
then,
with growth forecast to top 9% this year.
Yet the main cause of
such progress has not been good government, but
Zimbabwe’s abandonment of
its worthless currency and adoption of the
American dollar, coupled with a
massive increase in Western aid that came as
a reward for the power-sharing
deal. The mixed government has brought more
stability and a drop in
political violence . But the MDC has been outwitted
and humiliated. Few of
the reforms agreed upon as part of the pact have been
implemented, rampant
human-rights abuses continue, and many ministries
barely
function.
Under the 2008 deal, Mr Mugabe is supposed to consult his prime
minister on
important decisions, including setting a date for elections. The
dictatorial
president has never bothered with such niceties. A year ago his
SADC
colleagues accused Mr Mugabe of obstruction, insisting that all reforms
including a new constitution be brought in—a process that might take two
years—before elections could be held. Mr Mugabe was apoplectic. Since then,
however, little has been heard from either the ineffectual regional group or
its “facilitator” on Zimbabwe, Jacob Zuma, South Africa’s
president.
Some say that Mr Zuma has been busy behind the scenes
concocting a deal
between Mr Tsvangirai and Joice Mujuru, Zimbabwe’s
vice-president and Mr
Mnangagwa’s bitter rival. Under this, Zanu-PF
moderates, led by Mrs Mujuru,
would join forces with the MDC to form a new,
nicer coalition government,
leaving Mr Mugabe and his generals to retire
quietly with promises of fat
pensions and non-prosecution. That could be an
ideal outcome. But as is so
often the case in Zimbabwe, predators lie in
wait.
Following last year’s split in the Zimbabwe Congress of Trade Unions (ZCTU), SW Radio Africa journalist Lance Guma hosts Part 1 of a debate between rival Presidents Lovemore Matombo and George Nkiwane. Both explain why the ZCTU split and what it would take to unite the two factions. They also answered questions from SW Radio Africa listeners.
Interview broadcast 28 March 2012
Lance Guma: Good evening Zimbabwe and thank you for joining me on Question Time, my name is Lance Guma. Following last year’s split of the Zimbabwe Congress of Trade Unions we have decided to host a discussion between the two rival factions of the ZCTU. Joining me tonight are rival presidents – Lovemore Matombo and George Nkiwane.
We asked SW Radio Africa listeners to send in their questions in advance using Face Book, Twitter, Skype, email and text messages and I’ll be posing some of these questions during the discussion. Let me start with Mr Nkiwane – how did the ZCTU find itself in this mess?
George Nkiwane: Ah you know it’s a long story but I think I need to be very brief as to how it all happened. We held our Congress in August last year which was disputed by some of our colleagues who are now siding with Mr Matombo and the bone of contention was that some of our unions, four in particular, were not verified according to them.
The verification exercise did not come out clearly, it had gaps that they thought should have been ratified before we went for that Congress. And when we went for that Congress they made an urgent chamber application to try and stop the Congress from proceeding but the High Court then saw that, decided that no, the matter was not urgent and then the Congress should proceed and we did hold that Congress which led to my election as the president of the ZCTU.
Guma: Okay let me quickly go to Mr Matombo – would you dispute that narration of events? Is that what happened?
Lovemore Matombo: Well he made it quite brief but I think it’s quite a long story which started around 2004 when I was dismissed from employment for having attended a conference of the Organisation of African Trade Unions in Khartoum in Sudan where some of my colleagues started to play around with some form of innuendos that I was not fit at the time to lead the ZCTU because my employers had dismissed me.
And during that process, fortunately what happened was that some of those undermining my position as ZCTU president caught up in the fiasco and we were grouped together and during that time it appeared we worked together up until the 2006 Conference and during the 2006 Conference, the same colleagues went behind my back, behind the back of the General Council to go and seek the nullification of my position to the Congress.
So what they did was they used the lawyers to sound an opinion, whose opinion they were going to use, that because Matombo is longer subscribing to a union because he’s dismissed, can he still be allowed to contest the position of president in 2006? And the lawyer in their wisdom clearly stated that Matombo had every right to stand as president because he was elected by Congress and on that part, my colleagues felt defeated.
