ZANU PF dismisses draft constitution after marathon meeting

http://www.swradioafrica.com

By Alex Bell
09 August 2012

ZANU PF’s top decision making body ended a marathon meeting about the new
constitution in the early hours of Thursday morning, stating it will not
accept the draft in its current form.

The Politburo meeting started on Wednesday, amid speculation that Robert
Mugabe’s party is deliberately stalling on making a decision. This was the
fourth meeting since the draft charter was released late last month, with
ZANU PF still not taking an official position.

Instead, the meeting ended at about 5am on Thursday with the party insisting
that the current draft must be renegotiated. ZANU PF spokesman Rugare Gumbo
said that the party could not accept the draft without changes to several
clauses.

“The party is expecting the amendments to be factored in by Wednesday next
week, when the politburo meets to finalize its position on the draft
constitution,” Gumbo said.

ZANU PF’s chief negotiator in the constitution reform process, Patrick
Chinamasa, said after the last Politburo meeting that once the party
executive had reached a final decision on the changes they want, this would
be brought before the Constitution Management Committee.

Gumbo meanwhile had previously expressed confidence that ZANU PF’s partners
in the government would renegotiate, saying: “We cannot afford to see the
process come to naught.”

But the MDC formations in the unity government have both insisted that the
negotiations have been finalised and no more changes can be made to the
document. The two parties have thrown their weight behind the draft, both
saying they will campaign for a ‘yes’ vote ahead of a referendum.

Blessing Vava from the National Constitutional Assembly (NCA) told SW Radio
Africa on Thursday that ZANU PF has cleverly manipulated the multiple flaws
in the constitution reform process, saying the negotiation loophole is wide
open.

“In a negotiated process, a process steered by politicians, we were likely
to get such scenarios. This process is flawed and these are the loopholes
that have exposed this,” Vava said.

He said that negotiating the document was a deviation from the original
process that was meant to be people driven and this deviation “left the
process open to manipulation and abuse.”

“ZANU PF is capitalising on a flawed process… this was never about the
constitution, it was about the parties getting their preferred positions in
place. And it’s very sad for Zimbabwe,” Vava said.

The NCA official also said that the MDC formations have been ‘duped’ by ZANU
PF into believing that the document is a good one, despite the draft clearly
favouring the ZANU PF position.

“It is ZANU PF that has gained more than the MDC, and all they are doing now
is pushing for more concessions,” Vava said. He added that it was likely the
amendments will be allowed, and soon we will see the Principals in
government giving their approval.

Civil Society Charges Political Sparing Over Draft Constitution Shadowing People

http://www.voanews.com/

08 August 2012

Tatenda Gumbo | Washington/Harare

As political parties spar over the draft constitution, civil society
organizations have embarked on a voter education campaign to ensure that
stakeholders are not marginalized.

The Centre for Community Development Zimbabwe (CCDZ) launched the national
voter education campaign to improve locals' political knowledge, mostly in
rural areas where they are unable to access the draft document.

The ruling parties' political discord has effectively delayed the adoption
of Zimbabwe's draft constitution and some civil society groups are already
pushing for a ‘no’ vote.

Though the two formations of the Movement for Democratic Change have adopted
the draft charter, the Zanu PF politburo held a marathon meeting in Harare
on Wednesday to make final decisions on the draft constitution which had
been agreed by all the three parties in the shaky unity government.

During the previous meetings, the party expressed reservations on a number
of issues including the appointment of governors, presidential running
mates, the judiciary and operations of the office of the attorney-general.

CCDZ officials said Zimbabweans must be educated and empowered in order to
make informed political choices.

Center Director Phillip Pasirayi said Zimbabweans know their basic voting
rights. "We are just telling people about the contents of the draft and
provisions of a democratic constitution," said Pasirayi

The voter education campaign is expected to continue up to the next polls.

Meanwhile, civil society organisations have petitioned the inclusive
government and other stakeholders over the continued outbreak of prevantable
diseases such as typhoid in Zimbabwe.

Training stopped, but census still to take place

http://www.swradioafrica.com

By Tichaona Sibanda
08 August 2012

The exercise to train enumerators for the country’s population census has
been abandoned, after uniformed forces hijacked the program and demanded
they be included .

Many believe the attempt to take over the census has the full backing of
ZANU PF.

On Thursday government announced that the training of enumerators had been
stopped, but the count itself would go ahead as planned on the 17th and 18th
August.

Acting Finance Minister Gorden Moyo told journalists at the news conference
in Harare that the bulk of teachers to be used for the exercise were already
qualified and trained, as the majority of them took part in the last census
conducted in 2002.

‘Where we don’t have access like military and police camps, we will use our
armed forces so they still have a role to play in the exercise,’ Moyo said.

On Wednesday Moyo had issued a statement saying cabinet were only going to
allow a certain number of uniformed forces to be involved in the census. The
armed forces, controlled by Mugabe’s powerful Junta, had wanted 10,000 of
their men and women to be part of the 31,000 enumerators. But cabinet only
approved just over 1,500 officers from the uniformed forces.

The Ministry of Finance, which is in charge of the process through the
national statistical body Zimstats, said it had allocated 292 slots to
prison services, 541 to the police, 467 to the defence forces and 267 to the
CIO.

But political commentator Pedzisai Ruhanya told SW Radio Africa that the
cabinet decision on the census was bogus and meant to mislead people. He
alleged that the decision to disrupt the program was made by a political and
military cabal that supports Mugabe.

‘Any other speculation and postulation is misguided and what the army is
doing is a clear directive from the regime led by Mugabe. What the army is
doing is promoting the interests of ZANU PF,’ Ruhanya added.

The commentator said the former ruling ZANU PF is deliberately pushing for
the inclusion of its partisan forces to monitor the census. Census results
could be used to determine political boundaries and could shift control of
the House of Assembly.

‘For instance, it will tell us how many people are in the rural areas
because there’s a myth that has always been there, that ZANU PF is supported
by people in rural constituencies and that they are the majority.

‘So this census will tell us how many people are in Tsholotsho, Muzarabani,
Harare and Bulawayo. It will demystify certain perceptions about the
demographic nature of our country and will tell us how many people will be
eligible to vote,’ said Ruhanya.

The chaos began earlier this week when thousands of soldiers, police, prison
officers and CIO went on a destructive rampage, stopping the training of
enumerators in each of the country’s 10 provinces. At some venues the
soldiers took all the food meant for enumerators and confiscated training
materials. They also vowed that ‘there will be no peace until we are
included in the Census training and exercise.’ On Wednesday Newsday
journalist, Blessed Mhlanga, was reportedly assaulted by suspected soldiers
while covering the chaos surrounding the census training exercise in Kwekwe.

With less than a year to go before the country heads to a crucial poll, this
is more evidence of powerful and divisive forces out to divide, instead of
unite, Zimbabweans.

On Thursday the country’s leading newspapers and websites carried front page
headlines that provided the latest evidence of the urgent need for security
sector reform before elections.

‘Security Forces Block Census Workshops;’ ‘Soldiers invade census centres;’
‘Census: Riot police descend on girls high school and stop process;’
‘Soldiers Disrupt Census Trainings in Bulawayo;’ were just some of the
shocking headlines summarising the fiasco surrounding the whole process.

MDC-T spokesman Douglas Mwonzora said: ‘If we cannot hold a census, how are
we expected to hold a fresh and fair election.’

