Sent: Tuesday, December 16, 2003 9:30 PM
Subject: David Coltart year end letter to Bulawayo South
constituents
Dear
Friends
Please
find attached my end of year report to my constituents which will this week be
printed and circulated throughout Bulawayo South. I have also attached 3
photographs which I hope will not clog up your systems. The first is a
photograph of me,
Councillor A.G.
Ndlovu and volunteer workers at the new Aids victims self help centre being
built in Umgwanin. The second is a shot of the opening of the Bulawayo South
Constituency office (my great friend Abednigo Bhebhe MP for Nkayi is speaking in
the foreground) and the third is a rather blurred shot of me handing over the
Presidential Challenge Heads of Argument to President Wade of Senegal in Dakar.
Mug shots galore!
Happy
Christmas to you all.
Best
wishes, David Coltart
---
Dear Friends, December
2003
2003 has undoubtedly been one
of the hardest years Zimbabweans have ever had to endure. I am aware that many
of you are battling to survive. The prices of basic goods have soared, school
and medical fees are unaffordable and life is generally tough. That situation
has been made worse by the fact that the ZANU (PF) regime has recently shown
that it has no intention of resolving the crisis and by the fact that we, as MDC
MPs, have found it difficult to communicate with our constituents. I have been
banned from speaking at several meetings this year, the banning of the Daily
News has prevented me from getting my message out and the Chronicle refuses to
carry advertisements that publicise when and where I
will be speaking. It is for these
reasons that it is important for me to write you this brief letter to advise
you, as the year closes, about some of the things I have been doing as your
MP.
Parliament
Although the regime has
subverted Parliament by ensuring that it rarely sits, and when it does its
proceedings are not fully reported, the MDC has dominated Parliament this year.
We have dominated not only the debates but also in our participation in the
various Parliamentary committees that are responsible for holding government
Ministries accountable.
Just this past week we debated
at length the decision of the regime to withdraw from the Commonwealth and the
2004 budget – we all spoke forcefully as to why the regime’s policies on both
issues will not resolve Zimbabwe’s problems, on the contrary that they will make
things worse. In the 5 hour long debate I and my colleagues stated that when the
MDC comes to power we will bring Zimbabwe back into the Commonwealth. In the
budget debate I pointed out that nearly 25% of this year’s total budget will be
spent on keeping the regime in power (i.e. on defence, the police, the
bloated cabinet and the CIO) and that when the MDC comes to power it will spend
money on the people, on health and education, rather than on guns. Of course the
Chronicle and ZBC never report on what we say in Parliament but it is all
recorded in Hansard. Despite the regime’s attempts to silence me I have had
numerous report back meetings in Bulawayo South and elsewhere in the country
this year.
In October I opened the
Bulawayo South Parliamentary office at Nketa 6 Council offices. This has been
made possible through the generosity of the UNDP. The office is open from 8am to
5pm, Monday through Friday, and if you have any issues of concern please go in
and report them and I will do my best to help you. We do not have a phone yet
but when one is secured we will advertise the number.
Projects
I am delighted to report that
the “Mustard Seed” project started by the Bulawayo South Development Trust over
a year ago has finally started to take shape. The project aims to tree all the
streets in Nketa. In the last year I have managed to secure a $14 million
donation from a German donor and in the last few weeks teams of young people
have started digging the first holes for trees along Nketa Drive. Our dream is
that eventually Nketa will be transformed into another “Suburbs” except that the
Trust is planting indigenous trees rather than Jacarandas. I pay tribute to the
Trustees who have worked so hard to start this project.
In the last few months I have
started working with Councillor A.G. Ndlovu of
Umgwanin and Toc-H Zimbabwe who have initiated a project to set up an Aids
victims’ self help centre. They have secured land from the Council, had plans
passed and foundations dug for the new centre. I have had positive meetings with
the Japanese and Swiss Ambassadors to finance the continuation of the project
and am hopeful that we may be able to commence building in the New
Year.
MDC Legal Affairs
Department
As Secretary for Legal Affairs
I have had a busy year. The most exciting news is that the updated MDC Justice
Policy document was completed a few months ago and was recently approved by both
the MDC National Executive and Council and will be put to the MDC National
Conference shortly for ratification. This has been a mammoth project and sets
out what policies the MDC will implement regarding a new Constitution, our court
and prison systems and how we will ensure that justice prevails in a new
democratic Zimbabwe. The task has been part of a much broader policy review and
it has been very encouraging to have been part of that process. Our policies
will be publicized after the National Conference and I know will encourage you
all that there is a secure future ahead when the MDC comes to
power.
I have also of course been
ultimately responsible for organising the prosecution of
the Presidential Electoral Court challenge (which started in November),
the
defence of MDC President in the
treason trial and the defence of the hundreds of
pro-democracy activists who have been unjustly detained and prosecuted this
year. I am pleased to report that the Electoral Challenge has started well, that
the treason trial is going very well and that efficient systems have been put in
place to ensure that all those subjected to unjust detention and prosecution are
adequately represented.
Local Council
Elections
It is with great pride that I
can report that every ward in Bulawayo South is now represented by an
MDC
Councillor following the overwhelming
MDC victory in the August elections. The 5 Councillors and I worked
closely together in the run up to the election and have continued to do so since
then. We now have a real challenge to transform Bulawayo into an island of hope,
democracy and progress.
International
Work
The MDC has continued engaging
the international community this year and in this regard I, along with others,
have been mandated by the National Executive to travel abroad and within Africa.
My main role has been to explain to the international community the details of
the Electoral Challenge, details of the various trials of MDC leaders and
supporters and the current human rights situation. In the past year I have had
meetings with representatives of the Canadian, American and Irish governments.
In September whilst in the United States I had successful meetings with Mr.
