The ZIMBABWE Situation
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MP behind land seizure snubs High Court order

http://www.swradioafrica.com/

By Alex Bell
23 August 2010

An MP behind the illegal seizure of a farm in Somabuhla has snubbed a High
Court order protecting the land from invasion, refusing to leave the
property on Monday.

Last week, Philip and Ellen Hapelt from Grasslands Farm successfully
obtained a Permanent Interdict from the High Court, ordering MP Jabulani
Mangena to leave the property. Mangena has led a campaign of harassment,
vandalism and violence against the Hapelts and their workers, claiming he
has an offer letter entitling him to the property. Late last year, the
Hapelts were brutally beaten by a gang of thugs, in an attack the family
believes was meant to drive them from their farm.

The Hapelts many years ago voluntarily gave up the majority of their land
for the sake of 'reform', under an agreement that would allow them to remain
on their homestead with a small portion of farming land. They already have
two Court orders that entitle them to live on the farm without fear of
invasion or persecution. But Mangena is openly disregarding the courts and
has previously threatened the Hapelts with more violence if they approach
the courts again.

Donna-Jean Abrey, the couple's daughter in South Africa, told SW Radio
Africa on Monday that MP Mangena is still threatening her parents, calling
it a very "frightening situation." She said that the local police and
sheriff of the court are "petrified" of Mangena and refused to carry out
eviction proceedings on Monday. The Hapelts were forced to return to court
to try and get another interdict.

Mangena meanwhile remains on the property, where some of his 'staff' have
started building dwellings and are tending a herd of cattle. Donna-Jean told
SW Radio Africa that Mangena has threatened "to cut off the legs and kill
anybody who tries to herd the cattle off the property. Mangena's staff have
also been threatening the Hapelts. Last week, Ellen Hapelt had to seek
safety in her home after a worker threatened her with a shovel while she was
out walking, telling her it was not her property.

Philip Hapelt is a South African citizen and he and his family have made
numerous appeals to the South African High Commission to intervene on their
behalf. Donna-Jean explained on Monday that she has successfully managed to
speak to the South African ambassador "who has phoned my parents and said he
wants to help." But she explained that the South African authorities "have
been completely ineffectual."

The South African government has come under fire for not intervening on
behalf of its citizens, many of whom face similar situations on farms across
Zimbabwe. This includes Ian Ferguson whose game ranch near Beitbridge was
illegally seized by land invaders said to be working for a top ZANU PF
official. Ferguson's game has been slaughtered and repeated pleas for help
from his government have gone unanswered.


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Diamonds controlled by new group of ZANU PF hardliners

http://www.swradioafrica.com/

By Tichaona Sibanda
23 August 2010

The intrigues in Zimbabwe's power politics have taken a new turn with the
emergence of a powerful group that is said to be in control of the country's
diamond riches. They are allegedly using the proceeds of the sale of the
diamonds to enrich the ZANU PF party coffers.

SW Radio Africa can reveal that this coterie of hardliners is comprised of
retired senior military officers all with close links to ZANU PF. The group
has effectively taken control of the diamonds, from mining in Chiadzwa to
the final sale of the gems at the new Zimbabwe Diamond and Technology Centre
in Mt Hampden, just outside Harare.

There's the first group of hardliners led by cabinet ministers and top civil
servants. This group consists of Defence Minister Emmerson Mnangagwa,
Justice Minister Patrick Chinamasa and Robert Mugabe's spokesman George
Charamba, among others.

The second and the most powerful group is the military junta, also called
Joint Operations Command (JOC), led by General Constantine Chiwenga. Many
Zimbabwe analysts believe this group to be the brains behind directing and
dictating terms in the government.

But our source said; 'We now have a third group of hardliners, the
officer-corps that is funded and paid by proceeds from diamonds. This is a
group that is loyal to Chiwenga and the junta and has recently been
introduced to the African Diamond Producers Association (ADPA) by Mnangagwa.'

ADPA, with its headquarters in Luanda, Angola works to devise and implement
policies, strategies and laws that generate a substantially larger share of
diamond profits from foreign diamond mining companies to its member states.
The organisation was formed in 2006 and most of its officials are personally
known to Mnangagwa, according to our source.

'What we have now is that the majority of funds from the diamonds are going
straight to ZANU PF who are also resurrecting their dwindling fortunes using
proceeds from the gems. Little of the funds will find their way to the
Treasury under Finance Minister Tendai Biti,' the source added.

The exploitation of the diamond fields comes at a time when ZANU PF was
finding itself desperately short of money in the period after the
controversial 2008 elections. The party has been on the back foot since it
was forced into a power-sharing deal with Tsvangirai's MDC.

The two diamond mining firms given government approval to mine the Chiadzwa
diamond fields - Mbada Investments and Canadile - are headed or have members
who are former senior military officers. Mbada chairman is Robert Mhlanga, a
retired Air Vice Marshall who used to fly Mugabe's presidential helicopter.
He is said to be the most senior of the retired officers of the new group.

Canadile's local representative is Lovemore Kurotwi, a retired army colonel,
who is reportedly a nephew of the late General Vitalis Zvinavashe, a member
of the ZANU PF politburo who was named in a United Nations report as one of
the main figures to profit from the plunder of the Congo's diamond riches.

SW Radio Africa understands that these two companies are working closely
with Thankful Musukutwa, the permanent secretary in the Mines Ministry. The
Ministry has also set up offices at the diamond auction floor in Mt Hampden
where there will also be a marketing wing and administrative bloc; all
within easy reach of a private jet facility airport, Charles Prince, where
buyers will jet in and out with little fuss.

