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High
Court orders Mzembi to leave gold mine
http://www.newzimbabwe.com
11/02/2013 00:00:00
by
Staff Reporters
THE High Court has ordered Tourism Minister Walter
Mzembi and two other Zanu
PF officials to leave Renco gold mine in Masvingo
with immediate effect
warning the police would enforce the order should they
refuse to budge.
Zimbabwe Stock Exchange-listed RioZim Limited, which
owns the mine,
approached the High Court for relief accusing Mzembi, Chivi
legislator
Irvine Dzingirai and Masvingo district administrator Obediah
Mazombe of
trying to take over the mine under the country’s indigenisation
programme.
But in a judgement handed down Monday, Justice Hlekani Mwayera
ordered the
officials to leave the property, accusing them of disrupting
operations and
trying to use their political clout to illegally take over
the mine.
"In the guise of resolving labour disputes at the mine the
three used their
political influence and pretended to be urging the workers
to go back to
work," the judge said.
"It is however quite clear that
their intentions were to take over the mine.
The chaotic take-over displayed
a high level of lawlessness. The respondents
acted as if there are no labour
laws in the country.
"You are (therefore) ordered to vacate the mine
within 24hours, the deputy
sheriff is on standby and if necessary and under
authorization the ZRP will
assist."
Commenting on the ruling, Renco
Mine lawyer, Thabani Mpofu said: “The judge
delivered her ruling today
(Monday) and in terms of that ruling she found
the respondents to have
unlawfully taken over operations at the mine, they
had invited themselves at
the mine unlawfully and so she has ordered that
they immediately stop the
interference and also that the Dzingirai move out
of the company guest
house.”
But Everson Samkange who represented the trio said he would
appeal the
decision at the Supreme Court.
“Look our clients are not in
possession of the mine. The order does not
solve the dispute in any way. It
leaves the matter at the hands of the
parties,” he said.
“The
findings by her Lordship are therefore factually and legally
unsustainable
and liable to be set aside by the highest court of the land
which is the
Supreme Court. So we have appealed against the ruling.”
Mpofu however,
hit back saying: “It’s their prerogative to appeal, if they
want to do so, I
do not see any basis for that appeal because what they did
was unlawful ,
brazenly unlawful, and one would expect that they take the
ruling with the
respect it deserves, it is a solid ruling and they knew what
they did was
wrong.”
Mzembi has claimed that his involvement in the mine, which is
in his
constituency, was aimed at helping workers who are involved in a
labour
dispute with management.
Operations at the mine ground to a
halt last month when spouses of the
workers besieged the company offices
demanding their husbands’ annual
bonuses and better working
conditions.
RioZim officials claimed Mzembi had wadded into the dispute
in a bid to take
over the company and had already appointed Dzingai as the
new general
manager.
The minister however denied the allegations and
sensationally claimed the
company had offered him a US$100,000 bribe in a
bid to buy his silence over
the labour dispute.
"That's political
slander. I'm surprised by their statement, which seeks to
politicise what is
a dispute between them and their workers,” Mzembi said.
"I have no
interest in the mine's shareholders except to say they must
comply with the
laws of this country. I have never taken an ounce of gold
from Renco, nor do
I intend to, but my people are crying for justice.
“They tried to buy me
out of this case, with a US$100 000 brown envelope
which I turned down,
preferring to advance community and worker issues which
they have blatantly
violated over the past 40 years.”
But the company’s lawyers said the
bribery allegations were baseless adding
Mzembi should have reported the
matter to the police.
Zim to seize
mining company’s land
http://www.iol.co.za
February 12 2013 at 08:13pm
By
SAPA
Harare - The Zimbabwean government will seize nearly 28 hectares
of land
leased by platinum miner Zimplats, in a fresh drive to re-allocate
assets to
local business, the mining minister said Tuesday.
“My
ministry is taking a forward step to repossess from Zimplats land
measuring
27,948 hectares,” Obert Mpofu told journalists.
“The ministry will
exercise its prerogative to ensure that all idle ground
is repossessed and
reallocated to other investors.”
Mpofu said the repossession would
“invigorate the mining industry.”
Zimbabwe, which is recovering from a
decade of economic malaise, has passed
strict regulations for international
firms operating in the country.
One of them is a controversial
indigenisation law, which forces
foreign-owned companies to cede 51 percent
of their assets to black
Zimbabweans.
Last month Impala Platinum
(Implats) sealed a deal to sell a 51-percent
stake in its company Zimplats,
under the 2010 law signed by President Robert
Mugabe.
The deal will
see Impala get $971 million (731 million euro) making it one
of the largest
empowerment transactions in Zimbabwe to date. - Sapa-AFP
Zimbabwe
gives producers two years to refine platinum locally
http://www.reuters.com
Tue Feb 12,
2013 11:09am EST
* Government says value lost through semi-processed
exports
* Reclaims some ground from companies to 'curb
speculation'
* Industry says current output does not justify
refinery
By Nelson Banya
HARARE, Feb 12 (Reuters) - Zimbabwe's
government told platinum producers on
Tuesday to start refining the metal
locally within two years, placing a
further requirement on an industry
already forced to surrender majority
shares to locals.
Producers
would probably struggle to meet the new goal as refineries are
very costly
and can take several years to build, especially as Zimbabwe is
suffering
from a skills shortage.
Mines Minister Obert Mpofu told reporters
Zimbabwe wanted to derive more
benefit from the resource by having a
refinery in the country rather than
having metal refined in South
Africa.
"For some time the country has not realised significant value
from the
platinum sector beyond the traditional statutory payments," Mpofu
said.
"Consequently, the ministry has decided that beyond two years, it
will stop
processing exports for semi-processed platinum products. This is
expected to
give way for companies to begin channelling resources towards
value addition
through establishing a PGM (platinum group metals) refinery
in the country."
Zimbabwe has the world's second-largest known platinum
reserves behind
neighbouring South Africa, which sits on about 80 percent of
the white metal
used for make emissions-capping catalytic converters in
automobiles.
Zimbabwe has long pressed the platinum industry to build a
refinery. The
sector has said it has long-term plans to so but the current
output of below
300,000 ounces annually does not justify the expense,
estimated at $2
billion.
The world's top two producers, Anglo
American Platinum and Impala Platinum,
both have operations in
Zimbabwe.
Both Amplats and Impala recently signed off 51 percent stakes
in their
Zimbabwean operations to local black investors under a
controversial
empowerment law championed by long-ruling President Robert
Mugabe.
Mpofu also announced the government would reclaim some ground
from mining
companies, to be given to new investors in the sector.
