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Tsvangirai
dismisses draconian indigenisation bill
http://www.swradioafrica.com
By Alex Bell
10 February
2010
Prime Minister Morgan Tsvangirai has dismissed a draconian
indigenisation
bill, published on Tuesday, declaring the 51% black ownership
regulations
'null and void.'
The Indigenisation and Economic
Empowerment regulations, passed under a two
year old legislation adopted by
the ZANU PF government, requires businesses
to inform the government of the
racial make-up of their shareholders by
mid-April. From there, the unity
government would determine how much of
their shareholding would need to be
ceded to 'indigenous' Zimbabweans. The
government would make this choice
from a pre-decided list of 'suitable'
indigenous shareholders, and business
owners could face jail time if they
don't comply.
But the Prime Minister
and MDC leader on Tuesday immediately dismissed the
bill as being of no
force, sar 'were gazetted without consultation' of the
unity government. The
Prime Minister, who is responsible for the formulation
of all Government
policy by Cabinet and the implementation of them, said
that neither he nor
Cabinet had reviewed the regulations before they were
gazetted.
"They
were published without due process as detailed in the Global Political
Agreement (GPA) and the Constitution and they are therefore null and void,"
the Prime Minister said.
The Regulations were published by the Ministry
of Youth Development,
Indigenisation and Empowerment, Saviour Kasukuwere and
were due to come into
force on 1 March 2010. A maximum penalty of five years
in jail faces any
business owner that misses the mid-April deadline to
declare the racial
composition of their companies to the government. The
same penalty awaits
whites employers who use black employees as 'fronts,'
while Minister
Kasukuwere will keep a list of 'suitable candidates'
pre-approved by the
government as indigenous shareholders.
Tsvangirai's
spokesman James Maridadi said the Prime Minister "totally
disowns the bill,"
arguing it doesn't reflect the beliefs and wishes of the
unity government.
Maridadi explained that while the Prime Minister is not
against
indigenisation policies, he does not support any policy that has the
potential to scare away investors.
"There is need for a balance of
policies, between attracting investors and
supporting indigenisation. But
this bill does not have that balance,"
Maridadi explained.
Businesses
with assets of more than US$500 000 would be affected by the law,
which many
believed had been shelved after the ZANU PF government proposed
and drafted
it in 2008. Multinational mining companies, like South Africa's
Impala
Platinum and Rio Tinto, are seen as most at risk of such
'indigenisation'
plans. Last week, Rio Tinto diamonds and minerals chief
executive Harry
Kenyon-Slaney, said that "the only threat to our operations
are
indigenisation programmes." Such a bill would also further hamper
efforts to
encourage foreign investment in the country, efforts already
undermined by
the ongoing seizure of commercial land under the guise of land
'reform.'
Economic analyst John Robertson said the bill would see a
"massive down-turn
in investment," arguing that "potential donors would
prefer to place their
money elsewhere." He explained that this bill has
nothing to do with
empowerment of the people, but more to do with
'disempowering' the business
sector.
Some observers have argued that this
law, targeting businesses, is an
extension of the land grab campaign, a
political weapon Robert Mugabe has
used over the years to secure voter
support. It is being widely speculated
that the list of 'suitable
candidates' for indigenous shareholding under the
law will be a list of
cronies and supporters loyal to the Mugabe regime.
Such a list would likely
mirror the list of mainly well-connected
beneficiaries of the land grab
campaign, which has seen ZANU PF loyalists
secure multiple pieces of farm
land.
Robertson echoed these sentiments saying those who "support the
government's
policies will be rewarded."
"This bill will achieve
disempowerment by taking businesses away from people
who do not support the
government and giving power to those who do,"
Robertson said.
Saviour Kasukuwere’s indigenisation law is racist
Jewish businesses marked with a Star of David in Nazi
Germany
“What do we do when the farms run out?”: this is a big question for Zanu PF
and one can understand what a dilemma it is for a party that has few reasonable
policies and is forced to buy loyalty and support by apportioning state assets.
Legitimising theft has become Zanu PF’s key survival strategy. The orgy of greed
has reached utterly disgraceful proportions.
Yesterday, Zanu-PF’s mouthpiece (yes, still speaking for Zanu PF even though
there is a power-sharing government) The Herald
announced that
Government has gazetted the Indigenisation and Economic Empowerment (General)
Regulations 2010, which spell out the country’s indigenisation policy and take
effect on March 1 this year.
The regulations’ main objective is to achieve 51 percent indigenous
shareholding in existing businesses with the owners given a five-year period to
comply. [...]
The regulations require that all existing businesses with a threshold of
US$500 000 should within 45 days from March 1 2010, declare their shareholding
status to the responsible minister through a prescribed form. New businesses
will also be required to comply within 60 days. [...]
The article goes on to elaborate on exclusions. According to Saviour
Kasukuwere this is not going to scare away investors in Zimbabwe:
Youth Development, Indigenisation and Empowerment Minister Saviour Kasukuwere
has repeatedly told stakeholders that the law was not against foreign investment
and neither was it designed to scare away investors.
It had widely been misinterpreted as a way of chasing away foreign investors
from Zimbabwe with others saying that it was nationalisation or expropriation of
foreign-owned businesses.
Perhaps not appropriation of foreign owned business, but it does look like
“appropriation” of white-Zimbabwean owned businesses.
I should say that the word ‘white’ was not been explicitly stated in The
Horrid’s article. The only specific reference has been to ‘indigenous groups’ –
black Zimbabweans – suggesting that all minority groups in the country are
going to be compelled to give up the controlling share of their businesses. Most
will assume this policy is mostly geared towards white business though, because
we know what Zanu PF’s attitude is towards white minority rights: it doesn’t support
them at all.
Our country is turning into a nation where we have ‘Zimbabweans’ and we have
‘White Zimbabweans’. This second category of Zimbabwean citizenship does not
have wholesale access to human rights – look at Zanu PF’s recent look at their
constitution strategy: caveats and limitations abound. A white Zimbabwean in a
Zanu-world will never be allowed to farm in Zimbabwe and now it seems that a
white Zimbabwean will never be allowed to have 100% ownership of their own
business.
I assume that a black Zimbabwean will not be expected to hand over a
controlling share of his or her business to other people? That, you see, would
not be politically popular! Besides, is Saviour Kasukuwere likely to support any
policy that would strip him of the controlling interest in his personal business
empire; note, one specialising in the kind of areas that you do very well in if
you have two feet firmly planted on the Zanu gravy train: transport, fuel
supplies and banking.
I didn’t sleep last night I was so angry about the blatant racism in this. In
the course of an outraged conversation I had today, I asked my non-Zimbabwean
friend: “What happens when the businesses run out?”
He very quietly said: “When that happens, they’re going to want to take
white-owened houses”. The quietness of his tone made me want to weep.
No matter what Saviour’s public rhetoric is to justify this policy,
Zimbabweans know how it works in practice at a grassroots level.
The farm invasions were elaborately draped with language about historical
injustices etc and this seduced many good people around the world into believing
the Zanu government had a moral agenda. But the reality is that land reform is
actually extremely immoral – it turned into a glut-fest among Zanu-elite
loyalists: ‘Roll up, roll up: Multiple farms for the big wigs. Come grab yours
now!’
Zimbabwe’s experience has been that the people who line up for the Zanu PF
brand of so-called empowerment do not expect to pay or contribute or even work
for their enrichment.
I imagine the same model will be applied to business-grabbing, and that fills
me with horror. In practice, what I imagine and what I fear will happen is the
following: a big wig/policeman/judge loyal to Zanu PF will be walking down the
pavement and think, ‘Nice business – I want some of that’.
What will follow will be unspeakable harassment: possible violence with Zanu
PF youth militia being bussed in to bray and chant on the pavement; violence and
destruction of property chucked in for good measure; threats of jail sentences;
fear that you and your family will be targeted with reprisals if you resist;
court cases that go nowhere; and a loss of everything (after all, why settle for
49% when the Zanu-controlled judiciary and police turn a blind eye to the
niceties of the detail of the legislation)?
I spent most of last night thinking about the impact of Zanu policies on
minority groups and their human rights, and how our nation is really starting to
stink of nasty racism. I also started wondering how the business-grabbers were
going to distinguish between the ‘good whites’ – the foreign investors who may
also have white skins; and the ‘bad whites’ – the ones who are Zimbabwean.
Maybe, I thought, they’ll need to stick signs on the windows so the
business-grabbers know who they can target and who they can’t; after all, its
not good for foreign investment if the ‘good whites’ get harrassed by a baying
mob, is it? With that thought, the hairs on the back of my neck stood up and I
remembered Nazi Germany – the Nazi’s also had a little problem with publically
distinguishing between the ‘good Germans’ and the ‘bad Germans’ – the bad
Germans, by Nazi logic, being the Jews.
But Saviour Kasukuwere has already thought of this:
The Ministry of Youth Development, Indigenisation and Empowerment will keep a
database of persons wishing to identify any indigenous Zimbabwean to acquire a
controlling interest or lesser interest in his or her business and indigenous
Zimbabweans wishing to partner a non-indigenous investor.
Let’s be clear: this is not a database to show who is willing to yield 51% of their
business. It’s not optional: failure to comply means jail. This is a database to
publically show the grabbers who to target.
“Yes”, I thought to myself, “if the Nazi’s had had computers, they’d probably
have done this too!”
Saviour Kasukuwere is not a man many would respect – fear maybe – but not
respect. As far back as 2000 he was
involved in orchestrating violence in Mt Darwin. This extract
from a human rights report in 2000:
On 25 March, Edward from Pfura Location in Mount Darwin was assaulted. He
said he was one of the first victims in his area to be attacked and that over
200 Zanu (PF) youths and war veterans, led by Jacob Juma, were responsible.
According to Edward, the attackers had been “grouped at Madondo” by Saviour
Kasukuwere, the Zanu (PF) candidate for Mount Darwin. He said: “they had the
house numbers of the MDC people” and two others were attacked that day. Edward
sustained bruises on the face, whip lashes on the back among other injuries
according to his medical report.
He was a member of the feared CIO, and apparently made no effort to
conceal that fact. At one point he was vice-president of the Affirmative
Action Group (AAG):
In its early years the AAG was widely accused of arm-twisting bank managers
to fund the businesses of some of its leadership and a few others, whose
repayment records were matters of grievous concern to the cowed banking
sector.
In July last year, Saviour Kasukuwere
was a ringleader involved in leading a revolt against a constitutional
conference:
Our witness reported that when Lovemore Moyo started his speech it was none
other than Saviour Kasukuwere (see a profile on Kasukuwere here)
along with another MP, who started the riotous singing that drowned out the
Speaker’s address. ZimOnline have a
report corroborating involvement of youths loyal to Kasukuwere and also to
Patrick Zhuwawo, Robert Mugabe’s nephew.
In Shona they started singing Zanu PF songs and slogans which include
inflammatory words like,
“We are doing what we did in June, winning”
“We are doing away with the
Prime Minister”
“Zimbabwe is liberated with blood”
Minister Moyo’s attempts to calm the crowd resulted in him being showered
with water, beer and alcohol.
And in December last year, what we all knew already was formally noted when
the fact that Saviour Kasukuwere was involved in illegal
payments to youth militia in the run up to the 2008 elections was revealed
to parliament’s public accounts committee (the militia essentially function as
Zanu PF’s version of the ‘Hitler youth’). What were the youth doing then?
Torturing, beating and murdering Zimbabwean civilians.
This entry was posted by Hope on Wednesday,
February 10th, 2010 at 7:47 pm
Talks
adjourned to Monday
http://www.swradioafrica.com
By Violet Gonda
10 February 2010
The
negotiations between ZANU PF and the two MDC formations have been
adjourned
to Monday and there is still no official statement on the progress
of the
talks.
MDC-M negotiator Welshman Ncube told SW Radio Africa on Wednesday
that the
next meeting will be held on Monday because Finance Minister and
MDC-T
negotiator Tendai Biti has travelled to Tunisia.
We could not
reach the Finance Minister or the ZANU PF negotiators for
comment.
The South African facilitation team that has been in Harare
since Monday
left on Wednesday after holding meetings with the rivals in
government about
the progress of the talks and to evaluate the areas in
disagreement.
Ncube would not comment on the outcome of the meetings with
the South
Africans or the negotiations, which have been going on for more
than a year.
The MDC-M negotiator said he could only say progress has been
made on 'some
issues', but that there is no movement on 'other
issues'.
Meanwhile, Radio VOP said that the negotiations stalled on Tuesday
after the
ZANU PF negotiators refused to make any concessions, claiming that
they were
under strict instructions from their party 'not to co-operate,'
until
sanctions and foreign radio stations are removed.
On Tuesday, MDC
Spokesperson Nelson Chamisa told SW Radio Africa his party
is insisting on a
conclusion of these talks, and that the parties either
have to 'agree to
move forward or agree to disagree'. He said the South
African facilitation
has to either help break the impasse or pronounce the
negotiations
deadlocked, and that if there is disagreement, an electoral
framework should
therefore be put in place.
Zimbabwe PM
Tsvangirai's MDC Demands Conclusion to Unity Negotiations
http://www1.voanews.com
Tsvangirai MDC
negotiator Elton Mangoma, who is also minister of economic
planning, told
VOA that negotiations among the three governing parties were
to resume late
Tuesday, but said his party wants to see the a conclusion to
the
discussions
Blessing Zulu | Washington 09 February
2010
Zimbabwean Prime Minister Morgan Tsvangirai's formation of the
Movement for
Democratic said Tuesday that there must be closure soon to
talks on the
issues troubling the power-sharing government, has urged that
the Southern
African Development Community intervene if there is a
deadlock.
Tsvangirai MDC negotiators stated this position to South
African
facilitators who arrived in Harare on Monday representing President
Jacob
Zuma, the mediator in Zimbabwe on behalf of the regional
grouping.
The facilitators met party negotiators on Monday and continued
marathon
discussions Tuesday in an effort to break the
impasse.
Tsvangirai MDC negotiator Elton Mangoma, minister of economic
planning, told
VOA that negotiations among the three governing parties will
resume this
evening but said that his grouping wants to see the talks
concluded.
Sources in the ZANU-PF party of President Robert Mugabe said
however that
they do not want to declare a deadlock, arguing that the MDC
must have more
time to work with Western governments to obtain the lifting
of sanctions on
President Mugabe and about 200 top ZANU-PF officials and
supporters.
ZANU-PF hardliners also want broadcasts from outside the
country, such as by
VOA's Studio 7 program, which they call "pirate" radios,
to be stopped.
Then there are the core governing issues which have eluded
settlement, in
particular who runs the Reserve Bank of Zimbabwe and the
Office of the
Attorney General, and appointments of provincial
governors.
Political analyst Charles Mangongera told VOA reporter
Blessing Zulu that
Zimbabweans are becoming impatient with nonstop political
bickering.
Zimbabwe
Government Workers Strike Draws 75% Participation, Unions Say
http://www1.voanews.com
Zimbabwe
Teachers Association Chief Executive Officer Sifiso Ndlovu said
public
servants had urged the government to raise funds for salary increases
by
marketing the diamonds coming out of the controversial Marange
field
Gibbs Dube & Patience Rusere | Washington 09 February
2010
Representatives of Zimbabwe's striking civil servants said
Tuesday that at
least 75 percent of the work force has joined the industrial
action since
Friday.