As we went by, as time went by and as we approached this other Congress last year, they then started to craft what they termed as a constitution which then was supposed to limit my term and yet this constitution was supposed to be discussed in 2006 and the question of the limits in terms of the office bearers was never an issue at all.
So well, it went on like that up until this last time when in fact every, it should be understood that every organisation has a constitution and every constitution has got some norms and standards and what is required by the ZCTU constitution is that for every one thousand subscribing members, you need one delegate and as we prepared to go for Congress, three days before Congress when all these delegates were then announced, it was discovered that 52% of those people who went to attend the Congress were not legitimate delegates and that became the bone of contention.
It became the bone of contention because ZCTU has stood for democracy, ZCTU has stood for, to uphold the principles of democracy; we have said time and again that we shall never ever tolerate any electoral process, whether national or in civic organizations, we will not tolerate electoral fraud. So basically this is the whole process it’s about electoral fraud and nothing more, nothing less.
Guma: Okay before we get to questions that we’ve got from listeners, I’ll just ask Mr Nkiwane to respond to those allegations from Mr Matombo. What’s your take Mr Nkiwane?
Nkiwane: I did not want to dwell into history because he’s correct that in 2004 he was dismissed from his employment and we stood by him. The reason why we referred the matter to our lawyers when we went for the 2006 Congress was that we did want to be found wanting when it comes to his nomination because some of the delegates were questioning his locus standi as to whether he was able to lead the ZCTU when he was dismissed from his employment.
So we did seek of course the advice from the lawyers and for us it was a victory because the lawyers came up with an advice that suited our ideas because we wanted to support him and if he had not got our support at that particular Congress in 2006, he was not going to be elected.
It’s true in 2004 when he was dismissed, that is when we suggested and proposed to the General Council that we pay him a salary equivalent to what he was supposed to be getting from his employment and every year when they bargain I mean the industry that he was working for, whenever they bargain, we would match that salary, so that we did not want to lose him at that particular time because we thought we could army the system that had dismissed him from employment by allowing him to go.
So we supported him and said let’s pay him a salary so that he remains our president. Never at one time did we as a group or his subordinates then decided or wanted to work against him. We were supporting him through and through, that is why he was elected in 2006.
Guma: Okay, now Mr Matombo, we have a question from Guruve, this question comes from Edwin who says it is reported that Mr Matombo’s faction has the support of eight ZCTU affiliates out of 33, so his question is you do not seem to have the majority support there, so why do you not rally behind your colleagues?
Matombo: Ah well of course that has been the propaganda that has been produced by some of our colleagues but let me state quite clearly that it’s not about the number of unions, it is about the volume and that is what is critical. I’ll take an example of the railway union; the new union has got four, I mean the railway company has got four unions – for the artisans, for the locomotive drivers, for the general workers and so on and so forth.
And what this means is that in the union I belong, we could have one union for engineers, a union for technicians and a union for the post of managers and union for the general workers and in fact that is a colonial set up. What we said after independence was that we need one union in one industry so when you look into, if you give an example of railways, you can now see the type of unions you are talking about.
And some of the unions have got 300 members, some have got 400 members, 600 members and so on and so forth. So you don’t examine the number of unions but rather go for the volume, the number, the membership itself. So the membership that we have is even larger than this other union; it’s not about the number of unions in the centre but rather the number of members in that centre.
Guma: I have a question for you Mr Nkiwane and it’s based on allegations that have been made by Raymond Majongwe who is the Secretary General in Mr Matombo’s faction – now he says Mr Chibebe, the out-going Secretary General wanted to destabilize the union and he accused him of trying to be the godfather of trade unionism in Zimbabwe. And several questions from listeners also on this – why is it these problems came to a head when Mr Chibebe left? That’s a question for Mr Nkiwane.
Nkiwane: I don’t think this problem came about when Mr Chibebe had left. We have had problems and we’ve dealt with them. From 2001 we have had problems, 2006, after each and every Congress we have had problems but I think at that particular time then we managed to resolve the problems.
