The ZIMBABWE Situation
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SADC’s motives questioned over Tribunal review

http://www.swradioafrica.com/

By Alex Bell
19 August 2010

Questions are being raised over the true motive behind the Southern African
Development Community’s decision to review the mandate of the regional bloc’s
human rights court.

SADC officials have denied that the Tribunal has been suspended, shortly
after resolving to review the “role functions and terms of reference” of the
court. The review process is set to take six months and during that time the
court won’t be handling any new cases or completing any current ones.
Despite this, SADC executive secretary Tomaz Salamao insists that the
Tribunal has not been suspended.

SADC is now facing criticism for using the review process to avoid
confronting Robert Mugabe for disregarding the rule of law. The Tribunal
ruled in 2008 that Mugabe’s land grab campaign was unlawful and
discriminatory, and ordered the Zimbabwe government to protect commercial
farmers, their rights to their land, and pay compensation for land already
seized.

But in Zimbabwe the Tribunal has been snubbed by the government, with Mugabe
and Justice Minister Patrick Chinamasa declaring that the Tribunal’s rulings
were ‘null and void’. The High Court then ruled that the Tribunal’s orders
on land reform have no authority in Zimbabwe, despite the country being a
signatory to the SADC Treaty.

Chegutu farmer Ben Freeth, who heads the SADC Tribunal Rights Watch group,
told SW Radio Africa on Thursday that there are serious concerns over the
motives behind SADC’s decision. Freeth and his father-in-law Mike Campbell
led the farmers Tribunal case against Mugabe’s government in 2008. He said
on Thursday that the decision to review the mandate of the court is a
serious threat to SADC’s credibility.

“The net result of this is that justice gets delayed, and justice delayed is
justice denied,” Freeth said.

Freeth and Campbell still have outstanding legal matters in the Tribunal,
but despite assurances that the court hasn’t been suspended, one of the
farmers’ cases has already been delayed. Freeth explained that he’s already
received a letter from the Tribunal’s registrar to say that their case,
meant to be heard next, has been indefinitely delayed.

“Nobody really knows what is going on and even the Tribunal staff was
shell-shocked when I spoke to them,” Freeth said. “At the end of the day it
seems like politics is trumping justice.”

The Zimbabwe government’s refusal to honour the ruling has also affected a
number of South African farmers, who are still facing intimidation and
persecution by land invaders in Zimbabwe. Those farmers eventually turned to
the South African courts to try and have the SADC Tribunal ruling enforced.
The South African courts this year set a precedent by recognizing the SADC
decision as being enforceable, ruling in favour of the farmers.

The farmers have been represented by South African civil rights initiative
AfriForum. The group legal representative, Willie Spies, told SW Radio
Africa on Wednesday that the decision to suspend the SADC Tribunal was “a
source of serious concern.” He warned that it is “very bad news” for the
Southern African region if disregard for the rule of law is supported in
this way.

“We do not want to be sending a message from Africa that we are disregarding
human rights. We do not want to send a message that the rule of law is being
tramped on when it does not suit the rulers in power,” Spies said.

 


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Abducted MDC Officials Dumped At A Police Station

http://news.radiovop.com

19/08/2010 13:11:00

Harare, August 19, 2010 - The seven abducted members of the Movement of
Democratic Change were found dumped at Catchway police station in Manicaland
province with the officer-in-charge disassociating himself from their
arrest.

MDC-T spokesperson Nelson Chamisa  said they were confident that their party
members were abducted  by the Central Itelligence Officers (CIO) because the
police holding them were  denying  having brought them there.

"The fact that these people were found dumped at a Catchway Valley police
station with the police refusing having brought them there, leads us to
believe that your guess are as  good as ours as to who took them there.

"This continues to be our our biggest problem in this on-going constitution
making process as there are violations of human fundamentals such as freedom
of expression.

"They are not yet free and are still in police custody and we are likely to
find them escape with  funny trumped  up charges. These people were
assertive and vocal at outreach meetings, the reason we
think is why they were arrested," he said.

A well known Zanu (PF) official is said to have accompanied the abductors to
where the MDC supporters were forcibly taken on Monday.

According to MDC-T the seven, Joseph and Tinashe Chikware, Stanley, David
and Wilson Kuretu, John Jiyamwa and Matibiri Nyando were abducted at
gunpoint in Ward 7, Chimanimani East, and Manicaland
province  on Monday by state security agents and a Zanu (PF) Manicaland
provincial member.

The State security agents accused the seven of being too vocal at a
constitution-making outreach meeting held in the area last week.

MDC said eyewitnesses told them that property, which included generators,
solar power and furniture was destroyed by the abductors.
 


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Armed Criminals Raid Zimbabwe Police Station

http://news.radiovop.com/

18/08/2010 20:41:00

Bulawayo, August 19, 2010 - A police station in Zimbabwe's second city,
Bulawayo, was on Wednesday morning raided of its fire-arms in a case
exposing the laxity of security at the country's police stations.

The criminals who raided Nkulumane police station in the early hours of
Wednesday morning made away with six guns from the stations gun cabinet: two
FN rifles, two AK rifles and two pistols.

According to police sources, armed criminals stormed the station when night
duty officers were about to knock off at 6am.

"Police officers at Nkulumane police station who were on night duty at the
time of the incident have been arrested," an informed police source said.

The raid which comes amid rising armed robbery cases in Bulawayo follows has
raised questions over how armed robbers obtain fire-arms despite government
claims that it has tightened its fire-arm licensing processes.

Another police officer who refused to be named added: "We were informed
about the incident this (Wednesday) morning by Superintendent Mashamba
during our daily morning briefings at Cabs Building in Bulawayo.

"Mashamba said the armed criminals stormed the charge office when the
officers in the early hours of morning and took away six guns."

Senior Assistant Commissioner, Wayne Bvudzijena when contacted for comment
could neither confirm nor deny, preferring only to say that he will
investigate the matter. But later he was not reachable as his mobile phone
was off.

Superintendent Oliver Mandipaka also "said he was investigating the issue."
But he was also no longer reachable for comment.

The raid at Nkulumane police station - the first of its kind in a long
time - comes only weeks after Police Commissioner, Augustine Chihuri
indicated that police had adopted a 'shoot and kill' policy when confronted
by armed criminals.

Chihuri had expressed concern over the upsurge in armed robbery cases.
According to police statistics, Bulawayo leads the pack in armed robbery
cases.
 


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Another MDC MP arrested as Masvingo police hunt more

http://www.swradioafrica.com/

By Tererai Karimakwenda
19 August, 2010

Meanwhile the MDC is facing more harassment in connection with the
constitutional outreach in Masvingo. The police at Masvingo central arrested
Jani Varandeni, the MDC MP for Bikita South, on Thursday morning after he
reported there to ask what progress had been made in the case involving
violent attacks by war vet Jabulani Sibanda, who had terrorized the area.
Varandeni signed a warned and cautioned statement and was released on bail
till his court appearance on Monday.

Describing the incident, MDC-T organizing secretary for Masvingo, Tongai
Matutu, said it was a case of the "police turning a victim into the accused".
Matutu, who is also the Deputy Minister for Youth, Gender and Development,
said: "The police are now hunting down MDC activists, members, supporters
and officials left, right and center."

Masvingo Ward 4 councilor, Daniel Muchuchutu, and the director of elections,
Muranganwa Chanyahwa, were arrested on Wednesday and remain in custody in
Masvingo, accused of disrupting a ZANU PF meeting related to the
constitutional outreach program. They appeared in court Thursday morning but
the magistrate said he was not ready for the case. The two were then
remanded in custody until Friday.

Police are reported to be hunting down five more MDC officials who they
claim were involved in the same incident. Their list includes Matutu, Bikita
East MP Edmore Marima, Bikita West MP Heya Shoko, Zaka North MP Ernest
Mudavanhu and Zaka Senator Mishek Marava.

Matutu said the police cannot possibly be looking for him as he is a
minister who goes to work every day and they know where to find him. He told
SW Radio Africa that all five MDC officials on the wanted list would report
to Masvingo central police on Monday.

The MDC official repeated his belief that the arrests are an attempt by ZANU
PF to block them from mobilizing and educating their supporters ahead of the
constitutional outreach meetings in the area. Matutu explained that MDC
activists were being targeted in order to silence them. He advised
Zimbabweans not to let ZANU PF hijack their constitution.

 


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20,000 Zimbabweans face deportation from Britain

http://www.nation.co.ke/

By KITSEPILE NYATHI, NATION Correspondent
Posted Thursday, August 19 2010 at 19:27

HARARE, Thursday
At least 20,000 failed Zimbabwean asylum seekers in the United Kingdom could
be deported before the end of the year as a result of the relative economic
and political stability in the southern African country following the
formation of a unity government.

Britain, Zimbabwe's former colonial master this week sent a fact finding
mission from its Border Agency to Harare to assess claims that the country
is still unsafe for the failed asylum seekers to return.

The UK is one of the many Western countries with a huge population of
immigrants from Zimbabwe who escaped the economic and political turmoil that
began intensifying in 2000.

Others are New Zealand, Australia, Canada and the United States.

Biggest population

The biggest population of Zimbabwean immigrants estimated at over three
million is suspected to be living in neighbouring South Africa.

Thousands were granted asylum in the UK on the strength that they were
supporters of the then opposition Movement for Democratic Change (MDC) led
by Prime Minister Morgan Tsvangirai and were facing persecution by
supporters of President Mugabe's Zanu PF party.

Last year, President Robert Mugabe's fiercest rival joined a unity
government following inconclusive elections the previous year.

An official at the British embassy in Harare Mr Andrew Jones told the
privately owned NewsDay newspaper that findings of the fact finding mission
would be used by the UK Asylum Tribunal in October. "The aim of the mission
is to ensure that the UK Border Agency has the most up to date information.''


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Key Western Diplomats Leaving Zimbabwe

http://www1.voanews.com

Peta Thornycroft | Harare 19 August 2010

Two of the senior Western diplomats in Harare have finished terms of office
in Zimbabwe. Before leaving, they spoke out about the difficulties in
executing their duties during their tenure.

Sweden's recently departed ambassador to Zimbabwe,  Sten Rylander, is well
known to many of the former liberation movements in southern Africa,
particularly the African National Congress, South Africa's ruling party.

Sweden, unlike most other Western countries, supported the ANC financially
and politically for many of the last decades of the anti-apartheid struggle.

He also knew many of the older leaders in President Robert Mugabe's ZANU-PF
party when they were fighting to end white minority rule in the former
Rhodesia.

Speaking at his embassy in Harare days before his departure, Rylender said
he was surprised and shocked when he discovered soon after arriving in
Harare nearly five years ago that he could make little diplomatic progress
with President Robert Mugabe's ZANU-PF.

"I was well known to them and there was an open door and I was very hopeful
at that time that it would be possible to reach results by bridge building,
by more intense dialogue, but I soon discovered you can't build bridges
between Zimbabwe and the international community when they are so divided as
a nation.  They need to build bridges between themselves before they can go
further," he said.

Rylander, who has been in Africa for 20 years said the worst part of his job
was to witness to ZANU-PF's political persecution of the then opposition
party, the Movement for Democratic Change (MDC), including a 2007 assault on
MDC president and current Prime Minister, Morgan Tsvangirai.

"The other thing was the repression and violence - I was not prepared to
condone that," he said. "Remember the events in March in 2007.  Some of us
went out looking for Morgan Tsvangirai because we thought they were killing
him and we went around to police stations to find where he was and we were
castigated at that time, by the government.  I am very proud of what we did
at that time.  I have no regrets."

In the wake of the violence against Mr. Tsvangirai and scores of his
colleagues, then South African president Thabo Mbeki succeeded in persuading
Mr. Mugabe to enter into negotiations with the MDC.  The goal was to ensure
free and fair elections in Zimbabwe. Despite the negotiations, there was
extraordinary political violence against the MDC in 2008 after it narrowly
won the general election.

Mr. Tsvangirai, victor in the first round of the presidential poll, withdrew
from the run-off because of violence against his supporters.  Mr. Mugabe
consequently won the second round uncontested.

