Zimbabwe set to commit to investor agreement with the SA government

http://www.businessday.co.za

Posted to the web on: 08 April 2009

EDWARD WEST
Senior Business Writer

ZIMBABWE was likely to fully support an investor protection agreement
expected to be signed between the SA and Zimbabwean governments in two to
three weeks' time, Business Unity SA (Busa) CEO Jerry Vilakazi said
yesterday.

He spoke after a one-day visit to Zimbabwe on Monday as part of a 24-strong
Busa delegation led by its former president, Patrice Motsepe of African
Rainbow Minerals.

The delegation included executives from South African companies such as Old
Mutual, Aspen Pharmacare, Roadlink, First National Bank, PPC and Massmart.
Organised South African agriculture was also represented.

Zimbabwe Finance Minister Tendai Biti, who invited the delegation, said the
agreement would provide for "recourse and compensation" for any loss of
investment, said Vilakazi.

Zimbabwe President Robert Mugabe had also, in his interaction with the
delegation, endorsed Zimbabwe's commitment to sign the agreement.

"We had good visit. It was the most successful trip I have had to Harare in
the past 24 months. It was primarily a fact-finding visit. We wanted to get
a sense of what the inclusive government has put in place to create an
environment conducive to investment and doing business," said Vilakazi.

Concern among Busa delegates about the commitment to governance and
democracy were addressed.

Questions about continuing illegal farm occupations were answered by the
Zimbabwean hosts, who admitted there had been "a few incidents in the past
few months" since the installation of the inclusive government, but this was
"out of the norm" and all parties had agreed to stamp out illegal land
occupations.

A key challenge in Zimbabwe was the availability of cash, and the new multi-
currency policy would go a long way to attract cash. The rand appeared to
have become the preferred currency for trade, said Vilakazi.

Describing the economic damage in Zimbabwe, PPC CEO John Gomersall said
cement consumption in Zimbabwe had fallen away "almost entirely in recent
months".

Gomersall said development and economic growth "is not going to be an
overnight sensation" because of the damage to fundamental infrastructure,
from educational institutions to hospitals and other physical
infrastructure.

Mike Conway, managing executive for Tiger Brands' international division,
said Zimbabwe would represent a good opportunity for the group if the
business environment there continued to improve.

On the question of the spending power of Zimbabwean consumers, Vilakazi said
about 40%-50% of the Zimbabwean population now lived outside the country.
For instance, there was a very large community of well educated, trained and
paid Zimbabweans operating in SA's financial sector.

"They all have extended families. Now with permission for multi-currency
trade, there will be access to money through Zimbabweans from all over the
continent," said Vilakazi. The key issue for growing the Zimbabwean economy
would be whether the Zimbabwean government lived up to its promises in the
next three to six months.

weste@bdfm.co.za

Zimbabwe sees "positive" response to aid call: Biti

http://af.reuters.com/

Wed Apr 8, 2009 2:09pm GMT

By Nelson Banya

HARARE (Reuters) - Zimbabwe's unity government has received a good response
to its calls for financial aid to rescue its battered economy, Finance
Minister Tendai Biti said on Wednesday.

The new government, formed after a political deal between former rivals
President Robert Mugabe and Prime Minister Morgan Tsvangirai, says it needs
about $8.5 billion to fix an economy hit by hyperinflation and 10 years of
negative growth.

Asked about how the international community had responded to the unity
government's plea for financial support, Biti said: "It's been positive, but
we're still looking for international lines of credit."

Other countries and banks had promised funding, apart from South Africa,
which had pledged an undisclosed amount in lines of credit.

"A few other countries that I don't have the mandate to disclose, and some
banking institutions, some on the continent and some from Europe, have made
an undertaking to extend lines of credit to the banking sector," Biti told a
media briefing.

Western donors have withheld aid to Zimbabwe over policy differences with
Mugabe, and want to see political reforms put in place before resuming
support.

Biti said while the government's decision to allow the use of multiple
currencies for business transactions had brought price stability, the
economy faced liquidity problems due to a foreign currency crunch.

Biti, a senior official in Tsvangirai's Movement for Democratic Change
(MDC), said the inclusive government had made significant progress since its
formation in February.

"In the ... months that we've not been fighting each other, we've made
phenomenal progress," he said. "I had to be dragged into government, but I
will be the first to defend the gains of this government."

Biti, however, said the new administration still had a long way to go in
fixing the economy, with monthly revenue averaging just $20 million against
a $100 million target. Government workers' wages alone required $30 million,
he said.

Asked about his working relationship with central bank governor Gideon Gono,
a Mugabe ally Biti has previously described as an "economic terrorist", the
finance minister accused the media of playing up their differences.

"You cannot have a functional country in which the central bank governor and
finance minister cannot work together. The problem is that there is a
constant attempt to draw us into negativity," Biti said.

"I think since the formation of this government, the negatives are in the
minority."

The MDC has previously called for Gono's dismissal and protested against his
reappointment last year, while talks with Mugabe's government to set up a
unity government were underway.

US says Zimbabwe could face more sanctions unless reforms

http://www.monstersandcritics.com

Business News
Apr 8, 2009, 17:30 GMT

Harare - The United States ambassador to Zimbabwe on Wednesday warned of new
targeted sanctions against Zimbabwean President Robert Mugabe and senior
members of his party unless they show willingness to reform.

In an interview with journalists in Harare, ambassador James McGee said
current US sanctions against Mugabe and senior members of his party would
remain in place 'until we see some positive movement.'

He was referring to the widely-held belief that Mugabe's Zanu-PF is trying
to stall attempts by the new unity government, of which longtime opposition
leader Morgan Tsvangirai is prime minister, to effect democratic reforms.

'In fact you might see more individual sanctions,' McGee warned.

The United States and European Union first imposed sanctions on Zimbabwe in
2003.

Mugabe has blamed his country's economic downfall on the sanctions. Over
half the population requires food aid.

The US and EU point out that the sanctions specifically target people and
companies linked to the elderly leader and blame his misrule for the
country's demise.

The new government is looking for 2 billion dollars in short-term aid.
Western donors have cited the ongoing invasions of white-owned land and
detention of political prisoners are deterrents.

McGee said the US was debating an International Monetary Fund (IMF) report,
which said Zimbabwe needed 200 million dollars in emergency humanitarian
relief.

'We want to get on board to assist Zimbabwe with that. We will not let the
people of Zimbabwe starve,' he assured.

He was also upbeat about some positive signs recently on the economic front.

'We no longer see the uncontrolled printing of money. Inflation which had
been running in quintillions of percentage points last month was negative
2.5 percent. This is movement in the right direction,' he said.

Corruption still protects Zanu-PF leadership

http://www.thezimbabwetimes.com/?p=14848

April 8, 2009
John Robertson

NOW that Zimbabwe should be moving forwards quickly, but isn't, a
long-standing theory is gaining ground: Zimbabwe has not been overwhelmed by
economic mismanagement as much as it has by corruption.

