http://www.swradioafrica.com
By
Tichaona Sibanda
20 December 2012
Energy and Power Development
Minister Elton Mangoma was sidelined from the
US$2 billion coal and methane
gas project that was commissioned on
Wednesday.
The project, which
falls under his ministry’s jurisdiction, was commissioned
by Emmerson
Mnangagwa, the defence minister.
Mangoma told SW Radio Africa on Thursday
that everything to do with the gas
project was done behind his back. The
minister was even excluded from the
ground breaking ceremony in
Gwayi.
‘I wasn’t even invited to the ceremony and I don’t even know that
the
Zimbabwe Defence Forces are involved in the project,’ Mangoma
said.
The deal is a joint project between Sunlight Energy of China and
Old Stones
Investment, an arm of the Zimbabwe Defence Forces. ZDF commander
General
Constantine Chiwenga was present at the commissioning.
‘I
have been getting phone calls from people asking why I wasn’t at the
ceremony. The honest truth is I was never invited and the whole thing was
done behind my back,’ the minister added.
Operations at the project
are set to start next year and according to the
state media will create
4,000 jobs. Two power stations will be built and
powered by coal mined in
the area.
Reports say the investment will also create a chemical company
which will
utilize the methane gas to manufacture fertilizer and coal tar
for road
construction.
However it is the military’s involvement and
the lack of transparency that
is raising eyebrows. Economic analyst
Bekithemba Mhlanga said concern will
be raised over the secretiveness of the
deal that is meant to benefit the
country.
‘We know of the plunder in
Marange and the question to be asked is will the
gas project be transparent
to the extent that the public would be informed
of the exact resources
generated from the operations,’ queried Mhlanga.
According to a recent
report $2 Billion worth of gems have so far been
stolen from the Marange
diamonds fields by President Robert Mugabe’s ruling
elite.
Partnership Africa Canada, a group campaigning against ‘blood
diamonds’,
claims revenue that could have revived the country’s ailing
economy has been
channelled into a ‘parallel government’ of police and
military officers and
government officials loyal to Mugabe,
The
Marange fields were discovered in 2006 and are one of the world’s
biggest
diamond deposits. But funds from diamond sales have not reached the
state
treasury and there is evidence that millions have gone to Mugabe’s
inner
circle.
http://www.afriquejet.com/
Zimbabwean troop into North Kivu - Zimbabwean troops,
some of them on
military tanks, have been advancing progressively into
several places in
North Kivu province, in the eastern part of the Democratic
Republic of Congo
(DRC), marking the escalation of tension near the border
with Rwanda, PANA
reported, quoting journalists reporting from that part of
Congo.
They said that the movement had affected the recent calm in the
area.
Zimbabwean infantry units were reported present in Goma and
Bukavu's suburbs
(North and South Kivu), according to Rwanda's newspaper
online 'igihe.com'.
They said the M23 rebel fighters in North Kivu were
readying their weapons
to repulse any offensive likely to be launched by a
joint Congo regular
forces-Zimbabwean troops.
The Zimbabwean movement
has come as a surprise since Robert Mugabe's
government had previously shown
reluctance to deploy its troops to DRC to
help drive out M23 rebels from
some strategic cities under its control.
Zimbabwe, Angola and Namibia
mobilized troops in 1998 to help DRC, under
Laurent Desire Kabila, beat back
armed rebel groups about to overrun
Kinshasa, the DRC capital.
Pana
20/12/2012
http://www.globaltimes.cn
Xinhua | 2012-12-20
10:16:15
By Agencies
A fresh outbreak of typhoid has hit Harare,
Zimbabwe's capital city, since
October this year, with at least 800 cases of
typhoid have so far been
recorded.
The disease that is being blamed
on contaminated boreholes has spread to the
dormitory town of Chitungwiza
since October, according to reports by New
Ziana on
Wednesday.
Speaking during a full council meeting, Town Clerk Dr Tendai
Mahachi said
the cases in districts like Glenview, Dzivarasekwa and Budiriro
were as a
result of contaminated boreholes.
Mahachi said that of the
235 boreholes sunk in the city since 2008, 19 were
polluted and we did
superchlorification but three remained contaminated.
He said efforts were
underway to stabilize the situation. "We have partnered
with a company which
is assisting in buying inline chlorinators and we are
going to put them on
all boreholes to make the water safe," he said.
The government has
reactivated a taskforce to deal with the outbreak of
typhoid and cholera
amid fears it could reach the 2008 proportions.
Zimbabwe has over the
past four years suffered from outbreaks of waterborne
diseases with
stakeholders admitting it was a result of the lack of safe
water and proper
waste management.
(AFP) – 4 hours ago
HARARE
— Zimbabwe signed a $400 million deal with China's state-owned
SinoHydro on
Thursday to increase electricity production and ease daily
blackouts.
The
deal will mean a 400 megawatt upgrade for the Kariba Hydro power station
on
the Zambezi river, meeting an extra 18 percent of peak demand.
"We know that
this project is badly needed to meet the requirement of the
life of the
people," said Yuzhi Wang, a SinoHydro official.
Zimbabwe production shortfall
leaves residents without power for as many as
12 hours a day.
The country
needs around 2,200 megawatts at peak consumption, but generates
just under
1,300 megawatts thanks to increased demand, ageing equipment and
a lack of
investment.
"Zimbabwe and indeed the whole southern African region faces a
critical
power shortage and will continue to do so in the next few years,"
said
Victor Gapare, chairman of the state-backed Zimbabwe Power
Company.
Plans are also underway to revamp the Hwange thermal power station
in the
west of the country
http://www.financialgazette.co.zw
Wednesday, 19 December 2012 19:18
ZANU-PF has acknowledged that
the takeover of farms covered by the Bilateral
Investment Promotion and
Protection Agreements (BIPPAs) during the chaotic
land reform programme over
the past decade plunged the country into debt,
which it will be forced to
pay up despite claims by the party that
compensation for farms taken was out
of the question.
A Central Committee report to the ZANU-PF 13th people’s
conference held two
weeks ago revealed that the farms covered under the
BIPPAs remain a headache
to the government after Dutch farmers approached
the International Centre
for Settlement of Investment Disputes (ICSID) and
won a claim of 16 million
Euros.
Although the report does not say how
many BIPPA farms were acquired, ZANU-PF
acknowledges this debt along with
another yet to be finalised claim by a
German family, of US$600
million.
“The Dutch farmers who took the country to the ICSID and won have
not been
paid. In addition, a German family, the Von Pezolds’ have also
taken us to
the ICSID for their farms (Forrester Estates and Border Timbers
properties),
which we acquired and partly resettled,” says the
report.
Some of the farms since acquired by government covered by BIPPAs are
of
nationalities from Denmark, Germany, Italy, Malaysia, Netherlands and
Switzerland.
The BIPPAs require that government pay fair compensation in
currency of
former owners’ choice for both land and improvements for farms
acquired.
According to the ZANU-PF report, the Dutch farmers who won at the
ICSID
still remain unpaid.
The report states that the Attorney General’s
Office is preparing the
country’s defence outline with regards to the Von
Pezolds’ claim of US$600
million.
According to the Bretton Woods project,
the ICSID, which is part of the
World Bank Group, is an arbitration forum
between governments and foreign
investors to settle investment
disputes.
Investment and free-trade treaties offer compensation to foreign
investors
if the government from the 'host' country 'expropriates' the
investment or
disrupts it. Most treaties contain an investor-state dispute
resolution
mechanism.
Using this mechanism, companies can by-pass
domestic courts and go directly
to international arbitration when they
believe their contracted rights have
been violated.
The website www.brettonwoodsproject.org states
that ICSID is known as a
secretive court as no arbitration has permitted
public attendance.