Deputy Executive Secretary Jeremiah Bvirindi of
the Public Service
Association of Zimbabwe said the majority of striking
workers were in
Harare, Bulawayo, Mutare, Masvingo, Gweru and a number of
smaller towns.
VOA was unable to reach Public Service Minister Eliphas
Mukonoweshuro or any
other government official qualified to comment on the
situation.
Bvirindi told VOA Studio 7 reporter Gibbs Dube that the
government has not
tabled new salary offers since the strike was
declared.
Zimbabwe Teachers Association Chief Executive Officer Sifiso
Ndlovu said
public servants had urged the government to raise funds for
salary increases
by marketing the diamonds coming out of the controversial
Marange field in
Manicaland province, scene of alleged rights abuses and
corruption.
"The government should not tell us that it does not have
money, instead they
have to tell us that they are in the process of looking
for buyers of
diamonds in order to finance the civil service salary bill,"
said Ndlovu.
Analysts said strike threatened the economy and the fragile
unity
government.
Civil Society Monitoring Mechanism Coordinator
Dzimbabwe Chimbga told VOA
Studio 7 reporter Patience Rusere that the strike
could scare away investors
and further delay the process of constitutional
revision.
Chimbga, whose organization was constituted to monitor the
government's
performance, said the strike reflected its failure to deliver
results.
Zimbabwe's
MDC Charges Continued Police Harassment Under Unity Gov't
http://www1.voanews.com
Tsvangirai MDC
Legal Affairs Secretary Innocent Gonese said the complaint
was filed because
police are still misinterpreting provisions of the Public
Order and Security
Act, also known as POSA
Jonga Kandemiiri | Washington 09 February
2010
Zimbabwean Prime Minister Morgan Tsvangirai's Movement for
Democratic Change
has filed a complaint with the Joint Monitoring and
Implementation Committee
intended to follow compliance with the country's
power-sharing agreement,
charging "wanton arrests and harassment" of its
members.
The party said more than 50 of its members were arrested in
January.
JOMIC Communications Manager Joram Nyathi said the panel's
current chairman,
Industry Minister Welshman Ncube of the MDC formation led
by Deputy Prime
Minister Arthur Mutambara, had received the
complaint.
Tsvangirai MDC Legal Affairs Secretary Innocent Gonese, the
party's chief
whip in the House of Assembly, told VOA Studio 7 reporter
Jonga Kandemiiri
that the party filed the complaint because the police are
still
misinterpreting provisions of the Public Order and Security Act, also
known
as POSA.
Army
chaplain turns funeral into anti-Tsvangirai rally
http://www.swradioafrica.com
By Tichaona Sibanda
10
February 2010
An army chaplain from the Presidential Guard last week
turned a funeral
held for one of his soldiers into an anti-MDC protest,
chanting slogans in
support of ZANU PF and denouncing Prime Minister Morgan
Tsvangirai.
What started as a solemn and sombre service at Corporal
Clever Huruve's
burial was interrupted by a torrent of denounciations of the
MDC and its
leader. Tsvangirai was notified of the incident at a golf match
in Harare
last Saturday and has promised to look into the
matter.
This incident took place at the homestaed of the Huruve family at
Madamombe
village near Mandamambwe business centre in Chivi, Masvingo
province.
Many among those gathered to say farewell to the Presidential
Guard soldier
were left shocked at the manner in which the military police
and chaplain
openly displayed menacing attitudes towards MDC supporters. One
of them,
Ephert Chikozha wore an MDC T-shirt which did not go down well with
the
chaplain, a warrant officer by rank.
"Pamberi neZANU PF,"
(forward with ZANU PF), "pasi naTsvangirai," (down with
Tsvangirai) is how
the chaplain began his funeral rites. His chants were
greeted with a frosty
silence and a few jeers from those gathered.
Headman Isiah Pfenemene told
SW Radio Africa on Wednesday it was at this
juncture that the chaplain asked
the red beret military police to eject
Chikozha from the funeral. Pfenemene
bore the full brunt of the chaplain's
expletive-laden rant when he
vehemently protested to the orders.
"His ranting provoked a huge backlash
from the mourners who argued they had
come to a funeral, and not a political
rally. The chaplain went into a rage
and launched a kung-fu style kick at my
head, knocking off my hat in the
process. I was saved from further harm by
the corporal's family who came to
my aid," Pfenemeni said.
As the
situation degenerated into chaos, other soldiers present drew their
weapons
and pointed them at the mourners in an apparent show of force.
Headman
Pfenemene claimed the heavy handedness behaviour of the military
left
villagers traumatised.
"To my and everyone's astonishment, the chaplain,
an ordained member of the
clergy, who is supposed to provide religious
services and support to armed
forces members and their families in difficult
periods, promised vengeance
against the people of Chivi,' Pfenemene
said.
"With incredible boldness he told everyone at the funeral they were
only
waiting for the World Cup finals to be done with in South Africa before
they
unleash another wave of terror. I will tell you, people are terrified
here
in Chivi. We know what they're capable of and we've seen it all here in
the
province. But we didn't expect that kind of language in this day and age
of
an inclusive government," the headman added.
Pfenemene said they
made a report to police at Mandamabwe. He said if an
investigation was to be
carried out, he would be happy to identify the
chaplain as well as the
soldiers who drew their guns at the funeral.
The country's military,
which has strong ties to Robert Mugabe and ZANU PF,
is known to initiate
coordinated election violence to eliminate perceived
supporters of the MDC
in the country. Aided by ZANU-PF youth militia and
war veterans, the
soldiers have in the past run a campaign of terror to
violently crush the
MDC party in rural areas, while also silencing any
dissent or support in the
major cities and towns.
CIO
splash out US$5 million on 200 vehicles
http://www.swradioafrica.com
By Lance Guma
10 February
2010
The country's notorious Central Intelligence Organisation (CIO) is
reported
to have purchased an unspecified number of Nissan twincab trucks
for as yet
unexplained reasons. Lionel Saungweme our correspondent in
Bulawayo reports
that each CIO 'district' was given 5 vehicles to use in
their operations.
Initial estimates put the number of cars bought at around
200, meaning the
agency splashed out approximately US$5 million, at US$25
000 per car.
Such expenditure would have been enough to pay each of the
country's 230 000
civil servants an extra US$22 each for one month.
Saungweme reports that 4
of these trucks (3 white and 1 grey), whose
registration numbers start with
ABM, are already in use and parked outside
the CIO provincial headquarters
at Magnet House in Bulawayo. Information
remains sketchy but sources with
links in the agency confirmed the vehicles
were assembled in South Africa
and the CIO took delivery of them in
January.
Coincidentally, South African Police Services National Commissioner
Bheki
Cele was in Zimbabwe in January. During his visit he met Police
Commissioner
Augustine Chihuri in Harare, and spoke about the need for all
forces in
Africa to work together to weed out crime. Many linked Cele's
visit with
security preparations for the World Cup in South Africa and our
source says
it was even thought the cars given to the CIO were meant to be
part of some
joint security project between the two countries.
Co-Home
Affairs Minister Giles Mutsekwa denied any knowledge of the vehicle
purchases. He however said the CIO budget fell under the Presidents Office
and was not subject to any parliamentary scrutiny or audit. "These are some
of the things we need to change," he added.
The developments will worry
members of the MDC and other activists in civil
society who have been
subject to abductions and torture by the CIO using
similar trucks. With the
coalition government having run into a deadlock
over the way forward and
talk of a possible election in 2011 the purchase of
these cars will fuel
suspicions. This has also not been helped by the
gradual deployment of youth
militia and the maintenance of torture bases
around the country by elements
loyal to Mugabe's regime.
Meanwhile, expenditure by the CIO remains
shrouded in secrecy. Recently a
Sunday Times report disclosed how members of
the spy agency guarding Mugabe
on his overseas trip rake in US$5000 a day in
allowances. When Mugabe
traveled to Switzerland last year in October a CIO
team of 6 men and 1 woman
were paid the huge allowances to keep him safe.
For 10 days in Switzerland
they accumulated a total of US$50 000 each in
cash allowances.
A similar trip by Mugabe to Italy saw his security
guards receive the same
amount of money, while other members from the
60-strong delegation raked in
US$2000 each per day. The trip to Italy cost
taxpayers a total of US$1,4
million. The reports said large sums of money
are still being extracted from
the budget and placed at Mugabe's disposal,
using all sorts of scams to
circumvent the Finance Minister Tendai Biti.
Biti meanwhile called for
restraint after revealing that £18m was spent on
foreign travel alone in 10
months.
Zimbabwe government appeals court ruling
http://www.mmegi.bw
Wednesday, 10
February 2010
BAME
PIET
Staff Writer
The Zimbabwe government is appealing a Monday court
ruling in which a
Magistrate's court dropped two of the three counts that
Botswana wildlife
officers were facing in the country.
The
officers were facing charges of entering the country illegally,
smuggling a
vehicle into the country, and possession of firearms and
ammunition without
a licence. They were fined USD100 each for illegal entry
into the country,
while the other charges were dropped.
The three officers were released
yesterday but the vehicle and firearms were
confiscated so they could be
used as evidence in the appeal case, said
Botswana Ambassador to Zimbabwe,
Gladys Kokorwe. The three officers spent
their last night in jail on Monday
after the acquittal, as they had to wait
for immigration officials to escort
them to the border. They were arrested
on January 19, after they
accidentally crossed into the country while
tracking lions that had been
terrorising farmers at Lesoma village along the
borderline.
Speaking
on the issue yesterday principal public relations officer for the
Department
of Wildlife and National Parks, Archibald Ngakaagae said that the
three
officers are expected in Gaborone in the next two days where they will
undergo counseling, medical checkups and be given days off.
Meanwhile
the Zimbabwe Minister of Home Affairs, Kembo Mohadi told a press
conference
this week that Botswana was overreacting to the issue, which he
said was an
administrative one.
An online news agency said that the minister cited
two police officers from
their country who were arrested last year for
accidentally crossing into the
country and they were tried and acquitted by
the court here. He stated that
they wanted to allow their courts to do their
work without interference from
government.
"As the Zimbabwean
government, we have no intentions of straining relations
between ourselves
and Botswana because we share the same border and we
belong to the same
continent," the agency quoted Mohadi as saying.
"That is a good statement
and I hope it could be followed in action,"
Minister of Foreign Affairs and
International Cooperation, Phandu Skelemani
responded. He said that the
Botswana government still has faith that
relations could be normalised
through dialogue.
He confirmed that the two governments will engage in
talks on the 22nd of
this month at Victoria Falls during which "all security
matters including
the border issue" will be discussed. He stated that they
have not reported
the matter to the Southern Africa Development Community
because of the
belief that things could still be normalised.
The
Botswana government has already recalled its military and intelligence
officers attached to its embassy in Harare and announced that it expects
Zimbabwe to do the same before end of this month.
Skelemani said that
the outcome of the talks will determine whether the two
governments can
reinstate the military, and intelligence attachZs to the
embassies.
Treaty will
protect South African investors in Zimbabwe
http://www.busrep.co.za
February 10,
2010
A bilateral investment treaty signed recently between SA and
Zimbabwe will
protect future investors where expropriation and compensation
are involved,
a law firm said on Wednesday.
"The treaty offers South
Africans with investments in Zimbabwe the best
protection yet," Werksmans
Attorneys director Roger Wakefield said in a
statement.
"There is no
doubt that this provision gives South African investors much
more clout to
protect their assets in Zimbabwe."
The treaty protected investors
affected by expropriation after November 27,
2009, the date on which the
agreement was signed.
"Although it does not assist South Africans who
have already lost
investments in Zimbabwe, the Bilateral Investment
Promotion and Protection
Agreement does at least provide protection [in
future]."
According to the treaty investments may not be nationalised or
expropriated,
except for public purposes, under due process of the law, on a
non-discriminatory basis and for prompt, adequate and effective
compensation.
"Secondly, any investor affected by expropriation will
have the right to
state their case in a court of law or other independent
and impartial
forum."
It also gives investors the right to settle
disputes with the government of
the host country by turning to the
Washington-based International Centre for
the Settlement of Investment
Disputes.
On Friday the High Court in Johannesburg ordered the South
African
government to compensate Free State farmer Crawford von Abo for
property
seized from him in Zimbabwe.
Local authorities had failed to
provide diplomatic protection when Mugabe's
government seized 11 of Von
Abo's farms in Zimbabwe.
Although damages had yet to be calculated, they
could amount to R500
million.
Von Abo, who began farming in Zimbabwe
50 years ago, was arrested for
"trespassing" on his main farm in 1997. He
spent time in a Zimbabwean jail
as ruling party Zanu-PF cracked down on
white farmers and expropriated their
land.
Wakefield said a bilateral
treaty, legally binding on two governments,
carried much more weight than
other mechanisms, such as the SADC tribunal,
"which have to date proved
toothless in enforcing compensation orders".
In November 2008, the
tribunal ruled the Zimbabwean government had
wrongfully removed 78 white
farmers from their land. It ordered the
government to compensate the farmers
for their losses.
The Zimbabwean government however refused to comply,
saying the tribunal had
no authority over Zimbabwe. In September last year
Zimbabwe formally
withdrew from the tribunal's jurisdiction. - Sapa
Health
system in 'high dependence unit': Minister
http://www.zimonline.co.za/
by Sebastian Nyamhangambiri
Wednesday 10 February 2010
HARARE - Zimbabwe's Health Minister
Henry Madzorera on Tuesday acknowledged
improvements in the country's health
delivery system but said it is still in
"high dependence unit" and would
remain so until the international community
chips in with more
funding.
"Our health delivery system is no longer in comma. It came out
of the comma,
the ICU (intensive care unit), and it is now out of hospital.
It is in the
streets," Madzorera told ZimOnline after receiving radio
communication
system from the International Organisation for Migration (IOM)
and funded by
the European Commission Humanitarian Aid Department (ECHO) to
help
Zimbabwean rural health centres combat cholera.
"But it remains
in high dependence unit. We still have some areas that we
still need to work
on such as effective reduction of epidemiology diseases
and improving
primary health care system," he added.
Zimbabwe's health delivery system
is, like most social services in the
country, is still recovering since
formation of a fragile coalition
government last year following a decade of
crippling economic decline under
President Robert Mugabe's previous
administration.
Nurses and doctors earn below $200 a month and use mostly
sub-standard
equipment, while public hospitals do not have adequate stocks
of medicines.
These conditions have shattered the health personnel's
morale and the
government has said it does not have money to raise civil
service salaries
by a substantial amount.
Receiving the equipment
from IOM, Madzorera said the government had
contained the cholera outbreak
in the 2009/2010 rainy season better than the
previous season with only five
lives lost and 149 people affected to date.
Last year the cholera
epidemic - that the World Health Organisation (WHO)
labelled the worst in
Africa in more than 15 years - killed 4 288
Zimbabweans out of 98 592
infections.
The situation could have been worse had it not been for
international aid
agencies which moved in to rescue the
situation.