It is only this past Congress that we have had a problem that went out of hand and some people, of course to us, we term them individuals, decided after having noted that they will never, they were not going to be elected, they are not going to make it to be elected into any position, decided to pull out at the last minute because all these allegations that are being leveled against ZCTU right now by this faction, they should have been discussed by the General Council then which was chaired by Mr Matombo and we dealt with all the matters that occurred before the General Council then and it’s not true that these problems came about when Mr Chibebe had left the organisation.
Guma: Okay on a separate matter would you agree with that, just coming to you Mr Matombo, would you agree or disagree that problems came to a head when Mr Chibebe left? Your former colleague?
Matombo: No, no, no. No, no, no. In fact it’s because you are discussing and obviously each party wanted to score points like what Mr Nkiwane is saying that they are the ones who supported me in 2006 and so on and so forth – that’s a question of scoring points.
They had their candidate which they wanted to back and it was through the voice of the delegates at Congress who clearly stated that the moment Matombo is dismissed from the position of president because he was dismissed from employment, then the rest of the factor, the trade union factor would suffer the same consequences and that’s how we came to that point.
And to suggest that I was not going to win, had they not supported me, that is wrong, in fact that is very untrue. Mr Nkiwane is quite aware, that when they went to Congress with him, the so-called CWUZ Union (Commercial Workers Union of Zimbabwe), CWUZ Union got the highest delegates and don’t have even a single membership. They don’t have the membership. The CWUZ they are talking about does not have the membership, there’s no register there is literally nothing and yet they went to Congress with the highest number of delegates. What is that supposed to mean?
Guma: Isn’t the problem though that it is created by this whole situation and it’s a question that a lot of our listeners are directing at you Mr Matombo, being the incumbent at the time, the perception is that you are hanging onto power and you do not want to let go. How would you answer that?
Matombo: Precisely, in fact that was, I would want to believe and I did admit that my colleagues were quite clever enough because what they had to do was to change the constitution without the Congress and then use the two-term mantra because it could resonate and that if that is used obviously we can give a very bad face in front of Matombo. That they tried to do that was quite clear.
But those who are quite clear about what has been happening in our Union would know precisely that we were dealing with certain issues which some of us are afraid to talk about, even up to now if the truth be said, at some stage and we want to unveil as to what has been happening. I think certain faces will be even dirtier than Matombo’s face.
So really yes, people can say that but to me and my colleagues, they even know when I am stepping down. In fact when we went to Congress, they asked me to stand up until the next term and I said if the condition is about the next term and I said if the condition is about the next term, then I won’t stand. And then we agreed that I will be there for a time and I will see, after all, I can do certain things, other things, I’ve got certain things that I can do in my life so really all I am doing is for the benefit of the ZCTU and for the benefit of the working people of this country.
Guma: Okay we’ll give Mr Nkiwane a chance to respond before we get to the next, probably final question. Would you like to react to that Mr Nkiwane?
Nkiwane: Yes Lance my brother. I think what I’m talking about is not about scoring points, it’s about fact. The constitutional amendment that he is referring to, records are there for all to see, all those that are interested can come to the ZCTU offices, we’ll give them the records about the constitution’s amendment that was done in 1995 and then the Congress that was held in Masvingo in 2001 is the one that questioned the leadership that was there then as to why the constitutional amendments that were done in 1995 in Mutare were not incorporated in the constitution.
Those are the amendments which also included the two-term period for any presidium position. So when that Congress directed the new leadership that came into office then, that was in 2001 and the leadership was led by Mr Matombo and Mr Chibebe became the Secretary General, they were directed by that Congress to effect the constitutional amendments that were done in 1995 in Mutare.
And they were done and the 2006 Congress, amended that constitution and ratified those amendments and adopted the amendments. And it became no issue when we met as General Council as to when then was the effective date of those amendments.
We said as General Council, the constitution was for us and it was ours, we can waver that and look at the effective date and we agreed in the General Council that was chaired by Mr Matombo that the effective date of that amendment was 2006 and what I’m talking about baba is there for anyone who would want to verify the records and that is what I’m talking about. It’s not about scoring points, but it’s about facts as to what happened.