The project manager for the centre is Retired Colonel Charles Mugari and
accountants at the centre have been seconded from the Reserve Bank, on
orders from Governor Gideon Gono. The RBZ officials are believed to be well
versed and experienced in transferring huge sums of money through wire
transfers and off-shore banking.

Political analyst Luke Zunga said; 'Mugabe does not rule the country from
the centre of government. He's ruling it from these satellites (junta and
military corps) that are mobilizing and controlling the economy of the
country.'

He said the diamonds were under the control of a select few, with direct
links to the security chiefs. Zunga said it was obvious they intend to use
the wealth from diamonds to enrich themselves and entrench ZANU PF's hold on
power in Zimbabwe.

'With the huge injection they will get from the diamonds ZANU PF will
mobilise heavily on the ground to an extent they will overwhelm who ever
stands in their way. Right now they're mobilising funds for elections and
this is why Mugabe wants them next year, because he knows he has the cash to
fund his campaign,' Zunga added.

Sources in the inclusive government said the military chiefs had positioned
themselves to profit from diamonds and have thus far refused to engage with
Tsvangirai to discuss possible ways of bringing lasting peace to the
country. Their grip on the whole diamonds set-up ensures the country's most
valuable mineral resource is going out the back door, rather than benefiting
the country.


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Rwanda calls on UN as row with Zim escalates

http://www.zimonline.co.za

by Own Corespondent Monday 23 August 2010

HARARE -- Rwanda has appealed for United Nations intervention in its
simmering diplomatic row with Zimbabwe as the two countries tussle over the
release of a fugitive believed to be one of the masterminds of the 1994
Rwandan genocide.

The Zimbabwean government has refused to extradite Proitas Mpiranya to the
UN's International Criminal Tribunal for Rwanda where he is to face trial
for organising the mass killings of nearly a million Rwandans from the Tutsi
minority ethnic group during his time as head of the presidential guard.

Mpiranya is allegedly holed up in Norton, about 40km west of the capital
Harare, where he has stayed since coming to Zimbabwe in 2001.

In a case similar to the highly publicised Mengistu extradition row between
Zimbabwe and Ethiopia, security sources say the Harare authorities are not
keen on giving up the fugitive to whom they feel indebted over his later
reconnaissance role during the 1998-2001 Democratic Republic of Congo civil
war.

Mpiranya was instrumental during the DRC war after he worked side by side
with southern African Allied forces, which included Zimbabwe, Angola and
Namibia.

He is believed to have supplied strategic information about the Rwandan
military and also mobilised and trained Rwandans in refugee camps in eastern
DRC to fight against the Rwandan army.

The allied forces were fighting armies of Rwanda and Uganda which were
backing several rebel groups seeking to topple the Kinshasa regime.

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

A diplomatic row is now brewing between Zimbabwe and Rwanda over allegations
that Harare is protecting Mpiranya.

Rwanda's Prosecutor General Martin Ngoga last week called on the
International Criminal Tribunal of Rwanda (ICTR) to take action against
Zimbabwe and forced Harare to produce Mpiranya.

"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.

Foreign Affairs Minister Simbarashe Mumbengegwi was not available for
comment but Harare is believed not to want to cooperate with Rwanda after
the two nations backed opposite sides in the DRC war and also because Harare
is unhappy after reports that Kigali sneaked spies into Zimbabwe.

The row between Harare and Kigali escalated earlier this month after
Zimbabwe accused Rwandan secret agents of illegally entering the country in
pursuit of Mpiranya.

Kigali has since denied the allegations, saying it would follow proper
procedures to seek the extradition of Mpiranya.

This is the second time Zimbabwe has refused to extradite African officials
accused of genocide in their own countries.

It has refused to hand over former Ethiopian dictator Mengistu Haile Marriam
who is wanted in his country for the murder of more than 150 000 university
students, intellectuals and politicians during a 1977-78 Red Terror campaign
described by Human Rights Watch as "one of the most systematic uses of mass
murder by a state ever witnessed in Africa".

Mengistu fled to Zimbabwe in 1991 following an armed uprising against his
rule and was granted political asylum by his old friend, President Robert
Mugabe.

A former army colonel who ruled Ethiopia with an iron fist from 1974 to
1991, Mengistu was sentenced to death in May 2006 alongside 18 of his former
senior officials.


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Zim inflation slows to 4,1%

http://www.mg.co.za/

HARARE, ZIMBABWE Aug 23 2010 16:53

Zimbabwe's annual inflation rate in July stood at 4,1%, declining from 5,3%
the month before, the government statistics agency said on Monday.

The Zimbabwe National Statistics Agency said food inflation eased from 7,39%
in June to 7,11% last month.

Non-food inflation fell from 4,42% to 2,9%.

A decade of hyperinflation ravaged Zimbabwe's economy until the formation of
a unity government last year and the decision to abandon the local currency
in favour of US dollars.

The last official estimate of inflation in Zimbabwe dollars in 2008 was
230-million percent but independent experts said the real figure was in the
billions.

Finance Minister Tendai Biti last month said the country's inflation will
continue to slow this year. -- Sapa-AFP


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Johane Masowe Church members apprehensive about ZANU PF intentions

http://www.thezimbabwemail.com

23 August, 2010 11:34:00    by Information & Publicity Department Union for
Sustainable Democracy

THE Union for Sustainable Democracy has been inundated with statements of
concern from Christian Zimbabweans of the Johane Masowe Church who are
gravely worried about ZANU PF's infiltration of their church with the sole
purpose of bolstering its support base ahead of possible elections next
year.