Deliberately chosen corrupt practices that were cultivated to ward off,
deflect or neutralise threats to Zanu-PF's power base appear to be still in
place and still very much in force.

Many of these would be automatically defined as corruption in more normal
societies, but Zimbabwe's inveterate politicians see them as the legitimate
exercise of their legitimate right to use their power to retain power.

But, while demanding recognition for releasing the Zimbabwe's population
from colonial oppression, for years they have shown complete indifference to
accusations that they became much more severe oppressors. To them, their
past efforts gave them an absolute right to be leaders in perpetuity and
this entitled them to ensure their political survival by any means
necessary.

At independence, the leadership professed the highest ideals, which they
formalised in a Leadership Code, and the same leaders made much of the
inviolate civil rights they conferred upon the population. However, they
soon began to display a severe disinclination to be subject to equitable
distribution of wealth constraints and equally reluctant to recognise the
rights of others.

As the party hierarchy became progressively more deeply implicated in
questionable activities, unwritten provisos became apparent: in the exercise
of their own rights, the officials were answerable to nobody, and if a
challenge seemed likely to undermine their absolute power, the challengers
should expect to be ruthlessly put down.

The activities in which the politically well connected could engage with
impunity soon attracted increasing numbers of opportunists. Claiming equal
rights to privileges because of their contributions to the liberation
struggle or their close ties to party officials, they looked for ways to
exploit the party's considerable authority.

At first, their numbers were manageable and so were their demands. They were
soon linked to various financial transfer mechanisms and most appeared to be
content with the recognition and their shares of the rewards.

But their successes attracted more contenders, generating the need for more
rewards. Politicians who could manipulate financial matters were pressured
to see that claimants' demands were met and their successes developed into
claims that all loyal supporters deserved equally generous treatment.
Transfer procedures evolved into entitlements and the corruption was
institutionalised.

All those who could exploit their political influence aimed to become
financially secure. Their hopes were that they would never have to actually
work again, but those who appeared to have succeeded bred envy and greed in
others. Zanu-PF had to keep looking for new expropriation possibilities to
satisfy rising demands.

Allocations of rationed foreign exchange, backed by import licences, were
given to many favoured individuals, while others were authorised to charge
for the use of their rubber-stamps as businesses were forced to comply with
some contrived regulation. Government contracts and valued sinecures were
given to others, but as taxpayers were being taxed to "diminishing returns"
limits, the party had to keep thinking up other schemes to bring in more
revenue or to collect it sooner.

Early in this process, the party increased taxes, duties, fees, levies and
licence charges in their efforts to keep pace, and it also drew heavily on
donor support. However, it soon had to devise new ways to increase its
revenue stream, so it chose to skim from corporate and personal incomes and
savings to close the widening gap.

Taxes on profits earned were converted into advance payments on expected
profits and penalties for inaccurate profits forecasting were imposed, but
hidden and more pernicious taxes took effect through exchange controls and
the imposition of exchange rates that had no bearing on market rates,

When decisions to interfere directly in the setting of interest rates were
applied, the party launched its campaign to blatantly confiscate the nation's
savings. By paying interest at a tiny fraction of the rising inflation rate,
they stripped away the bulk of the capital held by banks, pension funds and
savings institution. They spent the capital on which development depended.

But when the import allocations that had sustained thousands of privileged
people were brought to an end, these people responded with demands that
Zanu-PF keep its promises of free land. When it was launched, the land
reform programme became the most disruptive of the wealth transfer processes
and it brought the most destructive forces to bear on production.

What followed was the confiscation and reallocation of commercial farmland,
but what actually happened was the asset-stripping and looting of the
premises of more than 4 000 farming companies and the premises of their 350
000 employees. The land itself has produced very little ever since, which is
why Zimbabwe has had to import food every year since the start of the Land
Reform Programme.

When vital tax and export revenues also became casualties of land reform,
new rounds of increases in taxes, fees, licence charges and levies started,
and government became a much more aggressive tax collector. But these were
Zimbabwe dollar sums and when things got really tough, more Zimbabwe dollars
were simply printed. The far more serious problem was foreign exchange.

For senior members of the hierarchy, the problem was easily solved: they
were given the privilege of highly attractive exchange rates. When ordinary
citizens were paying a billion Zimbabwe dollars for a loaf of bread, senior
party officials could buy a US dollar for Z$30 000. So, to them, a brand new
duty-free luxury motorcar could be bought for the price of two loaves of
bread.

Economic policy changes are desperately and urgently needed to restore
investment, production, trade and employment, and to establish stable
exchange and interest rates.

However, examined against this backdrop of deeply entrenched corruption, the
reasons for the determination of incumbent politicians to hold onto their
privileges and not to be held to account for their obscene wealth become a
little clearer.

And so, too, do their attempts to slow the process of change.

Respect for property rights at core of investment for Zimbabwe

http://www.swradioafrica.com

By Violet Gonda
8 April 2008

At the opening of the 'Stakeholders Summit' in Harare recently Dr. Albrecht
Conze, the German Ambassador to Zimbabwe, said securing donor and investor
confidence hinged on the issue of respect for property rights. He warned
that countries far bigger than Zimbabwe have broken down in the 20th century
because their ideology had abolished respect for property rights and that
the continued farm disruptions are sending out the wrong message to the rest
of the world.
He said: "This may be an internal affair as long as legislation and practice
only affect citizens of this country. But it becomes a bilateral issue for
all those countries that have concluded investment protection agreements
with Zimbabwe, and whose investors are being unlawfully molested and
disrupted in their business affairs."
The Ambassador's comments were echoed on Monday by a group of 22 top South
African business leaders from the mining, agriculture, financial,
pharmaceutical and construction sectors, who were in Zimbabwe to explore
business opportunities.
Patrice Motsepe, a South African mining tycoon and billionaire, led the
delegation that met with the Zimbabwean leadership, including Robert Mugabe,
Finance Minister Tendai Biti and Deputy Prime Minister Arthur Mutambara.
The South Africans said they are very interested in investing in Zimbabwe,
but wanted guarantees of property rights. The business delegation urged the
Zimbabwean authorities to sort out this issue, as it was at the root of
attracting much needed investment.
The South African Business Day newspaper reports that the Zimbabwean hosts,
admitted to some problems on the farms, saying there had been 'a few
incidents in the past few months' since the installation of the inclusive
government, but this was 'out of the norm' and all parties had agreed to
stamp out illegal land occupations.
The government told the high powered business delegation that it is
committed to protecting investments and that the Zimbabwean economy is ready
for investment.
However the government is once again ignoring the facts on the ground where
the commercial farming community, including helpless farm workers, continue
to be at the receiving end of state sponsored and state backed violence, and
that it has been ongoing for a decade. There have not been just 'a few
incidents' with at least 120 farmers currently under threat, and it is
certainly not 'out of the norm'.
The government has been severely criticized internationally for ignoring all
bilateral agreements, which has seen a number of farmers protected under the
Bilateral Investment Protection Agreements being prosecuted and illegally
evicted.
Commercial farmers also say the refusal by the Zimbabwean government to
abide by a SADC tribunal on land, which protects them, is indicative of the
complete breakdown of the rule of law. The regional body ruled late last
year that the land invasions are illegal but the government, and Mugabe in
particular, has encouraged the farm invasions to continue, saying the
tribunal has no authority over Zimbabwe.
Nonetheless Business Day is also reporting that an investor protection
agreement between the South African and Zimbabwean governments is expected
to be signed in a few weeks time. It is understood the agreement would
provide for recourse and compensation for any loss of investment.
Observers say Mugabe has never abided by any agreement, nor paid any
compensation for previous loss of investment, business investors will
clearly remain very wary, until they see real change happening on the
ground.
Engagement with the international community depends on how the new coalition
will deal with private property rights and land tenure and that reforming
draconian laws such as the Access to Information and Protection of Privacy
Act and the Public Order and Security Act are only part of the challenge.