George Papandreou, the Greek Foreign Minister, Congressman Donald Payne (the
recent Chair of the Congressional Black Caucus), Professor Irwin Cotler MP, one
of the principal legal advisers to the Canadian Prime Minister and Mr. Pierre
Schori, the Swedish Ambassador to the United Nations. In October Tendai Biti, MP
for Harare East, and I had two very positive meetings with the President Wade of
Senegal in Dakar. And in that same month I was fortunate enough to have a
private meeting with President Nelson Mandela and another with the German
Vice-Chancellor and Foreign Minister, Mr. Joschka Fischer.
As you are aware a five person
MDC team has just returned from a highly successful trip to Abuja, Nigeria, for
the CHOGM meeting. Others, notably Secretary General Welshman Ncube, have
engaged in successful trips elsewhere in Africa. All of these trips have
culminated in an increased awareness and understanding of what is happening in
Zimbabwe and it is particularly gratifying to see that every single Caribbean
nation, an overwhelming majority of Pacific nations and (for the first time) a
majority of African nations sided with us against the regime in the just ended
CHOGM meeting, which in turn has made the regime react by withdrawing from the
Commonwealth. There is now an overwhelming consensus in the world that the
regime is illegitimate and that the crisis in Zimbabwe can only be resolved
through the restoration of the rule of law and the holding of fresh, free and
fair elections.
The Way
Ahead
There are two overwhelming
pressures at play in Zimbabwe, namely economic and international. The regime has
no solution to prevent the economic collapse taking place in our country. For
all their attempts to blame it on non-existent general trade sanctions the fact
of the matter is that it is their own ruinous policies that have caused massive
inflation and the depreciation of the Zimbabwe dollar. Only the international
community has the economic power to save us and, as demonstrated above, the
regime has now effectively cut itself off from those very nations and
international institutions. It is now only a matter of time before the regime is
forced to admit its failure and to negotiate a way through to fresh elections.
Until then I urge you to remain resolute. I wish you all a happy and peaceful
Christmas and New Year.
David Coltart MP, Bulawayo
South
JAG OPEN LETTER FORUM
Email: justice@telco.co.zw; justiceforagriculture@zol.co.zw
Internet:
www.justiceforagriculture.com
Please
send any material for publication in the Open Letter Forum to
justice@telco.co.zw with "For Open Letter
Forum" in the subject
line.
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Letter
1: Kith and Kin
There has been so much hot air flying about this past
week about Zimbabwe
and Chogum and the aftermath that I really felt that any
further remarks
would be superfluous. However Mbeki's fatuous remarks about
Britain being
only interested in "their kith and kin" got me going. He cannot
get away
with that nonsense!
Overall his statement on Friday to the
ANC newsletter (which I understand
he writes himself every week) is so full
of misrepresentations that I could
devote a book to rectifying his claims and
assertions. But I really do
object is to being referred to as Tony Blairs
"kith and kin". Why? Because
it simply is not true and stated in the context
that he was using the
argument is not only a misrepresentation of the facts
but an attempt to
disguise his own agenda.
My own family history is
that my great grandfather came out from Ireland as
a missionary and settled
in the Eastern Cape in 1867. My family was well
established in South Africa
and my grandfather played an important role in
South Africa before the
Nationalists came to power in 1949. My own father
came here in 1933 and I was
born in Bulawayo and now have a family of my
own with two children and four
grandchildren - all of whom are in Zimbabwe.
On the side of my family
represented by my wife, she goes back to 1840 and
to both German and English
roots - again in the Eastern Cape.
What does this make us? We certainly
qualify as being Africans and have
regarded ourselves as such for many years.
Home for us is the house we live
in, in a quiet suburb of Bulawayo. We have
no intention of leaving and
would not consider doing so unless we are forced
out at the end of a gun.
There are now about 60 000 of us white Africans
left in Zimbabwe. We were
never more than about 3 per cent of the total
population and now represent
about 0,5 per cent. We control about 15 per cent
of the economy and have no
political power or any real influence. About a
third are of Scots decent,
the rest come from all over the globe. Does that
make us kith and kin to
the British? Do the British really regard us in that
light - hardly, we
have been an awkward, ructious embarrassment to them for
over a century.
They did not want Rhodesia as a colony when it was offered to
them, they
did not want responsibility when their final vestiges of control
were swept
away by UDI. They imposed the toughest sanctions ever imposed by
one state
against another in return.
When this tiny minority in the
middle of Africa was threatened with armed
struggle in the late 60's the
British never once suggested supporting the
whites against their nationalist
foes. I was never allowed into Britain
until we gained independence in 1980,
my passport was simply not
recognised. We were given no aid for over 80
years, no development
assistance, no military assistance or training.
Actually we did not even
like the English - my own personal history includes
the hanging of three
ancestors by the English for stock theft in 1129 - and
we have never
forgiven them for that!
The truth of the matter is that
we are not kin in any sense except the most
general one that could be used by
any group that is based on migrants from
one part of the world to another.
There is no sign in British foreign
policy that they regard white Africans in
any light other than what they
are -
Africans of a different hue to the
majority. If the majority turned on
minorities like ourselves and threatened
a massacre then we might see
aircraft from different nations, including
Britain, on the apron of our
airfields prepared to uplift those so
threatened, but that does not make us
kin. Tony Blair has said that if Rwanda
happened again they would go in to
prevent another round of genocide. That
does not make the Rwandese kin.
Britain has remained almost silent on the
Zimbabwe situation for nearly
three years. They have done so, so as to ensure
that the very arguments
that Mbeki has raised against them in the context of
their stand at Chogum,
would be denied those who seek to break the rules. The
statement that the
only reason why they have taken a stand is that Mugabe has
taken assets
away from the local white community is just fatuous nonsense.