IOM said one of the major challenges encountered in the
2008/2009 cholera
outbreak in Zimbabwe was inadequate communication between
rural health
centres and the district level.
This resulted in slow
reporting, slow responses, and diminished capacity at
the rural health
facility level to respond and treat cases, due to the
difficulty of relaying
their supply needs to the district level given the
poor communication
network in Zimbabwe.
IOM donated radio communications system worth R1,2
million which will be
used at 10 border posts and approximately 50 health
centres throughout eight
border area districts in fighting
cholera.
IOM chief of mission in Zimbabwe Marcelo Pisani said his
organisation was
committed to partner the government and other stakeholders
"to grapple with
the multi-faceted migration challenges facing
Zimbabwe".
"As high population mobility has the potential to lead to
widespread
transmission of certain infectious diseases, it is therefore
essential to
incorporate strong public health interventions targeting this
vulnerable
population into the overall national strategy in order to
mitigate potential
risks and to allow for efficient and effective response
and control efforts
addressing the emergence of diseases of public health
concern," said Pisani.
"In recent years Zimbabwe has experienced an
influx in population mobility
with people travelling throughout the country
and across borders in search
of employment and livelihood opportunities.
Irregular migrants and other
mobile populations often lack adequate access
to health services, and
therefore generally only receive emergency medical
assistance and may be
overlooked for communicable diseases and chronic
conditions."
Madzorera said he hoped that IOM would also chip-in with
assistance for TB
analysis at Zimbabwe's border posts adding; "A highly
mobile population has
plenty of health problems."
The donated
communication equipment will be distributed in border areas
including
Hurungwe, Mbire, Mt Darwin, Mudzi, Mutare, Chipinge, Chimanimani
and
Chiredzi.
Each district will get the equipment it needs to bridge the
communication
gap between rural health centres and district
hospitals.
The equipment will help the public health system to respond
faster to
cholera and other disease outbreaks, and to control their spread.
-
ZimOnline
Industrialists
urge full implementation of GPA
http://www.zimonline.co.za/
by Andrew Moyo Wednesday 10 February
2010
HARARE - Zimbabwe's apex industrial body, the Business Council
of Zimbabwe
(BCZ) called on President Robert Mugabe and Prime Minister
Morgan Tsvangirai's
12-month-old coalition government to resolve sticking
points to the shaky
power-sharing agreement to reignite foreign investor
confidence in the
country's ailing economy.
The BCZ, which includes
the Bankers Association of Zimbabwe, the Chamber of
Mines of Zimbabwe, the
Commercial Farmers' Union (CFU) and the Zimbabwe
Council for Tourism said it
was both worried and surprised that one year
after the agreement was sealed
promising to institute reforms, farm
invasions had hit alarming levels,
controversial mining laws were still to
be finalised and government was
pinning hopes on a soccer tournament in
another country to revive its own
economy.
It said critical offshore capital was still on hold for the
capital-intensive mining sector, while investor confidence in farming had
remained low because the three political parties in the power-sharing
government appeared to be putting self-interest ahead of national
interest.
"The economy now requires significant investment across the
board for the
next phase to increase GDP," the BCZ said on Monday in a
report compiled
after its first 2010 meeting on January 20.
"It is
going to be difficult to grow the economy without capital injections.
Capital will flow into the country once a stable political and economic
environment is put in place. To reduce the perceived risk of Zimbabwe as an
investment destination, the political parties are urged to put interest of
the nation ahead of their own interests and conclude the matters related to
the full implementation of the GPA so that they can start talking with one
voice," the BCZ said.
Mugabe, Tsvangirai and Deputy Premier Arthur
Mutambara signed the global
political agreement (GPA) in September 2008
leading to the formation of the
government of national unity last February.
The administration has done well
to halt rampant inflation and set the
economy on the recovery path but its
efforts continue to be hampered by
unending squabbles over full
implementation of the GPA and failure to
attract direct foreign investment.
"Council noted the uncertainties
generated by the delayed finalisation of
the amendments to the Mines and
Minerals Act and workable indegenisation and
economic empowerment framework
for the capital intensive mining industry.
The view expressed was that the
benefits of the 2010 World Cup are over
exaggerated. The tournament is
happening in South Africa and not in
Zimbabwe. Council felt there should be
more energy put into attending to the
more fundamental issues such as
infrastructure, education and agriculture,
added the
statement.
"Council urges all those involved in the finalisation of
indegenisation and
economic empowerment to be pragmatic and realistic in
view of the need to
attract capital into the industry," it added.
In
the past few weeks, fresh farm invasions have been reported in Zimbabwe's
volatile commercial farming sector with the Zimbabwe Tobacco Association
saying in January at least 50 of its remaining 150 members in Zimbabwe faced
eviction by the end of April if government presses ahead with its
intentions.
The BCZ, in its first full report following its formation
in mid-2009, said
it was surprised that a government publicly showing thirst
for investments
would continue to evict farmers.
"Council expressed
surprise and worry at the continued reported farm
disturbances. This affects
confidence building for both local and foreign
investors. It was observed
that confidence among farmers, including new
farmers, remains
low."
The industrial body said substantial efforts had to be put in place
during
2010 to improve power supply and it would be working with ZESA
Holdings in
planning and implementing an investment programme for the power
sector. -
ZimOnline
The
rot started many years ago: Gubbay
http://www.zimonline.co.za/
by Justice Anthony Gubbay Wednesday 10
February 2010
The progressive erosion of the rule of law in
independent Zimbabwe, Third
International Rule of Law Lecture:
Bar of
England and Wales, Inner Temple Hall, London
Wednesday 9 December
2009
The Honourable Justice Anthony R Gubbay
When several months
ago I received an invitation to deliver the third annual
International Rule
of Law lecture, I was not only surprised, but extremely
delighted. It is an
honour and a privilege for one whose career in the law
began, and ended, in
a country many thousands of miles away, whose system of
law is founded on
old Roman Dutch principles, to have been chosen to grace
this auspicious
occasion. Yet, it is an undeniable fact that whatever system
of law is
applicable, whether it is the English common law, the Napoleonic
Code, my
own, or that of other countries, the rule of law forms an essential
foundation in any democratic system of governance. It is a concept of
universal validity and application. It embraces those institutions and
principles of justice which are considered minimal to the assurance of human
rights, and the dignity of man.
Although there is a wide variety of
jurisprudential thought on the complex
concept of the rule of law, it is
generally accepted that a society in which
the rule of law prevails is one
in which a climate of legality, observance
of the law and an effective
judiciary, are evident. It is a society in which
no man is punishable, or
can be made to suffer bodily or proprietary loss,
except for a breach of the
law as established by ordinary courts of the
land. It does not mean the
protection of vested interests, or unfair
exploitation in society. It means
the emancipation of the spirit of
humankind from coercive constraints of
fear, inequality and want. It
requires that everyone should be subject to
the law equally, and that no one
should be above the law; that law
enforcement agencies and the courts
enforce and apply the law
impartially.
Rule of law
The rule of law is the antithesis of the
existence of wide, arbitrary and
discretionary powers in the hands of the
executive. It is a celebration of
individual rights and liberties, and all
the values of a constitutional
democracy, characterised by the absence of
unregulated executive or
legislative power. It is a society in which the
rule of law is observed,
through the mechanism of judicial review. Executive
decisions and
legislative enactments, outside the framework of the law, are
declared
invalid, thereby compelling both the executive and the legislature
to submit
to enjoyment, by the individual, of all rights and liberties
guaranteed by
the constitution.
An independent judiciary and legal
profession are critical elements of the
rule of law. The bedrock of a
constitutional democracy is an independent
judiciary. A judiciary which is
not independent from the executive and
legislature renders the checks and
balances inherent in the concept of
separation of powers
ineffective.
Avowed policy
It is a matter of concern that during
the eight-year period preceding the
recent formation of the coalition
government in Zimbabwe, the avowed policy
of the executive was to appoint as
judges to both the Supreme and High
Courts, persons known to be sympathetic
to its political ideology. In this
it has been successful. The Supreme Court
soon lost four of its five judges,
with its composition being increased to
eight; it is now six. The High Court
lost eight of its judges, most of who
resigned in the face of personal
adversity. The vast majority of all the
judges, including the Chief Justice,
perceiving the unending land invasions
as a political and not a legal issue,
have gratefully accepted free
occupation of large tracts of the most
productive agricultural land,
expropriated from white commercial farmers. In
so doing they have
compromised their judicial independence, seemingly
pre-judged the legality
of the fast-track land programme and associated
issues, and seriously
breached the rule of law, which they are oath bound to
protect and
enforce.
Moreover, about two years ago, it was widely reported that the
Reserve Bank
of Zimbabwe had supplied judges with flat screen television
sets, satellite
decoders and generators, at no charge. A payment or
perquisite accepted by a
judge from any source other than the treasury
inevitably raises the taint of
undue influence. (Political interference with
the judiciary was confirmed in
the 2004 report to the International Council
of Advocates and Barristers,
entitled 'The State of Justice in Zimbabwe', by
a team of eminent jurists,
chaired by Stephen Irwin QC. At the end of
October 2009, Desmond Browne QC
led a fact-finding mission to Zimbabwe on
the ability of lawyers and judges
to exercise their professional duties
independently. The report is due
shortly.)
Constitution of
Zimbabwe
The Constitution of Zimbabwe places particular significance on
the rule of
law, specifically in the context of Chapter III rights. So, for
instance,
the rule of law is encapsulated in the preamble to the Declaration
of
Rights. Section eleven, which constitutes the 'the key or umbrella
provision'
of Chapter III, provides:
"Whereas persons in Zimbabwe are
entitled, subject to the provisions of this
Constitution, to the fundamental
rights and freedoms of the individual
specified in this Chapter, and whereas
it is the duty of every person to
respect and abide by the Constitution and
the laws of Zimbabwe, the
provisions of the Chapter shall have effect for
the purpose of affording
protection of those rights and freedoms subject to
such limitations on that
protection as are contained herein, being
limitations designed to ensure
that the enjoyment of the said rights and
freedoms by any person does not
prejudice the public interest or the rights
and freedoms of other persons."
This means that conduct negatively
impacting on the constitutional rights of
an individual may only be embarked
upon in so far as such impacting is
constitutionally permitted, and subject
to the Constitution and other laws
of Zimbabwe. Conduct that infringes
constitutional rights, but which is not
constitutionally authorised is,
therefore, unlawful.
Zimbabwean law
The importance of curial
supervision and compliance with court orders is
likewise deeply entrenched
in Zimbabwean law. As the Supreme Court held over
two decades
ago:
"When the executive ignores the orders and judgments of the courts
there is
the inevitable breakdown of law and order, resulting in uncivilised
chaos
because the courts cannot enforce their own orders. Their jurisdiction
and
duty end after the delivery of judgment. The history of this case leans
more
towards that which is undesirable than that which is desirable in order
to
uphold the rule of law."
In Rhodesia (as Zimbabwe was known prior
to independence), especially under
the Smith government, the rule of law was
often not observed. The
declaration of rights, in a series of constitutional
enactments, was not
justiciable. Fundamental human rights were violated with
impunity. The
legislature and the executive were able to deny indigenous
people their
political rights. A system of inequality, similar to apartheid,
was in
existence. Many legislative enactments were instruments of violation
of
human rights. Elaborate legislation, which seriously infringed rights,
freedoms and liberties, was in place. The law lacked legitimacy in that it
was not enacted by representatives of the population as a whole. Although
judicial review existed, its reach and significance were limited. The
legislature, not the law, was supreme. It was not rooted in democratic
values. Accordingly, the fundamental basis for a constitutional democracy
and observance of the rule of law was absent.
Zimbabwe attained
legitimate independence from Britain, and became a
Republic in the British
Commonwealth, on 18 April 1980. On the same day the
Constitution (created at
the Lancaster House Conference, towards the end of
the previous year) came
into force. It contains a justiciable Declaration of
Rights. Chief among the
rights protected are the right to life; the right to
personal liberty; the
right to freedom of conscience, expression, assembly
and association; the
right not to be subjected to torture or inhuman or
degrading punishment or
treatment; the right to be afforded a fair trial
within a reasonable time by
an independent and impartial court; the right to
freedom from discrimination
on the ground of race; and the right to
protection from deprivation of
property.
Early years of independence
In the early years of
independence the main area of conflict between the
judiciary and the
executive involved cases of detention without trial; that
is, a deprivation
of liberty permitted, subject to certain conditions under
the law of
Zimbabwe, during a declared period of public emergency. The state
of
emergency, which had been declared by the Smith government at its
unilateral
declaration of independence on 11 November 1965 and extended
repeatedly
every six months, was kept in force by the new government for 10
years.
The first blatant failure to comply with court orders occurred
in the case
of the York brothers. In January 1982, two farmers, the York
brothers, were
arrested and charged with the illegal possession of arms of
war. The state's
most important witness left the country before the trial. A
statement made
by one of the accused to the police, apparently admitting the
crime, was
ruled by the trial court to be inadmissible, because it had been
made as a
result of police threats to arrest his family. The state case
collapsed and
the brothers were acquitted. The government, however, ordered
their
immediate detention. The High Court held that the detention was
illegal as
the state had failed to comply with the conditions of detention.
The
brothers were then re-detained on fresh detention orders, but had to be
released a second time as the orders still did not comply with the necessary
conditions. Again they were re-detained in terms of new orders.
It
was only after this third attempt that the High Court ruled that the
detention orders were validly made. The spurious reasoning advanced was that
they were being held under 'investigative' detention as opposed to
"preventive" detention. Hence those rights guaranteed by the Constitution as
applicable to preventive detention were not available to the detainees. Not
unexpectedly this decision was criticised as being an exercise in
semantics.
Series of mistakes
On the plain facts there was no
conflict between the executive and the
judiciary. The Minister of Home
Affairs, responsible for the police, had
made a series of mistakes, and the
courts were unable to uphold the
detentions until those mistakes had been
rectified. However, a statement
made by the minister to the court during the
second detention hearing,
declaring that no information would be forthcoming
as to where the detainees
were being held, even in the face of a court order
to that effect, was
indicative of just such a conflict. The same minister,
speaking in
Parliament, accused the judiciary of dispensing 'injustice by
handing down
perverted pieces of judgment which smack of subverting the
people's
government'. He went on to attack the legal profession as a whole
in the
following paranoid terms:
"We are aware that certain legal
practitioners are in receipt of moneys as
paid hirelings, from governments
hostile to our own order, in the process of
seeking to destabilise us, to
create a state of anarchy through the
inherited legal apparatus. We promise
to handle such lawyers using the
appropriate technology that exists in our
law and order section. This should
succeed in breaking up the unholy
alliance between the negative bench, the
reactionary legal practitioners and
governments hostile to us, some of whose
representatives are in this
country."
The statement clearly represented a threat to both the
independence of the
judiciary and the rule of law. Members of the law
society met the Minister
of Justice to express their concern. The Chief
Justice, after consulting the
Minister of Justice, also issued a statement
expressing concern at the
attack upon the judiciary and the legal
profession. The Minister of Justice
himself put out a press release to the
effect that the government recognised
the role which an independent
judiciary is to play in the sustenance of
democratic order; and that it was
government's belief that the executive and
judiciary should complement each
other in the fulfilment of their functions.