He
said this move was meant to curb the holding of mining rights for
speculative purposes and would start with the repossession of nearly 28,000
hectares of land from Implats' subsidiary Zimplats.
"Following
protracted discussions on the release of excess ground, my
ministry is
taking a step forward to repossess excess ground from Zimplats,
measuring
27,948 hectares," Mpofu said.
Police
attempt to raid Peace Project offices at night
http://www.swradioafrica.com/
By Tichaona
Sibanda
12 February 2013
On Monday night police in Harare tried to
search the offices of the Zimbabwe
Peace Project, six hours after they had
earlier stormed the same offices.
During the lunchtime raid police, armed
with a warrant and in the presence
of lawyers, took away phone handsets,
wind up radios, files with donor
information, political violence reports and
DVD’s.
ZPP director Jestina Mukoko told SW Radio Africa the police were
back at
their Hillside base at night, but referred all questions to Zacharia
Godi,
the board’s vice-chairman.
Godi said eight officers tried to
‘break’ into their offices around 9pm but
set off an alarm. While the
security team that provides rapid response
services to the ZPP offices was
still on the site checking what had
triggered the alarm, eight officers
appeared from nowhere and demanded entry
into Mukoko’s office. Since the
office was locked the police officers could
not go in and search
it.
The Monday raids on ZPP’s headquarters in Harare have been roundly
condemned
by the country’s civil society organisations. ZPP’s work mainly
involves
monitoring political violence in different communities in
Zimbabwe.
Macdonald Lewanika, a director with the Crisis in Zimbabwe
Coalition, told
us ZPP’s work is unpalatable to the government who want them
shut down.
He said the actions of the police reek of intimidation and can
be
interpreted as a clear attempt to stop human rights defenders doing their
work.
‘The police are creating fictitious charges in order to invade
the space of
NGO’s and intimidate them to ensure they stop the work they’re
doing.
‘The raids of CSO’s and NGO’s are a continuous trend to
criminalise their
work and tarnish their image and ensure they’re not
operational, especially
as we move towards elections,’ Lewanika said.
UNDP
approves Zimbabwe request for election money
http://www.swradioafrica.com
By Violet Gonda
12
February 2013
Finance Minister Tendai Biti has said the United Nations
Development
Programme (UNDP) has approved a request by the cash strapped
Zimbabwean
government to fund the forthcoming polls, although he said the
Zimbabwe
Election Commission and the police had submitted ‘extremely high
and
unreasonable’ budgets.
Biti and Justice and Legal Affairs
Minister Patrick Chinamasa had written to
the UNDP asking for an estimated
$250 million for the purposes of
administering the constitutional referendum
and general election, scheduled
for this year.
The Finance Minister
told SW Radio Africa on Tuesday that the government had
received ‘a very
favorable response and we are now acting on the things that
they have
requested.’
Biti said he could not publicly divulge what has been
requested or how much
money Zimbabwe will receive. However he revealed that
the Zimbabwe Election
Commission had put forward budgets that were
unrealistic, with the original
budget in excess of US$500 million and the
second one over $300million.
He said experts from the two ministries were
now in the process of
reconciling the correct figures with ZEC, “to come up
with a credible and
legitimate budget that is sellable to everyone, to the
Ministry of Finance,
to parliament and to the international
community.”
Biti said various people who will work in the election
process were asking
huge per diem rates. Some were asking to be paid as much
as $70 per day.
“Another cause for concern was the request from the
Zimbabwe Republic
Police. In the original budget it was so clear that the
police were now
intending to capitalize on…the elections – which is not
proper,” Biti added.
“So what Minister Chinamasa and I have chosen to do
is to micro-analyse and
micro-audit the budgets that are coming from the
Zimbabwe Election
Commission with a view of coming up with a reasonable and
legitimate
figure.”
The police alone were asking for $180 million.
Some media reports say that
ZEC requests included $1 million for indelible
ink and at least $11 million
for voter education, adding to suspicions that
the figures were highly
inflated.
We could not reach ZEC officials
for comment.
Meanwhile, cabinet ministers who spoke on condition of
anonymity, said the
UNDP does not actually have the money but will
coordinate the donor
community to pledge money to sponsor the Zimbabwe
polls. The donors, who
include the United States and the European Union,
have made certain
conditions for funding the elections, such as allowing EU
observers.
The sources said if the donors put money it will be for the
referendum first
and then they will consider funding the general elections,
if Zimbabwe
implements the election roadmap and there is an end to human
rights abuses.
Ordinarily ZANU PF would not agree to any conditions, but
it is believed
that President Robert Mugabe and his party will probably
agree to some
demands as some observers say they are ‘desperate’ to have the
elections
before the United Nations World Tourism Organisation conference
in August.
Air
Zimbabwe planes grounded, debt soars to US$188m
http://www.newzimbabwe.com
11/02/2013
00:00:00
by Roman Moyo
AIR Zimbabwe’s debt has soared to
over US$$188 million at a time the airline’s
ageing fleet has also been
grounded over safety concerns, a company official
has
revealed.
Acting chief executive, Innocent Mavhunga, told the
Parliamentary portfolio
committee for transport Monday that the airline’s
debt had increased from
about $140 million to US$188 million as the company
defaults on payments and
also picks up new bills from service
providers.
Mavhunga also revealed the airline’s planes had been grounded
by the Civil
Aviation Authority of Zimbabwe following concerns the fleet was
now too old
to fly.
The airline currently operates two Boeing
aircraft, a B737-200 ER and a
B737-200 Adv, servicing domestic and one
regional route while the three
MA-60 turbo props acquired from China in 2005
are understood to have long
been taken out of service.
Mavhunga said
the increasing debts represent an acceleration of liabilities
for the
State-owned entity, whose predicament was worsened by government
price
controls during the decade-long economic crisis period which ended
with the
formation of the inclusive government as well as dollarisation in
2009.
He said Air Zimbabwe needed urgent capital injection adding
some of the
options available to the airline included going into
partnerships under a
commercial code-sharing arrangement.
Air
Zimbabwe was forced to withdraw from international routes, mainly the
lucrative Harare-London haul, in December 2011 after its aircraft was seized
in Johannesburg and London over unpaid debts.
Interim board chairman,
Munesu Munodawafa who is also the permanent
secretary for the Transport
Ministry, told the Parliamentary committee that
the airline would need to
pay US$158 million before it can resume the
international
flights.
Meanwhile, Mavhinga said the two airbus plane the government had
helped the
airline lease would be put to service in April in time for the
August United
Nations world tourism congress adding the company was paying
US$140,000 for
the deal.
“It costs US$410,000 a month to lease the
two planes (but they) are not yet
flying as we have not fully registered
them with the Civil Aviation
Authority of Zimbabwe,” he said.