Mbeki has a
selective memory when it comes to history - it was not the
"failure by the
western donors to fund land reform" that denied the Zimbabwe
government the
resources to pursue their illegal and irresponsible land
agenda. It was the
blatant failure by the Mugabe led government to adhere to
firm commitments
made at the 1998 land conference.
There has been no
hint that any donor - much less the United Kingdom, has
any willingness to
compensate white Zimbabweans for the losses incurred by
them as a consequence
of the racist expropriation of their assets. On the
contrary they continue to
say they are willing to fund land reform - but
only if it benefits the poor.
I assume this definition does not include me,
or any others like
me!
There are now over 600 000 black Zimbabweans in the UK and over 350
000 in
North America. Many of these have taken out local citizenship, they
own
assets and run businesses. If Mr. Mbeki is suggesting that white
Africans
have no place in Africa because of the color of their skin, he is
opening
up a Pandora's box that will backfire in a serious way. Can you
imagine the
uproar if any Western State announced they were going to
expropriate the
assets of a minority and then told them that they could "go
home" and seek
compensation from their home governments. That is exactly what
Mbeki is
suggesting in his article. Frankly it is outrageous.
But it
is not just outrageous, it is foolish and it will damage the
prospects of his
own country and Africa as a whole. It demeans African
leadership at a time
when we could use a bit of influence and clout in the
world. It undermines
his ability to help resolve the problems in Zimbabwe
and it has damaged both
the SADC and the Commonwealth. For what purpose,
just to satisfy his own
intellectual ego?
Eddie Cross
Bulawayo, 15th December
2003.
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Letter
2: To All Ex-Gwebi Students 1967 - 1982
We would like to advise all
ex-students that Mr Hugh McLean, Principal of
Gwebi Agricultural College from
December 1976 to August 1982 passed away on
Monday 15th December 2003 after a
short illness. A Memorial service will
be held for him on Friday 19th
December at 2.30pm at the Faith Ministries
Church, cnr of Lomagundi Road/West
Roads (next to WVS behind the Emerald
Hill Post Office).
Contact
either Dulcie McLean on 04-303607 or Christine Chisholm (daughter)
on
04-860927 or chisholm@mweb.co.zw for
further
details.
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Letter
3:
I was born on a rainy night with thunder and lightening all around. I
spent
the first 6 years of my life rounding up sheep and wondering the hills
of
the farm with my master. When he left to go to England, I staid behind
with
another farmer and ran with her motorbike, walked the lands and checked
the
sheep. When she was forced off her farm, her staff kindly took care of
me
for 14 months while she found a home that I could have a space in. I'm
back
with her now, following her like a shadow, always nervous that when
she
goes to work in the morning, she won't come home. But I'm happy to be
home
and love the care and attention given to me by the children.
And
I am a lucky dog.
But there are so many dogs wondering the streets,
scraggy, thin,
malnourished. Left to a friend by a caring master with tears
in their eyes
as they went to other lands. Many dogs landed up in the SPCA or
friends
foundation where they are caged, waiting for........?
Please
think hard before you take a pet, breed a pup, leave a dog with a
friend or
the foundation. The load is too big for the people who stay
behind.
It
may be kindest to bury us here in our beloved land before you go so that
our
spirits can wonder the land without agony.
With love and best
wishes
Basil.
---------------------------------------------------------------------------
All
letters published on the open Letter Forum are the views and opinions
of the
submitters, and do not represent the official viewpoint of Justice
for
Agriculture
School fees to soar in ZimbabweBy Peta Thornycroft
LONDON DAILY
TELEGRAPH
HARARE, Zimbabwe — With the new school year set
to begin next month, the
government of President Robert Mugabe has ordered a
tenfold increase in fees
at state schools, forcing many parents to stop
educating their children.
"That's it. It's the end," said a father of
two in a suburban
supermarket east of the capital, Harare, looking for
something he could
afford to feed his family.
"We won't send the
children to school next year. There is nothing else
to do."
The man, a
junior civil servant in a vehicle-repair workshop on the edge
of the city,
added: "Don't ask my name; you know why."
Parents run the financial
affairs at most of the 6,000-plus government
schools in Zimbabwe, and they
have been holding meetings to set fees for
January.
With interest
rates soaring to between 400 percent and 500 percent and
inflation topping
1,000 percent according to private-sector economists,
governing bodies say
they have no alternative but to ask parents to pay more
for school.
At
one high school, in the Mabvuku township, about 10 miles east of
Harare, fees
are going up less than in many other places, from about 75
cents to about
$7.50 a term.
It is a school for children in a working-class neighborhood
where up to
80 percent are unemployed.
At Lewisam Primary, a
government school in a richer suburb, where the
pupils come from
middle-income families, fees have gone up from about $2.80
to about
$37.
Education Minister Aenias Chigwedere blamed "unscrupulous"
schools,
rather than the economy, for the increases, which he condemned as a
scandal.
The hard-currency value of the Zimbabwean dollar does not
reflect the
extraordinary and unprecedented pain of the ordinary family
trying to feed
itself and pay school fees.
A U.S. dollar is
equivalent to about 15,000 Zimbabwean dollars on the
black market, which is
where most foreign currency changes hands, including
at banks.
Most
factories are now paying their lowest-paid workers about $18 a
month. Rent,
fuel and other everyday items are priced according to the
black-market value
of U.S. dollars and are therefore out of reach of many
workers.
World
Bank statistics on Zimbabwe show that two years ago it had the
highest
literacy rate in Africa, at about 97 percent between the ages of 15
and 24.
Last year, 2.4 million children attended school and were served by
61,000
teachers.
Fidelis Mahashu, a lawmaker from the opposition Movement for
Democratic
Change, said: "The quality of education is deteriorating fast, and
the new
school fees must not be used by the government to prevent children
from
going to school.
