http://www.theindependent.co.zw/
Friday, 13 August 2010
17:31
THE state-owned Zimbabwe Mining Development Corporation (ZMDC) is
investigating suspended chief executive and general manager Dominic Mubayiwa
and three other company executives over the siphoning of US$40 million in
gold and diamond proceeds.
The probe comes as questions are being
raised within ZMDC and in public
about Mubayiwa's building of a huge mansion
in Borrowdale.
ZMDC is trying to establish if there is a connection
between the misuse of
its funds and activities of the company's top
management, including Mubayiwa's
project.
Repeated
efforts to contact Mubayiwa over the issue were unsuccessful
yesterday.
Mubayiwa is building a three-storey mansion at number
33 Hillview Road,
Philadelphia, Borrrowdale.
Revelations of
Mubayiwa's mansion come as the probe into murky utilisation
of over US$40
million in gold and diamonds earnings is deepening. The house
is a massive
structure on a vast swathe of land by local residential
standards.
The investigations into ZMDC financial affairs - which
are in a shambles -
and the construction of Mubayiwa's mansion come as
Zimbabwe started selling
the Chiadzwa diamonds under the supervision of the
Kimberley Process
Certification Scheme.
Mubayiwa was sent on
forced leave, together with his group finance director
Robert Karemba, group
technical services manager Albert Chitambo and the
corporate secretary and
legal advisor Tichaona Muhonde, on July 26 for two
months to facilitate
investigations into the shady usage of ZMDC's gold and
diamonds revenues by
the company's management.
ZMDC board chairman Goodwills Masimirembwa
suspended the four just a month
after coming into
office.
Investigations by the Zimbabwe Independent, backed by a
confidential
preliminary ZMDC report into the issue, show that Mubayiwa and
his team were
suspended to facilitate a probe into the dodgy utilisation of
US$412 million
siphoned from ZMDC's Sabi, Jena and Elvington gold mining
operations between
2007 and 2008 purportedly to finance the setting up of a
diamond mine at
Chiadzwa.
The inquiry is also focusing on the
usage of US$30 million which ZMDC earned
from diamond sales between October
2008 and April this year. Finance
Minister Tendai Biti announced on July 14
during the presentation of his
mid-year fiscal policy review statement in
parliament that US$30 million
realised from diamond sales was
missing.
"According to the KPCS monitor, Zimbabwe recently sold at
least US$30
million worth of diamonds from Marange which Treasury and Zimra
(Zimbabwe
Revenue Authority) have no record or knowledge of," Biti
said.
However, Mines Minister Obert Mpofu denied that the money
had vanished and
dismissed Biti's statement as "hot air" but failed to
produce evidence of
where the money was.
Mpofu said a forensic audit
of diamonds mined in the controversial Marange
fields was under way and
would prove Biti wrong. However, investigations
show there was a problem
with accounting for the US$30 million from diamonds
sales.
The
ZMDC board is not yet clear as how much the state enterprise earned from
diamonds sales during from October 2008 and April this year.
But the
ZMDC report in possession of the Independent says during a recent
strategic
workshop retreat, management told board members that ZMDC had sold
diamonds
worth US$30 million between October 2008 and April 2010.
However, when
the board demanded documents to support the assertion and
account for the
money, the records only showed revenues amounting to US$22
584
347.11.
The difference of US$7 415 653.89 was not accounted for. ZMDC has
resolved
that the usage of the US$30 million, particularly the whereabouts
of the
US$7 million, must be investigated.
The confidential
reports says apart from the mystery surrounding US$30
million diamonds
proceeds, there are also serious problems regarding the
US$12 million
siphoned from gold mining operations.
"ZMDC commenced diamond mining
operations at Chiadzwa in April 2007. About
US$12 717 739,89 was taken from
the gold mining revenues purportedly to
finance the diamond mining venture,"
the confidential report says.
"However, only US$1 049 000,00 was used
to purchase fixed assets. The
balance of US$11 668 739,89 was allegedly used
as working capital. Alluvial
diamond mining is a low-cost venture. It is not
possible to have spent US$11
668 739,89 on working
capital.
Further, and in any event, management has so far failed
to furnish the board
with documents supporting the huge
expenditure."
The report says if US$12 million from gold proceeds was
used in that way in
starting a diamond mine in Chiadzwa, the resultant
earnings from diamonds
would have been used to repay the US$12 million
borrowed, leaving the
diamond venture with between US$8 million and US$17
million, depending on
the exact amount of diamonds revenue
realised.
It is not clear how much was earned from Chiadzwa between
October 2008 and
April this year, although US$30 million has been reported
by ZMDC management
to the board as the figure.
"Contrary to this
logical expectation, management says that they spent US$5
142 162,79 from
diamond sales revenue as working capital. This, with
respect, begs the
question: What happened to the US$11 668 739,89 that was
taken from gold
mine revenues purportedly to finance working capital at the
diamond
mine?"
Besides the question about the US$12 million, the other query
which arises
in the report and further checks by the Independent is: how
much exactly was
earned from diamond sales between October 2008 and April
this year and how
was the money used?
http://www.theindependent.co.zw/
Friday, 13 August 2010 17:23
POLICE chief
Augustine Chihuri has demanded a reversal of sweeping electoral
reforms
agreed to by coalition government partners and suggested that police
maintain a presence in polling stations as well as the postal voting system
seen as aiding vote rigging, the Zimbabwe Independent can
reveal.
Chihuri, who has repeatedly been named by rights groups and
political
parties as involving the police in electoral irregularities, wrote
to the
co-Home Affairs ministers, Kembo Mohadi and Teresa Makone on July 26
protesting against the agreed electoral
reforms.
Coalition government partners appear determined to
hold a general election
next year and the spotlight is now on how they
handle changes to the country's
discredited electoral
framework.
The Attorney-General's Office is working on a draft of the
Electoral
Amendment Bill agreed to by the coalition partners in 2009 for
tabling
before parliament.
"We have had occasion to go through
the Electoral Amendment Bill and note
with concern that it proposed to
remove police personnel from the enjoyment
of the postal ballot, as is the
current position, as well as kick out police
presence from the polling
station," reads part of Chihuri's protest letter.
"The proposed amendments
as they pertain to police operations will cause a
high probability of
insecurity in the country and mar any elections held
under such
conditions."
The Zimbabwe Independent has a copy of the letter, which
was copied to
Justice Simpson Mutambanengwe, the chairman of the Zimbabwe
Electoral
Commission (ZEC), and Home Affairs ministry permanent secretary
Melusi
Matshiya.
Police spokesman Wayne Bvudzijena yesterday
refused to discuss contents of
the letter, saying it was part of the force's
confidential information.
"We understand the position taken on the
Bill and that it emanates directly
from the Global Political Agreement. It
is our submission as an organisation
that the proposed changes to the
Electoral Act as spelt out in the Bill
leave the nation at the height of
vulnerability," reads part of the letter.
Chihuri recommended that
two police officers be present inside polling
booths. He also wants police
officers to continue enjoying the right of
voting under the postal voting
system despite complaints that his
organisation has been abusing this
privilege to force police officers to
vote for Zanu
PF.
Zimbabwe's police pose an intimidating presence among many
citizens because
of its history in rights abuses and open support for Zanu
PF, a party
accused of using state security agents and violence to remain in
power since
independence in 1980.
International and local
organisations, including those that have observed
past elections, have
accused the police of aiding intimidation and
harassment by refusing to
arrest perpetrators of violence. Police officers
have in some instances been
named as orchestrating the actual violence
against perceived opponents and
critics of Mugabe.
Political parties and human rights groups accuse
the police of failing to
take tangible action against Zanu PF militias and
junior and top military
personnel who led a brutal campaign on behalf of
Mugabe before and after the
unsuccessful June 2008 presidential poll
run-off. Tsvangirai says the
violence left at least 200 of his supporters
dead and hundreds of thousands
others displaced.
Under the
current Electoral Act, police officers are entitled to vote under
the postal
voting system because they will be on duty on voting day.
Implementation and
management of this provision has attracted widespread
condemnation,
especially after reports that junior and senior officers were
ordered to
vote for Zanu PF under the watchful eye of their commanders in
the 2008
elections.
Proposed amendments presented by Justice minister Patrick
Chinamasa as
agreed by inter-party negotiators in July last year limit the
postal ballot
system to "only to those officers outside the country on state
duty".
The changes will, however, allow police officers to vote two
days before the
election day under the supervision of electoral officials
and election
observers.
Chihuri says this time frame is too short
and will disrupt the force's
election deployment plans.
He
proposes that police officers be allowed to vote 30 days before the
actual
polling day "in the worst-case scenario" to cater for logistical
issues such
as deployment.
"It has been brought to my attention as Commissioner
General of Police that
there are claims, alleging that commanders, who in
the current scenario act
as presiding officers, have been accused of leaning
on members to persuade
them to vote for a particular party or candidate.
Most importantly, these
allegations are bare and have not been
substantiated," Chihuri wrote. "We
suggest that the commanders may even be
removed from the voting process in
preference to presiding
officers."
Farai Mutsaka
http://www.theindependent.co.zw/
Friday, 13 August 2010
18:01
AN MDC-T Matabeleland North provincial resolution for Prime
Minister Morgan
Tsvangirai to remain party leader until he removes Zanu PF
from government
has highlighted the dilemma faced by Zimbabwe's forces of
change.
Founding leader Tsvangirai's constitutional two five-year
terms mandate
agreed at the inception of the MDC is running out.
That
Tsvangirai is yet to achieve what he set out to do as a leader of the
country's transformation movement 10 years on is only part of the
problem.
The fact that he remains a very popular grassroots leader and the
face of
popular resistance to President Robert Mugabe poses a challenge of
what to
do with the former trade unionist at the expiry of the two terms
given to
him when the party was formed.
Tsvangirai's party, which dwarfs
Deputy Prime Minister Arthur Mutambara's
breakaway faction in support, goes
to an elective congress next year,
possibly months before the coalition
government calls for fresh elections.
Mugabe has indicated he will contest
the election, leaving questions whether
the MDC can mount a serious
challenge against the octogenarian president
with the party's founding
leader out of the picture.
Tsvangirai, like Mugabe, signifies the identity of
his party, resulting in
fears that his departure could severely weaken the
MDC-T's support base,
"This is all because of the nature of transitional
politics," says Trevor
Maisiri, a political analyst and executive director
of the African
Leadership Forum, a local think tank. "Ensuring Tsvangirai's
continued
leadership will ensure stability for the party until it achieves
its
objective of winning an election and therefore running a substantive
government. However, the challenge is what will happen if the transitional
period were to expire."
The resolution by the MDC-T Matabeleland North
province, analysts say, shows
an admission that the party may have to
discard its founding principles to
accommodate new realities. The risk,
analysts say, is that, while necessary,
allowing Tsvangirai to continue at
the helm of the party after the expiry of
his term could be the start of the
creation of a cult mentality.
Analysts say while it is normal for party
structures to urge leaders to stay
in power, steps should be taken to avoid
creating a dictator.
"Will (Morgan) Tsvangirai continue as an eternal leader
or will the party
evolutionarise its constitutional provisions to match the
stability that
comes with post transitional politics?" Maisiri
asked.
Takura Zhangazha, a political commentator, said the statements by the
MDC-T
Matabeleland Province were indicative of an "assumption by many that
the MDC
is part of a struggle for democracy that should be completed by
those that
began it".
He said Tsvangirai could enhance his democratic
credentials by resisting
temptations of prolonged leadership of the
MDC-T.
"A leader should respond to such suggestions by emphasising the
constitutional framework that informs his party and therefore suggest that
such matters should be raised at the party's supreme decision making body,
which in this case is the MDC congress," said Zhangazha.