He
added that the changeover to Airbus from Boeing would cost the airline
about
US$1 million which covers training pilots and engineers in Spain as
well as
re-equipping the airline’s hangers.
Air Zimbabwe’s top creditors include
ENNA, the Agency for Air Navigation
Safety in Africa and Madagascar
(ASECNA), China’s National Aero-Technology
Import and Export Corporation
(CATIC), Aero Industrial Sales and American
General Supplies.
CATIC
supplied Air Zimbabwe with the unpopular MA60 aircraft in 2005. The
airline
bought three MA60 planes but one developed technical faults before
it could
operate and is currently grounded.
ASECNA had already secured a court
ruling in France over which it could
impound Air Zimbabwe's airplanes due to
an overdue debt, while British
Airport Transport and American General
Supplies, a major supplier of
aircraft spares to Air Zimbabwe, had warned
that they could suspend services
due to accumulating arrears.
State
witness absolves MDC-T activists in Glen View trial
http://www.swradioafrica.com
By Tichaona
Sibanda
12 February 2013
A state witness, who gave evidence in-camera
at the ongoing murder trial of
31 MDC-T activists, has absolved them of
committing the crime.
Edinah Chihota told the court on Tuesday she could
not positively identify
any of them as the culprits who stoned the police
officer to death.
The trial of the MDC-T activists accused of murdering
police officer Petros
Mutedza in May 2011 began again on Monday and was
moved from the high court
to the magistrate’s court, to allow Chihota to
give her evidence. The
magistrate’s courts have facilities to host what is
known as a Victim
Friendly Court.
The witness had applied to the High
court to give evidence in-camera saying
she felt uncomfortable testifying in
an open court after receiving threats
from unknown people.
In her
testimony the visibly unsettled Chihota contradicted statements by
the state
that she saw the activists attack Mutedza. She categorically
denied seeing
any of the accused throw stones at the police officer, saying
she had very
little recollection of the events of that day.
Defence lawyer Charles
Kwaramba said Chihota gave evidence in camera for the
second day running at
the magistrate court. ‘I cannot go into detail with
what was said in court
but I can confirm as the defence team, we are done
with the witness and the
court will return tomorrow (Wednesday) at the High
Court.
‘It was
within her rights to apply to the courts to testify in camera as she
felt
unsafe to do so in public. We still have a doctor and a pathologist to
testify in this case,’ Kwaramba said.
Justice Chinembiri Bhunu is
presiding over the trial. Five of the activists;
Last Maengahama, Tungamirai
Madzokere, Rebecca Mafukeni, Yvonne Musarurwa
and Simon Mapanzure, are still
in custody after the judge denied them bail.
Some of the activists have
spent almost 21 months in remand prison.
Journalists have been barred
from covering the proceedings, however SW Radio
Africa can reveal that the
extent of Chihota’s contradictions have left the
case hanging by a thread.
Journalists barred from covering Glenview trial
MISA Zimbabwe Alert
12
February 2013
Journalists barred from covering Glenview murder
trial
Journalists were on 11 February 2013 barred from covering the trial
of 31
MDC-t activists accused of murdering a police officer, Petros Mutedza,
in
May 2011 which resumed yesterday at the Harare Magistrate
courts.
Chief Superintendent Charles Ngirishi is reported to have ordered
out the
journalists that were in attendance, alleging that he was acting on
instructions from the Attorney General’s Office, and that the proceedings
were to be held in camera.
Asked by journalists if there was a court
order barring the covering of the
story, Ngirishi said, “I have an
instruction from the AG’s office and this
case is not being covered by any
journalist. That’s an order.”
The Attorney General’s representative,
Edmore Nyazamba, also confirmed the
arrangement. “The proceedings are in
camera and you cannot be allowed to
cover the story,” he said.
The
trial was held in November last year with Justice Chinembiri Bhunu
granting
bail to 21 activists while denying Last Maengahama, Tungamirai
Madzokere,
Rebecca Mafukeni, Yvonne Musarurwa and Simon Mapanzure bail,
considering
them as unsuitable candidates.
Justice Bhunu also granted an application
by the State to allow a
‘vulnerable witness’, Ednah Chihota, to give
evidence “in camera”.
Journalists had turned out in large numbers
yesterday for the trial at the
Magistrates’ Court since the High Court does
not have Victim Friendly Court
facilities.
The trial continues on 12
February 2013.
End //
For any questions, queries or comments,
please contact:
Nyasha Nyakunu
Research and Information
Officer
MISA-Zimbabwe
Zimbabwe
Farmers to Stop Selling Maize to GMB
http://www.voazimbabwe.com/
Gibbs
Dube
11.02.2013
WASHINGTON DC — Some communal farmers, who have not
yet been paid by the
Grain Marketing Board (GMB) for maize delivered last
agricultural season,
say they will not sell any grain to the GMB this year
unless the state-owned
entity settles all outstanding
payments.
Disgruntled farmers in Mashonaland West, Midlands and Masvingo
provinces
told VOA Studio 7 that they are owed between $13,000 and $18,000
each for
maize and small grain delivered between May and July last
year.
Councillor Maqhawe Moyo of Silobela said the unpaid communal
farmers in his
area have asked local authorities to take up the matter with
Finance
Minister Tendai Biti.
Moyo said at least 20 farmers in
Silobela have failed to get their dues from
the GMB.
“We hope to hold
a meeting with the finance minister as soon as possible
because chances are
high that most farmers won’t deliver maize to the GMB
this year,” he
said.
Mike Shumba of Gutu, Masvingo Province, said they will this year
sell maize
to private buyers as the GMB has failed to honour its financial
obligations.
Patrick Dube, a member of the paliamentary agriculture
committee, said the
GMB officials lied that they have settled all
outstanding payments when they
appeared before the committee last year
following complaints by farmers that
they had not been paid for grain
deliveries.
Zimbabwe Faces Crayfish Crisis In Water
Ecosystem
Feb 12, 9:12 AM EST
BY ANGUS SHAW
ASSOCIATED PRESS
HARARE, Zimbabwe
(AP) -- Scientists in Zimbabwe say a fresh water crayfish
brought from
Australia is breeding out of control in the northern Lake
Kariba, devouring
the food sources of other fish and putting the nation's
entire aquatic
ecosystem at risk.
Officials at the Zimbabwe University lakeshore
research station say the red
claw crayfish, introduced a decade ago for a
fish farming project, has no
natural predators in the wild - crocodiles
don't like them - and they
produce clusters of eggs up to half the size of a
tennis ball that hatch
prolifically.