However regional leaders, in particular South Africa, did not recognize him
as president.  Negotiations then began in earnest and produced a political
agreement nearly two years ago that led to the formation of the inclusive
government in February last year.

Rylander said he believes Zimbabwe has turned the corner.  And he says, it
is time for the EU and United States to lift travel and financial sanctions
against Mr. Mugabe and his ZANU-PF colleagues and some companies they
control. Rylander says the sanctions are no longer useful in resolving
Zimbabwe's political problems, pointing out that Mr. Mugabe uses them within
Africa against pro democracy voices.

He says he leaves Zimbabwe with hope, but reflects on moments when ZANU-PF
ran a smear campaign against him in the state media. He also has continuing
fears about ZANU-PF violence against its political opponents.

"I have been spending a lot of time trying to understand the culture of
violence in ZANU-PF, and it goes all the way down long before independence
when they had their rifts and discussions, the way they dealt with that was
often to kill people, with violence, they have that history, that's why they
need to deal with it, both them as a party and Zimbabwe as a nation," he
said.

Rylander left Zimbabwe Thursday and retires from Swedish government service
later this year.

Outgoing European Union ambassador Xavier Marchal was presented with a
farming Oscar earlier this month by the Commercial Farmers' Union for what
they said was his outstanding contribution in trying to rebuild Zimbabwe's
depleted farming sector.

An agronomist by training, Marchal admits he became "very involved" during
his term of office in Zimbabwe and understood personally what many white
farmers and their workers had been through during the last ten years of
ZANU-PF invasions of white-owned farms.

"I think Zimbabwe was special for me because I have gone through that,
because I was born in the Congo," he said. "My father had a plantation which
he lost and I witnessed that when I was a teenager so I have been exposed to
that and I think that is the reason I became so involved in Zimbabwe."

Like many other Western diplomats, Marchal says he remains frustrated at the
slow pace of political reforms in Zimbabwe since the inception of the
inclusive government.  Most political analysts in Zimbabwe say political
violence has decreased, but blame Mr. Mugabe for delays in political reform.
Marchal regrets that he leaves Zimbabwe before some key issues of the
political agreement remain outstanding as he says the EU longed for
political stability so it could contribute to Zimbabwe's reconstruction.

"I am a bit sad because I would have wished things to have moved forward
further than that," he said. "In that sense I think I am a little bit
disappointed because a lot of time is wasted.  If people had listened better
or to each other or been a little bit more genuine maybe, things would have
moved faster.  I would have been used better than I was."

Marchal left Zimbabwe a few days ago and becomes EU Ambassador in Ethiopia.
He said before leaving that he will return to Zimbabwe one day.


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Civil Society remains skeptical about implementation of GPA

http://www.swradioafrica.com/

By Tichaona Sibanda
19 August 2010

Members of Civil Society Organisations on Thursday raised doubts about the
one month timeframe given to the three principals to the Global Political
Agreement, to implement 24 out of the 27 issues.

South African President Jacob Zuma, who is the SADC facilitator on Zimbabwe,
presented his report to the summit on Monday and his recommendations were
endorsed and accepted by the full summit.

SW Radio Africa has been told that as part of implementing the 24 agreed
items, Justice Minister Patrick Chinamasa is expected to expedite
legislation for the Human Rights Commission and to immediately begin steps
to establish the Anti-Corruption Commission. He is also expected to deal
immediately with the completion of amendments to the Electoral Act.

Tapiwa Mashakada, the new Minister of Economic Planning, will be tasked with
establishing within a month the National Economic Council, while the Lands
Minister is expected to finalise establishment of a Lands Audit Commission.

Webster Shamu, Minister of Information and Publicity, is to ensure the
appointment of two new and neutral, boards for the Broadcasting Authority
and the Mass Media Trust - again, within a month.

The summit noted three issues were still to be resolved mainly between
Robert Mugabe and Prime Minister Morgan Tsvangirai. These were the
appointment of Roy Bennett as Deputy Minister of Agriculture, plus the
unilateral appointments of Gideon Gono and Johannes Tomana as Reserve Bank
Governor and Attorney-General. SADC reportedly also stated that these three
issues must be resolved within a month.

But McDonald Lewanika, co-ordinator of the Crisis in Zimbabwe Coalition,
cast serious doubt on SADC's assertion that the issues can be dealt with in
one month. Lewanika's comments came after MDC leader Morgan Tsvangirai held
two separate meetings on Thursday with foreign diplomats and members of the
Civil Society Organisations to brief them on the outcome of the Troika
meeting.

Lewanika said; 'From the knowledge that we have, based on history and
practices of this government, it seems almost entirely impossible to
implement the remaining issues within 30 days. But we will wait to see what
happens and hope this time around they will honour the commitments made to
SADC.'

He added; 'But there is nothing for us to be happy about as we all know SADC
is in the business of making resolutions with very little implementation
taking place, where Zimbabwe is concerned.'

SADC has on many occasions shown an unwillingness to rein in Mugabe when
ever he fails to comply with their resolutions, leading many analysts to
believe the regional body takes sides with the ZANU PF leader.

Although the principals, Robert Mugabe, Morgan Tsvangirai and Arthur
Mutambara, have agreed to implement the remaining issues in the GPA, ZANU PF
party's deep-seated desire to have the targeted sanctions removed first will
no doubt delay implementation once again.

Dewa Mavhinga, a civil society activist said;'Sanctions were imposed by
Western countries and not the MDC. Issues contained in the GPA are all home
grown that have nothing to do with sanctions. Implement the GPA and those
who imposed them will feel oblidged to repeal them.'


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MDC Copac teams resolve to cancel meetings in violent areas

http://www.swradioafrica.com/

By Tererai Karimakwenda
August 19, 2010

Violence related to the constitutional outreach exercise has become so
severe in Manicaland that MDC officials on the teams have resolved not to
hold meetings in the affected areas. MDC Senator Patrick Chitaka, who is
part of the constitutional outreach team in Manicaland, said several MDC
members have been hospitalized after attacks when they spoke out in outreach
meetings. Reports have been made to the police and details provided of some
of the perpetrators, but as usual there have been no investigations or
arrests.
The news comes as police at Cashel Valley in Manicaland released five of the
seven MDC activists who were abducted at gunpoint by Central Intelligence
Organisation operatives in Chimanimani East on Monday.

A statement from the MDC on Thursday identified the five released activists
as Joseph and Tinashe Chikwari, and Stanley, David and Wilson Kuretu. They
had been charged with the crime of "disturbing peace" after speaking at a
Copac meeting in the area, and were released after paying a $10 fine each.

The two MDC activists who are still in custody at Cashel Valley are John
Jiyamwa and Matibiri Nyando. The MDC statement said that they are being
denied access to food, legal services and medication. Noone has been allowed
to visit them and a source within the police department said the group had
been assaulted.
On Thursday MDC Senator Patrick Chitaka told SW Radio Africa that he had
also just received reports that soldiers from 3 Brigade were being mobilized
to be shipped to outreach meetings in Nyanga. He said that the party would
not let its members be brutalized and meetings at those venues would also be
cancelled.
 


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Rwanda Wants UN To Act On Zimbabwe

http://news.radiovop.com

19/08/2010 13:08:00

The Rwandan government says the United Nations tribunal on the Rwanda
genocide should spring into action and take Zimbabwe to task on the
suspected presence of a wanted genocide fugitive believed to be staying in
the southern African country.

Rwanda's Prosecutor General Martin Ngoga said the International Criminal
Tribunal of Rwanda (ICTR) should move and bring Proitas Mpiranya to book.

"Mpiranya is one of the most notorious fugitives wanted by the ICTR. We didn't
know that he was in Zimbabwe and it is very interesting to know that he is
there. The ICTR should use this opportunity to bring
him to book," Ngoga told Rwanda's official daily.

He said the developments should trigger the ICTR into action and bring,
Mpiranya, one of the most wanted persons in connection with the genocide.

Mpiranya was head of the presidential guard that is blamed for organizing
and executing the genocide that claimed the lives of close to a million
Rwandans of Tutsi origin.

The Rwandan Prosecutor General was reacting to reports that Mpiranya was
believed to be staying in Zimbabwe's fishing town of Norton.

Security sources told Radio VOP this week the Mpiranya was comfortably
staying in the town, just outside Harare despite being on the list of the
most wanted persons.

Mpiranya led a Rwandan rebel group comprising remnants of the defeated Hutu
government army that operated in the eastern DRC since 1994. The rebel group
later worked with the Allied forces during the Congo war between 1997 and
2001.

The Allied forces comprising Zimbabwe, Angola and Namibia were deployed to
halt an insurgency by DRC rebels supported by the armies of Rwanda and
Uganda.

Mpiranya, sources said, was instrumental in supplying strategic information
about the Rwandan military and also mobilized and trained Rwandans in
refugee camps in eastern DRC to fight against the Rwandan army.

The sources said after the Congo war Mpiranya went to Zimbabwe with the
blessings of top Zimbabwean commanders.

Meanwhile, Rwanda has dismissed reports its secret agents sneaked into
Zimbabwe to arrest or kill fuguitives of the 1994 genocide staying in
Zimbabwe.

"The claims are totally false and malicious and I don't know who initiated
them and their motive. The allegations should be held in contempt. This is a
story that could have been initiated by the fugitives themselves," Ngoga
said.

"For us, we pursue fugitives through indictments and arrest warrants issued
through Interpol. We are a government which does not deploy bandits in
another country to pursue the people we want. We do things in a conventional
way and that's how we have arrested all the other genocide fugitives."

Ngoga said that if Rwanda was to do so it would consult the government of
Zimbabwe, adding that what is reported is just a ploy initiated by the
fugitives.
 


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US Sanctions On Zimbabwe To Stay

http://news.radiovop.com

18/08/2010 20:44:00

Harare, August 19, 2010 - The United States Ambassador to Zimbabwe Charles
Ray on Wednesday said sanctions on Zimbabwe will remain until conditions
that led to their imposition are removed.

A fortnight ago, a US senator, Jim Inhofe who is also a member of the Senate's
Foreign Relations Committee introduced a bill that proposes to repeal the
Zimbabwe Democracy and Recovery Act of 2001.

Inhofe said his Zimbabwe Sanctions Repeal Act of 2010 was motivated by the
positive changes brought about by the formation of the unity government last
year between President Robert Mugabe and his former rivals.

The bill was the third such proposal brought before the American congress
and Senate since the formation of the unity government and the proposed
legislation had brought a glimmer of hope that the sanctions will soon be
lifted.

Prime Minister Morgan Tsvangirai has also called for the restrictions to be
eased to reward the progress made by the inclusive government.

But Ray told an editors roundtable in Harare that the bills that have been
proposed by different senators and congressmen did not reflect US policy
towards Zimbabwe.

He said although the sanctions were under constant review, the decision to
remove them would be influenced by progress in the implementation of the
Global Political Agreement (GPA) and respect for human rights.

"It is safe to say they (sanctions) will remain in place until there is real
and tangible reforms that benefit the people of Zimbabwe," Ray said.

He said there was no guarantee the three bills that had been proposed would
lead to the lifting of the sanctions.

US President Barrack Obama recently bemoaned President Robert Mugabe's
reluctance to fully implement the GPA.

Ray said the mere introduction of the bill to Senate or Congress did not
amount to concrete steps to remove the sanctions.

He explained that for the bills to become law they will go through several
complex stages that take time and a lot of scrutiny.
 


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Zimbabwe Farm Workers Union Says Intimidation Rampant in Rural Consultations

http://www1.voanews.com

GAPWUZ spokesman Tapiwa Zivira said farm workers, especially those from
Mashonaland Central and West, have been forced to voice certain positions
and are being silenced on issues having related to land

Patience Rusere & Jonga Kandemiiri | Washington 18 August 2010

The General Agricultural and Plantation Workers Union of Zimbabwe has voiced
concern at what it says are high levels of intimidation and harassment in
constitutional outreach meetings in Mashonaland farming areas.