Government's
position
Although the statement of the Minister of Justice contained much
that could
be seen as recognising and supporting the independence and
effectiveness of
the judiciary, confusion remained as to the exact nature of
the government's
position on the issue. This was because a few days earlier
Prime Minister
Mugabe had said in Parliament:
"The government cannot
allow the technicalities of the law to fetter its
hands in what is a very
clear task before it, to preserve law and order in
the country. We shall,
therefore, proceed as government in a manner we feel
as fitting; and some of
the measurers we shall take are measures which will
be extra
legal."
Taking extra-legal measures meant disobeying the law. The words
clearly
conveyed that it was government's policy to disobey the law whenever
it
considered such disobedience necessary for the preservation of law and
order.
With the knowledge of hindsight, I do not believe that this
criticism and
disobedience of the judiciary by the executive can be
dismissed as mere
teething trouble - as the manifestation of a newly elected
government
flexing its muscles after emerging from a lengthy period of
oppression under
white minority rule.
A further controversial episode
occurred in 1983, when six white officers of
the Zimbabwe air force were
charged with being involved in a serious
sabotage attack on an air force
base. The only evidence against them was
signed confessions which they
alleged were obtained as a result of torture.
The trial judge found that all
the accused were denied access to their legal
representatives prior to
making the confessions; and also that the
confessions were made as a result
of fear after sustained physical and
mental torture. Accordingly, he held
that the confessions were inadmissible,
and the accused were acquitted. They
were placed in preventive detention
immediately upon release, but only for a
short period. They were then
deported from the country.
An appeal by
the Attorney-General to the Supreme Court which, as it
happened, was
comprised of three white judges, all appointed prior to 1980
(I was one of
them), was dismissed. That decision was condemned by the
Minister of Home
Affairs. He accused the judges of "class bias and racism".
No contradiction
of that false statement was made by any other minister, or
by the
Attorney-General.
Detention without trial
There is little doubt
that during this early period the frequent use of
detention without trial,
both in instances where the courts had previously
acquitted the detainees,
and to circumvent the judicial process, amounted to
an erosion of the rule
of law. So did the government's stance in simply
ignoring court orders to
pay damages to victims (considered to be political
enemies) of human rights
violations. Since the State Liabilities Act
prohibits execution, or
attachment or process in the nature thereof, against
state property, there
is no legal remedy against such refusal. Furthermore,
damage awards cannot
be enforced through contempt orders. Thus, whether or
not to compensate is
left to the state's discretion.
In 1988 the case that brought the
judiciary into conflict with the
legislature was that involving the former
prime minister of Rhodesia, Ian
Smith. The facts were simply that, as a
member of Parliament, Smith had been
found guilty of contempt of Parliament
in respect of utterances he had made
in South Africa in support of apartheid
policies, and in opposition to the
imposition of economic sanctions against
South Africa. He was suspended from
service of Parliament for one year and,
in addition, declared disentitled to
receive salary and allowances during
that period. Smith applied to the High
Court for an order declaring unlawful
the punishment depriving him of his
remuneration. At the hearing, the
Speaker produced a certificate which
sought to stay the proceedings on the
ground of parliamentary privilege. The
High Court came to the conclusion
that the Speaker's certificate was
conclusive and stayed the proceedings. On
appeal, the Supreme Court had no
hesitation in holding the decision to be
wrong. First, it was pointed out
that when a certificate from the Speaker is
produced, stating that the
matter is one of parliamentary privilege, the
court must examine the
certificate in order to establish the legitimacy of
the privilege claimed;
and secondly, that the monetary deprivation imposed
was illegal and in
conflict with the Constitution. That part of the
punishment (but not the
suspension) was set aside.
Legislature is
supreme
The Speaker was furious. He refused to recognise and give effect
to the
Supreme Court judgment. He maintained that no court of law can
question a
decision made by Parliament. He said that he would not pay Smith
unless
Parliament reversed its decision to suspend him without pay. He
suggested
that Parliament might have to "liberate itself from the Supreme
Court
judges; that the judiciary should not interfere with the legislature
because
the legislature in all Commonwealth countries is supreme". These
statements
could not be allowed to go unchallenged. The Supreme Court
judges, the Bar
Council and the Law Society, expressed concern at the
attitude of the
Speaker which sought to undermine the authority of the
court. It was said:
"The judiciary is the watchdog of the country's
constitution. If the
legislature or the executive can disregard it at will,
there is no way that
the people's rights can be guaranteed. We may as well
tear up that document
we call our constitution."
It was only after he
had sought and obtained the authority of Parliament
that the Speaker paid
Smith. He refused to back down. So the conflict was
finally
resolved.
Clearly, the gravest abuse of law and order, during the first
decade of the
country's independence, occurred in the Matabeleland and
Midlands provinces.
A purported threat of "dissident" ex-guerrilla fighters
led to a
counter-insurgency war, commonly known as the "Gukurahundi" (the
word refers
to the first rain of summer that washes away the chaff from the
previous
season). In official operations by the national army's notorious
North
Korean trained fifth brigade, which was directly responsible to Robert
Mugabe, several thousands of innocent civilians were massacred or simply
disappeared. Some estimates put the number at up to 10 000 civilians.
Thousands more were arbitrarily detained, brutally assaulted and often
tortured. In a 1982 speech to Parliament, Mugabe accurately presaged the
violence in these words:
"An eye for an eye and an ear for an ear may
not be adequate in our
circumstances. We might very well demand two ears for
one ear and two eyes
for one eye."
Unanimous vote in
Parliament
For the initial 10 years of its life the Declaration of Rights
in the
Constitution of Zimbabwe could only amended by a unanimous vote in
Parliament. Not surprisingly there were no amendments to any of the rights
provisions. From 11 May 1990, however, amendments to the Declaration of
Rights, as well as any other provision of the Constitution, may be passed
upon a vote by two-thirds of the members of Parliament.
During the
period 1991-2000 the Parliament of Zimbabwe passed several
amendments to the
Declaration of Rights to the disadvantage of the
individual. In early 1991
Parliament passed Constitution of Zimbabwe
Amendment (No.11). Two saving
provisions were added to section 15 (1) (the
protection against inhuman or
degrading punishment or other such treatment).
The first enacts that
corporal punishment inflicted upon a male under the
age of 18 years shall
not be held to be inhuman or degrading. This amendment
effectively overruled
the decision of the Supreme Court. It also runs
counter to article 5 of the
African Charter of Human and People's rights and
to the United Nations
Convention on the Rights of the Child. The second
provision specifically
allows sentence of death to be carried out by the
method of hanging. The
reason for this amendment was that the Supreme Court
had been due to hear a
test case in which argument was to be presented on
the question of whether
execution by hanging was a violation of section 15
(1). Both the State and
the defence had been required to adduce evidence as
to the reliability of
the various procedures and precautions adopted in
execution by hanging; and
to address the physical pain and mental anguish to
which the condemned
person is subjected by such method. The amendment
pre-empted the court from
deciding the controversial issue. The Minister of
Justice announced to
Parliament that the amendment was necessary "in order
to prevent the Supreme
Court from doing away with the death sentence (a
punishment sanctioned under
the Constitution) via the back door".
Eleventh amendment
The
eleventh amendment also altered section 16, the protection against
deprivation of property without compensation. It reduced the amount payable
in the event of expropriation from "adequate compensation payable promptly"
to "fair compensation payable within a reasonable time". It also removed the
right of an expropriatee to challenge in a court of law the fairness of any
compensation awarded.
In 1993 Parliament passed a further amendment
to section 15 (1) in order to
overcome the Supreme Court judgment that an
inordinate delay in carrying out
a death sentence amounted to inhuman
treatment.
Constitutional Amendment Act (No. 14), promulgated on 6
December 1996,
amends section 22 (which had been interpreted by the Supreme
Court to permit
the foreign husband of a Zimbabwean citizen to reside
permanently in the
country, and engage in employment or other gainful
activity), so as to grant
neither foreign husbands nor foreign wives, of
citizens, residence as of
right in Zimbabwe by virtue of marriage.
On
19 April 2000, just two months before the general election was due to be
held, Constitutional Amendment Act (No. 16) was passed. Whereas previously
the owner of agricultural land compulsorily acquired for resettlement of
people had to be compensated, the amendment spelt out that such obligation
no longer pertained; it was the exclusive responsibility of the former
colonial power to do so. This provision, read in context, refers to
compensation with respect to the soil. It does not absolve the government
from liability to compensate for improvements effected upon the land,
though, unfairly, such compensation may be paid in instalments over a period
of time.
But the ultimate prohibition of access by commercial farmers
to the courts
came in the form of Constitutional Amendment Act (No.17),
promulgated on 14
September 2005. It effectively vests the ownership of
agricultural land,
compulsorily acquired for resettlement purposes in
conformity with the land
reform programme, in the state; and ousts the
jurisdiction of the courts to
entertain any challenge concerning such
acquisition.
Constitutional Amendments 16 &17 have been roundly, and
aptly, condemned as
being:
" . . . without modern parallel in any
constitutional democracy worthy of
its name. They set Zimbabwe apart from
all member states of SADC, the
British Commonwealth and the African Union,
which function as constitutional
democracies. They violate Zimbabwe's
international law obligations, most
immediately through its membership of
the African Union. They entail the
abrogation of constitutionalism and
elevate the fiat of the executive and
legislature over the entrenched core
provisions of the Constitution. They
certify the existence of a totalitarian
state."
Essence of a constitution
The essence of a constitution is
that it should, among other things, lay
down the rules of conduct for state
organs. Parliament, which is established
and exists in terms of the
constitution, should be subordinate to it. It
should not be able to change
the constitution and diminish or dilute the
scope of a fundamental right or
protection, whenever it considers it
politically expedient to do
so.
Another manner in which the rule of law has been undermined, is by
the
unreasonable utilisation of the Presidential Pardon. In terms of section
31I
of the Constitution, the President has a right to grant a pardon,
amnesty or
clemency, to convicted prisoners. There are no set criteria upon
which this
power is exercised, and in the absence of such, abuse has been
inevitable.
What has been happening over the years is that the President has
been using
this pardon to free those of his political party, or members of
the Central
Intelligence Organisation (CIO), convicted of politically
motivated crimes.
An instance of the flagrant abuse of the Presidential
Pardon is the Kombayi
case. Patrick Kombayi, a flamboyant businessman,
contested as an opposition
political candidate for the City of Gweru
constituency in the 1990 general
election. During the run up to the
election, there were indications that his
opponent, the ruling party's
candidate and Vice President, could be
embarrassed. As a result there was
much violence and tension in Gweru, the
culmination of which was the almost
fatal shooting of Kombayi, by a member
of the CIO and a party loyalist.
These two men were ultimately convicted and
sentenced to long terms of
imprisonment by a magistrate's court. Their
appeal to the Supreme Court was
dismissed. Within a day of that order, the
President published a
proclamation pardoning the two criminals.
Gross breach of rule of
law
More unforgivably, Clemency Order of 1998 pardoned all human rights
violations and atrocities perpetrated during the so-called Gukurahundi
war.
A gross breach of the rule of law, absent any hint of legitimacy,
occurred
in January 1999, with the arrest, detention, interrogation and
torture, by
the army's military police of two journalists over an article
they published
in a daily newspaper about an alleged coup plot by a few
officers. The
journalists were held for over a week before being placed in
the custody of
the police. Neither the President, nor any minister, nor the
commissioner of
police, openly complained that the action of the military
authority was in
violation of the law. There was no expression that the
power to arrest and
detain civilians vested solely in the police working
with the courts. The
perception was, therefore, that the military authority
may operate beyond
the reach of the law; this more especially when the
President announced
publicly that the journalists had forfeited their right
to legal protection
by having acted in such a grossly dishonest manner. The
reason for
non-intervention professed by the commissioner of police was
"because the
nature of the enquiry involved highly sensitive matters of
national security
which could not be dealt with by my officers". To complete
the scenario: The
journalists laid criminal charges against the perpetrators
of their illegal
detentions and torture. Both the Attorney-General and the
commissioner of
police exhibited not the slightest interest in investigating
the complaints.
In the event, the journalists sought, and were granted, an
order from the
Supreme Court directing the commissioner of police to
institute a
comprehensive and diligent investigation of the offences alleged
to have
been committed with a view to the prosecution of all persons against
whom
there was a reasonable suspicion of complicity. Regretfully, nothing
was
done to bring the offenders to justice. The commissioner of police
simply
refused to perform a duty imposed upon the police force by the law of
the
land.
Government sponsored draft constitution
Undoubtedly
the pivotal event of the year 2000 was the rejection of the
government
sponsored draft constitution, in mid February, by 54 percent of
the voters
in a referendum. It sparked off a series of extreme responses
from
government that all but destroyed the rule of law, and has had ruinous
international and economic consequences for the country.
A few days
after the referendum results were announced, there were
large-scale,
synchronised invasions of white owned agricultural land, 86
percent of which
had changed hands since independence, and only after
government declined to
exercise options to purchase and issued certificates
of "no present
interest".
The initial invasions were followed by a massive and rapid
expansion of the
process, which required considerable pre-planning and
logistical support.
There was substantial government involvement in carrying
out the invasions.
Prospective occupiers were transported in an assortment
of government
vehicles to the farms which had been targeted. Once in place,
the occupiers
received monthly payments and regular food supplies which were
delivered in
government vehicles.
Only a small number of the invaders
were actually war veterans; most were
too young to have taken part in the
liberation struggle. Many probably
participated in the exercise primarily
because they were unemployed and had
been offered payment; although some did
so because they wished to obtain
land. There is little doubt that government
orchestrated the initial farm
invasions, and once underway, condoned and
supported them.
The unlawful countrywide occupation of white owned
productive agricultural
land resulted in an application being brought before
the High Court by the
Commercial Farmers Union. The order sought was against
the chairman of the
War Veterans Association and the commissioner of police.
It was granted by
consent on 17 March 2000. It declared that the occupation
of farms by
persons claiming a right to do so, in pursuit of an entitlement
to
demonstrate against the iniquity of land distribution, was unlawful. All
such persons were ordered to vacate within 24 hours. The commissioner of
police was directed to instruct his officers and members to enforce the
law.
Right of occupation
Despite having agreed to the order, the
commissioner of police applied
within a few days to amend it on the ground
that he did not have the
manpower to effect the removal of those in unlawful
occupation; and that, in
any event, their right of occupation merited a
political and not a legal
solution; and as such, was not promotive of the
rule of law. The amendment
was refused. The order stood. It was not,
however, obeyed. The President
criticised it as nonsensical. This it clearly
was not. To have ruled any
other way would have amounted to a violation of
the law. The unlawful
occupations, with the encouragement of government,
proceeded at an
accelerated pace.