Baby crocodiles still feeding on
insects have been observed eating the
crayfish, as have Lake Kariba's
piranha-like tiger fish, but they generally
thrive in deeper water than the
crayfish.
Chief ecologist Crispen Phiri said the exploding, migrant
crayfish
population is infesting rivers, dams, ponds and tanks much farther
afield
where `'the scavenger eats everything -rotting vegetation, anything
organic
and micro-organisms" that other aquatic life and fish
need.
The red claw crayfish, scientifically Cherax Quadricarinatus and
known
colloquially in Australia as the yabby, is robust and hardy and cannot
be
poisoned without killing other natural species, Phiri said.
It
survives and multiplies in virtually any fresh water supply and though
its
flesh is high in protein it is not popular in the diet of ordinary
Zimbabweans, even those facing food shortages in the troubled
economy.
Phiri said it is not clear whether the sister crayfish, or
Cherax
Destructor, is infesting Lake Kariba, too. As its scientific name
suggests,
it is a burrower which can cause structural damage to drainage and
hydroelectric installations in Kariba, one of the world's largest manmade
lakes stretching about 300 kilometers (200 miles) on the Zambezi River along
the northern border with neighboring Zambia.
Like professionals in
most Zimbabwean institutions, the scientists are
suffering acute shortages
of funding. The station's only research vessel has
been docked for more than
five years awaiting cash for repairs. What the
ecologists do know is that
the red claw migrates deep into river systems.
"We have to do a lot more
work on the crayfish invasion," Phiri told The
Associated Press.
`'We
don't know yet what will happen to the ecosystem. It is an omnivore and
eats
detritus, rotting vegetation, dead fish, the eggs of bream and other
aquatic
life as well as all the organisms that are crucial in the whole
ecological
chain," he said.
Nor is it known exactly how many crayfish are in Kariba
lake. Phiri says
they are most visible breeding unchecked close to human
settlements, harbors
and slipways for boats. Kariba's "kapenta" fish, a tiny
tropical whitebait
or sardine that has become a staple food, was also
introduced into the lake
but does not migrate because it only lives in deep
water lake conditions.
The red claw from Australia was first "farmed" in
neighboring Zambia but has
already found its way deep into that country's
lake tributaries where its
worrying impact is also being urgently
tracked.
The solution to the crayfish crisis, said Phiri, seems to lie in
commercial
exploitation in traps similar to those used to catch marine
lobster.
In stores in Harare, it sells for $9 a kilogram (2.2 pounds),
$12 still
alive in fish shop aquariums, and far more in upmarket restaurants
patronized by the wealthy well-traveled elite and Zimbabwe's growing Chinese
community.
Phiri said impoverished villagers capture the red claw and
relocate to water
closer to urban markets in central
Zimbabwe.
Neighboring South Africa has banned commercial operations and
breeding of
the still water crustacean in Argentina, Mexico and Australia is
strictly
controlled for environmental reasons.
`'We don't have the
resources on the ground to license or police
exploitation on the right scale
at Kariba," said Phiri. "The important thing
is we don't want people to
introduce it elsewhere."
Kenya
PM pushes for MDCs pact
http://www.dailynews.co.zw
Tuesday, 12 February 2013 12:06
HARARE -
Kenyan Prime Minister Raila Odinga is reportedly pushing fractious
MDC
formations to form a united front against President Robert Mugabe in
elections scheduled for June this year, the Daily News can
reveal.
Highly-placed insiders from the two formations yesterday told the
Daily News
that representatives from Prime Minister Morgan Tsvangirai’s MDC
and those
from Industry minister Welshman Ncube’s formation recently met in
Kenya
where preliminary discussions to form a grand coalition were
mooted.
A coalition between Tsvangirai and Ncube, once united under the
MDC, would
create a realistic chance for the two formations to end Mugabe’s
33-year-old
rule.
Divisions between the MDC formations have been a
blessing for Zanu PF and in
2008, Tsvangirai trounced Mugabe in presidential
elections but the former
trade union leader failed to garner enough votes to
boot out the
octogenarian leader.
Tsvangirai polled 1 195 562 votes
(47,87percent), Mugabe got 1 079 730
(43,34 percent) while Ncube’s MDC sided
with former Zanu PF politburo member
Simba Makoni, who got 207 470 (8,31
percent) of the vote.
Analysts say a united MDC would have ended Zanu PF
rule but talks of an
alliance before the March 2008 polls fell through the
cracks.
The party split in 2005.
Although on the outside, Ncube
accuses Tsvangirai of siding with Mugabe and
blocking his ascendancy to be a
deputy prime minister, insiders say talks
are in the
offing.
Tsvangirai has in the past called Ncube, who enjoys regional
support in
Midlands and Matabeleland provinces, a village politician while
Ncube has
hit back describing his former comrade as a bedroom
politician.
Officials in Ncube’s MDC said talks of a unity pact between
the two parties
are on course as a result of the nudging by Odinga, a close
ally of
Tsvangirai.
Ncube, sources say, is well aware of his
parochial influence and favours a
coalition albeit where he dictates terms
“and not begs for power.”
Sources say the former MDC secretary-general
“feels he has nothing to lose
but everything to give” because of the sway he
claims to hold in
Matabeleland region.
Moses Mzila Ndlovu from the
Ncube faction reportedly led a delegation to the
Nairobi talks last
week.
Nhlanhla Dube, spokesperson of the Ncube faction could neither
confirm nor
deny that talks were underway.
“Our leaders always travel
together when we are invited by our African
brothers. We engage with them on
several issues including government
matters,” said Dube, was all he could
say.
Sources close to the talks say that Ncube was also under pressure
from his
party’s heavyweights like Education minister David Coltart, who is
an ardent
advocate for a united front against Mugabe.
Top officials
in Ncube’s MDC from Mashonaland regions also favour a
coalition with
Tsvangirai as they have a better chance of getting leadership
roles.
Tsvangirai enjoys support in Mashonaland provinces especially
in Harare,
home to over two million potential voters.
Tendai Biti has
also been one of Tsvangirai’s top officials who are said to
favour a
coalition with Ncube who publicly “does not want to be seen
vacillating like
Deputy Prime Minister Arthur Mutambara” who wavers between
Zanu PF and the
MDC.
In the past, Ncube has ruled out a coalition to unseat Mugabe with
his
former president saying Tsvangirai could turn into a dictator if he ever
gets into power.
“Ncube wants to be seen as a decisive leader who
does not change his
principles, that is why he was against the coalition.
But for the good of
the nation, he knows it is the best move,” said the
source.
Tsvangirai and Ncube split in 2005, ostensibly over the party’s
participation in the senatorial elections.
