The Zimbabwe Situation

Peta Thornycroft | Johannesburg 30 August 2010

Photo: Shari Eppel; Solidarity Peace Trust

"Signing the unity accord:" In 1987, after years of violence against supporters, Joshua Nkomo (Zimbabwe African People�s Union, ZAPU) signed an accord for a unity government with Mr Mugabe. Maseko depicts this moment with blood pouring onto Nkomo's cowed head, with the ever present security forces looking on, 30 Aug 2010

In a rare act of censorship, Zimbabwe's inclusive government has banned artwork by Bulawayo-based artist Owen Maseko that depicts violent political upheavals more than 25 years ago.

A special government order was issued in Harare late Friday banning art works by Owen Maseko, briefly seen by the public last march in the main art gallery in Bulawayo.

The artworks, some of them huge murals, concentrated on political violence in the two Matabeleland provinces in the 1980's aimed at the opposition of that time, the Zimbabwe African People's Union led by the late nationalist Joshua Nkomo.

President Robert Mugabe sent a brigade of North Korean-trained soldiers into rural areas in the two Matabeleland provinces. Few outside those areas knew about this terror campaign, South African and British journalists exposed the atrocities in 1983.

Human rights activists investigated and produced a detailed report years later called "Breaking the Silence", which said about 20,000 people, mostly ZAPU supporters from the minority Ndebele tribe, were killed.

President Mugabe has never made an apology for the campaign, but once described it as an "act of madness."

Maseko's most striking picture is his depiction of a unity accord Nkomo signed with Mr. Mugabe in 1987 that ended the violence, but also brought an end to ZAPU, which had fought the war to end white minority rule alongside Mugabe-led forces.

Shari Eppel; Solidarity Peace Trust"Flushing the votes:" Maseko's cynical view of elections in Zimbabwe, 30 Aug 2010

Another painting of Maseko's view of Zimbabwe elections shows people putting their ballot papers into a flushing toilet.

The government order banning the paintings came from the Home Affairs Ministry under the Censorship and Entertainment Control Act. The ministry is jointly controlled in the 18-month-old unity government by ministers loyal to Mr. Mugabe and to Movement for Democratic Change leader Prime Minister Morgan Tsvangirai.

The censorship authority says the artworks, which it described as 'offensive" are also "tribal." The authority also complained that among the art on display at the Bulawayo Gallery in March was a picture of nude man with exposed genitals.

Veteran political analyst Brian Raftopoulos says censorship is not widely used in Zimbabwe, because people have little access to books. He also says Zimbabweans practice a degree of self censorship through their fear of the state.

Shortly after the gallery opening, police stormed the building, which has large windows at street level, covered the art works with newspaper, and arrested Maseko.

He was charged under laws that penalize anyone seen to "insult" or "demean" the authority of the president.

Mugabe lied about governors - Tsvangirai

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

Written by Gift Phiri
Monday, 30 August 2010 10:37

HARARE - Prime Minister Morgan Tsvangirai has said President Robert Mugabe
(pictured) is lying that principals have agreed to only get MDC governors
sworn in only after western sanctions are removed.

Mugabe told his Zanu-PF party's central committee in the capital Harare last
week that Prime Minister Tsvangirai must call for the removal of a western
travel ban and asset freeze on the 86-year-old leader and his inner circle,
only then can five MDC governors be sworn in in line with agreements in the
global political agreement.
Tsvangirai told party supporters at the launch of a new MDC card Friday that
the principals in the GNU had agreed to a formula for the allocation of the
governors based on the results of the election. "It is for this reason that
the MDC was awarded five governors as a reflection of our mandate from the
people," Tsvangirai said.

The five MDC nominees for the gubernatorial posts are Senator James Makore
for Harare Metropolitan province, Seiso Moyo for Bulawayo Metropolitan
province, Lucia Matibenga (Masvingo), Tose Sansole (Matebeleland North) and
Julius Magarangoma (Manicaland). Mutambara is yet to reveal his partys
choice for governor. Tsvangirai said: "To then artificially link the
allocation of governors to the issue of restrictive measures is a blatant
attempt to undermine the GPA, the inclusive government and the will of the
people.

"Similarly, desperate calls to link future elections to the issue of
restrictive measures is another attempt to avoid the commitments in the GPA
which determines the framework for such elections. This is in line with
SADC's recent resolution to produce a definitive roadmap to these elections
as a clear exit strategy to the Zimbabwe crisis."
Both the European Union and the United States maintain a travel ban and
asset freeze on Mugabe, his wife and inner circle in protest at a series of
disputed elections since 2002 and alleged human rights abuses by his
government.