More farmers arrested, but the government and SADC remain silent

http://www.swradioafrica.com

By Alex Bell
08 April 2009

Seven more people have joined the growing list of Zimbabwean commercial
farmers facing prosecution for being on their land, as part of the ongoing
offensive against farmers that has violently intensified in the last week.

The growing list of farmers facing prosecution has now reached 100 and
includes the wife of Chiredzi farmer, Gary Warth, who has been in hiding for
more than six weeks. His wife Teresa was arrested on Monday in a move that
Chiredzi police blatantly admitted was to 'bait' her husband out of hiding
to face arrest and prosecution. She was later released and is expected in
court this week. Five other Chiredzi farmers have also been arrested since
late last month and will appear in court next week, on false charges of
occupying state land illegally.

Meanwhile the violent offensive in Chegutu has not yet eased, with Mount
Carmel farm manager Martin Joubert, also being hauled behind bars this week.
Joubert joins seven other Mount Carmel farm workers who were arrested over
the weekend while trying to defend the land from a gang of lawless thugs.
The land invaders had originally arrived on the farm last Friday and
demanded that the owners vacate the land. The onslaught turned violent on
Saturday night when the invaders returned, after being forcibly removed from
the land by the farm's staff and other farm workers in the area. In
retaliation, the invaders launched a vicious attack on the farm staff that
night, leaving one worker with a fractured skull.

Chegutu police arrived shortly after the attack, but instead of taking
action against the violent land invaders, arrested seven staff members on
trumped up 'kidnapping' charges. These workers have all been tortured behind
bars and on Wednesday were remanded in custody until a later date. The rest
of Mount Carmel's staff meanwhile is in hiding, as the thugs have almost
completely taken over the land. Farmer Ben Freeth, who owns the farm with
his father-in-law Mike Campbell, has told SW Radio Africa that he is unable
to move freely around the farm and Campbell and his wife Angela have left
the farm as a safety precaution. Freeth continues the fight to have the
invaders removed from his land.

There is no question that the farm attacks, which have been ongoing since
February, are the biggest obstacle standing in the way of crucial foreign
investment in the country. Despite this, the unity government has done
nothing to prevent the attacks that have, instead, been condoned by Robert
Mugabe. Prime Minister Morgan Tvsangirai has warned that the perpetrators of
the attacks will be arrested and last week tasked the Joint Operations and
Implementation Committee (JOMIC) to deal with the land issue. JOMIC in turn
has since argued that farmland under legal protections such as Bilateral
Investment Protection Agreements (BIPAs), are not 'immune' to fresh
invasions, effectively condoning the new attacks.

The attacks have also continued despite last year's SADC Tribunal ruling
that tasked Zimbabwe's government with protecting land owners from future
attacks. The ruling has been blatantly ignored under direct instruction by
Zimbabwe's Attorney General, and in one case the ruling was effectively
nullified by a High Court judge. This disregard of the ruling has been
enforced despite Zimbabwe being a SADC signatory and therefore bound by SADC
treaty law.

SADC itself meanwhile has remained completely silent on the farm attacks,
which not only violate Zimbabwe's political agreement, but also violate the
Tribunal ruling that Zimbabwe's government is bound to respect.

Prisoners bribed warders and escaped

http://www.thezimbabwetimes.com/?p=14844

April 8, 2009

By Owen Chikari

MASVINGO - Three prison warders,  including the officer-in-charge of
Masvingo Remand Prison, have been suspended pending dismissal after they
allegedly received bribes to facilitate the escape of seven dangerous
criminals from custody early this year.

Ishmael Chatikobo the officer-in-charge and two unnamed prison officers
allegedly received various amounts ranging from US 200 to US 350 from
dangerous criminals  to induce them to allow their escape from the remand
prison.

Besides receiving the bribes Chatikobo a self proclaimed war veteran
allegedly went away without official leave last year claiming that he was
campaigning for President Robert Mugabe during the run up to the one-man
June Presidential election run off.

"The three have been suspended pending dismissal because they have been
named as culprits who facilitated the escape of the inmates", said an
official from the Ministry of Justice.

"The officer-in-charge had another case in which he just left the station
with a government vehicle last year claiming that he was campaigning for
Zanu-PF". "He was no longer coming to work and a new officer-in-charge has
since been found".

Seven dangerous criminals clad in prison gab mysteriously escaped from
Masvingo remand prison in January.

One of the inmates was arrested while six others made good their escape and
are still at large.

The hardcore criminals who faced charges that ranged from carjacking, armed
robbery, housebreaking with intent to steal and theft escaped from the
remand prison after allegedly buying their freedom from the prison guards.

The cholera outbreak which has hit the country since last year also assisted
the seven to make an easy escape.

According to the police the seven criminals were suspiciously removed from
the holding cells and housed in the typing pool following an outbreak of
cholera in the prison

The seven allegedly broke the door to the typing pool under cover of
darkness before jumping out to safety. Surprisingly, the prison guards on
duty did not notice anything amiss until the following morning when the
seven were found to be missing.

One of the inmates was arrested while walking along the Masvingo Harare
highway while the six are still missing.

"We are still looking for the six and are urging the public to report to any
nearest police station if they see any suspicious people", said police
spokesman Inspector Phibeon Nyambo

"Those who escaped are dangerous criminals and we urge people to be very
careful when dealing with them."

ACTION ALERT: Donate money towards food for Zimbabwe’s prisoners

Poverty Datum Line Stands At U.S.$552

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

26 March 2009

Harare - A FAMILY in Zimbabwe required as much as US$552 for basics in
January according to latest official poverty assessment report.

The Central Statistical Office, a national statistics agency which also
calculates inflation said on Tuesday of the US$552, US$177 was needed for
food.
This average family will need to spend US$375 on basics such as
accommodation, transport to get to and from work, school fees and clothes,
among other basics.

There is no provision for luxuries.

According to CSO, PDL represents the cost of a given standard of living that
must be attained if a person should not be considered as poor.

Going by the CSO definition of PDL, the majority of workers in Zimbabwe will
be found in the poor category. Government is paying civil servants US$100
per month.

The CSO not only calculates a national poverty line, but also looks at each
of the 10 provinces.

Matebeleland North and Mashonaland East are the expensive provinces to live
in.