"Every child has a fundamental right to
education, and fees must be
affordable. It is the responsibility of the
government to not only
superintend schools, but to provide adequate funds so
every child can go."
A great book....got it a couple of weeks ago,
along with Luke Zunga's " Farm Invasions in Zimbabwe". Luke is a Zimbabwean
& has written an excellent book, laying down in clear,
concise & succinct terms what has REALLY happened in Zim in the last few
years. Luke's book is available at Exclusive Books(or email truth.house@yebo.co.za)
C.
The Battle for
Zimbabwe
by Geoff Hill
Zimbabwe's ruling party is
currently experiencing its most intense economic and political challenge in its
20-year history.
This book, written in an
easy-to-read journalistic style, charts these troubled times. It takes the
reader inside Robert Mugabe's party, ZANU-PF, and the oppositional Movement for
Democratic Change. The author has met with members of both parties who have been
prepared to talk candidly.
The book considers critics and
observers, the huge role played by the independent press and the often
contradictory responses to Mugabe from the international community. It also
looks at the lives of ordinary Zimbabweans living in a collapsing economy.
Finally, it considers Zimbabwe's future - the challenge that lies ahead to
rebuild the country
The Battle for Zimbabwe contains harrowing reports of
human rights abuses and an epilogue on whether the situation across our border
could affect South Africa. More than 1000 people were interviewed for the book
and, at the launch, Geoff will give his
views on what he believes is now "the final countdown" in the battle for
Zimbabwe.
_________________________________________________________________________________
e-mail
musgrave@adamsbooks.co.za
_________________________________________________________________________________
Geoff Hill grew up in Malawi, South Africa and Zimbabwe. In 1980, he joined
the Manica Post newspaper on the border of Zimbabwe and Mozambique and, after the
nationalisation of the press in 1982, he moved to Australia and spent eight
years with Rupert Murdoch’s News Corporation. In the past twenty years, he has
worked in Australia, the USA, Britain, Zimbabwe nd several other African
countries, and is currently Africa correspondent for the Washington Times.
In September 2000 he became the first non-American to receive a John
Steinbeck Award for short-story writing, and he also won the 2000 Common-wealth
Short Story Award for Africa.
Sunday Times (SA)
Mugabe rules out return to
Commonwealth
Wednesday December 17, 2003 07:20 - (SA)
HARARE -
Zimbabwe's President Robert Mugabe on Tuesday ruled out the
possibility of
his country's return to the Commonwealth from which he pulled
it out earlier
this month.
Mugabe told his supporters on arrival at Harare international
airport from
Switzerland and Ethiopia that Zimbabwe's pull-out from the
Commonwealth club
was final.
"That's the end. There is no return,"
Mugabe said.
"When we say we are out, we are out," Mugabe said to loud
applause from
supporters of the ruling Zimbabwe African National Union
Patriotic Front
(ZANU-PF) who welcomed him.
"We are no longer a member
of the Commonwealth, and we have turned our backs
on the Commonwealth, that's
it." Angry at the Commonwealth decision to
prolong his country's suspension
at last week's summit in Nigeria, Mugabe
pulled his country out of the club
of mainly former British colonies on
December 7.
A local private
daily, the Daily Mirror, reported Tuesday that South African
President Thabo
Mbeki was expected in Harare this week for talks with Mugabe
on what the
paper speculated could be Zimbabwe's withdrawal from
the
Commonwealth.
Mugabe said he had held talks with Nigerian
President Olusegun Obasanjo
while in Geneva where he attended the World
Summit on the Information
Society.
Obasanjo on Monday pledged to do
all in is power to return Zimbabwe to the
Commonwealth.
He described
the Zimbabwean president as a "very honourable and reasonable
person", but
said Mugabe "was very angered and saddened by the decision to
extend the
suspension".
As a human being he is right to feel that way, but I will
leave no stone
unturned to return Zimbabwe to the Commonwealth," Obasanjo
said.
In Ethiopia, Mugabe attended a Sino-African summit, in an effort
to
cultivate new relationships with China, as he has turned his back on
the
West.
AFP
The Herald
Police lists untried serious crimes before courts
By
Tsitsi Matope and Fidelis Munyoro
MORE than 1 456 serious criminal cases,
some dating as far back as 1992, are
yet to go into trial as the country’s
justice system grapples with the huge
backlog.
The figure was revealed
in a book compiled by police in which they listed
all the major crimes they
investigated and handed over to the courts.
The book cites perennial
problems police face after cases are handed over to
the courts and the
accused are granted bail.
According to the report, rape cases totalling
973, most of which were
committed in Bulawayo, have repeatedly been remanded
to later dates with the
majority of perpetrators granted bail.
The
slow pace in the justice delivery system has not spared Harare courts
either,
with more than 30 murder cases yet to be tried.
Recently, police and the
Attorney-General’s office have been trading
accusations with police reporting
that crimes committed by people on bail
were on the increase.
Acting
Attorney-General Mr Bharat Patel in turn challenged the police to
provide
details of specific cases that were not handled properly by
the
courts.
Police Commissioner Augustine Chihuri has maintained that
corruption in the
criminal justice delivery system frustrated police efforts
to cleanse the
community of undesirable elements and the report is proof of
this.
"Cases of magistrates, prosecutors and clerks accepting bribes are
a serious
cause for concern," Cde Chihuri said.
He alleged that some
public prosecutors received bribes to allow accused
persons to go on
bail.
"They may deliberately fail to cross examine accused persons and
witnesses
on crucial issues to enable decisions to be made in the suspect’s
favour,"
Comm Chihuri said.
He added that the dragging of cases was
also a cause for concern.
"The perennial granting of bail and sometimes
light sentences to notorious
criminals is negatively affecting the
economy.
"It is also a fatal indictment to the nation to have a criminal
justice
system which is wantonly manipulated and adulterated by money
mongers."