The unity deal was signed nearly two years ago, but the feuding parties are
still battling over a series of top political posts.
Mugabe told his central committee last week: "They have to get those
sanctions off if they want any concessions from us. There are no more
concessions. We will never ever move," he said.

Problems in Masvingo as outreach meetings abandoned

http://www.swradioafrica.com

By Lance Guma
30 August 2010

Several constitutional outreach meetings were abandoned in the urban areas
of Masvingo on Saturday. Our correspondent, Simon Muchemwa, reports that
only 1 out of 6 meetings were successfully completed after ZANU PF planted
members of the Central Intelligence Organization (CIO) into the outreach
teams.
Those appointed by ZANU PF into the outreach teams, and have been working in
the teams for the past two and half months, were replaced by the CIO's
without notice, Muchemwa reported. Although not using violence to disrupt
the meetings the CIO have been generating silly squabbles amongst the
all-party outreach teams to ensure no meeting is successfully completed. The
only meeting to be completed lasted 5 hours and was dominated by more
engineered 'petty' squabbles.

At Mucheke Hall for example Team number 6 of the outreach failed to complete
its meeting after the ZANU PF CIO rapporteur alleged proper procedures were
not being followed. The arguments were so heated members of the outreach
team almost came to blows. The meeting was abandoned after only 4 out 26
questions had been asked in a total of 2 hours.

An attempt on Monday to finish the abandoned meetings was again disrupted.
This time it was the turn of notorious ZANU PF activist Chief Fortune
Charumbira who is President of Zimbabwe Council of Chiefs. Charumbira, with
the help of the Provincial Administrator and a ZANU PF youth known as
Ephraim Moyo, is alleged to have deliberately misled outreach teams into
going to rural Zaka some 200 km away from Masvingo urban. This meant they
could not go back to the correct venue in time for the meeting to be done.
The disruptions come at a time the Constitutional Parliamentary Committee
(COPAC) was supposed to meet its project board to raise an extra US$5
million funding to extend the outreach by 15 days. Muchemwa told us ZANU PF
knows COPAC is broke and cannot afford to complete the abandoned meetings.
This he said was why they are deliberately resorting to the tactic of making
sure meetings are abandoned.

Chiadzwa families resist relocation

http://www.dailynews.co.zw

By Sidney Saize
Monday, 30 August 2010 14:50

MUTARE - At least 44 families in the diamond-rich Chiadzwa area from Mkwada
village are set for a major showdown with the government following their
resolution Sunday to resist eviction from their roots until they are given
full compensation for their homes and disturbance allowance for the
relocation.

Mkwada village situated about 160 km West of Mutare has 44 families that are
due for relocation from Chiadzwa to Odzi Transvaal Farm, North of Mutare.
The farm was once run by the Agricultural Rural Development Association,
until recently.

An initial 13 families that relocated two months ago are occupying three
bed roomed houses subdivided and shared among the member families.

Mutare West Member of Parliament, Shuah Mudiwa told the Daily News that a
meeting held Sunday at Mkwada village in Chiadzwa with affected villagers
had resolved that they remain resolute not to move from the area until they
are paid compensation.

"The members agreed that they would not go anywhere until they receive
payment for compensation. They also indicated that they want a written
agreement for the payments if the money for compensation is not readily
available," Mudiwa said.

" The villagers swore they were prepared for anything and would not move an
inch until they get what they deserve from the responsible companies that
are mining their precious resource," said Mudiwa.

Mudiwa said a meeting with the villagers and members of the Chiadzwa
Community Development Trust had also resolved that the office of the
provincial administrator and the district administrator involve the sitting
MP, and councillors in their plans to relocate the families.

He said it had been noticed that the PA and DA had not been informing the
local leadership in maneuvers to take the families to Odzi.

Manicaland provincial administrator Fungai Mbetsa said the matter was
entirely in the hands of the governor, and resident Minister Chris Mushowe.

"You have to talk to the governor as he is the one co-coordinating that,"
Mbetsa said.

Mushowe could not be reached for a comment today.

The first group of families evicted from Chiadzwa to Odzi complains that
the new houses are too small for their big families.

Pilani Sigauke, one of the relocated villagers said the new area is insecure
as they were at the farm on a temporary base.

"The houses are small and we are here temporarily. We need to be where we
can make long term plans. We must be told the truth on where we can settle
forever," said Sigauke.