“Reports of the tribunals need not be published if a
disputing party
objects. ICSID, operating as an ad hoc arbitration panel and
not a court
with permanent judges, lacks a formal appeals process. Instead
there is a
review committee, which lacks the power to overturn judgments
made by the
original panel,” says the website.
The Bretton Woods project
says 70 percent of ICSID cases have favoured the
investor with the legal
fees and arbitration costs borne by the losing
party.
Meanwhile, the
ZANU-PF Central Committee report states that there are 210
former white
farmers under prosecution for failure to vacate gazetted land
as required by
the Gazetted Land (Consequential Provisions) Act Chapter
20:28 of 2006, the
majority of who had been given time to wind up their
operations.
“Some of
these whites are citing support from party members for refusing to
vacate
their former farms,” says the report. — Staff Reporter
http://www.newzimbabwe.com/
19/12/2012 00:00:00
by
Staff Reporter
PROSPECTS of a new constitution under the
current unity establishment dimmed
even further on Thursday with Zanu PF
announcing a bloated list of 30 issues
it says are stalling
progress.
The startling revelations emerged even as some officials in
both MDC
formations have been saying only a few unresolved matters
remain.
An inter-party ministerial panel formed last month to deal with
the enduring
disagreements on the charter failed to meet for the third time
on Wednesday.
Zanu PF Copac co-chair Paul Mangwana said among the
outstanding issues were
devolution, dual citizenship, executive powers, Land
Commission, reform of
the security sector and the judiciary.
“There
are 30 sticky issues, not two as touted by other people,” Mangwana
told the
Herald.
He accused the MDC-T of not committing itself to finalisation of
the
long-delayed constitution.
Parliamentary Affairs Minister Eric
Matinenga would not say how many issues
of contestation remain, but some in
his party have been claiming about six.
Mangwana vowed that his party
will not compromise on issues that it claims
were rejected by delegates at
the last stakeholders conference, including
dual
citizenship.
“Delegates at the Second All Stakeholders’ Conference were
clear that they
want what is in the current Citizenship Act where there is
no dual
citizenship, but the MDC-T does not want that,” he told state
media.
Some of the contested issues as claimed by Mangwana
include:
# Executive powers - No agreement on whether the executive
authority should
be vested in the President only or in the President and
Cabinet.
# No agreement on whether or not the President should seek
approval of
parliament when declaring war.
# Zanu PF wants the
President empowered to declare war before informing
parliament.
#
Security sector - MDC-T does not want a General to be transferred from one
defense arm to another.
# No agreement on whether the constitution
should provide for appointment of
the minister responsible for
police.
# Judiciary – Disagreement on whether there should be a separate
Constitutional Court or the Supreme Court should transfer itself into a
Constitutional Court when there are constitutional issues arising.
#
Differences on whether or not the Clerk of Parliament should preside over
the election of House Speaker or Senate president.”
# Land Commission
– Zanu PF wants land commission scrapped, but MDC
formations favour
it.
# Attorney-General – Disagreement on fate of Attorney-General’s
office and
introduction of a National Prosecuting Authority to assumes
prosecutorial
functions, currently a mandate of the AG.
# Devolution
– Zanu PF wants it removed saying it may encourage secession
movements.
# Appointment of governors – Disagreement on whether or
not governors should
be indirectly elected or appointed by the
President.
# Disagreement on whether the Constitution should provide for
the
appointment of a civil service minister.
# Whether or not there
should be term limits for Clerk of Parliament, chief
executive officers or
heads of statutory bodies.
# Whether or not judges must be guided by the
ideals of the liberation
struggle in their interpretation of the
law.
# Running mates for presidential candidates.
The endless list
of argumentative issues emerged as the MDC-T’s National
Council vowed after
a Wednesday meeting that it will not cave to Zanu PF’s
demands.
“The
party reaffirmed its endorsement of the Copac draft describing it as “a
panacea to the socio-economic and political crisis confronting Zimbabwe,” a
party resolution said.
It also said that elections should be held
only the "implementation of the
agreed road man, when all requisite reforms
necessary to create a legitimate
credible and sustainable election have been
attended to."
A recent Zanu PF conference resolved that if there is still
no common ground
on the new charter by Christmas, President Robert Mugabe
should dissolve
parliament and call new elections without reforms.
http://www.dailynews.co.zw
By Fungai Kwaramba, Staff Writer
Thursday, 20 December
2012 12:54
HARARE - The MDC says it has resisted Zanu PF demands to amend
the draft
constitution and is hoping that today’s meeting between its leader
Prime
Minister Morgan Tsvangirai and security sector commanders will help
end
militarisation of civilian life.
Tendai Biti, the MDC secretary
general, said his party will not allow Zanu
PF to railroad amendments that
have a bearing on the free conduct of
elections next year.
Zanu PF
has made 24 amendments to the Copac-written draft constitution but
Biti
yesterday said only piecemeal concessions have been given to Zanu PF,
while
major issues such as the issue of a running mate, the whittling of
presidential powers, devolution and the establishment of a prosecuting
authority have not been altered.
While Mugabe says Principals —
Tsvangirai and Industry and Commerce minister
Welshman Ncube and himself,
have the final say on the contents of the final
draft, Biti said the people
of Zimbabwe are the prime principals.
“We remain committed to the Copac
(the parliamentary body charged with
writing a new constitution) draft. This
final draft should be taken to the
people of Zimbabwe who are the true
principals."
“We have resolved to resist attempts by Zanu PF to revise
the draft
constitution. Any changes that have been made to the draft have
been very
few and insignificant, because we agreed before the Second
All-Stakeholders’
Conference that where there is agreement there will be no
changes,” said
Biti after a national council meeting yesterday.
Faced
with an unyielding MDC, Mugabe has in the past threatened to declare
elections with or without a new constitution.
But Biti yesterday said
Tsvangirai as a Principal will have a say on the
date for the much-awaited
election as the “date for the next election will
be
process-driven”.
Among other reforms that the MDC insists should be met
before polls are held
are security sector realignment, media reform and a
brand new voter
registration exercise.
The MDC’s last national
council meeting this year also resolved to adopt a
code of conduct for the
beckoning watershed election and a referendum.
“...urges the endorsement
of the Code of Conduct for Political Parties by
the Facilitator to the
Zimbabwe dialogue, Sadc and the African Union as
guarantors to the Zimbabwe
dialogue,” read one of the party’s resolutions.
Today, Tsvangirai will
come face to face with security chiefs some of whom
have vowed not to salute
him even if he is elected by the majority.
Biti said the National
Security Council meeting which includes service
chiefs, security ministers
and Mugabe at State House will discuss the
continued incarceration of five
MDC activists who are still languishing in
remand prison.
“Our
comrades who are still incarcerated should not be in prison at all. We
are
concerned that our members are still incarcerated, they deserve to be
free.
We are going to raise this point at the National Security Council
meeting
tomorrow (today).”
Biti said the meeting will also discuss the resurgence
of violence in
different parts of the country after the national council
noted the
re-establishment of torture bases and a renewed onslaught on
civilians
allegedly by Zanu PF activists.
http://www.swradioafrica.com
By Tererai
Karimakwenda
20 December, 2012
Bulawayo South MP Eddie Cross, who is
the MDC-T director for policy
research, has dismissed a report in the state
run Herald newspaper Thursday
suggesting that Robert Mugabe would call for
elections under the current
Constitution if the reform exercise was not
completed by Christmas.
The report said the Cabinet committee set up by
the government principals to
break the current deadlock has made no progress
so far, apparently because
they are failing to meet to discuss the 30
unresolved issues that ZANU PF
wants to be changed in the new draft
charter.
According to the Herald, the delay is now threatening an
election without a
new constitution and election dates determined
unilaterally by Robert
Mugabe.
The paper quoted Munyaradzi Mangwana,
the COPAC co-chairperson from ZANU PF,
who blamed the lack of progress on
the MDC-T, saying their representatives
had failed to turn up for meetings
on three occasions this week.