USD is reliably informed that members of that church have become the latest
target of ZANU PF's intimidatory tactics. Many have been forced to attend
ZANU PF rallies at certain 'assembly points'. Those courageous enough to
defend the church's doctrine of staying clear of politics are being labeled
as sell-outs and / or MDC supporters.

Unfortunately for the church, members have told us, some church leaders have
accepted soft loans as well as other financial favors from ZANU PF. This,
they say, has resulted in those leaders becoming more susceptible to
pressure and even amenable to ZANU PF wishes.

The Muzarabani, Mt Darwin and Chitungwiza centers of the church are among
the most deeply infiltrated, with the likes of Information and Publicity
minister Webster Shamu and the delinquent Joseph Chinotimba heading the list
of intruders.

James Chitima (not his real name) said his message to ZANU PF is: 'We don't
want our church to be used'. Asked why they were raising these concerns, he
explained that: 'We want to save our church'. USD takes a serious view of
any moves that encroach and trample on the rights of innocent Zimbabweans.
Accordingly, we hereby strongly condemn ZANU PF's continued disregard for
human rights and freedoms in the strongest possible terms.

The sanctity of a church must be respected at all times and politicizing
churches whose doctrines do not encourage participating in the political
process goes against the tenets of freedom of religion and is an affront to
the founding values of the constitution of Zimbabwe.

Consequently, while we acknowledge ZANU PF's right to canvass for votes, we
believe that the need to seek legitimacy at the next election must not be at
the expense of the rights of Johane Masowe Church members. Such behavior is
absolutely deplorable and must be stopped forthwith.


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Stay out of politics-Charamba ordered

http://www.thezimbabwemail.com

23 August, 2010 03:45:00    KELVIN JAKACHIRA -

The inclusive government has come down heavily on George Charamba, the
permanent secretary of Media, Information and Publicity, ordering him to
immediately stop dabbling in politics.
The principals to the Global Political Agreement (GPA) - which led to the
formation of the inclusive government - agreed at a meeting on August 4 that
Charamba should not overshoot his responsibilities as a senior civil servant
by dabbling in politics.

The leaders tasked Misheck Sibanda, the chief secretary to the President and
Cabinet, to ensure Charamba does not delve into politics again. Mariyawanda
Nzuwah, the chairman of the Public Service Commission, was also tasked with
similar responsibilities. The decision against Charamba, who doubles as
President Robert Mugabe's spokesperson, came after MDC-T complained that the
sharp-tongued civil servant was continually undermining the Office of the
Prime Minister, Morgan Tsvangirai.

In a progress report sent to the GPA facilitator, South African President
Jacob Zuma, entitled Implementation Matrix for the Issues Settled by the
Three Principals to the Zimbabwe Global Political Agreement (GPA), the
principals said they have agreed to ensure Charamba immediately stops
delving in politics. The progress report sent to Zuma is in our possession.
NewsDay reported in June that principals to the GPA - President Mugabe,
Prime Minister Tsvangirai and Deputy Prime Minister Arthur Mutambara - had
expressed reservations over Charamba's conduct after he had made disparaging
public remarks against the Prime Minister.

The duplex roles of Charamba and his behaviour towards Tsvangirai and the
inclusive government were among the sticking issues to the GPA.

In the progress report, the principals told Zuma that they had agreed on 24
of the 27 outstanding issues to the GPA.

The three outstanding issues are the appointment of Roy Bennett as Deputy
Minister of Agriculture, the unilateral appointment of Gideon Gono as
Reserve Bank chief and Johannes Tomana as the Attorney General.

The principals said they have agreed on contentious issues such as the
removal of sanctions, media reforms, reforms on state security institutions,
land reform audit and tenure systems, review of ministerial allocations,
vacant electoral posts, transport arrangements for principals, security
aides for Tsvangirai, and conferment of national heroes' status, among other
issues.

The principals agreed on the removal on sanctions imposed by the Western
world to force President Mugabe to embrace democratic reforms.

The three leaders tasked leaders of the political parties and the Cabinet
re-engagement committee to handle the issue.

The issue of sanctions will be dealt with on a continuous basis.

The principals agreed to regularise the appointment of the Broadcasting
Authority of Zimbabwe (BAZ) board and to appoint a new board at the national
broadcaster, Zimbabwe Broadcasting Corporation.

The principals, Webster Shamu, the information minister, and the
Parliamentary Standing Rules and Orders Committee were given one month to
implement the task.

The principals agreed to call upon foreign governments hosting, funding and
relaying "pirate" radio stations to stop doing so.

The task was given to the Cabinet re-engagement committee and the Joint
Monitoring and Implementation Committee (Jomic). This should be done within
a month.

The media was directed to support all agreed government programmes and to
stop attacking ministers implementing such programmes.

The principals implored on the police Commissioner General Augustine Chihuri
to immediately ensure Zimbabweans are free to organise political activities
without any hindrances from the police.

The principals agreed to appoint an inclusive and balanced land audit
commission within a month.

The issue of land tenure security was also agreed upon. They said emphasis
should be placed on a leasehold system that guarantees security of tenure
and collateral value of land but without reversing the land reform
programme.

On electoral vacancies, the principals agreed that parties to the GPA should
not contest each other for the entire duration of the inclusive government.

The leaders agreed to immediately speed up the process of vetting, training
and engagement of security personnel of the Prime Minister and Deputy Prime
Minister. Administrative arrangements for Tsvangirai's motorcade will be
immediately rectified.

There was also an agreement for a review of ministerial allocations.