Then there was another order by
consent, this time granted by the Supreme
Court. The order again declared
that the entry of uninvited persons on
commercial farming properties was
unlawful. It required the respondents, who
were the ministers most closely
concerned with agricultural land reform, the
commissioner of police, and
those under their control, not to give sanction
to the entry, or continued
occupation, of farms, by persons involved in
resettlement, until all legal
requirements and procedures had been
fulfilled. The order was not meant to
prevent the government from pursuing
land resettlement. Certainly, that was
neither the objective nor the policy
of the courts. The effect of the order
was that land resettlement should be
carried out within the framework of the
Constitution, and in compliance with
the provisions of the Land Acquisition
Act; and not by unlawful invasion.
Finally, in this regrettable saga, the
Supreme Court once more declared that
the relevant ministers and the
commissioner of police should comply
immediately with the prior orders. It
was said:
"Wicked things have been done, and continue to be done. They
must be
stopped. Common law crimes have been, and are being, committed with
impunity. Laws made by Parliament have been flouted by the government. The
activities of the past months must be condemned."
In elucidation it
was pointed out that:
"The settling of people on farms has been entirely
haphazard and unlawful. A
network of organisations, operating with complete
disregard for the law, has
been allowed to take over from government. War
veterans, villagers and
unemployed townspeople, have simply moved on to
farms. They have been
supported, encouraged, transported and financed, by
party official, public
servants, the CIO and the army. The rule of law has
been overthrown in the
commercial farming areas and farmers and farm workers
on occupied farms have
been denied the protection of the law."
Land
distribution is political
The order made was, likewise, ignored. The
official stance taken up was that
land distribution is a political and not a
legal matter, which cannot be
resolved by the application of "the little law
of trespass". The courts were
to keep out of the arena. The President said
that he would not allow the
police to move against the farm invaders, who
are merely taking over land
which was "stolen" from blacks by
whites.
It is completely unacceptable to qualify the rule of law in this
way. Rulers
who pick and choose which laws they wish to obey by defining
certain matters
as "political", because it suites them, thereby vitiate the
principle of
equality before the law, setting one standard for themselves
and another for
the people they govern. That is at variance with elementary
justice as well
as international norms.
In October 2000 the President
issued Clemency Order No.1. It granted an
amnesty to those who kidnapped,
tortured and assaulted people and burnt
people's houses and other
possessions, as a way of politically intimidating
them during the period
from 1 January to 31 July 2000; (that is, in
connection with 12 and 13
February Constitutional Referendum, and 24 and 25
June elections). The
amnesty meant that those arrested and facing trial for
such serious offences
were released, and no new investigations and
prosecutions may take place
into their crimes.
In the main, these crimes were committed by loyalists
of the ruling party
against supporters, actual or perceived, of opposition
political parties.
The effect of the amnesty created the belief that
political violence will be
condoned and those responsible for it are above
the law, and will go
unpunished. This is extremely dangerous. It sends the
wrong signal,
suggesting that election related violence will be tolerated -
a bad
precedent for future elections. There are reports of persons who have
benefited from the amnesty taking violent action against those who reported
them to the police. In the words of Amnesty International:
"This
pardon represents a lost chance for justice and the possibility of
breaking
the cycle of impunity that has riddled Zimbabwe. By failing to
tackle
impunity for gross human rights abuses, the order provides no
deterrent
either to continuing human rights abuses or contempt for
international human
rights law."
Other disturbing conduct
Other disturbing conduct at
about this time was the harassment of the High
Court and Supreme Court
judges by war veterans and followers. They called
upon judges to resign or
face removal by force. The Minister of Information
spearheaded this campaign
by accusing the Supreme Court of being biased in
favour of white landowners
at the expense of the landless majority. He
called on me to
resign.
Such attacks show total disrespect for the rule of law and the
process of
the Constitution which guarantees judicial independence. Judges
should not
be made to feel apprehensive of their personal safety. They
should not be
subjected to government intimidation in the hope that they
would become more
compliant, and rule in favour of the executive. They
should not face
anything other than legitimate criticism arising from what
was done in the
discharge of judicial duty.
The invasion of the
Supreme Court building on the morning of 24 November
2000, by close to two
hundred war veterans and followers, was nothing but
disgraceful. In the
course of entry the policeman on guard was assaulted.
The mob rushed from
the main entrance through the building to the courtroom,
where the judges
were about to hear a constitutional application brought by
the Commercial
Farmers Union. They shouted political slogans and even called
for the judges
to be killed. They stood on chairs, benches and tables, in a
gesture of
absolute contempt for the institution of the courts as the third
essential
organ of a democratic government. Such deplorable behaviour sent
the
clearest message that the rule of law was not to be adhered to. The
invasion
lasted an hour. It disrupted, as it was intended to do, the
proceedings of
the court. There is good reason to believe that it had been
instigated and
organised by the Minister of Information.
Unfounded
criticism
Disappointingly, yet expectedly, there was no official
condemnation of the
incident. Not a word was heard from the President, the
Minister of Justice,
or the Attorney-General. Only the president of the law
society spoke out
boldly against it, as he had done on previous occasions
when the judiciary
and been the subject of threats or unfounded criticism.
To him, and the
legal profession he represents, got much appreciation for
the support shown
to the judiciary.
On 14 December 2000, President
Mugabe, speaking at his party's congress,
disowned the courts. With
reference to the land issue he said:
"The courts can do what they want.
They are not courts for our people and we
shall not even be defending
ourselves in these courts."
One year later the present Chief Justice,
with the concurrence of three
newly appointed judges, predictably set aside
the Supreme Court's earlier
judgment, and endorsed the government land
acquisition policy. There was one
dissention. The majority found that the
government had taken sufficient
steps to restore the rule of law on
commercial farms. It had achieved this
by passing the Rural Land Occupiers
(Protection from Eviction) Act, which
legalised the unlawful occupations of
land that had taken place; and the
facts established that the police were
adopting adequate measures to prevent
crime in the commercial farming areas.
The ratio for this volte face is
highly questionable. Non-the-less, the
majority decision provided the legal
legitimacy from the highest court that
the government had been seeking for
its "land" programme. It allowed the
government to claim that the entire
programme is lawful, constitutional and
in accordance with the rule of law.
This is blatantly not
so.
Historical imbalances
The fast-track land reform programme
remains much in force today. In theory
it was meant to correct "historical
imbalances", and to hand land to
landless black Zimbabweans, through a
one-man one farm policy. Pursued in a
most chaotic, ruthless, uncontrolled
and violent manner, it has resulted in
about 4 500 white commercial farmers
being forced off their land, and 350
000 farm labourers being deprived of
their livelihood. The grave atrocities
committed against white farmers are
legend. In 2000 alone seven suffered
violent deaths at the hands of the
invaders (the deaths now total 16). Many
others have been suffered acts of
attempted murder, grievous assaults,
torture, abduction and trauma; their
homesteads looted and often set on
fire, valuable farm equipment and crops
stolen or destroyed, and productive
land senselessly ravaged. Farm labourers
have been intimidated, threatened
and beaten mercilessly. The victims have
been denied the protection of the
police; the pretext being that the
occupation of land is a political and not
a legal issue. Any intervention
provided is solely to enable the invaders
assume control of land. The
reality is that in commercial farming areas
throughout the country, the rule
of law has become a myth.
There has been little improvement in the
country's steep economic decline,
wide spread food shortages, high
unemployment and politically motivated
violence, since the formation of the
unity government on 11 February this
year. And this, notwithstanding, that
the Global Political Agreement,
reached on 15 September 2008, committed the
opposing political parties to a
cessation of violence, the conduct of a
comprehensive, transparent and
nonpartisan land audit (which was not to
reverse the land-reform programme,
but to do away with multiple farm
ownership), and to ensuring security of
tenure for all landholders, with
land to be given irrespective of race.
Yet, in a document, dated as
recently as 27 August 2009, the Ministry of
Lands and Resettlement
effectively withdrew from the undertaking to compile
a land audit, citing an
insufficiency of funding. It now recommends that:
(a). land
acquisition and redistribution should continue given the
incremental demand
for land;
(b). no foreigner should be allowed to own rural
agricultural land;
(c). agricultural land should be excluded from the
protection afforded
by Bilateral Investment Promotion and Protection
agreements;
(d). prosecutions of farmers resisting to move off
acquired land should
continue.
In this year alone more than 80
commercial farms have been forcibly seized,
in accord with the stated
objective of the ZANU PF party that every white
farmer is to be removed from
agricultural land. Over 6 600 farm workers have
been made homeless by new
occupiers, who are not engaged in productive
farming. Violence is rife, with
little done to eradicate it. The number of
white commercial farmers has
shrunk to about 250. They are occupying land
greatly reduced in size, and
under constant and violent pressure of
eviction. At a conference held in
Pretoria at the end of September, the
president of the Commercial Farmers
Union, said:
"The situation is that we're receiving an even bigger hiding
than before.
Although everything seems to be fine on the outside, the rule
of law just is
not there. It's applied very selectively."
Valuable
personal possessions
Despite enduring constant threats, intimidation,
harassment, assaults,
arrests and much more, many commercial farmers have
fearlessly continued to
engage the government in legal proceedings in an
endeavour either to retain,
or regain, occupation of agricultural land, or
their valuable personal
possessions.
On 11 October 2007, and only
after the courts in Zimbabwe had refused them
relief, Mike Campbell
(Private) Limited and William Michael Campbell, filed
an application before
the Southern African Development Community (SADC)
Tribunal, contesting the
acquisition by the Republic of Zimbabwe of
agricultural land, pursuant to
the country's "fast-track" land reform
exercise. The challenge was based on
the ground that the land reform policy,
and compulsory acquisitions in terms
thereof, breached the SADC Treaty,
signed by President Mugabe on 17 August
1992, ratified by Parliament on 17
November 1992, and operational as from 30
September 1993. The Tribunal
comprised the former Chief Justice of
Mauritius, as President, and four
other eminent judges of the
region.
The challenge gave rise to several interlocutory applications.
The first
concerned a successful claim for interim relief pending the final
disposal
of the matter. The second involved the interventions of 77
additional
individuals who faced similar interferences with agricultural
land. That
application was granted and interim relief extended also to those
interveners.
In its judgment of 28 November 2008, the Tribunal found
that it had
jurisdiction to entertain the application. It further held,
unanimously,
that the applicants had been denied access to the courts of
Zimbabwe, and
that fair compensation was payable for the expropriation of
the land. It was
said:
"It is difficult for us to understand the
rationale behind excluding
compensation for such land, given the clear legal
position in international
law. It is the right of the applicants under
international law to be paid,
and the correlative duty of the respondent to
pay, fair compensation.
Moreover, the respondent cannot rely on its national
law, or its
constitution, to avoid an international law obligation to pay
compensation."
Majority of four to one
By a majority of four to
one, the Tribunal ruled that the applicants had
been discriminated against
on the ground of race, in breach of article 6(2)
of the Treaty. It
unanimously directed that the government take:
"all necessary measures,
through its agents, to protect the possession,
occupation and ownership of
the land of the applicants . . . and to take all
appropriate measures to
ensure that no action is taken, pursuant to
Amendment 17, directly or
indirectly, whether by its agents or by others, to
evict from, or interfere
with, the peaceful residence on, and of those farms
by, the
applicants."
And that those applicants, whose property had already been
expropriated,
were to be paid fair compensation by the government, on or
before 30 June
2009.
Despite the fact that in terms of article 32 (3)
of the Treaty the judgment
is final and binding, the government refuses to
comply with it.
On 18 December 2008, the deputy attorney-general stated
in writing that:
"the policy decision taken by the government to the
judgment is that all
prosecutions of defaulting farmers . . . should now be
resumed."
The minister responsible for land reform and resettlement said
that the
Tribunal was "day dreaming", and that the government was "not going
to
reverse the land reform exercise".
A speech delivered by the
Deputy Chief Justice on 12 January 2009, at the
opening of the legal year,
sought to impugn the judgment on the basis that
the Tribunal lacked
jurisdiction to hear and determine the case. The
following month, in the
course of his birthday celebrations, the President
denigrated the Tribunal's
decision as "nonsense" and "of no consequence".
Prosecutors and magistrates
were coached by the ministry of justice and the
attorney-general's office,
at various workshops around the country, on how
to react to the judgment,
which was disparaged as "not binding". Eviction
orders issued against white
farmers were to be complied with, as in the
past.
Serious and
persistent threats
In the wake of the continued seizure of more land from
the remaining few
white farmers, and numerous serious and persistent threats
to their very
lives, some of the beneficiaries of the judgment again turned
to the
Tribunal for legal protection. (The Campbell family were badly
assaulted
after the Tribunal had granted them an interim protection order,
before the
final hearing, in the course of which brutality they were given
papers to
sign seeking the abandonment of their case before the
Tribunal).
On 5 June 2009, the Tribunal, recognising the urgency of the
matter, issued
an ex tempore order directing the government's failure to
comply with the
judgment, to the SADC Summit for its attention, and granted
an order for
costs in favour of the applicants.
Prior to the holding
of the SADC Summit in early September 2009, at
Kinshasa, the government
decided to pull out of the SADC Tribunal after the
Minister of Justice
declared it "unlawful". In a letter delivered to the
Tribunal on 10 August
2009, the minister wrote:
"The purported application of the provisions of
the Protocol on Zimbabwe is
a serious violation of international law. There
was never any basis upon
which the Tribunal could seek or purport to found
jurisdiction on Zimbabwe
based on the Protocol which has not yet been
ratified by two-thirds of the
total membership of SADC. As we are unaware of
any other basis upon which
the Tribunal can exercise jurisdiction over
Zimbabwe, we hereby advise that,
henceforth, we will not appear before the
Tribunal and neither will we
respond to any action or suit instituted or be
pending against the Republic
of Zimbabwe before the Tribunal. For the same
reasons, any decisions that
the Tribunal may have or may make in future
against the Republic of
Zimbabwe, are null and void."
The validity of
the minister's opinion has been contested strongly by senior
counsel who
appeared before the Tribunal on behalf of the applicants, on the
following
grounds:
a) Zimbabwe is a signatory to the SADC Treaty.
b)
Zimbabwe is bound to the Protocol despite not ratifying it.
c) Zimbabwe
has conceded the SADC Tribunal's jurisdiction.
d) The SADC Tribunal has
held that Zimbabwe is subject to its jurisdiction.
It is the designated SADC
organ conferred by the Treaty with the authority
to interpret the provisions
of the Treaty; hence it is the body to decide
whether a State is bound by
the Treaty and the Protocol, and subject to its
jurisdiction.
Zimbabwe Lawyers for Human Rights
This view of
the controversy is shared unequivocally by the organisation
known as
Zimbabwe Lawyers for Human Rights. It points out that articles 35
and 38 of
the Tribunal Protocol, upon which the minister relied for the
averment that
the Tribunal was not properly constituted because it was not
ratified by
two-thirds of SADC members, were both repealed by article 16(2)
of the
Treaty. The effect was to make the Tribunal an integral part of both
the
Treaty and the Institution of SADC. The repeal specifically excluded the
Tribunal Protocol from the usual requirement for ratification before it
could come into force and effect.
On 15 and 16 September 2009,
representatives of the premier bar associations
and rule of law institutions
on the African continent, met in Arusha, and
issued a communiqué on the
status of the Tribunal. It expressed disapproval
of the reasons offered by
the minister of justice justifying his contention
that the Tribunal lacked
legitimacy; and supported the grounds advanced for
the opposing view.