The Constitutional Affairs Minister Eric
Matinenga, who also chairs the
committee, said they had failed to raise a
quorum each time because “either
representatives from one of the political
parties would be absent”. He said
they would probably meet next
Monday.
But Eddie Cross, the MDC-T director for policy research, sent a
more
positive signal on Thursday. He dismissed the Herald story, saying
there is
no chance Zimbabwe will hold elections without a new
constitution.
Speaking on our Crisis Analysis programme, Cross said: “I
saw Minister
Tendai Biti and Justice Minister Patrick Chinamasa this morning
and they are
both of the mind that these differences were relatively minor
now and they
were going to be dealt with,” Cross explained.
He added:
“Our position in the MDC is the one that will prevail. And our
position from
the start has been that we are not prepared under any
circumstances to
accept further changes to the draft constitution, which
have not been
adopted by the COPAC process.”
Cross stressed that Prime Minister Morgan
Tsvangirai has been extremely busy
meeting with officials from key
institutions, to ensure that all the reforms
that need to be in place to
hold a credible, free and fair election will be
implemented.
He said
SADC was tired of the crisis dragging on and were fully behind the
GPA
process agreed to by the political parties.
However, some independent
observers have said there is no sense of urgency
to resolve Zimbabwe’s
political crisis.
The facilitation team representing President Jacob Zuma
met with the
political parties in Harare last month and returned to inform
him of the
persistent differences. There has been no word from Zuma, the
SADC appointed
chief negotiator, since then.
In addition, a SADC
Troika team appointed to assist the Joint Monitoring and
Implementation
Committee (JOMIC), never got to do their job. The team was
reduced from
three members to two, then left the country without meeting
with JOMIC,
because they were said to be too busy working on the
constitution.
http://www.financialgazette.co.zw
Wednesday, 19 December 2012
19:11
Njabulo Ncube, Assistant Editor
PRESIDENT Robert Mugabe has the
constitutional right to dissolve the present
Parliament at least by midnight
on June 28, 2013 and then call for elections
within four months under the
current Constitution, experts said this week.
The incumbent was sworn in on
June 28, 2008 following a controversial
one-man presidential election
run-off after Prime Minister (PM) Morgan
Tsvangirai boycotted the race
citing alleged State-sponsored violence his
formation of the Movement for
Democratic Change (MDC) claim killed about 200
of his supporters.
With
the Southern African Development Community (SADC), the African Union
(AU)
and the international community describing President Mugabe’s
controversial
re-election as a sham victory, the ZANU-PF leader was forced
into a
power-sharing truce with the PM and Deputy Prime Minister (DPM)
Arthur
Mutambara.
But President Mugabe has been insisting on holding fresh elections
in March
with or without a new constitution although his partners in the
coalition
government are adamant that the Global Political Agreement he
signed with PM
Tsvangirai and DPM Mutambara prevents him from unilaterally
pronouncing
elections without the adoption of a new constitution.
They
want the veteran ZANU-PF politicians to roll-out constitutional and
electoral reforms before the next harmonised polls.
There is pressure for
President Mugabe to at least call for fresh polls
after June 28, 2013, to
coincide with the expiry of his current presidential
term and that of the
present Parliament, something understood to be flatly
resisted by hawks in
ZANU-PF.
His partners in the coalition say a new constitution was one of the
pre-requisite reforms for staging of fresh polls.
Constitutional experts
canvassed by The Financial Gazette this week said
there was no legal
requirement for a new constitution before the staging of
fresh polls, hence
the ZANU-PF resolution at its conference in Gweru to
forge ahead with the
polls in March.
The constitutional experts told The Financial Gazette
President Mugabe would
be within his constitutional mandate to call for
polls after the dissolution
of the current Parliament at least by June 28,
2013 which is the expiry of
his current presidential term.
They also
postulated that President Mugabe would have at least four months
to call for
a fresh poll between June 28, 2013 and September 2013.
Lovemore Madhuku, a
constitutional law expert and chairman of the National
Constitutional
Assembly, said there was no legal requirement for a new
constitution before
the next elections adding that the current government
would by that time be
“retired” by what is called “operation of law”.
He said the term of office of
the government is five years and at the end of
each term a government could
only remain in office for purposes of enabling
the holding of
elections.
“There is a window period of four months for this latter purpose.
The latest
date for a valid election is October 28, 2013. At the end of five
years,
Parliament is not dissolved by the President: it is dissolved by
operation
of law. Section 63(4) uses the words ‘stand dissolved’. In other
words, at
midnight on June 28, 2013, Parliament shall ‘stand dissolved’ by
the mere
fact of the expiration of five years. At strict law, there is no
legal
requirement for a presidential proclamation to dissolve Parliament at
the
end of five years,” said Madhuku.
He added that the President’s term
of office will also come to an end on
that day.
“However, the
Constitution allows the President to remain in office until
the election of
a new President. The issue is: when should new elections be
held after June
28, 2013? The answer is very clear in section 58 of the
Constitution.
Elections must take place not later than four months from June
28, 2013.
This is why October 28, 2013 is the last day for a valid election
under the
current constitution,” said Madhuku.
Greg Linnington, a constitutional law
expert at the University of Zimbabwe,
said President Mugabe would be within
his constitutional right under the
Lancaster House Consti-tution to dissolve
Parliament by June 2013 and call
for fresh polls thereafter.
“But there
has to be a presidential election as well thereafter,” said
Linnington.
Qhubani Moyo, the director of policy implementation in
Welshman Ncube’s
formation of the MDC, concurred with the constitutional
experts that
President Mugabe has up to four months from the dissolution of
the current
Parliament to call for fresh elections.
“The life of
Parliament starts from the day the President is sworn-in and
expires five
years from that date. In this case, President Mugabe, after a
controversial
presidential election, was sworn-in on 28 June 2008, meaning
the life of the
current Parliament is counted from that date,” said Moyo.
“In the midnight of
28 June 2013, the life of the current Parliament
automatically comes to an
end. Elections should be held anytime within four
months from that date,
which means between 30 June and 30 September, 2013,”
said Moyo.
DPM
Mutambara, speaking to a Washington-based radio station early this week,
alluded to the fact that the current Parliament would expire in June next
year.
“If we don’t make progress by June 28, 2013, we will be forced to
go into an
election without a new constitution. SADC can encourage us to
work together
but the AU and SADC cannot force us to violate the
Constitution.
“There is no way that SADC and the AU can extend the Zimbabwean
government
and the Zimbabwean Parliament beyond June 28, 2013,” said
Mutambara.
He added that he would prefer constitutional and electoral reforms
to be in
place before the next elections, adding that “if we don’t do that
we are
going towards acrimony and I don’t desire to have elections on the
Lancaster
House Constitution.”
But critics see ZANU-PF pushing for a
March election in the belief that PM
Tsvangirai has been rendered vulnerable
by the perceived implosion in his
party coupled with sex scandals they
believe the MDC-T leader might not
fully recover from.
There is also
agreement in ZANU-PF that the party’s indigenisation mantra
has endeared it
to the electorate said to be miffed by corruption in MDC-T
dominated local
authorities.
Two independent opinion polls, which suggested that President
Mugabe has
eclipsed PM Tsvangirai in the popularity stakes are also
understood to have
buoyed ZANU-PF, hence the rush for early polls next
March.
http://www.bdlive.co.za/
BY KHULEKANI MAGUBANE, 20
DECEMBER 2012, 12:18
CIVIL society group Crisis in Zimbabwe Coalition
said on Wednesday that the
participation of the Southern African Development
Community (Sadc) and
international observers was important to ensure
elections taking place in
2013 are free and fair.
The coalition held
a briefing in Johannesburg on Wednesday and called for
Sadc to ensure the
transparency of the elections, and for activism to
continue among civil
society groups in the region and internationally.