Civic groups lobby Tanzania to act on Zim crisis

http://www.swradioafrica.com/

By Tererai Karimakwenda
09 August 2012

A coalition of five civil society groups travelled to Dar es Salaam last
week to brief diplomats, political parties and media organizations about the
situation on the ground in Zimbabwe. They were also there to lobby for free
and fair elections, ahead of the SADC summit to be held in Mozambique next
week.

Prime Minister Morgan Tsvangirai is on a regional diplomatic mission around
the same issues and was in Tanzania Thursday. He held a one-hour meeting
with President Jakaya Kikwete in Dar-es-Salaam. Last week he also held a 30
minute private session with President Joyce Banda of Malawi, on the
sidelines of a book launch in Johannesburg.

Tanzania takes over the chairmanship of SADC’s Troika on Security and
Defense next week, when heads of state meet in Maputo. The Troika was
appointed to oversee the political negotiations in Zimbabwe and report to
regional leaders on any progress.

But many critics and observers are now beginning to question the importance
of SADC’s intervention in Zimbabwe. The SADC appointed mediator, President
Jacob Zuma of South Africa, has not been very evident in the political
negotiations that have been taking place.

A SADC team that was appointed to assist JOMIC to fully implement the Global
Political Agreement has still not started their work, several months after
regional leaders decided progress was too slow and JOMIC needed help.

Dewa Mavhinga, the regional coordinator of the Crisis Coalition, said the
lack of resolve on the part of SADC leaders is one of the reasons the civic
groups travelled to Dar es Salaam last week. With Tanzania taking over the
chairmanship of the Troika, the groups wanted to ensure Zimbabwe remained on
the SADC agenda.

“We wanted to brief them and lobby for a more robust position and for SADC
to enforce its agreement and decisions on Zimbabwe, in order to prepare for
credible, non-violent and free and fair elections,” Mavhinga explained.

He said SADC needs to move beyond issues of sovereignty and find ways to
pressure for change in Zimbabwe. “We got a clear commitment that Zimbabwe
will be brought up within their own parliament and remain on the SADC
agenda,” Mavhinga added.

But highlighting the problems of expecting SADC to initiate change,
including media reform in Zimbabwe, was the fact that during the civic
leaders visit to Tanzania a local newspaper was banned on allegations that
it was threatening the peace and unity of the country. Mavhinga said this
reflects the broader challenges within SADC, with some countries being
“allergic to democratic change”.

US Promises to Reward Progress For Free Zimbabwe Polls

http://www.voanews.com/

08 August 2012

Blessing Zulu | Washington

United States Secretary of State Hillary Clinton says Washington will reward
efforts by Harare to pave the way for free and fair elections promising to
“match action for action."

Speaking at Cape Town University in South Africa Wednesday, Clinton who is
on an 11-day tour of Africa said the international community has made it
clear that the people of Zimbabwe deserve the right to have their voices
and votes counted in a free and fair election.

She urged SADC leaders - including Zimbabwe mediator President Jacob Zuma of
South Africa - to push for the adoption of the draft constitution appended
by the three coalition partners but now being rejected by Zanu PF.

A new constitution will lead to the holding of fresh polls, five years after
the violent and chaotic 2008 election.

Clinton urged regional leaders to ensure that Zimbabwe will hold a credible
referendum and internationally supervised free and fair polls.

The position of the United States echoes that adopted by the European Union
which imposed sanctions on President Robert Mugabe and his inner circle.

The United States and European Union maintain sanctions against the
president and his colleagues. The E.U. agreed to lift most sanctions imposed
on Mr. Mugabe’s inner circle - but not those against him and his family - if
the country adopts a raft of democratic reforms.

Human rights lawyer Dewa Mavhinga of the Crisis in Zimbabwe Coalition said
Clinton’s call is welcome though he urged Harare to adopt reforms without
waiting for international pressure.

Meanwhile, the Prime Minister’s spokesman said Mr. Tsvangirai, who is on a
diplomatic offensive ahead of the regional Southern African Development
Community regional summit next week, has a successful meeting Wednesday in
Maputo with Mozambican President Armando Guebuzza.

In a Facebook message, Luke Tamborinyoka said Mr. Tsvangirai is expected to
hold another important meeting on Thursday with Tanzanian President Jakaya
Kikwete.

At the same time, the Prime Minister’s MDC has described as barbaric moves
by suspected Zanu PF militia, members of the Central Intelligence
Organization and the military to take over venues for training enumerators
in some parts of the country.

In a statement, the party said the action by the police and soldiers "is a
deliberate and well-calculated scheme to derail the population census
expected to kick off next week".

The MDC said armed riot police in Harare descended on Harare Girls High
School and ordered all enumerators undergoing training to leave.

The party said these Zanu PF aligned state agents are trying to block the
holding of a transparent census and referendum and free and fair polls next
year.

The party believes that Zanu PF does not want the process of counting people
to continue as this will “affect their traditional rigging plans when the
delimitation exercise for constituency boundaries starts.”

MDC Says Zanu PF Forcing Zimbabweans to Pay for Heroes Celebrations

http://www.voanews.com

08 August 2012

Jonga Kandemiiri | Washington

The Movement for Democratic Change formation of Prime Minister Morgan
Tsvangirai claims some Zanu PF officials in Mashonaland East Province are
forcing villagers to contribute cash for holding this year's national heroes
celebrations.

MDC Mashonaland East provincial chairman Piniel Denga said they are
receiving reports that villagers were being forced to make these
contributions as far afield as Kotwa in Mudzi, Mutoko, Uzumba,
Maramba-Pfungwe and Murehwa districts.

Similar reports have been made in Mashonaland Central and Manicaland
provinces where ordinary people are being told to pay $2.00 per household.
Companies are forced to fork out $20.00.

Denga told reporter Jonga Kandemiiri that people should not be forced to
commemorate national events.

But Paddy Zhanda, Zanu PF member of parliament for Goromonzi North denied
the MDC claims saying those who were being forced to make the contributions
should report these incidents to the police.

Villagers in most parts of Zimbabwe are usually forced by Zanu PF to pay
varying amounts for heroes celebrations.

Cabinet backs Gono's bank capital hike

http://www.newzimbabwe.com

08/08/2012 00:00:00
by Gilbert Nyambabvu

CENTRAL bank chief Gideon Gono has secured full government backing for a
ten-fold hike in minimum capital requirements for the country’s banks which
had appeared to spark a cross-party cabinet revolt.

Acting Finance Minister Gorden Moyo said Wednesday that the increases were
necessary to clamp down on abuse of depositors’ funds as well as “usurious
interest rates and exorbitant fees” charged by the banks.

“Both Cabinet and Treasury stand by and support the measures announced by
the Governor,” Moyo told a press conference in Harare, also attended by Gono
and several ministers including Obert Mpofu (Mines) and Walter Mzembi
(Tourism).

“The government is satisfied that the measures that the Monetary Authorities
announced are both necessary and good for the economy of Zimbabwe as it
seeks to position itself as a key economic player in the region and beyond.”

Gono recently increased to US$100 million the minimum capital requirements
for commercial and merchant banks from the current levels of US$12.5 million
and US$10 million respectively. He gave the banks until the end of 2014 to
meet the new thresholds.