Furthermore, it observed:
"The failure of the Government of Zimbabwe to
comply with a court decision,
whether of a domestic or international
tribunal is consistent with its
endemic culture of defiance of court orders
that it dislikes. In Zimbabwe
the Government dismantled the Supreme Court
and the High Court when they
were seen as issuing decisions which the
Government disliked through forcing
out judges and hiring "politically
correct" individuals. Its current thrust
to destroy the SADC judicial organ
is consistent with the Government's
conduct in dealing with judicial organs
it dislikes."
The application of Gramara (Private) Limited v Government
of Zimbabwe is
soon to be argued in the High Court. The relief sought is a
declaration that
the ruling of the SADC Tribunal in the Campbell matter be
registered with
the High Court for the purpose of its enforcement in
Zimbabwe. The crucial
point the presiding judge will have to decide is
whether the Tribunal
lawfully exercised jurisdiction over Zimbabwe based on
the Tribunal
Protocol. Whatever determination is made, the overwhelming
probability is an
appeal to the Supreme Court by the losing party. (The
Deputy Chief Justice
has already revealed his hand, as has the High Court
judge, whose nomination
as a member of the SADC Tribunal has now been
withdrawn). Inevitably there
will be an inordinate delay before the issue is
finally resolved. And the
longer it remains alive domestically, the more
advantage is to be gained by
government. For in the situation obtaining, it
is unlikely that SADC will
entertain the Tribunal's request to consider
enforcement steps of its
judgment against Zimbabwe as a SADC
member.
Bilateral Investment Treaty
A more definitive success was
achieved by 13 Dutch nationals, whose large
commercial farms in Zimbabwe had
been expropriated, despite the existence of
a Bilateral Investment Treaty
concluded by Zimbabwe and the Netherlands. On
22 April 2009, they received a
total award of Euros 8 220 000 as
compensatory damages from an arbitral
panel, appointed by the International
Centre for Settlement of Investment
Disputes, Washington, D.C. No appeal is
pending, but payment is still to be
made.
The persistent onslaught suffered by the rule of law and democracy
in
Zimbabwe cannot be underestimated. Legality and constitutionality have
been
cast aside. Forces of violence, intimidation and disorder have been
unleashed, and allowed to prevail, particularly, but certainly not
exclusively, in the implementation of the fast-track land reform programme.
A programme that has all to do with power politics; and nothing to do with
the professed continuation of the liberation struggle to bring about
economic emancipation for the landless majority. The timing of its
introduction, after a delay of two decades since independence, proves the
point. The law enforcement agencies have either actively collaborated in
these lawless activities, or simply declined to afford protection, sanctuary
and good order, in the fulfilment of their fundamental duties.
There
is urgent need to witness real progress on the part of the inclusive
government on critical issues like restoring the rule of law, adhering to
international treaty obligations, respecting human rights and guaranteeing
freedom of speech, and freedom of assembly and association. Law enforcement
agencies will have to be overhauled so that they may become professional,
politically neutral forces that acknowledge the human rights of all
Zimbabweans, and enforce the law on a fair and impartial basis. Sham
politically motivated prosecutions must cease. So must the unlawful
detentions, arrests, torture, intimidation and harassment, of human rights
defenders and independent journalists. New private media should be licensed
and international journalists allowed to practice openly.
That said,
it would be remiss of me were I not to acknowledge and acclaim,
the on-going
courageous struggle against oppression and injustice, by local
organisations
such as, Zimbabwe Lawyers for Human Rights, Crisis in Zimbabwe
Coalition,
Justice for Agriculture, Zimbabwe Peace Project, Women of
Zimbabwe Arise, as
well as by many prominent human rights lawyers;
frequently to the detriment
of their personal safety. Names that immediately
come to mind (and there are
many others) are Beatrice Mtetwa, Arnold Tsunga,
Alec Muchadehama, Jestina
Mukoko, Jenny Williams and Magodonga Mahlangu,
three of whom have received
international awards.
In the last few months, the Supreme Court granted
an order permanently
staying the prosecution of Jestina Mukoko on charges
relating to terrorism.
She had been abducted from the family home at
daybreak, while in her
nightgown and bare foot, and not seen for three
weeks. She later testified
that she was held at secret locations while being
severely tortured by state
security agents, in an attempt to extract a false
confession.
Marange diamond fields
More recently, a High Court
judge, ordered the government to restore to the
British company, African
Consolidated Resources Limited, the right of title
to claims in the Marange
diamond fields at the foot hills of the eastern
highlands, which had been
seized in October 2006, and allocated to the state
owned Zimbabwe Mining
Development Corporation; and the return of 129 400
carats of diamonds
confiscated by the police in January 2007. The learned
judge ended by
saying:
"The papers before me paint a gloomy picture of the duty to
protect our
national heritage by those constitutionally charged with that
responsibility."
Regrettably, the police and the army continue to
deny African Consolidated
Resources access to the diamond fields (a site of
grave military
atrocities), and the Mining Corporation has not halted its
drilling
operations. Both activities are in breach of the judge's order that
the
noting of an appeal would not suspend the operation of the judgment. ACR
reported recently that the ministry has begun to engage in ill conceived
deals with private companies with "shady backgrounds"; it has warned that
anyone purchasing Marange diamonds will be buying stolen
property.
Time will tell whether these two judgments signify the
beginning of a
genuine shift in judicial approach. But, at the very least,
they should be
taken as an indication that Zimbabwean courts will not rule
invariably in
favour of the state.
The formation of the power-sharing
government was welcomed by most
right-thinking Zimbabweans. It has resulted
in an end to rampant inflation
and in a small measure of economic stability.
Though now threatened by
policy differences, the slow pace of reforms, and
feuding over top executive
positions, it never the less, represents a
glimmer of hope of a transition
to democracy, and with it international
recognition and financial aid. Last
week's announcement by President Zuma of
the appointment of a South African
support team to monitor the
implementation of the GPA, to replace the "quiet
diplomacy" of his
predecessor, is a promising hands-on approach. So, it is
critical that the
unity holds together. For fragile as it is, it is a
substantial improvement
from the history of the past, and is stumbling along
a road to recovery,
although one beset by numerous potholes.
Zimbabwe's natural and human
resources were once the envy of Africa; and
they still could be. But no one
will invest in the county until they are
confident in the legal environment.
It is simply basic economics. Capital is
a coward, as the saying goes.
Foreign investors, not to mention Zimbabwe
businessmen, want to be assured
that the rule of law will be observed and
adhered to, and that their
investments will be safe, before they put money
into the economy. What this
requires is positive political will to heal past
wounds. It requires
political leaders who place the interest of the people
of Zimbabwe ahead of
their own. Most of all it requires that all Zimbabweans
stand up for their
rights; and take responsibility for, and play a role in,
the democratic
changes and fundamental liberties they want to be able to
enjoy. Meanwhile,
as the Portuguese say, "a luta continua": the struggle
goes on . . . -
ZimOnline
Abuse of
human rights in Zimbabwe continues under unity government
http://www.amnesty.org
10 February
2010
Amnesty International on Wednesday called on Zimbabwe's President Mugabe
and
Prime Minister Tsvangirai to fulfil their promise to reform state
institutions, in a bid to end human rights violations that have continued in
the country since the formation of the unity government one year
ago.
Torture, harassment and politically motivated prosecutions of human
rights
defenders and perceived opponents have persisted, while villagers in
parts
of Zimbabwe have suffered ceaseless intimidation by supporters of
former
ruling party ZANU-PF.
"The Attorney General's office, police
and army have been left to freely
violate human rights in pursuit of a
political agenda," said Erwin van der
Borght, director of Amnesty
International's Africa programme.
"By delaying reform, the situation in
Zimbabwe remains fragile as
perpetrators continue to escape justice and are
instead effectively given
the all clear to continue violating human
rights."
Amnesty International called on the unity government to end
on-going
harassment of human rights defenders. Several peaceful protests
organized by
civic movement Women of Zimbabwe Arise (WOZA) were violently
broken up by
police in 2009.
Seventeen human rights and political
activists who were abducted by state
security agents in 2008 continue to
face charges that are widely believed to
be trumped up. One of them, Jestina
Mukoko, director of the Zimbabwe Peace
Project, had her prosecution
permanently stayed by the Supreme Court in
September 2009 because of
overwhelming evidence that she had been tortured.
"The government must
end the incessant harassment of human rights activists
and take steps to
seriously protect rights to freedom of expression,
association and peaceful
assembly," said Erwin van der Borght.
The Zimbabwean army and
intelligence services, as well as the Attorney
General's office, have
remained under ZANU-PF control, following an
agreement brokered by the
Southern Africa Development Community (SADC) in
2008. The police are
co-chaired by ZANU-PF and MDC-T ministers.
"The onus is on President
Mugabe and ZANU-PF to ensure that key institutions
under their control are
reformed to end the culture of impunity that still
threatens stability in
the country," said Erwin van der Borght.
Amnesty International's call for
reform comes amid reports that villagers in
parts of Zimbabwe are being
threatened with violence by army backed
supporters of ZANU-PF, in an attempt
to force them to endorse the heavily
criticized Kariba draft
constitution.
The Kariba draft constitution, agreed by unity government
parties in
September 2007, has been strongly criticized by some civil
society
organizations as an attempt by the parties to impose a constitution
without
consultation.
Villagers in Mutoko, Muzarabani and MT Darwin
are reportedly being warned
that they will face beatings unless they support
the ZANU-PF position.
Similar threats were made and materialized in the
run-up to the June 2008
presidential elections.
"These are early
warning signs that the situation could deteriorate if no
urgent measures are
taken to stop state security agents from carrying out
violent political
campaigns," said Erwin van der Borght.
"Past involvement on their part
has resulted in gross human rights
violations, including deaths and torture
of perceived opponents."
The government has so far failed to investigate
gross human rights
violations allegedly carried out by security forces
during the run-up to the
second round of the 2008 presidential elections,
which left at least 200
people dead, over 9,000 injured and tens of
thousands displaced.
"The unity government must investigate past and
present allegations of human
rights violations by state security agents,
including torture and ill
treatment of detainees," said Erwin van der
Borght.
Gross human rights violations have also been taking place within
the army.
At least two soldiers were tortured to death in October 2009
while being
interrogated by intelligence and military police officials in
Harare.
Another soldier was reported to have committed suicide while in
solitary
confinement and several others are still receiving medical
treatment for
injuries caused by torture.
The victims had been
arrested along with at least 95 others, on suspicion of
breaking into an
armoury at Pomona barracks and stealing 21 guns.
"Zimbabwean state bodies
are riddled with human rights abusers that in many
cases carry out
violations with impunity," said Erwin van der Borght.
"Without genuine
reform of institutions this abuse is very likely to
persist."
Zimbabweans
Prefer The NCA Led Constitutional Process
http://news.radiovop.com/
09/02/2010
19:28:00
Harare, February 10, 2010 -A survey by the Mass Public Opion
Institute has
shown that Zimbabweans prefer the National Constitutional
Assembly(NCA) led
constitutional process.
"Signaficantly, among those
who have heard about the constitution, a
plurality (42%) prefer the NCA
'people-led' approach to constitution making
compared to 28% who prefer the
COPAC led one, " said the report.
COPAC is the Parliamentary led
constitution process in line with the Global
Political Agreement (GPA) that
brought about the country's unity government.
"Close to 60% condemned
the use of the Kariba draft as a reference
document in drawing up a
new constitution for Zimbabwe, "reads part of the
report. The Kariba draft
is a product of Zanu PF and the two Movement for
Democratic Change (MDC)
formations. The three parties agreed to the draft as
part of the
GPA.
Zanu PF has been campaigning for the country to adopt the Kariba
Draft
Constitution as it is.
NCA lchairman Dr Lovemore Madhuku argues
that the parliament led
constitution should not be supported because it is
not people driven. The
organization has since launched a "Take Charge
campaign. It is being
supported by Student Union (ZINASU), and Zimbabwe
Union of Trade Union,
(ZCTU). The NCA has dismissed the current
constitutional process as a waste
of time and resources saying people were
going to reject the process. In
2000 the NCA successfully campaigned for
people to reject a referendum for a
draft constitution that the government
had spearheaded.
Commenting on the report Zanu PF Director of Information
Steven Chidawanyika
said: "COPAC should not be compared with NCA because it
is driving the
process.COPAC was mandated by the law to do the constitution
making process
and NCA was not and will never be."
An official of the
Mass Public Opinion Institute Anyway Ndapwadza said: "We
could not ignore
NCA because of the role it has played in conscitising
Zimbabwean people on
constitution matters over the years."
Zanu-PF
members take Mangwana to task
http://www.thezimbabwetimes.com/?p=27235
February 10, 2010
By Owen
Chikari
MASVINGO - Zanu-PF supporters here have accused Paul Mangwana,
the
co-chairperson of the parliamentary committee on constitutional reform,
of
conniving with MDC MPs to benefit from the process.
Mangwana is a
member of Zanu-PF. He chairs the committee with the mainstream
MDC's Douglas
Mwonzora.
At a meeting held at the Masvingo Polytechnic at the weekend,
angry Zanu-PF
members accused Mangwana, who is the Chivi Central legislator,
of colluding
with MDC MPs to prolong the constitutional reform debate in
order to enjoy
allowances.
The Zanu-PF supporters said a new
constitution was unnecessary because the
Kariba draft was already
available.
The MDC and Zanu-PF drafted a constitution in the town of
Kariba about three
years ago. Zanu-PF favours the draft while the MDC has
said the document
could only be used a reference in the creation of a new
constitution.
Zanu-PF supporters at the meeting told Mangwana the
exercise was a waste of
money.
"How can you continue to agree wasting
resources drafting a new constitution
when the Kariba draft one is there?"
said one of the Zanu-PF supporters.
"You are conniving with MDC-T MPs so
that you loot money in allowances at
the expense of the generality of this
country."
One of the Zanu-PF supporters said Mangwana, as a point-man for
the party in
the constitutional reform process, should use his influence by
telling the
MDC that an acceptable draft had already been prepared in
Kariba.
"Just go and tell them that the draft is there and there is no
need to write
anything new," said another supporter.
Although
journalists were later ejected from the meeting, sources, however,
told The
Zimbabwe Times that Mangwana had a tough time explaining to Zanu-PF
supporters what the constitutional reform process entailed.
"He had
tough time in explaining to villagers who had come for the meeting,"
said
the source.
However, Mangwana downplayed the whole drama saying it was
just a meeting to
teach party supporters about the process before the
outreach teams were
dispatched.
"Like any other party we were just
telling and teaching our supporters to be
ready for the outreach teams since
they will be deployed anytime to gather
the people's views," said
Mangwana.
Tension is high in the country ahead of the deployment of
constitutional
reform outreach teams to gather the people's
views.
Zanu-PF and the MDC have mounted fierce campaigns to outline their
positions
concerning the new constitution.
Zanu-PF has already made
it clear that it will campaign for the Kariba draft
while the MDC says it
will ensure the document is rejected.
Observers say the campaigns now
resemble a run-up to a presidential or
parliamentary
election.
Zimbabwe is currently using the Lancaster House constitution
crafted in
1979, which all parties agree has outlived its usefulness.