However, Zimbabwean
political analyst Ibbo Mandaza said last week that
elections would most
likely take place in 2015 because the country’s laws
were not fully aligned
with the new constitution.
Deputy Prime Minister Arthur Mutambara said on
Tuesday that the elections
would go ahead in 2013 regardless of whether the
new constitution is adopted
and that the current constitution would
determine when elections are held.
Crisis in Zimbabwe Coalition director
McDonald Lewanika said it was in the
region’s best interests to ensure the
elections were free and fair, for the
sake of stability in the
region.
"We already have trouble spots in the region and it is not in
Sadc’s
interests to add one more through a disputed election in Zimbabwe,"
Mr
Lewanika said.
Thabani Nyoni, a spokesman for the coalition, said
Sadc, and especially
South Africa, had a critical role in ensuring the
"democratisation of
Zimbabwe".
"South Africa has been mandated by the
Sadc community of nations to ensure
that it mediates Zimbabwe into credible,
free and fair elections. Their role
continues to be expected in terms of
ensuring the full implementation of the
Global Political Agreement reforms,"
Mr Nyoni said.
Combined Harare Residents’ Association CEO Mfundo Mlilo
said he did not
expect Zimbabweans living and working in other continents to
return to
Zimbabwe to vote but partners were trying to motivate those in
neighbouring
countries to return and cast their ballots.
http://www.thezimbabwemail.com
http://www.swradioafrica.com
By Alex Bell
20 December
2012
A human rights lawyer in Harare has slammed what he called a
deliberate
‘crackdown’ on the Zimbabwe Human Rights Association (ZimRights),
which has
been targeted by the state with arrests and
intimidation.
The ZimRights offices in Harare and Bulawayo have both been
raided by police
in the past week, with one official from the capital being
arrested last
Wednesday. ZimRights programs manager Leo Chamahwinya has
remained in
detention at Harare remand prison since last week, after being
charged with
‘conspiracy to commit fraud’.
He was originally arrested
on allegations that he was involved in ‘illegal
voter registration’. His
lawyer, Trust Maanda, told SW Radio Africa on
Thursday that Chamahwinya’s
case now also involves three other individuals
that the state has dragged in
to implicate him.
“We don’t actually know who they are. They don’t work
for ZimRights. They
were arrested two days before Leo and the state is
alleging that they
implicated Leo. But they don’t even know him,” Maanda
said.
The other three individuals are Dorcas Shereni, Tanaka Chinaka and
Farai
Bhani who are all being accused of forgery, fraud and publishing
‘false
statements’. The state has alleged that the group forged voter
registration
certificates “to tarnish the name of the Registrar
General.”
“But this is clearly a way of targeting NGOs ahead of
elections. There is a
general crackdown on NGOs and this is a deliberate
target on ZimRights,”
Maanda explained.
One of the three individuals
arrested before Chamahwinya has told lawyers
that he was beaten by ‘violent
youths’ who ransacked his home early last
week. Maanda said that these
youths then dragged his client to the police,
who then accused him of
holding the forged documents.
All four of the accused deny the charges
against them but still remain in
detention. Maanda explained that a bail
application was made this week, but
the judge has reserved making a decision
until Friday.
http://www.herald.co.zw
Thursday,
20 December 2012 00:00
Daniel Nemukuyu Senior Court Reporter
Masvingo
Municipality workers yesterday got a High Court green light to
auction
council property they attached to settle US$3,5 million salary
arrears. This
was after the municipality’s urgent chamber
application to block the
auction was thrown out by the High Court.
Justice Andrew Mutema ruled that
the mere fact that council pleaded hardship
and fears for collapse of
service delivery did not constitute the urgency
contemplated by the High
Court rules in applications of that nature.
The court found that council
could have acted as soon as the arbitration
award was registered in October
this year and not to wait until attachment.
“The need to act, having
arisen on October 9 2012, what did the applicant
(council) do? Did it act?
It did nothing save to sit back and bay-watch to
await the imminent arrival
of the day of reckoning, that is, seizure and
removal of property as if it
did not know that the process was inevitable
following the registration of
the award.
“One cannot be faulted in concluding that even the service of
the notice of
attachment and seizure failed to jolt the applicant into
acting to protect
its property. It remained inert as if perhaps relishing in
a utopian dream.
The applicant is simply pleading hardship or mercy but
these cannot ground
the urgency contemplated by the rules of the
court.
“Hardship is what the applicant ought to have foreseen and guarded
against
when the need to act arose,” ruled Justice Mutema.
The court,
Justice Mutema said, could not bend the rules on the grounds of
seeming
hardship in a situation where a legally represented litigant
remained
“sluggard” for close to two months without sound explanation.
The workers
attached the movable property, including fire tenders,
ambulances and
computer servers, on December 5 in fulfilment of a Labour
Court
award.
The Labour Court ordered council to pay its workers salary arrears
to the
tune of US$3,6 million. The award was registered at the High Court,
prompting the deputy sheriff to execute the order.
Council, through its
lawyers Chihambakwe, Makonese and Ncube argued that it
had filed an
application to rescind the judgment and that execution should
be stayed
pending determination of the application.
Council also argued that its
operations would collapse if the property were
sold. It also challenges the
quantification of the arrears.
But the Zimbabwe Urban Council Workers
Union secretary-general Mr Moses
Mahlangu deposed an affidavit challenging
the authenticity of the
application for rescission of
judgment.
“Until today, first respondent’s (Zimbabwe Urban Council
Workers’ Union)
legal practitioners of record had never been served with the
alleged
rescission application.
“Until today, the first respondent
has not served the rescission application
to first respondent or the workers
committee,” he said.
The net conclusion to the case, according to the
workers, was that the
rescission application could be an afterthought by
council. Quantification,
the workers say, was done by consent and the award
in question was never
contested.
Meanwhile, the Masvingo United
Residents and Ratepayers Association
yesterday accused the city councillors
of gross incompetence it says led to
the attachment of council’s movable
assets.
http://www.thezimbabwean.co.uk/
19.12.12
by Edgar
Gweshe
Harare- Finance Minister, Tendai Biti has described as
unacceptable,
sentiments by Zanu (PF) that Zimbabwe will not accept money
from Western
nations to bankroll the referendum on the new constitution and
elections set
for next year.
Last month, Zanu (PF) national
spokesperson, Rugare Gumbo, told The
Zimbabwean that Zimbabwe would not
accept cash to run elections from Western
countries as they had imposed
sanctions on the country.
He accused Western nations of harbouring
sinister motives to topple
President Robert Mugabe and Zanu
(PF).
However, Biti, who was addressing journalists at the MDC-T’s
headquarters on
Wednesday, said Western countries had been instrumental in
funding critical
sectors in Zimbabwe, adding that elections should not be an
exception.
“It’s not acceptable that you want people’s money for other
things and when
it comes to elections, you want to say no,” said
Biti.
“These (Western countries) have been helping us in most areas that
include
health and education, just to mention a few. So there is nothing new
when it
comes to the referendum and the elections,” added Biti.
The
constitution making process has received financial aid from the United
Nations, through UNDP.
In contrast to Zanu (PF’s) claims that Western
observers will not be invited
to Zimbabwe in the next election, Biti said:
“We need election observers and
monitors from any part of the world, from
China to America, to be stationed
here six months before the
election.”
Biti expressed concern over the surge in cases of political
victimization of
MDC-T supporters ahead of the elections.
“We are
concerned with the continued politicization of food aid in the
country as
well as the violence being perpetrated against our supporters by
Zanu (PF)
militia,” said Biti.
Biti commended peace calls by principals in the
Government of National Unity
ahead of elections but said there was need for
action to stop political
violence.
http://nehandaradio.com
on December 20, 2012 at 11:16
am
By Lance Guma
President Robert Mugabe’s Zanu PF
party is being accused of deliberately
engineering delays to have the burial
of legendary striker Adam Ndlovu on
Unity Day (December 22) this Saturday
for political purposes.