Comm Chihuri said police will do their best to rid the force of
corrupt
officers and many have since been fired from the force.
"The
justice system also needs to be rid of decaying elements as a matter
of
urgency."
The CID serious fraud section compiled a list of 139
serious dockets dating
back to 1996 that are still pending at the
courts.
Assistant Commissioner James Nyakotyo of the serious fraud
section yesterday
said his department had failed to understand court
operations where hardcore
fraudsters with a propensity to commit other
offences were granted bail.
"We have a notorious criminal involved in a
racket of manufacturing bank
cheques and he was granted bail more than once,"
Asst Com Nyakotyo said.
While it is generally accepted that a man is
innocent until proven guilty,
repeat offenders were not expected to be
granted bail on the basis of not
being repentant.
Asst Com Nyakotyo
said fraud cases involving trillions of dollars were still
pending at both
the Harare magistrates’ and High Courts.
It was a mockery of police
efforts to see that some people whose cases were
pending were allowed back
into the society where they committed many crimes.
Police cited an
example of a businessman who tops the list of those facing
serious cases of
fraud involving about $15 million.
Some businesspeople that now featured
as born-again Christians faced serious
frauds involving millions of
dollars.
Midlands Province recorded 208 pending cases of rape with 60
uncompleted
cases from Nembudziya in Gokwe.
The report by Kwekwe
police attributed escalation of rape cases to
continuous postponement of
cases and granting of bail to some perpetrators.
A man granted bail after
allegedly raping a minor in 2000 went out and
allegedly raped another child
before he was granted another bail.
Kwekwe police also cited many deaths
or disappearance of perpetrators before
the cases are
tried.
Witnesses, the police report said, were also frustrated by
continued remands
on some cases while there seemed not be a proper and faster
way of dealing
with estate cases.
A Norton man recently visited The
Herald alleging that a clerk of court at a
Harare civil court along Fourth
Street had made him pay a bribe of $100 000
to quickly deal with his
case.
Further investigations have showed that one of the clerks at the
court
demanded a "thank you" fee from desperate bereaved family
members.
"These court matters can drag for years if your pockets have
holes," the
court official said.
The police report showed that
Masvingo Province had 57 untried murder cases
and 71 rape cases dating back
to 1992.
In the report, Masvingo police conceded that unrepentant
criminals were
making their work difficult as they were granted bail by the
court without
consulting them.
"When some criminals disappear, the
court expects the police to re-arrest
the accused persons without considering
the hassles associated with chasing
a notorious criminal," the report
said.
Two suspects were granted bail after allegedly murdering and
robbing a Zaka
businesswoman. The suspects, who have repeatedly jumped bail,
are yet to be
re-arrested.
Of major concern in Mutare was failure by
the court to kick start serious
fraud cases.
"Prosecutors are
reluctant to prosecute big cases especially white collar
crime, hence most
cases are later abandoned."
Hurungwe recorded nine untried murder cases
forwarded to the courts four
years ago while Mt Darwin recorded
10.
While some magistrates have argued that they could not cope with
the
work-load owing to a critical shortage of magistrates, police indicated
that
petty criminals were in most instances quickly dealt with and
suspects
usually remanded in custody.
Police spokesman Superintendent
Oliver Mandipaka alleged that some
magistrates paid more attention to petty
crimes.
"Serious crimes are not accorded the serious attention that we
expect should
come from the courts and it becomes very difficult for sanity
to prevail,"
Supt Mandipaka said.
However, prominent Harare lawyer Mr
Terrence Hussein has defended the courts
and the Attorney-General’s Office
saying police investigations on
white-collar crimes were below par.
He
said the courts and the AG’s Office had received more than a fair share
of
criticism in the criminal justice system.
"I personally believe the
courts, minus a few incidents, have done a
splendid job in ensuring that
criminal justice is fairly administered in
this country," said Mr
Hussein.
He accused the police of incompetence in the manner in which
they sometimes
investigated crimes associated with hardcore
criminals.
"In my years of experience I have not come across an incident
where the
police have done a thorough investigation of the crime and led
concrete
evidence before the courts," he said.
Police officers, he
said, contributed very much to the granting of bail to
suspects they would
have arrested.
"One cannot expect the court, on the flimsiest of evidence
and on the mere
say so of a police officer who has not done his job properly,
to convince a
presiding officer to deny a citizen his freedom," he
said.
Mr Hussein said criminal investigations with regard to white-collar
crimes
left a lot to be desired.
He called on the police to come up
with proper candidates to investigate
such crimes which were very complex and
cancerous to the country’s economy.
"In a complex fraud case, the police
should set up an investigating team
which includes a lawyer, and as the
matter relates to figures should also
include a qualified accountant," said
Mr Hussein.
In Zimbabwe, he said, the situation was that fraud cases were
investigated
by police officers who probably could not read a simple cash
book.
"As such, the evidence that police officers bring before the courts
is
usually of dubious evidential value and the courts rightly throws out
the
case and rules in favour of the suspect," he said.
The Herald
PSC orders striking nurses, doctors back to work
Health
Reporter
THE Public Service Commission yesterday ordered striking junior and
middle
level doctors and nurses to resume duties before Friday or face
termination
of their contracts.
In a statement, the PSC said it was
common law that an employer would not
retain an employee’s job position when
they have discontinued their duties.
"In the event that any doctor or
nurse does not wish to comply with the
order and is of the view that their
contract should be terminated, they are
required to submit, through the head
of the ministry, written
representations to the commission before December
19, clearly stating
reasons therefore.
"Such written representations
will be considered by the commission, which
would then decide whether or not
to terminate the employment contract," said
the PSC.
It said the
strike by doctors was declared illegal by the Labour Court last
month as it
was in contravention of Section 104 (3ai) of the Labour Act
although junior
and middle level doctors defied the court order.
