http://www.radiovop.com/
Bulawayo,
August 06, 2012 - The Transparency International Zimbabwe (TIZ)
executive
director, Mary-Jane Ncube, has labelled the unity government
corrupt.
“Corruption is one of the major stumbling blocks in moving
the country out
of the current crisis .This reflects a government which is
not listening to
the people .People are saying we are sick and tired of
corruption and we are
experiencing it in every aspect of our lives, but the
government is failing
to address this issue except making it a political
rhetoric,” said Ncube
during the launch of TIZ Bulawayo
office.
Ncube added: “When the unity government was formed parties in
the Global
Political Agreement agreed to stamp out corruption but they have
total
failed.”
Speaking at the same occasion former president of
Confederation of Zimbabwe
Industries CZI) Matebeleland chapter, Ruth Labode,
said: “Most companies in
the city remain closed despite promises by
government to release funds to
revive them through the Distressed and
Marginalised Areas Fund (Dimaf.”
Bulawayo used to be the industrial
hub of Zimbabwe but since 2000 industries
have collapsed due to viability y
problems.
In October last year, the government pledged to avail funds
under the
much-touted “Let Bulawayo Survive Campaign”.
More than 85
companies have closed shop in Bulawayo while others have
relocated to Harare
and other towns, leaving more than 20 000 workers
jobless.
Old Mutual
and the government agreed to provide $40 million as seed capital
with both
parties contributing $20 million. The government claims it has so
far
managed to release $10 million towards the fund.
http://www.theindependent.co.zw
August 6, 2012 in News
Staff
Writer
THE Comptroller and Auditor-General’s Narrative Report on
Appropriation
Accounts and Miscellaneous Funds and Donor-Funded Projects for
2010 shows
that equipment and money valued at US$40 000 donated by the
Brazilian
government to the National Civil Protection Fund cannot be
accounted for.
The fund, administered by the Ministry of Local Government,
provides
resources for emergency disaster management and civil
protection.
The report notes computer equipment valued at US$39 000
as well as US$1 000
donated for the construction of a footbridge in
Chitungwiza is missing. The
footbridge was never
built.
Auditor-General Mildred Chiri stated in her report that
the agreement with
the Brazilian government stipulated that the donation had
to be utilised
during the financial year it was availed.
She
warned against Zimbabwe’s misuse of donor funds, saying it may affect
future
relations with donor states and communities in need.
“Failure to
honour terms of agreements may impact heavily on the country as
no such
assistance may be given again in future. The community was deprived
of the
facility of the footbridge for the benefit of the Chitungwiza
community as
had been planned,” she said.
http://www.thezimbabwean.co.uk
President Robert Mugabe has requested
parliament to sit tomorrow to ratify
the $164 million loan from China for
the upgrading of the Victoria Falls
Airport ahead the UN World Trade
Organisation symposium slated for next
year.
06.08.1202:50pm
by Staff
Reporter
The loan deal had reportedly caused a rift in the
government due to
untenable Chinese demands.
The country’s level of
preparedness for the global tourism showcase to be
co-hosted with Zambia
came into the spotlight after revelations by a senior
government official
that the country had used computer generated images as
well as lied about
the state of the country’s infrastructure, particularly
the Victoria Falls
airport and medical facilities, to UNWTO organizers when
he appeared or a
parliamentary portfolio committee hearing.
The controversial Chinese deal
which is believed to have been agreed on in
principle in April this year had
been held back amid reports that contents
of the deal caused a rift in
cabinet, which forestalled its implementation.
The deadlock saw hardly
any progress being made on the upgrading of the
Victoria Falls airport as
well as on the building of a medical facility in
Victoria Falls in
preparation for the visiting UNWTO officials next year.
Stung by lack of
financial resources, the government appears to have
resorted to the Chinese
loan in order to make the event a success.
Both the House of Assembly and
the Senate are expected to rubber stamp the
loan agreement in line with
Section 111B of the constitution which allows
for the parliament’s approval
of international grants with financial
ramifications for the
government.
Both houses had adjourned to the 3 September. Zimbabwe and
Zambia are
co-hosting the global tourism event set to boost the tourism
fortunes of
both countries.
However, both countries have been trading
blame on their preparedness, with
Zimbabwe accusing its partner of not
taking the event seriously.
Zambia has changed its tourism ministers, a
development Zimbabwe feels
jeopardizes efforts to successfully hosting the
event.
http://www.swradioafrica.com/
By Lance Guma
06 August
2012
Members of the army, police and Central Intelligence Organisation
(CIO) are
secretly being recruited to take charge of the upcoming national
population
census that will likely determine the constituency boundaries for
the
general next election.
A teacher told SW Radio Africa there was
crowd trouble at Gokwe Centre on
Monday, as nearly 800 people who registered
to be employed by the Zimbabwe
Statistics Agency blocked the route of an
Education Officer (EO) attempting
to drive away. They had been camped there
waiting to hear if they were going
to be employed in the census.
The
EO’s are the one’s who compile the lists of people who will participate
in a
four day training workshop before they conduct the actual counting of
people, which will take 2 days. Despite being told the list would be out
last week this did not happen.
“Schools closed on Wednesday, so
teachers and headmasters who will be
enumerating were advised to check their
names at the district office on
Wednesday. So when we went to check there
was nothing. We were asked to
check Thursday, Saturday and now Monday,
nothing,” the teacher said.
It’s reported those working during the census
will receive $90 daily
allowances plus a flat fee of $800. Our source in
Gokwe however said: “These
are just rumours; no one is sure what the figures
will be. Some say it will
be $20 per day.” But the exercise is offering
poorly paid civil servants a
chance to supplement their income.
“We
have come here with our bags in case we get picked and the training
takes
four days,” the source said. He said they are worried that a large
number of
soldiers and known CIO’s, numbering nearly 300, could be seen
milling around
and openly telling them “we don’t trust you and we are the
ones who will run
this exercise.”
MDC-T spokesperson Douglas Mwonzora said they had
received reports of ZANU
PF attempts to monopolise the process in Zaka,
Masvingo and Manicaland.
Deputy Justice Minister Obert Gutu, an MDC-T
senator, said the ‘screening
process’ was targeting people perceived to be
supporters of the MDC-T.
According to Finance Minister Tendai Biti the
census data is meant to be
used by the government ‘to serve the people
effectively’ and not be used for
political means.
The census will
take place on August 17 and 18 will cost $37 million.
Government also said
it would verify the number of Zimbabweans living in
exile, although no
information has been published to indicate how they plan
to achieve this.
http://www.swradioafrica.com/
By Alex Bell
06 August
2012
Members of the Chiweshe community in Zimbabwe have expressed anger
that a
much loved doctor has been evicted from his post as head of the
Howard
Hospital, allegedly because of a fight over the funding of the
facility.
Dr. Paul Thistle, a Canadian doctor who has spent more than
sixteen years
helping Zimbabweans, was forced to pack up his belongings and
leave the
hospital after a team of riot police were dispatched to evict him.
It’s
understood that Dr. Thistle has since been confined to his home by more
police officers and suspected CIO agents.
The orders are believed to
have been handed down by Vice President Joice
Mujuru who is a senior member
of the Salvation Army which runs the hospital.
SW Radio Africa was unable to
confirm if the orders came from her.
Dr. Thistle was apparently ordered
to leave, allegedly for ‘undermining’
Salvation Army operations by securing
private funding for the facility. The
hospital is supposed to receive some
state funding, but it relies mainly on
donations to stay afloat. It is
understood that Dr. Thistle has worked
relentlessly in securing as much
money as possible to carry on his work,
which has included many development
projects.
A Chiweshe community member told SW Radio Africa that this
money is now
being used as the reason for getting rid of Dr. Thistle, but
said there is
“more to this than just money.” The resident meanwhile said
the community
will struggle without Dr. Thistle, describing the doctor as a
key part of
their lives.
“He has been working with the community for
years. He helps the elderly, he
helps the orphans, he helps everyone. He has
been building schools and doing
other projects, just to help people in
Chiweshe,” the resident said.
Founded in 1923, Howard Hospital was
started by the Salvation Army as a
school and developed over the years into
a training hospital. Dr. Thistle
took over from his predecessor, a fellow
Canadian citizen, many years ago
and has since been embraced by the
community.
Human rights activist Phillip Pasirayi said on Monday that
people like Dr.
Thistle are a necessity in Zimbabwe, where the government
cannot provide or
support its people. He said that the doctor’s eviction is
“sad, but
unfortunately not surprising.”
“This is the type of
behaviour of ZANU PF we have seen for years, where they
basically don’t want
anyone else but ZANU PF in control or doing anything,”
Pasirayi
said.
He explained that other efforts to try and develop communities in
Zimbabwe
have been thwarted by ZANU PF in the past, including a project by
the Bill
Gates Foundation to build proper housing in Mbare. That project was
put on
hold because of violence and intimidation by the ZANU PF aligned
Chipangano
gang.
“It is sad because this is happening when the
majority of people ion
Zimbabwe are suffering and need help from people like
Dr. Thistle. It is the
ordinary Zimbabwean that loses out time and again,”
Pasirayi said.
http://www.bloomberg.com
By Brian Latham - Aug 6,
2012 11:18 PM GMT+1000
Zimbabwe exported 7.15 million carats of
diamonds in 2011 through 148
Kimberley Process certificates as restrictions
on exports from the Marange
area curbed sales.
The Kimberley Process
canceled 44 certificates in the year, the
organization, which monitors trade
in diamonds, said in its annual country
report. Zimbabwe’s military and
police have been accused of human rights
violations in the Marange
fields.
“The year 2011 remained a difficult year for rough diamond
exports from
Zimbabwe due to protracted restrictions on exports produced
from the Marange
area, leading to the cancellation of many certificates,”
according to a
statement from the process.
Access to Marange is
controlled by Zimbabwe security forces and data rarely
released. Several
closely held mining companies from South Africa, China and
Dubai dig
diamonds in the area in joint ventures with state-run Zimbabwe
Mining
Development Corp.
The U.S., European Union, Australia and New Zealand
have imposed trade
restrictions on Zimbabwean companies including ZMDC over
accusations of
human rights abuses by President Robert Mugabe’s Zimbabwe
African National
Union-Patriotic Front party.
New York-based Human
Rights Watch in 2008 said at least 200 people were
killed by security forces
in Marange in an operation to remove illegal
miners. The Marange diamond
fields were seized from U.K.-based African
Consolidated Resources Plc in
2006.