"For the maintenance of cohesion and progress, the status quo must be
maintained, but continuously monitored," the principals said in the progress
report. -News Day


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Underfire Mutambara non committal about SADC letter

http://www.thezimbabwemail.com

23 August, 2010 05:47:00    By Guthrie Munyuki

HARARE - Deputy Prime Minister Arthur Mutambara is non committal about
writing the controversial letter which has caused disagreements between
Prime Minister Morgan Tsvangirai and President Robert Mugabe in the
inclusive government.

Zanu PF has said Mutambara wrote the  letter to South African President
Jacob Zuma on behalf of the principals to the Global Political Agreement
(GPA) that they would appoint provincial governors simultaneously with the
removal of sanctions.

But the deputy premier has done little to cool the row by refusing to be
drawn into the authenticity and origins of the letter.

"I cannot tell you if I wrote that letter or not. All communication between
the principals is confidential and is not shared with you journalists. Do
you have a problem with that?

"A Sadc summit was held and the communiqué has been issued. What is
important is what the communiqué said. It tells you how we as principals are
supposed to move forward," Mutambara said.

Challenged on why he would want to conceal the letter when Zanu PF had
publicised it, Mutambara insisted he was bound by an oath which included
confidentiality.

Barely a week after the Sadc  summit in Windhoek, both Zanu PF and the MDC
traded barbs over sanctions and  the appointment of provincial governors
which have been on ice for more than a year since the three parties worked a
formula on how  to  allocate the provinces.

In 2009 ,Sadc proposed that the party with the highest number of electoral
votes per province in the 2008 March elections would have the highest number
of provincial governor posts.

As a result, the MDC was allocated Harare, Masvingo, Manicaland, Bulawayo
and Matabeleland North, Zanu PF got Mashonaland West, Central, East and the
Midlands, while Mutambara's MDC got Matabeleland South.

But after a year of feuding over outstanding issues, Tsvangirai said they
agreed to shelve the issues of provincial governors' appointments since it
would be dealt with under article 21 of the GPA.

Article 21 states that Mugabe would make the appointments in consultation
with the Tsvangirai.

However, during the Politburo meeting in Harare last week, Zanu PF was
singing a different tune.

"Everything else the principals were able to agree. It is a question of
implementation. The principals also agreed that the issue of sanctions and
provincial governors have to be implemented simultaneously."The issue of
provincial governors can only be considered upon lifting of sanctions. As
long as sanctions remain, we have serious problems," Patrick Chinamasa, Zanu
PF negotiator was quoted in the state media after the Politburo meeting.

This prompted Tsvangirai's MDC to issue a strongly worded statement where it
accused Zanu PF of dithering.

"We unequivocally condemn the Zanu PF tactics of waylaying and mugging the
expectations of the people of Zimbabwe by prioritising their own issues and
concerns at the expense of a holistic approach to the sacred document to
which we all appended our signatures. We are ready to comply with the
dictates of SADC," the MDC said.

The MDC argued that at a meeting of the principals on 8 June, Mugabe
insisted on linking the issue of sanctions to provincial governors but
Tsvangirai refused and wrote a letter to Mac Maharaj, a member of President
Jacob Zuma's facilitation team, stating his position.

The Sadc organ of the Troika met Sunday in Windhoek, Namibia, where it
adopted the report compiled by South African President Jacob Zuma who had
been monitoring and nudging the three main political parties in the
inclusive government to end their dispute.

There are three outstanding issues in the GPA which include the Attorney
General Johannes Tomana, Central bank's governor Gideon Gono and the
appointment of Roy Bennett.

Sadc ordered the three parties to fully implement the GPA and clear the
roadmap for the elections due next year by completing the writing of a new
constitution. - Daily News


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Tsvangirai needs to ‘drop informal advisors’

http://www.swradioafrica.com/

By Irene Madongo
22 August 2010

Reports that Prime Minister Morgan Tvsangirai now has to consult the party
over important decisions, is a strong indication that he needs to rely more
on formal structures within the party than his informal advisors, an analyst
has said.

On Sunday the Zimbabwe Standard reported that Tsvangirai can no longer make
senior appointments in his party and government without consulting the MDC-T
National Standing Committee (NSC), as part of measures to stem growing
factionalism. The paper said there have been accusations that the Prime
Minister’s so-called informal advisors or “kitchen cabinet”, which it claims
include Ian Makone and Jameson Timba, recently advised him on his
controversial reshuffle in June, which saw the appointment of Makone’s wife
Theresa as Co-Home Affairs Minister, replacing Giles Mutsekwa.

Analyst Chofamba Sithole said: “There have been concerns about the so-called
‘kitchen’ cabinet, and this has been the structure composed of people loyal
and close to the president of the party. This structure is informal and
subverts the standing formal decision making process within the MDC and
senior members have expressed disquiet about Tsvangirai’s reliance on the
kitchen cabinet to make decisions that are binding on the MDC.”

But the MDC-T dismissed reports of the existence of this ‘kitchen cabinet,’
or that Tsvangirai had been ignoring the committee over meetings. MDC-T
spokesman Nelson Chamisa said that after consultation with his advisors,
Tsvanigrai takes decisions to the national executive committee for approval.
He claims this has been the structure all along.

Chamisa added: “All decisions are made by our leadership. They go to the
executive for endorsement.”


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MDC dismisses ZANU PF’s claims over sanctions

http://www.swradioafrica.com/

By Alex Bell
23 August 2010

Prime Minister Morgan Tsvangirai’s MDC-T party has dismissed claims by ZANU
PF’s Patrick Chinamasa that governors would be sworn in only when targeted
sanctions against the Mugabe regime were lifted.