He warned that
Tsvangirai's rivals could use his prolonged stay to paint the
MDC-T as
undemocratic, even when such a decision may have been taken at a
congress or
alternatively a national council meeting, democratically.
A continued stay in
power, for whatever reason, draws parallels to party and
national leaders
who refuse to step down, arguing that they still had the
support of the
ordinary members as well as "some unfinished" business.
Others, like Mugabe
who has been leading Zanu PF for more than 34 years and
the country for 30
years, refuse to let go of power arguing that the party
would be thrown
into disarray as there would be conflicts following his
stepping
down.
Another analyst, Psychology Maziwisa, said it was not only the time
that one
spent as a leader that made them dictatorial or otherwise.
"We
should always consider situations on a case by case basis, and looking
at
the MDC-T, I am not convinced that Tsvangirai is any kind of a dictator,"
said Maziwisa. "The important thing to understand about the Zimbabwe
situation is that it is hugely unconventional and you don't deal with
unconventional situations conventionally. You approach them
accordingly."
Maziwisa said Tsvangirai would not be labeled undemocratic even
if he were
to remain as leader of his party for several years to come.
"I
believe it is in the national interest that he sticks around for sometime
yet," said Maziwisa. "This is a perfect example of how misleading and even
dangerous it may be when democracy as a principle is construed literally. In
my respectful view, democracy is better understood and more productively
embraced if defined contextually."
Maisiri added that while it was
important to retain certain personalities
during the transitional period,
there were dangers of "creating a demi-god
status" in such people which
would make them indispensable.
"Though he is needed to stabilise their
transitional political discharge, he
must be dispensable in allowing
leadership renewal once the party has either
won an election or when new
blood is required," said Maisiri. "Leaders of
the mould of Tsvangirai must
also be aware that the proclamations of
followers are what normally pamper
leaders into dictatorships. So, as people
urge him to keep on as their
leader until the party wins an election, this
must not be a ticket to
authoritarianism."
Maisiri said the MDC-T leader should have the capacity to
contain the people's
"inferno of flattery" and should not go with his
followers' praises as this
can push him into dictatorship.
In Zimbabwe,
as is the case with many African states, there is always a
temptation to
continue as party leader as it is the surest way of
guaranteeing your
chances of either continuing as the country's president or
the presidential
candidate.
Lessons were learnt from what happened to Thabo Mbeki in 2008 who
after
losing the African National Congress presidency to Jacob Zuma was
recalled
by the party on a very flimsy excuse and resigned as the South
African
president.
Zuma stood as the presidential candidate a few months
later.
Maziwisa said it was possible to change leaders, giving the example of
the
biggest opposition party in South Africa, Democratic Alliance, where
Tony
Leon stepped down in 2006 after serving two terms giving way to Helen
Zille.
There are very few instances where a party leader steps down and hands
over
leadership. In fact, people frustrated by the prolonged stay of
founding
fathers have died politically or are gasping for breath outside the
control
of the party.
Leaders who left Zanu PF after Mugabe's prolonged
stay include Dumiso
Dabengwa and Simba Makoni who have both founded
political parties, but are
yet to make an impact.
This makes it suicidal
for politicians to try and push leaders out, even if
they use constitutional
means, as they may not be able to face up to the
consequences.
Leonard Makombe
http://www.theindependent.co.zw/
Friday, 13 August 2010 17:45
FAMILIES
forcibly relocated from Marange have been dumped in an abandoned
farm house
60 km from the diamond rich fields whose early proceeds netted
government
and its private partners US$72 million on Wednesday.
Disused tobacco
barns also provide a home to families residing at the farm.
The sales are
just a fraction of the 6 million carat stockpile Mines
minister Obert Mpofu
says are waiting for clearance from diamond regulator,
the Kimberley Process
Certification Scheme (KPCS).
Experts estimate that Marange stones are likely
to make up 25% of global
alluvial diamonds output and have come as a timely
boost to a market that
was starved of the product.
But a less glitzy
story lies at Arda Transau Farm, the new home for families
evicted from
Marange to make way for commercial mining. Twelve families
resettled by
Anjin Zimbabwe, a Chinese firm mining in Marange, are in a dire
situation.
Manicaland Provincial Governor Chris Mushohwe says 136 more
families are
earmarked for relocation to Arda Transau Farm.
Dilapidated infrastructure and
tall grass gives one the creeps upon entering
the lifeless land, formerly a
flourishing tobacco, paprika and dairy farm
before being taken over from its
owners by Arda, a run-down state
agricultural agency.
At the farm
entrance is an iron sign post that has since lost its purpose
due to an
advanced state of corrosion.
The sight of an impoverished child peeping from
the corners of an old
tobacco barn whose poor state makes it unfit even for
the drying of the
golden leaf shows how desperate families here
are.
Inside it is dark. Metal cross bars which were once used to hang tobacco
when the farm was still productive make the barns brim with heat.
The
barns do not have any windows or source of ventilation. The dark
brown-eyed
child, not used to visitors, flees in the direction of his
mother. Joseph;
he later tells us his name after calming down.
Joseph's torn, dirty clothes
and body tell a story of extreme poverty. His
family is a victim of the
forced relocations from Marange.
While the government and the KPCS this week
reveled in the limelight of
finally settling the contentious issue of
Marange diamonds, the lives of
these families tell a story of unfulfilled
promises, poor planning and lack
of care for citizens by a government only
too concerned with milking
resources.
Joseph's family, long-term
employees when the farm was still operational,
was forced out of the farm
house to make way for families relocated to the
farm from Marange. With
nowhere to go, the barns provide the only
alternative accommodation.
One
of Arda Transaus barn dwellers, 24-year old Prisca Chibharo was born and
raised at the farm. She told the Zimbabwe Independent during a visit to the
farm this week that life became difficult when the government took over the
farm from a white farmer during the land reform programme. The relocation of
Marange families there worsened the situation, forcing the mother of three
and other former farm workers to live paupers' lives.
To the government
it is like we don't exist," she says. "Now we were pushed
out from the
houses we were staying in. We were forced to stay in the cold
for three days
with our children. We were told without notice that we were
supposed to
leave with immediate effect to make way for families coming from
Marange.
Eventually we settled for the tobacco barn."
Chibharo said she had no
problems settling in with the villagers from
Marange, but wants the
responsible authorities to make the farm habitable.
Life is not any rosier
for the first batch of families removed from Marange
to the farm. They
describe their relocation as a nightmare.
Last year, Mushohwe claimed that
kraal heads from affected parts of Marange
would be settled with their
subjects at Arda Transau in order to maintain
the community fabric. But
families here say they have been dumped and
neglected.
Anjin Zimbabwe,
the first private firm operating in Marange to remove
families from land it
wants to mine, paid US$1000 per family and packets of
groceries to assist
the families to settle.
The families said they viewed the cash handouts as a
pittance. Four
families, with a combined population of 20, share the farm
main house, a far
cry from the homes they had built for themselves in
Marange.
Prosper Ndamera, one of those relocated to Arda Transau, describes
the
transition as painful.
Personally I am not happy with this
relocation. It has removed us from our
friends and family. It is not easy to
be moved from your home and forced to
stay at a place alien to you, said
Ndamera, pointing out that he misses the
family's five-roomed house in
Marange.
We are crammed here and it is not interesting at all. Though we are
grateful
for the $1000 they gave us and groceries, this does not amount to
what we
have lost in Marange.
Ndamera said Marange turned into a horror
since the discovery of diamonds
there. The diamonds had become a curse to
the community, he said.
"Our last days there were so difficult. We felt like
strangers at our own
homes. The Chinese came and barricaded our village and
they would drill
where ever they wanted. We really felt that we were no
longer wanted," said
Ndamera.
"People would request to be relocated to a
bigger place within our home
areas but that fell on deaf ears. The painful
thing is that our requests
were not heard. It is just a situation where
decisions are made without
proper consultation. It is like our input did not
matter. They once told us
that by September they (Chinese) would have built
twelve houses. We are
still to see that because so far our land has not been
pegged," he added.
Shamiso Mtisi, an environmental lawyer with the Zimbabwe
Environmental
Lawyers Association described the manner in which the
relocation was handled
as unjust and in violation of international standards
and treaties.
The problem is that there is no guarantee at all that they will
eventually
be given decent accommodation and other social services. The
likelihood is
high that these people will be forgotten. If government and
the mining
companies are not careful they will create another squatter camp
at Arda
Transau, Mtisi said.
He said the Permanent Secretary in the
Ministry of Local Government Rural
and Urban Development had said as much in
an affidavit filed in a High Court
Case HC 6334/09 in which Marange
villagers took the Local Government
ministry and the Mines ministry and
others to court over the issue of
unfair compensation and relocation.
In
his affidavit, the permanent secretary clearly deposed that the issue of
compensation will only be dealt with after the people have been relocated
and having determined the expenses incurred by government in building the
structures at the site. This will be a grave situation for the people as
they may not be fully compensated after all, said Mtisi, whose organisation
has been vocal in opposing the government's haphazard relocation
plan.
Unfortunately, the High Court dismissed the case stating that it was
not
urgent and now some people have already been relocated. The other
problem is
that government has not been effectively consulting and
communicating with
the people of Marange.
Mushohwe's response to the
situation at Arda Transau makes Mtisi's fears
real.
"They are state of
the art", he said of the accommodation at the farm.
"Houses have been
renovated and they are better than any houses probably
found in urban areas.
The children have settled well in schools.
"Our partners have made sure that
each child is provided with good furniture
at school, uniforms have been
bought for the children and groceries that
will take the family until
January have been bought. This is not part of the
compensation but just a
disturbance allowance," Mushohwe told the Zimbabwe
Independent this
week.
He said government and its partners were rehabilitating the state of
the art
irrigation structure and building model houses that would make a
mark in the
region, targeting to construct 80 four-bed roomed houses by this
December.
Wongai Zhangazha
http://www.theindependent.co.zw/
Friday, 13 August 2010
17:43
PRESIDENT Robert Mugabe’s call for amnesty on political crimes has
all but
ended hopes of justice on Zimbabwe’s recurring state-sponsored
abuses in the
near future.
Analysts say the amnesty call, and
inflammatory statements by war veteran
leaders accused of leading past
violence, could worsen already volatile and
tense political relations.
In
a televised Heroes’ Day commemorative speech, Mugabe said arresting
perpetrators of past violence would upset the coalition government’s efforts
at national healing and reconciliation.
Victims of Zimbabwe’s recurring
state-sponsored violence and commentators
say Mugabe’s statements are driven
more by self-protection than a genuine
desire for national
healing.
Mugabe’s proposals, they said, would worsen Zimbabwe’s fragile
stability
because most perpetrators of past violence were still active in
the security
sector and militia that have helped prop up the former guerilla
leader since
independence in 1980.
The country is already on the edge of
a repeat of widespread violence
because of the strain surrounding the
constitution-making process and a
possible general election next
year.
Civil society groups monitoring the situation say fresh cases of
violence
they are recording are closely linked to the impunity perpetrators
enjoy.
“It is unfortunate that Mugabe has called for amnesty at a time when
the
perpetrators have not shown any remorse," said Earnest Mudzengi, the
director of the National Constitutional Assembly. "It is a disaster in the
making if you tie this amnesty statement to war veterans’ leader Jabulani
Sibanda’s recent outbursts about crushing the Prime Minister (Morgan
Tsvangirai) like a fly. How can we talk of amnesty when perpetrators are
inflaming the situation?”
Reports coming in from civil society groups
such as the Zimbabwe Human
Rights NGO Forum show that Zimbabweans from
diverse backgrounds want justice
as a pre-condition for
reconciliation.