Critics raised concerns that the move would result in closures of indigenous
banks most of which struggled to meet current capital requirements with two
having already been forced to surrender their operating licences.
But Moyo said the government was fully behind the increases.

He went on: “All banking-sector stakeholders and the public are hereby
advised that government stands fully behind the recently announced Monetary
Policy Statement and the phased capital mobilisation programme at the
announced levels and urges everyone in the banking sector to comply and all
Zimbabweans and stakeholders outside our borders as well as our cooperating
partners to rally behind our efforts, bearing in mind that the central bank
stands ready to assist with directing all sector players in need of such
technical/ directional assistance.”

Opponents of the move rounded on Gono, arguing the increases were
unrealistic considering the size of Zimbabwe’s economy. Some suggested that
poor regulation by the central bank was responsible for the fragility of the
country’s banks.

Said UK-based banking expert and New Zimbabwe.com blogger Lance Mambondiani:
“The central banks’ abdication of effective regulation and supervision,
preferring to manage banks by a yearly increase in capital requirements is
patently bad policy which takes the course of least resistance whilst
failing to address the core of a 10-year crisis.

“The recurrence of near identical bank crises since 2003 even after several
changes in the capital requirements could indicate that the problem is less
about adequacy.”

Munyaradzi Kereke, a former adviser to Gono, who has been crusading against
his former boss said the move was a “dangerous, reckless experiment”,
adding: “This decision merits the RBZ top team and the board being fired.
Immediately!”
Still, Gono said he welcomed the “robust debate” and criticism of the
measures.

“The exercise of constitutional and democratic rights by Zimbabweans through
the free expression of their views, in efforts aimed at adding value to
policy formulation in respect of the financial sector, is a development that
we greatly appreciate,” he said.

“Assuredly, we will amalgamate all the expert views and opinions proffered
to inform debate on this pertinent subject. This wealth of information will
form part of our library reference material which will remain at our
disposal as we craft future policies for the banking sector and the economy
at large.”
He insisted that the banking sector was largely supportive of the increases.

“I am gratified by the level of preparedness and responsiveness of the
majority of bankers to our call for enhancement of capital levels. What
remains, however, is to give those intentions greater expression through
real and tangible deliverables,” he said.

The RBZ chief also downplayed reports of initial cabinet opposition saying:
“Discussions in Cabinet and at all other forums referred to were robust,
insightful and supportive of a vision for a well-run, adequately
capitalised, diversified, strong, reliable and well supervised financial
sector in Zimbabwe.

“This undoubtedly ensures that the country’s financial sector plays its
rightful role as the fulcrum of economic development.

Govt under pressure to deal with typhoid outbreaks

http://www.swradioafrica.com

By Alex Bell
09 August 2012

Zimbabwe’s government has this week come under more pressure to urgently
deal with the ongoing threat of typhoid, which continues to affect hundreds
of people across the country.

Most recently a fresh outbreak of typhoid has been reported in Chitungwiza
and in parts of Harare, and at least 112 cases have been reported. The local
council has been blamed for failing to deal with issues of sewerage
management and access to clean water.

Typhoid has been reported in Zimbabwe since last year and the worst affected
have been the densely populated areas around Harare’s centre, including
Kuwadzana and Mufakose. That outbreak threatened to spread across the
country, after cases were confirmed in Bindura, Mashonaland Central and
Norton and Zvimba in Mashonaland West.

In February the Health Ministry admitted it was not on top of the situation,
with a critical lack of medicine and clean water hampering treatment and
prevention efforts. For areas like Chitungwiza, where sewerage problems and
a lack of clean water have been major problems for years, the threat of an
outbreak seemed imminent.

Civil society groups have now banded together to pressure the higher levels
of government to do more, with a petition being handed Robert Mugabe, Prime
Minister Morgan Tsvangirai, as well as the ministries of Local Government,
Water Resources Development and Health and Child Welfare. The petition is
also addressed to the Mayors of Harare and Chitungwiza.

“We, the undersigned citizens and represented Civil Society Organisations,
do hereby petition the Government of Zimbabwe through the relevant
ministries and local authorities to immediately set up effective strategies
to address the recurring problems of the outbreak of the typhoid fever and
cholera in Zimbabwe,” read part of the petition.

Addressing a press conference in Harare on Wednesday Abel Chikomo, the
Director of the Zimbabwe Human Rights NGO Forum, said they had so far
gathered 1,795 signatures from concerned Zimbabweans. The target is to
collect a million signatures.

Civil society has also demanded that the government immediately set up a
commission of inquiry to investigate the outbreaks throughout the country
and recommend solutions to end to the problem. The government is also being
pressured to come up with long term strategies that include a clear plan to
provide clean water, and to disperse necessary funds and technical
resources.

Zimbabweans meet Coltart in London

http://www.zimdiaspora.com/

Wednesday, 08 August 2012 19:44 Eugene Majuru News

By Eugene Majuru and Anthony Robinson

Zimbabwe's Minister of Education Sports and Culture met several disaporans
in London last night in an event held in the British capital.

Also present at the event was the deputy Ambassador, Cecil Chinenere.

Questions presented to Coltart included challenges being faced in Zimbabwean
education and how the education system can be improved and the role being
played by the ministry in terms of sponsorship, fund raising and how to work
with people in the Diaspora.

Lucia Dube, a resident in the UK expressed her appreciation to Coltart for
engaging with the community during his visits to the UK.

"As far as I know you are the only minister who always comes to engage with
the diaspora community. Prime Minister Morgan Tsvangirai and other ministers
come but do not fully engage with community members.On my recent visit to
Zimbabwe I tried to engage with government departments but the problem was
knowing who is who in Zimbabwe.

"There is confusion and no one knows who is to produce the policy. I met
someone in Tsvangirais` office and was told the issue was handed over to a
senior official who is not well at the moment and is away from work. As far
as engaging with government and Diasporans I was wondering how best we could
do it. Some ministers do not want to engage". she said.

Grace Sinikiwe Mupfurutsa a Zimbabwean human rights activist based in
Bedfordshire said she attended the event because "I believe education is one
of the basic human rights, I wanted to find out what the Minister had to
say".

Mupfurutsa encouraged other Zimbaweans based in various parts of the world
to start helping and supporting the education system in Zimbabwe by
sponsorring school fees and uniforms to under privileged children and give
them upliftment as it comes at a small cost.

Former Zimbabwe athletics coach Stanley Madiri popularly known as “Fresh
“attended the event and fully supports Zimbabwe sports.

Asked if he saw any of the remaining three athletes in the current Olympics
winning any medal he said: “from the performances I have watched there will
be no medal for Zimbabwe. If Zimbabwe is looking for medals it takes a whole
lot more. After having worked with athletes in Zimbabwe I know that talent
is in abundance in Zimbabwe but interventions need to be put into place to
aid development”

Asked if he was contributing to Zimbabwean sports he replied “ I have
offered my services to coach the Zimbabwean athletes on several occasions
but did not get favourable response from the athletics association in
Harare”

Madiri is currently attending a coaching conference being held in London. “I
invited several national athletics coaches from Zimbabwe to attend the
conference”.

Achievements of Madiri include coaching Christina Ohurugu, 400m athlete
representing team GB in current Olympics. He is also behind British 200m
champion Desiree Henrys and Jodie Williams, world junior champion who won
gold in the 100m and silver in the 200min Canada 2011.