Commenting on the
statement, the Hospital Doctors Association president Dr
Phibion Manyanga
said striking doctors would continue with the strike until
they receive a
written undertaking from the PSC.
"We will not communicate with our
employer through the press and the strike
continues until there is a written
undertaking from PSC telling us that,"
said Dr Manyanga.
Zimbabwe
Nurses Association president Mrs Abigail Kurangwa could not be
reached for
comment.
Junior and middle level doctors went on strike in October
pressing for a
monthly salary of $30 million, while nurses discontinued
duties last month
demanding a review of their salaries from $167 000 a
month.
The Herald
Inter-city passenger train service resumes
Herald
Reporter
THE National Railways of Zimbabwe will with effect from today resume
all
inter-city passenger train services suspended last October owing to
fuel
shortages.
In a statement yesterday, NRZ corporate affairs
manager Mr Misheck Matanhire
said the inter-city passenger trains would run
daily until further notice.
Mr Matanhire, however, said the Gweru-Harare
passenger train had been
cancelled until further notice, while the
Gweru-Masvingo train would
continue to run as scheduled.
"However, all
the passenger trains will be departing at their normal
departure times and
intending passengers are advised to contact their
nearest stations for
further details," he said.
The resumption of the daily inter-city
passenger service was expected to
benefit many travellers who will be
travelling to their rural homes and
other holiday resorts during the coming
festive season.
The Herald
GMB officer severely assaulted
Herald Reporters
A
Grain Marketing Board provincial loss control officer, Mr Charles Kadoza,
was
on Monday severely assaulted by unidentified men in Chinhoyi.
The
assailants are believed to be agents of some farmers who are hoarding
huge
quantities of grain at their farms in Mashonaland West Province.
The
assault comes barely a month after the seizure of more than 2 000 tonnes
of
grain from Muderede Farm near Banket.
Mr Kadoza was one of the GMB
officials who discovered the grain which was
stashed in huge storehouses and
was allegedly earmarked for export.
GMB acting chief executive Colonel
Samuel Muvuti said the attack was meant
to instill fear in officials so as to
thwart a national exercise aimed at
identifying farmers who have not yet
delivered surplus grain to their
nearest depots.
The assault was
immediately reported to Chinhoyi police who are
investigating the
matter.
"These people obviously have a hidden political agenda of
creating an
environment of disorder and mayhem. These gangsters are working
in cahoots
with individuals who are enemies of the State who are trying to
derail the
success of the land reform programme," said Col Muvuti.
He
said the GMB was focusing on Mashonaland West province where there had
been
growing cases of farmers who are involved in illegal grain
dealings,
including some senior Government officials.
Col Muvuti said
the mopping up exercise had so far recovered more than 13
000 tonnes of white
maize and 300 tonnes of wheat.
He said the GMB was carrying out the
exercise without fear or favour and
would not be intimidated by rogue
elements whose agenda was contrary to
national interest.
"We are not
going to stop at anything in as far as fulfilling Statutory
Instrument 235
(A) of 2001 is concerned. People must understand they have an
obligation to
feed Zimbabwe if they were allocated a farm," he said.
He said one could
lose the allocated farm or plot if it was established that
they would be
hoarding the grain for speculative purposes or wanting to
export
it.
Col Muvuti said it was illegal for an individual to purchase maize as
the
GMB was the only sole buyer of grain, particularly maize and
wheat.
The 2002-2003 season was better than the previous year when only
46 000
tonnes where delivered to the GMB, compared to the 250 000 tonnes
delivered
so far. However, Col Muvuti said there was still a deficit of
around 1,5
million tonnes.
"What it means is that in the northern
parts of the country pressure on
drought relief is not as severe as it was
last year. But all the same about
1,8 million tonnes of maize is needed per
year and therefore the exercise
will continue."
Maize and wheat are
specified crops and should be delivered to the nearest
GMB soon after
harvest.
The GMB is the sole buyer of maize and wheat as stipulated by
the Grain
Marketing Board Act that compels farmers to register with the
organisation
and deliver their produce within a space of 14 days after
harvest.
The Act prohibits farmers from exporting grain without the
permission from
the GMB.
Section 40 (1) (a) of the Act requires one to
acquire a permit in order to
move the maize or wheat for a distance exceeding
250 kilometres.
The GMB last month embarked on a countrywide crackdown on
illegal grain
dealers and managed to seize 8 000 tonnes of maize and 2 000
tonnes of
wheat.
The Herald
Four accused of smuggling US$68m gold
Court
Reporter
FOUR gold dealers currently on remand on allegations of contravening
the
Gold Trade Act were yesterday back at the courts on fresh but
similar
allegations of smuggling to South Africa 7 498,74 kg of gold valued
at more
than US$68 million ($5 491 137 976,00).
Ian Hugh Macmillan, a
retired businessman; his son Ewan Macmillan, the owner
of two gold mines;
Claire Lynn Burdett, a pilot; and Collen Rose, a director
of one of the mines
belonging to Macmillan Junior; appeared before
magistrate Ms Judith
Tsamba.
The four, who are also charged for breaching the Customs and
Excise Act and
the Mines and Minerals Act were not asked to
plead.
They were remanded in police custody to today when the State is
expected to
respond to an application by the four challenging their placement
on remand.
The State is alleging that the four were part of a
well-organised crime
syndicate operating under the name of I, E & C that
illegally acquired gold
throughout the country and smuggled it to South
Africa for onward
exportation to the United Kingdom.
On dates unknown
to the State, it is alleged that between 2001 and October
this year, the four
connived to smuggle various amounts of gold to South
Africa.
To
facilitate the successful smuggling, it is further alleged, they created
fake
documents purporting that the gold was being exported from Zambia to
South
Africa when the gold was in fact from Zimbabwe.