The government of Zimbabwe recently declared Chiadzwa a protected area and
therefore, no human settlements should be near the diamond rich area where
the government awarded tenders to two diamond companies to mine the precious
mineral.

Tsvangirai mourns MDC split at Gibson Sibanda’s funeral

http://www.swradioafrica.com

By Alex Bell
30 August 2010

Prime Minister Morgan Tsvangirai has expressed his regrets that the MDC had
split into different formations, calling it the “saddest thing” in his life.

The two MDC factions were temporarily united over the weekend when they said
farewell to the party’s co-founder, Gibson Sibanda, who passed away last
week. Tsvangirai, who heads the MDC-T, told hundreds of mourners at the
memorial service that he regretted the 2005 split of the party, that saw
Sibanda and other senior MDC leader form a breakaway faction.

“The political developments in this country will never be the same again
after the formation of the MDC, but the saddest thing in my life is the
split of the MDC,” Tsvangirai said.

The MDC-T leader said Sibanda provided “stability and guidance” in his
personal life and political career, calling him a “unifier,” unlike any
other.

Sibanda and the MDC-M’s Secretary General, Welshman Ncube, led the 2005
breakaway from the MDC, following differences over participation in the
senatorial elections that year. Sibanda and others wanted the party to
contest the polls but Tsvangirai overruled, them leading to the fallout.

“What we said after the split, I regret it. I am sorry Gibson for what we
said at that moment, it was a moment of weakness and it was not worth it,”
said an emotional Tsvangirai at Friday’s memorial service.

The service was attended by senior leaders from the two MDC formations and
ZAPU leader Dumiso Dabengwa. Various influential leaders in business and
civil society were also among the mourners at the service.

Sibanda died last Tuesday morning aged 66 after a long battle with cancer.
He was buried at his home village of Komcondo in Insiza on Sunday.

Copac members resume work

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

By Sidney Saize
Monday, 30 August 2010 14:42

MUTARE - Members of COPAC working in Manicaland province resumed work
Monday, calling off a self-imposed holiday the teams had awarded themselves
last Friday.

Chairpersons of the three parties, from the two MDC formations and Zanu PF
in Manicaland province last week announced they would take a week-long
holiday after completing 65 days of COPAC work.

The three chairpersons held in a meeting and agreed to defy a memorandum
from their leaders in Harare which ordered them to continue with their work
in a marathon programme without taking a break.

Zanu PF members within COPAC had in addition boycotted last Friday's
outreach work in Nyanga district demanding that they be paid in full their
outstanding allowances amounting to US$240 before they could resume work.

In a major climb-down, Patrick Chitaka, MDC-T Manicaland chairperson said
they had done away with the holiday.

"There is no more holiday. That leave from work can only be granted by our
leaders in COPAC who are Mwonzora (Douglas), Mangwana (Paul) and Mukosi
(Edwin). Until these leaders say we can go for leave then we can go,"
Chitaka said.

Zanu PF's vice chairperson for Manicaland province Dorothy Mabika shunned
questions put her on the change of heart from her team members who last week
vowed not to go back to work until they are paid in full.

Sondon Mugaradziko of the MDC-M said; "We are taking this process seriously
and we need to work for the country. We have to finish work first and rest
later."

Meanwhile, only four teams out of the usual 10 left for Nyanga on outreach
work, following poor administration from the district administrator's office
in Nyanga.

Four wards were advised of the COPAC visits instead of 10. The other six
teams remained in the city with no area to visit after the DA for Nyanga
Regai Madondo allegedly failed to co-ordinate all the 10 wards.

Madondo could not be reached for a comment today, as he was said to be out
of his office. His mobile phone was unreachable.

Last Thursday the outreach teams did not travel to Nyanga after they failed
to get fuel.