The famous Ndlovu brothers Adam, Madinda and
Peter
According to family sources Adam Ndlovu should have been buried on
Thursday
but Zanu PF was keen to exploit his death and resurrect the Unity
Day
holiday which has meant nothing to a region plagued by
under-development.
Zanu PF on Wednesday turned down a request to confer
hero status on Adam
Ndlovu with Secretary for Administration Didymus Mutasa
launching an attack
against the party’s Bulawayo province for asking for the
recognition.
Mutasa claims that hero status was not for sportspersons,
but people who
participated in the liberation struggle. This after politburo
member
Sikhanyiso Ndlovu said the Matabeleland province had requested hero
status.
But we now know the whole charade and pretence of deliberating on
the matter
was designed to make the Ndlovu family delay the burial and allow
the party
to capitalise on the burial of a legend from Matabeleland on Unity
Day.
Nomqhele Tshili the woman who also died in the same accident that
killed
Adam Ndlovu was due to be laid to rest in Esiphezini her rural home
about
20km from Bulawayo today in the morning at 9 am. The Highlanders
community
we are told assisted in her funeral.
The state media
reported that the First Family had donated ‘food assistance
and other
amenities’ while super rich Mines Minister Obert Mpofu said he
taken over
the payment of medical expenses for Peter Ndlovu and funeral
expenses for
his brother Adam.
This is despite a funeral policy set up by Highlanders
Legends being
adequate to cover Adam’s burial. Chicken Inn whose team Adam
coached to
third place in the past season are also providing daily food
deliveries to
the mourners.
While there is nothing wrong in the offer
of help, several Ndlovu family
members who spoke to us said they felt
betrayed by Zanu PF for toying with
the family on the hero status and they
feel their donations are not sincere.
“People in Bulawayo do not even
care about all this pretence from Zanu PF
that they care about us. We know
they just want to get political mileage. We
should have buried Adam on
Thursday and they were stringing us along for no
reason.”
“Adam died
on Sunday and we are burying him 6 days later, why? Just because
some people
wanted to promote a holiday that people in this region have
never taken to
heart because it was all superficial from the start,” our
source
said.
According to state radio and TV President Mugabe has declared
Monday a
public holiday. It was not clear whether this was because Unity day
this
year is falling on a Saturday.
Unity Day celebrates the signing
of a political accord that joined Zanu PF
and PF Zapu in December 1987 thus
ending the Gukurahundi era when an
estimated 20 000 innocent civilians in
the Midlands and Matabeleland
provinces were killed for their perceived
support of dissidents loyal to
Zapu.
Meanwhile the Secretary for
Political Affairs in Prime Minister Morgan
Tsvangirai’s Office Alex Magaisa
has said: “Adam and Peter are icons of
Zimbabwean football and popular
culture, and their names have permanent
places in the biography of this
country.
“I have no doubt in my mind that if there were a fair and
impartial system
of selecting national icons and heroes, Adam Ndlovu’s place
on that list,
alongside Safirio Mukadota Madzikatire and other sporting and
cultural
legends, would be uncontested,” he said.
Deputy Justice
minister Obert Gutu said “In a normal functioning country
that respects
patriotism, honour and integrity, patriots like Adam ought to
be duly
recognised,” he said on Facebook. Adam represented Zimbabwe with
distinction
as a footballer and oh yes, . . . he deserves national
recognition.”
Zifa Bulawayo provincial treasurer Siphambaniso Dube
said “Truly Adam Ndlovu
is a national hero if politics is not the only
sphere of influence for one
to be declared a national hero, like was done
for Jairos Jiri,” he said.
http://www.swradioafrica.com/
By
Alex Bell
20 December 2012
A group of Zimbabwean parents living in
South Africa could now face
potential criminal charges, after arranging to
be reunited with their
children across the border.
The 17 children,
aged between two and 17 years old, do not have legal travel
documents so
their parents had arranged an illegal crossing to try and get
them into
South Africa.
The crossing was set to be undertaken by a 33 year old
Bulawayo man called
Never Chuma. But he was caught in South Africa with the
17 undocumented
children, and has since been sentenced to eight months in
prison.
Police spokesperson Superintendent Andrew Phiri is quoted by the
state media
as saying that the parents of the children face arrest and are
likely to be
charged under the Children’s Protection Act. It is not yet
clear what will
happen to the 17 children, who have no other way to be
reunited with their
parents.
Diana Zimbudzana from the Zimbabwe
Exiles Forum in South Africa told SW
Radio Africa on Thursday that this
situation was “sad, particularly for the
children who are left vulnerable.”
She explained that many people “are
forced into making illegal agreements
because they just don’t have any other
choice.”
Millions of
Zimbabweans have fled the country, seeking to earn a living and
escape the
political and economic turmoil back home. Most fled without any
form of
documentation to prove their nationality or that of their
children.
“People are now stateless and going through a process of
proving themselves
to be Zimbabwean. But getting documentation or getting
passports is beyond
the reach of many living in South Africa, either because
of the high cost or
other challenges,” Zimbudzana explained.
She said
that passport applications for Zimbabweans in South Africa cost at
least
R700 each. But with the average Zim national earning only R150 – R250
a
week, the price of passports is a luxury many cannot afford.
“So it makes
sense that people choose an illegal route,” Zimbudzana said.
She also
said that these sorts of incidents are not isolated, with many
parents
desperate to get their children out of Zimbabwe and into countries
where
their children might have a chance at receiving an education.
“We had a
client who ran a shelter for migrants and it was mainly children,
and they
were faced with the challenge of trying to get kids across the
border
illegally because none of them have documents,” Zimbudzana said.
She
added that the real tragedy was that many children in such situation are
targeted by criminal gangs and other predators, because they are so
vulnerable.
“There is never any assurance that these children will be
safe and people do
take advantage. It is a terrible situation,” Zimbudzana
said.
http://www.dailynews.co.zw/
Thursday, 20 December 2012 12:38
HARARE
- High Court Judge November Muchiya has slammed the State team for
lacking
autonomy in the ongoing bail hearing of an ex-Central Intelligence
Organisation (CIO) operative accused of leaking government
secrets.
Justice Muchiya said this yesterday during the bail hearing of
ex-CIO
operative Obediah Dodo who is jointly charged with a police officer
Collen
Musorowegomo.
The State alleges the two leaked State secrets
to an American think-tank,
but both men deny the charge saying the documents
were academic research
papers. Dodo is employed by the Bindura University as
a lecturer and the cop
is a student.
The bail application for the two
was supposed to proceed yesterday but
prosecutor Edmore Makoto said he
wanted to get instructions on the case,
prompting Justice Muchiya to grill
him why he did not have a mandate to make
decisions himself as a State
representative. The bail hearing was deferred
to today. The duo’s lawyer,
Alec Muchadehama told the court that the bail
hearing was delayed by an
“uncooperative” Bindura magistrate who failed to
provide the
transcript.
Muchadehama said they had to approach the office of the chief
magistrate for
the record of proceedings to be released. Dodo and
Musorowegomo have been
jointly charged with publishing or communicating
false statements
prejudicial to the State as defined in Section 31(a)(i) of
the Criminal Law
(Codification and Reform) Act Chapter 9:23.
Dodo,
who retired from the spy agency in 2008 to take up a job as lecturer
at
Bindura University, is accused of sending damning documents to the
American
Internal Journal of Contemporary Research.
The CIO operative and cop
allegedly authored a document titled Political
Intolerance, Diversity and
Democracy: Youth Violence in Bindura urban
Zimbabwe.
The two however,
say the paper was an academic research document and had
nothing to do with
spying. The document accuses State security institutions,
including the CIO
and army, of playing a role in youth violence from 1999 to
2011.