Investigations
established that apart from the gold the four acquired from
their two mines,
they also obtained considerable quantities from unlicensed
dealers from the
Midlands, Mashonaland West and Central provinces, the
State
alleges.
Further investigations also revealed that when the four
started this illegal
operation, they used a Zambian registered company called
Trax Gold.
According to the State, documents recovered so far including
flight plans
and aircraft movement log sheets indicate that the four, after
obtaining the
gold from Zimbabwe, would then allegedly fly it to South Africa
via
Mozambique.
It was also established that the aircraft would not be
carrying anything
else except fuel for refilling.
The State alleges
that on all occasions, the four flew to South Africa via
Mozambique and their
aircraft was not searched since aircraft and vessels in
transit are not
searched in Mozambique.
Macmillan Senior and Burdett are alleged to have
made a total of 65 trips to
South Africa and on each trip delivered various
amounts of gold which would
be handed over to Protea Security.
Protea
Security would allegedly hand over the gold to Vault personnel at
the
Johannesburg Interna-tional Airport.
Vault would allegedly take
the Zimbabwean gold to Rand Refineries before
exporting it to the UK to
Hussar.
The State also alleges that the four have smuggled at least 7
498,74 kg of
gold worth US$68 million.
The court heard that although
there is evidence that the two mines owned by
Macmillan Junior were in
operation between October 16 2001 and October 8
2003, there was no evidence
to show they submitted monthly returns as
required by the law.
The
results should be forwarded to the Mining Commission every month.
In
addition, the State alleges, the four did not furnish the Mining
Commission
with details of their labour force as required during the period
in
question.
The Macmillans, Burdett and Rose through their lawyer Advocate
Eric
Matinenga challenged their placement on remand saying there was no basis
for
them to be placed on remand.
Adv Matinenga argued that there was
no reasonable suspicion that they had
committed the alleged
offence.
He said the State was seeking to place the accused on remand on
a basis that
could not possibly make sense.
"The answer is simple.
These persons are being made to pay a price, they are
being made sacrificial
lambs . . . these persons are being brought to divert
attention," Adv
Matinenga said.
Adv Matinenga said a report in The Herald had cited
various comments from
the Commissioner of Police Augustine Chihuri attacking
the judicial system.
He said the commissioner also attacked the Attorney
General and deemed
himself and his police force the only saints.
He
further said that the police were only looking for someone to
blame.
"Accused persons cannot be prejudiced because the police have
failed their
work," he said.
The State, represented by law officers Mr
Brian Vito and Mr Joseph Mabeza,
will respond to the submissions by the
defence today.
Adv Matinenga was assisted by Advocates Edith Mushore and
Metah Deepak
instructed by Mr Don Moyo; Mr Daniel Mhiribidi of Mhiribidi,
Ngarava and
Moyo; Mr Lawrence Chibwe of Stumbles and Rowe; and Mr Muyengwa
Motsi of
Motsi, Mabulala and Partners.
SOKWANELE
Enough
is Enough
Zimbabwe
PROMOTING NON-VIOLENT PRINCIPLES TO ACHIEVE
DEMOCRACY
We have a fundamental right
to freedom of expression!
Sokwanele reporter
17 December
2003
Zimbabwe's
apparent knee jerk decision to pull out of the Commonwealth
of Nations last week is proof that
President Robert Mugabe, is repeating the same political blunder that South
Africa committed when it voluntarily pulled out of the Club in 1961, a leading
lawyer said this week.
Movement for
Democratic Change (MDC) shadow minister for justice and constitutional affairs,
David Coltart, says Zimbabwe's decision to leave the Commonwealth
is isolationist and ill-thought. Coltart argues that the decision made on Monday
last week, will disadvantage Zimbabwe internationally contrary to
government claims that Zimbabwe has nothing to lose by leaving the
54-member Commonwealth.
In 1961, the
then South African prime minister and apartheid apologist, Hendrik Verwoerd, led
his country out of the Commonwealth after the club condemned his regime
apartheid policies. Coltart draws a parallel between Verwoerd's position then
and Mugabe's position 42 years later.
"There are several parallels not just because these are African leaders
but they are both leaders that have picked a fight with Britain and have used
the issue of race as the centrepiece of their political programmes and
have
both presided over tyrannical regimes," Coltart said.
Zimbabwe was suspended from the
Councils of the Commonwealth of Nations in
March 2002 after the international
community accused Mugabe of poll fraud in the Presidential elections. The
country's long catalogue of human rights abuses including the beating up and
killing of opposition opponents, the muzzling of the press and emasculation of
the judiciary have not endeared Mugabe nor his regime. From a celebrated statesman who at
independence preached reconciliation and nation-building to a iron-fisted tyrant
of equal standing to Malawi's Kamuzu Banda, Uganda's Idi Amin, Nigeria's Sani
Abacha, Mugabe has squandered all the international goodwill Zimbabwe
enjoyed.
Coltart said
like Verwoerd's apartheid regime, Mugabe has fashioned his own banana republic
and both men on recognising that their positions internationally have become
untenable resorted to isolationist approaches than democratic reforms. In arriving that the decision to quit the
Commonwealth, the government of Zimbabwe has played to the ruling
party whims. The ruling party has passed a resolution to terminate the
country's
membership to the Commonwealth. This was endorsed by Cabinet.