The fields were then divided between Mbada Mining (Pvt) Ltd.,
Canadile
Mining (Pvt) Ltd. and China’s Anjin.
Rio Tinto Plc’s Murowa
mine and closely held River Ranch Mine (Pvt) Ltd. in
Zimbabwe aren’t subject
to Kimberley Process scrutiny because accusations
haven’t been made against
them
http://www.dailynews.co.zw
Written by Business
Writer
Monday, 06 August 2012 12:28
HARARE - The whereabouts
of Zimbabwe’s dividends from the Marange diamond
fields continue to be
topical with Finance minister Tendai Biti making
serious allegations of
resource plunder by Zanu PF functionaries within the
echelons of these
mining activities.
In his 2012 Mid-Term Fiscal Statement, Biti argues
that from the projected
$600 million, the Treasury only received less than
$200 million.
He further intimated that the mining concerns continue to
extract the
resources and dispose the returns clandestinely.
This
assertion makes sad reading immediately as it comes after the
certification
of Anjin, Mbada and Marange Resources by the Kimberly Process
Certification
Scheme.
When crafting a national budget and establishing sources of the
projected
income, the fiscal authorities are expected to ensure that the
source of
revenue meets, inter alia, three key attributes.
Firstly,
the source of revenue must be legal and governed by a distinct
legal
framework that regulates it.
This entails that the presence of a clear
legal framework will eliminate or
minimise revenue leakages, empowers the
government to audit the source of
revenue and also provide for criminal
sanction should revenue remittance
defaults arise.
Secondly, the
source of revenue must be free from any political or economic
encumbrances,
either domestically or externally.
This means that the subsistence of the
source of revenue must not be
subjected to embargoes or other inhibitive by
whoever so that the tenure and
security of the source of revenue is least
interrupted to ensure continued
harvest of revenue.
Thirdly, the
source of revenue must have the total political will and
support of the
political actors (all of them in their diversity).
This is key in
ensuring that there is policy consistency at all-time
regardless of which
political party(ies) rules in order to ensure that the
source will not
suffer any undue political interference.
Commercial and large-scale
diamond mining started in Marange less than four
years ago. To date, the
aggregate investment of the five mining is circa
$800 million and by far the
biggest investment in Zimbabwe since 2000.
The various diamond mines are
largely a 50-50 joint venture between Zimbabwe
Mining Development
Corporation (ZMDC) and other foreign investors.
ZMDC is a wholly-owned
government entity and was established by an Act of
Parliament, the Zimbabwe
Mining Development Corporation Act, 31 of 1982. Its
mandate is to, on behalf
of government of Zimbabwe, conduct profitable and
commercial mining
ventures, jointly or solely.
In 2009, under serious budgetary pressures,
a deal was struck with these
mines to remit monthly to Treasury funds to
cover for “key government
expenses, which include the civil service wage
bill...”
This development is unprecedented in the history of extractive
mining in
this country since the arrival of the Pioneer Column.
There
is no mining house that had made payments to government in that
fashion.
Even Tony Rowland of the Lonhro fame would not have acceded to such
request.
To date, these diamond mines have contributed more than $380
million to the
fiscus.
The Marriam-Webster business dictionary
defines dividends as..”a sum of
money paid regularly by a company to its
shareholders out of its profits.”
The remittances from diamond mines
cannot be classified as dividends because
dividends, by their nature, are
declared after a successful 12-month
business calendar year showing surplus
of after payments of all operating,
fixed and statutory payments.
The
remittances Biti is referring to are not outstanding statutory payments
because all these five mines are up to date on their pay as you earn, value
added tax, royalties and Income tax obligations.
They may, however,
qualify as shareholder’s loan. What makes this
arrangement unique and
unheard of is the fact shareholders (government) want
to receive funds
before full recovery of the investment made.
Worldwide investors always
ensure that they have fully recovery of their
investment before settlement
of dividends.
Minister Biti has alleged, without providing empirical
evidence, that these
diamond mines are not remitting the funds to Treasury
as earlier agreed and
are therefore siphoning the funds into a parallel
economy that is being used
to build a war chest for Zanu PF ahead of crucial
elections.
He further alleges that some of the key people in this diamond
mining
operation now own private jets and a string of
concubines.
There is no criminal law on our statutes that ban acquisition
of jets by
black people. It’s commonly known that any failure to remit a
statutory
payment to the Zimbabwe Revenue Authority or Treasury attracts a
fine.
Why has Biti not garnished the bank accounts of these mines or
still not
fined them?
The truth of the matter is that the arrangement
to remit monthly payments is
not legally binding and therefore carries no
criminal sanction.
The arrangement was and is a mere gentlemen’s
agreement reached to address a
revenue deficit crisis that prevailed at that
particular time and still
continue to be with us. As a leading and prominent
lawyer, Biti should have
sanitised the arrangement and made it legally
binding for both parties.
Section 33 of the Zimbabwe Mining Development
Act states that, “Where in a
financial year the revenues of the Corporation
are more than sufficient….
The corporation shall pay out of the surplus such
dividends to its
shareholders (Government of Zimbabwe, in this case) as the
board may
determine in relation to that year.”
So the current and
valid legal position is that ZMDC pay dividends once a
year to treasury. Any
other arrangement outside this provision is simply
benevolent but not
binding.
It is, therefore, an abuse of this gentleman agreement to demand
these other
diamond mines to perform when number of variables has changed
from date of
initial “commitment” to date.
For instance, diamond
prices were approximately $70 per carat and have now
plummeted to $15 per
carat.
The United States has intensified its attack on Marange by now
forcing all
Indian cutters and polishers to declare that their diamonds used
are not of
Marange origin.
This has seriously affected the number of
bidders and as such when supply
exceeds demand, prices
drops.
Further, the Eurozone crisis has now affected demand prices for
many
commodities and diamond is not spared.
It’s also important to
mention that, according to Reserve Bank of Zimbabwe,
platinum still accounts
for more than 45 percent of the mining receipts and
by far the biggest
earning commodity.
There is no mention of the portion of the platinum
receipts paid monthly,
let alone annually to treasury.
Why has
Treasury not made initiatives to ensure that platinum mining mines
also
contribute to civil service wage bill?
Upon taking over the ministry of
Finance in 2009, Biti declared that the
budget was going to operate on “eat
what you kill basis”.
The inclusion of the diamond receipts in his 2012
forecast simply promised
people food that was yet to be “killed.”
It
will be in deed in the national interest if Biti drops an activist
approach
on the diamond receipts matter and tell the truth. — With Resource
Exploitation Watch
http://www.dailynews.co.zw
Written by Kaleen Gombera, Staff
Writer
Monday, 06 August 2012 13:36
HARARE - Suspended Anjin
Investments workers have alleged the army, which
has a controlling stake in
the diamond mining company, is victimising them.
Anjin employees engaged
in an industrial action which resulted in the
company suspending 1 000
workers this week.
In an interview with the Daily News last week,
Tavengwa Sitima, vice
president of the workers committee said army personnel
were frustrating them
and stifling discussions on their plight.
“It
is better if the army leaves the company; the army generals are only
interested in our strikes because they get paid whenever they come to
resolve our issues,” said Stima.
He said the armyofficials were
getting as much as $ 1 000 as allowance to
come to Chiadzwa.
Sitima
claims he was dismissed at gun point after some army personnel
accused him
of leading and inciting strikes at Anjin Mine.
“I was ordered out of the
mine at gunpoint and they threatened to shoot me
if I made any move. They
accused me of mobilising the workers for the
strike,” he
said.
Personnel at Anjin Investments management who are from the army
include
Colonel Lindiwe Ngwenya (Human resources management), Colonel Simeon
Sambadzai (Power and Equipment), Brigadier general Charles Tarumbwa (Company
Secretary and lawyer) and war veteran Munyaradzi Machacha (Board
member).
The workers went on strike saying they would not resume
operations until
their salaries are realigned with local diamond industry
standards, which
they say average $650 for the least paid
employee.
The lowest paid worker is getting $235 — less than half of the
country’s
poverty datum line which currently stands at around $510— while
the highest
paid non-managerial staff gets $700.
In the two years,
workers have gone on industrial action eight times.
Sitima said while
workers and the Chinese had agreed that salaries would be
reviewed after
every diamond sale, the army changed the agreement and
proposed that they
were to get 15 percent increment effective until June
2013.
“We were
supposed to have salary increments after every sale but the army
forced us
to accept 15 percent, the HR manager colonel Ngwenya said whether
we like it
or not, we are going to have 15 percent until 2013,” said Sitima.
The
workers claimed Anjin already had plans to retrench 500 workers and the
strike gave them the chance to lay-off workers without giving them their
retrenchment packages.
Anjin, a joint company formed by a Chinese
government firm and a Zimbabwe
military-linked company has been embroiled in
labour disputes with its
workers over poor labour practices and low
remuneration since it started
operations in 2010.
Anjin, which
operates in the diamond-rich fields of Marange in Manicaland
Province is the
only foreign-owned company granted an operating licence by
the government.
http://www.swradioafrica.com/
By Lance Guma
06
August 2012
Controversial diamond mining firm Anjin Investments has fired
1,500 workers,
who went on strike last month demanding better pay and
working conditions.
The company, a joint venture between senior army
figures and the Chinese,
has now told the workers to re-apply if they are
interested in their jobs.
The workers are demanding at least $650 for the
lowest paid worker, instead
of $235 a month.
Management had initially
suspended the 1,500 workers for 4 days and the head
of the workers
committee, Tavengwa Chitima, was fired last month. But a
recent High Court
ruling that the strike was illegal has given the
management more leverage to
harass and intimidate the workers.
Last week one worker, who refused to
be named for fear of victimisation,
told SW Radio Africa that Chinese
managers at the firm were allegedly
sodomising workers. Despite promises by
management that the culprits would
be deported back to China, no action has
been taken.
Chinese managers at the firm are also being accused of
throwing aside the
bones of people buried in the area now currently being
mined and refusing
them a decent reburial. In addition to physical assaults
the workers also
claim they are not even allowed to recognise any of the
Zimbabwean holidays,
except the Chinese Lunar New Year on 22nd
January.
Meanwhile the Center for Research and Development (CRD) which is
devoted to
monitoring human rights violations in the diamond mining area has
said it is
‘deeply troubled’ by the dismissal of 1,500 workers by
Anjin.