GAPWUZ spokesman Tapiwa Zivira said farm workers, especially those from
Mashonaland Central and West, have been forced to voice certain positions
and are being silenced on issues having related to land.

Zivira told VOA reporter Patience Rusere that GAPWUZ farm workers are
particularly vulnerable because there are many war veterans in rural areas
due to their involvement in the farm takeovers of the past decade.

Elsewhere, the parliamentary select committee on revision of the
constitution said it will public deploy outreach teams to prisons to give
persons in incarceration a chance to contribute to the process.

Select Committee Co-Chairman Douglas Mwonzora told VOA Studio 7 reporter
Jonga Kandemiiri that teams will visit prisons in September, when they will
also be holding urban outreach meetings in Harare and Bulawayo.

From Matabeleland, the Bulawayo Agenda, a non-governmental organization,
reported stronger attendance at an outreach meeting in Banyandavu, Lupane,
on Wednesday, than in many other parts of Matabeleland North. The group
reported a strong call by dual citizenship, who say most of their relations
now live outside Zimbabwe.

The Bulawayo Agenda reported apparent fear and intimidation at Silongwe,
Gwanda, Matabeleland South, where a handful of people dominated discussions.
The group noted people in public outreach sessions were looking to  certain
individuals to make statements, while villagers had little to say about
traditional leaders who dominate rural life.


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Zimbabwe Diamond Activist Maguwu Nominated as Kimberly Civil Society Contact

http://www1.voanews.com

The National Association of Non-Governmental Organizations said the
so-called civil society focal point will include a technical committee of
groups lobbying and advocating on Marange diamonds and other natural
resources

Sandra Nyaira and Gibbs Dube | Washington 18 August 2010

Zimbabwean civil society organizations have named Farai Maguwu, director of
the Mutare-based Center for Research and Development, to represent them as
Kimberly Process investigations continue in Zimbabwe.

State prosecutors are currently prosecuting the activist on charges that he
published or communicated falsehoods prejudicial to the state in connection
with the controversial Marange diamond field of Manicaland.

The National Association of Non-Governmental Organizations said the
so-called civil society focal point will include a technical committee of
groups lobbying and advocating on Marange issues and other natural
resources.

The appointment awaits approval by the Kimberly Process. If approved as
civic focal point, Maguwu will work with Kimberly monitor Abbey Chikane, who
came under fire from civic activists two months ago for surrendering
documents he had received from Maguwu to the Harare government, ultimately
leading to Maguwu's prosecution.

But Maguwu told VOA Studio 7 reporter Sandra Nyaira that working with
Chikane will not be a problem for him.

Elsewhere, Environment Minister Francis Nhema said the government is
planning to ban imports of second-hand cars to protect the environment from
high carbon emissions and save lives. Press reports quoted Nhema as saying
that some countries are dumping second-hand vehicles in Zimbabwe that exceed
legal emissions.

Nhema said the ban will revive the battered local motor vehicle industry
following a decade of contraction in the key industrial sector. But skeptics
said banning second-hand vehicle imports will erode Zimbabwe's revenue base
and cripple the massive informal motor vehicle industry and downstream
sectors.

Sam Ncube, national vice president of the Affirmative Action Group, told VOA
Studio 7 reporter Gibbs Dube that the proposed ban is ill-timed as most
businesses cannot afford locally assembled cars. But economist Eric Bloch
said the proposed ban will in fact boost the local motor vehicle industry
and contribute to state coffers.

Zimbabwe National Chamber of Commerce President Trust Chikohora said the
government should consult businesses before crafting a law targeting imports
of second-hand vehicle.


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Milk reserves low

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

Written by Rebecca Moyo
Wednesday, 18 August 2010 10:55

HARARE - The 3,7 million litres of milk currently being produced each month
falls below monthly demand estimated at an average of 5,5 million litres,
Dairibord Holdings Limited has said.

Announcing the group's interim results for June 30, Dairibord said milk
intake increased by 21% in comparison to the same period last year, with
Dairibord Zimbabwe Private Limited recording a 33% increase.

Dairibord is now benefiting from the raw milk volume and quality incentive
schemes put in place mid 2009. The group said that the 8% intake decline at
Dairibord Malawi was due to increased competition for the raw milk due to
the emergence of new players.

In order to give impetus to organic growth, improve market coverage and
close market gaps, the group is on course with regards to the implementation
of capital projects in constrained product lines. These investments are
aimed at improving capacity, enhancing revenue and containing costs.

The last six months were e encouraging for the milk processor as it managed
significant volume growth in all areas. Board chairman Tim Chiganze said
that the group's performance was pleasing given the operational challenges
in the economy.

"Turnover was US$31,38 million, representing a 93% increase over the same
period last year," he said.

Dairibord has since disposed of its 17% holding in Interfresh as part of the
company's strategy to realign the business and focus on core business
activities for optimal value creation. Dairibord intimated that the current
constraints in the operating environment are likely to persist in the second
half of year especially regarding liquidity challenges and erratic supplies
of utilities.


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Mugabe Keeps Air Zim Plane In Namibia

http://news.radiovop.com/

18/08/2010 20:38:00

Windheok, 18 August 2010 - An Air Zimbabwe Boeing 767 long haul was parked
for three days at Windhoek's Hosea Kutako International Airport waiting for
President Robert Mugabe who was attending the 30th SADC heads of States and
government meeting that ended Tuesday.

Mugabe flew into Namibia at the weekend from China where he attended the
Zimbabwe Day at the Shanghai Fair and later took time to go on a shopping
spree in Hong Kong.

The Air Zimbabwe plane which normally flies to London was expected to fly
back home Tuesday evening at the end of the summit which was celebrating its
30th anniversary this year.

The plane was parked on a section of the airport allocated to presidential
jets of regional leaders. Next to the Zimbabwean big bird was South African
President, Jacob Zuma's plane which is operated by the South African
Airforce and a jet belonging to the Democratic Republic of Congo (DRC)
president Joseph Kabila.

President Mugabe has been accused in the past of commandeering scheduled Air
Zimbabwe planes for private and state visits, in and out of the country.
However Air Zimbabwe Officials have always maintained that whenever the
president travels he charters the aircraft.
 


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Mugabe’s workers sent on unpaid leave

http://www.thezimbabwean.co.uk

Written by Jane Makoni
Wednesday, 18 August 2010 15:17

MAZOWE - Workers at the Mugabe family’s Gushungo Dairy Farm have accused
their employer of unfair dismissal. Both permanent and seasonal workers said
they were sent on forced unpaid and indefinite leave a fortnight ago.

“We wonder who will protect farm workers against exploitation by employers
when even the first family abuses its workers. Two weeks ago more than 50
workers at the Dairy Project and others employed in the fields were ordered
to stay at home as ‘business was low’ at the farm. Affected workers would
not be paid monthly wages and their food rations were ceased. They were
instructed to stay put in the compound and would be called for duty possibly
at the start of the next farming season,” said a source at the farm.

The workers would find life very difficult as they had no other source of
income, he added.

“Working conditions at the farm are hostile. A brutal police officer,
Mupambi, was reportedly transferred from Bindura to harass and discipline
‘mischievous’ farm workers. He would put accused workers in hand-cuffs,
remove their shoes and beat them under the feet. Workers earn an average $40
per month. We thought since the farm operated on a commercial basis and was
owned by the head of state, wages would be higher,” commented a businessman
at Mazowe Shopping Centre.

He said there was no school at Gushungo Farm, and this, combined with the
poor wages  forced many children out of school and onto the farm as child
labour.

The staff compound is old and ramshackle and has no electricity. Workers use
firewood and candles for cooking and lighting.

Workers said they never saw President Robert Mugabe at the farm and doubted
whether he was aware of their misery.  His wife, Grace, reportedly visits
the project every week and runs the farm.

The farm manager, identified as Nhare, could not be reached for comment as
his mobile phone was continuously unavailable.

Grace Mugabe has been a major beneficiary of the chaotic and
corruption-riddled land “reform” in Zimbabwe. Her properties total about
12,000 acres, but her most important is Gushungo Dairy Estate, formerly
known as Foyle Farm, in Mazowe.

Other dairy farmers, who have also been forced off their land, said that the
previous owner of Foyle faced a campaign of violence over several months in
2003 until he was forced to sell his property to the Agricultural Rural
Development Authority (Arda) for a fraction of its worth.

Grace has built a new residence on the farm, remodelled the original
farmhouse and constructed an office block, workers said. The dairy produces
6,500 litres of milk a day, according to The Herald, which is only about 35
per cent of its output under the previous owner, who produced 6.5 million
litres a year, more than any other dairy in Zimbabwe.

Last year, The Zimbabwean established that Guth South Africa had supplied to
the Mugabes a large-scale dairy plant, believed to cost US$13,5million, to
process the milk.


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Threats escalate, abuse worse

http://www.thezimbabwean.co.uk

Written by Tony Saxon
Wednesday, 18 August 2010 12:56

MUTARE - Civil society organisations here have warned of worsening human
rights abuse at the hands of state security agents, explaining that there
has been an escalation in the number of threats, intimidation and harassment
against people perceived to be against the Kariba Draft in the on-going
constitution outreach programmes.

The concerns were raised by the Zimbabwe Lawyers for Human Rights (ZLHR) and
the Zimbabwe Human Rights Association (ZimRights).

ZimRights told The Zimbabwean this week that MDC supporters in Mutare had
received a series of verbal threats from secret agents, warning them against
contributing views against Zanu (PF) in the constitutional outreach
programmes.

Last week, some facilitators belonging to Zimbabwe Peace Project were
arrested for allegedly holding meetings in the rural areas within the
periphery of Mutare city.

Moses Daka of ZLHR said: "We call upon the responsible authorities,
including the Ministry of Defense, to penalize these elements without fear
or favour," added Daka.

Human rights group Amnesty International this week expressed its concerns
about worsening human rights abuses in Manicaland and other parts of the
country during the ongoing outreach exercise.


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Dabengwa's sidekicks accused of rigging ZAPU elections

http://www.thezimbabwemail.com/

19 August, 2010 09:50:00    News Day

BULAWAYO - Controversy has dogged the revived Zapu party ahead of its
congress at the end of the month following allegations of manipulation of
the voting process during the party's elections for the Bulawayo provincial
executive.
Sources in the party said members of the party's council of elders were
manipulating the electoral process and imposing their choices on party
members.

Members of the council of elders are said to have subverted set and agreed
electoral processes and instituted new processes that were deemed
undemocratic.

The sources told NewsDay the party's Bulawayo province had unanimously
agreed the elections would be conducted by way of secret ballot.

However, the council of elders, reportedly led by former Zanu PF politburo
member, Thenjiwe Lesabe, changed goalposts and ruled the elections would be
conducted by show of hands.

"Lesabe and some other people had their own people whom they wanted to be
part of the national executive," said a source. "The reason is that they
want to have a specific outcome of the national executive election and doing
so ensures and assures them that their intended outcome will be guaranteed."

Newsday was told that given the manipulation of the nomination process,
there was high likelihood the party could be hijacked by some Zanu PF
members disguised as Zapu members.

"These so-called Zapu council of elders want to destroy the party," another
source said. "All they have done is to fill up the posts with those people
who have come from Zanu PF." -News Day


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More woes for Zimbabwe's Marange diamonds

http://www.sabcnews.com/

  August 19 2010 , 6:50:00

Thulasizwe Simelane, Harare

The controversy surrounding Zimbabwe's Marange diamonds seems not to go away
as a United Kingdom diamond retail group, Master-Cut, is reported to have
entered the fray by banning all Zimbabwean diamonds from being used in its
jewellery.

The company is said to be calling on its competitors to follow suit. The
decision comes hot on the heels of a decision by the American diamonds
purchasing group, Rappaport, to prohibit its members from trading in the
Marange gems.

The international diamond watchdog has given its seal of approval, but some
quarters still have reservations. Zimbabwe Mines Minister Obert Mpofu says
the Kimberly Process is dealing with credible institutions such as the World
Diamond Council, so they didn't lose sleep as a result of surfacing agents
of detraction.