Their families need an average of US$630,9 in Mat North and US$577,5 in Mash
East.

This is attributed to high food prices. In Mat North, the average family of
six requires about US$203 and US$187 in Mash West for food alone.

Capital cities tend to be most expensive than rural areas in other countries
but Harare has emerged as the least expensive area to live in, with an
average family needing US$492.

Of the ten provinces--six of them-- Harare, Bulawayo, Midlands, Masvingo,
Mash Central and Mat South are below the national average.

The Consumer Council of Zimbabwe last month said an average urban of six in
Zimbabwe needed US$374.

While figures for the CCZ focuses on urban families, Poverty Datum Lines
focuses on both rural and urban.

The CSO said Zimbabwe was experiencing deflation and it is most likely the
national average would have gone down in February and likely to remain
unchanged in March.
After years of hyperinflation, Zimbabwe consumer price index dropped 3,1
percent last month after Government allowed the use of foreign currency in
transactions.

Prices seem to have stabilised as they now track regional prices.

Rival Anglican factions agree to share premises

http://www.swradioafrica.com

By Lance Guma
08 April 2009

Rival Anglican factions, one led by excommunicated Bishop Nolbert Kunonga
and the other by the man who replaced him, Bishop Sebastian Bakare, have
agreed to adhere to the different worshiping times previously set out by the
High Court. On Wednesday Bishop Bakare told Newsreel that a meeting between
the two factions and the two Home Affairs Ministers to discuss violence
affecting the church, had resulted in the agreement.

Bishop Bakare however said it could not be described as a new agreement
because it only confirmed an earlier judgment by Justice Rita Makarau. In
January 2008 Makarau ruled that the two groups share premises until such
time as the dispute over the property is resolved by the courts. Kunonga's
services were to take place between  6 and 9.30am, while Bakare's followers
were to use the premises after 11am.

But clashes became prevalent most Sunday's, as Kunonga's small but violent
group of followers prevented Bakare's people from worshipping. Worsening
matters was the protection from a partisan police force who took sides with
Kunonga's group. Some weeks ago the police used teargas to disperse angry
parishioners, while an innocent Harare man, living near one of the churches,
was reported to have been shot in the arm during the chaos.

The controversial Kunonga was excommunicated in 2007 from the church, after
he attempted to unilaterally withdraw the Diocese of Harare from the Church
of the Province of Central Africa. He claimed at the time he was protecting
the diocese from 'rampant homosexuality'. He was replaced by Bishop
Sebastian Bakare, but has since used youth militia and the police to chase
away Anglican parishioners loyal to the new bishop.
Legal experts agree Kunonga's claim to the church property is weak. In a
telling High Court judgment, Justice Charles Hungwe last year ruled that
Kunonga's diocese could not exist at law outside the constitution of the
Church of the Province of Central Africa. This was the same province he
sought to break away from. A delay in the finalization of the matter in the
courts has been blamed on a compromised judiciary and has allowed Kunonga
time to continue laying claim to the property, due to his allegiance to ZANU
PF and support from Mugabe.

Improved internet access expected as 3G services approved

http://www.swradioafrica.com

By Lance Guma
08 April 2009

The country's biggest mobile phone operator, Econet Wireless, is reported to
have secured frequencies for its 3G service from the Postal and
Telecommunications Regulatory Authority of Zimbabwe (POTRAZ). Econet
purchased the equipment 2 years ago but had been waiting to get the 3G
frequencies from POTRAZ. The new Information Communication Technology
Minister Nelson Chamisa has now instructed the regulator to make the
frequencies available and allow the networks to expand their services.

The development means Zimbabweans can expect to use services like video
calling and mobile internet access, including wireless broadband. Econet say
they will launch a Blackberry service by June this year, meaning their
subscribers will be able to receive e-mails on their mobile phones. Chief
Executive Officer Douglas Mboweni confirmed they were already testing the
equipment, although some of it had already been overtaken by new
technological changes during the long waiting period.

Chamisa meanwhile told Newsreel they were already working on several issues
to make telephone calls cheaper, faster and clearer. Currently the networks
are relying on expensive connections routed via London and other countries,
instead of connecting directly to the destination of the calls. He expressed
his ministry's determination to increase bandwidth and connectivity for
internet users, adding that the long term objective was to have information
kiosks in rural areas and establish an e-government system, where government
services are accessible online.

Asked where the new coalition government will get the money from to fund all
these projects, Chamisa said credit lines for infrastructural development
were going to be crucial. He is convinced a vibrant information and
communication technology policy will unlock the potential in other
ministries and help ordinary people to be served better. With 3G frequencies
being allocated to the mobile phone networks, players in the broadcasting
field are already wondering whether such opportunities will be available to
them, anytime soon.

Know Your Ministers: Moyo, Nkomo

Chronicle editor and reporter charged with defamation

http://www.swradioafrica.com

By Tichaona Sibanda
8 April 2009

For the first time, journalists working for the state media have been
charged under Zimbabwe's repressive media laws. The editor of the Chronicle
newspaper in Bulawayo, Brezhnev Malaba, has been charged by a magistrate
with defamation, for a story that linked the police to corruption.

The author of the story, Nduduzo Tshuma a staffer at the newspaper, was also
charged. He had written an article that alleged that members of the police
were involved in a Grain Marketing Board maize scandal.

Bulawayo magistrate John Masimba ruled on Tuesday that Malaba and Tshuma
contravened Section 96 of the Criminal Law Codification and Reform Act, for
publishing the story that police and GMB officials had diverted maize to the
black market.

The police arrested Malaba and Tshuma following the publication of the story
in February, saying that the article was defamatory and portrayed the police
in bad light.

Both were not asked to plead when they appeared before magistrate Masimba.
They were remanded out of custody to 19th May for trial. The President of
the Zimbabwe Union of Journalists, Matthew Takaona, told us the charges
against the Chronicle duo raises eyebrows, because police have not made any
effort to investigate allegations leveled against their own.

'They should first exonerate themselves by instituting an enquiry to
investigate the serious allegations. If they had an issue with the
journalists they could have approached the newly constituted voluntary media
council with their complaint,' Takaona said.

He added; 'This is worrisome to us because we have not seen this before. It's
unheard of for the police to sue or charge journalists from the state media.
Before, if they had an issue, they usually approached the editor or Minister
of Information in private to discuss such problems.'

The ZUJ President said they would demand a meeting with Information Minister
Webster Shamu, to protest against the charges. He said ZUJ will fully
support Malaba and Tshuma and will also forward its protest to the police
authorities.

This is the first time since the promulgation of the Access to Information
and Protection of Privacy Act (AIPPA), the Broadcasting Services Act and the
Criminal Law Codification and Reform Act that staffers from a
state-controlled newspaper have been charged for media offences. Since the
promulgation of the laws in 2000 the police have only arrested journalists
from independent publications.

Zimbabwe has some of the harshest media laws in the world, passed in 2000.
Journalists face up to 20 years in jail for 'publishing false information or
statements that are prejudicial to the state or are likely to cause,
promote, or incite public disorder, or adversely affect the security or
economic interests of the country'.