ZESA threatens
to black out BCC over US$2,5m debt
http://www.zicora.com
Posted By Own Staff Thursday, 11
February 2010 01:45
In a development that Bulawayo City Council (BCC)
blames squarely on
ratepayers, among them mostly government departments
failing to pay debts,
the local authority owes Zimbabwe Electricity Supply
Authority (ZESA) US$2,
5m for power supply.
This was
revealed by the council's Acting Finance Director, Kempton Ndimande
in an
interview. He said the local authority was struggling to meet its
service
delivery target due to failure by government departments and other
ratepayers to pay the council on time. Although residents and other private
companies also owe the council, Ndimande said the government departments'
debts to council constituted the largest amount.
"Government
departments are not paying and this is impacting badly on the
council's
operations. As we speak ZESA is demanding its US$560 000 that we
as a
council owe them on power and about US$2m for public lighting alone.
"They
are even threatening to cut us off especially our main operational
offices
which are the council chambers, Tower Block
and Revenue Hall as a way of
forcing us to pay," said Ndimande.
He said due to failure by council's
ratepayers to pay their debts it would
be impossible for the local authority
to pay ZESA. This would put council at
risk of having power being cut off at
any time.He also lamented abandonment
of the local authority by the
government which was supposed to bail them out
under the distressed local
authorities fund.
"We have not been getting any assistance from the
government. We are just
operating like a private entity yet we are the arm
of government. We only
hear of Harare being given government funding here
and there, but for us
nothing is forthcoming. Due to that condition our
clients and residents must
not be surprised why we sometimes have
problems
delivering the services they want," said Ndimande.
Government
departments in Bulawayo owe the city council US$3,7m for water
and other
services and this is the amount billed from February to October
2009.Ndimande said council had put more pressure on rate payers to enable
it to settle part of the debt it owes ZESA.
Matabeleland Region ZESA
general manager, Lovemore Chinaka recently told a
Zimbabwe National Chamber
of Commerce (ZNCC) meeting that the whole region
owed ZESA more than
US$40m.
He also said the power utility would resort to cutting off power
from
defaulting consumers.BCC is one of the ZESA consumers who have received
numerous threats of
being cut off, but the council revealed that it was
struggling to deliver
let alone settle the ZESA and other debts such as one
for the Zimbabwe
Revenue Authority (ZIMRA) which Ndimande was reluctant to
disclose saying
the mind boggling debt was the one they owed ZESA.
City Watch, 09 February
2010
145 Robert Mugabe Way, Exploration House, Third Floor; Website: www.chra.co.zw
The City of
Harare still has a long way to go to improve municipal service delivery. The
Combined Harare Residents Association (CHRA) notes with concern that the Council
is not doing much in revamping the virtually collapsed service delivery system
that has seen the city being marred with piles of uncollected refuse in the
residential areas, potholed roads, dysfunctional street lights and persistent
water cuts among a myriad of other mishaps.
Water
supply
The water
situation remains a challenge as most areas are still experiencing dry spells.
Areas like Msasa Park only receive water once a week, while areas like
Mabvuku-Tafara, Glen Lorne, parts of Greendale, Greystone Park and Mandara are
still experiencing perennial dry spells. The New stands area in Mabvuku Tafara
has not received any water supplies for more than a year now. Most of the
boreholes that had been drilled in the area are no longer working. Residents
have resorted to digging shallow wells at their homesteads but some of the wells
have dried up due to the limited rainfall. Herentials College and the Church of
Later Day Saints have been providing residents with clean water from their
boreholes but the supplies are not enough to meet the high demand for water. The
borehole located at the Bridge in Old Tafara is the one that is still working
among the boreholes that were drilled by UNICEF in Mabvuku-Tafara. The table
below shows the water situation in some of the Harare
suburbs.
AREA |
WATER QUALITY |
AVAILABILITY |
SEWER
|
Dzivarasekwa |
Good |
Sections 83 to 100 haven't been getting
water for the past 3 years. However, the rest of Dzivarasekwa has been getting
regular supplies. |
|
Mufakose |
Good but some residents are boiling
water for drinking. Some residents are buying water treatment tablets and JIK at Shops&
Pharmacies |
Uninterrupted and continuous water
supplies for the past month but the pressure of the water is usually
low. |
Frequent sewer bursts near Rukudzo bar
in Ward 34. The City of Harare dug a trench to fix the sewer pipes along
Kufudzamombe and Mhishi Roads but the trench has been lying in state for the
past six months |
Mabvuku-Tafara |
The quality is poor as residents usually
get water from unprotected sources |
-No Municipal tap water for the past 6
months while some areas have gone for a year. Most of the boreholes that were
sunk in the area are not working.
-The area near Tafara District Offices
has not received water supplies for the past 5
years.
-Residents wash their clothes at Gosden
River. Others do their laundry at shallow wells dug near Chemanza
Grounds. |
Sewer burst are no longer common in the
area. |
Glen
Norah |
Residents have complained that the water
leaves some brownish particles if left to settle in a
container. |
Water supplies are regular in some areas
while some get supplies for at least four times a
week. |
|
Kuwadzana |
The water has some brown particles.
Cases of diarrhea have been reported and some residents are now boiling the
water before drinking. |
24 Hours per day during the past few
weeks. |
|
Glen View and
Budiriro |
The water is usually greenish in colour
and residents have requested CHRA to source water treatment tablets. Cases of
diarrhea have been on the increase since January
2010. |
The two suburbs have been receiving
water only during weekends for the past two months. Some of the boreholes that
were sunk in the area are no longer working. |
Glen View 3 has been experiencing sewer
bursts since the festive season. Raw sewer has been flowing into household yards
along 1st Drive in Glen View
3. |
Kambuzuma and
Rugare |
The water quality is poor as it has
visible brownish particles. Residents usually boil the water before
drinking. |
Residents get supplies almost on a daily
basis but this is only for a few hours a day. |
Cases of sewerage bursts have decreased
since December 2009. |
Electricity
Areas like Glen
Norah, Glen View, Highfield and Budiriro usually experience power cuts at least
twice a week. However, there are times when residents in these areas can
experience power cuts at least three times within a single day. Mbare,
Dzivarasekwa and Avondale West is experiencing power cuts on a daily basis while
areas like Msasa Park, Cranborne, Hatfield and Queensdale get power cuts at
least thrice a week. There is an area in Mabvuku near Kamunhu Shopping Centre
that has been without electricity since October 2009. This has been due to a
faulty transformer that has not been fixed in spite of the numerous requests by
residents to ZEDC to fix the transformer. However, ZEDC has been serving
residents with exorbitant electricity bills despite the fact that supplies are
highly limited.
Residents have
complained that ZEDC's load shedding is not uniform and this has resulted in
residents losing their electric appliances to short circuits that are caused by
sudden power cuts. Residents have, in the past raised these concerns with ZEDC
but the power utility has not done anything to rectify the problem. ZEDC once
came up with a load shedding schedule that was flighted in the print media but
the schedule was never adhered to.
Refuse
collection
The City of
Harare is still failing to collect refuse in most suburbs around the city and
this has resulted in the increased mushrooming of informal dumping sites. Areas
like Mupedzanhamo in Mbare have become an eyesore and health time bomb due to
the piles of uncollected refuse that have become breeding ground for flies and
mosquitoes.
Conclusion
CHRA encourages
the City of Harare and the Government to look into the issues of waste
management and water provision in Harare as a matter of urgency. There is a need
to come up with sustainable systems of waste management and water provision so
as to curb the persistent problem of diarrheal disease outbreaks in the city.
CHRA remains committed to advocating for good and transparent local governance
as well as lobbying for quality municipal services.
How Do You
Solve a Problem Like Arrears?
http://www.ipsnews.net/
By Zenzele Ndebele
BULAWAYO, Feb
9, 2010 (IPS) - Faced with nearly six billion dollars of
external debt,
Zimbabwe's national unity government is considering applying
for Highly
Indebted Poor Country status.
According to the prime minister's office,
the 5.7 billion dollars owed to
the International Monetary Fund (IMF), the
World Bank, the African
Development Bank, and others prevents the country
from borrowing more money,
urgently needed to revive its economy.
The
finance minister, Tendai Biti, says that joining the Highly Indebted
Poor
Countries programme is one way out.
HIPC was initiated in 1996 at least
partly as a response to criticism of IMF
and World Bank economic policy by
civil society. The programme provides debt
relief and low-interest loans to
cancel or reduce external debt repayments.
To be considered for the
initiative, countries must have an unsustainable
debt burden. Assistance is
on condition that the national governments of
these countries meet a range
of economic management and performance targets.
"You should know that
Zimbabwe is not a poor country. It has vast natural
resources, but these
resources cannot be turned into capital," says minister
of state in the
prime minister's office Gordon Moyo.
"Zimbabwe should come up with a
poverty reduction strategy paper, which is a
blue print of how it is going
to use the resources which are going to be
availed to it once the debt is
cancelled," continues Moyo. "It is the
responsibility of Zimbabwe, it's not
the imposition of the World Bank, IMF
or the Paris Club or any other
institutions."
But Dr Qhubani Moyo, a public policy analyst and activist,
says Zimbabwe's
economic problems don't originate with its debt, but with
the economic
sanctions intended to weaken Robert Mugabe's Zimbabwe African
National
Union-Patriotic Front party, which ruled from 1980 until 2008 when
it was
joined by two factions of the rival Movement for Democratic Change in
a
unity government.
"Unless we address the issue of sanctions we are
not going anywhere. We
need to ensure that we link the issue of sanctions
with HIPC. Let's ensure
there is economic growth in this country by engaging
in trade - that trade
can be done if the sanctions barriers are
removed."
Responding to the minister's assertion - citing debt relief and
economic
growth in Uganda, Mozambique, Zambia and Nigeria - that HIPC has
worked well
for other African countries, Qhubani Moyo says the comparisons
are mistaken.
"Countries like Mozambique were coming from a bloody
civil war. Zimbabwe is
a country whose economy collapsed but there was
nothing in terms of
destruction of infrastructure and superstructure. Also:
if you look at
Mozambique and these other countries that have become HIPC
countries, the
so-called growth is nominal. It's not being felt at the level
of
individuals."
Zimbabwe Coalition on Debt and Development
representative Janet Mudzwiti
criticises the HIPC plan from a different
angle.
If you think that there is one formula for solving problems
that hit all
African counties, then you will have a serious problem in the
long run.
"We are against lender-led relief initiatives, simply
because their ideology
is not pro-people; they are not people-based
policies. To us the HIPC
principles still hinge on the neo-liberal policies
that you have to open up
your markets, introduce user fees for social
essentials such as health and
water. We are saying it's not different from
the Structural Adjustment
Programme which was disastrous."
Regarding
the country's debt, she raises two important issues.
"There is the issue
of odious debt and the issue of illegal debt," Mudzwiti
says.
"When
you look at the issue of Zimbabwe's debt profile, there is the issue
of
colonial debt (incurred by a white-only government between 1965 and
1980).
And we have the issue of debt (incurred) under the economic
structural
adjustment programme."
Odious debt is debt entered into by a government
on behalf of the people,
but which doesn't benefit them. Much of the $500
million dollars of debt run
up by the Rhodesian state was spent on fighting
a war against the black
majority; there is a strong case for that debt to be
deemed odious.
Much later, Structural Adjustment Programmes were imposed
by the World Bank
and IMF across Africa in the 1980s and 1990s as a
condition for loans to
cover a previous debt crisis.
The conditions
it imposed sharply restricted government spending on things
like healthcare
and education, called for privatisation of valuable state
assets and of
services like water and electricity, required the devaluation
of local
currencies, and stopped governments from protecting local
production by
means of import tariffs.
Zimbabwe's adoption of structural adjustment
proved disastrous for the
economy and activists are concerned that the
conditions for HIPC may
replicate this experience.
Once bitten, twice
shy. Qhubani Moyo does not want the country to turn to
the Bretton-Woods
institutions for answers.
"Zimbabwe has a way of dealing with its
problems. We can't have a one fix
solution for all. Zimbabwe has to come up
with its own model to use its own
resources for its own recovery and its own
growth."
Are
Zimbabwean diamonds about to finance a Mugabe coup?
http://www.mineweb.com
An examination of the
ominous implications of a report in The Zimbabwean
Author: Paul
Trewhela
Posted: Wednesday , 10 Feb 2010
JOHANNESBURG -
Last
week's issue of The Zimbabwean, which is edited from Britain, leads
with a
report on the possible exchange of Chinese weapons for illegally
mined
diamonds in Zimbabwe (see below).
If the information in this report is
proved correct, it would indicate that
the Mugabe regime is preparing a
bloody coup to preserve itself in office,
in defiance of its loss of the
general election last year, its subsequent
power-sharing deal with the
Movement for Democratic Change, the Kimberley
Process which regulates the
global gem trade and a ruling of the High Court
in Harare.
The report
suggests that the Mugabe regime - believed to have been
responsible for the
deaths of hundreds of independent miners when it sent
the army to seize the
diamond fields at Chiadzwa in November 2008 - intends
to exchange "blood
diamonds" for weapons from China . The report indicates
that a runway
suitable for this kind of traffic has already been constructed
in the
diamond fields and is almost ready for use.
If the report is proved
correct, it would indicate a qualitative escalation
of Chinese intervention
in Africa .
Armament of a resurgent Mugabe dictatorship by China , in
defiance of the
power-sharing agreement, would represent the initiation of a
new Cold War in
Africa , at a time when the United States and Britain are
tied down in
Afghanistan and Iraq , and handicapped by a massive sovereign
debt crisis.
Such a development would have immediate and immensely grave
implications for
South Africa , and would represent a military-political
destabilisation of
the entire region.
Construction of a mile-long
runway at Chiadzwa would further present a
direct challenge to COSATU, which
organised a boycott by dockers in South
Africa three years ago of Chinese
arms shipments to Mugabe. - Paul Trewhela
Zimbabwe Weekly Update – Number 5
WEEK ENDING 08 FEBRUARY
2010
Politics
• The three principals in the unity government
reached a small breakthrough
on Friday when they agreed to appoint the
chairs of two of the Commissions -
the Electoral and the Human Rights – who
were named as Justice Simpson
Mtambanengwe and Professor Reg Austin
respectively.
• The South African mediation team is expected to meet
negotiators from the
three principal parties ahead of the resumption of
inter-party talks today.
• Parliament was forced to adjourn prematurely
on Wednesday after chaos
erupted between the political parties over the
issue of sanctions.
• A visiting UK delegation has expressed satisfaction
at Zimbabwe’s economic
progress but called for the resolution of outstanding
issues in the GPA.
• A US Congressional delegation will visit Zimbabwe
later this month to
review the power-sharing deal and assess US humanitarian
work in the
country.
• Finance Minister Tendai Biti said in a
statement last Tuesday that the MDC
is ready for an election after he
accused Zanu-PF of creating conditions for
a total breakdown of the unity
government.
• Echoing this, Prime Minister Morgan Tsvangirai told the
radio station
Voice of America (VOA) News that the inter-party talks would
likely reach a
deadlock, and that early elections could be the only solution
to the
political problems.