Life turns bumpy for Zimbabwe asylum seekers

http://www.zimdiaspora.com

Thursday, 09 August 2012 11:13 Editor News

JOHANNESBURG — South Africa’s Home Affairs department’s refugee status
determination officials need rigorous training to grasp what factors cause
people to seek asylum in the country, a refugee rights group has said.

People Against Suffering, Oppression and Poverty (Passop) paralegal head
Langton Miriyoga said some Home Affairs officials seemed ignorant of the
“African map and politics”.

Citing a spike in “copy-and-paste” refugee status rejections for Zimbabwean
asylum-seekers, Miriyoga said he wondered “if they (officials) were trained
at all”.

In 2010, thousands of undocumented Zimbabwean asylum-seekers benefited from
the department’s special dispensation programme when they were issued with
work and study permits with a duration of between three and four years.

The programme, which was welcomed by refugee rights organisations, saw South
Africa and Zimbabwe co-ordinate efforts to ensure successful documentation.

But since the closure of the project in December 2010, Zimbabwean
asylum-seekers are treated on the same basis as refugees from other
countries.

However, Zimbabwe remained unstable and more people were leaving the country
due to the failure of the government of national unity and lack of
implementation of the Global Political Agreement signed in 2008 to end
hostilities between Zanu PF and the two MDC formations, said Miriyoga.

Citing possible upcoming elections there, he said people were fleeing the
country due to fears of a repeat of pre-election violence.

He said the country had no measures in place to pre-empt violence in which
ordinary people suffered yet 98% of the current refugee status applications
for Zimbabweans were rejected on the basis that the country was peaceful.

“They (officials) lack an understanding of the context of the conflict
dimensions

. . . they are misinformed about Zimbabwe,” he said.

He cited a British Supreme Court ruling on July 25 which had favoured
Zimbabwean asylum-seekers there by confirming that there was evidence people
in Zimbabwe were being persecuted by the effective ruling party Zanu PF for
their political affiliations.

He said that it was naive to suggest that Zimbabweans had stopped fleeing
into South Africa as the situation remained hostile.

Approached for comment, Home Affairs spokesman Ronnie Mamoepa said they had
documented thousands of Zimbabweans under the special dispensation programme
in 2010.

He said the project was a success and Zimbabwean asylum-seekers were now
being treated like asylum-seekers from other countries.

Asked about the need to further train refugee status determination officers,
he said: “We are happy with the work they are doing.” -Western Cape news

Zimbabwe violence too hot for SA judge

http://nehandaradio.com/

August 9, 2012 1:47 pm

JOHANNESBURG – North Gauteng High Court judge Joseph Raulinga said he was
“left standing between a rock and a hard place” in having to decide whether
a South African observer report about Zimbabwe’s hotly contested 2002
elections should be released to the public.
Zimbabwe violence too hot for SA judge

Zimbabwe violence too hot for SA judge

The government has since 2008 been fighting the Mail & Guardian’s attempts
to access the report, which detailed “legal and constitutional issues” in
the run-up to the disputed election.

The report was written by Deputy Chief Justice Dikgang Moseneke and
Constitutional Court Justice Sisi Khampepe after being sent to Zimbabwe by
former president Thabo Mbeki.

After two days of arguments, Judge Raulinga reserved judgment and gave both
sides the opportunity to file further legal arguments. He suggested he would
like to be addressed on whether the public interest outweighed the possible
harm that would follow if the report were to be released.

The Promotion of Access to Information Act says that information sought must
be provided if it will reveal a substantial contravention of the law, and if
“the public interest in the disclosure … clearly outweighs the harm
contemplated in the provision in question”.

Counsel for the state, Marumo Moerane SC, quoted extensively from President
Jacob Zuma’s affidavit, which said releasing the report now would have a
negative effect on SA’s continuing mediation attempts in Zimbabwe.

Given Zuma’s assertion, it could not be said the public interest in the
release of the report “clearly” outweighed possible harm that would follow
were the report to be released. “The report must be seen in its proper
political context,” Moerane said.

But counsel for the Mail & Guardian, Frank Snyckers SC, said vague and
speculative assertions by politicians that the “world would come to an end”
if the report were released were not good enough. “Do not let politicians
just say the world will come to an end. They must show you how the world
will come to an end”.

Instead, government “specifically declined” to do so, he said.
Businesslive.co.za

Mugabe Balloon Insult Man Freed

http://www.radiovop.com

By Professor Matodzi Mutare, August 09, 2012 - A Zimbabwean carpenter, who
landed in trouble for allegedly enquiring on the ability of President Robert
Mugabe to blow up birthday balloons given his advanced age and ill-health
status, is now a free man after he was removed from remand.

Richmore Mashinga Jazi, a self-employed carpenter based in the eastern
border town of Mutare, was arrested and charged with mocking, undermining
and insulting Mugabe in February after he allegedly enquired from a
colleague, Pension Gwinyai, how the octogenarian leader had managed to blow
up birthday balloons because of falling ill-health and old age.

“VaMugabe vagona sei kufuridza zvibharuma, asi pane munhu avabatsira here
uye samba racho variwanepi,” which the police translated to mean “Did Mugabe
manage to blow all those balloons or did someone assist him to do so and
where did he get the power.” The police and prosecutors say by uttering such
words Mashinga Jazi, who watched the live broadcasting of Mugabe’s birthday
celebrations held at a football stadium in Mutare, undermined and insulted
the ZANU PF leader in contravention of Section 33 of the Criminal Law
(Codification and Reform) Act Chapter 9:23.

But Jazi, who was out of custody on bail, is now a free man after he was
recently removed from remand by a Mutare Magistrate. His removal from remand
followed an application for refusal of further remand filed by his lawyers
from Zimbabwe Lawyers for Human Rights, who objected to the continued
persecution of their client when the state failed to produce an authority to
prosecute from the Attorney General’s office as is required by law.

Jazi is just but one of several Zimbabweans who have been charged with
undermining Mugabe. Last year, Mutare police charged Constitution Select
Committee (COPAC) co-chairperson and Movement for Democratic Change (MDC)
legislator, Douglas Mwonzora, with undermining the authority of or insulting
Robert Mugabe for allegedly enquiring on the health status of the former
freedom fighter.

Mwonzora allegedly mocked Mugabe by posing questions on a portrait of the 87
year old leader, which was positioned in Nyanga Magistrates Court, when he
appeared in court on public violence charges. “Makadii baba? Iri sei mwiri?
Riri sei ziso?” The police translated this to mean “How are you father? How
is your health? How is your eye?”

Mugabe’s health status has been under the spotlight in recent years after
his lieutenants publicly admitted that he had a cataract operation on his
eye in Singapore early last year and has been a frequent visitor of the
Asian country on several occasions and has also made frequent visits to a
private health institution in Harare.