Mpofu says they are aware that organisations such as Rappaport are a front
for some of the people who feel challenged by the Zimbabwe involvement. The
Zimbabwean Government says the boycotts are unlikely to affect demand for
the country's alluvial gems, with a second supervised sale penciled for
early next month.

But, economists warn that the boycott could take away the incentive for
Zimbabwe to keep complying with Kimberly standards. According to Retlaw
Matorwa of the Zimbabwe Economic Society, the latest developments might
force Zimbabwe to explore other avenues of selling their diamonds.

The first phase of sales saw some 900 000 carats go under the hammer for
about $72 million. In terms of an agreed formula, government is to pocket
50% of the net proceeds, plus an extra 10% in royalties. Such revenue is
sorely needed for development.


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Shamu launches media black out on Mangwana

http://www.zimeye.org/?p=21052

By A Correspondent

Published: August 19, 2010

Harare  -  Information and Publicity Minister Webster Shamu who is also
ZANU-PF national  political commissar  has launched a media black out on
ZANU-PF COPAC chair Paul Mangwana as factionalism deepens within the
revolutionary party.

Highly  placed sources at the state controlled  Herald newspaper said the
ban on Mangwana  comes after  he (Mangwana) recently  engaged the editorial
team complaining  about negative  publicity  of COPAC activities  by the
state controlled  media.

Mangwana  was some few  years  back chased  out  of Mashonaland west
province  where  he  had relocated  from his  Masvingo  rural  home.

The eviction was orchestrated by the ZANU-PF Mashonaland west top officials
including Webster Shamu because Mangwana was gaining political support in
the area.

"We were told not to quote him in COPAC stories despite him being one of the
chairpersons. We would rather use MDC-T COPAC co-chair Douglas Mwonzora's
quotes because we were told Mangwana was becoming bigger than his shoes,"
said the sources.

The sources  added  that Mangwana wanted to get  more  popular  than anyone
else  in the  party  because  of  'his COPAC' business.

Mangwana acted on several occasion as the Information Minister and according
to the sources Shamu was feeling threatened by his publicity through COPAC
activities that President Mugabe would promote him to that ministry.

Addressing journalists  at the official  launch  of COPAC website  in Harare
on Tuesday  Mangwana  said the  parliament  led constitution making body
was worried  with negative  publicity  it was  getting from the  local
media  including ZBC and the Herald.

"After realizing that most  of  our activities were being ignored  by the
state media I  engaged all the editors and  lodged a complaint and after the
Herald used COPAC stories as fillers placed inside the newspaper and I know
what  this  means  as a  former Information Minister," he  said  on the
sidelines of his official address.


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Mwonzora approaches Nyanga ZANU-Pf leadership over political violence

http://www.zimeye.org/?p=21048

By Gerald Chateta

Published: August 19, 2010

Nyanga  -  Nyanga North legislator Douglas Mwonzora has appealed to the
district  ZANU-PF leadership over continued harassment of  villagers by
deputy Energy and Power Development Minister Hubert Nyanhongo's youths  who
are residing  in bases  they are  resisting to dismantle in the entire
district.

"I have engaged the ZANU-PF DCC chairperson Mr Mosses Gutu and  Nyanga war
veterans  leader Mr Nyakatawa  and I have  personally visited them to
discuss how best we  can bring  peace in the  area and  they have promised
to cooperate.

"I  have  not  been able to talk to Honourable  Nyanhongo because  I view
him as the  aggressor, "Mwonzora told Radio VOP  in an interview.

He  said early this week while he was addressing a  rally at  Nyamadowa
business centre scores of rowdy ZANU-PF youths who were armed  with axes
threatened to disrupt his lawfully  sanctioned meeting.

" When I was  holding a  constituency meeting scores of ZANU-Pf youths
belonging to  Energy  and Power  Development Deputy Minister Hubert
Nyanhongo came holding  axes  and  threatened to ban the  meeting  which  I
was addressing despite  it  having been sanctioned  by the police. I am
happy to say that they were subdued by the villagers and arrested by the
police, "he said

Hubert Nyanhongo who is the current Harare South ZANU-PF legislator is said
to be relocating to Nyanga North constituency where he is unleashing
violence against MDC supporters in preparation for the next election.

Efforts to get a comment from Honourable Hubert Nyanhongo were fruitless as
his mobile  phone was not reachable.

Mwonzora  said  he was  not  happy  by the continued existence  of ZANU-PF
bases  in the area  and called  on the police  to apply the law
indiscriminately.

"We  still have a  problem in the area,  where  there  is  still selective
application of the  law by the  police  because  these rowdy  youths  were
immediately  released without being charged.

"The  other  challenge  we are  having  in the area since the establishment
of  bases by Nyanhongo is that villagers  have  vowed not to tolerate any
lawlessness, after seeing that the police  are not defending them, they
have  said they are  going to defend themselves, "complained Mwonzora.

ZANU-PF has been using youths to perpetrate violence on MDC supporters.
Prime Minister Morgan Tsvangirai is on record for calling for a complete
overhaul of the police force so that it becomes professional.


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MDC advises caution on elections

http://www.zimonline.co.za/

by Tobias Manyuchi Thursday 19 August 2010

HARARE - Prime Minister Morgan Tsvangirai's MDC party has called for caution
on fresh elections in Zimbabwe, where the last vote two years ago ended in a
stalemate amid violence that killed at least 200 of the party's supporters.

Reacting to recommendations by the just ended southern African summit for
Zimbabwe's coalition partners to end their power-sharing dispute in order to
clear the way for elections to choose a new government, the MDC said they
were various measures including enacting a new constitution that have to be
implemented before a new vote.

"There are so many things that have to be done before the elections and
after the elections. The last six months after the elections are very
dangerous, we saw this in 2008," party secretary general Tendai Biti told
journalists in Harare.

A communiqué released by Southern African Development Community (SADC)
leaders at the end of their summit on Tuesday called on the Zimbabwe parties
to conclude implementation of their power-sharing deal and complete the
writing of a new constitution that should ensure free and fair elections.

The communiqué did not say by when the MDC and President Robert Mugabe's
ZANU PF party should have resolved their political dispute or when exactly
Zimbabwe should hold new elections.

However, a report on the political situation in Zimbabwe presented to
regional leaders by South African President Jacob Zuma said the Harare
coalition partners must resolve their differences within 30 days, complete
the drafting of a new constitution as a prelude to the holding of elections.

Zuma is the SADC's mediator in the Zimbabwe inter-party dialogue. He has
long been known to favour a new vote as the best way to end the political
crisis in his northern neighbour.

Biti, who said his party was cautiously happy with the outcome of the SADC
summit, said: "If SADC and the people of Zimbabwe are able to implement the
recommendations of the facilitator .. I think that we can achieve the
transition (to more political stability and democracy."

Zimbabwe's last polls in 2008 polls were inconclusive and triggered a
political stalemate that threatened to plunge the country and the entire
region into turmoil.

The political crisis only eased after Mugabe, Tsvangirai  and Arthur
Mutambara, who heads a smaller opposition party, bowed to pressure from SADC
to form a power-sharing government in February last year.

The unity government has been able to stabilise the economy but it has
failed to end political violence or pursue a faster programme of democratic
reform, while an unending squabble between Mugabe and Tsvangirai (Prime
Minister) over how to equally share executive power has been a destabilising
factor.

Both Mugabe and Tsvangirai have on different occasions in the past few
months called for a fresh vote in 2011, saying this was the only way to
resolve their power-sharing dispute.

But analysts say next year is too early for elections in a country where the
voters' roll remains chaotic and inaccurate while an exercise to write a new
constitution that should ensure a free and fair vote has been delayed by
several months and even then continues to progress at a snail's pace. -
ZimOnline.


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South Africa’s road to Zimbabwe

http://www.ft.com

Published: August 18 2010 23:20 | Last updated: August 18 2010 23:20

There is nothing that upsets South Africa’s leaders more than the suggestion
that their country could become another Zimbabwe. But government-backed
proposals for a new law aimed at muzzling the South African press positively
invite the comparison. If the Protection of Information Bill, now before
parliament, becomes law, South Africa will have crossed a dangerous
threshold towards a corrupt, dysfunctional and impoverished autocracy.

It is true that the ruling African National Congress (ANC) gained a large
majority in democratic elections. But democracy is about more than voting.
It also requires a free press and an independent judiciary; particularly in
a country such as South Africa, where a single party is deeply entrenched in
power. The South African judiciary is still independent, but some recent
senior appointments have smacked of cronyism.

The newspapers, however, have done a good job recently in exposing
corruption and highlighting questionable interventions by the government.
These include the diversion of mineral and prospecting rights into the hands
of people with connections to the ANC, including family members and friends
of President Jacob Zuma.

Big foreign investors such as ArcelorMittal and Lonmin have been subject to
decisions that seemed designed to drive them out of lucrative lines of
business, or to force them to pay off well-connected locals. The ultimate
losers in deals such as these are poor South Africans, who pay a price in
lost investment and lost jobs.

The proposed new press law comes amid increased harassment of local
journalists, and alongside a proposal for a new official media tribunal. The
law seems a perfect tool to stop exposure of corruption. It would give
ministers wide powers to classify information as secret, and cover not only
matters affecting state security, but also commercial information that “if
released publicly would cause financial loss or competitive or reputational
injury” to affected parties. Somebody convicted would face up to 25 years in
prison.

The Protection of Information Bill could be made less damaging if it were
amended to allow defendants to argue that they were publishing “secrets” in
the public interest – at present there is no such provision. The definition
of a secret could also be more tightly focused on national security.

But these are mere palliatives. The South African government should withdraw
this appalling law in its entirety.


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Tearful Gamu wows 'X Factor' judges

http://www.digitalspy.co.uk/

Thursday, August 19 2010, 18:37 BST
By Alex Fletcher, Reality TV Editor

A tearful Gamuchirai Nhengu stunned the X Factor judges at her audition,
which will air in this weekend's opening episode of series seven.

Nhengu, who moved to Scotland from Zimbabwe in 2005, appeared at the Glasgow
try-outs, where she sang her own unique version of 'Walking On Sunshine'.

Speaking before her audition, the 18-year-old hopeful explains that she
wants to be remembered as "somebody that people talk about", before
revealing that she is desperate for a pop career to pay back her single
parent mum.

After her performance, Simon Cowell gushes with praise, telling her that she
sounds like a "cool old-school jazz singer from the '20s or '30s".

"To be honest with you, that is one of my worst songs ever, but you did
something different with it. I really, really, really like you! You are very
talented," he adds.

Louis Walsh describes her as "soulful" and "likeable", while Cheryl Cole
admits that her performance made her "really excited". Guest judge Geri
Halliwell tells a tearful Nhengu that her mum will be "proud" of her
performance.

The X Factor starts on Saturday at 7.30pm on ITV1.


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Constitution Outreach: News Round-Up, 13 August – 19 August 2010

http://www.sokwanele.com/thisiszimbabwe/archives/5944
 

Reminder: Please send a blank email to survey@sokwanele.com to receive an auto-respond reply with information on how you can participate in Sokwanele’s constitution survey. Alternatively, complete the survey online at www.sokwanele.com/zimbabweconstitution/survey. The following are media extracts relating to the constitution outreach process, appearing between 13 August – 19 August.  To review previous news items, or follow updates daily, please visit the Constitution Resource page on the Sokwanele website. Please note that links to sources and full articles are also available on the resource page. These extracts are being emailed to our subscribers today – click here to sign up for our newsletter.

13 August 2010 – cont

SMS news message throws Manicaland CIO into panic

Members of the Central Intelligence Organization who were terrorizing villagers in Manicaland Province have removed registration numbers from their cars, after an SW Radio Africa SMS news alert on the 6th August. The SMS exposed the names of officers involved in the violence and gave the registration numbers of the cars used. The alert exposed the use of a white Nissan double cab ABM0196 used by a CIO officer identified as Shingi, ABM0155 used by the Officer in Charge of Chipinge CID known as Chizemo and another similar truck ABM0203, used by a CIO known as Matake. On Friday Makoni South legislator Pishai Muchauraya told Newsreel; ‘After that exposure by SW Radio Africa the CIO’s involved in that violence removed the number plates of the cars operating in Chipinge. They also confronted some of our members, including some drivers, asking us why we are putting them on the internet including their registrations numbers and names.’ The identified CIO officers were moving from village to village ahead of constitutional outreach meetings and terrorizing known MDC supporters. The campaign is part of moves by ZANU PF to silence any opposition to a draft constitution supported by Mugabe’s regime. The CIO’s named were particularly active in the Chipinge, Chipinge South and Musikavanhu constituencies [Via SW Radio Africa].