Chinamasa last week claimed it had been agreed at the Summit of the Southern
Africa Development Community (SADC), that the issue of provincial governors
would be dealt with simultaneously with the removal of sanctions. But in an
angry response to Chinamasa’s claims, the MDC-T said in a statement that
governors were ready to be sworn in regardless of the sanctions, because the
positions were open.

“The MDC-T dismisses the misleading and mischievous report in the state
media that the three principals to the Global Political Agreement (GPA)
agreed that the appointment of provincial governors be done concurrently
with the lifting of restrictive measures.

“Our position in the MDC-T is that restrictive measures are a bilateral
issue between ZANU PF and those who imposed them on grounds of a deficit of
good governance on the part of ZANU PF. It has always been our contention
that the authorship of restrictive measures is located on the doorstep of
ZANU PF,” said the MDC-T in a statement.

The party said it was only trying to help ZANU PF in the lifting of economic
sanctions in the spirit of “inclusivity.” But it said that they “refuse to
be made accountable for ZANU PF’s past sins.” The party accused ZANU PF’s
“primitive tactics” of delaying implementing of the GPA and for further
complicating matters.

“There is no need, therefore, for the opposition party (ZANU PF) to
grandstand about a fictitious position of the principals on the two clearly
separate and unrelated matters of restrictive measures and provincial
governors,” the statement read.

The statement comes as US ambassador Charles Ray has said that targeted
sanctions will remain in place until the implementation of democratic
reforms in Zimbabwe. Ray told a roundtable discussion with senior
editors last week that his country would consider lifting the sanctions only
if there was “real and tangible” reform.

He was reacting to the decision by SADC leaders last week to intensify
pressure for the removal of the sanctions. Ray described the measures,
imposed in 2001, as a reaction “to a situation that was hurting the people
of Zimbabwe and when that situation is rectified then there is no need for
them”.

 


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Invesco's interest in Zimbabwe investment raises concerns

http://www.guardian.co.uk/

Invesco's investment in Zimbabwe-related funds highlights fact investors
have no control over where managers put their money

    * Heather Connon
    * guardian.co.uk, Monday 23 August 2010 11.02 BST

The millions of loyal investors who own stakes in Neil Woodford's duo of
funds, the highly-rated Invesco Income and Invesco High Income, may be
surprised to find a punt on the future of Zimbabwe lurking among the
out-of-favour British companies that have become his trademark.

Woodford has emerged as one of the biggest investors in Masawara, a fund set
up in June "for the purpose of acquiring interests primarily in
Zimbabwe-based companies and projects in sectors such as agriculture,
mining, telecommunications and real estate, which the directors believe
represent investments that will generate attractive shareholder returns".

Zimbabwe is, of course, more commonly known as a country where human rights
are routinely violated; of extreme poverty and chronic food shortages; of
forced slum clearances and land grabs; and of a dictatorial president Robert
Mugabe's who runs roughshod over opponents.

The regime is so bad that it appears on the category A list of places to
avoid produced by Eiris, the specialist in screening for ethical, social and
environmental issues. "Zimbabwe has a reputation as a territory laden with
risk and the threat of crime, bribery and corruption," said Eiris spokesman
Mark Robertson. "[It] appears on Eiris's countries of concern list, which
takes into account human rights risks, including such issues as respect for
political rights and civil liberties, political instability, workers'
rights, women's economic rights and physical integrity right. For these
reasons many responsible investors avoid investment in companies based, or
operating, in the country.'

Ethical specialist Amanda Davidson of financial advisers Baigrie Davies said
the Zimbabwe investment had made her firm consider whether to boycott
Woodford's funds and, although it decided against that, it "highlights the
fact that investors [in funds] have no control over where the manager puts
their money unless it is in an ethical fund". While ethical funds have to
spell out their policies, including areas which they will avoid,
conventional funds simply have to give a breakdown of the sectors and
regions they invest in and disclose their top 10 holdings.

The two Invesco funds own almost 30% of Masawara, worth about £15m based on
the price at which they were listed on AIM last week. But that is negligible
given that the two funds combined are worth more than £16bn. Woodford has
earned a reputation as one of the UK's most successful investors after more
than two decades in which he has delivered table-topping performance,
regardless of the economic conditions.

He currently favours tobacco and pharmaceutical giants such as AstraZeneca
and British American Tobacco but Citywire, the financial website, says the
funds have had other unusual holdings including property in Macau and
warehouses in Russia. While they are UK funds, they are permitted to have up
to a fifth of their investments outside the country.

Neither Invesco nor Woodford would comment on the investment. But Masawara's
own prospectus underlined that human rights abuses are not the only risk in
the country; its prospectus contains 20 pages of risk factors covering
everything from government instability though the unreliability of company
accounting to the fact that at least half of all Zimbabwean businesses have
to be owned by a national.

Africa is becoming a more interesting place for investors with a number of
specialist funds being launched for the area by companies such as Fidelity
and Investec, so it is possible that other fund managers will also have
exposure to Zimbabwe. Henderson's multi-manager team, for example, has a
small stake in a fund called Imara African Opportunities, which is likely to
have holdings there.

"You should think carefully about where your money is invested," said
Davidson. "Even people who do not class themselves as ethical may prefer not
to invest in places like Zimbabwe."
 


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Diamond sale a false economic dawn

http://www.irinnews.org


Photo: David Hecht/IRIN
A file picture showing a dealer sorting rough diamonds
HARARE, 23 August 2010 (IRIN) - An auction of Zimbabwean diamonds has created an air of expectation that the country's economic plight will be eased or even improved, but the stones realized as little as a fifth of their value, and most of the proceeds are expected to benefit controversial mining companies.