“Accused falsely stated that according to ZRP most of the
criminal cases
(assault, arson, rape and kidnapping) went unreported as
victims feared more
reprisals and the fact that during the (2008 election)
period, the police
force had been disempowered technically as they could not
handle any case to
do with politics,” reads part of the State outline. -
Tendai Kamhungira
http://www.swradioafrica.com
Staff writer
20
December 2012
Mystery surrounds the death of a Zimbabwean woman in a
Nairobi hospital in
Kenya. Reports suggested she had become stateless in
that country following
her deportation from Scotland where she had sought
political asylum.
The reports said Nemakonde was imprisoned at Kenya’s
Lang’ata Women’s Prison
where she fell ill and was admitted to the Kenyatta
National Hospital (KNH).
Media reports quote the hospital’s public
relations officer, Simon Ithae,
confirming her death. It is believed that
sometime last week Nemakonde was
in court complaining about the facilities
at the Lang’ata jail.
But the court dismissed the application and ordered
that she continued being
detained at the prison. It appears this decision
forced her to go on a
hunger strike, which led to illness.
Attempts
by SW Radio Africa to find out more about the tragic death of
Nemakonde, or
to find out if she was receiving any form of assistance from
the Zimbabwe
mission in Nairobi, proved unsuccessful.
http://www.financialgazette.co.zw
Wednesday, 19 December 2012 19:21
Clemence Manyukwe,
Political Editor
THE legislative assembly has cast into the spotlight the
controversial
Chiadzwa diamonds in a bid to plug alleged leakages that are
said to be
enriching an elite few within ZANU-PF at the expense of the
generality of
the population, with the Parliamentary Committee on Mines and
Energy
recommending that lawmakers should have an oversight over all the
diamond
deals, The Financial Gazette can exclusively reveal.
Accusations
and counter-accusations have dogged the handling of revenues
from Chiadzwa
diamond exp-orts ever since the government seized the hugely
prolific fields
from the private sector in 2006. The discord worsened
following the
formation of a coalition government in February 2009, with
head of the
exchequer, Tendai Biti, suggesting that the country could be
losing diamond
revenue to some fat cats that might be taking advantage of
the secrecy
involved in the marketing of the local gems.
The mistrust around the Chiadzwa
gemstones have also triggered disputes in
the Kimberley Process
Certification Scheme (KPCS) where members are divided
over the controversial
ban on Zimbabwe diamonds by the United States and its
allies.
Members of
Parliament now want all new mining deals to be approved by the
august House
first before being endorsed by the Executive to improve
accountability and
transparency. They have also recommended that government
must renegotiate
all previous mining deals, amid claims of loses to the
nation due to
corruption, smuggling and other malpractices.
In their end of year report,
members of the Parliamentary Committee on Mines
and Energy said government
was losing huge sums of money due to corruption,
illegal mining,
under-declaration of exports by miners and illegal marketing
of minerals due
to poor monitoring and surveillance.
The MPs said since last year there has
been no change with regard to these
issues, adding that about US$563 million
worth of diamonds were exported and
only US$43 million in dividends was
remitted to Treasury.
The committee said there is still a vast area in
Marange being guarded by
security forces, but it was high time government
allocated more diamond
concessions to ensure that the responsibility of area
security is
transferred to operating companies as has been done with Diamond
Mining
Corporation, Mbada, Marange Resources and Anjin.
“A law should be
enacted where all major mining contracts should be ratified
by Parliament
before they become binding. At the same time, all major mining
contracts
should have a clause, which makes it mandatory for the contract to
be
reviewed after a certain period of time in order to reflect the
socio-economic conditions prevailing at the time,” reads part of the
report.
The report said government should record progress towards
re-negotiating
most of the major mining contracts in the country so that
they are more
beneficial to the nation.
Sanctions imposed on Chiadzwa
diamonds by the US and its allies were said to
have resulted in loopholes
leading to theft and loss as the gems are
channelled through informal
procedures in order to circumvent the trade
embargoes.
While Cabinet had
previously resolved that Chiadzwa diamond fields be
nationalised to maximise
benefits to the State, the decision is still to be
implemented by the
Executive.
This week, Mines Minister Obert Mpofu said he was still to be
presented with
the report by the Parliamentary Committee on Mines and
Energy. The committee
is headed by ZANU-PF Guruve South MP Edward
Chindori-Chininga.
“I am on leave. I have not seen the document,” he said in
a tease response.
Mpofu has insisted in the past that all diamond revenue due
to the State was
being accounted for. Recently, he found support in Defence
Minister Emmerson
Mnangagwa who challenged anyone with evidence of the army
being funded from
diamonds or the funding of a parallel government from the
proceeds to come
forward.
Despite the denials of any wrongdoing on the
part of ZANU-PF ministers,
Biti, the Finance Minister, has maintained that
there is lingering secrecy
in the matter, a development that forced him to
cut back his US$4 billion
2012 national budget after the projected US$600
million revenue from diamond
sales failed to materialise.
The World Bank
(WB) also believes that the government is hoarding massive
quantities of
diamonds, rough and polished. In an internal document of the
WB which was
viewed by South African business news website, Fin24, the
authors claimed
that the state-owned Zimbabwe Mining Development Corporation
(ZMDC) had
amassed troves of rough diamonds that might amount to up to US$5
billion.
These rough diamonds stored by the ZMDC are said to be of low
quality and of
lesser dollar value per carat. They are also supposed to have
been collected
before the KPCS voted to permit the Zimbabwean diamond
industry to sell on
the global market with Kimberley Process
approval.
The WB report also noted that without intervention, Zimbabwe's
diamond
production will peak at an annual rate of 12 million carats in the
years to
come, but that this rate can be increased by over 25 percent in the
next six
years if the country invests US$150 million.
Global Witness also
claimed recently in a report that proceeds from Marange
diamonds were being
used to finance a parallel government in the coalition,
imploring the
international[ends here...]
Thursday, 20 December 2012
The Zimbabwe
Power Company (ZPC) in Hwange has been ordered by the Labour
Court to
reinstate over 39 workers who were dismissed in 2008 on charges
that they
were MDC members.
The ZPC management was on 30 June 2008, forced to
dismiss the 39 workers on
the orders of a Central Intelligence Organisation
(CIO) operative Romeo
Mutengwende and three Zanu PF members only identified
as Muza, Muzamani and
Zvidzai.
The four claimed that the 39 workers
were MDC activists and should be
dismissed as they were not supporting Zanu
PF or attending the party’s night
vigils. Zanu PF and its President Robert
Mugabe had been defeated in the
March 2008 elections by the MDC and
President Morgan Tsvangirai. The CIO
operative Mutengwende was later
appointed security manager at ZPC.
In a ruling made by the Labour Court
on Wednesday, ZPC was ordered to
reinstate all the 39 workers to their
original positions without loss of
salary and benefits from the date of the
unlawful dismissal.
“In the event that reinstatement ordered above is no
longer tenable, the
respondent is ordered to pay claimants negotiable
amounts of damages in lieu
of reinstatement, failure of agreement, parties
are given leave to approach
this tribunal for assessment of such damages,”
part of the ruling made on
Wednesday reads.
The spokesperson for the
39 employees, Tafara Nkole said the workers were
satisfied with the ruling
as the laws of this country had been applied
fairly. “We are very happy that
in Zimbabwe we now have people like our
lawyers who can stand up to Zanu PF
and fight for the people’s rights,” said
a pleased Nkole.
Most of the
affected were general workers.
Meanwhile, Masvingo town residents have
said the move taken by council
workers in attaching council property was
uncalled for, since the workers
are receiving their monthly salaries. The
residents said the move was
unnecessary and they are convinced that the move
is political and meant to
tarnish the image of the MDC led Masvingo Town
Council by some Zanu PF
aligned workers.
Last month the council
workers took the council to court over the
non-payment of backdated salaries
and were given an order to attach council
property. Masvingo Town Council
employs 460 people.