Daily cholera update and alerts, 07 Apr 2009

 Full_Report (pdf* format - 199.5 Kbytes)

* Please note that daily information collection is a challenge due to communication and staff constraints. On-going data cleaning may result in an increase or decrease in the numbers.

Any change will then be explained.

** Daily information on new deaths should not imply that these deaths occurred in cases reported that day. Therefore daily CFRs >100% may occasionally result

A. Highlights of the day:

- 182 Cases and 13 deaths added today (in comparison with 536 cases and 7 deaths yesterday)

- 76.7 % of the districts affected have reported today 46 out of 60 affected districts)

- 96.8 % of districts reported to be affected (60 districts out of 62)

- Cumulative Institutional Case Fatality Rate = 1.7%

- Daily Institutional CFR = 5.06 %.

- No report received from most districts of Masvingo

- Data Cleaning

- Shamva denotified 2 cases and 5 deaths

- Chikomba 1 death

MDC sings the praises of Harare's unity government, but Mugabe is no mug

Comment from The Cape Times (SA), 6 April

By Peter Fabricius

Zimbabwe's new finance minister, Tendai Biti of the Movement for Democratic
Change (MDC), supposedly had to take a minibus taxi to the Southern African
Development Community (SADC) summit in Swaziland last Monday. He went there
with President Robert Mugabe to plead with SADC to fund Zimbabwe's $8.5
billion (about R77bn) short-term emergency reconstruction programme (Sterp).
But Zimbabwe's kitty had no money for an airline ticket, so he caught a cab.
Or so it is said. Yet it is also rumoured that Biti and all the other MDC
ministers in the new unity government cabinet - except education minister
David Coltart - were happy to accept official Mercedes-Benzes as the first
item of government spending. Something is wrong there.

SADC has "backed" Sterp, for what that is worth. South Africa offered $800m
in credit guarantees and grants. Other members said they would think about
it. Most of the money, though, will have to come from the usual soft touches
in the wider international community. The SADC leaders promised to try their
best to persuade these donors to part with the cash - and to urge the world
to lift sanctions, which even Biti now said were bad for Zimbabwe. In
Swaziland Biti, the former hardliner in negotiations, sang the praises of
the unity government. He insisted the new government was "walking the talk"
and starting to get things done, especially on economic policy. He stressed
that the IMF, which had just visited Zimbabwe, had "expressed great
pleasure" at Sterp, particularly the lifting of price and foreign exchange
controls, although it expressed reservations about laxness in financial
management and the existence of too many ghost workers in the public
service. Biti said he was sure that the IMF would issue a very positive
final report on its visit.

Even on politics, Biti was very upbeat. International donors have insisted
that at the very least they wanted to see a return to the rule of law -
including the release of all political prisoners and an end to lawless farm
invasions - before they would think about providing aid. For this reason
Prime Minister Morgan Tsvangirai, the MDC leader, was reported to have
declared forcefully and unequivocally at a cabinet retreat at Victoria Falls
this past weekend that unless political prisoners were released and the land
grabs stopped immediately, the country was doomed. Yet Biti insisted in
Swaziland that, along with all the other good things, a return to the rule
of law was now "irreversible". It is true that the IMF was fairly positive
in its official statement after its visit. And, with the dollarisation of
the economy and easing of foreign exchange controls, goods have returned to
the once-empty shelves of the supermarkets. But does this mean the country
is out of the woods? Are we missing the recovery of Zimbabwe because we
mostly predicted the unity government would fail?

It is very early to say. Most Zimbabweans don't have US dollars or rands to
buy those new goods. And, now that they are in, the likes of Biti have a
vested interest in the unity government's success. That may not be a bad
thing in itself. But they should be very wary of the old fox Mugabe. It was
always believed his strategy would be to suck in the MDC and use its foreign
credibility to revive the economy (and lift the travel bans on the president
and his mates) while he and Zanu PF maintained control. Meanwhile, the MDC
would be contaminated by association with Zanu PF. We have seen nothing to
contradict that understanding of Mugabe's game plan. Already we are seeing
poor Tsvangirai trying to explain away the new farm invasions. Unless the
MDC can get the rule of law restored very soon, it should pull out of this
government. And even before then, it should hand back those Mercedes-Benzes,
the very symbols of co-option.

Tsvangirai up against the wall

http://www.thezimbabwean.co.uk


Wednesday, 08 April 2009
Power sharing has entrenched tyranny

Moses Mudzwiti

IT IS 50 days since Zimbabwe's political rivals formed a unity
government and nothing much has changed - ordinary people are still hungry
and living in fear.

President Robert Mugabe may be 85, but he is not letting go of the
instruments that have kept him in power for three decades. His most potent
weapon - fear - remains as effective as ever.
Zimbabweans are afraid to complain about their terrible circumstances
in case they are branded enemies of the unity government. No one has the
guts to stand up to the charade of the power-sharing government.
Mugabe still calls the shots and now he has his former arch rival,
prime minister and leader of the Movement for Democratic Change, Morgan
Tsvangirai, in a total bind.
Seven weeks on and none of the MDC demands which threatened to derail
the formation of the unity government have been met.
The Southern African Development Community - the sponsor of the unity
government - assured the MDC outstanding matters would be speedily resolved
once it was on board. Instead, MDC activists remain behind bars, archaic and
draconian media laws are firmly entrenched, and arbitrary land seizures and
the systematic repression of "unpatriotic" businesses and people continues.
At the opening of a retreat for cabinet ministers in the resort town
of Victoria Falls on Friday, Tsvangirai owned up to the problems besieging
the unity government.
"There are still outstanding issues that should have been resolved at
the formation of this government," he said. "We must acknowledge and address
some of the elements that are obstructing the full implementation of the GPA
(global political agreement)."
The prime minister listed the matters which required urgent attention
as follows: tackling fresh farm invasions and the reversal of Mugabe's
arbitrary appointment of new provincial governors and other high-profile
officials. These matters would be resolved this week, Tsvangirai said. So
far, Mugabe has refused to get rid of his maverick central bank governor,
Gideon Gono, largely blamed for Zimbabwe's inflation record of 231 million
percent and the demise of its currency. It's unlikely he will agree to sack
his new attorney-general, Johannes Tomana, central in new land invasions
aimed at evicting Zimbabwe's remaining white commercial farmers.
All the talk about economic recovery and the restoration of individual
rights has not amounted to much. The government has not changed its ways.
Open dissent is still equated with treason. Independent journalists are
still prevented from practising their craft. Often branded as "terrorists",
they are unfairly denied accreditation.
Patronage and corruption continue to thrive openly. Those connected to
Mugabe and his Zanu(PF) party expect, and in most cases still get, whatever
benefits the government might still be able to disperse. Judges, army
officers and police bosses, reporters at state-owned media and other
Mugabe-loyalists have been handsomely rewarded with free farms, equipment,
fertiliser, seed and fuel. Some have even accepted plasma television sets as
part of the bargain. New members of parliament - the majority from the prime
minister's MDC - have been promised new vehicles once donor funding returns.
Meanwhile, cholera, which has killed more than 4000 people, remains a
threat. High-density suburbs in the cities still have no running water.
Regular power cuts have all but cut off communication with the outside
world.
Though supermarkets have managed to stock up on food, their prices
remain beyond the reach of many. With unemployment running at more than 90
percent, money is not easy to come by. The United Nations estimates that 7
million of the country's 9 million people are in dire need of food aid.
Hospitals and schools continue to operate on an ad hoc basis.
But Tsvangirai remains optimistic. On Friday, he outlined what he
described as the unity government's achievements.
"Together, we have overseen the opening of hospitals and schools, the
taming of hyperinflation, the lowering of prices of basic commodities and
the rationalisation of utility tariffs.
"We have started paying civil servants a monthly allowance to allow
the public sector to begin working again and to provide an essential
stimulus to the economy," he said.
However, for government workers who have been reduced to earning just
$100 (R914) a month, Tsvangirai's optimism provides cold comfort. All
government workers earn the same salary because differentials are paid in
worthless Zimbabwe dollars.
Undeterred by the lack of visible progress, Tsvangirai has tasked his
expensive and expansive 71-member cabinet with creating a recovery plan to
take effect in the next 100 days. But with no money in the kitty, Zimbabwe
hopes its neighbours and sympathetic international donors will come to her
rescue. Estimates of how much money is needed to revive the economy have
varied from $2-billion (R18.2 billion) to $10-billion.
However, as Tsvangirai has noted, some things have to change before
sceptical donors can be won over. "Donor countries and multi- lateral
institutions are looking at the restoration of the rule of law as a key
benchmark that must be achieved before they will fully engage with this
inclusive government," he said.
The problem is that the unity government has a life span of just two
years. Time is of the essence. Within the next 16 months, a new constitution
should be in place ahead of new elections.
Meanwhile, Mugabe, whose re- election last year was widely held as a
fraud, enjoys a fresh mandate, cemented and legitimised by the MDC.
As for ordinary Zimbabweans, their fear of Mugabe has been re-
inforced by his defiance of the West and his remarkable ability to get his
former enemies to address him as "your Excellency".
The old geezer is going nowhere, and no one can do anything about it.