The Kimberley Process Certification Scheme - an initiative to prevent conflict diamonds from entering the multibillion dollar global market - allowed Zimbabwe to sell diamonds from the Chiadzwa area of Marange in Manicaland Province. The diamond fields - reputedly the largest find in a century - have been mired in controversy, with constant allegations of human rights abuses since they were discovered in 2006.

Amnesty International has reported that soldiers deployed to guard the diamond fields have forced people to mine the diamonds, which were then smuggled out of the country, while other reports have indicated that security forces were killing illegal miners.

Primrose Mudzengi, 38, a teacher in the capital, Harare, earns a US$150 a month, which she has to juggle to cover the rent, school fees for her two children, food and transport.

"Civil servants like me are virtually living on slave wages. I am confident that our salaries will improve significantly once diamonds are mined and sold on a large scale, and the government can spare more money for us," Mudzengi told IRIN. "I will be able to take my children on holiday as I used to do before the economy started sliding, and stop living like a beggar."

Dickson Chofamba, a Harare-based government mechanic, told IRIN: "Civil servants have suffered for too long, and the discovery of the diamonds should give us a chance to restore our dignity at the workplace. The PSA [Public Service Association, which represents government employees,] should ensure that we get most of the money."

The president of the Progressive Teachers Union of Zimbabwe (PTUZ), Raymond Majongwe, was more pragmatic. It would be "folly for civil servants to think that the diamonds would improve their lives", he told IRIN.

Poor returns

"There are sharks out there who want to line their pockets first and, as it stands, there is a lack of clarity on how much the diamonds would give to our economy by way of job creation, and the value of the diamond deposits is not known," he said.

It is estimated that Zimbabwe would need about US$8 billion dollars to resuscitate the economy. According to mining minister Obert Mpofu the auction raised US$56.4 million, of which the government will receive US$30 million, compared to an earlier estimate by finance minister Tendai Biti that the auction raised US$46 million, with US$15 million coming into government coffers.

Eric Bloch, an economic analyst, told IRIN that ahead of the auction it was hoped the diamonds would sell for US$400 to US$500 per carat, but only "around US$80 per carat" was achieved.

''Contrary to the current popular feeling, there is little evidence that diamonds will translate into our economic panacea''
"Contrary to the current popular feeling, there is little evidence that diamonds will translate into our economic panacea," Bloch told IRIN. "Hopes can easily turn into disillusionment; the economy will not turn around overnight, and the gains will be minimal for some time."

The government will receive 10 percent in royalties and 25 percent as corporate tax from profits made by the mining companies, while the Zimbabwe Mining Development Corporation (ZMDC), a government parastatal, will get a small dividend, Bloch said.

"What many people are failing to realize is that the bulk of the money will not be going to government, but to the mining companies. It is important to develop the other sectors of the economy if the economic situation is to improve," he commented.

Mbada Diamonds and Canadile Miners entered into joint ventures with the Zimbabwe Mining Development Corporation to exploit the diamond concessions, but Annie Dunnebacke, a campaigner for Global Witness, told IRIN that the nature of these deals remained "opaque".

'Drug traffickers, smugglers or plain crooks'

"According to first-hand accounts obtained by Global Witness, as well as media reports, Minister Mpofu told the [Parliamentary Portfolio Committee on Mines and Energy] hearing that he was aware of the 'shady business deals' of some Mbada and Canadile investors, and his own research showed 'that people in the diamond business globally are drug-traffickers, smugglers, or plain crooks,'" Global Witness said in a recent report: Return of the Blood Diamond.

Mbada chairman Robert Mhlanga told participants at the auction that his company would ensure that "every carat of diamonds mined by Mbada Diamonds shall be accounted for", while the Zimbabwe Diamond Technology Centre, a newly formed company, announced in a recent statement that it would ensure that "leakages are minimized, accountability enhanced, and compliance made much more easier".

Innocent Makwiramiti, a Harare-based economist and former chief executive officer of the Zimbabwe National Chamber of Commerce (ZNCC), warned that leakages of diamonds would continue, and could result in the reversal of certification for future diamond sales.

"There are powerful people who are likely to use their positions to smuggle the diamonds out of the country, while illegal mining might continue for some time. In addition, authorities mandated to oversee the mining and sale of the mineral can take advantage of their offices and use all means to understate the amount and quality of diamonds for personal gain," Makwiramiti told IRIN.

Another auction for the sale of 4.4 million carats is scheduled for September 2010, from which government expects to raise US$1.7 billion, but not all industry players support the KPCS recommendation to give Zimbabwe the opportunity to auction the Marange diamond stockpile.

The influential New York-based Rapaport Diamond Trading Network (Rapnet) has threatened its members with expulsion. "Rapaport strongly advises all diamond buyers not to trade in KP certified diamonds from Marange, and to request written assurance from their suppliers that their diamonds have not been sourced from Marange," Rapnet said in a statement.

"Members found to have knowingly offered Marange diamonds for sale on Rapnet will be expelled."



[ENDS]

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


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Namibia’s SADC Test

http://www.namibian.com.na/

20.08.10

SEVERAL presidents and leaders of government of countries in the Southern
Africa Development Community unsurprisingly pussyfooted around the
controversial issue of Zimbabwe this week.