• The MDC has lodged an official complaint
with the Joint Monitoring and
Implementation Committee (JOMIC), which
oversees the power-sharing
agreement, about "unjustified arrests and
harassment" of its officials and
supporters by state security
agents.
• Tsvangirai has rejected a circular from President Robert
Mugabe's office
directing ministers to report to his two vice-presidents
instead of to the
Prime Minister.
• Members of the Central
Intelligence Agency (CIO) team assigned to Mugabe
during a visit to an
international telecommunications summit last October
were each paid a total
of US$50 000 (US$5 000 a day) over Mugabe’s 10-day
stay. On another trip to
Rome in November, his security detail was paid the
same. In Zimbabwe, most
of the population lives on less than US$1 per day.
Governance
•
Zimbabwe’s civil servants went on strike on Friday after last-minute
negotiations with the government failed. They are pushing for a five-fold
wage hike. Civil servants earn on average a paltry US$150 (R1 100) a month.
They are demanding up to US$630 (R4 900) a month.
• Zimbabwe and
Botswana officials will hold security talks over the
detention of three
Botswana game rangers who inadvertently strayed across
the border last
month.
• Mines Minister Obert Mpofu has returned two expensive vehicles
he
illegally took away from the Ministry of Industry and International Trade
when he changed portfolios last year. Mpofu is one of several government
officials named in a damning report to parliament on the pervasive looting
of state assets.
• The Parliamentary Portfolio Committee on Public
Accounts has reported
massive irregularities and ‘gross incompetence’ in
government ministries and
departments in scams that may have cost the
Treasury millions of dollars.
These include payment of ghost workers and the
irregular employment of 10
000 youth officers.
• The Zimbabwe
Congress of Trade Unions says it has recorded more than 2 300
cases of
violation of workers' rights in 2009, most of them committed by
state
security agents who have routinely assaulted and tortured union
activists.
•
Business
• Major Zimbabwe mining group Rio
Tinto has proposed that locals have 10
percent ownership of foreign-owned
companies, and not the 51 percent the
government wants under a draft law
that has scared off investors. The
Chamber of Mines of Zimbabwe president
said government had in principle
agreed to the proposal.
• Zimplats,
which is owned by South Africa's Impala Platinum (Implats) - the
world's
second biggest platinum producer - reported a US$50 million
operating profit
in its quarterly report ending December 2009 released this
week. The company
is also owed US$34 million by the Reserve Bank of
Zimbabwe.
• The
failure of Zimbabwe's coalition partners to fully implement the Global
Political Agreement (GPA) is keeping foreign investors away, according to
separate reports released last week by Renaissance Capital, a Russian
investment house, and the World Bank.
Economy
• The UK
Treasury said Friday that it supports the restoration of Zimbabwe’s
voting
rights in the IMF, attributing its decision to the improved
macroeconomic
environment in Zimbabwe under Finance Minister Tendai Biti.
• Senior IMF
director Samuel Itam said on Wednesday he was 'cautiously
optimistic' the
international community would support Zimbabwe's request to
restore its IMF
voting rights.
• The cost of food for a family rose 10 percent last
month, according to the
Consumer Council of Zimbabwe.
• The Zimbabwe
government spent nearly R86m (US$11.6m) in one year in fees
for children and
relatives of mostly top Zanu PF officials who are studying
in South African
universities while local universities struggle to
function.
Agriculture
• The SADC Tribunal said ongoing land
invasions in Zimbabwe were beyond its
control, that it was unable to enforce
its ruling, and that it was up to the
SADC Summit to take up the
matter.
• Commercial farmer Ben Freeth, who is campaigning for the
implementation of
the SADC Tribunal ruling, has been accused of contempt of
court after he
criticised a High Court judge's decision in January to
dismiss the ruling in
Zimbabwe. The Law Society of Zimbabwe will decide if
Freeth should be
charged.
• The South African government may be
forced to pay up to t R100 million in
damages to South African farmer
Crawford Von Abo, whose farms were seized in
Zimbabwe as part of the land
grab. The North Gauteng High Court on Friday
found that the government was
liable for Von Abo’s losses, as they neglected
to prevent the violation of
his rights by the Zimbabwean government.
• A magistrate on Tuesday
granted bail to five white commercial farmers who
were arrested in Chipinge
last week for failing to vacate their properties.
Another farming family in
Rusape came under siege from farm invaders last
week.
• Zimbabwe
needs to urgently import 500,000 tonnes of maize to avert
shortages.
Agriculture Minister Joseph Made says the crop has been affected
by an
extended dry spell. But the Commercial Farmers’ Union said that 1,8
million
tonnes would be required.
• The Famine Early Warning Systems Network
(Fewsnet) said in a new report
the number of Zimbabweans in need of
emergency food aid now stands at 2.17
million, a huge jump from the December
figure of 1.74 million.
Diamonds
• The court-ordered
transportation of 60 kg of diamonds to the Reserve Bank
was suspended after
an armed gang raided the offices of mining firm African
Consolidated
Resources (ACR), the legal owners of the Chiadzwa diamond
claim, and stole
the company’s computers.
• Mines Minister Obert Mpofu (Zanu PF), backed
by armed police, on Thursday
night removed a 29kg consignment of Chiadzwa
diamonds worth millions of
dollars from the Reserve Bank of Zimbabwe (RBZ),
violating a Supreme Court
order that the diamonds remain in the custody of
the central bank until the
mining rights case between ACR and the government
is resolved.
Violence
• More than thirty men and women from the
Bhuka area (Masvingo) were
severely beaten on Saturday by Zanu-PF youths for
failing to comply with the
headman who instructed they should not attend an
MDC rally the previous day.
• MDC activist Peter Magombedze, who died in
December, was “killed by severe
blows during the barbaric assault” by
members of the police, an autopsy
report has confirmed. Two police officers,
Sergeant Zvinavashe and Sergeant
Nzori of Nembudziya police station, have
reportedly since been arrested in
connection with the death.
•
Villages in the remote Rushinga district north-east of Mount Darwin report
that people who want to contribute to the constitution-making process are
being threatened with death or vicious beatings comparable to the June 2008
violence.
Law
• Zimbabwe's constitutional committee has put
the outreach exercise on hold
because it cannot send teams to interview
people without police backing.
Police Commissioner Augustine Chihuri has
demanded US$3 million in payment
to release 1 000 police officers to
accompany outreach teams.
• Police on Wednesday arrested eleven students
for holding a public students’
meeting on the University of Zimbabwe (UZ)
campus. The Zimbabwe National
Students’ Union (ZINASU) is demanding the
arrest of a security guard from
the university after one of the students was
severely beaten.
• A Harare magistrate this week removed senior MDC
official Pascal Gwezere,
charged with stealing weapons from an army
barracks, from remand after the
state failed to produce sufficient evidence
linking him to the crime.
Gwezere was abducted last October by state
security agents and was severely
beaten in custody.
• Attorney
General Johannes Tomana has said prosecutors are free to oppose
bail and
even overrule magistrates as long as they are acting according to
‘law’.
• Roy Bennett treason trial: Tomana accused the defence of
"caricaturing him
and demeaning his office." Bennett’s lawyer Beatrice
Mtetwa had demonstrated
that false emails could easily be created, using a
spoof message from Tomana
himself.
• Twenty-two members of the
pressure group Women of Zimbabwe Arise (WOZA)
were arrested while holding a
structural meeting on the constitution-making
process in a private home in
Bulawayo on Tuesday. They were all later
released and, in a surprising move,
the police apologized.
Health
• Bulawayo’s Mpilo Hospital is only
sustaining operations through donations
because government has not released
most of the promised funding since
January last year. The 1 000 bed hospital
needs about US$600 000 but has so
far received only US$60 000 from
government coffers and in donations.
Diaspora
• Zimbabwe's
Co-Ministers of Home Affairs on Saturday urged thousands of
Zimbabweans
living in South Africa to return home and help rebuild the
country’s
economy. Addressing a gathering in Johannesburg, Ministers Kembo
Mohadi
(Zanu PF) and Giles Mutsekwa (MDC-T) said the government is ready to
drop
all charges against political activists and specified business people
who
are currently living outside the country. Unemployment in Zimbabwe
however,
remains over 90 percent.
• Fifteen Zimbabwean civic organisations in the
UK met in London last
weekend to choose a taskforce to coordinate the
constitutional awareness and
information-gathering process in the
UK.
Wildlife
• Zimbabwean officials are unhappy that Convention on
International Trade in
Endangered Species (CITES) chief Willem Wijnstekers
will tour a top private
conservancy during his visit to Zimbabwe next week,
allegedly fearful he
will learn too much about endemic poaching decimating
the country’s
wildlife.
• Zimbabwe Parks and Wildlife Management
Authority’s claim it has not
carried out a game census since 2008 due to a
lack of funds is said by some
conservationists to be a ploy to hide the
extent of poaching by officials
working in cohorts with ministers and other
senior government officials.
The Good News
• Archbishop of
Canterbury Dr. Rowan Williams on Friday launched an
exhibition in the UK of
photographs showcasing the work of Anglicans in
Zimbabwe. He praised their
courage and faithfulness in the face of violence
from state authorities
attempting to close down their services.
• The Zimbabwean government and
Iran will jointly set up a helicopter
repair, maintenance and training
centre in Zimbabwe. The centre will benefit
Zimbabwean technicians as well
as their counterparts across Africa.
• The Zimbabwe Open golf
championship has been relaunched after a nine-year
hiatus and will regain
its place on the South African "Sunshine Tour" in
April.
Source:
Zimbabwe Democracy Now
www.zimbabwedemocracynow.com
Media statement - Zimbabwe Democracy Now
Embargo:
Thursday 11 February 2010
Saluting the Greatest Son of Africa -
Former President Nelson Mandela
Zimbabwe Democracy Now and all
its fellow democracy movements join together
today, February 11, 2010 to
salute Nelson Mandela on the 20th anniversary of
his triumphant walk to
freedom after a 27-year ordeal as a political
prisoner on Robben
Island.
In his first speech to the emotional crowds outside the
city hall in Cape
Town, Mandela's first words were, "I greet you all in the
name of peace,
democracy and freedom for all."
He waved to
the cheering mass of 50 000 South Africans, media corps,
diplomats and
visitors and said, "We call on our people to seize this moment
so that the
process towards democracy is rapid and uninterrupted. We have
waited too
long for our freedom."
Robert Mugabe sent his formal
congratulations to Nelson Mandela on that day,
too. In 1990 Mugabe had
already been in power for ten years; he had an
horrific genocide on his
record and was routinely imprisoning and torturing
many of his political
opponents. But that didn't stop him from claiming
liberation-hero kinship
with South Africa's revered icon and
president-to-be.
Years
later, at a banquet to celebrate his 90th birthday, a retired Mandela
voiced
his disappointment that 'peace, democracy and freedom for all' had
not yet
been achieved in Africa. He said, "Nearer to home we had seen the
outbreak
of violence against fellow Africans in our own country and the
tragic
failure of leadership in our neighbouring Zimbabwe."
Madiba knows
that Zimbabwe has been independent for 30 years, but it is
still waiting for
its freedom.
Zimbabweans have always shared kinship with South
Africans; traditionally we
consider South Africa to be our ally. Many of us
have taken refuge there,
fleeing our beloved homeland where Mugabe's brutal
regime has robbed us of
the means to earn a living. As Zimbabweans cheer for
Nelson Mandela on this
milestone anniversary, so we also weep for our broken
country and our
scattered families. As we salute the greatest son of Africa,
so we urge our
own leaders to embrace Mandela's humanitarian
values.
Zimbabweans wholeheartedly share Nelson Mandela's proud
vision for Africa:
Peace, democracy and freedom for all. May this at last be
the year that it
becomes reality in Zimbabwe.
We salute
Africa's greatest statesman and, in unison with our South African
brothers
and sisters, we pray for his continued health and happiness on this
day and
for many years to come.
ZIMBABWE DEMOCRACY
NOW
www.zimbabwedemocracynow.com
Enough!
So the Government of National Unity can't pay Zimbabwe's teachers and other
civil servants decently but they can pay those who guard the elite quite
lavishly. Enough!
Members of the Central Intelligence Agency (CIO) team assigned to Mugabe
during a visit to an international telecommunications summit last October were
each paid a total of US$50 000 (US$5 000 a day) over Mugabe's 10-day stay. On
another trip to Rome in November, his security detail was paid the same. In
Zimbabwe, most of the population lives on less than US$1 per day. - Published on
the Zimbabwe Democracy Now web site
Also, on the same web site
The Zimbabwe government spent nearly R86m (US$11.6m) in one year in fees for
children and relatives of mostly top Zanu PF officials who are studying in South
African universities while local universities struggle to
function.
This entry was posted on February
10th, 2010 at 12:36 pm by Bev Clark
Band of brothers
It wouldn't have the guts, but if the ICC was looking for an appropriate date to
become Spirit of Cricket Day, it could not do much better than February 10.
Today marks the seventh anniversary of one of the most extraordinary and
courageous events in recent cricket history, when two men on the same side, one
black and one white, took a stand together against dictatorship and corruption
that would almost certainly end their sporting careers and could potentially
have been life-threatening.
February 10, 2003, was the day when Andy Flower and Henry Olonga donned black
armbands to protest at the death of democracy in Zimbabwe.
They had been discussing the idea for a month and decided to go ahead during
Zimbabwe's World Cup match against Namibia in Harare. The words of the eloquent
statement that they issued before the game are heart-felt and decent, a complete
antidote to the bland platitudes you get from players and administrators alike.
You can read the full
text here, but this is a precis:
"We cannot in good conscience take to the field and ignore the fact that
millions of our compatriots are starving, unemployed and oppressed. We are aware
that hundreds of thousands of Zimbabweans may even die in the coming months
through a combination of starvation, poverty and Aids. We are aware that many
people have been unjustly imprisoned and tortured simply for expressing their
opinions.
"We are aware that people have been murdered, raped, beaten and had their
homes destroyed because of their beliefs. It is impossible to ignore what is
happening. Although we are just professional cricketers, we do have a conscience
and feelings. We believe that if we remain silent that will be taken as a sign
that either we do not care or we condone what is happening.
"We have decided that we will each wear a black armband for the duration of
the World Cup. In doing so we are mourning the death of democracy in our beloved
Zimbabwe. In doing so we are making a silent plea to those responsible to stop
the abuse of human rights in Zimbabwe. In doing so we pray that our small action
may help to restore sanity and dignity to our Nation."
While Flower was white, his status as Zimbabwe's one world-class player
offered him more protection. Olonga, though, knew the risks. "If guys want to
take me out they can," he said. "They know where I live." Jonathan Moyo,
Zimbabwe's propaganda minister, called him an "Uncle Tom" who had "a black skin
and a white mask". He suggested Flower had forced Olonga to sign the
statement.
Olonga, who had been Zimbabwe's first black cricketer and should have been
regarded as a national hero, was ordered off the team bus, told to pay his own
hotel bill and given an air ticket out of the country. It was suggested that the
secret police were watching him. A warrant was issued for his arrest and he went
into hiding for a while. He has family in Kenya and has also lived in England,
pursuing a career in music.