The MDC Today Issue – 411

Thursday, 09 August 2012

Hussein Charlie, a Zanu PF activist has been remanded in custody for
murdering Simbarashe Nemaura, an MDC activist in Chiredzi in July. Nemaura a
well-known MDC activist was waylaid by Charlie while passing through Section
7 of Hippo Valley Estate on 9 July 2012.
Charlie is the Zanu PF Ward Chairperson for Section 7.
Allegations are that on the fateful day, Charlie falsely accused Nemaura of
stealing a bicycle claiming that MDC members are thieves and they should be
banned from the estate. Nemaura’s bicycle had broken down forcing him to
carry it on his shoulders.
The Zanu PF thug then pulled out a knife and stabbed the victim in the
chest. Nemaura fell down screaming and Charlie ran away. Chiredzi residents
who responded to Nemaura’s screams found him bleeding profusely and he
narrated what had happened.
Nemaura later died at Chiredzi hospital.
Charlie was arrested and is currently being held at Chiredzi Prison awaiting
trial.
Cases of political motivated violence perpetrated by Zanu PF hooligans are
on the increase across the country as the nation faces a crucial referendum
and impending national elections.
The people’s struggle for real change – Let’s finish it!!!

MISA: Soldiers assault Kwekwe journalist

MISA- Zimbabwe Media Alert
9 August 2012
Soldiers assault Kwekwe journalist
Newsday journalist, Blessed Mhlanga, was reportedly assaulted by suspected
soldiers while covering the chaos surrounding census training exercise in
Kwekwe on August 8 2012.
Mhlanga, who was taking pictures of participants at the training workshop,
was allegedly approached by eight soldiers in civilian attire who assaulted
him and confiscated his camera.
The camera was later returned, although the memory card was missing. The
journalist has since filed a complaint with Kwekwe Central Police.
MISA- Zimbabwe position
MISA Zimbabwe strongly condemns this latest affront to media freedom and
citizens’ right to access to information. Such conduct by the army does not
only expose extra-legal hindrances to Zimbabweans’ right to free expression
but also demonstrates the unwarranted military involvement in civilian
matters.
END

Sentamu challenges UK/EU easing of sanctions against Zimbabwe

http://archbishop-cranmer.blogspot.co.uk

Wednesday, August 08, 2012

His Grace has written numerous times about Zimbabwe (eg HERE and HERE) and the horrors being inflicted upon or fellow Anglicans by excommunicated bishop Nolbert Kunonga (eg HERE, HERE and HERE). The Archbishop of Canterbury has boldly gone where no politician dared. And now HM Government has decided to relax sanctions against the Mugabe regime.

With permission, His Grace reproduces an article written by the Archbishop of York and which appears in today's Times:

On Sunday 9th December 2007, I took off my clerical collar and cut it up during an interview on the Andrew Marr Show on BBC1. I said I would not wear it again until Robert Mugabe had ceased to be in power in Zimbabwe.

I made this prophetic statement as Robert Mugabe had slowly but surely cut up the identity of the Zimbabwean people into tiny pieces.

It is fair to say that I did not expect still to be collarless five years on. I’m even asked occasionally why I have forgotten to wear one – but my answer remains that this corrupt and oppressive regime has simply been allowed to carry on for too long.

Whilst the British Government seem to be considering easing some sanctions against Mr Mugabe and his personal allies, I am not convinced that the time has come to weaken international opposition to the President of Zimbabwe’s irresponsible, undemocratic, lawless, and at times brutal regime. I certainly won’t be placing an order for a new clerical collar at Wippells just yet.

We cannot allow Robert Mugabe off the hook. When I cut up my clerical collar, I said I would not put it on again until Mr Mugabe had gone from office – we need to stand in solidarity with the people of Zimbabwe and not forget the abuses and exploitation they have suffered at the hands of that administration.

The reason given by Her Majesty’s Government for this ‘step change’ in relations with Zimbabwe is the work going in to drafting a new constitution for that country. The recent meeting of European Union foreign ministers, which agreed to lift these restrictions on Mr Mugabe’s colleagues, have made this decision dependent only upon whether a ‘credible’ referendum is held on the new constitution. Perhaps if they had read the draft constitution they might have taken a different view.

For example, amongst its many more reasonable provisions, the draft constitution cancels the right of Zimbabweans to appeal to a supreme legal body to protect their fundamental rights.

I am advised that, at this point, Zimbabwe’s draft constitution has been signed off by both the Movement for Democratic Change (MDC) and President Robert Mugabe’s ZANU PF.

Across the Southern Africa Development Community (SADC) region people are standing up for their rights, and for the freedom to make their countries and communities prosperous and successful.

Yet too often, they are undermined by governments and laws that attack the very foundations of the rule of law. Land clearances, broken contracts, bribery, extortion, dispossession and oppression are rife.

There is only one institution in Southern Africa that has the power to respond. The SADC Tribunal is the only place where individuals, companies and groups can take their governments to an independent court. The SADC's regional body began meeting yesterday and senior officials will be travelling to Harare in the next two weeks to assess the country’s political progress following announcement of the draft constitution. Completion of Zimbabwe’s draft constitution and other key developments in preparing for elections will come under scrutiny this week when the group resumes assessment of political improvements which include media reform.

Last year, following pressure from Zimbabwe’s Robert Mugabe, the Tribunal was suspended then dissolved by the SADC Heads of State. This move has denied SADC citizens access to justice and the protection of human rights when legal systems in their own countries fail. By dissolving the SADC Tribunal, the leaders of these nations have colluded with Mr Mugabe in his denial of justice to the citizens of Zimbabwe.

It is now time for all communities and organisations within the Southern African region to stand together as one to petition their Heads of State to reinstate and strengthen the mandate of the SADC Tribunal regional court.

Furthermore, Zimbabwe’s new draft constitution also rules out any compensation from the Zimbabwe Government for land that has been taken by the government from its legal owner, stating: “no compensation is payable in respect of its acquisition”.

It directly prevents anyone applying to a court regarding compensation for land: “no person may apply to a court for the determination of any question relating to compensation”.

The draft says that land can be acquired simply by a notice in the gazette: “whereupon the land vests in the state with full title with effect from the date of the publication of the notice”.

Most alarmingly of all, it says in section 4.29(3)c that discrimination is now legal: “the acquisition may not be challenged on the grounds it was discriminatory”.

Here, for the first time since apartheid was abolished in South Africa, we see a blatantly racist and tribalistic clause added to what may become the new constitution of Zimbabwe. Farmers and farm workers have much to fear from this move.

Douglas Mwonzora, spokesman for Morgan Tsvangirai’s Movement for Democratic Change, has welcomed the move because take-overs in the future will now be able to be done ‘legally’! It would be tragic for Southern Africa if Mugabe’s legacy to the region is a constitution which not only permits but actively promotes discrimination on the grounds of ethnicity.

The SADC states stood together successfully to defeat apartheid in South Africa. They must now stand together to stop human rights abuses and bring an end to government-sponsored violence within member states which has led to deaths, shocking injuries and mass scale displacements.

Mr Mugabe’s regime has been propped up these past three years due to the discovery of a huge diamond deposit. It is being exploited at the expense of the ordinary citizens of the country. Those diamonds are blood diamonds.

What we need to see is justice and transformation for the ordinary people of Zimbabwe – the farmers and the workers – we owe them too much to give up now.

I do hope to wear my collar again before too long, but I it would be best if this is because free and fair elections have taken place in Zimbabwe, legally and peacefully removing from office the President who is responsible for so much violence and destruction.

The international community cannot afford to turn its back on the people of Zimbabwe in their hour of need.

ZESA thieves caught in the act

http://www.thezimbabwean.co.uk/

Two men, who allegedly stormed Chitungwiza Sewerage Works’ Industrial Area
and siphoned transformer oil before stealing 33kg of copper cables worth $
11,080, have been arrested.
07.08.1201:33pm
by Talent Bhachi

Only $6,600 worth of the loot was recovered, according to police. Tafara
Chigariro, 26, of Zengeza 2 and Richard Njanji, 37, of St Mary’s appeared
before Chitungwiza magistrate, Olivia Mariga.