If SADC’s new chairperson, President Hifikepunye Pohamba, is to make a mark
with his leadership of the regional bloc, he will have to pull the rest in a
different direction.
He must nullify the policy of ‘quiet diplomacy’ and get President Robert
Mugabe not only to re-affirm his commitment to human rights but to act in
accordance as well.
The regional leaders left after issuing a communique in which they called on
partners in Zimbabwe’s unity government to iron out their differences within
a month.
We believe that there was initial reluctance even to give a deadline to the
power-sharing government. There was also avoidance as leaders failed to take
decisive action on Zimbabwe.
This includes making a decision on Zimbabwe’s defiance of verdicts by a
regional court that ruled in favour of white farmers whose properties were
seized under president Mugabe’s controversial land reforms.
Instead they shelved the issue by giving themselves six months to review a
stand-off between the Zimbabwean government and the tribunal set up by SADC.
If Zimbabwe continues to show disrespect to the tribunal as they did over
the past months, the body will increasingly be seen as toothless.
According to The Namibian’s sources at the summit, the leaders wanted at
least a year to review the stand-off but this was later changed to six
months.
The stand-off has taken eons longer than many expected and predicted and
needs to be resolved.
As a result many in Zimbabwe have yet to feel and experience the return of
their freedoms.
President Pohamba has a tough task ahead of him but it is an assignment he
can either pass with flying colours or fail dismally, depending on his
attitude towards tackling the ever-present Zimbabwe issue which is always on
the SADC discussion table.
So far the President has made the right noises.
During the summit he said SADC must start meeting the set target deadlines,
and implement all projects and programmes as per schedule.
Although the regional bloc had made some achievements, he added that
challenges and constraints continued to curtail progress in the
implementation of programmes.
His biggest worry was meeting deadlines and that is largely because the
sluggish implementation is not monitored and tackled timeously.
“Failing to implement our decisions has the real potential of calling into
question our commitments and may breed cynicism and frustration among the
people of our region,” Pohamba commented further.
We have restrained ourselves from going into detail about all the protocols
which member countries are failing to implement and decisions taken but not
adhered to, but there is consensus that SADC has no chance of success if it
continues to move at the pace it currently does.
Obstructionists seem to dominate discussions and decisions more. If
President Pohamba want to have a successful term as chairperson, he must
refuse to put on the blinkers his predecessors had in place.
We hope that Namibia can be seen to be rising to the challenge of a SADC
under its chairmanship making concrete achievements in the region.
It is a fact that, if he fails to act timeously both history, and most
particularly the people of Zimbabwe, will judge Pohamba harshly.


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Peace Watch 9/2010 of 21st August [Torture Compensation Claim Trial]

PEACE WATCH 9/2010

[21st August 2010]

Newsflash

Torture Compensation Claim in High Court on 30th August

On Monday 30th August the High Court in Harare will hear the first of the civil claims against the State brought by the abductees of late 2008.  The plaintiff is Mapfumo Garutsa who was abducted at the end of November 2008 and was among those listed as “disappeared”; he was held secretly for a month by State agents before being brought to court for the first time on 29th December as one of the so-called “bomber group”.  He is claiming $190 000 for unlawful arrest and detention and malicious prosecution and for his treatment at the hands of State agents during his detention, citing torture, inhuman and degrading treatment, denial of medical treatment and denial of access to his lawyer.  There are 14 defendants, comprising 7 Ministers and security force commanders, in their official capacities, and 7 named police, CID and CIO officers, cited in their personal capacities.  The trial will be heard by recently appointed Judge-President George Chiweshe [ex-Chairperson of the last Zimbabwe Electoral Commission].

State Case against Human Rights Lawyer reopened after eight months.

Mr Garutsa’s lawyer is Alec Muchadehama, whose labours on behalf of Mr Garutsa and other abductees led to his being placed under surveillance by State agents followed by his arrest and a long drawn-out prosecution on charges centred on his efforts to secure the release on bail of three other abductees.  He was acquitted in December last year.  Now, when Mr Muchadehama must concentrate on representing his client in the forthcoming trial, comes an announcement that the Attorney-General’s Office has lodged an extremely belated application for leave to appeal against his acquittal – not the first time that official action against Mr Muchadehama has seemed calculated to hamper his performance of important professional duties representing clients against the State. 

Another Year without Zimbabwe signing the UN Convention on Torture

News of the impending trial, with its issues of torture and inhuman and degrading treatment, is a reminder that once again the International Day in Support of Victims of Torture has come and gone without Zimbabwe having joined the ranks of the 147 nations who have signed up to the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.  These 147 nations include 47 out of 53 African states.  Of the African states that have signed 12 are from the 15 SADC member States – Angola, Tanzania and Zimbabwe are the only 3 that have not signed.  So Zimbabwe continues to be shamefully out of step with the rest of the region and the continent. 

Question in Parliament on Failure to Sign Torture Convention

In 2001 Parliament passed a motion calling for Zimbabwe to ratify the UN Convention, but the then ZANU-PF Government took no follow-up action.  In May last year, in answer to a question from an MDC-T MP on why the Convention had not yet been ratified, co-Minister of Home Affairs Giles Mutsekwa explained that his Ministry was still looking into the matter.  On the use of torture to extract confessions, he said the Ministry did not approve of this, and pointed out that such confessions are not admissible in court.  This did not answer the question of why the Government was failing to act on a Parliamentary resolution.  It also fell short of outright condemnation of torture as totally unacceptable.  Since then backbenchers have not pressed the Government on the issue of the Convention, although descriptions of the use of torture and enforced disappearance by State agents surfaced during debates on a motion on 2008 election violence.