Guma: Okay there’s a question on issues of…
Matombo: Okay I think I just want to react to that aspect…
Guma: Okay
Matombo: …because we don’t want our listeners to miss some of these facts he’s trying to put across. We all have the 2006 resolutions, they are available and we have said if my colleague is prepared to discuss this issue, we put across to the journalists, everybody so that we start to discuss the issue, we are discussing it from the air, let’s be practical, we discuss that particular issue.
In fact on the 20th of July last year, Mr Moyo and Mr Chibebe and myself went to the then Secretary General of the ZCTU, Morgan Tsvangirai and we met him at his office and we asked him whether there was any debate of a two-term by the 1995 Conference. He laughed at us and said well if indeed there was such a thing, it could not be hidden from anybody.
That was supposed to be a public, it was supposed to be public knowledge really because ZCTU is a public organisation. And we went further to ask some of the delegates who attended the 1995 Conference and they said no such issue was discussed.
And really perhaps what might be required here is for people to come together and say yes this is what happened, where are the documents, where is the documentation, who has got the documentation, we all have the documents, the documents are available so that’s really not, it’s not a problem really.
Guma: But is there anything wrong in having a two-term limit? That seems to be pretty much the standard world over in politics, people generally view that as a good requirement to have. Would you have any objection to that Mr Matombo?
Matombo: Objection to?
Guma: A two-term limit?
Matombo: No I wouldn’t object to that definitely. In fact this is what we stated even at our latest Congress that was held on the 16th and 17th of December last year. We wouldn’t, in fact that’s the way to go. That’s the way. We know we have not had that so far in many unions around the world, I just want to correct you. In the union level that has not been an issue really but in the context of Zimbabwe I think that is the way to go. We need to practise what we preach, that’s very important to us, yes.
Guma: Well that brings us to the end of Part One of this programme where we are hosting a debate between the two rival presidents of the Zimbabwe Congress of Trade Unions, Mr Lovemore Matombo and Mr George Nkiwane. Join us next week for Part Two as we continue this debate between the two gentlemen.
To listen to the programme:
http://www.swradioafrica.2bctnd.net/03_12/qt280312.mp3
Feedback can be sent to
lance@swradioafrica.com or http://twitter.com/lanceguma
COURT WATCH 7/2012
[11th April 2012]
Code
of Ethics for the Judiciary
The
Launching Ceremony
The
launching ceremony for the Code of Ethics was presided over by Chief Justice
Godfrey Chidyausiku and attended by the Minister of Justice
and Legal Affairs
Hon Patrick Chinamasa as
guest speaker, judges of the Supreme Court and High Court and presidents of the
Labour and Administrative Courts, members of the Judicial Service Commission,
magistrates, members of the diplomatic corps, and the heads of the Police Force
and the Prison Service.
Chief
Justice’s address Speaking as chairperson of the Judicial
Service Commission, the Chief Justice outlined the enhanced mandate of the
Commission following the coming into force of the Judicial Service Act on 10th
June 2010 which he described as the “date of our full judicial
independence”. From that date the
Commission became the employer of all magistrates and court staff and assumed
responsibility for maintaining the entire Judicial Service [judges, special
court presidents, magistrates and supporting staff] taking over employer
responsibilities from the Public Service Commission and administrative functions
from the Ministry of Justice
and Legal Affairs. In addition to seeing to the staffing and
budgeting necessary for such a change the JSC has been working on producing the
Code of Ethics provided for in the Judicial Service Act.
Minister
of Justice’s address The Minister expressed satisfaction with both
Code of Ethics and Strategic Plan. He
reminded those present that the Code had taken an unduly long time to
complete. He said he had first mooted
the need for a Code in 2001 because as Minister he receives on a daily basis
complaints about the shortcomings of the justice delivery system, ranging from
inordinate delays and lost court records or disappearing documents, to
corruption.