“The decision to fire the workers was arbitrary and totally
uncalled for. It
is also a gross violation of the right of workers to engage
in industrial
action if their working conditions are appalling. The
intolerance shown by
the Anjin management in handling the workers genuine
grievances is
unacceptable in modern society.”
“There are credible
indications of gross human rights abuses against workers
by Anjin
management. Workers have been beaten with clenched fists, kicked
around and
called racist names by their Chinese employers. CRD has also
received
unconfirmed reports of sodomy against the locals by the Chinese.
These ought
to be investigated and if found to be true, perpetrators must be
brought to
book.
The harassment of the Zimbabwean employees by the Chinese in a day
and age
where government is singing the black empowerment tune is totally
surprising. The deafening silence of government in the face of the heavy
handedness and vindictiveness of the Chinese against black Zimbabweans is
equally deplorable,” the group said.
In June this year Global
Witness, a human rights group focused on the
exploitation of natural
resources, recommended an investigation into the
activities of mysterious
Chinese business tycoon Sam Pa, diamond firm Anjin
and Sino Zimbabwe to see
if they “risk funding future human rights abuses.”
The report titled,
“Financing a Parallel government”, exposed how the
Central Intelligence
Organisation , army and police chiefs were involved in
the diamond, cotton
and property sectors. The ownership structures of
companies like Anjin were
exposed as being dominated by senior members of
the state
security.
Meanwhile Zambian miners have killed a Chinese manager by
pushing a mine
trolley at him during a riot over pay at a coal mine. A
second Chinese was
injured, as were several Zambians, during the riot on
Saturday. The workers
are furious that their wages are lower than a new
minimum of $220 a month
paid to shop workers.
http://www.timeslive.co.za
Vladimir Mzaca | 06 August, 2012
00:40
Completion of Zimbabwe's draft constitution and other key
developments in
preparing for elections will come under scrutiny this week
when the Southern
African Development Community's executive secretary and
his team visit
Harare.
SouthAfrica's ambassador to Zimbabwe, Vusi
Mavimbela, told state television
there this week that Pretoria was impressed
with the progress made in talks
between the rival parties in the
often-fractious power-sharing government.
The two factions of the
Movement for Democratic Change have endorsed the
draft constitution and
President Robert Mugabe's Zanu-PF is expected to make
public its stance this
week.
SADC executive secretary Tomaz Salomao will assess the situation
tomorrow
before briefing President Jacob Zuma's mediators.
His team
is expected to visit Harare in the next two weeks, before Zuma
presents his
report to the SADC politics and defence meeting in Maputo on
August
17.
"We have been holding meetings on Zimbabwe. We will be going there
before
the Maputo meeting," said Lindiwe Zulu, Zuma's special adviser.
http://www.news24.com
2012-08-06 12:01
Cape Town -
Economic and political tension in the last decade could have led
to a coup
d'état in Zimbabwe, but the country’s armed forces remained
professional and
loyal, a top army official has told the media.
According to the Herald
online, Air Force of Zimbabwe Commander Air Marshal
Perrence Shiri said the
role played by the armed forces during the last "few
years" made a
difference between peace and conflict.
"We have all seen how in other
countries' military forces have caused
destabilisation by either taking
sides to a political conflict or taking
power through military
coups.
"To this end, I would like to commend the Air Force of Zimbabwe
officers for
their discipline and loyalty, which saw to it that economic
challenges did
not degenerate into a conflict."
Shiri praised the
defence forces for being exemplary.
"I thank the officers for their
resilience during these trying times that we
have gone through. We have been
exemplary," he said.
He said the operating environment for the air force
had been quite
challenging because the country was under
sanctions.
Sanctions, he said, were meant to make the citizens suffer so
that they
revolt against the government.
"The illegal economic
sanctions imposed on Zimbabwe by the United States of
America, Britain and
allies were obviously aimed at hurting the ordinary
citizens, reducing our
capabilities and ultimately destabilising Zimbabwe.
"The economic
hardships were aimed at reducing the quality of life of all
citizens so that
they can turn against the government."
- News24
http://www.news24.com/
2012-08-06 14:02
Cape Town
- Friends and colleagues of Zimbabwean human rights campaigner
Paul Chizuze,
who has been missing for six months, are losing hope of
finding him and are
desperately hoping he has fled to South Africa,
according to
reports.
Four months after his disappearance, a relative saw his dusty
vehicle parked
in a prominent position outside the government tax offices
while passing
through the border town of Beitbridge en route to
SA.
According to the Cape Times, colleagues say they were told by a
security
guard working nearby that the car had been there for several weeks.
But
Zimbabwean police did not do any forensic tests on the vehicle. One
source
described the issue as "too sensitive" for the police to
handle.
Chizuze had a modest SA bank account opened about seven years
ago. But his
colleagues say they have established that no withdrawals have
been made
since his disappearance.
Chizuze left his home in Bulawayo
just after 20:00 on 8 February 2012. The
58 year old was seen driving his
Nissan Hardbody with registration number
ACJ 3446.
Information on
massacres
Some family members say they fear Chizuze may have been
abducted, hijacked
or murdered on the night he disappeared. A relative who
declined to be named
said the family was despairing.
"I now suspect
he was murdered and we should all accept that we will never
find him
alive."
Chizuze was a prominent activist and investigator during and
after the
massacres (Gukurahundi) in Zimbabwe’s Matabeleland region in the
1980s, when
then prime minister Robert Mugabe ordered a North Korean-trained
brigade of
the Zimbabwean army to kill thousands of opposition supporters
loyal to
Joshua Nkomo, leader of Zapu, then a rival to Mugabe’s ruling
Zanu-PF party.
Zimbabwe education and culture minister David Coltart, a
close friend and
former colleague of the disappeared activist, said Chizuze
had too much
information on Gukurahundi.
The minister said Chizuze
had been working on issues that could have
embarrassed authorities in the
government, especially hardliners.
- News24
http://www.swradioafrica.com/
By Tichaona
Sibanda
06 August 2012
The Zimbabwe Olympic team is likely to go home
empty handed after another
medal hopeful, Sharon Tavengwa, pulled out of her
42km marathon, midway
through the race.
Tavengwa was struggling with
an injury and was forced to pull out of the
race at the 27km mark, leaving
the country’s quest for a medal in the hands
of triathlete Chris Felgate and
marathon runners Wirimai Juwawo and Cuthbert
Nyasango.
Felgate begins
his campaign for a medal in London on Tuesday, while Juwawo
and Nyasango
will run in the marathon on Sunday.
The Olympic team is yet to pick up a
medal since the opening of the games.
There was hope that swimming ace and
seven-time Olympic medallist, Kirsty
Coventry, would defend her titles, but
with younger swimmers coming into the
fray it proved too much for
Coventry.
The failure by Coventry to win any medals this year ended an
8-year medal
run swimming in the Olympics for Zimbabwe, started by the
Harare born
swimmer at the 2004 Athens Games.
http://www.newzimbabwe.com/
05/08/2012 00:00:00
by Staff
Reporter
VICE President John Nkomo has said Zimbabwe must produce
enough grain to
meet its needs within two years to bring an end to the
“perennial
embarrassment” of surviving on food imports .
Nkomo told a
field day in Murehwa that Zanu PF had established a production
and labour
department to lead efforts to boost agricultural production and
end costly
imports of grain from the region.
“We want to end the embarrassment of
perennially surviving on food imports
from such countries as Malawi and
Zambia that used to depend on us for their
food security,” Nkomo said in a
speech read by a senior Zanu PF official.
“They have even been learning
from us, so we cannot stand that reality of
importing food from them, yet we
have the human resources to turn around
everything and start producing
competitively.”
The United Nations World Food Programme recently said
about 1.6 million of
the country's estimated 12 million people would need
food aid this year due
to poor harvests.
The number is 60 percent
higher than the one million who needed food
assistance last year, with most
of them living in rural areas.
Once a regional breadbasket, Zimbabwe has
faced perennial food shortages in
recent years following a slump in food
production partly blamed on President
Robert Mugabe's controversial land
reforms.
The majority of the beneficiaries of the reforms lacked the
skills and means
for large-scale farming, and were given little support from
the government.
But Nkomo said the farmers must stop coming up with excuses
and start making
productive use of the land.
“The land was the major
reason we waged the liberation war, yet 32 years
after independence, people
have not yet started fully exploiting it,” he
said.
“Yes, for the
majority it is a matter of failing to access resources, but
there has to be
the individual effort and innovation to boost productivity
and justify the
implementation of the agrarian revolution.”
Dzikamai Mavhaire, Zanu PF
secretary for production added: “The time for
slogans and singing war songs
has since passed. What we are facing now is a
new but different war.
“It
is a war whose weapon is the hoe, so we must act like real business
people.
Zanu PF will not tolerate laziness.”
http://www.newzimbabwe.com
05/08/2012 00:00:00
by Staff
Reporter
THE elderly and child-headed families have started
receiving cash payments
of between US$10 and US$25 per month to help
mitigate the impact of current
economic difficulties, a senior government
official has said.
The programme has already covered 18,000 households in
ten of the country’s
districts. Officials said they hope to extend the
assistance to 250,000
households by 2015.
“The programme is in a
phased approach with the goal of reaching all 65
districts by 2015,” said
Lancaster Museka, Secretary for Labour and Social
Services.
“To date,
two cycles of cash disbursements have taken place. A delayed
payment cycle
for May and June is being prepared and will be paid within the
coming few
weeks.”
Zimbabwe is recovering from a decade-long recession characterised
by
hyper-inflation, shortages of most basic commodities and massive
unemployment as companies were forced to close due to inclement operating
conditions.
Although the economy has recorded consistent growth over
the last few years,
the most people are still struggling to survive with
unemployment remaining
high while the few lucky enough to have a job earn
well below the poverty
datum line of about US$560.
Museka said the
cash assistance programme, which will be extended to all the
country’s
provinces in phases, is funded by the government and international
development partners.
“The donors who have pooled their resources so
far are DFID, SIDA, the
Netherlands Government and European Commission,”
Museka told state media.
“Unicef provides additional financial and
technical support over and above
the donor funds it manages through the
Child Protection Fund.
“Government, through fiscal funding to the
ministry (Labour and Social
Services) matches the donor funds on a 50-50
basis and this year it
committed US$7 million which was revised downwards to
US$2 million during
the Mid-Term budget review by the Ministry of
Finance.
“The funding will increase annually both from donors through the CPF
and
Government.”