Civil Society to launch historic peace building initiative

http://www.swradioafrica.com

From ROHR Zimbabwe Information Department

Tuesday 31 August marks the official launch of a historic peace building
initiative to be spearheaded by four civil society organizations, Centre for
Community Development in Zimbabwe (CCDZ), Catholic Commission for Justice
and Peace (CCJP), Victims Action Committee (VAC) and Restoration of Human
Rights Zimbabwe (ROHR) under the banner "YOU AND I CAN MAKE PEACE HAPPEN''.
The drive behind the project is to promote peace, tolerance and national
healing among Zimbabweans during the critical time of transformation.
The launch is expected to be graced by various stakeholders among them
government officials, members of the diplomatic core, private sector, media,
lawyers, members from the various political parties. Prime minister Morgan
Tsvangirai is expected to officially signal the rolling of the initiative.
Peace building is one of the critical impetus upon which the transition is
premised to succeed as the country is making efforts to transform from past
legacies of instability and build a bridge into a vision of a democratic
society.
The initiative coincides with the African Union's (AU) recognition for the
need of peace among the human family and the subsequent declaration of 2010
as the year of peace and security in Africa. Taking into context the country's
trajectory, the project seeks to encourage the nation to assume deliberate
responsibility upon every individual to ensure the observance and sustenance
of peace and also among other things:
. Raise awareness on peace building and national healing
. Build skills and capacities among civil society leaders, community members
on peace building, national healing and conflict management.
. Broker relationships among key actors on peace building.
Meanwhile ROHR Zimbabwe celebrates its third anniversary on the night of the
peace building launch after propelled into existence by the need to see a
peaceful, just and free nation that is conscious of and respects human
rights. The organization continues to grow under the guided values of peace,
justice and freedom.
--
For Peace, Justice and Freedom

ZAPU endorses Dabengwa as party leader

http://www.swradioafrica.com

By Alex Bell
30 August 2010

Former ZANU PF politburo member and Home Affairs Minister Dumiso Dabengwa
has been unanimously endorsed as ZAPU President for the next five years.
Dabengwa's nomination was endorsed by the party's fourteen provinces over
the weekend, at the party's congress in Bulawayo. The congress held at the
Zimbabwe International Trade Fair grounds was the first since ZAPU merged
with ZANU PF in 1987 to end atrocities committed by the 5th Brigade in
Matabeleland and Midlands provinces.
But ZAPU pulled out of the Unity Accord two years ago accusing ZANU PF of
refusing to fully implement the agreement, as its members continued to be
sidelined when it came to senior appointments in the united party. The same
situation is now being faced by Prime Minister Morgan Tsvangirai's MDC
party, who are partners in the current coalition government. Many critics
have said the current unity accord is on the same path as the ZAPU, ZANU PF
deal.

The three-day ZAPU congress also adopted amendments to it's founding
constitution, which says that Dabengwa will have to relinquish his party
post if he is elected president of the country.

"All the 14 provinces of ZAPU have unanimously endorsed Dabengwa as the
president of the party for the next five years," Methuseli Moyo, the ZAPU
spokesperson said. "We are ready for the elections and we believe we now
have a candidate who is ready to go to State House with or without a new
constitution."

Meanwhile a legal bid by a group of disgruntled members to stop the
congress, failed after the High Court ruled that the application was not
urgent. The applicants wanted Dabengwa barred from using the name ZAPU and
the party's symbol of a charging bull.
However Justice Nicholas Ndou dismissed the application, ruling that the
applicants had known about the pending congress six months ago.
"There is no urgency at all in the application and in any case the confusion
which might arise from the national congress can be cleared by a public
statement from the applicant," the judge said.

Council Discharges Sewage Into Water Sources, Court Told

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

30 August 2010

Harare - Harare City Council is reportedly releasing 2,02 million litres
(202 megalitres) of raw sewage daily into streams and rivers that feed into
its main water source.

This translates to 33 percent of water the council treats and pumps into its
reticulation system per day.

On an average day, the city's water treatment plants have the capacity to
purify about 600 megalitres (600 million litres).

This was disclosed at the Harare Magistrates' Courts last week when the
Environ-mental Management Agency dragged Harare City Council to court for
allegedly discharging sewage without a valid licence according to Section 57
of the Act as read with Section (5) (1) of Statutory Instrument 6 of 2007.

The city council is further accused of obstructing or hindering the
watchdog's inspector from investigating city operations at the plant
according to Section 137 of the Environmental Management Act Chapter 20:27.

A further charge arises for the city's alleged failure failing to deal with
both effluent and solid waste in its suburbs.

Magistrate Mr Never Katiyo heard the case while Mr Editor Mavuto prosecuted.

Presenting evidence in court last Tuesday, EMA's environmental quality
officer, Ms Tapiwa Munezvenyu, said on February 8 this year she was tasked
to investigate a sewage discharge emanating from Firle sewer plant after a
tip-off from the public.

Two days later, a team from EMA was allowed to enter the plant on condition
they left their cameras behind.

The source of the discharge was traced to a manhole within the treatment
works, she told the court.

The City Council was issued with two tickets, whose amounts were not
disclosed, and ordered to rectify the problem.