The Times (SA)

Going, Going Gono?

http://www.iwpr.net/EN-zim-f-351617

The knives are out for Zimbabwe's profligate central bank governor.

By Chipo Sithole in Harare (ZCR No. 188, 8-Apr-09)

Controversial Reserve Bank of Zimbabwe, RBZ, governor Gideon Gono is
fighting for his political life, with his powers severely whittled down and
his unfettered access to the treasury cut off.

On April 9, President Robert Mugabe, Prime Minister Morgan Tsvangirai and
Deputy Prime Minister Arthur Mutambara are expected to meet to end Gono's
tenure at the helm of the RBZ.

The three have resolved to audit the central bank and to take action if
there is evidence of impropriety on the governor's part, as alleged by
donors and by both Tsvangirai and Mutambara.

Gono's mandate as central bank chief was unilaterally renewed by Mugabe for
a second five-year term in December 2008, sparking opposition outrage.

The Movement for Democratic Change, MDC, which blames Gono for ruining the
economy, insists the governor's re-appointment went against the spirit of
the September 15 power-sharing agreement which sets out that all executive
appointments must be made after consultation between Mugabe and his prime
minister.

Calls for the governor's removal have escalated, with the latest coming from
the G20 group of countries who are expected to bankroll Zimbabwe's
reconstruction. The G20 issued a statement urging the new government to take
steps to demonstrate its commitment to reform through "the establishment of
a credible and transparent central bank team".

Britain's Africa minister Lord Malloch-Brown has warned that no financial
support will be forthcoming until there is new, competent and trustworthy
team at the central bank.

Gono is a personal banker to and personal friend of Mugabe, who is battling
to keep him in his job.

Recently, calls for Gono to be sacked have intensified. Parliament has
summoned him to respond to reports of impropriety.

In an apparent attempt to curry favour with legislators ahead of the
meeting, Gono pledged at a meeting held in Harare on April 2 to give the 314
representatives in both houses of the bicameral parliament second-hand
vehicles while they await their brand-new Nissan Navaras, to be used for
constituency work.

The used vehicles were apparently bought for an ill-fated project during
which central bank staff were deployed around the country to educate the
public about the country's new currency.

Claiming that his offer was a "temporary measure" to enable legislators to
visit their constituencies, Gono said, "You will give us back our vehicles
when the finance minister gets money to buy you new vehicles."

The offer had the effect of mollifying some of the more vocal members of
parliament, who were demanding the central bank chief's head.

Finance Minister Tendai Biti, who has clipped Gono's wings and has
reportedly called at two successive cabinet meetings for the governor to be
removed, has warned him against giving away cars, stating that it is not his
job to do so.

At the ministerial retreat in Victoria Falls, Biti instructed Gono to stop
engaging in "quasi-fiscal activities". "[He] had no authority to give the
members of parliament the cars," Biti said. "I certainly need to know where
the money came from."

The offer comes amid swirling controversy over the brand-new luxurious,
three-litre official Mercedes Benz E-Class vehicles accepted by MDC
ministers who, in the past, have railed against government profligacy amid
grinding poverty.

Education Minister David Coltart is the only member of the cabinet to have
rejected the luxury vehicle, saying he could not accept the offer with a
clear conscience.

Chipo Sithole is the pseudonym of an IWPR-trained reporter in Zimbabwe.

Nobel Peace Laureate urges Africans to "rise up" and demand better leaders

From CNN, 7 April

By Hilary Whiteman

The same problems that brought the global banking system to its knees are
shackling Africa to a future of corruption and hunger, Nobel Peace Laureate
Wangari Maathai told CNN. "In any society, if there is no regulation, if
there is no control, you will always get greedy and selfish people who are
prepared to take the economy very far for their own selfish ends," she said.
The 69-year-old Kenyan was speaking on the phone ahead of the launch of her
book, "The Challenge for Africa," in the US this week. "To me the whole
continent, especially south of the Sahara, is facing the same challenges and
the main challenge there, as I have said many times, is governance. People
get leaders they deserve," she continued. "So if they are getting leaders in
Africa that are not caring about us, it's because they let them. If we want
a responsible leadership, the African people have to rise up and demand that
kind of leadership from their leaders."

Wangari Maathai has a long history of pushing boundaries in Africa. In 1964,
she became the first woman in East and Central Africa to earn a doctorate
degree and went on to establish the Green Belt Movement, a tree-planting
scheme promoting both the empowerment of locals and environmental
conservation. In 2004, she was awarded a Nobel Peace Prize "for her
contribution to sustainable development, democracy and peace." In 2009, she
told CNN she is worried about the impact of the global economic downturn on
Africa, combined with the consequences of global warming on a continent
that's already suffering from drought, food shortages and a paucity of
responsible leadership. "We see time and time again that the ruling elite
are the least concerned about the poor and not only use the poor to argue
their case, but when the money is available they're not paying attention to
the issues that would make a difference in the lives of the poor people."