Districts covered to date include Mangwe
(Matabeleland South), Umguza
(Matabeleland North), Mzilikazi (Bulawayo
Urban), Epworth (Harare), Makoni
(Manicaland), Rushinga (Mashonaland
Central), Goromonzi (Mashonaland East),
Kariba (Mashonaland West), Chivi
(Masvingo) and Zvishavane (Midlands).
Museka said officials were already
working including more provinces in the
programme.
“The modalities
for payments remain the same when the next 10 districts are
brought on board
to make a total of 20 districts that will be receiving
payments in 2013,” he
said.
“The process will be repeated towards the end of next year and the
coming
years with an additional 10 districts added per year until full
national
coverage is reached.”
http://www.bdlive.co.za
by Franny
Rabkin, August 06 2012, 17:31
THE court battle between the
government and the Mail & Guardian newspaper
over the disclosure of a
report on Zimbabwe’s hotly disputed 2002 elections
continued in the North
Gauteng High Court on Monday, with the newspaper
saying the government had
no legal grounds to refuse to make the report
public.
The government
has fought against making the report available since the Mail
& Guardian
first sought access to it in 2008 in the North Gauteng High
Court, the
Supreme Court of Appeal and the Constitutional Court.
The report, on
"legal and constitutional issues" in the run-up to an
election widely
believed to have been stolen by Zimbabwean President Robert
Mugabe, was
commissioned by former president Thabo Mbeki and written by
Deputy Chief
Justice Dikgang Moseneke and Constitutional Court Justice Sisi
Khampepe.
Now the case is back in the high court after the
Constitutional Court
ordered that this was the kind of case where the high
court judge should
have taken a "judicial peek" — to look at the report
without disclosing its
content — to see whether the government’s grounds for
refusing had any
validity.
Judge Joseph Raulinga has had his judicial
peek at the 22-page report, but
gave no clues in court on Monday as to what
the report contained.
Counsel for the Mail & Guardian, Frank Snyckers
SC, spent the morning
arguing that the government’s "belated attempt" to
introduce new evidence —
affidavits by Mr Mbeki and President Jacob Zuma —
should be refused.
The lack of evidence on the government’s part to
justify why the report
should not be disclosed was the main reason the
Supreme Court of Appeal and
the Constitutional Court found the government
had failed to make out its
case for refusal.
Until recently, there
were no affidavits before the court by Mr Mbeki or
either of two
judges.
However, the Constitutional Court held that the government may
have been
"hamstrung" by the fact that it could not refer to the report
itself in its
evidence; that was why a judicial peek was the way
forward.
Mr Snyckers said the new affidavits were not the "ex parte
representations"
envisaged by the Promotion of Access to Information Act
that can be made
when a judge takes a judicial peek, because they did not
address the content
of the report at all.
"They do not refer to the
contents of the report. Instead (the government)
tried to cure evidentiary
flaws by sticking them in as part of ex parte
representations," he
said.
The affidavit by Mr Mbeki said his reason for commissioning the
report was
to "assist me and the national executive (to) take policy
decisions on how
best to support and strengthen the quest for political and
economic
stability in Zimbabwe".
In terms of the act, the government
may refuse to make the report public on
the ground that it was "prepared …
for the purpose of assisting to formulate
a policy".
But Mr Snyckers,
referring to past judgments, said even if Mr Mbeki’s own
"private" reason
was policy development, this had to be the purpose from the
start and had to
be part of the judges’ mandate or terms of reference. The
government’s
initial affidavits in the case had said the idea of using the
report for
policy development had come about only after the report had been
received,
he said.
The case continues on Monday and Tuesday.
rabkinj@bdfm.co.za
http://www.theindependent.co.zw/
August 6, 2012 in News
Staff
Writer
FORMER Zimbabwe Independent deputy editor and veteran journalist
Barnabas
Thondhlana has been granted a licence to publish a daily newspaper,
The
Observer, by the Zimbabwe Media Commission. A weekly, The Zimbabwean,
was
also granted a licence.
Thondhlana, who also worked at
Financial Gazette, Daily News, The Mail and
other local and international
newspapers, said he was ecstatic promising
that The Observer would be a
worthwhile read for the discerning reader.
“Our payline is bold,
independent and fresh”, he said.
“We are sourcing the necessary
funding to get the project off the ground and
we expect to be on the streets
in early September. We will, however, start
off as a weekly before
graduating to a daily in about six to eight months,
funds permitting,”
http://www.thezimbabwean.co.uk
MDC 99 led Job Sikhala has
rubbished the draft constitution as a negotiated
settlement of three
political parties saying it fails to capture the
collective aspirations of
Zimbabwe and called for the convening of a
Zimbabwe Conflict Resolution
Conference (ZICORECO) by SADC at the earliest
possible time to come with a
transitional constitution to take the country
to the next
elections.
06.08.1203:04pm
by MDC99 Information
Department
Briefing journalists on the position of his party to
the draft constitution
which was recently completed by COPAC, MDC 99 leader
Job Sikhala said the
draft constitution should not be taken seriously as it
sought “take Zimbabwe
back to the stone Age” in some of its
clauses.
He said his party is calling on SADC to immediately call for the
Zimbabwe
Conflict Resolution Conference, where a new transitional document
will be
agreed upon before the country holds elections. Sikhala said failure
to hold
such a conference will result in his party joining campaigning for a
“NO”
vote in the referendum.
“There must be a transitional democratic
constitutional order, make a
transitional constitution which will
specifically deal with the democratic
electoral framework and elections
roadmap. This is the only route available
to Zimbabweans”, said
Sikhala.
He said his political party was unhappy with a number of
provisions in the
draft which include the bloated parliament, the exclusion
of other public
officials from adhering to term limits.
He said by
agitating for a “No” vote, his party was not playing into ZANU-PF
hands
which is dithering on its position on the new constitution, saying his
party
maintains that Zimbabweans can only hold the next elections with a new
constitution a position different from ZANU-PF which wants to push for an
election using the old constitution.
ZANU-PF has been dithering on
whether to endorse the draft constitution or
nor despite having earlier
announced through its leader in the negotiation
process Patrick Chinamasa
revealing that 97 percent had endorsed the new
document. However hi
assertions were trashed when ZANU-PF held a 16 hour
long politburo meeting
on Wednesday which failed to come up with a position.
The mainstream
MDC-T party has since endorsed the new draft constitution
together with
MDC-N and is pushing for a “YES” vote in the coming
referendum. The civic
society has remained tightlipped with only the
National Constitutional
Assembly rejecting for document.
An all stakeholders conference shall be
held after which it would have to
gunner no less than a two-third majority
in parliament before a referendum
could be held and then presented to the
president for ascent.
http://www.swradioafrica.com/
By Alex Bell
06
August 2012
The Harare City Council has renamed Enterprise Road after the
late General
Solomon Mujuru.
A full Council meeting last week
reportedly approved the change, which now
waits for the approval of Mujuru’s
widow, Joice.
“Council approves the naming of Enterprise Road after the
late retired army
General Solomon Tapfumaneyi Mujuru after consulting the
surviving spouse and
his family,” read the council minutes.
According
to the Council, Enterprise Road was picked to be renamed after
General
Mujuru, because it is near the KG VI army barracks.
The Council has also
renamed Rotten Row after the late Chief Justice Enoch
Dumbutshena and
Churchill Road after the late Professor Walter Kamba.
Dumbutshena and
Kamba’s families have agreed to the changes.
Council said it was renaming
Rotten Row after Dumbutshena because the Harare
Magistrates’ Courts are
located along the road. It also said Churchill Road
would become Professor
Walter Kamba Road, because the University of
Zimbabwe, where he was the
first black Vice-Chancellor after independence,
is in that road.
http://www.theindependent.co.zw/
August 6, 2012 in News
Tendai
Marima
FRESH clashes have erupted over banks after Reserve Bank governor
Gideon
Gono this week raised the minimum capital requirements for commercial
and
merchant banks by a massive 700% to US$100 million from US$12,5 million,
in
a bid to force mergers and recapitalisation to consolidate the fragile
sector.
This triggered a reaction from cabinet ministers who on Tuesday
resolved to
block the new demands.
Sources said while the
governor was on Tuesday making the announcement from
his offices at 88
Samora Machel Avenue in Harare, a high-level government
meeting along the
same street was taking place at the Office of the
President and Cabinet
where ministers blocked his proposals.
Some ministers at the meeting
argued from an indigenisation point of view,
while others pushed economic
angles. Gono’s rivals, driving the
controversial indigenisation policy to
take over foreign-owned banks,
claimed his move was designed to protect
foreign financial institutions and
collapse locally-owned ones. Others said
the current thresholds were
relatively sound given Zimbabwe’s small
US$10-billion economy.
“In the Ministry of Finance’s original
proposal, minimum capital
requirements for commercial banks were set at
US$30 million,” one minister
said, indicating a statement would soon be
released to veto Gono’s
proposals.
In his mid-term monetary
policy statement on Tuesday, Gono not only hiked
the minimum requirements
for commercial and merchant banks, but also for
building societies by 700%
to US$80 million from US$10 million and for
microfinance institutions by
400% from US$1 million to US$5 million.
This comes against a
background of a series of bank collapses in 2004 and
the recent closure of
Genesis Investment Bank, Interfin Banking Corporation
and Royal Bank last
week. Last year, ReNaissance Merchant Bank was also
closed. Most of the
remaining 23 banks are weak and unsound.
Given problems affecting
the banking sector, Gono has been criticising
malpractices such as insider
loans, concentrated shareholding and neglect of
fiduciary duties to lenders
and depositors. On Tuesday he lamented what he
described as “a fragmented
banking system characterised by numerous weak and
under-capitalised banks”
before proposing mergers, acquisitions and
recapitalisation to consolidate
the sector.
Asked about the situation, Gono yesterday said he was not
aware of any
resistance to the new requirements. “I’m not aware of what you
are referring
to as intentions to reverse my monetary policy measures by
anyone or any
quarter,” Gono said. “Until such a time that I’m in the
picture of that
development, I cannot comment.”
http://www.thezimbabwean.co.uk
This weekend BPRA took part in
celebrations to launch the anti corruption
campaign by Transparency
International Zimbabwe (TIZ) in Bulawayo held under
the Theme “Tshiya
ubugwelegwele, thuthukisa uBulawayo” (Stop corruption,
develop Bulawayo).