Copac demands cash control

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.” [Via The Zimbabwe Independent].

14 August 2010

Villagers’ assault causes abandonment of COPAC meeting

A Constitution Select Committee (COPAC) outreach meeting was on Saturday 14 August, 2010 abandoned in Chipinge, Manicaland Province after some ZANU PF youths assaulted two villagers prior to commencement of the meeting. The COPAC meeting was scheduled to be held at Checheche Primary School The villagers Charles Chovi and Charles Chunje were assaulted by some ZANU PF youths at Checheche Primary School, who were led by Tonderai Ngwendu and Gilbert Kombo, who used benches, boots and clenched fists. The two villagers were accused of sitting on some benches which had been set up before the arrival of the COPAC team members for a meeting to solicit people’s input into a proposed draft constitution. ZZZICOMP monitors who witnessed the incident reported that Chovi and Chunje sustained some injuries on their bodies and on the ear and sought medical attention at St Peters Hospital. The COPAC meeting was called off after some villagers protested that the meeting could not proceed as some of them had been assaulted and intimidated before the arrival of the COPAC team members. Ngwendu and Kombo were fined by the police at Chisumbanje Police Station, who also asked Chovi and Chunje to pay an admission of guilty fine for engaging in public fighting. Honourable David Chimhini confirmed the assault and the abandonment of the meeting. He said it was evident that some villagers had been intimidated before the arrival of the COPAC team and his team had to postpone the meeting to a date to be advised as tension was high at the meeting [ZZZICOMP Press Release].

15 August 2010

Copac to reach out to prisons

THE Constitutional Parliamentary Committee (Copac) outreach teams will be deployed to the country’s prisons to allow prisoners the opportunity to have their input into the constitution-making process that is currently under way, an official has confirmed. In an interview with the Sunday News last Friday, Mr Douglas Mwonzora, one of the co-chairpersons of Copac, said outreach teams would soon be deployed to the country’s prisons to gather the views of the prisoners. His comments, put to rest speculation and a mist of conjecture and controversy that has been shrouding the subject with some experts saying prisoners were not supposed to be consulted as they are not going to vote in the referendum. Mr Mwonzora said it was the constitutional right of every citizen of the country, prisoners included, to input into the making of the supreme law that would govern them after serving their correctional sentences. “The making of a constitution is a right of every citizen. A prisoner is a citizen in a distinct situation and by virtue of them being citizens they are going to be accorded the opportunity to input into the new constitution. They of course may not be accorded other rights but on that one they have every reason to participate. “We will therefore be making efforts to ensure that they are reached out in their respective prisons all over the country and have their views gathered like anyone else,” he said [Via The Sunday News - state-controlled media].

Matabeleland South communities praised

Political parties in Matabeleland South region have hailed communities in the province for displaying a high level of maturity during the ongoing constitution-making process. In separate interviews, the chairpersons of Zanu-PF and MDC echoed the same sentiments although they said there were challenges that needed to be addressed before the programme started. Speaking in a telephone interview from Filabusi on Monday last week, Comrade Andrew Langa, who is the chairperson for Zanu-PF Mat South province, said people from his region revealed that they are masters of their own destiny by contributing meaningfully during the ongoing outreach programme conducted by the Constitutional Parliamentary Committee (COPAC). “We have been to Esigodini, Insiza and Gwanda, I tell you people were airing their constitutional views without fear or favour, a development which shows that our people have come of age and have really shown political maturity [...] MDC chairperson for Mat South, Mr Moses Mzila Ndlovu, said he was not part of the outreach teams but had observed the process. “I am not part of the teams doing the outreach programme but as a chairperson, there are a few things that have come to my attention. “The people of Matabeleland South are freely contributing to the constitution-making process, however, of concern to us as people of this region is the turnout which is disappointing. “People are coming in smaller numbers and I think we should have done enough civic education because if we say the programme is people driven yet the ordinary people cannot ‘drive the constitution vehicle’ we will not get the intended results,” he said [Via The Sunday News - state-controlled media]

16 August 2010

Villagers devise whistling scheme to combat war vets

Fearful villagers in Chipinge and Nyanga have devised a whistle strategy to combat increasing attacks from ZANU PF thugs and war vets, as the police standby, refusing to come to their aid. Douglas Mwonzora, the national co-chairperson of the Constitutional Parliamentary Committee in Zimbabwe (COPAC), said on Monday that locals were fed up of being harassed at outreach meetings and have resorted to citizen action. “Local people have now devised this strategy of whistling, so that they mobilize each other in the event of an unlawful attack. This is because the attacks are being done by very few people who do not have the local support. There is strength in numbers,” he said. According to Mwonzora the plan is that: “Once a person is attacked or an attack is imminent, they whistle, those who hear the whistle also whistle while advancing towards the location of the first whistle, so there will be a lot of whistling. Firstly it puts off the attacker and confuses the attacker. It then mobilizes people towards the person being attacked,” he explained. On arrival at the scene of violence locals hold down the attackers and also take note of who they are. Then they are taken to a police station and the hope is that the police will actually do something [SW Radio Africa].

Umzingwane farmers attack Copac

Farmers in Umzingwane district have attacked the Parliamen-tary Constitution Select Committee and the Member of the House of Assembly for the constituency Nomalanga Khumalo for deliberately sidelining them and importing people from Bulawayo to the meetings. The farmers are accusing Khumalo for not informing people from her constituency about the impending Copac meetings, while Copac is said to have deliberately hidden information about the meetings. There were also concerns that people were bused in from Bulawayo to come and air views at the meetings, which were not attended by the local people. [...] The farmers said they wanted the Copac teams back in Umzingwane for the meetings [...] Copac teams in Matabeland have been accused of not doing their job properly amid reports that people were not advised about the meetings [Via The Herald - state-controlled media].

17 August 2010

Zimbabwe Constitution-Making Committee Condemns Constitution-Related Violence

The Zimbabwean parliamentary select committee overseeing revision of the country’s constitution Tuesday condemned violence related to the public outreach phase of the process, saying those instigating or perpetrating violence were going against the June call by the three unity government principals for a tolerant and peaceful exercise. In Zvishavane district, Midlands province, the outreach process was delayed by an hour on Tuesday after rapporteurs threatened to go on strike over delays in their payments. Midlands outreach team leader Amos Chibaya, a legislator of the Movement for Democratic Change formation of Prime Minister Morgan Tsvangirai, told VOA Studio 7 reporter Jonga Kandemiiri the delay was caused by a hitch at the United Nations Development Program, a main donor. Elsewhere, a civil society observer team visiting the Murehwa North constituency in Mashonaland East province and attending two outreach meetings concluded that the public comment process was not free of coercion, Center for Community Development in Zimbabwe Coordinator Philip Pasirayi told Jonga Kandemiiri. Elsewhere, the Tsvangirai MDC has accused district administrators of deliberately causing confusion in Hurungwe district, Mashonaland West, by changing outreach dates and venues at the last minute. The MDC said residents in Wards 4 and 6 in Chikwangwe Township, Ward 10 in Chiedza Township and Ward 8 in Karoi Urban, were unable to participate in outreach meetings as the area district administrator changed venues and times overnight. MDC National Council member Biggie Haurovi said residents were worried because the outreach meetings have since moved on to other districts like Chegutu without their having had an opportunity to contribute [Via VOA News].

Wave of new violence erupts in Chimanimani district

A new wave of violence erupted in Chimanimani district on Sunday when some ZANU PF militias armed with machetes, sticks and stones attacked MDC activists at Bvumbura village. Gun shots were also heard in the area but reports suggest there were warning shots fired into the air by the militias to frighten some of the villagers from confronting them. [...] when the home-owners tried to drive the militias away from the area shots were allegedly fired into the air to scare them. But this decision by the home owners to try and confront the militias led to the feared CIO visiting the village Monday, where they led away some MDC activists at gun point. ‘The CIO’s were in the company of ZANU PF provincial member Janet Knight when they force marched our activists into their vehicles. They were first taken to an isolated location where they beaten up badly with logs before they were dumped at the Cashel Valley police station,’ Muchauraya said. Muchauraya identified their supporters being held behind bars as Joseph and Tinashe Chikware, Stanley, David and Wilson Kuretu. The other two are John Jiyamwa and Matibiri Nyando. Access to the group has been denied by the police who say they have nothing to do with the ‘prisoners’ because they did not arrest them. ‘There’ve been attempts by our people to visit the group but access has been denied possibly from instructions from the CIO. We’ve also failed to deliver food to them, so it’s a worry really that victims of a political crime are being treated like criminals,’ Muchauraya said. It is believed the seven were targeted for being too vocal at a constitution-making outreach meeting held in the area last week and the MDC have fingered several senior ZANU PF members for sponsoring violence in the restive province. Politburo member and Minister, Didymus Mutasa, is reportedly spearheading the violence campaign in Makoni district, while Central Committee member, Enock Porusingazi, is causing mayhem in Chipinge south. Hubert Nyanhongo, ZANU PF MP for Harare south, who is reportedly eyeing the Nyanga seat, is leading a team of war vets on a path of destruction in the eastern highlands district. A woman police inspector, identified as Florence Marume, is making life difficult for MDC supporters in Mutare, while Major Svosve of the army is running riot in Buhera [Via SW Radio Africa].

Copac Launches Website

In a move that could further possibilities of greater citizen participation in the constitution making process, the Constitution Select Committee (COPAC) today, 17 August 2010 launched its long awaited website www.copac.org.zw at the Jameson Hotel, Harare. The website was officially launched by the Minister of Constitutional and Parliamentary Affairs, Honorable Eric Matinenga who encouraged all Zimbabweans to visit the site and participate in the process. According to Hon. Matinenga, the website provides a platform for Zimbabweans including those living abroad to contribute to the constitution making process and actively interact with COPAC [Via SW Radio Africa].

The Death Penalty, National Security and the Zimbabwe Constitution

Opinion – Lloyd Msipa: However, I believe the most important reason for keeping the death penalty in our statute books relates to matters of national security. Zimbabwe is a country coming out of a revolution. The land reform exercise that began in earnest in the year 2000 left a lot of people disgruntled such that high treason against an elected government can not be ruled out. The Constitutional Amendment Act No. 17 of 2005 empowered the government of Zimbabwe to seize or expropriate farmland without compensation and bars courts from adjudicating over legal challenges filed by dispossessed and aggrieved white farmers. [...] The practical implications of the Constitutional Amendment Act No. 17 resulted in farm seizures, where the majority of the approximately 5000 white farmers were forcibly ejected from their properties with no compensation being paid for the land, since, according to the Zimbabwe Government; it was stolen in the first place. The dispossessed white farmers could resort to armed conflict and the fear of that happening is a reality. The realisation that the SADC tribunal or any other Court has no jurisdiction over Zimbabwe without the consent of the Parliament of Zimbabwe is slowly sinking in. High treason in Zimbabwe is not something new and we can not expose ourselves by legislating against our interests [Lloyd Msipa Via jdspura.com]

Pressure mounts on Mugabe to finally act

President Robert Mugabe has been given 30 days to deal with outstanding issues in the Global Political Agreement (GPA) threatening to scuttle the continued existence of the delicate government of national unity. At a summit in Windhoek, Namibia, yesterday, Sadc came hard on Zimbabwe’s leaders including Prime Minister Morgan Tsvangirai ordering them to resolve the contentious issues and craft a roadmap that would lead to a free and fair election [...] The sticking issues include President Mugabe’s refusal to swear in MDC-T national treasurer Roy Bennett as Deputy Minister of Agriculture, unilateral appointments of Gideon Gono as Reserve Bank governor and Johannes Tomana as Attorney General, provincial governors, overlapping ministerial mandates, removal of targeted economic sanctions and “pirate” radio stations. Although the regional bloc did not give a time frame for the holding of fresh polls, President Mugabe and his archrival Tsvangirai are already campaigning for elections while Deputy Prime Minister Arthur Mutambara seems reluctant [...] The road-map encompasses the crafting of a new constitution, undertaking a national healing exercise, creating an environment where Zimbabweans are able to engage in political activity freely, ensuring the rule of law is strictly observed, ensuring state institutions do not become partisan and that parties do not brook external interference in the country’s affairs. The parties also committed themselves to working together to restore Zimbabwe’s relations with the rest of the world, to ensure a thorough land audit was carried out and that the economy was stabilised [Via NewsDay].