These groups say it is unacceptable for Mugabe, whom they
name as a
potential candidate for prosecution because of his alleged role in
past
atrocities, to prescribe conditions for national healing.
“When
Mugabe called for reconciliation in 1980, he did so as a survivor and
victim, and he should leave that role to survivors and victims to articulate
the way forward," said Gabriel Shumba, a human rights lawyer and director
of the Pretoria-based Zimbabwe Exiles Forum . "It doesn’t work to impose
amnesty as this will lead to people taking the law into their own hands, or
for impunity to thrive.” Shumba’s organisation works with exiled Zimbabweans
who continue to flee economic and political turmoil.
“It is
unconscionable that the president, who himself may be found guilty of
some
of the travesties that we have seen in Zimbabwe, should be the one
calling
for amnesty, forgiveness and reconciliation,” said Shumba, who fled
Zimbabwe
in 2003 after being tortured by state security agents who accused
him of
offering legal support to opposition MPs and supporters. Shumba has
taken
his case to the African Commission on Human and Peoples’ Rights after
failing to get recourse locally.
Admore Tshuma, a former state media
journalist now working on research on
transitional justice mechanisms, said
Mugabe was subordinating justice to
political self-interest by calling for
amnesty.
“Mr Mugabe is not fit to call for an amnesty because there is no
doubt that
he falls under the category of perpetrators of political violence
in
Zimbabwe. The whole idea of him suggesting an amnesty is flawed and
problematic,” said Tshuma. “We cannot have perpetrators dictating to victims
how they want to exonerate themselves.”
Zimbabwe has gone through
multiple phases of state-backed atrocities and
mayhem since 1980 without a
meaningful reconciliation and national healing
programme to rehabilitate
survivors of such disturbances.
A report released this month by the Zimbabwe
Human Rights NGO Forum showed
that victims of operations such as Gukurahundi
in the 1980s, Murambatsvina
in 2005 and the political violence of 2008 were
still haunted by the
turmoil.
Seeing perpetrators walk free and in some
cases being rewarded with lofty
military and government posts has deepened
the trauma faced by these
victims, the report noted.
Tshuma said such
impunity complicated Zimbabwe’s reconciliation process.
“Mugabe’s amnesty
rhetoric is unfortunate and is a mockery to the victims.
Instead, Mr Mugabe
must be calling for intensive investigations of political
violence that has
blighted Zimbabwe since he took office in 1980 as the only
means of moving
the troubled nation forward. Confronting head-on or dealing
with past abuses
is critical to building a tolerant nation torn apart by
gross violations of
human rights,” said Tshuma.
Farai Mutsaka
http://www.theindependent.co.zw/
Friday, 13 August 2010 17:42
TOP
police officers have been fingered in an asset firm ownership wrangle,
accused of corruptly fighting in the corner of former Assetfin Pvt (Ltd)
director Oniyas Gumbo to block alleged fraud cases against him.
Gumbo is
involved in a bitter ownership wrangle for Assetfin with the firm's
current
directors, Antony Parehwa and Paul Chidawanyika.
In documents sent to
Commissioner-General Augustine Chihuri and head of
police internal
investigations, Superintendent Godfrey Dengu, Assetfin
alleged that Gumbo -
a former director-general of ZBC - had sought the help
of the head of Harare
police serious frauds section, Senior Assistant
Commissioner Simon Nyathi,
Superintendent Edward Marodza, a Detective
Inspector Taruvinga and Detective
Assistant Inspector Mukhululi Nyoni to
fight in his corner.
The policemen
were allegedly arresting and harassing Parehwa and
Chidawanyika; and deputy
registrar of deeds and companies Willie Mushayi in
a bid to cover up Gumbo's
alleged fraud charges.
According to the report compiled by Parehwa and
Chidawanyika, Gumbo is
allegedly looting Assetfin's property.
Gumbo, who
resigned as director from Assetfin on October 12 2007, holds 50%
shares in
the firm, but is claiming the other 50% stake belonging to Unitime
Investments Private Limited, read the report.
Criminal Investigations
Department spokesperson Detective Inspector
Augustine Zimbili yesterday
confirmed that police were investigating the
case.
"We understand that
there is a wrangle over control of Assetfin and there
have been accusations
and counter accusations by the directors," he said.
"We are approaching the
matter cautiously to see who is right and who is
wrong."
Zimbili declined
to comment on the report that was handed over to Chihuri
and Dengu by
Assetfin. Efforts to get a comment from Gumbo yesterday were
fruitless as he
was not reachable on his mobile phone.
The police officers named in the
bitter wrangle are facing a lawsuit in the
High Court, case number HC
3607/10, for interfering with state witnesses,
upholding corruption and
violating the Companies Act by interfering in
smooth running of a commercial
company.
The report to Chihuri and Dengu indicated that Gumbo and the police
officers
had defied court rulings on several occasions.
The documents
reveal Gumbo's alleged unlawful transfer of properties worth
US$2,4 million
from Unitime Investments to his own company Ansellia, CR
36/06/08. The
properties were transferred for only Z$9 000 in 2008.
Marodza allegedly
interfered in the case, which the Attorney-General's
office is yet to
prosecute since June 2008.
According to the documents, Gumbo's alleged
criminal activities covered up
by the police include making people sign
documents under duress, case number
CR 387/06/10, and creation of fraudulent
papers purporting to make him a
sole shareholder in a document entitled
Shareholding Nominee Agreement,
reported under CR 13013/2/09. Gumbo
allegedly stole properties owned by
Assetfin and transferred them to his
personal companies and friends.
The case was reported to the Anti-Corruption
Commission on April 22, CR
36/06/08, and at Harare Central Police Station,
CR 488/07/10.
"In order to cover up the above cases Oniyas Gumbo corruptly
solicited the
help of the following; Superintendent Marodza, D A I Nyoni, D
I Taruvinga of
ZRP serious frauds and he has been name dropping Senior
Assistant
Commissioner Nyathi as his friend to cover up and maintain his
lies and
resist arrest," read the Assetfin report. "He has made false
counter reports
with the assistance of Superintendent Marodza, D A I Nyoni,
D I Taruvinga
who cite the blessing of Senior Assistant Commissioner Nyathi
in opening
counter report and arrests."
According to a letter dated June
20 2010 signed by Mushayi, the CR 14
showing Oniyas Gumbo and Emilda
Mapanzure as directors of Assetfin was
fraudulently acquired as confirmed by
an affidavit signed by the latter.
"The CR14 filed by Ms Emilda Tendai
Mapanzure and supposedly registered on
27 June 2007 is indeed irregular. Her
affidavit attached to the letter of 8
June 2010 in which she disowns that
document confirms that the said CR14
cannot be authentic legal record,"
wrote Mushayi. "With the documentary
evidence at hand the CR14 listed as
Appendix 6 in the letter of 8 June 2010
listing Paul Hupenyu Esau
Chidawanyika and Antony Taengwa Parehwa as the
current directors of Assetfin
Pvt Ltd is the true record of the company's
directorship."
Chief
registrar of deeds and companies, an F Maredza, however, said Mushayi's
decision should be ignored since the wrangle is now at the High
Court.
Mushayi was arrested last month and appeared in court on allegations
of
abusing public office. He allegedly showed favour to Parehwa,thereby
discrediting Gumbo and Mapanzure as directors of Assetfin.
Brian
Chitemba
http://www.theindependent.co.zw/
Friday, 13 August 2010 17:41
THE Constitutional
Parliamentary Committee (Copac) has demanded to handle
cash for its
operations, saying the current system where donors and the
government pay
directly to service providers was slowing the crafting of a
new governance
charter.
A critical outreach process to record citizens' opinions on what
they want
included in the new constitution ground to a halt on Wednesday
because there
was no money to buy fuel for the exercise. Copac
co-chairperson Douglas
Mwonzora (above) said the programme would resume
soon.
Outreach teams countrywide were left stranded after suppliers refused
to
release fuel because of non-payment for 60 000 litres of the product
which
had been supplied on credit.
"The funding arrangement by the United
Nations Development Programme (UNDP)
must change from direct payment to
advance payment such that Copac handles
the cash," said Mwonzora. "Copac can
account for the money and we can also
have auditors. That can greatly
improve the situation."
Under the current system, Copac only identifies
suppliers of services. The
UNDP and government pay the service providers
directly, a situation Copac
officials say has contributed to the slow pace
of the reforms.
The UNDP is assisting in mobilising funds from donors after
government said
it could only afford part of the expenses needed to
successfully complete
the constitutional reforms.
This week's incident
was only part of several occurrences where
constitutional reforms have been
affected by cash shortages.
Mwonzora blamed bureaucracy at the UNDP for late
payments of services
resulting in outreach teams being ejected from hotels,
and the shortage of
fuel.
Only recently drivers contracted to the project
refused to work because of
late payments of their allowances.
He said
government was also delaying releasing funds, with only US$300 000
disbursed
instead of US$2,5 million it had committed to the process.
Donors and
government have refused to accept previous requests by Copac to
change the
payment system.
Mwonzora, however, said Copac would increase pressure on the
matter after
the latest incident involving fuel shortages.
"It's
embarrassing that we always make promises, but default. We want to
have the
money in our hands for the project to succeed," said Mwonzora.
The drafting
of a new constitution is part of President Robert Mugabe, Prime
Minister
Morgan Tsvangirai and his deputy Arthur Mutambara's power-sharing
agreement
signed in September 2008.
The new charter is expected to lay the foundation
for future free and fair
elections as well as ensure political
stability.
Zimbabweans hope the new constitution will also guarantee human
rights,
civil, political and media freedoms. - Staff Writer.
http://www.theindependent.co.zw/
Friday, 13 August 2010
17:37
ZIMBABWE will dominate discussions at the Sadc summit in Windhoek,
Namibia,
next week with all three political principals of the inclusive
government
attending the meeting.
The discussions on the Zimbabwean
crisis will be done at two levels, first
by the Sadc troika on Politics,
Defence and Security chaired by Mozambican
President Armando Guebuza Guebuza
on Sunday and then at the heads of state
and government meetings on Monday
and Tuesday.
Zimbabwe will also come under the spotlight when Sadc leaders
discuss the
legality of its tribunal. Former white commercial farmers won an
order
stopping the government from compulsorily acquiring their farms for
purposes
of resettlement under Zimbabwe's land reform
programme.
Government has refused to honour the tribunal ruling and has since
pointed
out that two-thirds of Sadc members were yet to ratify the protocol,
creating the tribunal as per the requirements of the 1992 Sadc Treaty and
norms of international law.
Meanwhile, the summit comes as Zanu PF, MDC-T
and MDC-M are in a state of
confusion over which issues remain
outstanding.
Diverse positions have emerged mainly between Zanu PF and MDC-T,
which also
differ from the agreed positions by the three political
principals of the
unity government.
Zanu PF's party position is that
there is only one outstanding
issue -sanctions - which they are taking to
the summit, while MDC-T is
insisting that there are about 15 issues that
they want the Sadc leaders to
deliberate on.
MDC-M says it was
irresponsible and dishonest for political parties to
declare positions when
the three principals, President Robert Mugabe, Prime
Minister Morgan
Tsvangirai and his deputy Arthur Mutambara have already
agreed and written
to the Sadc facilitator, South African President Jacob
Zuma, outlining areas
of agreement and disagreement.
The three leaders on June 10 wrote to Zuma
stating that they had agreed on
many of the outstanding issues, except three
which include the swearing-in
of Roy Bennett as deputy agriculture minister,
and the controversial
appointments of Reserve Bank Governor Gideon Gono and
Attorney-General
Johannes Tomana.
Zanu PF spokesperson Rugare Gumbo told
the Zimbabwe Independent that the
issues that MDC-T was raising were
administrative, which he believes
southern African leaders would not want to
waste their time dwelling on.
"As far as we are concerned, there are no more
outstanding issues and the
only critical issue is that of sanctions. We have
taken a common position in
public but we differ privately. The issue of
appointments is an
administrative issue," he said.
Gumbo added that: "It
is an issue that cannot be taken to Sadc. They (MDC-T)
are not talking of
fundamental issues. Sadc leaders have their own
administrative issues to
deal with, while others have domestic challenges of
their own and they would
not want direct interference themselves."
However, according to a report of
negotiators to the principals, the issue
of sanctions was agreed on and
lobbying for their removal has started.
The three parties have set up a
re-engagement committee chaired by Foreign
Affairs Minister Simbarashe
Mumbengegwi and has already opened dialogue with
the European
Union.
Regional Integration and International Co-operation Minister Priscilla
Misihairabwi-Mushonga of MDC-M, Economic Planning and Investment Promotion
Minister Elton Mangoma of MDC-T and Justice Minister Patrick Chinamasa of
Zanu PF met with top EU officials in July in Brussels. The next meeting will
be in Harare.
In addition as per the global political agreement,
Tsvangirai has been to
the EU, United States and Britain lobbying for the
removal of sanctions,
while Mugabe and Mutambara have also been calling for
their lifting.
The United States congress has had hearings on the removal of
sanctions
imposed on Zimbabwe in 2001 over political
repression.
Meanwhile, MDC-T also seems to be differing with its leader on
the party
position regarding the outstanding issues.
MDC-T spokesperson
Nelson Chamisa said there are at least 15 issues that
they are taking to
Sadc, which have been put into three categories.
This was also supported by
MDC-T negotiator Elton Mangoma, who said the
three categories were
characterised as deadlocked, agreed but not
implemented and emerging
issues.
Chamisa said: "As MDC, we have very clear expectations -- the first
one is
the full implementation of the global political agreement and in this
we
need to make sure that the outstanding issues are laid to rest as a sure
measure to ordain this inclusive government to credibility, legitimacy and
bankability."
He said the issues agreed on in principle but not
implemented included media
reforms, transforming the Zimbabwe Broadcasting
Holding into a true public
broadcaster, the appointment of board members to
the Broadcasting Authority
of Zimbabwe, ZBH and Zimbabwe Mass media Trust,
national heroes, reform of
the police, ministerial mandates, appointment of
provincial governors and
roll out programme for national healing.
In
addition, Chamisa said his party wanted a framework of implementation for
the agreed issues.
The deadlocked issues, he said were the swearing in of
Bennett and
appointments of Gono and Tomana.
The emerging issues, which
Chamisa referred to as toxic or unilateral
issues, were appointments without
consultation of ambassadors, judges and
boards and also Zanu PF jingles
being aired on television and radio.
He said they also want violence to end
and soldiers allegedly intimidating
people in rural areas to be
removed.
"We want these issues to be dealt with by Sadc as guarantors of the
GPA," he
said adding that "we also want a roadmap or trajectory to a free
and fair
election. We want clear signposts such as electoral reforms, which
would
ensure we have a whole menu of reforms such as a fresh voters
roll.
"We also want timeframes for elections to be agreed on at Sadc so that
there
is no ambush of each other. We also want Sadc to agree on a monitoring
group
to be permanently stationed six months before and six months after
elections."
However, MDC-M negotiator Misihairabwi-Mushonga said in a
telephone
interview from Shanghai in China discussions at Sadc would be
solely based
on the report given by the principals.
"The principals have
an agreed position and the rest are just pubic
posturing and positioning. I
don't think Sadc will want to turn themselves
into a negotiating forum. This
has never succeeded. Sadc will intervene on
the basis of the principals
report on which they have appended their
signatures," she
said.
Faith Zaba
http://www.theindependent.co.zw/
Friday, 13 August 2010
18:33
EMPOWERMENT minister Saviour Kasukuwere has blocked the sale of a
Barclays
Bank subsidiary, Custodial Financial Service, on grounds that the
bank did
not comply with indigenisation and economic empowerment
regulations,
businessdigest can reveal.
Impeccable market sources said
Kasukuwere recently wrote to Barclays Bank
Zimbabwe stopping a planned sale
of the bank's custodial business accusing
the financial institution of
ignoring regulations compelling companies to
draw up an empowerment
plan.
A custodian bank is a specialised financial institution responsible for
safeguarding a firm's or individual's financial assets and is not likely to
engage in "traditional" commercial banking such as mortgage, personal
lending, branch banking and personal accounts.
According to the
indigenisation regulations, gazetted early this year,
foreign-owned
businesses must dispose of controlling stakes in companies
valued at US$500
000 or above to indigenous Zimbabweans.
This week, Kasukuwere could neither
confirm nor deny stopping the deal.
Barclays Bank MD George Guvamatanga
denied receiving a letter blocking the
deal.
He said: "Barclays confirms
that it submitted its application for the sale
of its Custodial business to
the Ministry of Youth, Development,
Indigenisation and Empowerment, Hon. S
Kasukuwere on 26 May 2010. We have
not yet received a response to our
application."
But sources maintained that Kasukuwere had blocked the
deal.
"The minister has stopped the sale arguing that the bank was yet to
submit
its empowerment plan as outlined in the indigenisation regulations,"
one of
the sources said. "The minister has since written to the bank
blocking the
deal."
Barclays sought approval to sell its custodial
business in May. This comes
after Barclays Bank Plc, the local bank's parent
company, agreed to sell its
custody business in Africa to Standard
Chartered.
Barclays Africa custody business had gross assets of £1,9 million
and assets
under custody of £3,862 million as of last December. The business
is a
pan-African securities and custody operation which employs 66 people
and
covers 16 markets from its operations in Botswana, Ghana, Kenya,
Mauritius,
Tanzania, Uganda, Zambia and Zimbabwe.
Barclays exited the
global custody business outside Africa in 1998. The
remaining custody
business in Africa is profitable, but would benefit from
the synergies a
global operation could provide, the bank said then.
The sale is expected to
be completed in 2010, subject to regulatory
approvals and other customary
conditions.
Chris Muronzi
http://www.theindependent.co.zw/
Friday, 13 August 2010
18:25
ZIMBABWE is lagging behind on the disclosure of executive
remuneration,
which is shrouded in secrecy. Zimbabwe Independent Business
Editor Chris
Muronzi (CM) spoke to Willia Bonyongwe (WB), chairperson of the
Securities
Commission of Zimbabwe (SEC). Below are excerpts. CM: Of late,
there have
been a number of cases involving possible share option abuses
relating to
options in the Zimbabwe dollar days and some approved recently.
What is the
position relating to disclosure of share options in terms of
share splits
(who got/gets what)? Should there be full disclosure on the
part of
companies given that elsewhere a number of executives have been
found
wanting in backdating scandals?
WB: Share option schemes are
firstly a shareholder issue and they must vote
for the share option scheme
process. However, they have to comply with
exchange requirements, in this
case the ZSE rules and regulations. The
regulator does not as a matter of
course deal directly with listed companies
on this issue but with the
exchange itself. We seek to satisfy ourselves
that the exchange procedures
and regulations have been followed and that the
regulations/rules of the
exchange are fair, transparent and that there has
been full disclosure and
no stakeholder has been prejudiced.
The problem has been that most investors,
including institutional investors,
have been rather passive, and often pass
issues without scrutinising them.
It is therefore difficult where all due
process has been followed to
re-visit any issue in retrospect. In this
respect, all we can do is to
sensitise institutional investors on the need
to fully exercise their rights
in line with international best practice and
challenge issues brought to EGM
and AGMs. At another level, the SEC is
expecting to review the ZSE rules and
regulations to ensure that they are in
line with the Act.
Where irregularities arise, the SEC will obviously
intervene. We do not
regulate through the Press because of the obvious
impact it would have on
the capital markets in general and on the company
itself. But I can confirm
we have looked at a couple of share option schemes
which were done before we
were appointed and in the Zimbabwe dollar
environment and we have, through
the ZSE, taken corrective measures. More
importantly we were advised by the
ZSE CEO that they have issued some
guidelines with regard to share option
schemes which were done during those
days.
CM: Elsewhere, developed markets are compelling executives to disclose
remuneration? Here, executive remuneration is shrouded in secrecy. What is
SEC doing to ensure there is full disclosure on this front?
WB: One has
to agree that our levels of disclosure have not been that
rigorous and have
fallen way below international best practice. The fourth
schedule of SI
.100/2010 covers guidelines on corporate governance practices
for all
institutions that are regulated by SEC in line with international
best
practice, particularly the IOSCO principles. We expect the ZSE to be
working
flat out to incorporate this into their Listing Rules. If you look
at the
JSE Rules, for example, you will find that they have incorporated
King II
into the rules. Additionally, the Companies Act in South Africa has
been
revised to incorporate these corporate governance issues.
You might also be
interested to know that Zimbabwe is currently crafting a
National Code of
Conduct and I chair the thematic committee dealing with
Integrated Reporting
and Financial Disclosure. The process is now looking
into King III where we
are looking beyond the financials into the impact on
the community and
environment, etc. We have all seen how BP was affected
by the Gulf spill.
Going forward, we will be expecting more disclosure,
definitely on
remuneration-related parties and other issues which can lead
to insider
trading, price manipulation, etc, as these are important.
CM: Has SEC made
any enquiries in possible share options scandals on the
market? If so how
many cases since SEC came into existence? What were the
findings of such
inquiries?
WB: Like I said before, the ZSE owns the process as shown, SEC
will then
take up any disputes that arise out of that process.
CM: There
is concern that you are overstepping your boundaries by leaving
your key
mandate and opting to regulate journalists already regulated by
Zimbabwe
Media Commission and bound by such laws as Aippa. What do you say
to
that?
WB: Let me categorically say that the SEC has no intention now nor have
we
had the intention in the past to regulate journalists. That is the
mandate
or jurisdiction of the Zimbabwe Media Commission. However, I can
understand
how the furore arose given the definition in the Securities Act
[Chapter
24:25], Section 2(1)(b)(ii) and section 38(1)(b). Our Act is
fashioned along
the USA one that also caused an uproar on whether the SEC
there wanted to
gag the press. A financial journalist in this regard is not
your normal
reporter who reports on market issues or business issues. It
refers to
someone whose core business is actually proferring investment or
financial
advice and who also publishes that information. That person would
in effect
be already registered by the SEC anyway. The SEC Secretariat has
already met
with the secretariat at the Zimbabwe Media Commission to clarify
the issue
and I hope that concludes it.
But I think the fundamental issue
in this regard which is also very topical
globally and which the local media
might also want to debate concerns the
crucial role which financial and
business journalists play in the capital
markets. As regulators, we expect
and indeed desire that the media will put
the financial system under
scrutiny. We also expect you to fully understand
the complex nature of the
financial story, hence it is important to look at
the context, diverse views
and background of the story. It will be
important for the public to really
know what is happening. For instance, it
might be factual to say there is a
clash between SEC and the ZSE on the
Investor Protection levy, a story you
once carried. It would be important to
know the origins of that clash, the
background, gather all the views and to
carry the story to its definite end.
Journalists influence opinions and
perceptions not only locally, but
international. Investors also rely on you
a lot so it would be good to have
adequate training maybe as a special
course in journalistic
training.
CM: What is the mandate of SEC in short?
WB: The key objectives
of the commission are (Section 4): Providing high
levels of investor
protection, reducing systemic risk in the capital
markets, promoting market
integrity and investor confidence, preventing
market manipulation, fraud and
financial crime, ensuring transparency in
capital and securities markets and
promoting investor education.
The Securities Commission is responsible
for:
Regulating trading and dealing in securities, registering, supervising
and
regulating securities exchanges, licensing , supervising and
regulating
licensed persons, encouraging the development of free, fair and
orderly
capital and securities markets in Zimbabwe and advising the
government of
Zimbabwe on all matters relating to securities and capital
markets.
SEC regulates capital market players which include securities
exchanges (eg
Zimbabwe Stock Exchange), securities dealers (eg
stockbrokers), transfer
secretaries, custodians, investment advisers and
investment management.
CM: When is the SEC going to assume the regulatory
role of asset management
companies?
WB: The Ministry of Finance is
working on the modalities of the transfer of
Asset Management Companies and
Collective Investment Schemes to SEC.
CM: Many financial writers don’t want
to be financial advisors. Why does SEC
want writers to be financial
advisors?
WB: The SEC does not want writers to be financial advisers. SEC
will only
licence those who give investment advice that fall under the
ambit of the
Securities Act Chapter (24:25).
The definitions are as
follows: “investment advice” — as per Section 2(1)
(b) (ii) is the issuing
or publishing of analyses or reports on securities;
“financial advice” — as
per Section 112 (1) is any written advice, analyses
or reports in regard to
securities. Section 38 specifies persons that
require licenses and
investment advisors are included, subsection (1) (b).
Section 38(3) excludes
certain persons from licensing in terms of the Act
and in particular
subsection(3) (vii) excludes the printer or publisher of a
newspaper,
magazine or other periodical in which advice, analyses or reports
are
published in regard to securities, but this is only in certain
circumstances.
Journalists were attracted to that part of the Statutory
Instrument which
affected them directly. Now that the air has been cleared I
hope that you
will also shift your interest to the rest of the SI 100
because it shifted
the capital markets drastically in terms of structure and
operation.
Firstly, it is now legally feasible to register more exchanges,
be they
stock, commodity, bond etc. It also changed the structure and
operations of
managing the ZSE. Most investors were uncomfortable with what
they called
the “informal club arrangement” at the ZSE where brokers set the
rules,
played and refereed themselves.
At this point in time, in this age
of globalisation and corporate
governance, our bourse fell short of the
minimum international standards and
discouraged inflow of investment into
the capital market. Locally there have
been complaints of partiality from
stakeholders, but no-one could do
anything about it. The ZSE will now have a
more diverse board or management
committee which looks after the interests
of all stakeholders.
This committee/board, unlike in the past, will also have
proper oversight on
the ZSE management or secretariat. It would have taken a
really brave broker
to challenge a CEO with as much powers as those given
under the ZSE Act. We
thus expect that the ZSE will be strengthened in terms
of capacity and
governance and all this will increase market integrity and
attract more
players and deepen the capital market in general.
http://www.theindependent.co.zw/
Friday, 13 August 2010
18:17
GOVERNMENT'S policy ambiguity concerning 99-year land leases for
farmers has
been interestingly challenged by a re-ignited debate concerning
the
bankability of such leases. When Finance minister Tendai Biti mentioned
in
his mid-term fiscal policy review statement that there was need to ensure
that the new farmers acquired collateral by considering issuing title deeds
to farmers, MPs appeared somewhat confused. Some, probably Zanu PF MPs,
jeered at the proposals and the MDC MPs jeered back when Biti emphasised
matters of posterity and productivity. And it would appear that the matter
seems to have rested there. There have been no further official
pronouncements as to what is going to happen. Neither has the banking sector
issued a comprehensive response to the proposals. What is known however is
that there was a period in which the Agricultural Bank (Agribank) gave out
some small government-backed loans to new farmers based on using livestock
as collateral in the last season. Whether these loans were repaid might be a
matter for the banks to disclose, a move that would probably be most helpful
to the public.
A number of economists have regularly called for the
privatisation of state
land. And this call had initially been with
particular reference to communal
areas that are in the control of the state.
When the fast track land reform
programme (FTLRP) was undertaken, the issue
of tenure also affected the
resettled areas that previously were not under
direct state ownership or
control. The government then instituted the
99-year lease agreement for some
of the new farmers in the hope that this
would allow them security of tenure
and therefore the ability to acquire
bank loans or investments that would
boost their productivity. In the
aftermath of the inclusive government and
the proposals to Parliament in
last month's fiscal policy review, this
issue has been given a much more
political dimension due to the proposal for
full land tenure as opposed to
99-year state leases.
Zanu PF is clearly opposed to this as it would
seemingly rationalise what
they have all along called a third Chimurenga.
The rationalisation would be
in the sense that once full land ownership is
given to the individual
farmer, the state would no longer have any direct
bearing on either the
particular usage of the land or alternatively the
government no longer being
able to threaten any resettled farmer with state
repossession of the farm
for any reason that may range from the political to
the economic. This
proposal, as far as Zanu PF would be concerned, would
mean that their third
Chimurenga has passed the irrational phase and can no
longer be used as a
political instrument.
For the MDC it would seem that
the issue of land tenure has been part of
their policy plans for some time
now. Their combined calls for a land audit
as well as rationalising the land
reform has been in the public domain for a
while now. Zanu PF has however
sought to politicise it by saying it is a
disguised yearning for a return to
the pre-2000 land ownership patterns.
This is however a moot point because
even the new farmers have generally
indicated that they too would like to be
able to acquire resources outside
of the state allocations.
Of these two
positions, given the still prevalent sensitivity of the land
question in
Zimbabwe, one cannot find an easy answer. It is no longer
feasible to simply
argue for the privatisation of all land because of the
FTLRP.
If one were
to merely privatise the land that was redistributed after 2000,
what is to
prevent the new farmer from re-selling that land to the highest
bidder and
thus making national land ownership, once again, the preserve of
the few?
Even where one were to argue that there is a need to ensure state
protection, what prevents the state's role in 99-year leases from becoming
one of unbridled state capitalism, wherein the state directly interferes
with issues of land usage on all commercial farms? Ethiopia is an example of
such unbridled state capitalism. Its government opted to lease large tracts
of its land to foreign based companies whose interests are to feed their own
countries' domestic demands as opposed to the needs of Ethiopian
citizens.
The solution to Zimbabwe's land tenure problem requires a holistic
approach.
This approach must be one that analyses both the communal areas
and those
that are now referred to as resettlement areas both before 2000
and after.
The government must examine in a less political manner what it
views as the
key priorities of land reform. It has said that it wants
production to
increase as well as to ensure the empowerment of all
Zimbabweans. In order
to arrive at this, the solution resides in the state
taking on a democratic
role on issues of land reform.
It has to consult
the people in the aftermath of 2000, and in the context of
the inclusive
government, what they expect of land reform and land tenure.
The general
public consensus may be that the land must be given to the
people, but it is
now the methodology that needs public assent, not elitist
assumptions of
those in government. Indeed, this would be a matter that on
its own, merits
a national referendum.
Takura Zhangazha is a Harare based political
analyst.
http://www.theindependent.co.zw/
Friday, 13 August 2010
17:59
ALTHOUGH the occasion was the funeral of his beloved sister, Sabina
Mugabe,
undoubtedly intended to pay tribute to, and mourn the departure of
the
deceased, president Robert Mugabe apparently felt it was an apposite
occasion to inform Western countries that they should "go to hell, to hell,
to hell". It was presumably his intent to demonstrate to them his contempt,
and his anger and fury, at the continuance of alleged economic sanctions
against Zimbabwe, and to demonstrate that Zimbabwe has no intention to
succumb to the pressures, which it perceives are being applied by the
countries for political change in Zimbabwe.
However, even if that was the
intended message, which it surely was, some
may well have construed it
differently. Many Zimbabweans could easily have
perceived the president's
statement to be an invitation to the Western
countries to come to Zimbabwe.
Innumerable Zimbabweans are convinced that
the country has become hell and
despite the recurrent political attribution
of blame to the Western
countries, are firmly of the justifiable belief that
Zimbabwe's
transformation to hell is almost entirely at the instance of the
political
hierarchy, and especially that hierarchy that ruled absolutely
prior to the
coming into being of the so-called "inclusive" government.
The harsh
realities of life in Zimbabwe are that almost nine-tenths of the
population
struggle to survive, having incomes well below the poverty datum
line. Even
worse, more than half of the population has income below the
food datum
line, being the minimum required for basic and essential
foodstuffs
necessary for the avoidance of malnutrition and associated
ill-health and
jeopardy to life. Tens of thousands cannot afford
accommodation, cannot
fund education for their children, and do not have the
resources to access
health care, even when most desperately needed. All
these distressing and
grievously discomforting and life-threatening
circumstances are compounded
by associated discomforts of erratic power
supplies and water delivery,
minimal refuse collection, defective sewerage
systems and diverse other
service inadequacies of parastatals and local
authorities, as well as
grossly excessive authoritarianism of many civil
servants in general, and
numerous of the police force in particular.
Government's repeated claims are
that these disastrously catastrophic
circumstances are by-product
consequences of actions by Western countries in
general, and former
colonialist countries in particular, with an objective
of undermining
Zimbabwe's political regime, and of recolonising the country.
Such
allegations are blatantly devoid of substance. On the one hand, all of
the
Western countries have progressively and steadfastly sought to rid
themselves of any and all colonies, they in the main having become naught
but burdens, and the principle of colonialism having become internationally
anathema. On the other hand, the innumerable ills that have afflicted
Zimbabwe have been almost wholly of an economic nature, irrefutably caused
by ill-conceived government policies and by endless gross mismanagement of
the economy by the state.
While it cannot be denied that international
sanctions upon Zimbabwe have
had negative economic consequences, and
minimised the lot of the populace,
the extent thereof has been minimal as
compared with the horrendous
consequences of the government's innumerable
ill-considered acts of
commission and omission.
The most pronounced of
the international sanctions is a bar on approximately
200 of Zimbabwe's
political hierarchy and associates from travel to and in
Western countries
(save when on United Nations' related activities). That
bar has had no
impact upon the wellbeing of Zimbabweans. A further sanction
precludes
lendings by the Bretton Woods institutions (IMF and World Bank),
but
irrespectively, those entities have been precluded from providing
funding to
Zimbabwe, because of her prolonged defaults in debt settlement.
The only
real economic sanction applied by any of the international
community is that
there can be no economic interactions with the Zimbabwean
government, its
parastatals, and other entities in which it (or any of the
political
hierarchy) hold equity.
But the effect of that sanction is very limited, as
compared to all Zimbabwe's
other economic ills, for the entities subjected
to the sanctions not only
access inputs from countries that have not imposed
sanctions (generally
being in the Far and Middle East), but are so
appallingly mismanaged, and
subject to diversion of funds by government and
those in political
authority, that they are in any event unable to service
adequately the needs
of the economy and of the people.
The causes of the
economic misery which afflicts Zimbabwe, over and above
the immense
disservice of most parastatals, are manifold. Government
vigorously
destroyed the very foundation of the economy; agriculture, by
resorting to a
diabolically ill-conceived land reform policy, heedless of
the innumerable
warnings and cautions given to it. That deprived the
populace of basic
foodstuffs, occasioned unemployment for over 300 000 (and
therefore, with
their dependants, poverty for almost 2 million).
Concurrently, for almost 30
years government was oblivious to, or
intentionally condoned, gross state
deficit budgeting, compounded by intense
corruption. Addressing its
illiquidity in a most destructive manner, it
resorted to endless printing of
money, unbacked by reserves. That was the
key trigger of the most
pronounced hyperinflation ever to be experienced
anywhere in the world at
any time in recorded history.
When belatedly in 2009, government began to
contain its economic
mismanagement, and to take actions necessary for
economic recovery -- with
some very significant positive effects -- it
clearly perceived that recovery
to be abhorrent. Reversing all the
substantive achievements in the first
year of operation of the "inclusive"
government, it enacted Indigenisation
and Economic Empowerment Regulations
designed to enhance the wealth of the
favoured few, rather than the
economically beleaguered population. It did so
in a manner which reversed
the slow restoration of business confidence that
had developed in 2009, and
which completely alienated the potential investor
community, both foreign
and domestic. Investment was, and is, a
prerequisite of Zimbabwe's economic
wellbeing, with especial emphasis upon
foreign exchange generation,
employment creation, growth in economic
activity, enhanced revenue flows to
the fiscus, and much else.
Compounding that alienation of the investor
community, government
intensified its endlessly unproductive courtship of
China and other Far East
countries, and equally authoritarian states such as
Iran. While doing so,
it also became increasingly voluble in its
castigation of Western countries,
thereby yet further discouraging much
needed investment, and gravely
discouraging critically needed development
aid, let alone any cessation of
those international sanctions applied
against Zimbabwe. In so doing, the
megalomaniac and paranoiac elements of
government successfully transformed
Zimbabwe from a potential economic
paradise to a pronounced economic hell.
Comprehensive, nationally-beneficial
economic recovery and wellbeing
required extensive political policy changes,
but will also be dependant upon
cordial and harmonious, mutually beneficial
and constructive relationships
with almost the entirety of the international
community, including both
Western and Eastern countries.
Hopefully,
therefore, the West will accept President Mugabe's invitation to
go to hell,
being to come to Zimbabwe, which is a politically created
economic hell, and
that Zimbabwe will welcome the Western invitees
unreservedly. Then, albeit
over a period of time, the hell can become a
paradise!
http://www.theindependent.co.zw/
Friday, 13 August 2010
17:58
THE Herald on Wednesday told us the ministerial delegation from the
Association of African Diamond-Producing Countries wants diamonds from
Chiadzwa to be allowed on the market so the nation could benefit from the
revenue generated from the sales.
We have no problems with the
delegation's desire to see the revenue from the
diamond sales benefitting
restive Zimbabweans.
But we would have wanted The Herald reporter who
accompanied the delegation,
to also collect the views of the villagers from
Chiadzwa.
They surely could have told him that they were still to see any
benefits so
far.
They could have probably told the Herald the Chinese
company granted rights
in Chiadzwa is hiring Chinese nationals to do even
menial jobs. We would
have wanted to hear them speak on what they think
about the people who have
turned their villages into red-light
districts.
Remarks by the delegation's head on human rights abuses at
Chiadzwa were
curious.
Nobody told South Africa's Mineral Resources
Minister, Susan Shabangu, that
prior to their tour of Chiadzwa, the army had
conducted a violent "cleanup"
campaign that included raiding busy business
centres - rounding up and
beating up innocent people who had nothing to do
with the activities at the
fields.
Addressing villagers in Chiadzwa after
touring operations by Canadile Miners
and Mbada Holdings yesterday, minister
Shabangu said companies operating in
Marange should be allowed to sell their
diamonds.
"We are here to check. If it is not true (that there are human
rights
abuses) we can support the companies to be allowed to sell their
diamonds.
"We are here to assist Zimbabwe to ensure that sanctions placed on
diamonds
can be removed if those allegations are not true," minister
Shabangu said.
Why did she not ask the villagers she addressed about the
human rights
situation in Chiadzwa? The answers were right in front of
her.
Still on diamonds, thanks to Professor Tony Hawkins of the
University of
Zimbabwe for reminding our leaders on how the revenue from
diamonds sales
could assist in developing the country.
"There is no doubt
that diamond sales will add value to country's revenue
but this money should
not go into the hands of individuals," Hawkins, a UZ
professor of Business
Studies (isn't he the Dean?) was quoted by an online
publication.
'The diamond industry should be nationalised. They
(diamonds) ought to be in
the hands of the state and revenue should be
ring-fenced and be channelled
into the construction of infrastructure such
as roads, bridges, housing
stands, hospitals and schools."
Right, Tony.
Finance minister Tendai Biti has complained US$30 million from
previous
diamond sales vanished without trace.
Mines minister Obert Mpofu was quick to
deny that, claiming not even a dime
had left the country, but we are
comforted by the fact that President Mugabe
knows better as he publicly made
reference to the disappearing gems last
week. Is that not a glaring
contradiction?
"Diamonds should not be pocketed by some individuals. They
should help to
improve the whole country. Those with an appetite for
individual
aggrandisement please blunt your appetite," President Mugabe said
two weeks
ago while burying his sister Sabina.
Thanks for the
acknowledgement; we now wait your action Mr President. We
also hope the
nation will not be misled about the revenue that will go to
treasury from
the diamond sales.
And why do we continue to see glaring contradictions
within Zanu PF?
While President Mugabe and other leaders were preaching unity
and peace at
the Heroes' Acre on Monday, a leader of a faction of the war
veterans,
Jabulani Sibanda, was reportedly threatening to "swat out" the
life of
Prime Minister Morgan Tsvangirai.
While addressing villagers at
Mashoko business centre in Bikita, Sibanda
reportedly equated the PM to "a
fly" that could "easily be eliminated" from
the political scene if need
arose.
Sibanda's remarks were reported as President Mugabe accused the
European
Union and other Western countries of not forthcoming in his
attempts to
re-engage them.
"We seek friendship not enmity, togetherness
not apartness, good
understanding not division," President Mugabe said at
Heroes Acre. "But no
sooner had we started the re-engagement than we
realised that the EU is far
from being sincere, as the bloc keeps shifting
goalposts."
Can someone tell the President that the EU and other Western
countries can
embrace him only if he demonstrates his genuineness in
implementing the
Global Political Agreement. If he could for example rein-in
his party's "mad
dogs" that go threatening to kill people at every
opportunity.
When rogue elements go about threatening other partners in the
inclusive
government and when a national broadcaster, the Zimbabwe
Broadcasting
Corporation, continues to defy the inclusive cabinet by playing
propaganda
jingles that makes a mockery of the GPA then sincerity may remain
difficult
to cultivate by the other parties.
South African President
Jacob Zuma must have drawn comfort from the numbers
after a close associate
of Swaziland's King Mswati, former Justice minister
Ndumiso Mamba was caught
holed up in a hotel room by state security agents.
Apparently, the former
minister burrowed into the base of a bed and slid in
after security agents
stormed the Royal Villas, a luxury hotel owned by the
polygamous 42-year-old
King, about 10km west of his Lozitha Palace. Mamba
had been having a nice
time with King Mswati III's 12th wife, Queen Nothando
Dube. The red-faced
childhood friend of the King was ordered out, head
first, by the security
agents who are believed to have been investigating
his sex trysts with the
12th of the King's 14 wives.
Mamba was immediately arrested and faces the
odd-sounding charge of
"trespassing into another man's home". He is expected
to be finally exiled
from Swaziland. It has been claimed that Dube wore an
elaborate disguise so
she could enjoy clandestine meetings with Mamba, who
is married. The queen
is said to have dressed in military fatigues to leave
the royal palace
without arousing suspicion. Zuma must have been comforted
by the knowledge
that his wife, Nompumelelo, was not the only one straying
from the
polygamous matrimonial bed. Zuma's 35-year-old second wife also
allegedly
frolicked with a bodyguard earlier this year, much to the distress
of
Msholozi.
Just why does poor old Tafataona Mahoso think diplomats
should take insults
from President Mugabe lying down?
He has taken issue
with US ambassador Charles Ray for leading "a bunch of
clueless Caucasian
representatives of Greece, Germany and the European Union
out of the
national shrine before the end of proceedings".
Mahoso said the walkout was
supposed to be a public demonstration against
the speech of President
Mugabe, the main bereaved relative of the deceased.
Does Mahoso not remember
Zanu PF MPs walking out of parliament protesting
against criticisms against
the Dear Leader?
The Zanu PF MPs stormed out of parliament after an MP from
the MDC-T said
the 1980s Gukurahundi killings in the Matabeleland region
should be
investigated along with the June 2008 election violence.
Why
does Mahoso think it is good for Zanu PF MPs to walk out of parliament
in
protest when they feel angered but at the same time diplomats should
withstand insults from President Mugabe?
Does he also need to be reminded
of our own diplomat in Ambassador's Charles
Ray's country who not only
walked out but shouted abuses at his hosts in the
process? We did not hear
of any summoning or demands of apology.
Can someone remind Mahoso that what
is good for the goose should be good for
the gander.
Who on earth was
responsible for the monumental snafu that Zimbabwe caused
world-wide by
staging a "drill" allegedly involving the terrorist
high-jacking of a Jumbo
jet, resulting in the putative death of several
innocent passengers and
serious injury to many more?
Reacting to statements from highly placed civil
servants who should have
known better, "news" of the alleged incident was
flashed around the world's
newspapers and electronic media networks,
resulting in mass panic among
relatives of folk flying into, out of or over
this country at about the
relevant time.
While we are sure "someone" has
already had clumsy knuckles well and truly
rapped over this appalling
incident, it may well spoil that person's
breakfast to learn that at least
one New York-based-based news agency which
chartered a flight from Lanseria
to Charles Prince to cover the "carnage" is
almost certainly about to begin
litigation to recover R80 000 in charter
fees and insurance it committed
itself to after a local Civil Aviation
Authority spokesman mendaciously
confirmed there were wall-to-wall bodies,
blood running and unmitigated
chaos at Harare Airport following a "terrorist
atrocity".
Can we remind
those who apparently dreamt the whole thing up and rejoiced in
hogging the
limelight about the little boy who cried "Wolf"! just once too
often? And
why was the prisons service so prominently involved, anyway?
http://www.theindependent.co.zw/
Friday, 13 August 2010
17:56
PRESIDENT Robert Mugabe’s proposal on Monday at the National Heroes
Acre of
an amnesty on political crimes amounts to denying victims
justice.
Societies emerging from a history of political crimes and other
serious
human rights violations should instead seek to create a long-term
strategy
to ensure that the truth is told in public, justice is done and
that
reparations are paid to all the victims of abuses.
Perhaps Mugabe
needs to be told that amnesty on its own is a form of
injustice. However, in
situations where it cannot be avoided, it is
complemented with reparations
and closure. In this sense, truth, justice and
reparation are three aspects
of the struggle against the impunity called
amnesty.
By calling for
amnesty on those guilty of political violence, Mugabe is
subordinating
justice to political self-interest, thereby shielding criminal
elements who
perpetrated violence both on his behalf and as non-state actors
sympathetic
to Zanu PF.
Justice cannot be politicised because calls for justice are calls
for
recognition of the mis-recognised. There can never be any
reconciliation
without accountability. Amnesty is problematic because it
promotes impunity.
The political violence Zimbabweans encountered during the
run-up to the
country’s 2008 elections and going back to the Gukurahundi
massacres calls
for socio-political reform of the former British
colony.
Principle VII of the Basic Principles and Guidelines on the Right to
a
Remedy and Reparation for Victims of Gross Violations of International
Human
Rights Law and Serious Violations of International Humanitarian Law
explains: “Remedies for gross violations of international human rights law
and serious violations of international humanitarian law include the
victim’s
right to the following as provided for under international law: (a)
Equal
and effective access to justice; (b) Adequate, effective and prompt
reparation for harm suffered; and (c) Access to relevant information
concerning violations and reparation mechanisms.”
Mugabe’s proposal to
forgive political offenders is an attempt for himself
and his allies to
avoid punishment for past political violence crimes that
have blighted
Zimbabwe since he took office in 1980.