The two were remanded in custody to August 16 for trial.

On June 28 this year, the two hatched a plan to storm Chitungwiza Sewerage
Works’ Industrial Area where they cut and stole 11/33KVA copper cables
weighing 33kg, destroyed a 100KVA transformer and siphoned 224 litres of
oil. The two were intercepted by members of the public while carrying the
loot. They were apprehended and taken to Chitungwiza police station.

Taxman misses target by $5m

http://www.thezimbabwean.co.uk

The Zimbabwe Revenue Authority has missed its revenue collection target for
the first half of the year by $5 million - collecting $1.495 billion,
against a target of $1.5 billion.
07.08.1212:02pm
by Clemence Machadu

Individual tax underperformed by 6 %, against the target of $320 million.
This was largely due to the fact that the 2012 budget reviewed the tax-free
threshold upwards from $225 to $250 per month.

Corporate tax brought in $178 million - a 13% surplus. The overwhelming
performance of corporate tax is largely attributed to a gradual improvement
in local industry capacity utilisation.

Last year it rose to 57.2 %, from 43.7 %. During 2012 it is expected to rise
to 60 %.

Customs duty also underperformed by $19.68 million, missing the target of
$189.98 million. Zimra attributed this to improvements in local industry,
reducing reliance on imports.

But Biti argued that imports continued to rise, recording $2 billion by
April 2012, implying that customs duty does not move commensurate with
actual trade volumes. Imports are projected to close the year at $8 billion.

The underperformance of this revenue head could point to other factors like
smuggling of goods, undervaluing of declared goods and faking of
certificates of origin, at the border.

Excise duty performed well above its target of $157.5 million, rising to
$175.4 million - largely attributed to increases in disposable incomes which
led to increased consumption of excisable commodities and increased demand
for fuel due.

28 countries attend consultative meeting on Syria in Tehran

http://www.irna.ir

Tehran, August 9, IRNA - Foreign ministers and representatives from 28
Asian, African and Latin American countries are taking part in a
consultative meeting in Tehran on Syria themed " Denouncing violence and
upholding national dialogue."
1391/05/19 - 19:42

Present in the meeting are the foreign ministers of Iran, Pakistan, Zimbabwe
and Iraq as well as the Iraqi minister of national security along with
representatives from other countries rticipated.

Deputy foreign ministers of seven countries, foreign ministry directors
general from two countries and ambassadors of 15 countries along with
representative of UN office in Tehran have taken part in the meeting.

Iran's Foreign Minister Ali Akbar Salehi had said that the topics on the
agenda of the meeting will be denouncing violence and establishment of
national dialogue in Syria as Iran spares no efforts to put an end to
violence in that country as soon as possible.

Violence claims lives of Syrian civilians, Salehi said, adding that through
national dialogue it will be possible to prevent violence and extremism

Islamic Republic News Agency/IRNA NewsCode: 1024796

Exiled Music Guru: I Won't Return to Zimbabwe Until There Is Change of Government

http://www.voanews.com

08 August 2012

Marvellous Mhlanga-Nyahuye | Washington

Exiled Chimurenga singer and song writer Thomas Mapfumo says he has no plans
to return to Zimbabwe to stage shows contrary to recent press reports.

Mapfumo told VOA Studio 7 despite the rumor mill going abuzz about his
return home, he will not set foot in Zimbabwe until there is a change of
government.

"I will not stage any shows in Zimbabwe until the will of the people is
respected, "said Mapfumo.

Mapfumo said he is saddened by the large number of Zimbabweans who have been
forced to leave their country due to the volatile political situation.

He said he would continue to compose and sing liberation music while still
in exile and "will only set foot in Zimbabwe once the country is free".

Mapfumo, known for his explosive Chimurenga music that he produced to
inspire Zimbabweans before the country attained independence from British
rule in 1980, was in the country in 2004.

Quizzed on what it would take to convince him to return to his home country,
Mapfumo said he would like to see a change of government that reflects the
will of the people.

Business mogul Phillip Chiyangwa was this week reported as saying he is
willing to bankroll a show for Mapfumo in Harare next month

Chiyangwa was not immediately available for comment.

Zim journalists reflect after International AIDS Conference

Harare, August 8 2012: Four Zimbabwean journalists who attended the 2012 International AIDS Conference (IAC) in the U.S. July 22-27 hailed the gathering but noted that Zimbabwe, well regarded for its ability to harness resources for HIV and AIDS, still has a lot to learn to effectively utilize local and international resources.

“When everyone at the conference was talking about ending the epidemic I was shocked because of the challenges that we are experiencing in Zimbabwe,” said Masimba Biriwasha, writer and journalist on public health issues.

“The point that was being made was that we have made so much progress over two decades in terms of the scientific and medical breakthroughs in fighting against the epidemic,” Biriwasha said during a panel discussion held at Harare’s premier journalism meeting place, the Quill Club. The discussion, moderated by seasoned journalist Evince Mugumbate, was supported by the U.S. Embassy’s Public Affairs Section through funding from the President’s Emergency Plan for AIDS Relief (PEPFAR). It allowed media practitioners who had attended the 19^th International AIDS Conference in Washington D.C. to share their experiences as well as discuss future options for Zimbabwe’s improved media coverage of related topics.

During the IAC, the United States government, through PEPFAR, approved an additional $39 million dollars to fund HIV/AIDS programs in Zimbabwe, said Jillian Bonnardeaux of the U.S. Embassy. The additional funding will bring total U.S. government support to Zimbabwe to $91.2 million from $52 million in 2012.

The journalists said Zimbabwe was cited as a model in raising local resources, but noted that it still had a lot to learn from the experiences of other countries in effectively utilizing these resources.

“In Washington DC, despite it being an area of high prevalence, there has not been a single case of a mother who has transmitted HIV to their unborn child since 2009,” said Robert Mukondiwa, a journalist with a local daily. “What it says is that if you can plug loopholes with regards to prevention of mother to child transmission (PMTCT) you make tremendous progress towards reaching an AIDS free generation that we always yearn for,” said the young journalist whose works have been published in Thembi's Story - An Anthology of Real-Life HIV/AIDS Stories, published by Macmillan.

However, the journalists noted that the conference has done little in easing the fatigue that has generally characterized reporting on HIV and AIDS.

There is a tendency to get excited with statistics, noted Roselyn Sachiti, whose visit was supported by the Foreign Press Centers through a nomination by the Women Journalists Mentoring Program jointly implemented in Zimbabwe by the U.S. Embassy and the Humanitarian Information Facilitation Centre (HIFC).

“It is important to talk to all the people who matter - researchers, etcetera, and not get too excited and take the statistics at face value. Statistics can reveal or mask something,” she explained, citing recent coverage of male circumcision figures and the Zimbabwe Health and Demographic Survey.

“Yes, there were 2500 journalists (attending the IAC) but I think there were tired,” said Masimba Biriwasha. “There were supposed to be a lot of press conferences, but despite the high numbers of journalists, a lot of these press conferences were empty.”

“The journalists have become lazy these days,” noted Robert Mukondiwa, who has been deputy editor at H Metro since its formation. “Maybe there is this fatigue,” he said.