Troika wants Zim polls next year

The SADC special organ on defence and security has recommended fresh elections next year to end Zimbabwe’s drawn-out political crisis, ZimOnline was told last night [...] The Troika, tasked by regional leaders to tackle the Zimbabwe crisis, met on Sunday ahead of the SADC summit that opened on Monday. “President Jacob Zuma presented a brilliant report which indicate on the status of talks and when the elections will be held. If all goes well the elections will be held next year,” said the source, who spoke on condition he was not named because he did not have authorisation to speak to the Press on the matter. “(The) Troika is of the opinion that a credible election in Zimbabwe would also guarantee peace in the region,” the Zimbabwe official said [...] But analysts say next year is too early for elections in a country where the voters’ roll remains chaotic and inaccurate while an exercise to write a new constitution that should ensure a free and fair vote has been delayed by several months and even then continues to progress at a snail’s pace [Via ZimOnline].

Villagers call for strict TV, movie censorship

People attending a Copac outreach meeting in Mashonaland East in Murehwa have demanded strict censorship of television programmes and movies to discourage homosexuality and loose moral behavior. The contributions came out during a constitution-making outreach meeting held at Pakati Secondary School, in one of the remotest areas of Murehwa, which is an MDC-T stronghold. [...] “Films on television should be censored because some of them are not good for the youths and the people of Zimbabwe. Some of these films are pornographic and promote certain western cultures like homosexuality,” said one old man. “We want the constitution to demand that women should dress appropriately,” said a female contributor although she did not suggest how women should dress [Via NewsDay].

Outreach shows need for civic education

Constitutional outreach meetings in rural Zimbabwe have revealed a gaping need for civic education before people can air their views on the new constitution. A recent survey carried out by NewsDay in rural Murehwa at Ward 14 showed that although people were aware that Zimbabwe was in the process of crafting a new constitution, most of those interviewed did not really understand issues to be enshrined in the new constitution. Asked what the words “Constitution”, or “Bumbiro remitemo” meant, most of the young people professed ignorance while the elderly were quite aware of definitions and what was happening [...] At Chigwada Shopping Centre, a few kilometres from Pakati Secondary School, four youths interviewed could not define what a constitution is. The youths were also surprised and were not aware there was a constitution-making meeting at the school, although they said they were aware that people from Copac would visit their area [...] A constitutional lawyer, Greg Linington, stressed the need for civic education before people are asked to air their views on a new constitution. “A lot of people are still unsure of what should be discussed when making a constitution. They still need to be educated on what a constitution is. There is a lot of confusion on that issue,” said Linington [Via NewsDay].

Jabulani Sibanda returns to Bikita

Self-styled war veteran, Jabulani Sibanda who last week led to the cancellation of Copac meetings in Masvingo province has returned to Bikita and continues to harass and intimidate villagers. On Monday he was at Nyika growth point in Bikita West where he forced villagers to attend a Zanu PF rally [Via MDC Today - 17 Aug 2010].

Rylander wraps up Zim tour of duty

Sweden’s Ambassador to Zimbabwe Sten Rylander (SR) was a man of few words when he took up his post in the country about five years ago. [...] Rylander, once an ambassador in Tanzania before he became a roving diplomat in Africa, is set to leave Zimbabwe tomorrow. [Extract from Interview with Sten Rylander]: BM:Your general comments on what can be done to spruce up Zimbabwe’s image in the eyes of the international community. SR: I have four suggestions: to see to it that the ongoing constitution-making process will be carried out in an open, transparent and democratic way and be taken to a good and positive conclusion before the next elections; to push through electoral reforms and to pave the way for good, solid, democratic and credible elections; to go for national healing and reconciliation also involving transitional justice; and finally to arrange for good and orderly leadership change when that time comes [Via NewsDay]

18 August 2010

Threats escalate, abuse worse

MUTARE – Civil society organisations here have warned of worsening human rights abuse at the hands of state security agents, explaining that there has been an escalation in the number of threats, intimidation and harassment against people perceived to be against the Kariba Draft in the on-going constitution outreach programmes. The concerns were raised by the Zimbabwe Lawyers for Human Rights (ZLHR) and the Zimbabwe Human Rights Association (ZimRights). ZimRights told The Zimbabwean this week that MDC supporters in Mutare had received a series of verbal threats from secret agents, warning them against contributing views against Zanu (PF) in the constitutional outreach programmes. Last week, some facilitators belonging to Zimbabwe Peace Project were arrested for allegedly holding meetings in the rural areas within the periphery of Mutare city. Moses Daka of ZLHR said: “We call upon the responsible authorities, including the Ministry of Defense, to penalize these elements without fear or favour,” added Daka. Human rights group Amnesty International this week expressed its concerns about worsening human rights abuses in Manicaland and other parts of the country during the ongoing outreach exercise [Via The Zimbabwean].

Zimbabwe Farm Workers Union Says Intimidation Rampant in Rural Consultations

The General Agricultural and Plantation Workers Union of Zimbabwe has voiced concern at what it says are high levels of intimidation and harassment in constitutional outreach meetings in Mashonaland farming areas. GAPWUZ spokesman Tapiwa Zivira said farm workers, especially those from Mashonaland Central and West, have been forced to voice certain positions and are being silenced on issues having related to land. Zivira told VOA reporter Patience Rusere that GAPWUZ farm workers are particularly vulnerable because there are many war veterans in rural areas due to their involvement in the farm takeovers of the past decade [Via VOA News].

Zanu PF reignites terror campaign in Mutoko and Mudzi

In Mashonaland East province, villagers in Mutoko and Mudzi districts are living in fear after Zanu PF re-ignited their terror campaign, intimidating villagers ahead of the constitution consultations expected to begin this week in their areas. Reports from Mutoko east have revealed that Zanu PF, through the village heads is instructing every villager to renounce their MDC membership and to join Zanu PF or else the return of the 2008 genocide will not be far from reality. In most villages in Mutoko East, the Zanu PF district leadership, with the use of the militia instructed every household to meet in the different wards were Zanu PF Party positions are being enforced on the people. In ward 18 of Mutoko east, the Zanu PF district chairperson Ingidzai Kapondoro, with the help of village heads, Kenneth Chimoyo and another Kapondoro, have instructed MDC supporters to surrender to Zanu PF or else they will be beheaded [Via MDC Today - 18 August 2010]

7 abducted MDC still detained in jail

A group of 7 MDC activists, who were abducted at gunpoint by Central Intelligence Organisation (CIO) operatives in Manicaland on Monday, are still being held at Cashel Valley police station. No-one has been allowed to visit them but a source within the police department, who chose to remain anonymous, said the group had been assaulted. Party and family members attempting to bring food and water have been turned away since Monday. MDC-T provincial spokesperson, Pishai Muchauraya, told SW Radio Africa that the seven were due to appear in court on Wednesday. But police officers at Cashel Valley said that they were not aware of what the charges are and would therefore wait for further instructions from the CIO division or senior police officials [...] Muchauraya said he believes the group was targeted because they had been outspoken at Constitutional outreach meetings, and were also very effective organizers of MDC activities and strong mobilisers of people in the area. The Zimbabwe Peace Project (ZPP), one of the civic groups that is shadowing the outreach process in every province, has reported an increase in human rights violations, rape and intimidation in Mashonaland and Manicaland provinces. They also confirmed that the perpetrators are war vets, ZANU PF youths, the police, soldiers and CIO operatives [Via SW Radio Africa].

SADC should send observers

SADC should have deployed observers to monitor the gathering of people’s views by outreach teams of the parliamentary committee for the constitution making (COPAC), villagers here have announced. “At a recent outreach meeting held at Madamombe School, only selected Zanu (PF) representatives contributed towards the supreme law making,” said a villager who chose to be identified as Miriam, at Murewa Centre. He said villagers lost faith in the constitution making and hoped people in urban areas would make a difference. “Given previous Zanu (PF) terror campaigns, we thought SADC would take preventive measures to ensure the constitution making process runs freely without violence. What we witnessed was a joke of a constitution crafting exercise. No level headed people should take the exercise seriously. SADC has let Zimbabwe down again,” said another disappointed villager [Via The Zimbabwean].

2 MDC officials arrested as police hunt more MDC Masvingo

Police in Masvingo central are reported to be hunting down MDC officials after an incident related to the constitutional outreach on Monday. Two MDC officials are in custody and police are reported to be hunting down five more, who they claim were involved in the same incident. But MDC officials in Masvingo told SW Radio Africa that the whole incident has been fabricated in order to block them from mobilizing their supporters ahead of the constitutional outreach meetings in the area. MDC-T provincial secretary Tongai Matutu said that the current tension started on Monday when a group of ZANU PF members reported to the police that MDC members had disrupted their meeting. They claimed that the MDC MP for Masvingo Urban, Tachiona Chiminya, had threatened them with a pistol during the incident. Chiminya was arrested for possession of an illegal firearm, but was released late on Tuesday night when the accusers failed to pick him out in an identity parade. No pistol was ever found. On Wednesday morning Masvingo police arrested the Masvingo Ward 4 councilor, Daniel Muchuchutu, and the director of elections, Muranganwa Chanyahwa, in connection with the same incident. They are reported to be searching for five other MDC members who they claim were present at the original incident on Monday. Matutu said it appears that all known MDC activists in the area were being targeted. He believes the idea is to compromise the constitutional outreach programme by silencing MDC supporters. Matutu pleaded with all Zimbabweans to be vigilant and to resist ZANU PF efforts to hijack the people’s constitution [Via SW Radio Africa].

MDC-T ‘happy’ with outcome of SADC Troika meeting

The SADC Troika meeting on Zimbabwe – held in Windhoek, Namibia on Sunday – has been described by MDC Secretary-General Tendai Biti as a ‘milestone.’ He told journalists in Harare that the meeting ‘went as well as they had hoped.’ At the SADC meeting South African President Jacob Zuma’s report and recommendations were adopted by the Troika Organ on Defence, Security and Politics. [...] ‘In broad terms, parties to the GPA accepted that an exit strategy should be based on the completion of the Constitution-making exercise, having a referendum and finally holding an election. Parties to the GPA, assisted by the Troika, will discuss the outstanding matters within one month as part of a confidence-building measure,’ Biti said. [Via SW Radio Africa]

Copac targets youths, special groups

The Constitutional Parliamentary Select Committee will soon convene targeted outreach meetings for youths and people with special needs following low turnout by the two groups in the ongoing constitution-making process. Copac co-chairperson Cde Munyaradzi Paul Mangwana said this yesterday at a Press briefing and launch of the body’s website. “There are two areas of concern to us and that is the participation of youths and people with special needs. We have engaged Unicef and organisations representing the youths so that we arrange special outreach meetings for them. “We are also making arrangements to visit people with special needs in institutions they are housed to gather their views,” he said. People with special needs include the mentally challenged, blind, deaf and those with physical disabilities [Via The Herald - state-controlled media].