However, Tsvangirai in his
autobiography, “At the Deep End” claims the split
was engineered by Thabo
Mbeki, the former South African president.
According to Tsvangirai, Mbeki
wanted the MDC to self-destruct and leave
Zanu PF to rule without strong
opposition.
Tsvangirai’s MDC could not comment. - Fungi Kwaramba and
Mugove Tafirenyika
Typhoid
cases continue to rise
http://www.dailynews.co.zw
Tuesday, 12 February 2013 12:01
HARARE - Zimbabwe
continues to pay a heavy price for poor health services as
typhoid firms its
grip nationwide.
Suspected cases have risen to almost 7 000 with 141 of
them having been
confirmed.
Fatalities stand at six, according to
latest statistics from a ministry of
Health report.
According to the
report, Harare still leads in typhoid cases followed by
Chitungwiza and
Chegutu. Sanyati, which previously had not recorded cases,
has joined the
list of areas affected by the waterborne disease.
“Two hundred and fifty
new typhoid cases were reported during the week
(ending January 27, 2013).
The cases were reported from Chitungwiza Central
Hospital (eight), Sanyati
District (two), Chegutu District (one) and Harare
City (239).
“The
cumulative figure for typhoid since October 2011 is 6 805 suspected
cases,
141 confirmed cases and six deaths,” reads the report.
Health experts
have since warned of a potentially devastating typhoid
epidemic if measures
are not taken to address the causes of the disease.
The disease is mostly
spread through contaminated water and, like its
bacterial cousin cholera
which claimed about 4 000 people since 2008, has
proved to be
deadly.
Typhoid cases have been reported in different parts of Zimbabwe
since 2011.
The worst affected areas have been the densely-populated
suburbs of Harare
including Glen View, Kuwadzana, Mufakose, Kadoma and the
dormitory town of
Chitungwiza.
With rains falling hard and public
hospitals incapacitated, there are
serious warnings that the disease will
continue to spread.
The ministry said total diarrhoea cases reported for
the same period are 9
889 cases and four deaths.
Of the reported
cases, 4 783 (48,4 percent) and the resulting deaths were
from the
under-five age group.
The highest number of diarrhoea cases was recorded
in Mashonaland Central
and Mashonaland West provinces with 1 543 and 1 283
people affected
respectively.
The cumulative figure for diarrhoea is
37 123 and 26 deaths.
Last December, Health and Child Welfare minister
Henry Madzorera warned the
water-borne disease could soon overwhelm the
cash-strapped inclusive
government if councils fails to address the issue of
garbage and supply of
safe water. - Wendy Muperi
Zanu
PF gets tetchy over Gukurahundi
http://www.newzimbabwe.com
12/02/2013 00:00:00
by Staff
Reporters
ZANU PF has warned rival against using the emotive
Gukurahundi issue to win
votes in the Matabeleland and Midlands regions as
parties step up
campaigning for general elections expected later this
year.
Zimbabwe is currently is expected to hold polls to replace the
coalition
government which came into office in 2009 and is credited with
helping ease
political tensions and ending the country’s decade-long
economic crisis.
Parties have already started campaigning for the key
ballot although the
election date has yet to be named with President Robert
Mugabe and Prime
Minister Morgan Tsvangirai giving conflicting signals over
the issue.
Zanu PF chairman for Bulawayo told local journalists last
Friday that it was
irresponsible for rival parties to use the Gukurahundi
disturbances of the
1980s to win try and votes in the
region.
“Talking about it (Gukurahundi) risks disturbing peace and in any
case we
know that other people only want to talk about it in order to gain
mileage
and nothing else,” said Sibanda.
The leaders of the MDC
formations have called for a resolution of the issue
with Tsvangirai saying
it was unacceptable that perpetrators of the
atrocities were still walking
free while their victims continued to cry out
for justice.
In July
last year, Welshman Ncube urged openness over the issue, telling the
State-run Sunday Mail newspaper: “(What) should be done is a basic minimum;
otherwise it will not go away.
“We must admit frankly and openly that
Gukurahundi happened in the manner in
which it happened. That there were
people who were killed, people who were
maimed; people who lost their homes,
people were driven into exile.
“There are people today who can’t still
get documents arising out of
Gukurahundi: there is no father, there is no
mother, and there is just a
child who can’t get a birth
certificate.
Rights groups claim that at least 20,000 were killed in the
early 1980s when
the government deployed a specially trained army unit to
put down what was
described as a dissident menace in Matabeleland and the
Midlands regions.
The violence ended when Mugabe and PF Zanu leader
Joshua Nkomo agreed a
unity deal in 1987 which saw their parties merging
with the Zanu PF leader
becoming State president and his Nkomo his
deputy.
Mugabe has not apologised for the killings, only describing them
as a moment
of madness and his Zanu PF party remains divided over calls for
prosecution
of the alleged perpetrators and compensation of
victims.
A suggestion by the party’s legal secretary and defence minister
Emmerson
Mangagwa that the issue is a “closed chapter” was derided by former
information minister and politburo member Jonathan Moyo who described the
remarks as “irresponsible and unacceptable”.
Meanwhile, Sibanda
warned that exploiting the emotive issue risked stoking
political tensions
in the country.
“Journalists have a responsibility to promote peace because
if the issue is
not handled properly it risks disturbing peace.”
Sibanda
said the people making the most noise about Gukurahundi today never
said a
word when the atrocities were allegedly being committed.
He also slammed
the breakaway PF Zapu faction led by Dumiso Dabengwa of
trying to use
Nkomo’s name to win votes in the new elections.
“Dr Nkomo’s
commemorations should be a national event that should be
organised by
Government officials not by mere Zapu members. If that happens
the reality
is that it will be a political meeting than anything else,” he
said.
“Zapu is losing support and the only way they can lure people
into their
party is to use Dr Nkomo’s legacy, but that will never
work.”
Zanu PF has since vowed to end the MDC formations’ dominance in
the region
with local government minister Ignatius Chombo telling supporters
last
month: “When you vote, choose Zanu PF - the people who have your
concerns at
heart.
“We know that MDC is everywhere but we are geared
for the elections. During
the last elections in 2008 we did not do well
because of MDC but that will
not happen again.
“MDC councillors are
awarding themselves tenders and spending rate-payers’
money. My hair has
grown grey because of fighting with MDC on a daily
basis.”
NCA:
Justice Minister Chinamasa Must Stop Insulting NGOs
http://www.voazimbabwe.com
Jonga
Kandemiiri
11.02.2013
WASHINGTON DC — The National Constitutional
Assembly (NCA) says comments by
Zanu-PF deputy legal secretary and Justice
Minister Patrick Chinamasa over
Non-Governmental Organizations and their
role in voter education in the
country are dangerous and could see
independent groups being targeted by
overzealous party
supporters.