She said the rumbles of discontent among the people of Kenya, her home
country, were getting louder. On December 12 last year as the country
celebrated 45 years of independence from British rule, President Mwai Kibaki
was heckled as he addressed the crowd. "For the first time in our history,
the president was shouted down as he was trying to address the people.
People shouted 'food, food, food ... we are telling you we want food,'"
Maathai recalled. "That was completely unprecedented so you can see that
people are unhappy, people are dissatisfied and are even willing to let
their leaders know." Fifteen years ago, Maathai would have been worried
about the possible consequences of publicly criticizing the Kenyan
leadership. In those days, former President Daniel arap Moi presided over an
era of political repression. After his retirement in 2002, Maathai was
herself elected to parliament and served as a minister until 2007. An
election in December of the same year sparked violent clashes between
supporters of the incumbent President Mwai Kibaki and the opposition leader
Raila Odinga, both of whom claimed victory. They reached a power-sharing
deal in April 2008 with Odinga taking the post of prime minister.

"It was a problem literally created by politicians because they wanted
power," Maathai said of the recent turmoil in Kenya. "They were able to
incite the poor people, they were able to make them kill each other, and
they were able to make them rise up against each other. But now that they
manage to come together, negotiate power, to share power. What did they do?
They created the largest cabinet we have ever seen; 44 ministries and 53
assistant ministers. And why was that? Because they were trying to please
each other. At the same time people are starving, people are suffering, and
they are not spending the money on the poor, they are spending the money on
themselves," she said. Maathai said the very fact that she was able to
release a book criticizing Africa's political leadership demonstrates how
much has been achieved in the past few decades. "I'm able to write a book
like that, and I'm not in jail yet and so we are making the changes, but
unfortunately for the majority of the people change is not coming fast
enough," she said.

Press Statement - UPP R/04/09

ZIMBABWE, OPPORTUNITY OR BETRAYAL

Zimbabweans must try hard to be optimistic and co-operate with all
progressive policies of this government, for the sake of our country, and
work hard to minimize any further collateral damage. Maybe this honeymoon
may last. However, let us wish this dispensation well. Let us hope that
reason, justice, peace and love can be the mainstay of our nationhood. Yet
in our optimism, let us not be oblivious of the truth. It is this truth that
will inform us of the evils we are confronted with, and how to scale the
said challenges.

We now must move forward and do all that we can, to peacefully shape our
future. To do so, we need to know what we really want, how to get it, and
begin to move decisively towards the attainment of our objective; democracy.
Zimbabwe is currently experiencing a semblance of a dawn. The media is
hyping away, in a very partisan fashion, as it did in the period leading to
the failed elections and now, this Power Sharing deal. Everybody is quiet or
is neglecting the truth of the ensuing bleak future, in the absence of true
democracy. Let us not seek to mislead our nation about the reality and the
medium to long term consequences of our situation.

The management and conduct of the disputed and bloody 2008 elections exposed
yet another dark side of our political history. Murders, Assaults,
Corruption, Partisanship and absence of the Rule of Law, were manifested at
an unprecedented level. Has this ended? Is Zanu PF exercising the
'Possession is 90% of the law,' expression? Which law? Why did the MDC
capitulate when they seemed to have Zanu PF on the back foot? Was it for
expediency, democracy or power? We are all curiously watching. Time will
tell.

Zanu PF realized that it could manipulate and distract the MDC from the real
issues and point it to the Power Sharing agenda. The stage was then set for
cosmetic changes and a false partnership, giving Zanu PF a new lease of
power. In the long term, the MDC will be weakened, thus will always be a
junior partner, marginalized and of no real effect to the future of the
country. Others more astute have fallen before them.

The UPP has been advocating for an inclusive Government of National Unity
(GNU). This would have included other Political parties, Civic Society, the
Church, Women groups, Youth groups, and Business representatives. We
objected and continue to object to an exclusive Zanu PF and MDC deal, but
advocate for an inclusive national position, collectively driven to meet
specific milestones that lead to true democratic elections. The current GNU
is only about Power Sharing, not inclusive and has no democratic mandate. It
is in fact, an open ended Zanu PF agenda, without any measurable democratic
deliverables.

The Constitutional Court judgment of August 2008 and the pending SADC
Tribunal case on elections and GNU respectively, clearly show the extent of
flaws in the whole GNU process. This is one of the issues that caused the
negotiated agreement to be wrong footed and focus on Power Sharing, instead
of the Democratization Process. True power sharing would have occurred as a
consequence of an inclusive democratization process, and not vice versa.
Zimbabwe can not settle for early, but short lived dividends. It must be
noted that, any elections under the current constitution or electoral laws,
can not be democratic, free or fair.

The GNU should be a temporal or bridging authority, whose main focus should
be the ushering in of a new popular people driven constitution (Not some
Kariba document agreed upon by Zanu PF and MDC). A popular constitution
would address the issues of the abuse of power, elections, rule of law,
corruption and many other issues of public interest. The nation has been
short changed and betrayed. Zimbabwe has been greatly compromised and let
down by SADC.

A new popular constitution would underwrite and underpin our freedoms, rule
of law and the basis upon which our economy can be turned around. Politics
of patronage have always been Zanu PF's mainstay. We must refuse to be part
of it. The international community has not been fooled; neither should
Zimbabweans be sweet talked while being raped. Let us be guarded, the false
perception we find our country in is unsustainable without internal growth,
which must be triggered by investor confidence and international financial
and technical support.

The authoritarian nature of the Zanu PF government is still at play.
Extralegal and extrajudicial activities, disrespect of the rule of law,
expropriation of property, police arrests (investigate later), and other
human rights abuses still subsist. Are we really free or betrayed?  These
activities do not instil confidence, but only lead to further distraction
and hardships. What we really need is a popular Constitution. We need order.
We need peace. Let's not fail the nation and our future or destroy the hope
and optimism.

You shall know the truth, and the truth shall make you free. May our good
Lord bless Zimbabwe and may we all be covered by the blood of Jesus. Thank
you.

By Dr Daniel  K. Shumba

President, United People's Party (UPP).

Constitution Watch 1 of 7th April 2009 [Towards a New Constitution]

CONSTITUTION WATCH 1/2009

[7th April 2009]

Parliamentary Process Leading to a New Constitution

Under article 6 of the Inter-party Political Agreement [IPA] the inclusive government must draft a new Constitution for Zimbabwe and put it to the people in a referendum.  According to the IPA, the drafting will be done by a select committee of Parliament, which must consult “stakeholders” and the public and hold two All-Stakeholders Conferences for the purpose.  If Parliament’s draft is approved in the referendum, then the Inclusive Government must have it introduced into Parliament as a Bill, and, if Parliament passes the Bill, it must be brought into force as the new Constitution of Zimbabwe.  [Electronic version of the IPA is available on request]

Time-Frame for the Parliamentary Process

The Inclusive Government is given a maximum of 20 months in which to complete the various stages of the process.  The IPA specifies time-limits for each stage, starting from the date of inception of the inclusive government.  As article 6 was not incorporated into the Constitution by Constitution Amendment No 19, it is just an agreement between the parties, and they could renegotiate the timetable, but the present indications are that the inclusive government will try to abide by the agreed timetable.