19 August 2010

Prayers used to intimidate teams

Enterprising political violence masterminds have outwitted their victims and law enforcement agents by effectively substituting tools of their trade with — of all things — incantations. On Tuesday, a constitutional outreach meeting at St Clare’s Anglican Mission in Murehwa, Mashonaland East, was shocked and terrified when a woman stood up, ostensibly to give an opening prayer for the meeting, only to launch a vicious tirade at her party’s opponents, threatening them and Copac officials with death. “Mbuya Nehanda naSekuru Kaguvi mapfupa enyu achamuka (The bones of Nehanda and Kaguvi shall rise),” the young woman prayed. “Mukanyora zvisirizvo zvatataura muchamedzwa nevhu (If you write things that we have not said here you shall return to dust).Vakasaendesa zvatataura vaurayeyi (If they do not accurately reflect our views, kill them).” Stunned by the tone the so-called prayer had taken, the Copac team asked the woman to stop. They asked a priest who was present to pray – but it was too late. The people had been stunned into silence. Although everyone expected the priest to lead the prayer, the young woman, a known political activist, quickly volunteered to deliver the prayer which she dedicated, not to God, but to Zimbabwe’s Chimurenga war heroes. Members of Copac said in interviews after the incident that it was not the first time they had come across such happenings [Via NewsDay].

Five abducted activists released; two remain in custody

Five of the seven MDC activists who were abducted at gunpoint by State security agents in Chimanimani East, Manicaland province on Monday have been released from Cashel Valley police station after paying a US$10 fine each. The five activists; Joseph and Tinashe Chikwari, Stanley, David and Wilson Kuretu were charged with the ridiculous crime of “disturbing peace” after making contributions at a Copac meeting held in the area. Meanwhile, the other two activists, John Jiyamwa and Matibiri Nyando are still in police custody at Cashel Valley police station. They are being denied access to food, legal services and medication [Via MDC Today - 19 August 2010]

Veritas: Devolution Part I

Veritas circulate discussion devolution: Devolution of power to the provinces [provincialisation] has been debated at some length in the press recently, and the constitutional outreach programme has revealed how strongly people feel about the issue. In Matabeleland, for example, there will probably be little support for a new constitution, whatever its merits, if it does not confer a considerable measure of autonomy upon the western provinces. And this feeling is not confined to Matabeleland: the further one gets from Harare, it seems, the stronger is the desire for autonomy. The desire is easy to understand in the light of the country’s history. Zimbabwe has always been a centralised state and its governments, both before and after Independence, have tended to be authoritarian. The present Constitution gives barely a nod to the provinces: section 111A allows governors to be appointed for “any areas” [though only provincial governors have been appointed] but these governors are appointees of the central government and their main function is to enforce the ruling party’s control over the provinces. Local authorities are mentioned hardly at all in the Constitution. The demand for devolution is probably a reaction to the over-centralisation of the past and the excesses resulting from it. The new constitution must go some way towards meeting this demand if it is to be acceptable to the majority of Zimbabweans. But how far should it go? What are the advantages and drawbacks of devolution and, particularly, of provincialisation? What are the problems that are likely to be encountered if power is devolved to the provinces? [Via Veritas]

Rape: An issue for Copac

Opinion: With constitution-making underway, The Arena brings to the fore some issues regarding sexual and reproductive rights. The Arena wonders whether the rape or sexual molestation culture, which seems to be increasing on a daily basis, is being adequately addressed to warrant inclusion in the new constitution. If some people are clamouring for rights of gays and lesbians in the new constitution, how about issues like rape? After the passage of the constitution, are we likely to see a change in the way rape issues are handled by society and the law especially? [...] This writer has noted that rape or sexual assault is one of those issues that make big breaking news, but never seems to get anywhere or go away. [...] So, with the constitution-making process underway, The Arena reiterates Lee Madigan and Nancy Gamble’s view in their book, “The Second Rape: Society’s Continued Betrayal of the Victim”. They write, “Men and women everywhere need to view rape as a political issue. For the most part, the experience of seeking justice is a form of political punishment designed to keep women in their place, ashamed of their sexuality and afraid to be themselves.” [Via The Herald - state-controlled media].




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JAG open letter forum - No. 712- Dated 18 August 2010



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 Open Letter
Forum" in the subject line.

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1.  Ian Brown - Miscellaneous comments on land reform - some
facts!

2.  L. Cremer - Special Moments

=================================================

1.  Ian Brown - Miscellaneous comments on land reform - some
facts!

Dear Jag

I receive your circularised e mails regularly, and enjoy reading them;
disheartening though much of the material is! Please would you put my
letter below on the appropriate circular. Many thanks.

I read again and again on e mails from various quarters, articles by
journalists, foreign news reports etc that deal with the so - called
"Land Reform Programme" in Zimbabwe, that prior to this exercise being
carried out, white commercial farmers owned, variously, "70% of the
agricultural land in Zimbabwe", or sometimes "70% of the arable land in
Zimbabwe" or "70% of the best land in Zimbabwe" etc. So much so that this
"70%" appears to have become entrenched as fact in the minds of the
public in Zimbabwe, Southern Africa, Africa and the world in general as
an absolute fact! This huge, often stated and incorrect  "70% of the land
amongst 4500 white farmers" appears to be taken as, of itself,
justification for the whole sorry fiasco!

This "70%" figure is of course a complete nonsense figure, as anyone with
even the most superficial knowledge of the land of Zimbabwe, its
agricultural productive potential and ownership patterns would and should
be able to tell. For a start, "family  - owned" and operated commercial
farms; the targets of the programme (as opposed to "corporate owned
operations" like the large sugar estates etc), comprised only somewhere
around 27 - 29% of the land surface of Zimbabwe. Not even close to this
mythical 70% figure! That these farms contributed to national GDP, both
directly and through downstream multiplier effects, export earnings,
employment, national economic growth and prosperity, far in excess of the
amount of land occupied by the evil whites is well known and well
documented by far more able people than myself. It needs no further
elaboration. So I'd earnestly request people who write on the subject to
at least not start from this wholly incorrect premise about land
ownership patterns!

Furthemore, and here's the punch line which no one seems to ever mention:
The land and soil of Zimbabwe is fundamentally fairly infertile! Much of
our soils are highly leached, fairly acidic and sandy! Particularly on
the Highveld where the evil whites "stole all the best land"! That the
soils are more productive on formerly white owned farms is entirely a
result of assidous fertilization, particularly improving the naturally
highly deficient phosphate status, careful husbandry, soil conservation
measures, correct stocking, etc., over a period of time. Notwithstanding
some variations in topography (perhaps), but how are, for example, the
Communal areas of Chiweshe, Zvimba - Chirau, Mhondoro, Svosve, Madziwa
any different from the former Large Scale Commercial areas adjacent to
them?

That some areas are more fertile is nothing to do with the areas
themselves. It does have everything to do with land ownership patterns.
Land in private ownership is nurtured and tended by the owner, simply
because that is the fundamental nature of property ownership! If you own
the land, you are dependent on it. That's what you've paid for, and what
you've got. You will look after it and make it "fertile", inappropriate
though that description is in Zimbabwe. There is nothing racial about
this at all - witness the generally very well conserved and preserved
state of the farms in areas described as Small Scale Commercial areas!
These areas were set aside generations ago for exclusively black
ownership. More's the pity, in hindsight, that the whole country wasn't
divided up on this basis, back then when there were only a couple of
million people around.

In conclusion, here's a "tongue in cheek" proposition to think about: Of
course it cant and won't happen. Take 29% of the current Communal
Lands. It doesn't matter where they are: Hwange, Binga, Mwenezi; you name
it. Take the inhabitants out of these "infertile" lands, put them onto
land just liberated in the 3rd Chimurenga and give those lands to the now
displaced 4500 white farmers, and give them title deeds. Come back in a
generation. Try to imagine what you'll find! Time for the 4th Chimurenga,
undoubtedly, because guess where the "fertile" land will now be!

Many Thanks

Ian Brown

-------------------------------------------------------------------------------

2.  L. Cremer - Special Moments

 This morning I have experienced one of those very precious, all too
-fleeting moments.  My eight year old grandson stopped beside me where I
was fertilizing my orchids. As he dropped his little bicycle to the
ground he panted  "Whew, Ouma I am so tired " Grannies know instinctively
this means refreshments of some kind please. I always drop everything I
do because I know this is going to be a special time with him.  After all
, he has cycled almost two kilometers to reach me.

After a glass of lemonade and a crunchie we each take a small basket to
pick whatever there happens to be in the veggie garden.  For the next
half hour I have the absolute privilege of being transported into the
wondrous world of an enthusiastic child. A half bitten sugar snap never
tasted "so sweet and crunchy ouma - just taste!" In the strawberry patch
he shrieks with delight as he uncovers each huge strawberry from under
the straw. I leave him to discover the big whole ones while I pick off
the lefts over of a bird feast. I teach him how to look for the right
sized carrot to pull.

As he wobbles down the avenue of Jacaranda on his way back home with a
fully laden plastic bag hooked onto each handle bar of his bike I am
overwhelmed with emotion.  How very, very privileged and blessed I am to
have my grandchildren near me. The words of gratitude and praise to God
just poured from me. Through the Grace of Our Almighty Father we are
still in our home on a tiny portion of our farm and my daughter in
theirs, also on a fraction of their farm.  Should this change, as it can
any moment, and we are forced out, I will have precious memories to keep
forever.  I cried for those grannies who, through the unjust
circumstances which scattered families over the earth, could not have the
opportunity of making memories with their grandchildren.

As we do not live in free society I sign off as

Ouma

=================================================

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.

=================================================


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Constitution Watch - Content Series 2/2010 - 19th August[Devolution Part I]

CONSTITUTION WATCH

CONTENT SERIES 2/2010

[19th August 2010]

Devolution Part I

Introduction

Devolution of power to the provinces [provincialisation] has been debated at some length in the press recently, and the constitutional outreach programme has revealed how strongly people feel about the issue.  In Matabeleland, for example, there will probably be little support for a new constitution, whatever its merits, if it does not confer a considerable measure of autonomy upon the western provinces.  And this feeling is not confined to Matabeleland:  the further one gets from Harare, it seems, the stronger is the desire for autonomy.

The desire is easy to understand in the light of the country’s history.  Zimbabwe has always been a centralised state and its governments, both before and after Independence, have tended to be authoritarian.  The present Constitution gives barely a nod to the provinces:  section 111A allows governors to be appointed for “any areas” [though only provincial governors have been appointed] but these governors are appointees of the central government and their main function is to enforce the ruling party’s control over the provinces.  Local authorities are mentioned hardly at all in the Constitution.

The demand for devolution is probably a reaction to the over-centralisation of the past and the excesses resulting from it.  The new constitution must go some way towards meeting this demand if it is to be acceptable to the majority of Zimbabweans.  But how far should it go?  What are the advantages and drawbacks of devolution and, particularly, of provincialisation?  What are the problems that are likely to be encountered if power is devolved to the provinces?

Before trying to answer these questions, let us see how provincialisation has been tackled in two draft constitutions that have been put forward in recent years.

Devolution in current constitutional proposals

The Kariba Draft

Under clause 245 of the so-called “Kariba draft” constitution each of the country’s 10 provinces would have a provincial council, but the council would not be an elective body.  It would be chaired by the provincial governor who would be a presidential appointee and an ex officio senator, and its members would include the members of Parliament whose constituencies fall within the province, as well as councillors for local authorities in the province and “other persons” specified in an Act of Parliament.  The functions of provincial councils would be limited to planning and co-ordinating governmental activities in the province.

In clause 248 Local authorities would be established by an Act of Parliament and their functions — administrative, legislative and fiscal — would also be conferred on them by Act of Parliament.  They would, however, be elective bodies.

The “Kariba Draft”, therefore, does not go far along the road to devolution of power:  provincial councils would be dominated by members of the central legislature and their powers would be minimal;  local authorities would be created by the central government and their powers would also be controlled from the centre.  On the other hand, the draft constitution does state in clause 242:

“Provincial councils and local authorities must be given as much autonomy as is compatible with good governance;

“decentralisation must be a principle applying to all levels of local government so that there is participation by the people and democratic control in decision-making.”

The Kariba Draft also specifies that the state must provide adequate finance to enable provincial and local authorities to carry out their functions.