Addressing a Zanu-PF rally in Harare Sunday, Chinamasa urged
party
supporters not to allow so-called “outsiders” to conduct voter
education
saying they will be politically misled.
Chinamasa said:
“Most non-governmental organizations have got hidden agendas
hence the need
to exercise caution.”
But NCA chairman and University of Zimbabwe
lecturer, Lovemore Madhuku, said
Chinamasa’s statements are inflammatory,
adding politicians should watch
what they say as the country heads towards a
constitutional referendum and
crucial general polls.
The NCA is
campaigning against the adoption of the current draft
constitution claiming
that it was a negotiated process instead of a
people-driven
exercise.
President Robert Mugabe's Zanu PF party and the MDC formations
of Prime
Minister Tsvangirai and Industry Minister Welshman Ncube have
already
started urging their supporters to vote in favour of the draft
constitution
in the forthcoming constitutional referendum.
Plea
from Mudzi youths
http://www.dailynews.co.zw
Tuesday, 12 February 2013 10:11
HARARE - Youths in Mudzi
have demanded that the coalition government
institute measures to ensure
that young people are protected from violence
that has haunted successive
elections in Zimbabwe.
They say areas such as Uzumba, Maramba and Pfungwe
are particularly
volatile, leaving youths vulnerable.
Speaking at an
electoral rights indaba that was held at Zhuwawo village Ward
11 in Mudzi,
the youths pledged to play a leading role in the
democratisation process in
Zimbabwe by fully participating in the electoral
process.
They have
begun an active campaign to urge their peers to register as
voters.
About 120 youths braved the intimidating political atmosphere
in Mudzi and
vowed to make the voter registration exercise a success and
said they will
not leave any stone unturned in the build-up to the
forthcoming elections.
The youths said politicians who want to use
unscrupulous tactics to divide
young people in the constituency will not be
tolerated.
They called on traditional leaders to refuse being used by
politicians by
denying youths proof of residence to register as
voters.
In the course of the rights indabas that have so far been held by
Youth
Agenda, it has been discovered that traditional leaders usually take
advantage of their socio-cultural influence to make it difficult for youths
to register as voters as they hold the key to the important proof of
residence documents.
Mudzi is one of the areas that were engulfed by
political, violence
including the infamous “Long Sleeve and Short Sleeve”
amputation frenzy that
left hundreds handicapped and many others
dead.
The Mudzi electoral rights indaba is part of a series of training
programmes
that are meant to equip the youths with knowledge on their right
to
participate in the electoral process. - Staff Writer
Diaspora
protests to ‘intensify’ ahead of Zim poll
http://www.swradioafrica.com
By Alex Bell
12 February
2013
The heads of a global protest movement that has been campaigning for
real
reforms in Zimbabwe for over a year has vowed to ‘intensify’ their
protest
action, before elections expected this year.
The comments
have been made as Zimbabwe marks the four year anniversary of
the formation
of the unity government, which officially came into being when
Morgan
Tsvangirai was sworn into office in February 2009.
But four years later,
there has been little change with the only progress
being the recent
adoption by the country’s politicians of a draft
constitution. This
constitution will be put before a public referendum,
paving the way for
elections this year.
Tonderai Samanyanga, an MDC-T UK official who heads
the UK wing of the Free
Zimbabwe Global Protest Movement, said that the
reforms they have been
campaigning for as a protest group have not been
implemented.
He told SW Radio Africa on Tuesday that the monthly
protests, which began
last January, will now intensify to ensure real
changes are seen before an
election.
“We need to ensure this happens.
Media reform, security sector reform. These
are key to our protest. We also
want to ensure there are international
monitors on the ground,” Samanyanga
said.
The protests, also called the 21st Movement, have been taking place
outside
Zimbabwean and South African embassies every month around the world
for over
a year. The protests have targeted South Africa has the mediator in
Zimbabwe’s
political crisis, trying to pressure President Jacob Zuma to
ensure there
are real reforms before elections.
Samanyanga also said
the four year old unity government should have engaged
more with the
Diaspora, because “we are an important constituency.” He said
the failure to
include the Diaspora’s voting rights in the new constitution
is a key
indicator that the Diaspora has not “had the full engagement we
would have
expected after four years.”
Meanwhile the Civil Society Monitoring
Mechanism (CISOMM), a non-partisan
collective of NGOs that has been
monitoring and evaluating the unity
government’s progress over the past four
years, will be giving a report on
the situation on Wednesday. A press
conference will be taking place at the
Zimbabwe Lawyers for Human Rights
head office at 11am on Wednesday morning.
Zanu
PF plan to torpedo Knight, Sibanda run for MP
http://www.newzimbabwe.com/
11/02/2013
00:00:00
by Staff Reporter
ZANU PF strategists are
poring over the Electoral Act in a bid to scuttle
Ezra Tshisa Sibanda and
Eric Knight’s political ambitions, New Zimbabwe.com
has learnt.
The
two former Radio 2 DJs plan to run for MP in general elections set to be
held this year.
Zanu PF strategist Professor Jonathan Moyo, in an
informal briefing with
journalists, suggested the two UK-based parliamentary
aspirants faced major
legal hurdles.
Sibanda wants to run on an MDC-T
ticket in the Zanu PF-held Midlands
constituency of Vungu, while Knight is
throwing his hat in Mbare – also for
the same party.
The two men must
first win tightly-contested primary elections before they
get the party
ticket.
Moyo said: “It's not a surprise that to qualify for their primaries
they
must show British residence. But to qualify to contest elections in
Zimbabwe, they must demonstrate that they were resident in the country for
12 continuous months preceding the elections.
“It’s not only their
names which have a common E, their intentions to
contest elections in
Zimbabwe also have a common problem. They cannot
rectify it in time for
elections.”
Moyo’s argument is based on a reading of Section 23 (3) of
the Electoral Act
dealing with “residence qualifications of voters”. It
provides for the
removal by the constituency registrar of individuals from
the voters roll on
the disqualification or death of such persons, or their
absence from their
constituencies for more than 12 months or the
redomiciliation of such
persons in another country.
We asked five
lawyers for their opinion on Moyo’s reading of the Electoral
Act – and all
five said any attempts to bar Sibanda and Knight would likely
come to
grief.
MDC leader Professor Welshman Ncube, a constitutional lawyer,
said: “If they
are registered as voters, and as long as they are back in
Zimbabwe by the
sitting of the nomination court, I can’t see anything to
stop them from
participating in elections.”