Currently, the ruling party caucus has further called for the expulsion of
British, Canadian, New Zealand and Australian envoys from
Zimbabwe. The opposition part, MDC has opposed plans to boot
foreign envoys from Zimbabwe. "I think the Mugabe regime has
constantly miscalculated when it comes to the opposition," said Coltart, adding
that "Zanu PF adopted a very cynical attitude to the elections both in 2000 and
in the presidential elections in 2002. Their calculation was that they could
manipulate the election victory and over period of time crush the opposition and
any international condemnation would wane and they could secure their admission
to the international community institutions such as the World Bank and the IMF
and for that matter the Commonwealth." A major miscalculation on the
government's part, argued Coltart, was the power of the opposition to
communicate to the outside world what was going on in Zimbabwe -
the killing of opposition members and the banning of the only independent daily
paper, The Daily News. "Over the years it was the Chogm meeting in Lusaka that
really moved the people to peace process culminating the Lancaster House talks,
" he said. "It was also the Commonwealth that played an important role in ending
apartheid and it was the Commonwealth that was to play this unique role in
bringing about reconciliation in our country and resolving the crisis we face as
a nation. So the withdrawal is a great loss for
Zimbabwe."
ends
Cato Institute
December 17, 2003Everybody Wants to Rule the
Web
by Adam Thierer and Wayne Crews
Adam Thierer is director of
telecommunications studies and Wayne Crews is
director of technology studies
at the Cato Institute in Washington, D.C.
They are the editors of "Who Rules
the Net? Internet Governance and
Jurisdiction" (Cato Institute,
2003)
There's mounting evidence that the Internet's good old days as a
global
cyber-zone of freedom -- where governments generally take a "hands
off"
approach -- may be numbered. In fact, last week, delegates from
192
countries met in Geneva to discuss how the Internet should be governed
and
what steps should be taken to solve the global "digital divide" and
"harness
the potential of information" on behalf of the world's poor. Also on
the
table at the session -- the United Nations World Summit on the
Information
Society -- was the question of domain name management and how
much
protection free speech and expression should receive on the
Net.
The real issue, however, is whether a "U.N. for the Internet" is on
the way.
Last week's summit and another in 2005 will discuss whether
Internet
decisionmaking should be shifted from largely private management to
the
United Nations.
In one sense, none of this is surprising.
Regulators across the globe have
long been clamoring for greater control over
content and commerce on the
Internet. Ironically, in the guise of protecting
the world's citizens,
Statists around the world want to get their hands on
one of the world's most
liberating communications technologies.
While
the U.N. conferees have "generously" agreed to retain language that
enshrines
free speech, despite the disapproval of countries such as China
and Iran,
these matters are far from settled. There've been a few notable
international
cyber-spats already, such as a French court's attempt to force
Yahoo! to
block the sale of offensive Nazi materials to French citizens, and
an
Australian court's ruling that the online version of Dow Jones
publication
Barron's could be subjected to that country's libel laws. And
Chinese
officials have attempted to censor the search engines Google,
AltaVista and
Yahoo!
Apart from speech and libel laws, sales taxes, privacy policies,
antitrust
statutes, intellectual property laws, and that fearsome "digital
divide" are
other hot button issues that will undoubtedly find their way onto
the U.N.
agenda. What gives foreign bureaucrats the right to wrap their
tentacles
around the World Wide Web? How can a Web site operator know how to
act or do
business in this confusing legal environment? And who really should
have
jurisdiction over Internet activities anyway?
We examine these
complicated questions in a new Cato Institute book, Who
Rules the Net? The
threat a patchwork of international laws poses for online
vendors and the
growth of e-commerce arises from the fact that compliance
with 190 different
legal codes would be confusing, costly, and technically
impossible for all
but the most well-heeled firms. A Web site operator's
only option would be to
conform its online speech or commercial activities
to the most restrictive
laws on the planet to ensure global compliance. If
you like the idea of
Zimbabwe's dictator du jour setting libel standards for
everyone on Earth,
this sort of lowest common denominator regulation is the
legal regime for
you.
If enough countries start playing these games, the threat of
retaliation and
potential trade wars increases as cross-border legal spats
intensify over
privacy, gambling, pornography, intellectual property, and tax
policy. All
these interventions provide footholds for poorer nations to
effect wealth
transfers from wealthier nations to address digital divides and
poverty
largely of their own making -- problems rooted in fundamentally inept
or
despotic governance rather than Internet governance.
The
implications for online commerce are profound. The moment one puts a Web
site
online, one has "gone global." Should that mean you have automatically
and
willingly subjected yourself to the laws of every country on the
planet?
Shouldn't the origin of content matter?
This is one reason
some favor the "U.N. for the Net" model. But others have
suggested that
international treaties or adjudication by the World Trade
Organization might
offer the better approach. Still others assert that the
best answer is to do
nothing because the current unregulated Web environment
has helped expand
free speech and commerce globally for companies, consumers
and citizens
alike.
We favor the latter. But to the extent pure laissez-faire is not
an option,
"country of origin" standards may provide the best default
solution. That
is, government should only exert authority over those actors
who physically
reside within the confines of their traditional geographic
borders. In this
sense, an origin-based jurisdictional methodology protects
sovereignty while
simultaneously giving meaning to the notion of "consent of
the governed" in
an online setting. Healthy jurisdictional regulatory and tax
competition via
origin-based rules would allow companies and consumers to
have a "release
valve" or escape mechanism to avoid oppressive jurisdictions
that seek to
stifle online commerce or expression.
Software-enabled
geographic targeting may increasingly play a role, too.
Particularly as U.N.
power-grabbing grows more extensive, businesses may
choose to avoid
interaction by using geo-location technologies to
selectively target their
services instead of making materials available to
the entire planet. Such
targeting may be the better approach from a
marketing perspective anyway. But
to have it forced by U.N. shenanigans
would be unfortunate.
The great
advantage of the Net is precisely the ability to reach as many
people as
possible and overcome artificial restrictions on trade or
communications at
traditional geographic boundaries. The Web, whatever
problems it has raised,
has provided far more opportunity and freedom to
mankind. The U.N. appears
eager to assume greater control over the Net, not
because of it's failures,
but because it undermines members' authority. That
sounds like the best
reason ever to make sure a U.N. for the Internet never
becomes a reality.