[The dates given below are the deadlines based on the maximum time allowed for each stage under the IPA, Article 6]

13 February 2009 saw the inception of the new Government [i.e. the date on which most of the Ministers were sworn in]

13 April - Select committee to be set up [must be done within two months of inception of a new Government]

13 July - Convening of the first All Stakeholders Conference [must be held within 3 months of the date of the appointment of the select committee]

13 November - Public consultation process completed [must be completed no later than 4 months after the date of the first All Stakeholders Conference]

13 February 2010 - The draft of the Constitution must be prepared and tabled before a second All Stakeholders Conference [must be done within 3 months after  the public consultation process is completed]

13 March - The committee’s draft Constitution and its accompanying report must be tabled before Parliament [the draft and report must be tabled within 1 month of the second All-Stakeholders Conference]

Parliament has a month to debate the draft and report [presumably both Houses]

13 April - Parliament [i.e. both Houses] must conclude its debate on the committee’s draft Constitution and report [within one month]

The draft Constitution emerging from Parliament [i.e. with whatever changes Parliament has made to it] must be gazetted before the holding of a referendum.

According to Article 6.1 of the IPA, the Committee's draft Bill must be introduced into "Parliament" and the Bill "emerging from Parliament" must be gazetted and put to a referendum.  The negotiators seem to have forgotten that there are two Houses of Parliament, and the IPA does not say what is to happen if the Senate and the House of Assembly fail to agree upon the Committee's draft.  If they conclude their debate with irreconcilable differences as to what should be included in the draft, what is to be put to the referendum?  

13 July - A referendum on the new draft Constitution must be held [within 3 months of the conclusion of Parliament’s debate]

13 August - The gazetting of the draft Constitution as a Bill, if it is approved in the referendum [it must be gazetted within 1 month of the date of the date of the referendum] ;  what is to happen if the Bill is rejected in the referendum is not stated]

13 October - The Constitution Bill must be introduced in Parliament [presumably either the House of Assembly or the Senate] [this must be done no later than 1 month after the expiration of the period of 30 days from the date of its gazetting]

No time limits are given for what happens after the Constitution Bill is introduced in Parliament - probably because, if Parliament passes the Bill, the procedure for bringing the new Constitution into operation will be laid down in the Bill itself.

The IPA does not say what is to happen if Parliament rejects the Constitution Bill – although it is unlikely to do so if the Bill has been approved at a referendum.

Select Committee of Parliament on the Constitution

This select committee should be announced within the next week.  Unofficial reports say the three political parties have agreed that the select committee should consist of 25 members of Parliament co-chaired by a member from each of the parties.

Article 6.1 of IPA states that this committee may set up sub-committees which will include representatives of civil society as well as members of Parliament.  Each sub-committee will be chaired by a member of Parliament.

The  select committee is mandated to hold public hearings and engage in whatever consultations it considers necessary for the constitution-making process.

Parliament-Driven Process vs People-Driven Process

The Constitution-making process and time-frame outlined in the substantive provisions of article 6 of the IPA, is essentially a Parliament-driven process, albeit with some consultation with stakeholders and the public.  The question is whether this will satisfy the aspirations of Zimbabweans to have a “people-driven” constitution-making process.  In fact, the preamble to article 6 in the IPA recognises these aspirations:

“Acknowledging that it is the fundamental right and duty of the Zimbabwean people to make a constitution by themselves and for themselves;

Aware that the process of making this constitution must be owned and driven by the people and must be inclusive and democratic;

Determined to create conditions for our people to write a constitution for themselves;”

As article 6 is not written in stone [it was not incorporated into the Constitution] perhaps the political parties can agree to revisit the Constitution-making process, taking the sentiments of the preamble into consideration, in order to satisfy all those who have been working on a new Constitution for the last twelve years.  

It would be disastrous to have parallel processes such as took place in 1999, with a Government Constitutional Commission and a National Constitutional Assembly process running concurrently, and the outcome being a rejection of the government Constitution in the referendum of February 2000. 

“Kariba Draft Constitution”

[Electronic version available on request]

In the preamble to article 6 of the IPA, the parties “acknowledge” a draft constitution that they signed at Kariba on 30th September 2007.  Although this acknowledgement does not bind the select committee to base its new draft on the Kariba draft, the mention in the IPA of this draft, which is considered very unsatisfactory by most civil society analysts, has raised concerns that it will be used as a starting point by the select committee.

Civil Society Initiatives

Civil Society got off the mark quicker than the government.  On 6th February a Constitutional Conference was held with several hundred participants representing NGOs, Unions, Churches, youth organisations, etc.  The Conference included an overview of the of the Peoples Charter and its position on a new Constitution [People’s Charter available in electronic version on request] and of the history of civil society’s campaign for a new Constitution which has been ongoing since 1997.  The Conference went on to examine the constitution-making process set out in Article 6 of the IPA vis-à-vis what has already been set out in the People’s Charter and in civil society’s previous work [in particular the NCA’s] on constitution-making.  The conference issued the following communiqué:

NATIONAL CIVIL SOCIETY CONSTITUTIONAL CONFERENCE

COMMUNIQUÉ

We civil society organisations in Zimbabwe, meeting at the All stakeholders Constitutional Conference, in Harare on the 6th of February 2009;

Recalling the processes that lead to the creation of the Peoples’ Convention and subsequent drafting and adopting of the Peoples’ Charter;

Specifically recalling the spirit and letter of Article 3 of the Peoples’ Charter in respect of constitution making processes;

Being mindful of the Global Political Agreement, particularly Article 6 which relates to a constitution making process;

We the civil society organisations hereby affirm our commitment to the following:

1.             We hold that Article 6 of the Global Political Agreement is and remains inadequate as a tool of creating a new people driven constitution.  This is because the oversight role given to the Parliament of Zimbabwe in the same said article is undemocratic and subject to political party control as evidenced by the passage of Constitutional Amendment Number 19 on February 5 2009 and that this view shall be communicated to the political parties in the GPA as well as the Parliament of Zimbabwe.

2.             We reaffirm our commitment to Section 3 of the Zimbabwe Peoples Charter which outlines both the content and process of a people-driven constitution.

3.             That civil society shall be guided by the principles articulated over the last 10 years in relation to constitutional reform, both in the People’s Charter as well as in Resolutions of the People’s Constitutional Convention of 1999 on the definition of people driven processes in relation to an All Stakeholders Constitutional Commission, National Referendum, National Outreach, Compilations and Draft Constitution.

4.             That at the end of the constitutional reform process, there should be a general election conducted in terms of the provision of that new democratic constitution.

5.             That the views sought and acquired after a public outreach and consultation process be made public as well as unchangeable by law or the Parliament of Zimbabwe.

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied