War vets besiege Biti’s office – again

http://www.swradioafrica.com

By Lance Guma
31 July 2012

A week after civil servants petitioned Finance Minister Tendai Biti
demanding wage increases, a rowdy group of war vets aligned to ZANU PF
besieged his offices in Harare on Monday, threatening to close down the
ministry.

The war vets and other civil servants are demanding a minimum salary of $564
and 15 percent of the basic salary as a rural allowance. The rowdy group who
went to Biti’s office accused him of failing to look after the welfare of
civil servants.

A report by the Daily News paper says at one point the group “threatened to
beat up journalists” covering the drama. “He wants civil servants to quit
jobs and be helpless. He wants to run down the economy. He is increasing
fuel rates and food prices but he does not know that we liberated this
country,” one war vet said.

Charles Mpofu from the War Veterans of Zimbabwe Harare Province is quoted as
saying: “I have talked to Biti and agreed that he look at our complaints and
respond within five days but if he does not respond this time we are going
to close his ministry. We want him to look at the pensions and salaries of
every civil servant.”

Last week Biti told Senators in Parliament that next time civil servants
stage a demonstration against government for better pay, he would join them.
Biti said he wanted better pay for civil servants but “the problem is that
73 percent of the budget is going towards 235,000 people, leaving only 27
percent for 14 million.”

Biti said: “Next time they demonstrate, I am going to join them so that we
can go together to the Ministry of Mines to bring money for diamonds and
also to the Ministry of Defence to ask why they are over-employing.” This
was in reference to Anjin, an army/Chinese controlled diamond firm, that has
failed to remit any money to Treasury. The Ministry of Defence has also been
going ahead recruiting for the army, despite there being no government
agreement on this.

Meanwhile it’s not the first time war vets and ZANU PF militia have besieged
Biti’s office. Following a bust up between Biti and Mugabe in a meeting last
year, a petrol bomb was thrown at the durawall of his house and ZANU PF has
sponsored many other demonstrations at his office.

Zuma’s mediation role dismissed as “irrelevant”

http://www.swradioafrica.com

By Tererai Karimakwenda
31 July, 2012

The regionally appointed mediator on the Zimbabwe crisis, South Africa’s
President Jacob Zuma, has not played much of a role lately in helping to
resolve the political problems faced by the inclusive government.

A political analyst has said Zuma’s extended absence from Harare has clearly
shown that negotiations can continue without him.

Zuma has not travelled to Harare for several months while the parties
struggled to complete a draft of the Constitution that will eventually be
voted on in a referendum, the next step according to the SADC negotiated
Global Political Agreement (GPA).

Commentator Lameck Mahachi said the South African president has become
“irrelevant” in the Zimbabwean context and we should consider alternative
institutions to assist in resolving the crisis.

“Zuma has not been in the picture for a long time and negotiations went on
without his participation. Maybe the African Union or the United Nations
would be more helpful. It is disappointing because we thought he would be
the one to move things forward,” Mahachi told SW Radio Africa.

Regional leaders are due to meet at the next ordinary SADC Summit, scheduled
to take place in Maputo on August 17th and 18th. And President Zuma is
expected to report on the progress made towards completing Zimbabwe’s new
constitution and on the implementation of SADC’s Roadmap to Elections.

But Mahachi said not much progress has been made in terms of democratic
reforms and Zuma will most likely point to the Constitutional reform process
as a success. “Nothing tangible has changed and the SADC team that was to
help implement the GPA has not been heard from,” Mahachi explained.

SADC executive secretary Tomaz Salomão had been expected to visit Harare
before the coming SADC Summit to assess the political situation and progress
in the implemention of the GPA. It is not clear whether the visit is still
in the cards.

Water rationing leads to burst pipes in Bulawayo

http://www.swradioafrica.com

By Tichaona Sibanda
31 July 2012

Bulawayo City Council (BCC) has lost even more water that it was trying to
conserve, because of pipes that have been bursting.

Authorities were forced to declare a water emergency as lower-than-usual
rainfall continues to plague the country’s second largest city. On Friday
last week the water rationing began.

The city’s main dams and reservoirs are close to empty after going for two
seasons without sufficient rainfalls. Bulawayo gets its water from Insiza,
Inyankuni, Lower Ncema and Umzingwane dams.

Fearful of the critical water situation, the BCC decided to impose water
rationing that would see residents going for a day without water, twice a
week.

But our Bulawayo correspondent Lionel Saungweme told us that as a result of
water being supplied on alternate days, air pressure is building up inside
the ageing pipes, causing them to burst.

‘A water engineer from the BCC told me that the old pipes are vulnerable as
a result of corrosion, and they face strain under the extreme pressure
fluctuations as they shut down water supplies to many parts of the city.

‘This has created leakages and burst pipes, many of which are not being
attended to because residents are not reporting them or the BCC has no spare
pipes to replace the broken ones,’ Saungweme said.

Diamond Giant Anjin Investments Suspends 1,500 Zimbabwean Workers

http://www.voanews.com

30 July 2012

Gibbs Dube | Washington

More than 1,500 workers of Anjin Investments, a Chinese company mining
diamonds in Zimbabwe’s Manicaland Province, have received letters of
suspension for engaging in a crippling strike demanding higher salaries and
improved working conditions.

Members of the workers’ committee told VOA Studio 7 Monday they are being
punished for demanding at least $650 for the lowest paid worker instead of
the paltry $235 they are currently getting a month.

They said Anjin, one of the largest diamond companies operating in Marange,
wants to fire 500 employees after dismissing seven members of the workers’
committee recently for being part of the industrial action.

Some of the male workers, the workers claimed, have been sodomized by three
managers who have since written an apology to the workers’ committee.

“We were told that these managers will be deported but apparently sodomy
cases are on the rise while these top managers are still at work,” said one
of the workers.

Another employee who refused to be named, said a recent High Court ruling
that said the strike was illegal has worsened their plight.

There was no immediate comment from Anjin Investments management which
recently applied to government for permission to operate domestic flights in
Zimbabwe.

The company, with extensive ties to the country’s military, is being accused
by treasury of failing to adequately account for Marange diamond proceeds.

Anjin is claiming that it has remitted $30 million in diamond taxes to the
government since last September.

A recent report by Global Witness alleges that the company has strong ties
with the military with half of its shares held by Zimbabwean military lawyer
Brigadier-General Charles Tarumbwa.

Zimbabwe thief 'begs to be jailed for life'

(AFP) – 9 hours ago

HARARE — Zimbabwe's prisons are often condemned for squalid overcrowding but
a thief begged a magistrate to lock him up permanently, saying life was
better behind bars, state media reported Tuesday.

Repeat offender Lovemore Manyika, 22, pleaded for life imprisonment in a
note during mitigation after he was convicted for housebreaking.

"Life in prison is better than life in the streets," Manyika is reported to
have said in his note which was read out by the state prosecutor, according
to The Herald newspaper.

"May I have life in prison."

But the court sentenced Manyika to three years in jail.

Prosecutors said Manyika scaled a security wall at a block of flats in July
before entering an apartment through a toilet window and stealing various
electrical gadgets, two Apple iPhones and $1,800 (1,467 euros) cash.

The magistrate suspended six months of Manyika's sentence on condition that
he pays back $1,956, the paper said.

Zimbabwe's prisons have been condemned by rights activists as unfit for
human habitation and inmates often suffer from communicable diseases while
food is in short supply.

Poison delivered for water treatment

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

Tuesday, 31 July 2012 00:00

Michael Chideme Municipal Reporter
An alert truck driver sent to deliver 19 tonnes of poisonous sodium cyanide
to Harare’s main waterworks averted disaster last Wednesday when he raised
alarm just when he was about to offload the chemical.

The driver told workers at Morton Jaffray Water Treatment Plant that he
suspected he was carrying a poisonous chemical.

The workers were preparing to offload the chemical into drums, which they
would have used to “treat” water for consumption by Harare residents.
They were expecting to receive liquid aluminum sulphate water treatment
chemical on the day.

Sources said there was a mix up, resulting in the driver with the truck
loaded with sodium cyanide being sent to deliver the chemical to the water
treatment plant.

The workers at the plant informed town clerk Dr Tendai Mahachi after being
alerted by the driver.
Dr Mahachi directed that the consignment be returned to Bak Storage.

Sources close to the matter said over 19 tonnes of the deadly chemical were
being delivered through a local delivery company (name supplied).
Local Government, Rural and Urban Development Minister Ignatius Chombo
yesterday said he had received a report on the matter from Dr Mahachi.
“I am still studying the report. I will only be able to give a full report
when I have done the necessary investigations,” he said.

Dr Mahachi declined to comment and referred all questions to Minister
Chombo.
“We have given a report to the minister,” he said.
City officials confirmed they had refused to take in the huge consignment,
which was received through Bak Storage.

Last week, the city water supply situation was depressed with very few
suburbs accessing water.
City officials blamed the shortages on the heavy pollution of Lake Manyame.
According to the Centre for Disease Control and Prevention website, cyanide
is a rapidly acting, potentially deadly chemical that can exist in various
forms, which can be a colourless gas, such as hydrogen cyanide (HCN) or
cyanogen chloride (CNCl), or a crystal form such as sodium cyanide (NaCN) or
potassium cyanide (KCN).

Hydrogen cyanide, under the name Zyklon B, is a fatal chemical that was once
used as a genocidal agent by the Germans during World War II.
In manufacturing, cyanide is used to make paper, textiles and plastics and
is present in the chemicals used to develop photographs.
Cyanide salts are used in metallurgy for electroplating, metal cleaning, and
removing gold from its ore.

Cyanide gas is used to exterminate pests and vermin in ships and buildings.
People can be exposed to cyanide through breathing air, drinking water,
eating food, or touching soil that contains its particles.
The extent of poisoning depends on the amount of cyanide a person is exposed
to, route of exposure and length of exposure.

Inhaling the gas causes the most harm but ingesting it can be toxic as well.
It prevents the cells of the body from using oxygen and is more harmful to
the heart and brain.
There are reports that some poachers use cyanide to kill elephants and
rhinoceros. They put the chemicals in major drinking points and later come
and remove horns when the animals eventually die.

Zim: Foreign media must register or else...

http://www.news24.com

2012-07-31 11:48

Cape Town - Foreign media houses have started registering with the Zimbabwe
Media Commission (ZMC) following a warning that they will be barred from
circulating publications in that country if they do not register, a report
said on Tuesday.

The state-owned Herald online said the foreign media houses were also
ordered to have their locally based journalists accredited with the ZMC.

"Some of the publications are in the process of registering with the ZMC and
those who fail to comply with the requirement will be barred from entering
the country," said ZMC chairperson Godfrey Majonga, adding the commission
had the overall mandate of the media in Zimbabwe.

"If a publication fails to comply with the requirements of the law, then
that publication will be banned," he said.

"The Commission works in liaison with other government departments, so it
would not be difficult to effect such a ban."

According to the report, the move by the ZMC comes in the wake of complaints
to the media watchdog by members of the public concerning some stories
carried by foreign publications.

Early this year the ZMC called for a ban on foreign newspapers that were not
registered to operate in the country.

The ZMC keeps a record of all registered mass media service providers and
the publications they circulate.

It also conducts on spot checks on a regular basis to ascertain if all
circulating publications are registered.

- News24

Mugabe ally trashes draft constitution

(AFP) – 1 hour ago

PRETORIA — An outspoken lawmaker from the party of Zimbabwe's longserving
ruler Robert Mugabe on Tuesday rejected a new draft constitution that would
rein in presidential powers as an attack on democracy.

"It strips the executive of all powers and leaves it as a clerical branch of
government," said Jonathan Moyo, a one-time spin doctor and former
information minister of Mugabe, who has led Zimbabwe since its 1980
independence from Britain.

"This draft is an attack, quite a serious attack on our sovereignty, quite a
serious attack on our democracy."

The document will go to a referendum vote, most likely in October, and is a
key reform demanded by regional mediators ahead of polls to end the uneasy
ruling coalition between Mugabe and Prime Minister Morgan Tsvangirai.

Speaking at a discussion forum organised by IDASA, a Pretoria-based African
democracy institute, Moyo said the ruling ZANU-PF had last week spent 18
hours combing through the document and was still discussing it.

The long delayed draft did not reflect the views expressed by ordinary
Zimbabweans during an outreach programme but was a compromise between the
main political parties, he said.

"If you ask what is it that is in the draft that raises problems, ... I am
tempted to say everything. But if I say that it has 18 chapters, but I can
tell you that each of the 18 chapters has a problem."

The draft plans to set down a presidential two-term limit of 10 years and
strip any immunity from prosecution after leaving office.

Mugabe's rule has been peppered with accusations of widespread right abuses.

The draft was finished this month by negotiators from the country's main
political parties and has already been disputed by some analysts.

Mugabe and Tsvangirai formed a coalition government in February 2009 after a
disputed presidential poll run-off in June 2008.

Moyo also criticised the regional bloc SADC for continuing to "poke its
nose" in the day-to-day running of the power-sharing government long after
it brokered the unity government.

He said former UN Secretary General Kofi Annan brokered a powersharing
arrangement in Kenya after disputed elections and "left the Kenyans to run
their government."

"They did not keep poking their nose into the goings on, on who's doing
what, who's saying what, who called who what name...who's behaving badly,
who's a good boy and who's a good girl."

He said the Southern African Development Community's interference had
resulted in a dysfunctional coalition government. SADC has given Zimbabwe
time until next June to hold the election.

"Instead of focusing on policy implementation, the (government) with the
active encouragement of SADC has been about endless negotiations ...(on an
already) agreed deal."

He said with less than a year before the elections, the government "has
nothing to show for its existence on the policy front."

Anglicans fear arrest in Zimbabwe

http://www.christiantoday.com/

Posted: Tuesday, July 31, 2012, 18:34 (BST)

Anglicans in Zimbabwe fear they will be arrested if they commemorate the
shrine of an Anglican missionary.

Worshippers in the Diocese of Masvingo gather each year to celebrate the
life and ministry of Arthur Shearly Cripps, who served in the country for 20
years with the Society for the Propogation of the Gospel. Cripps died in
1951.

Last year they were blocked from holding their celebrations at the Shearly
Cripps shrine by the excommunicated bishop, Dr Norbert Kunonga, after he
claimed authority over the site and 78 Anglican churches in Masvingo
Diocese.

According to the Bishop of Masvingo, the Rt Rev Godfrey Tawonezwi, the
police have labelled this year's planned gathering "illegal".

There are concerns that the pilgrims may be arrested if they go ahead with
their celebration at the shrine from 3 to 5 August.

Bishop Tawonezwi wrote in a letter to supporters that Kunonga had placed
posters up in Chivhu Town announcing that he would be going to Shearly
Cripps shrine on the same weekend as Masvingo Diocese had originally planned
to hold its gathering, from 27 to 29 July.

The bishop said the police had written to the diocese declaring all Anglican
Church property to be under the custodianship of Kunonga, a claim refuted by
the diocese.

Speaking of the 3 to 5 August celebrations, Bishop Tawonezwi said: "We do
not know what will happen because the police are insisting that our
gathering to celebrate Shearly Cripps day is illegal. We will wait and see
what will take place this coming weekend."

Earlier in the year, the diocese reported that Kunonga had forcibly taken
over the Darambombe Mission, with the support of police who threatened to
arrest anyone who entered the property.

"We, in the Diocese of Masvingo, are Zimbabweans but we are being harassed
by our own police," said Bishop Tawonezwi.

"It is very clear that the police in Chivhu where the shrine is situated
have taken sides in this matter. It is most unfortunate."

We are not striking: Apex

http://www.dailynews.co.zw

Written by Lloyd Mbiba, Staff Writer
Tuesday, 31 July 2012 12:46

HARARE - The Apex council, an umbrella body for civil servants says it does
not have intentions to go on a strike since it is busy putting its house in
order first before making any commitments regarding salary increases.

Apex Council leaders yesterday refuted report that they were planning to
embark on a strike when the schools open for the third term.

Sifiso Ndlovu, Zimbabwe Teachers Association chief executive said they do
not intend to go on strike but are concerned with putting their house in
order before they tackle the salary issue.

“I don’t know who told you anything about the strike because as Apex we don’t
have plans to go on strike. Why would we want to strike against Biti
(Tendai)? The problem is that our cause has been politicised and some people
are using us to score marks,” Ndlovu said.

“How do we go on strike when we have an in-house crisis? We want to solve
our problems first before we formulate our strategies,” he added.

Raymond Majongwe, secretary-general of Progressive Teachers Union of
Zimbabwe echoed the same sentiments as Ndlovu and refuted claims that they
were going on strike.

“We are concerned with people who speak on behalf of Apex. We were shocked
when we heard of the so-called strike because it was seriously misleading.
We cannot strike against Biti because it is not Biti refusing with the
diamonds money? In any case who will call for the strike when Apex has no
leadership,” Majongwe said.

This flies in the face of a state newspaper which reported that the civil
servants are bracing for a full scale strike.

Meanwhile, the Apex council met yesterday in Harare and resolved the
infighting and contestations of posts that have taken place since the
chairperson’s term of office expired.

Ndlovu said they had managed to solve the mudslinging and jostling for posts
within Apex by amending the constitution.

“The meeting was a technical one and we managed to agree that elections are
going to be held on the 8th of August. We also agreed that that the next
executive should be selected on the basis of votes and not on a rotational
system,” Ndlovu said.

The terms for Apex Council chairperson Tendai Chikowore and Public Service
Association president Cecilia Alexander expired this year.

According to the Apex constitution, Alexander is supposed to take over under
a rotational system but this has met a lot of resistance with other Apex
affiliates arguing that she should not be part of the new board as she
served her term as the secretary for the outgoing team.

Political violence video launched

http://www.dailynews.co.zw/

Written by Fungi Kwaramba, Staff Writer
Tuesday, 31 July 2012 12:44

HARARE - Political violence is again under spotlight with Zimrights
yesterday launching a documentary that chronicles President Robert Mugabe
and Prime Minister Morgan Tsvangirai’s anti-violence statements.

In an interview with the Daily News Okay Machisa, Zimrights national
director said the documentary “Anti Violence Crusade” will be cascaded to
all parts of the country including areas where political violence is
incessant.

Machisa said they would like to take the message to all corners of the
country. “The documentary is going to have an impact; we are taking the
principals’ statements into the communities and these statements. If people
see them talking about peace then they will realise that the leaders are
sincere.”

The documentary which has since been censored and has been given the green
light by the police and includes voices from political parties’ leaders,
civil society as well as the law enforcement agents.

Confusion over dual citizenship in the draft constitution

http://www.swradioafrica.com

By Tererai Karimakwenda
31 July, 2012

The issue of dual citizenship has emerged as one of the most confusing in
the draft Constitution produced by the select committee, COPAC, with
conflicting interpretations being offered by different camps.

The draft Constitution clearly leaves it to an “Act of Parliament” to make
provision for “the prohibition or permitting of dual citizenship in respect
of citizens by descent or registration”.

But there is no direct reference to dual citizenship for citizens by birth,
causing much confusion and speculation that the issue was simply “parked”
because the MDC formations and ZANU PF could not agree on a solution.

The MDC-T, who are calling on Zimbabweans to vote yes in the coming
Constitutional referendum, have adopted the position that dual citizenship
is guaranteed in the draft charter, for citizens birth.

The party this week released a “Guide to the Constitution”, a simplified
interpretation of the draft charter, which says: “Under this constitution,
dual or multiple citizenship is automatically allowed for Zimbabwean
citizens by birth”.

We were unable to contact the MDC-T spokesperson Douglas Mwonzora who
co-chairs COPAC, but we spoke to the Minister for Parliamentary Affairs,
Eric Matinenga, to give his interpretation.

Speaking as a lawyer Matinenga agreed that the issue of dual citizenship for
those who are Zimbabweans by birth was not addressed directly. He explained
that the draft gives parliament powers to act regarding citizens by descent
or registration only, and said:

“The issue of citizenship by birth has been deliberately left out. Whilst
parliament can permit or prohibit dual citizenship, it can only do so when
it addresses the issue of citizenship by descent or registration. It cannot
in terms of section 3.8e, address citizenship by birth,” Matinenga said.

He added: “The issue of citizenship by birth is absolute. Parliament cannot
interfere with it.”

A different interpretation was offered by other lawyers who spoke to SW
Radio Africa. Speaking on the Elections Watch programme last week lawyer and
activist Dewa Mavhinga said he strongly believes the issue of dual
citizenship was deliberately omitted by COPAC.

Mavhinga said: “It’s a political position. It’s no coincidence that one
party in the negotiations felt uneasy letting millions of Zimbabweans vote
in the next election.

Madock Chivasa, spokesperson for the National Constitutional Assembly (NCA),
said: “This document does not guarantee dual citizenship. It leaves it to an
act of parliament to decide. If they wanted it why not just say Zimbabweans
are allowed so and so. It’s clear they don’t want it.”

Lawyer David Hofisi said the draft charter is not clear on several issues
and this reflects the fact that it was a negotiated document. Hofisi also
agreed that the issue of dual citizenship is not clearly defined in the
draft and was left to an act of parliament.

One thing is clear is that even as Zimbabweans decide which Constitution we
want to live under, there is no guarantee that the next government will
abide by it. ZANU PF continues to ignore the current Constitution while
negotiating a new one with the MDC formations.

Kirsty Coventry eyes 8th Olympic medal

http://www.swradioafrica.com

By Tichaona Sibanda
31 July 2012

Zimbabwe’ swimming superstar Kirsty Coventry goes into Tuesday’s womens
200-metre individual medley final aiming to win her 8th Olympic medal at the
London games.

Coventry, who has been battling with a knee injury, has won seven Olympic
medals in her career amid reports her fourth games will be her last.

In Athens in 2004 games Coventry won three medals, a gold, silver and
bronze. She followed that up with four medals in Beijing in 2008, where she
won gold in a world record time in the 200 metre backstroke. The other
medals were all silvers.

At 29 years old, battling a knee injury and struggling to shrug off the
after effects of pneumonia, Coventry is still showing the signs that made
her a household name in Zimbabwe.

‘I’ve been up and down coming into the competition with my knee and then
pneumonia, so I’m just excited to be here and happy that I swam better than
in the 100 backstroke,’ Coventry told journalists.

‘Because of my injury I did not have the time to compete as much as I would
have liked to. So I think my first swim here at the Olympics I was having
competition nerves even though I have been at three Olympics,’ she said.

Coventry’s 8th medal hunt in London, if she accomplishes the feat, will put
her way ahead of any individual or team sport in Zimbabwe. Apart from the
Harare born Coventry, Zimbabwe has only managed to win one Olympic gold
medal. That was the women’s hockey team at the Moscow games 32 years ago.

Coventry has won 2 gold medals, 4 silver and 1 bronze, putting her in a
league of her own.

Human trafficking gang busted

http://www.herald.co.zw

Tuesday, 31 July 2012 00:00

Crime Reporter
FORTY-ONE Bangladeshis, believed to be part of a human trafficking
syndicate, have been arrested between Zimbabwe and Zambia as the two
countries tighten the fight against the crime. Of the 41, 16 were arrested
in Victoria Falls while the other 25 in Zambia last week.
The suspects are believed to be using the two countries as springboards to
South Africa before going to various destinations in Europe.
Assistant regional immigration officer Mr Francis Mabika yesterday confirmed
the arrests.
He said sometime last week they received information that there were some
illegal immigrants who entered the country without the required documents.
“They were arrested and we discovered that some of them had entered using
forged passports. Further investigations revealed that they were part of a
human trafficking syndicate that is using Zimbabwe as a transit point to
South Africa and we don’t know the final destinations,” Mr Mabika said.
The 16 have since been convicted and are serving 30 days in jail each.
Mr Mabika said most of these people were coming through Zambia and they
communicate with their counterparts in the neighbouring country.
“Last Friday night, the Zambian officials arrested 25 more Bangladesh
nationals who wanted to sneak into Zimbabwe and they are currently in
custody,” he said.
Mr Mabika said they would remain on high alert and will not hesitate to
arrest anyone who enters into the country without the required documents. He
said they would also continue to carry out operations in the country
targeting foreigners, who are illegally staying in the country.
Several people both foreigners and locals have for the past few months been
arrested for their involvement in human trafficking.
In August last year, police arrested a 32-year-old Bulawayo man for
allegedly smuggling 21 children aged between one and 16 years into South
Africa.
Kenias Mhlanga of Magwegwe West in Bulawayo is facing charges of human
trafficking and facilitating illegal migration.
He allegedly took the children from Bulawayo to Johannesburg claiming to
have been hired by their parents.
Mhlanga was arrested in South Africa while loading the children into his
South African registered Toyota Quantum.

One person dies as Zimbabwe is hit by influenza

http://www.swradioafrica.com

By Lance Guma
31 July 2012

One person has died and more than 140,000 others have been affected by the
H3N2 influenza (flu) bug. The state controlled Zimbabwe Broadcasting
Corporation on Friday reported that the bug is spreading fast countrywide.

Ministry of Health and Child Welfare Director for Epidemiology and Disease
Control, Dr Portia Manangazira, is quoted saying the upsurge in influenza
cases is typical for winter, but what is worrying is the number of cases.

“There has been an upsurge in the number of influenza cases. We have only
recorded one death so far. The virus is likely to continue spreading as the
cold season is still upon us,” Dr Manangazira told the state broadcaster.

The H3N2 is a subtype of virus that causes flu and persons suffering from
the disease are likely to experience chills, fever, sore throat, muscle
pains, severe headache, coughing, weakness, fatigue and general discomfort.

The influenza outbreak completes a miserable run on the health front for
Zimbabwe, following reports this week of some 119 cases of typhoid in
Chitungwiza. The water situation in the town threatens to create a major
outbreak.

Ignore Zanu PF and Madhuku: Says Welshman Ncube Led MDC

http://www.radiovop.com

Harare, July 31 2012-The Welshmen Ncube led MDC says ZANU(PF) and National
Constitutional Assembly are taking the people of Zimbabwe for granted by
denouncing the draft constitution before it gets to a referendum.

“ZANU(PF) is confused, they can have many politburo meetings they want on
the constitution. They can have even a thousand of them and reject as many
times what they have agreed to. This just shows their factionalism. It just
shows their divisions.

“It also shows that they are not putting national interests first. What we
are saying is that let the people accept or reject the constitution through
a referendum,” Qhubani Moyo the National Organising Secretary of the MDC led
by Professor Welshman Ncube told Radio VOP in Harare on the sidelines of a
two day SADC Media, Civil Society and Political party players’ round table,
Monday.

“As of Madhuku, let’s just ignore him he is looking for donor funds. People
like him are business minded and they are after making money not building
the nation, “Moyo added.

ZANU(PF) had a night long meeting when they discussed the draft
constitution. The party adjourned the meeting for Wednesday when it will
announce its decision on whether to endorse the constitution or not.

Professor Lovemore Madhuku Monday announced that his organisation is
currently compiling a ‘long’ list of defects in the draft constitution it
will soon present to the public.

“There is no basis of supporting this document which is being decided by
politicians. We hear that the three principals have a final say to the draft
constitution, and yes that is what is going to happen, and do we want that
to happen? Politicians deciding for us?”, Professor Madhuku told delegates
gathered for a two day SADC Media, Civil Society and Political party players’
round table in Harare, Monday.

“We will be publishing a long, long, long list of the defects of the
constitution and make people see,” Madhuku said.

Cop claims left with $9 after deductions

http://www.dailynews.co.zw/

Written by Tendai kamhungira, Senior Court Writer
Tuesday, 31 July 2012 12:48

HARARE - A member of the Zimbabwe Republic Police landed himself in hot soup
after he failed to pay maintenance towards the upkeep of his three minor
children.

Jealous Sithole, 41, yesterday pleaded guilty to charges of defaulting in
paying maintenance, when he appeared before Harare magistrate Anita Tshuma.

He is accused of Contravening Section 23 (i) of the Maintenance Act Chapter
5:09.

During mitigation yesterday, Sithole told the court that he was only taking
home $9 from his salary after several deductions.

He told the court that he was involved in an accident in February this year
and part of his money was going towards the maintenance of the victim’s’
vehicle, hence the failure to pay maintenance.

Prosecutor Innocent Chingarande told the court that on May 28 this year,
Sithole was ordered by the maintenance court to pay $200 per month, towards
the upkeep of his children.

Sithole was also ordered to pay school fees for his three children and the
order was granted with effect from June 30.

However, Sithole failed to pay the $200 maintenance for the month of June as
well as school fees amounting to $190, forcing his wife to take legal
actions against him which led to his subsequent arrest. He will be sentenced
today.

Mpofu ‘warns’ Chamber of Mines

http://www.dailynews.co.zw

Written by Jeffrey Muvundusi, Own Correspondent
Tuesday, 31 July 2012 11:24

HARARE - Mines minister Obert Mpofu has threatened to form a parallel
organisation in support of small-scale miners accusing the Chamber of Mines
of continually side-lining them.

Mpofu who was speaking during the official opening of the 17th edition of
Mine Entra in Bulawayo, expressed concern over the deliberate exclusion of
the small-scale miners on programmes dealing with the mining industry.

“When we are organising similar events, we must involve the small-scale
miners, they are a major factor. If you don’t involve them, I will encourage
them to set up a parallel association that will rival the Chamber of Mines,
register it and recognise it,” said Mpofu.

“We also want them to be given export licences for their gold, because they
are a major contributor to our economic turf and mining development. So let’s
not sideline them. Let us support them and let us facilitate their
operations. That’s why the government has come up with a mechanisation
initiative.”

Mpofu pledged his support for the small-scale miners urging them to approach
his bank for financial assistance.

“They are making a tremendous contribution to our economy but no one talks
about them. They don’t ask for anything, the banks are not helping save for
a few. That’s why I bought a bank to support them. The few small-scale
miners come to your bank and I promise, you will be supported,” Mpofu said.

The minister also revealed that next year the government will take full
participation at the growing annual mining expo.

“Next year the Mine Entra will have full involvement of the ministry through
its mining agencies including the ZMDC, NMCZ, all the diamond mining
companies and gold companies to fully participate and fund the operations of
this Entra,” he said.

Mpofu added: “Because it is us who want to attract investment into the
country, we should not leave it to Zimbabwe International Trade Fair (ZITF)
alone.”

Vice President Joyce Mujuru who was the guest of honour at the event also
urged the small-scale miners to expand in their operation.

“They must take advantage of the Mine Entra, and pick up best practices that
can help them grow out of the informal sector into big mining sectors.
Government wants to see the “artisanal” miners grow into formal mining
industry,” Mujuru said.

The three-day expo which ran under the theme “Reveal Local Treasures, Strike
Global returns” kicked off on July 25 and ended July 27.

According to the organisers, this year’s expo surpassed that of 1997 which
attracted over 200 exhibitors.

Zimbabwe puts squeeze on banks for higher capital

http://af.reuters.com

Tue Jul 31, 2012 3:28pm GMT

* Central bank pushes for bank consolidation

* Move could dampen push to localise foreign banks

By Nelson Banya

HARARE, July 31 (Reuters) - Zimbabwe has increased minimum capital
requirements for banks to as much as $100 million, a move which could hold
back a drive to force foreign banks to sell majority shares to locals while
forcing small, locally owned ones to merge.

In a monetary policy statement presented in Harare, central bank governor
Gideon Gono pushed for consolidation, warning that poorly capitalised banks
posed a threat to the stability of the financial sector and the economy as a
whole.

"Mergers and acquisitions have become a major strategic option, aimed at
entrenching a strong, efficient and diversified financial sector that
ensures the safety of depositors' funds and plays a developmental role in
the economy," Gono said.

He added that the size of Zimbabwe's economy was too small to support 25
banks, some of which are already struggling. As many as four banks have been
forced to closed or placed under administration in the past year.

The new capital requirements are higher than those in much larger regional
economies such as South Africa, Kenya and Angola, according to central bank
statistics.

Commercial and merchant banks, whose current minimum capital requirements
are $12.5 million, will need to have $25 million in capital by December this
year, which will rise to $100 million by June 2014, Gono said.

Mortgage lenders' minimum capital will go up to $20 million in December 2012
from the current $10 million, ultimately rising to $80 million in June 2014.

According to Gono, the latest local bank to fail, Royal Bank, registered a
$6 million loss in the six months to June as it choked under a bad loan
book, 99 percent of which was not performing.

Britain's Standard Chartered and Barclays Plc and South Africa's Standard
Bank and Nedbank are the major foreign banks with operations in Zimbabwe.

Local investors in Zimbabwe are likely to struggle to raise the capital
needed to buy shares in foreign-owned banks, should the sector be forced to
take locals on board as majority shareholders.

Earlier this month, Zimbabwe's empowerment minister Saviour Kasukuwere gave
foreign banks one year to hand over 51 percent shares to locals under a
controversial ownership law being championed by President Mugabe.

Kasukuwere and Gono, both Mugabe appointees, have frequently wrangled over
the application of the empowerment law -- which has so far been used to
compel mines to cede shares to locals -- to the banking sector.

On Tuesday, Gono repeated his warning that forcing foreign banks to localise
could adversely affect Zimbabwe's stuttering recovery.

HIV-positive Zimbabwean guilty of infecting her husband

http://www.rnw.nl

Published on : 30 July 2012 - 4:24pm | By RNW Africa Desk

A Zimbabwean government officer was recently convicted by a magistrate in
the city of Bulawayo on charges of deliberately infecting her husband with
the HIV virus.

By Michek Rusere, Harare

Samukeliso Mlilo (34), an agricultural extension officer, is charged based
on the controversial section 79 of the Zimbabwean Criminal Law Act.

Mlilo had no legal representative in the initial stages of her trial. But
she was relieved when Lizwe Jamela, a renowned human rights lawyer with the
Zimbabwe Lawyers for Human Rights (ZLHR) took her case. He managed to take
the matter to the Supreme Court before Mlilo was sentenced. He argues that
the law is unconstitutional and discriminates against people living with
HIV/AIDS.

“The basis [for the supreme court appeal] is mainly to deal with the
constitutionality of section 79 of the Criminal Law Act,” says Jamela.

Vague
The law states that the deliberate transmission of HIV is a crime. Fair
enough, says Jamela. But he has an issue with the fact that the law doesn’t
take into consideration whether actual infection happened or not. He is also
arguing that there is no proof of who infected who.

Human rights activist Tinashe Mundawarara says Mlilo is one of many in the
country who is a victim of a law which is supposed to be protecting the
individual. He says the vagueness of section 79 is such that even those who
are HIV-negative can be charged and be prosecuted for transmitting the
virus.

Jamela argues that section 79 of the code is too vague and broad so as to
allow for arbitrary arrests and prosecution of people in contravention of
the law.

“The section tends to be over reaching and too broad to an extent that it’s
not clear as to what constitutes criminal conduct,” he says as part of his
basis for appealing to the Supreme Court.

Who infected who?
He also adds that no provision is made in the law about finding out who
infected who. He says it is very often left to the imagination and
speculation.

In Mlilo’s case, both her and her husband had had previous affairs before
getting together. Jamela says Mlilo only discovered that she was HIV
positive upon seeking antenatal care after falling pregnant while living
with her husband. As part of the country’s health policy, HIV testing is
compulsory for all pregnant women.

Mlilo added that her and her husband had already lived a year together
before the pregnancy. She further states in her defense that she disclosed
her status to her husband who even assisted her to get medication.

“So who infected who?” says Mundawarara. The reason of the court case
baffles him because the couple stayed for so long together and had consented
to having sex since they got married.

But the million-dollar question is how the magistrate managed to be
convinced that Mlilo, who pleaded not guilty, actually transmitted the virus
to her husband and not the other way round.

Malema charms Zimbabweans in London

http://www.newzimbabwe.com/

Surprise ... Julius Malema meeting Zimbabweans during surprise visit to London sports club

30/07/2012 00:00:00
	by Staff Reporter

Strange bedfellows ... Former boxer Lenox Lewis with Julius Malema

JULIUS Malema, the former leader of the Youth League of South Africa’s ruling African National Congress, shocked Zimbabwean revellers enjoying an afternoon barbecue at a sports club in London on Sunday by turning up unannounced.

The firebrand, who was recently expelled from the ANC for his radical views and attacks on President Jacob Zuma, is in London to meet investors.

He is expected to speak at a networking event on Tuesday night. Guests will pay £20 to hear Malema speak.

Malema’s arrival at the Rollers Club – a summer barbecue spot for Southern African expats held at the Chingford Rugby Club – surprised many.

Revellers temporarily abandoned their meat and whipped out their phones to get pictures taken with the 31-year-old champion of nationalisation of mines and land reform in South Africa.

Malema, who is in London with the Youth League’s former spokesman Floyd Shivambu, was later joined by pal Zayne ‘Mahoota’ Sibika of the legendary kwaito group, Trompies. Mahoota, who now performs solo as a club DJ, had just concluded his two-gig UK tour.

Marshall Gore, the Rollers Club organiser, busied himself trying to offer his famous guest the full VIP treatment.

Gore later posted a picture of himself with Malema on Facebook, telling friends: “We clicked from the word go.”

Other pictures showed Malema and Gore having dinner with the former world heavyweight boxing champion Lenox Lewis at the exclusive Italian restaurant, Scalini.

Malema told the BBC Focus on Africa TV programme that the agenda of his trip to London was to explain “our economic struggle which seeks to redistribute the wealth of the country into the hands of the people”.

He added: “Most investors have misinterpreted that, not only investors but our fellow African brothers who are here in Britain.”

Together with Shivambu and members of a new organisation called Friends of the ANC Youth League, he said they had been “doing a lot of work behind closed doors” to explain the policies he advocated.

He added: “What we are clarifying is that we are not talking about a wholesale nationalisation, we are not calling for a shutdown of private participation both in the land and agricultural activities and the mining sector in South Africa, but what we are for is a greater participation and control by the state which will go in many instances into partnership with the private sector.”

Malema and his allies who remain in the ANC are pushing for Zuma’s ouster as party leader at the party’s congress ion December.

He defended his recent attacks on Zuma’s sex life – he has at least 21 children and four wives – insisting that the criticism was not personal.

“We are not attacking him on a personal level... that is political. Any practice in the name of culture that perpetuates gender discrimination and humiliates women we will never agree to it,” Malema said.

“As a revolutionary, he should have known better that he should not participate in cultural activities that perpetuate gender stereotypes.”

Malema insists he still has a future in the ANC – but only after Zuma leaves as leader of the party.

“I am coming back to the ANC in December,” he told the BBC. “Once we remove President Zuma, because we are going to remove him successfully in December, and then I will walk into that conference and shake his hand and proceed to occupy my rightful seat.”

Malema will speak at a networking event in London on Tuesday, July 31, 2012, at the Royal Over-Seas League House, Park Place, St James’s Street [SW1A 1LR] from 6-9PM. Entry at the event is £20. Call 07961092044 for more information

The MDC Today

http://www.mdc.co.zw

Tuesday, 31 July 2012
Issue - 405

The MDC Mashonaland East provincial leadership yesterday officially welcomed
Mai Tracy Mutinhiri into party as a member at a function held at Harvest
House, Harare.

Hon. Pineal Denga, the provincial chairperson introduced the former Zanu PF
legislator and welcomed her to the MDC. “As the MDC family, we warmly
welcome Mai Mutinhiri and salute her for the bold decision she took in
abandoning the sinking Zanu PF and joining the MDC. We are prepared to work
with such courageous people who sacrifice to do the right thing for the good
of this great nation and its people,” said Hon. Denga.

In her acceptance speech, Mai Mutinhiri praised the MDC as a progressive and
visionary party that respects the rights of all Zimbabweans. She narrated
how the State machinery was unleashed on her, saying God wanted her to taste
the dosage of Zanu PF medicine.

“I salute you all in the MDC for the courage and resistance you have shown
over the years against Zanu PF brutality. It is God’s plan and the MDC has
the blessing from Him. I want to be with you in the democratisation of our
country. I have been touched by the level of tolerance within the MDC unlike
in Zanu PF where there is no freedom of expression,” she said.

Mai Mutinhiri became the latest causality in Zanu PF for showing political
maturity and demanding openness in the rank and file of the sunset party.

Meanwhile, the Deputy Minister of Local Government, Rural and Urban
Development, Hon. Sessel Zvidzai has said the MDC structures are the
backbone of the party and must be strengthened from higher to grassroots
levels in preparation of the coming elections.

Hon. Zvidzai said this while conducting an audit of the structures Kwekwe on
Saturday. He urged political leaders to unite and avoid what happened during
the 2008 elections when the party fielded dual candidates saying that MDC
policies do not support individuals in higher authority but the majority.

"Party structures should be vibrant for the MDC to win resoundingly and
bring change to the country.

“There is no winner in a losing team, so if we reclaim seats of all
legislators and councillors when President Morgan Tsvangirai is not the
President of Zimbabwe, we will actually have achieved nothing at all,” he
said.

Hon. Blessing Chebundo, MP for Kwekwe Urban also urged everyone to go and
register to vote in the next elections as the future of this country is to
be determined by the participation of registered voters in the next
elections.

The people’s struggle for real change – Let’s finish it!!!

Elephants, humans die as hostility soars

http://www.iol.co.za/

July 31 2012 at 06:00pm
By JAMES CLARKE

Cape Town - Ten days ago, 200 Maasai “warriors”, in an act of vengeance,
randomly speared a dozen elephants, 10 buffalo and a lion from Kenya’s
Amboseli National Park – East Africa’s second most popular reserve.

They complained they received too little spin-off from the park, yet had to
put up with elephants damaging their crops and taking lives.

A month before, six lions from Nairobi National Park were speared to death
by disgruntled locals.

The raids echoed the recent assault on one of SA’s most attractive
reserves – Ndumo in KZN – when angry farmers destroyed the fence and moved
in with their livestock and ploughs.

African communities are becoming fed-up with wildlife – elephants in
particular. And elephants are showing increasing signs of being fed-up with
humans.

Specialists in animal behaviour believe that after years of being abused and
of being more and more constricted, translocated and poached, elephants are
hitting back.

African and Asian elephants are killing about 500 people a year, according
to Brian Handwerk of National Geographic. He says it’s because they are
being pushed into smaller and smaller pockets “and increasingly they are
pushing back”.

From SA to the Sudan there have been so many fatal conflicts between
elephants and people as well as crop damage that scientists have set up a
Human Elephant Conflict programme as part of a worldwide Human Wildlife
Conflict initiative backed by the International Union for Conservation of
Nature (IUCN).

A paper – Human-wildlife Conflict in Africa, published by the Food and
Agricultural Organisation in Rome – reported that the antipathy among rural
Africans towards elephants “goes beyond that expressed for any other
wildlife”.

It said people living in central Africa “fear and detest” elephants; that
farmers in Zimbabwe display “ingrained hostility” towards them. “(They) are
the focus of all local animosity toward wildlife.”

There’s evidence that today’s elephants are suffering from chronic stress
brought about by prolonged habitat reduction, ceaseless poaching, culling
and mass translocations. People who have had experience with these
intelligent creatures know that elephants, like whales and dolphins, are
sociable animals with strong family bonds and have an ultra long-range
communication system outside of human hearing. As a result, dealing with the
elephant overpopulation in parts of southern Africa is proving to be
extremely complex.

Dr Gay Bradshaw, a psychologist and ecologist at Oregon State University who
is involved in their environmental sciences programme concerned with Human
Elephant Conflict, says: “Everybody pretty much agrees that the relationship
between elephants and people has dramatically changed.

“What we are seeing today is extraordinary. Where for centuries humans and
elephants lived in relatively peaceful coexistence, there is now hostility
and violence.”

Bradshaw and her colleagues, in a 2005 article in the science journal Nature
titled Elephant Breakdown, say elephants are displaying increased animosity.

Human Elephant Conflict threatens the future of Africa’s game reserves.
Unless rural people who live among wild and dangerous animals derive
tangible benefits from their situation – and soon – they will continue to
support poaching. Most non-government wildlife organisations are blissfully
unaware of the seriousness of the human-wildlife conflict.

Eighty percent of Africa’s wildlife lives outside protected areas, yet those
who live among them have no say in their management and receive little or no
benefit from the tourism that Africa’s wildlife brings.

Elephants are behaving in a way never before encountered because, says
Bradshaw, “stress has so disrupted the intricate web of familial and
societal relations by which young elephants have traditionally been raised
in the wild, and by which established elephant herds are governed, that what
we are now witnessing is nothing less than a precipitous collapse of
elephant culture”.

She says they are showing signs of a societal breakdown.

It appears we are driving elephants mad.

In many regions of Africa there is an increasing human toll caused by
elephants as well as increasing crop damage. There is also an increasing
toll of elephants themselves – mostly by Far Eastern ivory smugglers who
fund African poachers and bribe government officials and ministers.

The IUCN says an average of 104 elephants are killed daily in Africa – close
to 38 000 a year. Recognising the increased tensions between elephants and
humans, it has launched a worldwide project to hopefully alleviate some of
the suffering – on both sides.

Human Elephant Conflict poses serious challenges to wildlife managers, local
communities, conservationists worldwide and to the IUCN’s African Elephant
Specialist Group and its Asian counterpart.

Between 1900 and 1984 Africa’s elephant population was reduced by 93 percent
and is now found in only 5 percent of the continent. Its numbers have fallen
from 1.3 million in the early 1970s to about 450 000 today. This recent
sharp decline in numbers has mainly been due to poaching.

Wildlife because of “eco-tourism” – viewing wildlife, wilderness trails,
wildlife photography and hunting – is in parts of rural Africa the only
“cash crop”. Properly managed, it is a self-sustaining high-employment
industry – and the African elephant is its star attraction. - Weekend Argus

Draft constitution through the eyes of non-lawyer

http://www.newzimbabwe.com/

31/07/2012 00:00:00
	by Tina Sinclair

FAR be it from me as a non-lawyer to make an authoritative analysis of such an important legal document as the proposed new Constitution, which will be the fundamental law of our country if it gets a “YES” in the forthcoming Referendum.

However, as most of us citizens who will vote in that referendum are not lawyers either, clearly we are all expected to have some idea of its contents. It was with this in mind that I waded through the 164 pages kindly provided by Veritas and came up with the following few notes.

It is a pity that we have had to use an immense amount of time, effort and resources to come up with what looks like a compromise document, but it is the only way we are going to move forward to the elections we are all waiting for, whether or not it is adopted.

The issues of land and race/ethnicity loom large, unsurprisingly: those are the big Zimbabwe issues, about which we all become tense and emotional, all the more so when they are joined together. It seems that we are still disagreed about what is right and good, and we still spend a lot of energy denying “non-indigenous” Zimbabweans the same rights as “indigenous” citizens without defining “indigenous”. It is clear which political party won the contest on that issue – for the time being.

There are contradictions, however – and those may end up overturning the restrictions on the rights of white citizens. The Preamble speaks of being united in our common desire for equality and our resistance to racism, and commitment to building a just nation founded on values of equality and fairness, among others.

This is repeated in Chapter 1 Founding Principles, where Zimbabwe is founded on respect for fundamental human rights and recognition of the equality of all human beings, as well as others.

Likewise, in Chapter 4 Human Rights 4.13: “Every person is equal before the law and has the right to equal protection and benefit of the law.” And “every person has the right not to be treated in an unfairly discriminatory manner on such grounds as their nationality, race, colour…”

It would be a great service to the general public if one of the many well-funded NGO’s could quickly publish a non-partisan summary. My notes make no pretence to summarise the document methodically, but merely to highlight items which caught my eye.

Going through the document in order, my comments are in red. I note that God is mentioned in the Preamble, and in Chapter 2 on Rights, the diversity of cultures and ethnic groups is recognised – although there is a caveat in clause 2.3(k) for “due respect for vested rights”, which I do not understand and therefore distrust.

Sixteen national languages are to be treated equitably, that could become problematic.

Interestingly, there is a whole section on Foreign Policy, which states among other requirements that “the State must participate in… international organisations which stand for peace, well-being and progress…” So we would presumably move to re-join the Commonwealth.

The social rights (housing, employment, education, health) are there “within resources available”, although there is no such caveat for war veterans.

The family is protected in 2.17, which is good, as the family is the basic building block of society, but there is no mention of families split up over the past decade because of the economic and political crisis. I would like to see another clause, along the lines that “the state will take all necessary measures to reunite families split because of economic difficulties.”

2.19 provides that the state will take “all practical measures to provide free and compulsory basic education for children” while 2.26 stipulates that the state must ensure that international conventions acceded to are incorporated into domestic law.

Chapter 3 on Citizenship is more or less the present situation, except that in 3.5 the state cannot revoke citizenship if the person would be rendered stateless by so doing. 3.6c states that an Act of Parliament may make provision for the prohibition or permitting of dual citizenship in respect of citizens by descent or registration.

Section 4.3 recognises both common law and customary law. In 4.5 under Right to Life, capital punishment is there, but anyone under 21, over 70 and all women are excluded. Unborn children are also protected, with termination of pregnancy “only in accordance with the law”.

In 4.7 Rights of Arrested and Detained Persons, an arrested person has a right to consult at his/her own expense with a legal practitioner and a medical practitioner of his/her choice. A person can only be detained a maximum of 48 hours without being brought to court even if the time lapse falls on a weekend or public holiday. Detained persons have the right to be detained in conditions befitting their human dignity. 4.14 gives all persons the right not to have their person or home searched arbitrarily.

4.15 provides for Freedom of Assembly, and 4.16 freedom to demonstrate and petition, but those freedoms must be exercised peacefully. 4.18 provides for Freedom of Expression and the Media, while in 4.19 Freedom of Access to Information, “every citizen or resident, including the media, has the right to any information held by the State, international and non-governmental agencies at every level, in so far as required for the execution or protection of a right in the interests of public accountability”, which right may be restricted “only to the extent reasonably justifiable in an open, just and democratic society.”

4.2 deals with Property Rights. No person shall be compulsorily deprived of their property except on reasonable notice and with fair compensation within a reasonable time. The acquiring authority has to apply for a court order confirming the acquisition, if it is contested.

Clause 4.29 on the Right to Agricultural Land repeats the contentious status quo referred to in my introduction, i.e. that the right to agricultural land is only granted to “indigenous” Zimbabweans and to land held under BIPA agreements. No other person may apply to the court for compensation except for improvements, nor can s/he challenge the acquisition “on the grounds that it is discriminatory in terms of clause 4.13.”

Section 4.30 on Environmental Rights is far too short, stipulating only that the state “shall prevent pollution and ecological degradation.” There is no mention of the urban environment in which nearly half the population lives, nor do I see any mention of the right of communities to benefit sustainably from the resources in their environment.

4.32 on the Right to Education would benefit from the addition of the right to a gender-sensitive syllabus, and preferably also a syllabus promoting an enquiring mind. I am slightly confused by some of these rights appearing in two different places, in the document, not understanding the reason for this.

Section 5 on the Presidency provides for two Vice Presidents, who will be elected alongside the President. Citizens by registration are excluded from standing as president or vice-president. No one can stand as President or VP if s/he has already served for two terms under this constitution.

5.14 on Succession provides for the First Vice President to succeed and remain until the end of the normal term if the President dies/resigns/is removed. 5.15 gives former presidents and vice presidents the same salaries and conditions as those in office.

5.22 provides for a Vote of No Confidence in Government to be passed by Parliament, stipulating that if the President does not dissolve Parliament and call an election within 14 days, Parliament stands dissolved.

Section 6.5 provides for 88 members of the Senate, six from each province elected by proportional representation (party list system based on votes for the National Assembly)plus 16 chiefs (two from each rural province), plus the President and Vice President of the Council of Chiefs, plus eight appointed Provincial Governors (based on votes in that province), plus two representatives of persons with disabilities.

The party lists will be the zebra system, i.e. male and female candidates listed alternatively, every list headed by a female candidate. The ZEC chairperson or a nominee will conduct election of the Senate President and Deputy by members.

Part 3 on the National Assembly provides for 210 MPs elected by secret ballot, plus, for the first two Parliaments after the constitution’s effective date, an additional 60 women members, six from each province, elected by proportional representation.

7.1 deals with electoral disputes, requiring “timely resolution” (c.f. 33 disputes over 2000 election still unresolved in 2005).

6.33 prevents Parliament from “imposing any punishment other than a fine for breach of privilege or contempt.” (c.f. Roy Bennett’s prison term). 6.34 enables every citizen and permanent resident to petition Parliament on anything in its jurisdiction, including enactment and repeal of legislation. The Clerk of Parliament may only serve two six-year terms.

7.4 on Elections stipulates that elections may not be held more than 30 days before the expiry of the five-year Parliamentary term. By-elections must be held within 90 days of a vacancy being declared, except that if it occurs within nine months of a general election being due, the seat may remain vacant. This clause might be used to determine the on-going debate about the 26/38 vacant seats.

7.7 provides for Delimitation of Electoral Boundaries to be drawn up by ZEC every 10 years, as soon as possible after the Census. If this is less than six months before a poll, the new boundaries shall not apply to that poll. (NB our next Census is due mid-August). The Preliminary report must be laid before Parliament within seven days of the President, and the Final report published within 14 days after release by ZEC in the Gazette.

On the Judiciary in Section 8, there will be both a Constitutional Court and a Supreme Court, as well as the other courts including customary courts. Anyone can appeal directly to the Constitutional Court on any constitutional issue. If at any level a party requests a constitutional matter to be referred to the Constitutional Court, this must be effected.

On the Appointment of Judges 8.19, the Judicial Services Commission must invite the public to make nominations, conduct public interviews and submit a list of three to the President who must select one from the list.

Ministry Permanent Secretaries are appointed by the President in consultation with the Civil Service Commission, for five years renewable once only. The Civil Service Commission is appointed by the President (not in consultation with anybody?).

Chapter 11 – Security Services must have utmost respect for the rights and freedoms provided in the Constitution and rule of law. They are subject to this Constitution, Parliament, the President and Cabinet. They may not act in a partisan manner, further the interests of any political party, members cannot be active members of any political party, and they may not be engaged in civilian institutions except during public emergency.

11.5 provides for an independent complaint mechanism through Act of Parliament for individuals/the public to complain and be provided with a remedy. Deployment outside Zimbabwe by the President must be approved by Parliament within seven days. Commander of the various services can serve for a maximum of two five-year terms.

11.12 The Defence Service Commission is to be chaired by the Chair of the Civil Service Commission, and at least half its members never been in the security forces. Salaries to be agreed between Ministers of Finance and Defence.

11.15 The Police Service Commission same as for Defence. Intelligence and Correctional Services ditto.

Chapter 12 sets up five Independent Commissions: Zimbabwe Electoral Commission, Zimbabwe Human Rights Commission, Zimbabwe Gender Commission, Zimbabwe Media Commission and the National Peace and Reconciliation Commission. These are not subject to any control, but are accountable to Parliament.

12.7 ZEC – the Chair is appointed by the President after consultation with the JSC and Parliament’s SRO. In general, Commission chairpersons can be other than that recommended, provided that “SRO must be informed as soon as possible.” Same for HRC and NPRC, while Gender and Media Commissions only consultation with SRO.

HRC : Police must comply with any directive given by the HRC. National Peace and Reconciliation Commission: prevention/transformation of conflict only mentioned as a sub-paragraph. “Tell the truth about the past.” NB - no cut-off date as e.g. “before 2000”.

14 – Provincial and Local Government: clause 2.3 “An Act of Parliament must provide an appropriate mechanism to facilitate coordination between central government, provincial and metropolitan councils and local authorities.” This does not clearly spell out power relations between the different levels – c.f. polemic over local authorities being under Minister of Local Government.

We will be back to eight Provinces + Harare and Bulawayo, i.e. no Midlands North and South. The Provincial Governor is appointed by the President from a list of two provided by the party which won most votes in that Province. Harare and Bulawayo have no provincial governor, while any mayor of an urban area must be elected directly (c.f. polemic around Muchadeya Masunda).

15 Traditional Leaders must not be partisan.

16 Agricultural Land This section sets out the restrictions on compensation already referred to in 4.29. It restricts recipients of land allocation to one plot per person. The establishment of a Land Commission is provided for, tellingly not in the Chapter on Independent Commissions supporting Democracy, although it is required to act independently.

17 Finances provides for “at least 5% of National Revenues to go to Local Authorities.” NB This will not empower them, and rural councils have suffered from loss of the revenue they used to get from commercial farms.

The Auditor-General is independent in that s/he is a public officer but not a civil servant. On Procurement, an Act of Parliament must provide for the establishment of joint ventures, contracts for infrastructure and facilities and concessions of mineral and other rights, to ensure transparency.

18 For Commissions, Chairs and Deputies must be of different genders. 18.8 Government must ensure adequate funds for all commissions and constitutional institutions.

Constitutional Amendment Bills: The Speaker must give 90 days’ notice in the Gazette, and 2/3 of the membership of each House is required for it to be adopted. If concerning Chapter 4 (human rights) or 16 (land), within three months of Parliament adopting the Bill the matter must go to a National Referendum. If the amendment concerns a term-limit, it is not applicable to anyone holding that office at the time or before the amendment is adopted.

Schedules Oaths of Office – not certain why “so help me God” is to be omitted in affirmation, in view of Preamble.

4th Schedule – Qualification of Voters: over 18 and Zimbabwe citizen. It is silent on Zimbabwe citizens overseas, although it stipulates that “Any residential requirement prescribed by Electoral Law must be consistent with the Constitution, especially Section 4.24.”

6th Schedule; Date of Effectiveness: mostly on publication day, ie 3, 4, 5, 6, 7, 9, 11.3, 12, 14; the rest on the day President in 1st elections assumes office.

Savings for First Elections

For the first elections, existing boundaries are saved, i.e. “those in place immediately before publication day” for first election. Voters lawfully registered immediately before publication day are entitled to remain so registered for the purpose of the first election, while there must be voter registration and inspection for at least 60 days after publication day.

The date of the first election is not specified, and any challenge to the validity of the first presidential election is to be dealt with in terms of the Supreme Court as constituted under the former constitution.

EDITORIAL: A political setback for the MDC

http://www.businessday.co.za

The Movement for Democratic Change’s role in Zimbabwean power-sharing
government does not resolve the fundamental challenges facing the country
and may well have weakened the MDC politically
Published: 2012/07/31 06:54:00 AM

ZIMBABWEAN Prime Minister Morgan Tsvangirai said during a recent visit to
Australia that although he won the previous presidential election, "there
was no transfer of power because President (Robert) Mugabe had the guns,
while I had the people". Yet in New Zealand during the same trip, he went on
record as saying he was convinced Mr Mugabe is ready to give up power if he
loses the next election, to "protect his legacy".

That must have had the not-inconsiderable Zimbabwean diaspora in the
Antipodes choking on their sadza. If there is anything that keeps Mr Mugabe
from sleeping at night it is certainly not concern over his legacy, which is
surely already cast in concrete alongside those of history’s other great
tyrants.

It does, however, illustrate the difficult position Mr Tsvangirai and his
Movement for Democratic Change (MDC) now find themselves in. Since beating
Mr Mugabe in the first round of the 2008 election and opting to pull out of
the run-off rather than subject the population to another wave of
state-sponsored violence, the MDC has settled — maybe too comfortably — into
the role of partner in a power-sharing government with Zanu (PF).

This uneasy compromise has been effective in the sense that it resulted in a
significant reduction in overt oppression of dissenters by the army and
police, the stabilisation of the economy and the taming of rampant
inflation, making life for the average Zimbabwean at least bearable again.
But it did not resolve the fundamental challenges facing the country and may
well have weakened the MDC politically.

When the Apex Council, an umbrella union for public servants, marched on
parliament to demand salary increases last week, they targeted Finance
Minister Tendai Biti, an MDC representative. Mr Biti has achieved minor
miracles with the economy, given the bankrupt shambles he inherited, but he
is now the face of the government, a classic example of being landed with
all the responsibility without the power required to make the necessary
structural and political changes.

Mr Biti has precious little fiscal wriggle room — certainly not enough to
meet the public servants’ demand for a doubling of their salaries — and
there is little prospect of the economy growing rapidly enough for him to
get it as long as the political stalemate continues. He has had to slash
economic growth forecasts due to poor harvests, inefficient state
expenditure and investor nervousness over the Zanu (PF)-sponsored
"indigenisation programme". Meanwhile, diamond-mining revenues have slowed
to a trickle despite an apparent boom in the industry, which has become a
wonderful opportunity for Zanu ( PF) officials to continue the system of
patronage that has maintained the status quo for decades.

The draft constitution, which in terms of Zimbabwe’s power-sharing agreement
must be finalised before new elections are held, includes several positive
elements such as a presidential term limit, compensation for farmers
deprived of their land during past land grabs, and limitations on
presidential power. But the draft still has some way to go before it is
adopted, and there are many influential people in the government who will be
doing everything in their power to water down those provisions.

The European Union’s decision to suspended personal sanctions against most
senior Zanu (PF) officials as soon as a referendum is held on the
constitution will be of little consequence economically but may prove a
further setback for the MDC politically. When elections are eventually held,
most likely towards the end of next year, you can be sure Mr Mugabe and his
party will declare a famous victory over imperialism in addition to claiming
credit for the economic turnaround.

Commerial Farmer’s Union Press Release

On The Consolidated Draft of the Constitution.

The Commercial Farmers’ Union of Zimbabwe has noted the publication of the
Final Consolidated Draft of the Constitution of Zimbabwe of the 17th July.
We are disappointed that the parties to the Global Political Agreement (GPA)
have missed an opportunity to provide a sound legal framework which
stimulates an enabling business environment, investor confidence and
national economic recovery.

Many questions regarding the specifics of secure tenure to agricultural
land, the effectiveness of a new land commission, the limitations of the
states powers as regards a 99 year lease and so on remain unanswered by this
draft. Agricultural investors and financiers of agriculture will therefore
continue to adopt a cautious approach until it is clear that land can be
levered as security and has a real market value.

The draft constitution will ensure that the GPA proposed audit is avoided
and a status quo is entrenched. It also seeks to circumvent the States
obligations under international law. In a process of recent history that was
so thoroughly mired by, not only institutional but also behavioural,
disregard for the fundamentals of justice, it is questionable to simply open
a new chapter without an objective review of what has happened.

The country is asked to accept as water under the bridge what has happened
in particular regard to land and provisions seek rather to contain terms and
fallout from that episode rather that chart a constructive and enabling way
forward. The result is that investors, citizens and observers will question
the desire of the state of Zimbabwe to provide a truly enabling environment
for progress.

There is a need for dialogue on an acceptable package of principles to take
the process forward to a satisfactory conclusion. Until this is achieved the
country’s collateral value and its ability to generate recovery will be
hampered.

Resolving issues in a fair way is clearly in the country’s interest,
however, the principle question that will be in people’s minds when the move
to accept or agree on this constitution will be broader. Clearly the
document has considerable faults and is at odds with many issues raised by
concerned citizens, there are constituencies far larger than our own, who
feel excluded and discriminated against as currently constituted.

Nonetheless the question will be: does this guarantee to move us all closer
to a better situation than the current dispensation?

Until the land issue is fully, finally and fairly dealt with the inherent
country asset value will remain static to the detriment of stability and
development.

Charles Taffs

PRESIDENT
COMMERCIAL FARMERS’ UNION ZIMBABWE

Mike Clark
COMMERCIAL FARMERS’ UNION

Put the value of the land in the hands of the producer

A Commentary on Zimbabwe’s Current Affairs

By Clifford Chitupa Mashiri, 31st July 2012.

It could be argued that Zimbabweans may have to brace for more contradictory
statements, buckpassing, half truths and vague draft constitution.

Interestingly, the MDC formations have reportedly said they accept the draft
constitution and would urge for a Yes vote, while Mugabe’s Zanu-pf is said
to be split after accepting only 97% before backtracking on the issue of
presidential running mates.

What would the MDC formations do if Zanu-pf made more changes as appears
likely when they (the MDCs) have already committed themselves to a Yes vote?
Only God knows.

There is anger out there. People feel cheated e.g. on the cut-off date for
probing human rights abuses especially following revelations that the draft
constitution initially had a paragraph on Gukurahundi which was later
allegedly removed.

If the negotiations were what they are supposed to be, there would be an
immediate activation of criminal investigations into the pre-2009 rights
abuses as a quid-pro-quo for approving the Human Rights Commission Bill.

Suggestions that an Act of Parliament may make provision for dual
citizenship in respect of citizens by descent or registration are not
convincing at all in view of the strategy of depleting opposition MPs ahead
of crucial votes in Parliament.

A transcript of MDC-T Senator Obert Gutu’s interview on SWRadioAfrica’s
Question Time which was broadcast on 18 July 2012 made interesting reading.

In one part he said:

“it was felt that as a strategic move it is better maybe to have the (Human
Rights Commission) Bill passed through parliament with all the obvious
imperfections that are there so that by the time we go to the forthcoming
historic and make or break elections, at least we would have a fully
functional and operationalised Human Rights Commission.”

A comment posted by a concerned member of the public on the Zimbabwe Mail
website below the transcript says in part:

“MDC looks like it has dumped us in a pit that we have to get ourselves
out …noone will ever help us…”

Sadly, that is the impression everyone has, including victims and survivors
of CIO abduction, torture, and brutal assaults. But the leaders believe in
providence.

For instance, in February, Morgan Tsvangirai told a prayer meeting in Harare
that he and Mugabe had been chosen by God and the people of Zimbabwe should
pray for them to lead the country.

“I have been chosen by God, so has Mugabe,” Tsvangirai was quoted as telling
thousands of people at the Chitungwiza Aquatic Complex.

“Whether you like us or not, you have to pray for us, for vision, foresight
and wisdom to lead the country,” (The Standard, “Tsvangirai defies Mugabe on
Chihuri appointment” 12/02/12).

With powers from God like that, who can stop them from amending what is
after all a negotiated and flawed draft constitution despite earlier
assurances that Tsvangirai and Mugabe cannot reject it?

Clifford Chitupa Mashiri, Political Analyst, London,
zimanalysis2009@gmail.com

Bill Watch 36/2012 of 30th July [Finance and Appropriation Bills Passed]