The event was attended by more than 200 residents from
Bulawayo’s 29 wards
and included a road show and a march against corruption
around the city
center.
06.08.1204:51pm
by Bulawayo Progressive Residents
Association
Bulawayo residents were encouraged to work closely
with TIZ and other
organisations to fight corruption. Residents highlighted
that there is a lot
of abuse of state resources which resulted in poor
services being rendered
to residents as their taxes were being misdirected
by corrupt officials.
They also raised concerns about the inconvenience of
water and power cuts
and the general deteriorating service delivery in the
city pointing to the
fact that if corruption was curbed a lot of problems in
these areas would be
solved.
Reverend Ray Motsi of Churches in
Bulawayo and Grace to Heal bemoaned the
fact that corruption was now even
affecting the national economy. He said it
is time that people started to
play an active role in trying to stop
corruption in the country. Residents
lamented the fact that the custodians
of peace and security, the police, had
become so involved in corruption that
they felt there were now lesser
channels to use to fight this cancer if the
police were also
involved.
Mzilikazi residents have joined the wider calls for a more
transparent
system of administration for the Harmonised Social Cash Transfer
(HSCT)
programme arguing that the poor information dissemination on the
programme
was now causing many of them to lose out on its benefits. The
sentiments
were expressed at a consultative meeting held at Macdonald hall
in Mzilikazi
ward 8 were BPRA gathered residents to talk about the benefits
and
challenges of the project so far in the pilot areas.
http://www.swradioafrica.com
By Tichaona
Sibanda
06 August 2012
Thousands of people thronged the late Reverend
Ndabaningi Sithole’s farm in
Mount Selinda, Chipinge for a public memorial
service to remember the
founding president of ZANU PF who died in
2000.
Many people view Rev Sithole as an icon of the liberation struggle
for a
free Zimbabwe. He founded and was chief architect of ZANU PF in August
1963
with the likes of the late Edgar Tekere at the house of Enos Nkala in
Highfields, Harare.
Speaking at the ceremony on Saturday Prime
Minister Morgan Tsvangirai said
the country has suffered in the last 30
years because of a lack of vision by
Robert Mugabe and his ZANU PF
party.
Tsvangirai told the gathering, that included ZANU Ndonga and MDC-T
supporters, that many nationalists in Africa who do not have vision must be
replaced. Quoted by NewsDay the Prime Minister explained that the country
was suffering from a failure by the leadership to bring freedom, food and
jobs.
‘Are people happy, are we free? Are we independent? It’s zero.
A second,
third and fourth revolution has to come and even if people like
Tsvangirai
come as democrats, remove them if they fail. We should have a
vision for
this country so that Sithole is happy where he is,’ Tsvangirai
said.
The MDC-T MP for the area, Mathias Mlambo, told SW Radio Africa the
Chipinge
district was solidly behind their party and that they’re going to
fare well
in the next election. The district has five parliamentary seats,
one of
which was won by ZANU PF.
‘We are working on winning that
constituency in this district. We work very
well with ZANU Ndonga members
and they’ve promised us their support again,
like they’ve done since 2000,’
Mlambo said.
http://www.thezimbabwemail.com
WONAI MASVINGISE 13 hours 3 minutes
ago
President Robert Mugabe and Zanu PF have no room to reject
the draft
constitution crafted by the Constitution Parliamentary Committee
(Copac),
MDC-T spokesperson and one of the Copac chairpersons, Douglas
Mwonzora, said
yesterday.
The Global Political Agreement, which gave
birth to the formation of the
inclusive government between Zanu PF and the
two MDC formations, mandated
Copac to draft the constitution after
consulting the electorate.
Addressing journalists in Harare, Mwonzora,
who was speaking in the company
of party secretary-general Tendai Biti, said
if Mugabe and Zanu PF were to
reject the proposed governance charter, they
would have turned against
Zimbabweans and should be prepared to face the
consequences.
“If the people of Zimbabwe vote ‘yes’, which I know they
will if it is not
changed, and Mugabe decides not to sign the draft
constitution after the
people of Zimbabwe have voted ‘yes’, then that’s his
own problem. We are
actually waiting to see that kind of scenario,” said
Mwonzora.
Zanu PF is currently deadlocked as the party’s politburo has
held three
successive meetings in which they have failed to come up with a
position on
the draft constitution as some hardliners in the party
reportedly want to
have the process abandoned.
Speaking to
journalists, Biti accused Zanu PF of trying to negotiate the
draft
constitution to suit Mugabe at the expense of the people of
Zimbabwe.
“You don’t negotiate a constitution for an individual, the
problem with Zanu
PF is they were negotiating for President Mugabe, they
negotiate with the
mentality that Mugabe will be there forever,” Biti
said.
“A constitution is a contract among citizens on how they want to be
governed
or misgoverned. It’s a reflection of the political balance sheet of
the
country.”
The MDC-T secretary-general also said Mugabe had
imposed a “Zezuru hegemony”
on Zimbabwe which was oppressing people of other
ethnic groups.
“At the moment Zimbabwe is among the last countries on the
Happiness Index,
we are oppressed by Zanu PF,” he said.
Citing the
Kenya, Ivory Coast and Egypt experiences, Biti said African
leaders had an
appetite for power which made it difficult in some
circumstances to smoothly
transfer power after elections are held.
He, however, added that the
draft constitution would ensure that democracy
prevailed and power was
transferred to the winning candidate following an
electoral
victory.
“The (draft) constitution is making it very clear that the
authority to rule
is coming from the people. Our government is very
indifferent, there is a
culture of impunity, if you go to the rural areas
the roads are the same as
they were in 1842 when Mzilikazi crossed the
Limpopo River.”
At a Press conference held later in the day at the
party’s Harvest House
headquarters, the MDC-T’s highest decision-making
body, the National
Council, said it had resolved to urge Zimbabweans to vote
‘yes’ to the draft
constitution in the coming referendum.
The party
said it had made the decision to accept the draft constitution
after a
seven-hour meeting.
Biti said the draft represented a milestone achievement
for the MDC-T.
“This constitution represented years and years of work by
the MDC in
advocating for a new people-driven constitution,” said
Biti.
A statement released by the party yesterday said: “After extensive
deliberation, the National Council resolved to accept the constitutional
draft. This is despite the fact that some aspects which the MDC would have
wanted included in the draft could not be incorporated.
“The MDC
urges Zimbabweans to ignore prophets of doom who have dismissed the
constitution as they want to reverse the gains made by the people.” -
NewsDay
http://www.dailynews.co.zw
Written by Thomas Madhuku, Own
Correspondent
Monday, 06 August 2012 14:48
HARARE - On that
dreadful Monday afternoon I walked into the evil forest
where no man has
ever returned unharmed.
I sought to find out what exactly was wrong with
my country’s voters’ roll.
I must admit, I was brave to choose to work on
the voters’ roll story
considering how it has been topical and a source of
power for President
Robert Mugabe’s decades - old regime even after the
formation of the MDC in
1999.
Many reports about it suggested
countless discrepancies in the form of ghost
voters, the underage among many
other stories that I had heard even before I
became even a
journalist.
My task was to actually investigate and confirm such
anomalies and I must
admit that I got the shock of my life when I discovered
that in Chipinge
South Constituency only, there were more than 1 441
anomalies.
Don’t mind the roll I studied because the copy I saw at the
Registrar
General (RG) Tobaiwa Mudede’s office pointed to a different story
altogether.
I set my sight on Mudede’s office because I respected the
principle of fair
comment.
This is why I patiently waited for more
than a week to finally get his
audience.
When I arrived at his
office, I was shaking because since I started this
business of journalism I
had never interviewed a top government official of
Mudede’s calibre, so I
was really nervous but had to soldier on.
I was ushered into a room with
three people already waiting for me and in no
time, Mudede joined us and we
all stood up to show our respect.
He took me down memory lane explaining
his adventures in my home area
Chipinge, how he had victimised white people
at a certain club in Chipinge
after getting reports that the club accepted
people who at that time owned
horses.
The pre-interview discussion
between me and Mudede resulted in him calling
me Musharukwa, a trademark
name in Chipinge usually given to respectable
people.
In no time we
started the process of comparing my own copy of the voters’
roll and the one
from his office.
I followed through, as Mudede’s assistants proved to me
that Zimbabwe’s
voters’ roll was indeed perfect.
“So Musharukwa
mazvionaka kuti the two documents are different,” he said.
After proving
me wrong, his next mission was to know where I got my copy of
the voters’
roll.
I sensed danger and immediately sent a text to my friends and
relatives that
I had landed myself into serious trouble at Mudede’s
office.
Immediately I felt like I needed food to eat because I was
hungry, I needed
to visit the toilet and I was thirsty. I ended up failing
to understand what
exactly I wanted at that time.
Mudede had
instructed his subordinates whom I understand are from the
dreaded Central
Intelligence Office (CIO), to guard me while he called
vakomana.
I
had arrived at his office at 1200 hours and by about 1500 hours, I began
losing hope of leaving the place. I waited and in the meantime friends and
relatives were calling to check on me.
Although I had feelings of
trepidation I pulled the little strength left in
me at that moment to assure
them that I was fine.
At around 5 pm, my lawyer arrived and immediately
requested to see me, from
the room I was detained, I could overhear my
lawyer arguing harshly with
Mudede who kept on telling him to get
away.
I believe that led to the quick appearance of more CIO officers and
the
police officer who later took me to the Law and Order section at Harare
Central Police Station.
Upon arrival at the police station, I was
ushered into a room with countless
police officers.
I was questioned
by the officers who wanted to know my intentions in
tempering with the
voters’ roll.
“You want to write falsehoods so that Britain and America
can maintain
sanctions against the country,” one police officer yelled at
me. These
officers really appeared to be men on a mission.
“If you
don’t want to tell us where you got the document, we will extract
the
information from you,” another officer said.
They threatened me with all
sorts of words and actions but I kept on
insisting that I did not remember
the place.
After they demanded to see my press card, I swiftly pulled it
from my pocket
and handed it over to them not knowing that I was adding more
trouble to my
misery.
After a moment of scrutinising it, he said,
“you are not registered.”
“So what were you doing at the RG’s office, you
are not a journalist,” he
said.
I was later taken to the cells where
I met more than 100 people picked from
the streets for various crimes
ranging from touting, armed robbery and most
commonly
“obstruction.”
I did not feel like eating, the drama that had started at
1200 hours had
frozen my appetite. I wanted time to rest after some good six
hours of hell.