Acknowledgement
of support
by the Danish Embassy Both the Chief Justice and the Minister paid
tribute to the Royal Danish Embassy and its charge de affaires for financial
support to the Commission without seeking to influence or interfere with the
operations of the Zimbabwe judiciary.
The Embassy has also donated computers, generators and motor vehicles,
meaning that now all 54 magisterial stations round the country have a library
computer with internet facilities and access to statutes and case
summaries.
About the Code
of Ethics
The Code was
developed by members of the Zimbabwean judiciary, modelled on the Bangalore
Principles of Judicial Conduct.
Note:
The
Bangalore Principles are an internationally accepted set of principles of
judicial conduct developed by a representative group of Chief Justices and
senior judges within the framework
of the United Nations Global Programme Against Corruption. The objective was to address the problem
manifested by evidence that, in many countries, across all the continents,
people were losing confidence in their judicial systems because they were
perceived as corrupt or otherwise partial.
After adoption at a meeting of Chief Justices at The Hague in November
2002, the principles were endorsed by the UN Human Rights Commission in
2003.
Present legal
status of the Code The Code will not have full legal force until
it has been gazetted in the form of regulations made by the Judicial Service
Commission and approved by the Minister of Justice and
Legal Affairs in terms of
sections 18 and 25 of the Judicial Service Act.
Gazetting of the necessary statutory instrument is expected to take place
soon. Meanwhile, the authentic text of
the Code, as approved by the Minister, has been officially released by the
Commission and posted on the Commission’s new website.
Scope of the
Code Throughout the Code the phrase “judicial
officers” is used but in fact this refers only to, and the Code applies only
to, the judges of the Supreme Court and the High Court and the Presidents of the
Labour Court and the Administrative Court.
The Code does not apply to magistrates or to the chiefs or other
traditional leaders who preside over customary law courts – but it is intended
that they, too, will have their Codes of Ethics in time.
Structure The Code has
five Parts:
·
Part I covers
preliminary matters such as definitions and scope of
application
·
Part II spells
out the values and standards that attach to judicial office
·
Part III
provides for enforcement procedure
·
Part IV provides
for an Ethics Advisory Committee
·
Part V contains
one brief section dealing with complaints about reserved judgments already more
than 90 days overdue [see below].
Standards and
values Part II obliges
all “judicial officers” to uphold, maintain and promote the following
values:
A.
Independence This refers to the independence of the
judiciary and the authority of the courts and says “judicial officers”
must not be swayed by partisan interests, public clamour or fear of
criticism.
B.
Integrity This calls for every “judicial
officer” to ensure that his or her conduct, in and outside court, is
“above reproach in the view of reasonable, fair-minded and informed persons”,
and not to allow “family, social, political, religious or other like
relationships to influence is or her judicial conduct or
judgment”.
C.
Propriety This requires “judicial officers” to
avoid improper behaviour, and the
appearance of improper behaviour, in all their
activities, whether in our outside court and to avoid any conduct that may bring
the judiciary into disrepute. The
following are dealt with in detail.
·
Gifts Acceptance of “gifts, bequests, loans or
favours” in relation to anything done or to be done or not done by the
judicial officer in connection with the performance of judicial duties is
prohibited. If a “judicial
officer” becomes aware that a family member or associate has accepted a gift
from a litigant in a case before him or her, the “judicial officer” must
require the litigant to disclose that fact to the other party to the case.
·
Out of court
activities “Judicial officers” are allowed to
write on legal matters, teach and give lectures on legal matters and accept
honoraria for doing so, and to speak publicly on non-legal matters and
participate in civil, cultural, religious education or charitable
activities.
But participation in outside activities must
not detract from the dignity of the “judicial office” or interfere with
judicial duties.
·
Business
dealings These must not reflect adversely on
“judicial officers’” impartiality; interfere with the proper performance
of judicial duties or exploit or give the appearance of exploiting their
judicial position; and must not involve frequent dealings or relationships with
legal practitioners or other persons likely to appear before them in court.
·
Practising law
is forbidden But free legal advice may be given to family
members or associates as long as the “judicial officer’s” judicial
position is not exploited.
