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- may peace, truth and justice prevail.

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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


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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







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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.

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All letters published on the open Letter Forum are the views and opinions
of the submitters, and do not represent the official viewpoint of Justice
for Agriculture

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School fees to soar in Zimbabwe

By 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."

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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.

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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
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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.
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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.
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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.
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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.
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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.
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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

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Cato Institute

December 17, 2003

Everybody 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.

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