According to Ms Munezvenyu, this was never done.

City spokesperson Mr Leslie Gwindi last Friday confirmed council purified at
least 600 megalitres of water, but declined to go into details on the
situation at Firle sewage treatment plant, arguing the matter sub judice.

"We are going to take you guys (media) on a tour of the treatment (sewage)
next week," said Mr Gwindi.

City director of water and sanitation Engineer Christopher Zvobgo confirmed
the city had eight sewage treatment plants but only Firle and Crowborough
were in sound working condition.

"Of the eight sewer treatment plants only Firle and Crowborough are working
and they are producing 144 megalitres and 58 megalitres respectively," said
Eng Zvobgo.

He also declined to respond to EMA's claims, arguing the matter was still
before the courts.

Earlier this year, EMA made an urgent chamber application to the High Court
for council to stop discharging raw sewage into rivers and streams around
the capital.

The High Court, however, ruled that the application was not urgent,
prompting the environmental watchdog to approach the magistrates' courts.

At a fire awareness campaign in Mt Darwin recently, Environment and Natural
Resources Minister, Francis Nhema called for the creation of an
Administrative Environmental Court to deal with such agent matters.

"If people continue to deposit raw sewage into our sources of drinking water
and the courts are saying it's not urgent when people are risking their
lives, we have to lobby for special courts to deal with these matters,"
Minister Nhema said.

Last month, environmentalists warned of a new cholera outbreak in urban
centres as local authorities were discharging raw sewage into sources of
drinking water.

Mixed reaction to Zimbabwe’s new teen parent law

http://www.thezimbabwemail.com

30 August, 2010 01:43:00 Sapa-DPA

ZIMBABWE’S government has had to fend off charges that it is encouraging
teen sex after deciding to grant parental leave to pregnant schoolgirls and
soon- to-be dads.
The Education Ministry last week announced that young girls who fell
pregnant during their studies would no longer face automatic expulsion from
school.

Instead, they would be given three months’ leave and allowed to resume their
studies shortly after giving birth. Student nurses, who faced the same
sanction, would also be allowed to pick up where they left off.

The move brings Zimbabwe in line with other countries in the region,
including South Africa and Namibia, which try to accommodate rather than
stigmatise teen moms.

Zimbabwe goes one step further by giving boys who father children three
months’ leave, to encourage them to support the mothers.

However, the development has not gone down well with conservative groups
such as Tsika Dzedu (Our Culture), which conducts programmes in schools to
teach Zimbabweans about their culture. “It is taboo to allow such
absurdity,” Muchineripi Marere, the group’s head, railed. “It is
unmentionable in African culture to allow girls to get pregnant, let alone
promote it.”

The government retorted that it was a matter of common sense. “I think we
have been punishing our children, who in most cases would have fallen
pregnant because of a lack of knowledge of the hazards of what they are
doing,” Minister of Education David Coltart said. “I know we have received a
bashing on this. But I think we are just being realistic. Teenage pregnancy
happens and we can’t run away from that situation.

“Expelling them is retrogressive as it promotes illiteracy, something which
we, as a government, are totally against.”

Intellectuals and parents of pregnant teenagers have applauded the move.

“It never made sense that in Zimbabwe, the girl who fell pregnant was
expelled while the boy who made her pregnant remained in school ,” Zimbabwe’s
Petina Gappah, author of the acclaimed short story collection An Elegy for
Easterly, wrote on Facebook. “The government of Zimbabwe shows that, where
it chooses , it can be progressive. More of the same please!”

There are no statistics, but a headmaster at a girls’ school in Harare said
they had up to two pregnancies a year out of 700 pupils. — Sapa-DPA

Zanu-PF on course to another stolen election

http://www.swradioafrica.com

BY BEAULAH MASIYANISE
30 August, 2010

Movement for Democratic Change and Human Rights activists expressed rage at
Robert Mugabe's call for amnesty to perpetrators of politically motivated
crimes. Mugabe stated that the National Healing programme was not going to
criminalise political violence perpetrators, in which MDC-T is in total
disagreement with Mugabe's statement. This statement comes with no surprise
as Mugabe and ZANU-PF where and still are behind all the political violence.
Mugabe is giving ZANU-PF the green light to continue brutalising MDC
supporters. Human Rights will be continuously violated. This is indeed a
blanket cheque for continued ZANU-PF perpetrated violence.