“The challenge is how to bridge the gap between the people implementing programs and the ones that are implementing HIV research. You will be surprised that one of the key microbicides research spots is in Zimbabwe, conducted at a local university,” said Biriwasha.

Other positives, noted the journalists, included advances in treatment and microbicides research and reduction in stigma, judging by the increased interest in HIV and AIDS research and activism by various sectors of society.

“I was very impressed by the level of understanding within the faith communities now that they are a vehicle that can cause a lot of damage. They said they were culpable for a lot of the problems that have led to the growth of the epidemic,” said Mukondiwa, who called for open discussions on issues considered controversial in Zimbabwe such as commercial sex work and LGBT rights issues.

The panel did not shy away from controversial topics either, responding to a discussion about voluntary male circumcision in which journalists stated that public confusion often stems from men thinking that they are invincible once circumcised. Sachiti said “just because you are ‘eversharp’ doesn’t mean you can go around ‘writing’ everywhere,” and reiterated her colleague’s call for better understanding the science before acting. She also challenged the journalists in attendance to consider their own personal HIV/AIDS concerns in addition to writing about them for the public.

Despite noting controversies surrounding U.S. policies in previous AIDS conferences “there was a lot of recognition of what the U.S. has done in supporting HIV and AIDS programs throughout the world,” said Biriwasha.

“What needs to happen going forward in terms of the HIV response is combination prevention, when you give people who are living with HIV treatment it is actually possible to stop the spread of the disease,” said Biriwasha- ZimPAS© August 8, 2012

# # #

ZimPAS is a product of the U.S. Embassy Public Affairs Section. Send all queries and comments to Jillian Bonnardeaux, Acting Public Affairs Officer, hararepas@state.gov Url: http://harare.usembassy.gov

New venue for Zimfest

http://www.thezimbabwean.co.uk

Popular southern African music, sport and culture festival Zimfest looks set
to make a strong return to the London festival scene with a new venue and a
fresh new impetus.
08.08.1211:05am
by Staff Reporter

Adored as a summer highlight for diasporian southern Africans and their Brit
hosts alike, Zimfest celebrates life outdoors through its diverse music and
cultural offers, sports tourneys and African cuisines with the famed
traditional braai (BBQ) at its heart.

Zimfest coordinator, Hilton Mendelsohn, said: “This development is a mark of
the festival’s growth as an event and a popular fixture on the London
calendar.

“Apart from the change of venue, the festival’s range of entertainment on
offer will be enhanced, with a bigger and better kid’s corner, more
competitive and social sport. We will also have art installations and a
music line up with artists from Zimbabwe and around the world making up an
innovative and exciting programme on the day."

This year Zimfest has found a new home at Grasshoppers Rugby Club after
sealing a partnership with Western Union, UK Sports Club and EAT Festival.
The event has grown to become a fixture on the London calendar, as well as
spreading to South Africa, Australia and recently Zimbabwe.

Hilton said: ”Zimfest started life as a massive Zimbabwean piss-up party to
raise funds for the community back home, as well as a “therapy gig” to drown
a few sorrows as at the time the majority of attendees were forced to leave
Zimbabwe for political or economic reasons. The first Zimfest was also a
statement of resilience and unity culminating in a huge group hug and a
thunderous if somewhat out of tune rendition of Nkosi Sikeleli Africa/God
bless Africa.”

For the first time in its history, the event will this year take place over
two days with Zimfest being held on Saturday 18th August while EAT Festival
will cap the weekend of festivities the following day.

Saturday’s programme will kick off with both full contact and touch rugby
tournaments while Netball will make its Zimfest debut. All of the sport will
be organised by The UK Sports Club, with the Rugby pre-season cup attracting
some of London’s best clubs.

Music as always will be the centre piece of the event. The main stage will
feature strongly African inspired music with highlights Afro Funk band
Thabani lead by the mercurial Zimbabwean singer Tee Nyoni, bass and drum duo
Mashasha and Sam, acclaimed Nigerian Afrobeat and Soul singer Wunmi, South
African Jazz legends Pinise Saul and the Lucky Ranku Band and the remarkable
talents of South African born singer songwriter Frankie Rudolf. Other bands
include rockers Kamikaze Test Pilots from Zimbabwe, The Spindle Sect from
South Africa and hip hop acts Team Kontroversial and Boyz Retonaz.

Zimfest’s popular dance arena will be headlined by Londoner Zepherin Saint
of the globally acclaimed Tribe Records, rising star in the Deephouse scene
Djeff performing under the same label who will be the first Angolan ever to
perform at Zimfest. The Tribe sets will be backed up by Zimbabwe’s Rob
Macson and Mixolis. Pretoria born and London based South African Samantha
Blackburn rated as one to watch in a recent copy of Mixmag will make her
Zimfest debut.

As always Zimfest will feature all the favourites in terms of Southern
African food and drink as well as a host of other culinary delights from
around the globe providing a mouth watering array of meals to choose from.
The festival will also feature the usual market with a wide array of items
to purchase and charitable causes to support.

Tickets to Zimfest can be purchased at www.zimfestlive.com and the event
welcomes all to celebrate Zimbabwe and Africa in the heart of the UK.

Beggars can’t be choosers

The great Kariba deception

http://www.financialgazette.co.zw

Thursday, 09 August 2012 12:19

Open Forum
with Blessing Vava

It took them more than three years, a whopping US$45 million to come up with
a 164-paged document which they are saying is a proposed draft constitution
for Zimbabwe.