That cell which was to become my home for the next three
days measured
around three by four metres and there we were 30 of
us.
Bugs, urine stinking blankets and cold floors were my friends for all
the
time I shared with suspects.
Mount Carmel Farm,
Zimbabwe
“OUR RUIN”
by Ben
Freeth
Out there, under the sky, time stood
still.
The ruin cut its form against the
blue –
Jagged and broken – gaping rooms
empty and open
To the cavernous depths of the
universe staring in.
Here and there scattered like bones
from the lion’s kill
Lie bits of our home, mangled by
fire,
Tarnished by rain, baked by the
Zimbabwe sun,
Splattered by the occasional
tear.
The piano frame lies broken and
un-scavenged
Upon the drawing room floor where
once it rang.
It was silenced forever by the
blaze,
Muted by the fist in the place where
we sang.
The happy sounds are long ago
gone
Flown like birds to far away
lands.
Quiet remains, brooding in time’s
hands.
I feel the ruin ache for sounds of
love to reappear.
“When I see a ruin now
Daddy
I will think of the happy times that
once were,”
Joshua said. I sit and stare and
wonder –
One day, could those broken walls
echo those sounds again?
By Clifford Chitupa
Mashiri, 6th August 2012.
Rather than waste valuable time and stationery
preparing guides to a flawed
constitution and engaging in spin, the MDC
formations should admit failure
in their negotiations for a new constitution
and go back to the drawing
boards.
In view of the fact that Zanu-pf
would like to renegotiate extensively and
if possible introduce new issues,
the MDC formations should stop wasting
time engaging in the blame game and
seize the opportunity to amend their own
mistakes which caused an
outrage.
Procedures were never followed in the first, therefore, there is
no point in
the MDCs saying the draft cannot be renegotiated. Procedures
which were
breached include the sidelining of the outreach submissions and
the
inclusion of a principal (Welshman Ncube) as a negotiator, something
that is
very concerning.
COPAC should be held to account after
gobbling US$45 million in three years
of squabbling. The coalition
government has nothing to show of that money
and time. Attempts to suggest
that Zimbabwe’s economy was back on track
because of the increased number of
cars on the road did not work after the
Reserve Bank cautioned last week
that the economy was in bad shape. It is
arguable that the cars on the roads
could be the left overs from COPAC’s
US$45 million.
The MDC
formations know very well that people are unhappy and don’t like the
draft
constitution in its present form, based on reactions by civil society
bodies, but the two parties are now embarrassed to eat the humble pie and
return to the negotiating table after adopting the charter in record time
while Zanu-pf has made a U-turn on its approval of 97% citing what amounts
to more than 3% as unsatisfactory.
If only there were opinion polls
in Zimbabwe, the public would say what they
prefer ahead of the 2nd
stakeholders conference and before the revised copy
is debated in
Parliament, then it would be easier to tell if the leaders are
still
resonating with the public or not.
Behind closed doors, their members and
civil society activists are angry at
what they see as betrayal on
devolution, Gukurahundi, 2008 violence, land
seizures without compensation,
disenfranchisement of exiles, a vague
reference to dual citizenship and many
others.
Before asking people to vote Yes, it makes a lot of sense to for
the
coalition parties to get certain things out of the way before parliament
is
dissolved. First, they should address the issue of security sector
reforms.
That could be done by at least retiring some of the
controversial
securocrats like the Police Commissioner Augustine Chihuri;
Brigadier
General Nyikayaramba and the CIO Director General Happyton
Bonyongwe to
ensure a free and fair referendum and elections; (for people to
be convinced
that there are security sector reforms, they would like to see
the immediate
criminal prosecution of beneficiaries of the culture of
impunity).
Second, they should open up the air waves through the
transparent licensing
of non-partisan independent radio and television
broadcasting houses (this
is crucial prior to the referendum and elections -
for informing and
educating the people about the diverse views on the draft
constitution and
the competing manifestos or programmes of the respective
parties, political
leaders and activists).
Third, the coalition
parties should adopt an up-to-date biometric voters
roll (this is vital for
eliminating multiple voting by capturing voters data
including fingerprints
and a digital photograph. Countries that have adopted
biometric voters rolls
include Nigeria, Ghana, Guinea, Cameroon, Tanzania,
Zambia, Mozambique,
Namibia, South Africa, among others.
Fourth, they should restore the
Diaspora or Expatriate or Absentee Vote; (
According to a paper prepared by
Andy Sundberg, based on information from
“Voting from Abroad”: The
Intermediate IDEA Handbook, 2007, a total of 115
countries (including in
Africa) allow external voting for various
combinations of elections from
presidential and referendums to legislative
elections (see ‘The History and
Politics of Diaspora Voting in Home Country
Elections’, http://www.overseasvotefoundation.org).
Fifth,
the provision of Dual Citizenship (helps to promote development and
employment creation via investment in financial, commercial, manufacturing,
transport, properties and financial remittances – helped by tax/duty
holidays because ‘charity begins at home’, rather than wait for Foreign
Direct Investment, though vital, it usually comes with strings
attached).
Reports that Zanu-pf wants the proposed National Peace and
Reconciliation
Commission abolished even before it has been set up exposes
the lies being
used to sanitise the Zimbabwe Human Rights Commission
Bill.
The parties would be deluding themselves to believe that credible
national
healing can take place by sweeping rights abuses committed before
February
2009 under the carpet and before the victims of political violence
and land
grab are compensated fairly and in full.
That is what
matters more to the ordinary people of Zimbabwe than the
selection of
presidential running mates. When opportunity stares MDC
formations in the
face..!
Clifford Chitupa Mashiri, Political Analyst, London,
zimanalysis2009@gmail.com
August 6th, 2012
The Research and Advocacy Unit (RAU) have released a new report on citizenship titled ‘Identity, Citizenship, and the Registrar General: The Politicking of Identity in Zimbabwe’. You can download a copy a this link.
Executive Summary This report addresses a fundamental issue that most people are aware of, but rarely give much attention to until they are personally affected; acquiring identity documents and citizenship. It is common knowledge that there are many challenges that Zimbabwean citizens face in accessing identity documents. It is also widely known that the prominence of the ‘alien’ status in 2002 through the amendment of the Citizenship of Zimbabwe Act (Chapter 4.1) has seen some people losing their Zimbabwean citizenship; forced to identify themselves as other nationalities to which their descendants belonged such as Malawian or Mozambican.
This report is based on the views and experiences of a total of 160 Zimbabwean women from 9 different provinces of the country. It details women’s perceptions of identity, the challenges they face in accessing identity documents and citizenship status as well as the consequences that losing or failing to access such documents and status has on the quality of their lives as well as the lives of their children. It also analyses the role that the Registrar General’s (RG) office plays in making identity documents and citizenship inaccessible entitlements to the general public.
The paper makes recommendations based on these women’s views and supporting evidence from previous analyses and press reportage; these recommendations would improve services that the RG’s office gives to the public if implemented.
August 6th, 2012
Press Release: Women of Zimbabwe Arise (WOZA) have completed a member’s consultation regarding political developments in Zimbabwe. The activity was conducted to keep members briefed on the situation that prevails but also to consult members on what position the organisation should adopt around the constitutional and political scenarios that could play out.
The workshop consultation was conducted in Bulawayo and Harare and of 27 areas of Matabeleland North and South drawing 14 457 participants with 447 being men. This figure 14457 members is 17% of our membership of 85 000 countrywide.
Members expressed concern over the continued political squabbling affecting progress. They expressed concern that the constitutional reform process is far too dependent on political negotiation and not enough of the politicians listening to the views of their political party members and ordinary citizens.
Members are also unhappy with the manner in which the Zimbabwe Republic Police continue to disrupt peaceful protests thereby helping politicians to sideline citizen voices. Members called for intervention by SADC and the UN on police harassment of WOZA members and activities. During the WOZA ‘Occupy for Devolution’ series in Bulawayo members were beaten by plain clothed police officers with thorny twigs. The officer concerned is named Brain and is based at Pumula police station. Further to this on 27 June Wednesday 2012 and 101 members were arrested on orders of officer commanding Bulawayo. This officer act with impunity and is a ‘law unto himself’, it is on his orders that members were arrested 30 minutes before any protest began. The Zimbabwe Republic Police are operating on a political agenda and must be held accountable. Although WOZA have submitted many complaints to the Joint Operating and Monitoring Mechanism (Jomic) they have done nothing but use those complaints as scrap paper.
As there continues to be no meaningful economic reform economic instability is affecting the cost of basic commodities. Job losses continue to be the order of the day in Bulawayo and in other centres and no concern is paid to this problem. To make matters worse, Police continue to loot from members trying to survive by vending.
The culture of impunity and the using of the ‘peoples name’ to loot from activities that should be genuinely conducted in the nations interest continue unabated. COPAC has become a liability and waste of resources which will continue through the second all stakeholders’ conference process.
Members were gravely concerned about the continued deployment of militia and war veteran in the community.
These members were also asked if they are registered voters and results polled as follows:
The overall number of registered Bulawayo members was 60%. Male members registered was 51% and women 62% registered. Harare registered members was 72%. Male members registered was 73% and women 72% registered.
The overall number of registered Matabeleland rural members was 70%. The number of male members registered was 74% and women 69% registered. The high number of registered members here is due primarily to ease of access to voter registration centres due to Zanu PF attention on rural areas as a method of vote buying or rigging. Members in rural areas also do not have proof of residence challenges.
There were more significant numbers of members registered in Harare and in the rural areas. The main reasons explained is one of marginalisation which justifies the need for devolution. Bulawayo members have not been able to easily access documents for various reasons. Some members cannot afford to travel to the capital Harare to get their birth certificates and the local office is inefficient at providing these. Many people of this region were affected by the Gukurahundi massacre and lost parents for who they cannot obtain death certificates and therefore cannot have their births registered. Mobile registration centres do not function properly or only process a few people a day before closing.