Mugabe's statement is a direct conflict with the wishes of the people who
were brutalised and killed by militant sections of his party. This means no
justice for the 30 000 Gukurahundi victims killed in the 1980s genocide, but
victory for the perpetrators who are Mugabe, Emmerson Mnangagwa, Constantine
Chiwenga, Perence Shiri and Phillip Sibanda.
No justice for victims of the June 2008 violence and murders, but victory
for Zanu-pf and its militia. There will be no justice for the ongoing
violence against opposition party supporters, outreach programmes, human
rights organisations, media, but victory for Mugabe and Zanu-pf. But Mr
President, there is no reconciliation without transitional justice. There
must be no sacred cows. Justice delayed is justice denied. But justice
denied is always victory for Zanu-pf.

Zimbabwe's state controlled media, Zimbabwe Broadcasting Cooperation is
sabotaging the national constitution-making process after COPAC has failed
to flight advertisements on television after ZBC allegedly charged
exorbitant fees. ZBC continues to air divisive Zanu-pf jingles but is not
airing COPAC jingles to promote the process which is supposed to be a
national process. ZBC and the state media are not doing anything to raise
public awareness on the constitution.
COPAC's commitment is to inform and enlighten Zimbabweans through airwaves
and newspapers with information on the constitution-making process. This is
a calculated move to keep the ordinary Zimbabwean in the dark and to give
way to the ongoing Zanu-pf constitution related violence unleashed
nationwide, many of whom have given in to Zanu-pf as they can no longer bear
the brutality of being in opposition to Zanu-pf.

In Namibia, ZimRights hosted an exhibition highlighting the violence
perpetrated by Mugabe and Zanu-pf. The gory acts of violence meted out to
ordinary Zimbabweans during the 2008 elections was presented through
pictures and video. ZimRights decided to stage the exhibition in Namibia
after failing to showcase it in Zimbabwe due to police threats and the
exhibition being banned in May.
Mugabe and Zanu-pf continue to maintain its iron grip on the country's
media. As a result, the only voice heard across the land, on radio,
television, exhibition and gatherings has to be pro Mugabe and Zanu-pf. If
you live in a country where you can only hear the state radio or watch the
television playing the same propaganda for the past eight years, its bound
to have positive effect on Mugabe and Zanu-pf.

Top Zimbabwean government officials being probed for corruption, mainly
Zanu-pf cabinet ministers have brought the Anti-corruption Commissions
investigation to a halt by starving it of funds and failing to appoint
commissioners. Not appointing new commissioners violates the pact setting up
the government of National Unity. New commissioners should have been
appointed and sworn in by now. The operation has been crippled as no funds
have been channelled to the secretariat in charge of investigations. Because
it has workloads of files on mostly Zanu-pf ministers, senior bureaucrats
and those with Zanu-pf connections, the top government Zanu-pf officials are
frustrating efforts to have new commissioners appointed. The main role of
the commission has in fact been to protect powerful and well connected wrong
doers while raising a storm about petty offenders who should ordinarily and
routinely be dealt with by the police. They are aware that the new
commissioners will include people from the MDC who will not protect them in
anyway. Mugabe's band of willing accomplices are benefiting enormously from
his time in power and will stop at nothing to make sure it remains like
that, as any such revelations will be the end of Zanu-Pf. If the electoral
roll is not cleaned up and electoral reforms are not in place, Zanu-pf would
make sure that Mugabe wins the next polls. There is not much for the MDC in
this Unity Government but to fight for electoral reforms so that they put
Mugabe and his ZANU-PF in its rightful place as the opposition party.

LM Edition 60

Bill Watch 32/2010 - 30th August [Update on Inclusive GovernmentDisputed Issues]

BILL WATCH 32/2010

[30th August 2010]

Update on Inclusive Government Disputed Issues

Stalemate on Outstanding Issues

It is now 13 days since the SADC summit ended on 17th August and there has been no movement on the three outstanding issues which the Summit recommended should be settled within one month. On the 20th August at ZANU-PF’s Central Committee meeting President Mugabe categorically stated that he will make no further “concessions”, and will not implement the agreed formula for sharing provincial governorships, until sanctions have been lifted. [“Concessions” seems a misnomer when what is really at issue is action by President Mugabe to comply with the GPA or resolve disputes mostly based on his unilateral actions violating the terms and spirit of the GPA].