The Last Mile: Towards Real Transformation!!!
http://www.swradioafrica.com/
Posted by Alex Bell on Thursday, December 20, 2012 in Diaspora
Diaries,
Featured | 0 comments
18th December 2012
Alex Bell: Hello
Zimbabwe and welcome to Diaspora Diaries on SW Radio
Africa, Zimbabwe’s
independent voice. I’m Alex Bell and welcome to the show
tonight. Well we’re
doing things a little differently tonight and we’ll have
a special edition
and we’ll be hearing from a Mashonaland West farmer who
was shot in the face
on his Banket property on Monday night and is now in
hospital recovering.
We’ll also hear from Justice For Agriculture about this
latest horrific
violence against the farming community.
Well first up tonight, Dutch
national and Mashonaland West farmer Piet
Zwanikken was rushed to hospital
on Monday night after a man, known to be
working for a CIO agent who wants
the farm, shot him in the face. Zwanikken
says he’s lucky to be alive after
escaping an assassination attempt. Just
hours ago he spoke to me from his
hospital bed and explained what led to the
shooting on Monday
night.
AB: Piet it’s an absolutely horrific ordeal that you’ve gone
through and I’m
sure you must think yourself very lucky to be alive after
that shooting
incident. But maybe you can explain to us what actually
happened? What
actually, first of all, led to this incident and what
happened last night?
PZ: Okay what’s been happening on the farm is that
an A2 (settler) had an
offer letter and he’s been trying to force me, um,
take over the farm. When
he didn’t get his way through the court, we went
and got a court order
against him from disturbing us. He then tried to go
through the Lands
(Ministry) to try and get me convicted and thrown off.
When we saw that the
progress wasn’t going that well there, then I think
these guys made a plan
to try and assassinate me.
AB: So you do think
that this was an assassination attempt?
PZ: Definitely.
AB: So
what actually happened last night? This happened in the evening on
the
property?
PZ: On the property at my gate, the three guys who I know well,
are A1
farmers and they work for this A2 to the degree that they’re helping
him to
try and remove me from the property. They called me to the gate and I
went
out with a torch so I clearly could identify all three of them. I said
yes,
what do you want? The shooter was a guy called Macheka and he started
to
tell me a story about some of my tobacco being stolen and I think it was
just a ploy to try and get me closer to the actual gate, maybe even to open
it. I didn’t realize he had a handgun behind his back and when I didn’t come
closer, all of a sudden there was just, out of the corner of my eye, a
flash, a big bang and he took a shot at point blank range, probably about a
metre away. Thank God I turned my head. The round went through my nose and
grazed my cheek at which time, my son was there as well, we both just we
yelled and ran back to the house. We were so lucky that that bullet didn’t
kill me.
AB: Now I know that you are of course now are in hospital
and you had to be
rushed to hospital. What was going through your mind
during that journey to
the hospital?
PZ: All I just can’t believe how
lucky I am still to be alive you know. Yah,
it’s a terrible situation to be
in because apparently the three guys have
already been rounded up but
they’re saying they weren’t anywhere around,
they had nothing to do with
what happened yesterday.
AB: This is despite both you and your son seeing
them very clearly?
PZ: Yes, yes, we’re both witnesses to the fact. I
think these guys thought
if they killed me there would be no more, there
would be no witness to
actually what happened.
AB: Now you say you do
know all these people involved and who is this A2
beneficiary then who’s
been harassing you? Do you know who he is and is he
definitely responsible
do you think for what’s going on?
PZ: Yes his name is Charles Mupanduki;
he apparently is CIO and I know that
he’s been seen carrying a side arm at
the farm but he’s very careful not to
get involved directly. He uses these
A1 farmers to do all the dirty work but
I have no doubt in my own mind that
he is somewhere in the back of the scene
organizing things because he said
so, in actual fact during one of our
cases, that all these guys actually
work for him and they operate under his
orders.
AB: How are you
feeling now than? There must be a certain amount of fear and
apprehension –
if they’ve gone this far in what appears a deliberate
assassination, a
deliberate hit, how do you feel now?
PZ: Yes well obviously we’re shaken
and I’m hoping that the law will take
its course in this case. Yah I’ll have
to be very careful and probably run
my farm from a distance for a
while.
AB: It must be very hard for you of course because you are a Dutch
national
and you are supposed to be protected by a bi-lateral agreement. Are
you
surprised then that something like this agreement has been ignored in
this
way?
PZ: Absolutely not. A lot of these BIPAs were never
honoured in the first
place so it’s absolutely no surprise that somebody
took a liking to my farm
and decided well, ‘we’ll get it at all
costs’.
AB: How long have you been on the farm, if I may ask?
PZ:
I have been there for 15 years and I took over from my father-in-law by
Order of Cessation in 2002. The farm at that time was not
acquired.
AB: And when did this process of intimidation and threats
against you begin?
PZ: Yes that started with the Ministry of Lands came
in January with this
guy with an offer letter to say ‘well you should wind
up your operations
this year because this guy’s going to take over, he’s now
going to be the
legal owner of the farm’, a portion of it anyway. And when I
refused to
budge, the legal action started to take place at the end of July
where we
were locked out of our gates. They tried the old jambanja tactics.
They
actually took over the farm in August for a few days in which we lost
$10
000 worth of equipment and we only got back into control by a Peace
Order
which they then went to ignore and finally when we got a Contempt of
Court
order against them, that’s when they finally realised well they can’t
actually interfere with me otherwise they’ll go to jail. That seemed to work
at the time.
AB: Is there a next step that you can take at the
moment? I would imagine
that this has already been reported to the police –
do you think that the
rule of law will be successful in this
case?
PZ: I’m hoping that they will take action, appropriate action and
that in
this case, the rule of law will be applied to. As regards to what
will
happen in the future – that I can’t tell you but I certainly intend to
continue farming.
AB: Well that was Piet Zwanikken. He’s a farmer
from Mashonaland West who’s
also a Dutch national that was shot in the face
on his property on Monday
night. Now as you can hear, Mr. Zwanikken has had
surgery on his face after
the bullet went through his nose and grazed his
cheek. He of course agrees
that he is very lucky to be alive.
We will
be bringing you more news on this incident as we go forward. For now
though
let’s focus on some of the reaction coming from the farming
community. The
Commercial Farmers Union has already absolutely slammed this
attack on the
farmer and just expressed its concern for what is happening
and urged
farmers across the country to be safe. I also caught up with John
Worsley-Worswick from Justice for Agriculture who gave this reaction to this
latest violent attack on a member of the farming community.
JWW: Yes
(I’m) very sad and alarmed but certainly not surprised to hear
this. We have
been expecting it for some time; we’ve been monitoring an
escalation of
pressure being brought to bear on farmers who are still out
there. That’s to
be expected; farmers have always taken the brunt of
political attack
especially in the lead up to elections so that’s par for
the course on this
one. We have been privy to a hit list which has involved,
we’re told, two
farmers on it and that was declared that this was to have
maximum effect and
ripple effects through the communities. This shooting, we’re
very fortunate
that it’s not a murder of another farmer and he’s very
fortunate to have got
away with his life, but he has been politically
targeted with a view to
getting him off the farm and it’s on the back of
frustrations of the
perpetrators who have been trying to get him off the
farm and it does
involve chefs. Every indication is that it is a political
chef driving it.
They’re legally frustrated in that the legal action, some
of which has been
initiated by them, has failed and has resulted in them
getting added legal
protection in terms of a Peace Order over himself and
the property. And it’s
on the back of that as well as the frustration that
they’ve gone to this
length to get rid of him.
AB: John we’re talking about someone who is a
Dutch citizen; there’s been a
lot of developments regarding the Dutch for,
the most notable of course
there’s been a group of Dutch farmers who’ve made
quite an international
stir over legal, an outstanding legal case that they
have with the Zim
government. Any thoughts as to how this could be related?