Alex Magaisa, a former
law lecturer who is now Prime Minister Morgan
Tsvangirai’s Chief of Staff,
said Moyo’s interpretation was “selective and
incorrect”.
He
explained: “A close reading of Subsection 3 of Section 23, shows that a
person who is registered in terms of the proviso to subsection 1 is exempt
from the residence requirement. The proviso to subsection 1 states that ‘if
a claimant satisfies the Registrar-General of voters that he or she is or
intends to be a candidate for election as a member of Parliament for a
particular constituency in which he or she is not resident, the claimant may
be registered as a voter in that constituency’.
“Eric Knight and Ezra
Sibanda and indeed many other aspiring candidates that
are not resident in
the prospective constituencies fall into that category.
When you read the
subsection 3 on the residence requirement which applies to
all other voters,
it specifically makes an exception in regards to the
special category of
persons who are registered under the proviso to
subsection 1, i.e.
non-resident persons who are or intend to be candidates
for election as
MPs.
“There are probably many aspiring candidates who do not reside or
have not
resided for a continuous period of 12 months in the constituencies
which
they aspire to represent.”
Taffy Nyawanza, a UK-based
Zimbabwean lawyer, added: “Section 23 of the
Electoral Act is what is known
as a ‘durational residence requirement’. The
overriding part of section 23
is the part which says ‘subject to the
Constitution’. The provision in
question must therefore be interpreted to
comply with the Constitution and
in particular, not to offend against the
provisions relating to the
fundamental freedoms of assembly, association and
movement.
“There
are therefore three main ways to argue this; first, that such a
requirement
of minimum residency for a parliamentary candidate offends
against the
fundamental freedoms protected by the Constitution on the basis
that it is
not reasonably justifiable in a democratic society; or second;
that it
offends because it is unreasonably long and is therefore arbitrary
or;
three; that in any event the petitioners have always had their domicile
in
Zimbabwe; domicile being a nuanced way of arguing residency.
“Ezra and
Eric will likely be met with the argument that the Constitution
itself lists
in its Schedule 3 the same 'durational residence requirements'.
However, in
the famous Munhumeso case of 1994, the Supreme Court of Zimbabwe
ruled that
in a situation where there is inconsistency between separate
provisions of
the Constitution, the Constitution must always be interpreted
in favour of
the liberty of the petitioner.”
Brighton Mutebuka, who runs a Leeds law
firm in England, said that
particular section of the Electoral Act was
“poorly drafted” – but insisted
that it was unlikely it could be interpreted
to thwart Sibanda and Knight’s
political ambitions.
He told New
Zimbabwe.com: “The key issue is the interpretation of the
following
provision: ‘a claimant shall be deemed to be residing in a
constituency
while he or she is absent therefrom for a temporary purpose’.
“Who
determines or interprets what is a temporary purpose? I have looked at
Section 4 of the Act which deals with interpretation to see whether the term
is defined in the Act but it clearly isn't.
“Given this state of
affairs, and given how poorly drafted the provision
is – it is open to being
interpreted widely – it follows that there is
nothing that can stop Ezra and
Eric to argue that they were in the UK for a
‘temporary purpose’. This can
include being in the UK for the purposes of
education and
employment.
“Further, continued ownership of immovable property,
remittances of money
for the payment of rent or rates or similarly related
expenses in the
relevant constituencies would seem to suffice with regard to
the issue of
intention to return.
“Judges often refuse to interpret
poorly drafted legal provisions narrowly,
particularly in situations that
involve the interpretation of fundamental
human rights such as the right to
vote.”
Lance Mambondiani, a New Zimbabwe.com columnist and legal expert,
appeared
to agree with Moyo only in so far as ordinary voters were
concerned, but
suggested Moyo had “misread the provisions in the Electoral
Act regarding
the eligibility of aspiring MPs.”
“In my view, the Act
would prohibit voters who have not been resident in a
constituency from 12
months from voter registration, but exempt prospective
MPs from the 12
months residency rule. If the Act were to be applied
strictly, the
restriction would not apply to the prospective Diaspora MPs,”
he
said.
“Section 23 (1) generally outlines that for anyone to be eligible
for
registration as a voter, you need to be a resident of that constituency
at
the time. However, an exemption is made for prospective MPs. For example,
if
an MDC-T or Zanu PF candidate wants to be an MP in a constituency in
which
they are not resident, they can be registered as a voter in that
constituency provided they satisfy the Registrar General that they are
indeed a prospective MP.
“Subsection 2, then clarifies the term
‘resident’ and the circumstances
under which a person can be disqualified
for registration. Firstly, a person
is still deemed to be residing in a
constituency if you have been absent for
a temporary purpose.
“The
contentious provision which have been interpreted to exclude MDC-T
candidates from the Diaspora from eligibility is subsection 3, which
disqualified voter registration for people who have not been residing in a
constituency for a continuous period of twelve months. However, that
disqualification specifically excludes 'a voter who has been registered in
that constituency in terms of the proviso to subsection (1)’.
“The
exclusion from the 12 month residency requirement refers specifically
to
those people who are registered in a constituency in terms of section 23
(1)
by virtue of be [ends here]
Survivors of political violence
gather in Zaka
The 2013 National
Elections in Zimbabwe should be monitored by the International and Regional
community just like what happened in the 1980 elections when Zimbabwe gained its
Independence…. Mr Zanga airing his contribution during a
public interface meeting organised by HZT in Zaka.
Survivors of all forms of political violence during the
public interface meeting in Zaka
Hundreds of survivors of
political violence gathered in ward 13, Zaka on the 10th of February where they
took time to reflect on the psychological, physical and social injuries they
have suffered in the past years. They also took the opportunity through HZT
facilitation to deliberate on their minimum demands and expectations for
elections which are scheduled to take place this year. HZT is running a campaign
dubbed, Mathew 5vs 9 : “Blessed are
the Peacemakers” aimed at
promoting a culture of peace and tolerance as the country heads for watershed
elections. The campaign targets communities in some of the hot spots districts
in Zimbabwe which recorded highest cases of political violence during the 2008
political violence namely Zaka, Gokwe, Buhera and Muzarabani.
The program was attended by
traditional leaders, church leaders, political leaders in the area, and 210
victims of political violence. The survivors of political violence took turns to
air their views on minimum conditions for the holding of violent free, fair and
transparent elections. All the demands from the four targeted areas will be
collated and submitted to three principals of the Inclusive Governement in a
niche to continue pressuring them to guarantee that the heinous activities
associated with elections in Zimbabwe will never again be repeated. The minimum
conditions are expectations of victims they want implemented first for them to
freely participate in the scheduled elections.