It is not within the power of the other two parties to lift the sanctions and measures imposed in the exercise of their sovereignty by the governments of foreign states who are answerable to their own taxpayers and have made it plain that sanctions will remain until they see democratic reforms implemented in Zimbabwe. So, as MDC-T and MDC-M have already called for sanctions and measures to be dropped and joined with ZANU-PF in re-engaging the international community, it is difficult to see what more they can reasonably be expected to do. By making action that is well within his power depend on something the other parties cannot deliver – the lifting of sanctions – the President prolongs the stalemate on the remaining outstanding issues to the frustration of most Zimbabweans.

The 3 Outstanding Issues [the Summit stated these have to be settled in month]

· Governor of Reserve Bank: The MDC-T objects to the renewal of his contract made unilaterally in breach of the Memorandum of Understanding signed by the parties and the spirit of the GPA. As amendments to the Reserve Bank Act have since ruled out the Bank’s former quasi-fiscal role, modified the Governor’s powers and resulted in a new Board, there may be room for compromise on this issue.

· The Attorney-General’s appointment remains a very important issue, as one of the reasons foreign governments do not remove the limited sanctions is their perception that under the incumbent Attorney-General prosecutions are politically biased – a perception shared by many Zimbabweans. It is unlikely that this perception will be affected by the pending Attorney-General’s Office Bill [not yet available] aimed at taking the Attorney-General’s Office out of the public service. [This shows how important it is that the new Constitution should ensure that anyone appointed as Attorney-General is independent of party politics. An alternative would be to end the situation in which the Attorney-General doubles as chief prosecutor and chief Government legal adviser with a seat in the Cabinet and provide instead for a separate Director of Public Prosecutions who must be independent of party politics.]

· Swearing-in of Roy Bennett. The excuse for the continued refusal to swear in Mr Bennett as Deputy Minister of Agriculture, notwithstanding his acquittal, appears to be the State’s attempt to keep the criminal case alive by appealing against the acquittal. The refusal is inconsistent with the presumption of innocence. [However, by sticking to principle instead of nominating a replacement for Mr Bennett, even on a temporary basis, MDC-T has forfeited the benefits that might have flowed from having a Deputy Minister able to monitor the administration of the Ministry of Agriculture by the ZANU-PF Minister. It is part of the GPA checks and balances that most Ministers are shadowed by a Deputy Minister from one of the other GPA political parties.]

Provincial Governors On 18th August MDC-T Secretary-General Tendai Biti said at a press conference that MDC-T expected early appointment of new provincial governors in accordance with the formula already agreed. The two-year terms of office of the governors appointed in August 2008 having expired, it remains to be seen whether they will now be “unilaterally” reappointed to continue in office for the time being. According to the GPA [Article 20.1.3(p)] the President should appoint governors “in consultation” with the Prime Minister – and this means that the Prime Minister has to agree. [By virtue of section 115(1) of the Constitution, “in consultation with” in the GPA means that the President must secure the agreement of the person consulted – but this clause of the GPA has been frequently ignored.]

Issues Agreed on by Principals and in the Implementation Matrix

Cabinet on 24th August approved the implementation matrix agreed to by the three party principals, referred to in the Zuma report and endorsed by the SADC Summit. The complete matrix, showing the 24 agreed issues, agreed action, implementation mechanisms and time frame, will be sent out in the next Bill Watch. Some of the most important issues are:

· Re-gazetting of Constitution Amendment 19: process to be started immediately [see details below]

· Amendments to Electoral Act: legislation to he completed immediately

· Land Audit Commission: Commission to be appointed within a month to carry out the land audit [GPA, article 5]

· Land Tenure Systems: systems emphasising lease-hold and security of tenure with collateral value to be worked out with a month

· National Economic Council: establishment to be expedited within a month

· Media Issues: New Zimbabwe Broadcasting Corporation board to be appointed, Broadcasting Authority board to be regularised, and Media Trust to be constituted, all within a month [but nothing about AIPPA- see below]

· Action on Human Rights and Corruption Commissions: regularisation of Human Rights Commission [by inclusion of one more woman member as required by Constitution] and appointment of Anti-Corruption Commission to be expedited, within a month

Important Issues Omitted from the Agreed Implementation Matrix

These issues were neither listed in the Zuma report as resolved by the principals nor as outstanding issues, nor are they included in the implementation matrix:

· National Security Council and JOC: While the NSC has met more regularly this year after not having the statutory monthly meetings in 2009, there are still the problems of: the continued separate existence of the notorious Joint Operations Command [JOC] which it was believed the NSC would replace; whether the security forces are really answering to one party or to the inclusive government; the militarisation of so many state institutions; and, the reported setting up of militia bases.