Is there any
suspicion that this could be related?
JWW: Yes indeed;
certainly there has been, historically there have been a
lot of legal action
taken by Dutch farmers. The case in the international
arbitration court at
the World Bank by the Dutch farmers, won their case,
eleven Dutch farmers
won their case and they still, the Zimbabwe government
to agree to the time
to pay them out something to the tune of 13 million
Euros, they’ve failed to
do that. Further legal action is being taken as we
speak to recover that
compensation. But it’s not confined to that; the Dutch
Embassy here has been
quite vociferous of late, in condemnation of what is
happening in the
country and it certainly fits in terms of retribution and
vindictive action
and it fits, or seems to fit.
AB: A final comment then John; we’ve spoken
before about things like BIPAs,
these bi-lateral investment protection
agreements – it seems that it’s an
on-going situation where this doesn’t
offer any form of protection in
Zimbabwe. Does this put Zimbabwe further out
of line with anything like
international investment?
JWW: Yes indeed
and at a time like this when a country desperately needs
that investment to
try and limp forward. But there hasn’t been respect for
those BIPA
agreements and it’s come back to bite them through legal actions.
And the
big legal action at the moment is in the courts and they’re coming
to
fruition hopefully in February in Singapore, is the (inaudible) action,
again in international arbitration court under the World Bank and obviously
this is becoming more and more a thorn in the government’s side – the fact
that they did target these farms and continue to target them.
AB:
Well that was John Worsley-Worswick from Justice for Agriculture. That
just
about brings us to the end of tonight’s special edition of Diaspora
Diaries
and thank you very much for joining me. Don’t forget that at any
time you
can email me on alex@swradioafrica.com or you can
follow me on
Twitter on @albell88 if you’d like to make any comments or
queries about the
show. Don’t forget go to the web site at any time – that’s
www.swradioafrica.com. There are
more details about this attack on Piet
Zwanikken as well as all other news
available on line. I guess I’ll be
saying goodnight now, thank you very much
for joining me. So from me Alex
Bell, goodnight.
Petition to
Zuma
Zimbabwean exiles in
the UK are to submit a petition to the South African High Commission on Saturday
calling on President Zuma to put pressure on Mugabe to stop blocking the way to
a referendum on the proposed new constitution.
Although the
constitution has been signed off by Mugabe’s representatives, Zanu PF is
deliberately dragging its feet to prevent reforms before new elections as
provided for in the Global Political Agreement of
2008.
The petition reads:
“Petition to President Zuma of South Africa: Exiled Zimbabweans call on
President Zuma to put pressure on President Mugabe and his Zanu PF party to
implement the Global Political Agreement. If they continue to refuse we urge
South Africa to take measures against the Mugabe regime.”
The petition will be
accompanied by the following letter:
Dear President
Zuma
Zimbabweans in the
diaspora congratulate you on your re-election as ANC leader. We hope that you
will now have more time to devote to your obligations as mediator for
Zimbabwe.
We believe your
intervention is needed now more than ever as Zanu PF is determined to block any
progress.
More than 3 million
Zimbabweans have been forced from our country. Many of them are in South Africa.
we long to return home but can do so only after free and fair elections have
freed us from bondage.
To go to elections
without reforms will be a disaster for Zimbabwe and South Africa and the region
as a whole. We will end up another Equatorial Guinea.
Yours sincerely,
Vigil Co-ordinators
The petition has been
signed by nearly 5,000 people who have stopped by the Zimbabwe Vigil which is
held every Saturday outside the Zimbabwe Embassy in London, around the corner
from South Africa House in Trafalgar Square.
The submission of the
petition is part of the 21st Movement Free Zimbabwe Global Protest which has
promoted a series of protests about the situation in Zimbabwe around the
21st of every month since January of this year.
This month’s protest
will also draw attention to the suffering of ordinary people in Zimbabwe at
Christmas while the country’s political leaders loot the country’s resources.
Timetable for
Saturday 22nd December
·
2pm – Meet outside
the Zimbabwe Embassy where people can sign the petition before it is
submitted
·
3.30 pm – submit
petition to the South African High Commission.
·
4.30 pm – turning on
of Vigil’s mourning Christmas lights
Zimbabwe Vigil
Co-ordinators
The Vigil, outside
the Zimbabwe Embassy, 429 Strand, London, takes place every Saturday from 14.00
to 18.00 to protest against gross violations of human rights in Zimbabwe. The
Vigil which started in October 2002 will continue until
internationally-monitored, free and fair elections are held in Zimbabwe. http://www.zimvigil.co.uk
http://nehandaradio.com
on December 18, 2012 at 11:25
pm
Nehanda Radio will begin serialising the book “Solid Impact
Stories:
Experiences of Student Rights Activists in Zimbabwe (2000-2012)”
beginning
this week on Thursday courtesy of the Students Solidarity Trust
(SST).
Below is the foreword from a former student leader.
By Itai
Masotsha Zimunya
The pre-independence and post-independence history of
Zimbabwe locates
student activism at the core of the struggle. The current
Zimbabwe National
Students Union (ZINASU) motto that “struggle is our birth
right” is apt and
most relevant within the context of a post-colonial
vampire state.
Against the promise of independence, many students
suffered victimisation by
the post-colonial government in Zimbabwe. The
state’s duty to protect and
educate was substituted by its affinity to
control and eliminate young
bright and visionary minds. This book therefore
captures some sad but
powerful and motivating stories.
During my days
as a student activist, I encountered many injustices
including arbitrary
arrests, abductions, detention, torture, kangaroo court
student disciplinary
hearings and brutalisation by the state security- all
which culminated in
the necessity of a social safety net for students.
The rise of the
Student Solidarity Trust (SST) as a social safety net is
owed to various
institutions and people. Salutations are due to the various
student
activists who put their lives in defence of their country’s freedom,
and to
salvage it from the capture of native bourgeoisies- the ruling elite
(most
of whom are former student leaders of yester-years).
Whilst we celebrate
these solid stories of various student activists,
including those that are
not captured herein, including that of Batanai
Hadzizi and Lameck Chemvura
among others, the historiography of liberation
and leadership in
contemporary Zimbabwe must inspire within this generation
of activists, a
higher level of dedication to human dignity, freedom and
development.
The current (now late) Minister of Higher and Tertiary
Education, Dr. Stan
Mudenge- himself a solid student activist in the 1970′s
is an example of
what not to become. He laid his life fighting for
independence, only to
become an oppressor of student activism and academic
freedom in post
independent Zimbabwe.
I have no doubt that change is
coming to Zimbabwe. It is also beyond doubt
that this generation of student
activists shall occupy key positions within
the post-one party state
government. The challenge, therefore, is for these
solid leaders to remain
solid to the end-in defence of a just and free
society.
Student
voices of the next generation must never be suppressed however
irritating
they may be. Contemporary history of Zimbabwe reveals that the
voice of
students is the voice of God- whoever ignores it does so at their
own
peril.
Whilst this book does not tell every story it is an excellent
contributor to
capturing and preserving the role of young, intelligent,
energetic,
inquisitive and risk taking students.
I salute those who
initiated this project; those who worked on the material
and those who
sponsored the project. It is evidently expanding the body of
knowledge on
the role of students in the post-colonial democratisation
process of
Zimbabwe.
Finally, I urge all former student leaders not to be detained
by the ghosts
of yesteryear, but look ahead and continue to shape a better
Zimbabwe.
National developmental questions of a patronising and rent seeking
native
bourgeoisie, militarisation of the state and endemic violence in
society
including in student politics all need visionary
leadership.
The prophecy of old must continue. Africa awaits a generation
of leaders
that believe and will wash away the ‘begging” tag that it
unfortunately and
wrongly carry given its natural resource and human
potential.
I anticipate that activists and researchers from all walks of
life will find
this compendium handy and motivating.
Itai Masotsha
Zimunya, Former Student Leader