Politically sanctioned-violence in
Zimbabwe is well documented, including
the harassment of MDC members and the
thorough beating up of Morgan
Tsvangirai by the police.
Those who
supported the MDC have borne the brunt of organised
state-sanctioned
political violence since 2000 with several hundreds killed
while many more
have been displaced by war veterans and youth militia.
The Fifth Brigade
which left 20 000 civilians dead in Matabeleland and
Midlands areas
allegedly reported to Mugabe — as commander-in chief of the
Defence
Forces.
The application of international law on the Fifth Brigade massacres
is
clear –– when there are problems in a particular area of the country and
you
send an army, and that army happens to target civilians –– the regime
responsible for the army has committed crimes against humanity which is
prosecutable (Geneva Convention of 1948, Additional Article of 1977).
The
Fifth Brigade deployed to Matabeleland to hunt down dissidents targeted
civilians. Perhaps the most traumatising pain among victims and survivors of
this “moment of madness” is that no single person has been prosecuted and
some of the officers who commanded Fifth Brigade are now seniors in the
Zimbabwe National Army.
Apart from the Fifth Brigade crimes, there was
the murder of Captain Edwin
Nleya in Hwange, the Rashiwe Ghuzha saga, the
missing MDC activist Patrick
Nabanyama, the murder of Tsvangirai’s aide
Tichaona Chiminya and many more
others who lost their lives. Some of the
people were tortured and left
disabled. There is no doubt Zimbabwe is a
traumatised nation. Nevertheless,
there is no doubt that Mugabe is aware of
the future ramifications of this
kind of actions –– hence he wants amnesty
for political crimes without
justice for victims.
Without justice, there
can never be reconciliation, hence the idea of
amnesty is a mockery to
victims’ right to demand accountability and
reparations. It is of paramount
importance that past human rights violations
are discussed and justice is
done, and that reparations are provided to all
the victims instead of
Mugabe’s proposed amnesty.
Instead, Mugabe should lobby for the placation of
the victims in line with
international human rights law. He should ensure
that serious violations of
international humanitarian law victims are
provided with full and effective
reparation in its five forms: restitution,
compensation, rehabilitation,
satisfaction and guarantees of
non-repetition.
This can be done through legislative, institutional and other
reforms which
must be passed to address the causes of the human rights
violations. This
should include reforming Zimbabwe’s judicial system to
ensure that it fully
complies with international law.
I have perused
through books on transitional and troubled nations and failed
to come up
with cases where such a scrappy amnesty policy ever worked.
Instead, what
Mugabe is doing amounts to aggravating the scars created by
his
regime.
The Zimbabwean president’s amnesty proposal is both illegal in terms
of
international law, and immoral.
This reminds me of what ill-fated
Chile’s Augusto Pinochet of Chile did. He
signed amnesty into law to cover
up for his political crimes before stepping
down as the country’s supreme
leader — but that amnesty was only in force
for a few years before the new
government overturned it. The victims sought
to confront Pinochet over his
years of brutality as leader of the South
American nation.
In a perfect
world, if Mugabe has nothing to fear, he should institute
thorough
investigations into allegations of human rights violations which
must be
undertaken by independent and impartial institutions, which must be
granted
the necessary authority and resources for their task.
The results of such
investigations should be made public to provide a full
account of the facts
to the victims, their relatives and society as a whole.
* Admore
Tshuma is a Zimbabwean journalist researching for a Phd in
the United
Kingdom and specialises in poverty and social justice in
transitional
nations. Email: atshuma@hotmail.com
This e-mail address is
being protected from spambots. You need JavaScript
enabled to view it .
By Admore Tshuma
http://www.theindependent.co.zw/
Friday, 13 August 2010 17:51
ZIMBABWE
this week started selling the controversial Chiadzwa diamonds after
meeting
the minimum requirements of the Kimberley Process Certification
Scheme
(KPCS). On the first day of sales on Wednesday about 900 000 carats
were
sold for nearly US$72 million.
This was a major development in a country
which is basically bankrupt. The
country needs every cent it can
legitimately gather from everywhere. There
are so many issues confronting
government and the country which need to be
addressed money-wise. The
proceeds from diamonds for that reason come in
handy.
However, there is a
critical need for sustained transparency and
accountability in the way the
diamonds are sold and the money is used. We
know there are some greedy
vultures hovering over the Chiadzwa diamond
fields and the Treasury, ready
to pounce on national resources for
self-aggrandisement. There is no doubt
that the Chiadzwa diamonds have
previously been looted by those who have
been minting in that area. The
money was salted away to offshore accounts
and part of it used to buy
expensive cars and build mansions. But we now
need to open a new page of
transparency and accountability. We need to
ensure the money obtained from
the diamonds is put to good use. All the
money must go to Treasury and be
accounted for from that end. There should
be no parallel process of selling
and accounting for diamond
proceeds.
Once the money is in Treasury, it must be used strategically. It is
one
thing to have money and quite another to know how to use it. We know
this
from our experiences as individuals and from the way our government has
behaved over the years. The temptation in official circles has always been
to squander such public funds in buying posh cars and funding endless and
mostly useless trips abroad. This deplorable way of using public resources
in the midst of poverty and suffering must not be allowed to
continue.
Public officials must know and remember that they are there to
render public
service and not steal from the people. Anybody found with
their fingers in
the government till must be severely punished. In fact,
public officials who
amass wealth which they cannot justify must be held to
account. In other
words, corruption must be dealt with. Most public
officials - including
ministers - are clearly living beyond their means.
They cannot be able to
account for their wealth and yet they are allowed to
continue business as
usual. We have persistent reports that some ministers
associated with
diamond mining have been on a buying spree. This is what
needs to be dealt
with. Public officials, including ministers, should not be
allowed to be
corrupt and flaunt their ill-gotten riches. That encourages
corruption to go
unchecked everywhere and the damage of that to all facets
of society and the
economy is serious.
As we sell the Chiadzwa diamonds
there is a need for government to draw a
priority list of issues which need
to be addressed using these and other
public funds. The days of just dipping
into Treasury to fund government's
wasteful expenditures and other
superfluous requirements must be put behind
us. We need a responsible and
effective government.
Some of the most critical areas which the government
must attend to using
the diamonds funds include education, health, water,
electricity, roads and
infrastructure. The money may not be enough but some
of these things don't
need too much funding. They need vision, planning and
commitment.
With the inflows from diamonds and other minerals, Zimbabwe
should be able
to slowly but surely move out of the economic rut which
President Robert
Mugabe and his failed previous regime had dug for the
country.
This country is rich. It has more than 40 different minerals
(including
gold, platinum, chrome and, of course, diamonds), fertile
agricultural
lands, technology and human capital. So what is lacking? Why is
the country
so poor and struggling to barely feed itself?
The answer is
clear. Just about everybody knows, except perhaps those who
are in denial
either because they are the causes or part of the problem. We
have a crisis
of leadership and governance.
http://www.theindependent.co.zw/
Friday, 13 August 2010
17:50
LAST week's confirmation that ministers who leak cabinet
deliberations to
the media face arrest together with the offending
journalists under the
Official Secrets Act, a colonial relic, reopened
debate on what constitutes
public information.
The Official Secrets Act,
promulgated in 1970, prohibits the disclosure of
any information to an
enemy, which prejudices the security and interests of
Zimbabwe.
It is
obvious that any state has a right to protect its interests and ensure
safety of its citizens, but this
should not be used as a thick wall
against public scrutiny.
What worries any serious observer is that there
seems to be a tendency in
Zimbabwe to promulgate laws which on paper may
appear innocent, but the
application proves to be a weapon used to trample
the rights of the citizens
who are supposed to be protected by the same
legislation.
This is the same with the Official Secrets Act in Zimbabwe as
there is no
clear distinction between what constitutes a state secret and
which
information is in the public interest.
A journalist reporting on
cabinet deliberations on, say a tender
inappropriately awarded, faces a
20-year jail term together with the source
of the information.
There is
no threat to the country's security or national interest in
reporting on
corruption, but because the law says the mere accessing of such
information
is illegal makes the moral burden to expose such delinquency
impossible to
ease.
It is thus important, in this information age, to strike a balance
between
what constitutes state secrets, prejudicial to the interests and
security of
the country and what the public should know.
The tragedy of
Zimbabwe is that the authorities thrive on manipulating an
information poor
citizenry to avoid accountability, openness and
responsiveness. This is one
of the widest gaps in the country's policy
cycles as the public may not be
aware of which policy has been debated and
which has been thrown out so that
they input on policy issues.
Zimbabweans may not be interested in knowing
state secrets like which
weapons and arms the country needs, but they would
definitely want to know
which company is providing the ammunition and for
how much as it is paid for
by the tax payers.
National security could be
compromised through leaks, but plugging these
holes is a delicate matter
requiring a sober approach, not the knee-jerk
response we have seen in
Zimbabwe and it appears the country's southern
neighbours are learning the
same emotional approach.
A Protection of Information Bill was recently
introduced in the South
African Parliament and it deals with the same issue
of classification of
information.
This Bill seeks to protect government
information from enemies, but it has
been criticised as being very wide in
definition to the extent of shielding
the public eye from looking into the
operations of parastatals and how
tenders are awarded.
Critics have also
pointed out that South Africa, like Zimbabwe when it
introduced the Access
to Information and Protection of Privacy Act in 2002,
is going where others
are coming from as it would withhold information from
the
public.
Parallels were drawn with the United States Executive order which
seeks to
serve the same functions as the proposed law in SA, but is clear on
issues
including what constitutes national security.
In the US,
information is classified by the National Archives while in SA,
the
intelligence service is expected to do it. In Zimbabwe any cabinet
deliberations automatically qualify to be official secrets.
http://www1.voanews.com/
The parliamentary select committee for constitutional revision
postponed
outreach meetings in Harare and Bulawayo soon after the outreach
process
rolled out in mid-June most provinces, charging that rigging had
been
planned
Patience Rusere and Mark Peter Nthambe | Washington DC
13 August 2010
With Zimbabwe's constitutional revision outreach
process in its ninth week,
the parliamentary officials in charge of the
exercise have still not
scheduled outreach meetings in Harare, the capital,
and second city
Bulawayo.
Queried about the outreach schedule for the
major cities, Zimbabwean
Constitutional Affairs Minister Eric Matinenga said
dates will be set before
much more time has elapsed, but declined to
elaborate on why the decision
has been delayed. He said there is no reason
for concern as there is plenty
of time left in the overall
schedule.
Matinenga said meetings would begin in Harare and Bulawayo late
this month
or early next.
The parliamentary select committee for
constitutional revision postponed
outreach meetings in Harare and Bulawayo
soon after the outreach process
rolled out in mid-June most provinces,
saying it had learned that certain
people intended to pack outreach meetings
in order to dominate them. The
World Cup was also a
distraction.
Matinenga told VOA Studio 7 reporter Patience Rusere that
the outreach
process is now running smoothly and that about one third of
meetings have
been held on a national basis.
Reports continue to
emerge of intimidation in the outreach process.
Resident Newman Hungwe of
Chegutu, Mashonaland West province, said pressure
on the public by war
veterans and soldiers has increased in recent weeks
with residents being
forced to rehearse responses before meetings.
Similar reports came from
sources in Mashonaland Central, Mashonaland East,
Manicaland and
Masvingo.
Hungwe told VOA that land ownership is prominent among the
issues being
promoted by war veterans.
Elsewhere, the Youth Agenda
Trust, a non-governmental organization, said the
Zimbabwe Broadcasting
Corporation is refusing to run advertisements intended
to encourage
participation by youths in the constitutional revision process.