Torture Deplored by the International Community

UN Secretary-General Ban Ki Moon in his message for the International Day on Torture:

·       urged all States that have not yet done so to ratify and honour their obligations under the Convention against Torture and the provisions of its Optional Protocol;

·       appealed to all States to invite the UN Special Rapporteur on Torture to visit their prisons and detention facilities, and to allow full and unhindered access to those detained there;

·         urged all States that have not yet done so to ratify the International Convention for the Protection of all Persons from Enforced Disappearance, pointing out that this “heinous practice is clearly and historically linked with the practice of torture”.  [Zimbabwe’s recent past illustrates this link – as demonstrated by the story of the abductees, which is replete with allegations of abduction, followed by secret detention and the use by State agents of torture and/or inhuman and degrading treatment.]

UN High Commissioner for Human Rights Navi Pillay [a distinguished South African lawyer and judge, and for eight years from 1995 a judge of the International Criminal Tribunal for Rwanda, including four years as its President, and from 2003 to 2008 a judge of the Appeals Division of the International Criminal Court at The Hague before she became UN High Commissioner] also issued a statement in which she:

·       deplored the fact that many states still “practise torture and do not prosecute those who commit it. Chilling reports of torture cross the desks of UN human rights officials every day, even though those states that practise it try to keep it tucked away in small, dark places”  

·       reminded readers that international law’s “prohibition against torture and other forms of inhumane treatment is absolute and cannot be derogated even under emergency situations”

·       sounded a warning to torturers:  “there is one aspect of all this that should cause even the most ruthless and self-confident torturers to stop and think: in time, all regimes change, including the most entrenched and despotic. So even those who think their immunity from justice is ironclad can – and I hope increasingly will – eventually find themselves in court”.

African Union Guidelines

In 2002 the African Commission for Human and Peoples Rights adopted the Robben Island Guidelines for the Prohibition and Prevention of Torture and Cruel, Inhuman or Degrading Treatment or Punishment in Africa.  Zimbabwe Lawyers for Human Rights in their International Day statement called on the Government to adhere to its responsibilities under the Guidelines and to ratify the Convention.  [Electronic version of Robben Island Guidelines available.]

New Constitution Must Prohibit Torture Specifically

In the present Constitution torture is specifically prohibited, and no exceptions are allowed.  It is vital that the new Constitution contains a similar unqualified prohibition against the use of torture.

Looking back

Regrettably, the past year or so has seen no significant evidence of steps taken by the Zimbabwean government to stamp out the use of torture by its agents or to terminate the impunity enjoyed by those guilty of it.  On the contrary:

·     In June 2009 the Supreme Court was presented with detailed evidence, undisputed by the State, of the use of torture against Jestina Mukoko, director of the Zimbabwe Peace Project, by State agents who abducted her from her home in December 2008 and kept her in secret, unlawful detention for the best part of three weeks.  Three months later the Supreme Court issued an order halting the prosecution of Ms Mukoko, on the ground that her constitutional rights had been so seriously violated by her treatment at the hands of her captors that the prosecution could not continue.  [The court’s full reasons for  judgement is still awaited nearly a year later.] 

·     Other persons seized and secretly held by State agents in late 2008 have presented similar testimony of torture and mistreatment to courts and have also approached the Supreme Court for orders stopping the State from continuing to prosecute them  

·     Like Mr Garutsa, Ms Mukoko and other abductees have launched civil cases against their captors and the State, claiming substantial compensation.  

·     Impunity is exemplified by the failure to prosecute or discipline the State agents accused of torture and other unlawful acts by Ms Mukoko and the other abductees.  Indeed, an affidavit by the State Security Minister placed before the Supreme Court in the Mukoko case stated that the agents were carrying out their mandate and would not be identified.  

·     In October, the Government incurred major international embarrassment by its treatment of the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak.  Mr Nowak had earlier been invited by the Government to conduct an official fact-finding mission, from 28 October to 4 November.  When he was already in transit to Harare, the invitation was withdrawn, ostensibly because of the previously unanticipated consultative process currently taking place in Harare between the Government of National Unity and the Southern African Development Community [SADC].  Although the Prime Minister intervened to repeat the invitation, Mr Nowak was denied entry and detained overnight at Harare Airport before being sent back to Johannesburg.

·      Also in October, just a day before Mr Nowak’s arrival in Harare, MDC-T official Pasco Gwezere was abducted from his home by State agents and held incommunicado for six days before being taken to court accused of involvement in the theft of arms from an Army barracks in Harare.  Later Mr Gwezere detailed acts of torture to which he had been subjected – beatings under the feet [falanga] and about the head, body and buttocks, tying his genitals in a strong cotton thread and pulling them in all directions, and burying him alive.  There were also reports that there had been extensive torture of Army personnel suspected of involvement in the same arms theft.

·     In the trial of Senator Roy Bennett the State attempted, unsuccessfully, to use statements made in 2006 by the main State witness Peter Hitschmann although the statements had not been used in evidence in Hitschmann’s own trial because they had been extracted by torture.

·     In March a report “Cries from Goromonzi - Inside Zimbabwe's Torture Chambers”, commissioned by Crisis in Zimbabwe Coalition, gave a timely reminder that the use of torture in Zimbabwe over the last decade was so systematic that the only possible conclusion is that it was organized.

·     Reports persist of torture and/or inhuman and degrading treatment meted out to civilians by security forces personnel stationed in the area of  the Chiadzwa diamond field.  

With this background, and in accordance with the spirit of the GPA, it is surely time for the Inclusive Government to take steps to ratify the UN Convention and its Optional Protocol – and the Convention against Enforced Disappearance.

 

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

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