The NCA Draft

The draft constitution produced by the National Constitutional Assembly would go much further towards provincialisation.  Each of five provinces would have a provincial assembly consisting of members elected on a system of proportional representation;  these assemblies would have power to legislate on matters of provincial concern such as planning, tourism, transport, education and health.  They would also have taxing powers.  Provincial governments would be run by provincial governors elected by the assemblies, assisted by executive councils consisting of members of the assemblies.  The central Parliament would have power to nullify provincial legislation, though it would need a two-thirds majority of both Houses to do so.

Under the NCA draft there would be local authorities for urban and rural areas, with powers conferred by an Act of Parliament.  The draft states that:

“Local government institutions must be given as much autonomy as is conducive for the attainment of the objects of local governance.”

And these objects are:

“to provide democratic and accountable government for local communities;

“to promote social and economic development;

“to provide participation by the people in decision-making.”

The NCA draft also specifies that an Act of Parliament must make provision for an equitable distribution of finance between central and provincial governments.

The NCA draft would go further than the Kariba draft in setting up provincial governments with real autonomy.  In regard to local authorities, the provisions of both drafts are substantially the same. 

Neither draft, it may be noted, gives provincial governments power to supervise or control local authorities.  Their supervision would apparently be vested in the central government.

Advantages of Devolution or Provincialisation

The advantages of devolving power may be summarised as follows:

1.   Strong local governments should lead to improved governance and economic development, at least in theory.  This is because:

a.   Local politicians are closer to the people they serve, and are likely to be more responsive to their wishes.

b.   This greater responsiveness gives people a greater say in the aspects of government that closely affect them, such as the provision of water, electricity, education and health care.

c.    Improved delivery of essential services leads to greater productivity.

2.   Devolution should lead to a more equitable distribution of national resources between the provinces.

3.   The decentralisation of power creates separate power-bases within the State and dilutes the control that can be exercised from the centre.  Paradoxically, this may make the State more resilient and reduce the likelihood of coups d'état, because seizing power from the central government does not necessarily bring control over the provinces.  In the last days of the USSR, for example, a coup failed when the coup plotters, having gained control of the central government, found they could not control the semi-autonomous republics that made up the State.  On the other hand, it must be remembered that Nigeria, which is a federal State, has had more than its fair share of coups.

4.   More definitely decentralisation of power makes it less likely that an single political party can take control of all the power centres of the state and substitute itself for legitimate government.

5.   Provincial and local governments are training-grounds for politicians, giving them valuable managerial skills which can be employed at national level for the benefit of the country as a whole.

Too much should not be made of these advantages.  Devolution does not necessarily lead to good governance, for example.  Experience in this country has shown that local politicians and officials can be just as corrupt and incompetent as national ones, and just as difficult to get rid of.  In order to improve the quality of government, therefore, devolution must be accompanied by measures to increase transparency and accountability — to strengthen democracy, in fact.

Disadvantages of Devolution

Provincialisation has its drawbacks:

1.   For a country with a relatively small population and a small tax base having an additional tier of government could be unsustainable.

2.   It could create a another cadre of office bearers getting hefty salaries and perks without giving value for money.

3.   It can encourage regionalism or tribalism.  Advancing one’s own province or even tribe may be acceptable in a provincial politician, but it is a very serious defect at the national level.

4.   It may slow down the processes of government if provincial authorities have to be consulted before decisions are taken at the centre.

5.   Similarly, decisions of the central government may be rendered ineffective if their implementation is left to provincial authorities.

6.   If too much power is devolved to the regions or provinces, the central government may not be left with enough power to hold the country together.

Conclusion

One final point needs to be emphasised:  If there is to be any devolution of power to provinces and local authorities, it must be genuine and effective.  Real powers should be devolved, and the provincial and local governments must be capable of exercising them.  There is no point in giving a provincial government responsibility for water, for example, if the water supplies are controlled by a national parastatal body; no point in giving it power to draw up plans if it cannot implement them.  Devolution cannot be achieved simply by mentioning provincial and local authorities in the Constitution and passing the necessary legislation.  There must be a proper transfer of financial and managerial resources from the central government to the provincial and local authorities to enable them to exercise their devolved functions and to continue exercising them.

 

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


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Bill Watch 31/2010 - 19th August [SADC Summit & Zuma Report]

BILL WATCH 31/2010

[19th August 2010]

SADC Summit: Windhoek 15th-17th August

 

Zuma Report on Zimbabwe to the SADC Summit

Report Endorsed by Troika and Summit:  The two-day SADC Summit of Heads of State and Government was preceded by a meeting of the Troika of the SADC Organ on Politics, Defence and Security Cooperation chaired by President Guebuza of Mozambique, at which President Zuma presented his Facilitator’s report on the Zimbabwe negotiations.  Minister of Finance Tendai Biti, who was present at the Troika meeting and at the Summit, told a press conference in Harare on 17th August that the entire report was adopted by the Troika and in turn endorsed by the Summit.

Contents of Facilitator’s  Report:  The report charts the course of the negotiations from the SADC Extraordinary Summit in Pretoria in January 2009 and the Troika Summit in Maputo in November 2009 through to the meetings between the three party principals on 8th June and 4th August this year, and it concludes with the Facilitator’s vision for the road ahead and his recommendations.  It records that at their meeting on 8th June the three principals [President Mugabe, Prime Minister Tsvangirai and Deputy Prime Minister Mutambara] agreed on 24 of the 27 points that had been the subject of negotiations after the Maputo Summit.  This was reported to the Facilitator.  On the 4th August, following further visits to Harare by members of the South African facilitation team, they met again and produced an “implementation matrix” for the matters agreed on and prepared a statement listing the items agreed and not agreed. 

[Note: The report is the first official public notification of these “secret negotiations” affecting the whole country.  Until now the public has had to be content with press “leaks” of unknown reliability.  The report does not list all 24 agreed items, but some are disclosed by its description of the implementation matrix – see below.]

Implementation Matrix for 24 Agreed Items:  The report highlights aspects of the implementation matrix, including:

·      Minister of Justice to expedite legislation for the Human Rights Commission and to initiate steps to establish the Anti-Corruption Commission immediately

·      Minister of Economic Planning to see to establishment within a month of the National Economic Council

·      Minister of Lands to finalise establishment of Lands Audit Commission within a month

·      The setting of a time-frame of two months for the definition of a land tenure system guaranteeing security of tenure and collateral value of land

·      Minister of Justice to start the process immediately for signing and gazetting of Constitution Amendment No. 19 “as approved by Parliament” [This signals acceptance of the proposition that the Amendment No. 19 under which the Inclusive Government has been operating since February last year was an unauthorised abridged version of the Bill passed by Parliament – see Bill Watch 6/2009 of 24th February 2009.]

·      Minister of Justice to deal immediately with the completion of amendments to the Electoral Act

·      Regularisation of Broadcasting Authority board, appointment of new Zimbabwe Broadcasting Board and constitution of Media Trust, all within a month

3 Items Not Agreed:  These have to be resolved within one month.  The report lists these

·      the appointment of the Attorney-General

·      the appointment of the Reserve Bank Governor

·      the swearing-in of Senator Roy Bennett as Deputy Minister of Agriculture.  [Note on the State’s appeal in the Bennett case: On 28th July the Chief Justice, having heard argument from both sides on the State’s application for leave to appeal against Senator Bennett’s acquittal on banditry and terrorism charges, said he would give his decision at a later date and warned that the great length of the court record made it unlikely this would be any time soon.]

Provincial governors the report  records that the principals reported that “while agreeing on the appointment formula recommended to us by the GPA negotiators, we have resolved that this matter be addressed simultaneously and concurrently with the sanctions removal strategy”.  [See below for Minister Biti’s comment on this issue.]

Facilitator’s “Road Map”:   Under the heading “Road Ahead” the report mentions that delays have prolonged the normalisation process unnecessarily, but says that if the agreement on the 24 items is implemented that would lay the basis for the holding of free and fair elections whose results would be acceptable to all.  No date for the elections is proposed.  There is also a call for the guarantors of the peace process, namely SADC and the Facilitator, to play an active role in taking Zimbabwe forward to “her ultimate goal of the formation of a government whose credentials would be beyond question”. 

Recommendations:  The report concludes with three recommendations: 

·       The outstanding matters should be discussed by the parties, assisted by the Troika, and resolved within one month in “accordance with the law and any other relevant instruments”

·       The Inclusive Government and the parties should find an “uninterrupted path towards free and fair elections and the removal of impediments as and when they arise”

·       The Troika should persuade SADC to help Zimbabwe to draw up guidelines for a free asnd fair elecltion where intimidation and violence would not play any part and where the result of such elections would be credible.

[Electronic version of full Zuma report available.]

Minister Biti’s Press Conference

MDC-T Secretary-General Tendai Biti held a press conference on 17th August to explain MDC-Ts position on the SADC Summit.  He described the meeting as “important in defining key milestones and signposts to the end-game of the GPA”, pointing out that as all parties accept that the inclusive government is a transitional arrangement “it was imperative to define an orderly process for exit.  In short, an iron-clad roadmap to legitimacy.” 

On provincial governors he said that as the terms of office of the incumbents expired at the end of July MDC-T now expected the President to make new appointments, with the agreement of the Prime Minister, in accordance with the formula agreed by the negotiators and endorsed by the principals.  [The formula is 5 for MDC-T, 4 for ZANU-PF and 1 for MDC-M.]

Other MDC-T concerns:

·       Unilateralism:  Here Mr Biti cited President Mugabe’s unilateral appointment of judges and ambassadors in breach of the GPA; and the alteration of Ministerial T

·       “Toxic Issues”:  Here Mr Biti referred to the “persistent and pernicious hate speech” in the State press and other media, the “infamous jingles” being broadcast by Zimbabwe Broadcasting Corporation and the “continued debasement” of the office of the Prime Minister. 

[Electronic version of press statement available]

Summit Communiqué

The Summit communiqué skates over the details of Summit decisions in rather bland language.  Minister Biti said at his press conference that the communiqué is a summary rather than a precise record of decisions reached.

On the Zimbabwe negotiations the Summit communiqué states that the Summit commended the efforts of the GPA parties and President Zuma as facilitator, reiterated the SADC call for the lifting of Western sanctions and “urged the Zimbabwe stakeholders to remain committed to the implementation of the GPA”.

Sanctions:  The Summit reiterated its call for Western sanctions to be lifted and tasked the new SADC chairperson, Namibian President Pohamba, to engage the international community on the sanctions issue.

On the SADC Tribunal the communiqué, without referring to Zimbabwe or its rejection of the Tribunal as a “legal nullity” or to the Tribunal’s contempt rulings against Zimbabwe, records that the Summit decided that a review of the role, functions and terms of reference of the SADC Tribunal should be undertaken and concluded within 6 months.  Justice Minister Chinamasa said on Tuesday that the Tribunal has been suspended pending completion of the review, but SADC Executive Secretary Salomao has denied this, explaining that while the Tribunal will not entertain any new cases for the time being, it can deal with those cases it already has.  [Note: Mr  Chinamasa has throughout stuck to his line that the Tribunal is a “legal nullity” because its establishment has not been ratified by member States in accordance with the SADC Treaty. His contentions on this issue were decisively rejected by the Zimbabwe High Court in the Gramara case.]  [Electronic version of Summit Communiqué and Justice Patel’s judgment available].

Party Reactions to Summit

At his press conference on 17th August Minister Biti said MDC-T was “reasonably pleased”.  The other GPA parties have also welcomed the Summit outcome.  It remains to be seen whether this will translate into prompt action as regards implementation of agreed issues and resolution of the three outstanding matters.  And it is to be hoped that the one-month “deadline” – which presumably runs from the 17th August, when the Facilitator’s report was endorsed by the full Summit – will not prove to be as flexible as previous SADC deadlines.

 

Date for New Elections?

Although the Facilitator’s report envisages the holding of free and fair election as the final step towards the formation of a government whose credentials will be beyond question, and the impression is given they must be soon, neither the report nor the Summit communiqué suggests a date for the next presidential and general elections. 

 

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

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