Correspondent Mark Peter Nthambe reported from Harare on the controversy.
http://www1.voanews.com
Former Zimbabwe Allied Banking Group economist David Mpamhadze said
the
three restored institutions face challenges in raising sufficient
capital to
resume operations, issuance of the licenses will boost the
broader sector
Gibbs Dube | Washington 13 August
2010
Zimbabwean Finance Minister Tendai Biti has ordered the Reserve
Bank of
Zimbabwe to issue new licenses to three banks that the monetary
authority
shut down in 2005.
News reports quoted Biti as saying the
government and Reserve Bank have
agreed on the licenses for Trust Holdings
Limited, Royal Bank and Barbican
Bank. The three were placed under
curatorship then merged to form the
Zimbabwe Allied Banking Group. The
central bank said it was moving to
protect depositors and the financial
system.
Zimbabwe Allied Banking Group former chief economist David
Mpamhadze said
that although the three institutions face challenges in
raising sufficient
capital to resume operations, issuance of the licenses
will boost the
broader sector.
Mpamhadze told VOA Studio 7 reporter
Gibbs Dube that the central bank faces
a difficult task in reallocating
assets among the three restored financial
institutions. "There is need to
share the [Zimbabwe Allied Banking Group]
assets among all the three banks
and obviously this is going to be a serious
challenge to the
RBZ."
Harare-based economist John Robertson said the financial sector is
not ready
for new banks as most institutions are currently struggling to
meet minimum
capital requirements.
The founders of Royal and Trust
banks could not be reached for comment, but
industry sources said they were
already seeking local and international
partners as they expect to be
relicensed within the next few weeks.
FROM THE
Media Release
The most prominent Swazi
pro-democracy activist in the UK, Thobile Gwebu, has been detained by the UK
immigration authorities and is due to be deported as a failed asylum seeker on
Tuesday 17th August at 20.30.( She is to be flown to
Thobile is the co-ordinator of the Swaziland Vigil which has been campaigning every
Saturday for human rights outside the Swaziland High Commission in
http://www.asc.org.za/news_iloquestions_putswazieliteindock(2010-06-10).html,
"This is a full
implementation of the king's order to kill pro democracy activists".
The Zimbabwe Vigil strongly believes
that Thobile will be at considerable risk if returned to
Virgin Atlantic contact details:
·
Flight
Information: 0844 209 7770 (Open 24 hours/day)
·
Head
Office: 0844
811 0000
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Advanced
Passenger Information: 0844 209 8703
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customer.services@fly.virgin.com)
Email: jag@mango.zw; justiceforagriculture@zol.co.zw
Please
send any material for publication in the Open Letter Forum to
jag@mango JAG OPEN LETTER FORUM - No..zw with "For
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=================================================
1.
Cathy Buckle - The Real Heroes
2. J.L Robinson - Tenure
3.
Angelica - Opinion
4. J.L. Robinson - Diamond Sales
5. LoveZim
Prayer Day: 26 September
2010
=================================================
1. Cathy
Buckle - The Real Heroes
Dear Jag
As Zimbabwe commemorates Heroes
Day, the official remembrance is again
dominated by Zanu PF individuals.
Every day we are bombarded with Zanu PF
propaganda on the country's only
television channel: big breasted, big
bottomed women wriggling their bodies,
waving their fists and singing
endless refrains in praise of Zanu PF. We hear
nothing of heroes from
other political parties; nothing of the thousands who
have died in the
last decade in the struggle for good governance, democracy
and new
leadership in our country. We hear nothing of the ordinary
Zimbabweans
who are the real heroes in 2010. This letter is for them, heroes
of the
last decade.
The heroes are mothers and grandmothers who
managed to keep homes
together and families alive when shops were empty and
there was no food
to buy. Women who went to bed hungry, made meals from
nothing and kept
hope alive.
The heroes are our children who lost
their childhood in the mayhem of ten
years of political violence. Children
who watched their families being
torn apart as parents, siblings, aunts and
uncles fled to the Diaspora to
escape and to survive. Children who sat
helpless, hopeless outside closed
schools. Children who lost ten years of
education and as a result are
without qualifications and jobs.
The
heroes are people in rural villages who have borne the brunt of
political
intimidation, harassment and violence. Knowing their every move
is watched
and recorded. Knowing that if their name is not on the "good"
list of the
village leaders they will not get food, seed, fertilizer.
People who continue
to endure the most primitive of conditions in homes
which are still without
piped water, plumbing or electricity 30 years
after Independence.
The
heroes are the professionals: doctors, nurses, teachers, and so many
more who
have held their heads high, worked in the most appalling
circumstances for
miniscule wages, determined to keep giving of their
skills which have held
Zimbabwe together.
The heroes are the ordinary workers who have toiled
for the smallest of
wages, wearing threadbare clothes, walking miles to work,
struggling
through endless power cuts, going for days, weeks and months
without
water and coping with years of not having garbage
collected.
The heroes are the activists who have lost everything, and
given
everything, to bring freedom for us all. Activists who are not in
this
massive government we are groaning under; activists who are not
driving
government cars and earning government allowances but ordinary men
and
women who are brave, determined, driven.
The heroes are the
countless men and women who have worked tirelessly
from outside our borders.
People who have given 10 years of their lives
to exposing events in Zimbabwe,
speaking out, lobbying governments,
raising money for people in trouble,
giving support, encouragement and
hope.
Happy Heroes Day to all of us,
whatever our race, colour, creed or
political persuasion.
Until next
time, thanks for reading, love
Cathy.
-------------------------------------------------------------------------------
2.
J.L Robinson - Tenure
Dear Jag
I think we need to ask Jag, CFU,
ARAC, SACFA and the SADC Tribunal a
simple question.
Who is regulatory
body of tenure of land in Zimbabwe?
Will we get five different
answers?
I do believe that the correct answer to this question will be a
corner
stone of the future - a start at least.
The slightly below
performance of Zimbabwe in the last ten years -
politically, agriculturally,
socially, economically, legally, in commerce
and industry and even in
education - have generally been blamed on
sanctions and the drought.
A
Mr. Hasluck once blamed the British government for it all.
But are travel
bans, the British government and a ten year drought -
factual dynamics of a
ten year decline?
I thought that Kariba was spilling higher than
ever?
Zimbabwe and the UK both have new governments?
How do travel
bans affect the Zimbabwean economy?
J.L.
Robinson.
-------------------------------------------------------------------------------
3.
Angelica - Opinion
Just to respond to the letter from Willie Robison to
Monty Hunter I think
that all is said and done when remembering Martin Luther
King in his
words
COWARDICE asks, is it safe ?
EXPEDIENCY asks,
is it political ?
VANITY asks, is it popular ?
BUT CONSCIENCE
asks, IS IT RIGHT ?
Martin Luther King
Alut
continua
Angie
-------------------------------------------------------------------------------
4.
J.L. Robinson - Diamond Sales
Dear Jag
I have little doubt that
the US$ 1.7 billion potential being bandied
around for the proposed sale of
Zimbabwe's diamonds will be dreamt
about, "allocated" or "budget spent" a
thousand times over by every
politician imaginable. No politician is likely
to want to shun such
an opportunity to do what they believe is "the right
thing" - whatever
their motives might be!
However, this sale does
create more questions - not just solutions.
Who drives the Kimberly
Process?
To the principals of this KP - and to Mugabe's entire
cabinet
- we ask - how many people have died at the diamond
mines?
How did they die?
Who are the legal owners of the
Mine?
J.L.
Robinson
-------------------------------------------------------------------------------
5.
LoveZim Prayer Day: 26 September 2010
Please support this amazing
initiative.
Join us in a daring initiative to invite hundreds of
thousands of people
around the world to pray and fast for Zimbabwe on Sunday
26 September
2010. This prayer day coincides with gatherings of what we pray
will be
hundreds of thousands of people in Zimbabwe for corporate
gatherings.
These people will come together as a result of a programme called
Trumpet
Call, which is a partnership between The Evangelical Fellowship
of
Zimbabwe and Foundations for Farming, which aims to equip the Church
to
feed Zimbabwe and set her on her feet for recovery. Join us now
by
signing up on our website at http://www.lovezim.org
Zimbabwe
Zimbabwe
is at a crossroads! A beautiful nation with great potential and
many
God-given promises, yet a nation still struggling for justice and
peace and
where the poor continue to suffer.
The call is ringing out to return to God,
unite and help the rural poor
by training them to farm in a profitable and
sustainable way.
The Church in Zimbabwe is awakening and is on the verge
of being used by
God to transform this awesome nation, creating godly
discipleship models
in all sectors of the national economy, beginning with
faithful
stewardship of the land that God has given.
Join us to
Pray
Please consider joining the *LoveZim International Prayer Day - we
are
inviting people all around the world to support Christians in Zimbabwe
by
standing with them in prayer on 26th September 2010.
The LoveZim
International Prayer Day is supported by: African Enterprise,
CZCLUK,
Evangelical Alliance UK, Global Connections, Global Day of
Prayer,
Newfrontiers, Samaritan's Purse, The Peace Alliance, Tearfund,
The Global
Native, and many others.
Share the News
Our goal is to reach every
Zimbabwean not currently living in Zimbabwe as
well as thousands of other
believers around the world who we hope will be
willing to join us in
prayer.
Please forward this email to at least 20 friends or contacts who
you
think might be willing to join you in praying.
What else can you
do?
You can show your support and find out more by signing up at
www.lovezim.org
Find us on
Facebook.
Follow us on Twitter.
With love
The LoveZim International
Prayer Day Team
*In signing up to the LoveZim International Prayer Day,
you will be
supporting Trumpet Call for Transformation, a partnership between
The
Evangelical Fellowship of Zimbabwe and Foundations for Farming,
which
aims to equip the Church with agricultural skills in order to
feed
Zimbabwe and set her on her feet for
recovery.
=================================================
All
letters published on the open Letter Forum are the views and opinions
of the
submitters, and do not represent the official viewpoint of Justice
for
Agriculture.
http://www.huffingtonpost.com
Michal
Shapiro
Musician, world music journalist and record producer
Posted:
August 13, 2010 04:38 PM
Amidst all the negative things we hear about the
government of Zimbabwe, it
is easy to lose sight of the magnificent culture
of the country. One of its
jewels is the music of the mbira, an instrument
that has been used for
thousands of years for spiritual practice as well as
for purely musical
gatherings. It is through the mbira that that the
ancestors are called upon
to intercede for the supplicant. But more than
this, the music enables the
player and the listener to achieve a
transcendental state. What is also
remarkable is that this ancient
instrument and its music are still capable
of being modified and played in
new ways.
In the "grand right and left" that is networking in NYC, I
found a visiting
musician who is innovating in exactly this way. When I
interviewed Nora
Balaban who studied mbira in Zimbabwe, she told me of a
master player named
Garikayi Tirikoti who was living only a few city blocks
from me. And one day
she showed up at my door with him. He had brought a
rucksack of mbiras, a
deze (a large gourd studded with bottle caps, to
amplify and distort the
sound) and some shakers (hosho). He sat down on my
floor and immediately set
about educating me in mbira lore.
I have to
say that being in the same room with a master of Garakayi's
caliber,
listening to the mbira is pretty intense. It's not hard to imagine
how
meditative a state this music can put one in. At the same time, it has a
minimalist feel to it, with its various repeated musical modules, and every
now and then I thought of the music of Philip Glass. (I wonder if he ever
listens to mbira music...) I also loved Garakayi's voice -- it has a
wonderful mellow lilt to it, when he sings and when he speaks. Garakayi is
in Zimbabwe now, but he is returning, and he wants to put together a 28
piece mbira orchestra. New York, get ready!