The so-called final draft is nothing but a copy and paste job from the
Kariba Draft constitution crafted by the three parties in the Government of
National Unity (GNU).
The "final" draft, is a product of the Parliamentary Co-nstitution Select
Committee (CO-PAC) management team which comprises negotiators from the
three parties in government, the same people who crafted the first Kariba
constitution in 2007.
Indications coming out so far are that many Zimbabweans are not happy with
the COPAC draft and it does not require a rocket scientist to tell you that
come the referendum, the COPAC draft will be rejected resoundingly because
it deviates from the views of the people. After spending huge sums of money
and three years only to copy and paste, the Kariba draft is scandalous and
playing with the minds of millions of Zimbabweans whose desire is surely
that of seeing a prosperous nation with good laws and an accountable
government that respects their will. The politicians are taking us for
granted and getting away with it, they are not even ashamed, and in Shona we
will say havana nyadzi, or in Isindebele abala nhloni.
The two formations of the Movement for Democratic Chan-ge (MDC) have already
endorsed the draft urging Zimbabweans to vote "YES" in the referendum, with
only ZANU-PF so far saying they are agreeing with 97 percent of the contents
pressing for more amendments to suit their needs.
Finally, the draft will sail through in Parliament after the final changes
to be made by the principals. Fascinatingly, three of the principals namely
President Robert Mugabe, Welshman Ncube and Arthur Mutambara were rejected
by the people of Zimbabwe in the March 2008 elections. It is ridiculous how
unelected people who Zimbabweans did not vote for obviously for lacking
confidence in these individuals will now have a final say on the country's
supreme law.
It will be very interesting to see both ZANU-PF and the two MDCs campaigning
for the "YES" vote during the referendum that should show Zimbabweans how
selfish politicians can be in protecting their interests. For their
interests, they unite.
No Zimbabwean will forget the "Luxurygate" scandal where the same
politicians bought themselves top-of-the-range luxury vehicles when the
lives of citizens have not improved. With a population staring at
starvation, lack of clean water, electricity, good education and health for
the poor, it is strange how those who questioned the rational of purchasing
luxury vehicles at the expense of improving service delivery and paying
civil servants were considered enemies of the State.
Politicians defended themselves saying the vehicles were in line with their
new acquired status. The politics of opulence is their game that is what the
draft is essentially about.
The draft proposes a bloated national assembly with 210 members plus 88
senators, a notion which the people of Zimbabwe were critical of during the
outreach exercise. Again all these members will be demanding hefty
allowances and luxuries as we have witnessed with the current crop.
It is about power and wealth, nothing for the people. Initially they came to
the people to ask for their views, later on they dump those views and
negotiate their positions and again they will be shamelessly coming to the
people to urge them to vote for a document which contains not their views
but of politicians. How selfish? That is one of the reasons until now we
have not seen the national report which contains critical information and
statistics of what Zimbabweans said during the outreach phase.
For the MDC-T, their satisfaction with the draft despite its flaws is
regrettable to say the least. From my own analysis, as a party that is
confident of winning the coming polls they are not seeing the flaws of the
draft simply because they would also want to enjoy the same powers once in
total control of government. It is all about power nothing else. Shame how
people easily forget. Theirs is not to democratise this country as they
purport but simply to be in power and replace ZANU-PF so it now seems.
Remember the late ZANU-PF legal affairs secretary, Edison Zvobgo, who
introduced executive powers in the constitution as he hoped to take over
from President Mugabe and enjoy the same as he harboured presidential
ambitions.
In the new draft constitution, nothing has substantially changed with
regards to the powers of the President as we are being made to believe. If
anything the powers have been expanded, it is only the term limits which
have been reduced.
Not long ago, the two MDC formations were complaining about too much
executive power vested in the presidency This time their deafening silence
on the issue raises a lot of questions than answers. The issue of an
all-powerful president is one of the reason why President Mugabe is still in
power using those powers.
Zimbabweans should reject the new draft constitution. It does not matter
whether it's President Mugabe or Prime Minister Tsva-ngirai who will be in
power. The point is we do not want an all-powerful Executive President.
The myopic thinking by the two MDC formations is dangerous. They think that
simply because ZANU-PF somehow appears to be against the draft then
automatically it makes the draft a good document. A wrong perception indeed,
the same thinking they had during the Global Political Agree-ment (GPA),
when they thought that Prime Minister Tsvangirai had Executive powers, only
to be reminded regularly that President Mugabe is the Head of State and
Government and Commander-in-Chief of the Defence Forces.
The GPA has proved PM Tsvangirai as a ceremonial senior premier with no
power. In this draft, I believe that it is ZANU-PF that will benefit the
most. It managed to block issues like real devolution, diaspora vote in the
final draft and these are some of the critical issues which the two MDC
formations were clamouring for. The constitution is a very important
document that should live beyond individuals.
I am flabbergasted by COPAC's second all-stakeholders conference needing
US$2 million, a meeting which they are saying will give the public an
opportunity to ‘interrogate' the draft, but perceptibly they will not be in
a position to change its contents. Why waste such an amount on a process
that will not change the draft rather than just subject that constitution to
the referendum so that people decide if they want it or not.

Divisions over a new constitution

http://www.irinnews.org

Photo: IRIN

Prime Minister Morgan Tsvangirai and President Robert Mugabe

HARARE, 9 August 2012 (IRIN) - After three years in the making, Zimbabwe’s proposed 150-page draft constitution was deemed unacceptable by President Robert Mugabe’s ZANU-PF party and rejected by civil society. It was endorsed by ZANU-PF’s political opponents.

The adoption of the new constitution is a critical step towards holding free and fair elections after the 2009 formation of the unity government. The unity government emerged in the wake of the violent 2008 polls that killed about 200 people and saw ZANU-PF lose its parliamentary majority for the first time since the country gained independence from Britain in 1980.

Brokered by the Southern Africa Development Community (SADC), the unity government allowed Mugabe to retain the presidency while appointing Movement for Democratic Change (MDC) leader Morgan Tsvangirai as prime minister and requiring, among other things, a land audit, electoral reform and the drafting of a new constitution – all of which have become divisive issues.

A new constitution is seen as vital to create stability in a country that has suffered several bouts of political violence in recent years.

ZANU-PF spokesman Rugare Gumbo announced on 9 August, after a marathon meeting by its central committee, that it could not accept the draft constitution without changes to several clauses. “The party is expecting the amendments to be factored in by Wednesday next week [15 August], when the politburo meets to finalize its position on the draft constitution.”

Among their objections, Gumbo said the proposed constitution would dilute the authority of traditional leaders, who have been strong supporters of ZANU-PF. It would also allow the party with the majority of parliamentary seats in a province to appoint provincial governors, previously the prerogative of the presidency.

ZANU-PF also objected to the provision that parliament, not the presidency, would approve the deployment of troops both inside and outside the country.

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The draft constitution also removes the presidential preserve to appoint judges and instead allows for public hearings under the jurisdiction of a Judicial Services Commission.

ZANU-PF also criticised the draft’s proposed right to hold dual citizenship and expressed concerns about the reforming of the security services.

A draft constitution clause said that “neither the security services nor any of their members may act in a partisan manner, further the interest of any political party… [and] they must not be active members of a [political] party.” High ranking defence force commanders have previoulsy said they would refuse to accept election results that did not return ZANU-PF to government.

A clause in an earlier draft - since removed - prevented anyone above the age of 70 or who had served two terms of office from running for the presidency. Mugabe is 88 and has been president for 32 years.

Mixed reactions

Both factions of the MDC, one led by Tsvangirai and the other by industry minister Welshman Ncube, have accepted the draft constitution in its current form and said they would campaign for a Yes vote in a referendum for the constitution to replace the 1979 Lancaster House agreement, which was drawn-up to end white-minority rule in the former Rhodesia.

If agreement is reached on the draft constitution by all three political parties, a second all-stakeholders conference - including participation by the public - will be held before the draft is tabled in parliament for debate and approval. It will then be voted on by referendum.

Finance minister and MDC-T secretary-general Tendai Biti told IRIN the constitution provided for a comprehensive bill of rights and it “makes provision for free and fair elections and sets definitive time periods in which elections must be held”.

Ncube warned at a recent press briefing against any tampering of the draft constitution. "We have adopted the document, although it is not the best as it was crafted under give-and-take conditions."

There is no basis of supporting this document, which is being decided by politicians

Shakespeare Hamauswa, of the University of Zimbabwe’s political science department, told IRIN it was not a perfect draft, but “if you look at the language in the preamble, it is talking of transparency, good governance and accountability. These are all good tenets of democracy and if the draft constitution is adopted, we are going to witness a new era in the country characterized by transparency, fairness and openness.”

But Lovemore Madhuku, chairman of the NGO National Constitutional Assembly (NCA), which campaigns for a constitution derived from broad-based public consultation and is an umbrella organisation for labour, student and women groups, churches and human rights organisations, said that they would advocate for a No vote in the referendum.

“There is no basis of supporting this document, which is being decided by politicians. We are compiling a list of defects in the draft constitution and will present it to the public,” he said.

[This report does not necessarily reflect the views of the United Nations]