Members gave the main reasons they have failed to register as voters as follows:
Members were united in their criticism of the political opposition for compromising far too much and accused them of looking more their self interest than the people will. Members said they only have a 45% trust of the opposition. Members also criticised them for not being realistic on the failing of the President Robert Mugabe. He has a record of back tracking and does not keep to agreements and on a whim will launch another violent campaign against Zimbabweans
As the campaign report was being finalised a draft was released and required study. WOZA note the following points of interest to members:
a) Free education and
adult basic education. There is also further education which the state should
make available.
b) Gender equality specified in many sections and the removal
of restrictions by traditional culture.
c) President, cabinet, ministry
permanent secretaries and all commissioners limited to two five year terms
limit.
d) A devolved system of government with some forms of elected
officials and specified resource control.
e) A more transparent sharing of
power with the presidential running mates system.
f) We have proportional
representation which does bring a more democratically implemented.
g) We got
more democratic electoral systems and a Zimbabwe Electoral Commission with
extended powers.
h) Total abolishment of the Death penalty for women.
i)
Most political leaders in legislature, civic servants, security sector must no
longer involve themselves in politics or be impartial.
j) A National Peace
Commission that will deal with transitional justice issues.
k) A National
Prosecuting Authority and reduced power for the Attorney General.
l) An
independent complaints commission so we can hold security sector
accountable.
m) An expanded bill of rights, including social, economic,
political and cultural rights.
n) The right to demonstrate and petition and
rights to liberty more clearly defined.
o) A non-discrimination clause and 16
official languages.
p) Domestication of international instruments to which
Zimbabwe is a signatory.
q) A Constitutional and Electoral Court.
WOZA members provided their leadership with a mandate to begin a vote YES campaign if their main requirements were included in the draft. We wish to place on public record the following outstanding issues from our member’s requirements:
a) We do not see
clearly spelt out and reduced executive presidency power, including the age
limit we wanted; removal of the president right to deploy troops and the right
to make appointments.
b) More reasonable land and agricultural reform
clauses
c) It is unfortunate that our view that Traditional leaders do not
belong in the legislature or Senate but in their home constituencies.
d) We
do not see a clearly spelt out Dual citizenship clause which shows political
blinkers and short sightedness in the extreme. WOZA will use the second all
stakeholders’ process to campaign for the inclusion of these issues.
In the meanwhile WOZA call for an end to further interference, egos and political posturing.
These are our demand on the political leadership of the country:
1. No more
compromises from MDC and MDC T on the draft constitution or we will refuse to
accept it.
2. Zanu PF must for once allow the peoples and their own members
view to carry the day. The people spoke clearly that they no longer want a
highly centralised unitary state. The child called DEVOLUTION has been born. It
is a child conceived by the people, the majority being mothers of the nation.
Born out of a reluctant coupling of politicians and people. The baby’s face may
not look like we wanted but it is a citizen by birth – allow the people to give
it life and help it grow.
3. We demand the 17 July 2012 draft be urgently
printed in all languages and provide sufficient time to study it and advance us
our political rights in section 4:24 which will allow us our right to meet and
demonstrate peacefully as part of civic awareness raising role.
4. A
transparent and accountable system to call for the second all stakeholders
conference with full participation of all sectors of society and provision for
inclusion of stakeholder input.
5. An efficient and speed census process
resulting in a proper delimitation process new voters’ roll.
6. A vote by
Identity card in the referendum and an easier registration system for the
election that follows.
7. We call on the SADC monitoring team to begin work
and to push for full GPA implementation and an end to police harassment of WOZA
members
8. Please will members of the international community to refuse to
lift sanctions until the finalisation of the Draft after the referendum
process.
9. We call on the UNDP to continue to fund the constitution making
process but with conditions that make sure we have progress and the people’s
views are genuinely sought and taken into account and that there are not
inflated budgets
10. WOZA call on Civic Society leaders and workers to avoid
grandstanding but to take their role seriously this time round. In 1999 and
2000, there was a NO campaign which failed to correctly provide Zimbabweans with
a proper picture of what was at stake. Many of us were not properly and
responsibly consulted. Please do not take people for granted this time
round.
A message to the people of Zimbabwe: This is your time to shine and exercise your democracy, don’t let the politicians speak for you or take you for granted.
Ends
6th August 2012
CONSTITUTION WATCH 2012
[4th August
2012]
“Final” Draft
Challenged by ZANU-PF
Subsequent to agreement being reached and the Final Consolidated
Draft being completed at 5 a.m. on Wednesday 18th July by the Management
Committee, which includes the COPAC co-chairs and the GPA party negotiators, the
draft was distributed on 19th July. It was distributed on the understanding that, as the negotiators had
the power to represent their party positions, and as the previous draft had
already been scrutinised by the GPA parties and there had been tough bargaining
between the negotiators for over a month to accommodate new demands by the
parties, in particular those of ZANU-PF, finality had been
reached.
The Management Committee did not envisage further debate and believed
this was the document that would go forward to the Second All Stakeholders’
Conference. As such it was presented for
information, but not for altering, to:
· the Select Committee on Thursday 19th July
· Parliamentarians on Thursday 26th July, when COPAC distributed copies
of the draft to MPs and Senators at a special meeting held at
Parliament.
But in spite of it being agreed as the final draft for the Second All
Stakeholders’ Conference, problems have arisen.
Only Two Parties
have Backed their Negotiators
MDC-T
On 30th July MDC-T said in a statement that its National Executive was “satisfied that the draft Constitution
essentially captures the views of the people of Zimbabwe and represents an
incremental gain in the democratisation process” and had resolved to support
the draft; it would recommend the same to the MDC-T National Council. At its
meeting on 3rd August the National Council resolved to accept the draft “despite the fact that some aspects which
the MDC would have wanted included in the draft could not be incorporated”
and recommended a “Yes” vote at the Referendum.
MDC
MDC Secretary-General Priscilla Misihairabwi-Mushonga said her party endorsed the draft “because it was a process born out of
negotiation. We negotiated every full
stop and every comma in the draft. So, we are very happy with the final
outcome.”
ZANU-PF has Raised Objections
The party’s Politburo held an extraordinary meeting on Friday 27th
July to examine the draft. The meeting
lasting until after 2 a.m. Interviewed after the meeting, ZANU-PF negotiator and
Management Committee member Patrick Chinamasa said the Politburo had gone
through the draft line by line and accepted about 97% of it. He said the
procedure for the appointment of provincial governors and a section on the
composition of provincial councils were the notable objections while other
matters were “technical”.
The list of issues with which the Politburo was reported to be
unhappy suggests that rather more than 3% is contested; and they are certainly
not just “technical” nor minor issues, like altering a shade of meaning or
giving clarity to a clause, but involve substantial alterations to principles,
not just on governors and provincial councils but on separation of powers –
increasing the President’s powers at the expense of Legislature and Judiciary,
control of defence forces, etc.
No official statement from ZANU-PF was issued, but a lengthy report
in the 29th July Sunday Mail [which
is virtually the party’s mouthpiece], headlined “Draft constitution: The drama begins”,
lists the areas of disagreement and new demands
ZANU-PF Politburo
Objections
· National
objectives and foundations – the ZANU-PF Politburo want these two chapters rewritten so that
they are “permeated” with liberation
values, i.e. to place more “weight”
on the role of the country’s struggle against colonialism and imperialism; and
“to recognise the liberation struggle as
the cornerstone of the modern Zimbabwean nation”. They also want to include wording that
endorses economically empowering indigenous Zimbabweans.
· Devolution/provincialisation
Provincial councils do not feature in the present Constitution and
provincial governors are mentioned only to make them ex officio Senators. Provincial governors are appointed by the
President, and provincial councils are constituted and allocated certain
planning and co-ordinating functions, under the Provincial Councils and
Administration Act. The councils consist
of representatives of urban and rural district councils and chiefs in the
province concerned and are chaired by the provincial governor. The draft constitution changes the method of
appointment of provincial governors and the constitution of provincial councils,
and provides for greater powers to be devolved to the councils.
The Politburo objections centre on:
o The small increase in devolution/provincialisation added by the
draft – for the reason that “it
brings disharmony in a unitary state,” and “allows centrifugal forces to be in
ascendancy as opposed to centripetal forces. The Politburo is of the strong mind
that the status quo should be maintained.”
o Method of appointment of provincial governors – the procedure in the new draft allows a party with the highest
number of Parliamentary seats in a given province to nominate two candidates,
one of whom will be appointed provincial governor by the President. The Politburo want the present procedures to
be maintained, i.e. direct appointment by the President to emphasise what the
Politburo considers to be their function – to be the personal representative in
a province of the President and not of political parties.
o Direct representation on provincial councils The draft brings an element
of direct representation to these councils by providing that after elections all
MPs and Senators from a province will sit on its provincial council. Also there will be provision for 10
additional members for each province.
The exact modality of how these seats will “elected” will be worked out in the
Electoral Act. The framework given in
the draft is that the seats will be allocated proportionately between parties
winning seats in National Assembly in that province, and the parties must
nominate from a party list alternating a woman and a man [starting with a
woman].
The Politburo rejected all these proposed changes and considered that
the status quo should remain on the basis of the need for harmony between the functions of local authorities and national plans and
objectives.
· A Constitutional
Court – the draft proposes the establishment of a special court to deal
with constitutional matters. The
Politburo want this provision scrapped, saying the existing arrangement serves
the country better, i.e. the Supreme Court constitutes itself into a
constitutional court comprising five judges when dealing with constitutional
cases.
· Deployment of
defence forces outside the country needing Parliamentary approval – the present Constitution does not require the President to obtain
Parliamentary approval for the deployment of the Defence Forces, whether within
or outside Zimbabwe. The draft states
that a deployment of the Defence Forces outside Zimbabwe must be rescinded
unless approved within seven sitting days at a joint sitting of the Senate and
the National Assembly. The Politburo
rejected this provision “because in
defence matters, you do not do stupid things like that”; it considered that
a refusal to approve a deployment already implemented would jeopardise the
security of the troops concerned.
· The Office of
Public Protector [known as Ombudsman until 2007] – this institution, which has existed
since Independence, is responsible for dealing with complaints of
maladministration by public officials but has never been very effective. The draft proposed it should be abolished and
its functions taken over by the new Zimbabwe Human Rights Commission. The Politburo resolved that the office should
remain in place as it performs unique functions.
· A National Peace and Reconciliation Commission – this is a new constitutional commission provided for in the
draft. The Politburo’s view was that
there was no basis or justification for the creation of additional
commissions.
· Restructuring of
the Attorney-General’s Office and Creation of a Prosecutor General – At the moment the Attoryney-General is
responsible for criminal prosecutions.
The draft splits the Office of the Attorney-General in two, one office
being that of a Prosecutor-General who would be responsible for carrying out
criminal prosecutions. The
Prosecutor-General would be totally separate from and independent of the
Attorney-General. The Attorney-General would
remain the principal legal adviser of the Government and its representative in
civil litigation. The Politburo wants
the status quo maintained because it has “served the country well”.