· Delay in legislative reform: GPA Article 17 envisages as a priority new legislative measures to entrench democratic values and practices. AIPPA and POSA remain unamended.

· Unilateral decisions by the President: e.g. appointment of judges, ambassadors and governors, etc, when the GPA stipulates that the Prime Minister’s agreement is required.

· Escalating violence: The recent resurgence of violence and intimidation associated with the constitution-making process and early preparations for the next elections do not merit a mention.

19th Amendment to Constitution

President Zuma’s report to the SADC Summit recorded that the three party principals had agreed that “the Minister of Justice should start processes immediately to get Constitution Amendment 19 “as approved by Parliament” to be gazetted and signed”. Constitution Amendment 19, gazetted as Act 1/2009, was much shorter than the Bill approved by Parliament. [See Bill Watch 6/2009 of 24th February 2009.] This agreement does not envisage Parliament being reconvened and asked to reconsider Amendment 19 – it merely means that the full text of the Amendment will be gazetted to replace the abridged version gazetted as Act 1/2009. The material to be restored by re-gazetting Amendment 19 consists of the omitted Schedules 9, 10 and 11 and related provisions:

· Schedule 9, containing GPA Article 14, as a “guide” for the conduct of traditional leaders and referring to the need for them to be non-partisan

· Schedule 10, containing GPA Article 6, as a “guide” for the constitution-making process, including the timetable which the Parliamentary Select Committee on the new constitution has failed to follow

· Schedule 11, the text of the whole GPA, “for the information of the public”.

Comment

Impact if Constitution Amendment 19 is Re-Gazetted: While setting the record straight is commendable, the gazetting now of the unabridged Constitution Amendment 19, i.e. with the missing provisions included, is unlikely to have any practical legal impact, in the sense of creating actionable legal rights or obligations, because:

· Schedule 11 is for information only.

· Schedules 9 and 10 are merely “guides” – not the right word to describe legally binding obligations enforceable by ordinary citizens. And not one of the three schedules is stated to have legal effect.

The important Schedule 8 was in Constitution Amendment 19 as gazetted in February 2009. It sets out Article 20 of the GPA [framework for the inclusive government] and states that Article 20 modifies the Constitution for the duration of the Inclusive Government.

Concern has been expressed that the constitution-making process may be invalidated by gazetting the Schedule setting out its time-frame because the suggested dates are already out by 10 months, thus invalidating the constitution-making process for having missed its deadlines. But as this schedule is merely a “guide” this is not so – although if it had been included in Amendment 19 last year the time limits for each stage of the constitution-making process might have been treated with more respect.

Is the Status of the Originally Gazetted Amendment 19 Questionable?:

There is another question. If – as is implicit in the principals’ agreement to re-gazette – Amendment 19 as gazetted last year did not contain the whole of the Bill “as approved by Parliament”, it will be possible to argue that it has been null and void all along – because the Constitution provides that it is the Bill approved by Parliament that must be gazetted as an Act. If it has been null and void all along, this would mean that Schedule 8 [Article 20 of the GPA] has not been a valid part of the Constitution and consequently that the Constitution does not at the moment provide for an Inclusive Government, or for a Prime Minister and Deputy Prime Ministers, or for special additional Parliamentary seats for them and for four MDC-T and six MDC-M nominees.

The counter-argument would be that in reality all the substantive parts of the Bill approved by Parliament were gazetted and that the missing provisions are not significant. Given the serious consequences for the nation of nullifying the originally gazetted Amendment 19, experienced constitutional lawyers Veritas has consulted are of the opinion that counter-argument would be likely to prevail if the matter ever came to court.

Note implementation Matrix to follow in next Bill Watch

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

Bill Watch 33/2010 - 30th August [Implementation Matrix for 24Agreed Inclusive Government Issues]

· Issue 11, Ministerial Mandates [assignment of Acts]: the agreed action is the preparation by the Chief Secretary to the President and Cabinet and the Secretary in the Prime Minister’s Office within a month of a report and its submission to the leadership of the Inclusive Government. This merely puts off resolution of the issue for an indefinite period.

· Issue 4, Hate Speech in the Media: the agreed action avoids the real problem by calling for a directive to the media to support all agreed government programmes and put a stop to attacks against Ministers implementing such programmes. Criticising a government programme or the work of a Minister is not an accepted definition of hate speech, so this item avoids the problem of the use of hate speech which may incite violence, and raises the question of whether this directive is aimed at curbing legitimate criticism in the independent media.