D.
Impartiality A “judicial officer” must so conduct
himself or herself as to minimise the occasions on which it will be necessary
for him or her to be disqualified from hearing cases, and must refrain from
public comments liable to be construed as affecting the fairness of
proceedings.
·
Recusal is required where a “judicial officer”
has personal knowledge of disputed facts in any proceedings, where he or she has
previously served as a legal practitioner in a case, has a financial interest in
the matter in dispute or that might be affected by the outcome of the case, or
is personally biased or prejudiced against a party.
·
Political
activities Political activities, attendance at political
meetings, office-holding and membership in political organisations, and
soliciting funds for or making contributions to political organisations are
prohibited.
E.
Equality This requires “judicial officers” to
avoid showing bias or prejudice based on “immaterial grounds” such as
race, colour, gender, religion, national origin etc when carrying out judicial
duties and to require the same standards from court officials and legal
practitioners appearing in their courts.
F.
Competence and
diligence This requires “judicial officers” to
be efficient, fair and reasonably prompt in the performance of their judicial
duties, giving those duties precedence over all other activities. They must also maintain and enhance the
knowledge and skills necessary to perform their duties, including keeping
themselves informed about international law developments and international
conventions and instruments establishing human rights norms. Where judgment is not given as soon as a
hearing ends, they must use their “best efforts” to give judgment
within 90 days and must in any case do so within 180 days. Where the 90-day limit cannot be met, they
must inform their head of court, who will make arrangements to assist the
“judicial officer” to give judgment within the 180-day limit. The Chief Justice is empowered to issue
practice notes reducing these time-limits. Judgments already overdue before the
advent of the Code must be given within the next 90
days.
G.
Efficient and
expeditious conduct of judicial business This requires “judicial officers” to
maintain order and decorum in court, showing patience, dignity and courtesy, and
to require the same from officials and legal practitioners. It also prohibits them from assigning work to
themselves or permitting litigants to choose which judicial officer will deal
with their cases. Their work in both
court and chambers must be attended to timeously.
Enforcement
procedure The enforcement
procedure applies to all “judicial officers” except the Chief Justice; a
complaint about the Chief Justice is a matter for the President to deal with
under the Constitution. The Code does
not specify who can complain about breaches of the Code or what procedure should
be followed, but complaints received from members of the public by the
Commission or the Minister will be directed, through the appropriate head of
court, to the Chief Justice. If the
Chief Justice thinks the complaint merits consideration, he will appoint a
disciplinary committee of serving or retired judges to investigate and report to
him. Where a complaint is upheld, the
Chief Justice has the power to issue a reprimand, or a severe reprimand or a
final reprimand. [Complaints meriting
consideration of removal from office will not be dealt with under the Code, but
under the disciplinary procedure laid down in the Constitution.]
Ethics Advisory
Committee The Chief
Justice will appoint an Ethics Advisory Committee to “render advisory
opinions” to “judicial officers” about the propriety of contemplated
judicial or non-judicial conduct. Its
opinions will not be binding on a disciplinary committee dealing with a
particular case, but may be taken into account in a “judicial officer’s” favour as
evidence of good faith. The Committee
will have 3 to 5 members, the majority to be judges and the remainder legally
qualified persons nominated by the Commission.
Comment:
No provision for declaration of assets:
It
is a pity that the judges did not give a lead to other holders of high public
office by making compulsory
periodical
declaration of assets part of the
Code of Ethics. That would increase the esteem
in which the judiciary is held and make the question of disclosure of interest
more transparent. It might also prompt
Parliamentarians and other public officers to declare their assets thus
enhancing public ethics, leading to more transparent governance and reducing
corruption.
Documents
available from veritas@mango.zw
Judicial
Code of Ethics [pdf document]
Judicial
Service Act [MS Word 97-2003 document]
Chief
Justice’s Address [pdf document]
Minister’s
Address [pdf document]
Bangalore
Principles of Judicial Conduct 2002 [pdf document]
Veritas makes
every effort to ensure reliable information, but cannot take legal
responsibility for information supplied.