· President to
nominate election running mates who would become the Vice-Presidents – at the moment the President, once voted into power, appoints two
Vice-Presidents [one of whom, to accommodate the 1987 ZANU-ZAPU Unity Accord,
must be from Matabeleland]. The draft
says that the President and the two Vice-Presidents must be elected “jointly” by the voters, so each
presidential candidate’s nomination papers must include two vice-presidential
candidates as his or her running mates, one nominated as first Vice-President,
the other as Second Vice-President.
Voters must choose between the competing three-person packages. There were objections to this in the
Politburo, but because of the dissension round the question [it would bring the
ZANU-PF succession issue to a head] there was no statement of the
Politburo’s final position.
· Chiefs – Unlike the first draft the present draft makes no provision for
the Council of Chiefs to nominate a member of the Judicial Service
Commission. The Politburo wants the
first draft’s provision to be restored because customary law courts are part of
the judiciary and an extension of their jurisdiction to land matters is being
considered. .
ZANU-PF to Negotiate
New Demands with Management Committee
ZANU-PF Constitution Management Committee member Minister Chinamasa
said that once the Politburo had
reached a final decision on exactly what changes they require to meet their
objections, the suggested “amendments
would be collated into a comprehensive document and these would be tabled before
the management committee”. Party
spokesperson Rugare Gumbo has expressed confidence that the other two parties
will renegotiate. “We are going to engage our colleagues in the management committee
over the party position. Our expectation is they will accept these proposals to
improve the draft. The Politburo and Zanu-PF are
committed to seeing this process through. A lot of resources have been expended;
we cannot afford to see the process come to naught.”
BUT The Politburo met again on Wednesday 1st August and did not reach
consensus as there were still areas of contention. They are planning to meet again next
Wednesday 8th August.
MEANTIME the other two parties have made statements that the draft
was a product of hard negotiation by negotiators who had a mandate from their
parties, and they are adamant that it is not for renegotiation and they are not
prepared to make further concessions to ZANU-PF.
Veritas makes every effort to ensure reliable information, but cannot
take legal responsibility for information supplied
BILL
WATCH 37/2012
[6th August
2012]
Parliament Recalled to Sit on Tuesday 7th
August
At President Mugabe’s request, the Speaker and the President of the
Senate have recalled the House of Assembly and the Senate to sit from Tuesday
7th August. They had adjourned until 3rd
September. Parliamentary Standing Orders
permit the presiding officers to take this step at the request of the President
if they are satisfied that the public interest so requires. [House of Assembly
Standing Order 187, Senate Standing Order 194.]
Note
Parliamentary Committees are still in abeyance until the start of new [5th]
session of Parliament
Reason for Recall
To Ratify Chinese Loan for Victoria Falls Airport
Upgrading
The Clerk of Parliament
announced the recall late on 3rd August and said that the recall is
“to consider the ratification of agreements and urgent public
business”. No further details of the
agenda items were given in the statement, but one agreement coming up is for a
$164 million loan from China to finance the upgrading of the Victoria Falls
airport ahead of next year’s UNWTO Congress.
[Copy of agreement not yet
available.] Parliament's approval of
international agreements with financial ramifications for the Government is
required by section 111B of the Constitution.
The signing of this and several other financial agreements between
Zimbabwe and China was announced in early April during a visit by Chinese Vice-Premier Hui Liangyu.
Minister of Finance Tendai Biti signed for Zimbabwe.
Comment: If the deal was signed in
April, it would have been sensible to bring it to Parliament any time since then
while it was still sitting. It is very
costly to the nation to recall Parliament.
Recalls to secure urgent approval of Chinese loan agreements signed
months previously are fast becoming a Government habit. The last such recall was in May 2011, when a
long adjournment was interrupted to allow the Minister of Defence to get
Parliamentary approval of a controversial loan agreement between Zimbabwe and
China to finance the construction of
the National Defence College. The recall
coincided with a visit to Zimbabwe by a high-level Chinese military delegation.
On that occasion MPs from both MDC
formations complained that Parliamentarians were being railroaded into
rubberstamping a transaction they had not had enough time to consider properly;
and there was public outrage over the Government’s handling of the deal.
Other
Business?
Although the Clerk of Parliament did not mention what other business
Parliament would deal with – it is permitted, by the Standing Orders used to
recall Parliament, for the Houses to resume work on outstanding agenda
items. It is hoped that this will be
done, considering the expense of the recall.
· Items still on the House of Assembly agenda include: presentation of the report of the Privileges Committee on
the contempt of Parliament charges against Mr Arafas Gwaradzimba; Hon Sululu’s
motion on the need for monitoring Government implementation of Portfolio
Committee recommendations; Hon Zhanda’s motion calling for a Parliamentary
investigation into allegations of corruption at the Reserve Bank; and Hon
Musundire’s motion for the scrapping of the present Indigenisation Regulations;
as well as “take note” motions for discussion of recent Portfolio Committee
reports.
· An important issue still to be dealt with in the
Senate is the backlog of Parliamentary Legal Committee [PLC] adverse reports on statutory instruments. It is hoped that these can be satisfactorily
cleared; it would be regrettable to have a repeat of what happened at the end of
the Third Session, when adverse reports, including one on an indigenisation SI,
lapsed and were not heard of again.
Developments on PLC Adverse Reports on Statutory
Instruments
Controls on entry into an army secondary school in
Kadoma The Parliamentary Legal
Committee [PLC] reported adversely on SI 61/2012, issued under the Defence Act,
which declared the site of the new Army boarding school in Kadoma to be a
military cantonment. The effect of the
SI was to make entry into the school site without the permission of the officer
in charge a criminal offence. The
Minister of Justice and Legal Affairs – who has Ministerial responsibility for
matters involving the implementation of the current Constitution – has accepted
the PLC’s view and has advised the Minister of Defence that the SI must be
repealed. A new SI to give effect to the
repeal is awaited.
Penalties in local authority by-laws During the current
Parliamentary session there have an unprecedented number of adverse reports by
the Parliamentary Legal Committee [PLC] on penalty provisions in local authority
by-laws. 16 such reports, all on the
same lines, have been presented, but not yet voted on, in the Senate by PLC chairperson Mushonga.
The PLC’s objection to these by-laws focuses on the need to protect
the public from the abuse by councils and council officials of provisions in
local authority by-laws on fee-charging and imposing penalties. The PLC says the way in which
penalty-creating provisions are applied by councils and their officials
infringes an alleged offender’s right to due process as laid down in the
Constitution and the Criminal Procedure and Evidence Act [CPEA]. An example of the abuse is that fines in
practice are being imposed and collected by municipal police officers and
receipted by municipal officials without reference to a court. This offends against the procedure laid down
by CPEA for admission of guilt deposit fines and the processing of such fines
under the supervision of the magistrates court.
The Minister of Justice and Legal Affairs has discussed these adverse
reports with the PLC and an agreed position has been arrived at, as follows:
· language in by-laws will be tightened up to distinguish between fees
and charges for services and penalties or fines for criminal
offences
· by-laws will make it clear that deposit [spot] fines cannot exceed
$20 [level 3] and that levying of these fines must be strictly in accordance
with the CPEA, i.e., the paper work must be vetted by a
magistrate
· municipal officials will be gazetted as “prescribed officers” under the CPEA,
with power to invite and receive deposit [spot] fines under the CPEA
procedures.
As the agreed position document is in general terms, it is expected
to result not only in changes to by-laws already singled out by the PLC as
constitutionally defective, but also to avoid similar problems in future
by-laws.
New mining fees [SI 11/2012] This
much-criticised SI also attracted an adverse report from the PLC. Both the Minister of Mines and Mining
Development and the Minister of Finance have said the tariff of fees is being
reviewed, but it is taking an inordinately long time to gazette a new SI.
Other statutory instruments affected by adverse
reports Government reaction to other
PLC adverse reports on SIs is still awaited.
These include reports on: an amendment to the VAT fiscalised cash
register regulations [SI 153/2011] and sub-catchment council rates under the
Water Act [SIs 127/2011 and 10/2012].
Under the Constitution, the Senate’s adoption of a PLC adverse report
means that the President must repeal the statutory instrument concerned or the
particular provision/s in it condemned by the PLC reports as
unconstitutional. The only way this can
be stopped is for the responsible Minister to take remedial action to alter the
unconstitutional provisions in the statutory instrument – or if the House of
Assembly were to promptly pass a resolution overruling the Senate.
Status of Bills
[only one new item since Bill Watch 36/2012 – see Microfinance
Bill below]
[Bills available from veritas@mango.zw unless otherwise stated]
Passed Bills being prepared for Presidential assent before gazetting
as Acts
Zimbabwe Human Rights Commission Bill
Electoral Amendment
Bill
Older Persons Bill
Appropriation (2012) Amendment Bill
Finance Bill
Bills being printed for gazetting before presentation [not yet available]
Securities Amendment Bill
Micro-Finance Bill [This has recently been sent to the Government Printer. In his 2012 Mid-Term Monetary Policy
Statement Reserve Bank Governor Gideon Gono said this Bill was a response to the
inadequate legislative provisions for the microfinance sector, and referred to
input received from a technical committee comprising the Reserve Bank, Ministry
of Finance, Ministry of Small to Medium Enterprises, Ministry of Justice and
Legal Affairs, Zimbabwe Association of Microfinance Institutions and the World
Bank local office.]
Bill approved by Cabinet, but not yet in ready
Income Tax Bill – mentioned by the Minister of Finance in his Mid-Year Fiscal Policy Review [Bill not yet available]
Government Gazettes of 1st and 3rd August
[copies not available]
This week saw a Budget-related Gazette Extraordinary on 1st August in
addition to the regular weekly Gazette on 3rd August.
Statutory Instruments
Excise duty on fuel SI 129/2012, gazetted on 1st
August is a Customs and Excise Tariff Amendment increasing excise duty on petrol
and diesel from 20c to 25c per litre, with effect from 1st August. [In his Mid-Year Fiscal Policy Review the Minister of Finance said Government did not expect this increase
to cause price increases for petrol or diesel, given the marked drop in the
international price of crude oil. Strict
arrangements would therefore be put in place to monitor retail
prices.]
Collective bargaining agreement for agricultural
industry SI 130/2012 sets out new
wages applicable from June 2012.
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responsibility for information supplied