During the meeting, Elder
Jaricha of the Apostolic Faith Mission preached on the need for survivors of
violence to take it in their hearts to forgive those who perpetrated violence
against them. He also urged the participants to remain steadfast as they soldier
on for the realisation of their goals which made them victims in the first
place.
Heal Zimbabwe staff then took
the participants through the political developments in the country, the
endorsement of the draft constitution by Parliament and what it means to the
survivors of political violence. The HZT team also gave those present insight
into the provisions in the new constitution of the National Peace and
Reconciliation Commission and its significance on peace building efforts in the
country. He also urged survivors of violence and torture to actively
participate in the forthcoming referendum and harmonised elections as it is
their right to participate in democratic processes. Delegates were encouraged to
exercise tolerance during the forthcoming elections in order to achieve free,
fair and peaceful elections.
The delegates then gave
testimonies of the different forms of political violence they have encountered
over the years. By speaking publicly and openly about the human rights
violations they have encountered over the years, it enabled them to go through a
therapeutic transformation by sharing their past encounters with others who have
faced more or less victimisation. They then took turns to air their minimum
conditions for free, fair and peaceful elections. The survivors of political
violence vowed non participation in the upcoming elections if their demands are
not met.
Summary of minimum conditions for free and fair
elections from the view of survivors of political
violence:
- All political parties should be allowed to campaign
freely without being intimidated of harassed.
- All survivors of any form of political violence should
be given full access to medical facilities as a matter of urgency.
- All those campaigning for either a yes/no vote during
the constitutional referendum should be allowed to do so peacefully. No one
should be victimised for either voting yes/no in the referendum.
- The 2013 national elections in Zimbabwe should be
monitored by the International and Regional community just like what happened
in the 1980 elections when Zimbabwe gained its Independence.
- Members of the police and the army should not be
allowed to interfere with the election process in any way, if there is need for
security it should be provided by the UN standby force.
- Survivors of political violence should not be coerced
into supporting a certain political party like what happened in the June 2008
election run off.
- Regional and International monitors and observers
should be in the country 6 months before and 6 months after the election period
in order to reduce cases of violence on the electorate.
- Government should reparate all survivors of political
violence who lost their sources of livelihoods due to political violence before
any call for elections.
- All those who had their livestock confisticated during
the 2008 political violence should be compensated by the political parties
responsible before any call for elections.
- The Zimbabwe Electoral Commission should be led by a
new secretariat not the one which was in charge during the 2008
chaos.
- ZEC should make sure there are no delays in announcing
election results like what happened in 2008.
- People who are differently abled should be assisted by
a person of their choice in the voting booth and there should be no other
election official close by including any member of the police.
- Civil society organisations should attend political
rallies and record all forms of hate speech promulgated at rallies as people
are being threatened and harassed at such political gatherings.
- Traditional leaders should desist from openly
supporting any political party and should be barred from forcing people to
attend political rallies.
- Civil society organisations should set up district
centres in order to monitor cases of political violence and should be ready to
swiftly rescue victims of political violence in case there is an outbreak of
violence.
- Youth officers under the Ministry of Youth,
Indigenisation and Empowerment should desist from harassing communities. These
youth officers should not be allowed to become election officials during the
forthcoming elections as they have openly displayed that they are
partisan.
- All perpetrators of political violence should be
arrested before the next round of elections and justice should prevail on all
those who perpetrated criminal activities during the past
elections.
- All those who perpetrated political violence during the
previous elections should openly ask for forgiveness as well as restitute the
people they offended.
- Supporters of different political parties should heed
their Principals’ call for non violent campaigns and should stop intimidating
other perceived enemies.
“The cry for Peace will be a cry in the wilderness, so long as
the spirit of nonviolence does not dominate millions of men and
women” Mahatma
Gandhi.
EU warned on blood diamond love
triangle
For immediate
release
Global Witness today called on EU foreign ministers to
strengthen measures which restrict sales of diamonds from Zimbabwe’s
controversial Marange region to Europe. The warning comes as Belgium pushes for
sanctions against Zimbabwean diamond mining interests to be dropped. EU foreign
ministers will meet in Brussels on Monday to conclude
negotiations.
“Global Witness’ investigations point to a serious risk
that diamond revenues could be used to fund violence in this year’s election.
The Belgian government is claiming concern for the Zimbabwean people; however
its true interests are closer to home in the diamond markets of Antwerp,” said
Global Witness diamonds campaigner, Emily Armistead. “EU members seeking to
promote democracy and stability in Zimbabwe should avoid a ménage-à-trois with
Belgium and its diamond dealers this Valentine’s day.”
Global Witness published detailed evidence last year
indicating that diamond revenues are providing off-budget financing to ZANU-PF
controlled security forces with a history of committing electoral violence.
Investigations have revealed links between joint-venture diamond mining
companies in eastern Zimbabwe and military, police and intelligence
organisations loyal to Mugabe. When elections last took place in 2008, these
same groups were involved in attacks against the opposition, reportedly killing
over 200 people and torturing thousands.
The sanctions, designed to encourage Zimbabwe’s
transition to democracy, are increasingly dividing opinions across Europe’s
foreign ministries. Whilst some members believe that restrictive measures should
remain in place until Zimbabwe’s elections later this year, the Belgian
government is pressing for sanctions against the state-owned diamond company,
Zimbabwean Mining Development Corporation (ZMDC), to be dropped immediately.
Global Witness is calling for:
- ZMDC to remain on the
list of entities affected by restrictive measures and;
- A joint-venture mining
company with links to senior Zimbabwean military officials, Anjin, and Hong
Kong-based businessman Sam Pa to be added to the
list.
“Relaxing measures against Zimbabwe’s diamond sector now
could mean a serious cash injection for security forces with a track record of
voter intimidation and violence, just months before the 2013 election,”
continued Armistead. “The EU should hold a steady course, and restrict trade
with diamond mining operations in Marange until free and fair elections have
taken place.”
ENDS/
Contact: Emily Armistead
on +44 207 492 5888; +44 7885 969 480;earmistead@globalwitness.org or Annie Dunnebacke on +44
207 492 5897; +44 7912 517 127; adunnebacke@globalwitness.org.
The MDC
Today
http://www.mdc.co.zw
Tuesday, 12 February 2013
Issue - 513
The trial of
the 29 MDC members who are facing false charges of murdering a
police
officer in Glen View, Harare in May 2011 continued at the Victim
Friendly
Court at the Harare Magistrates’ Court today.
Ednah Chihota continued to
give evidence before High Court judge, Justice
Chinembiri Bhunu. The
proceedings again were again closed to the media and
members of the public
after Chihota said she could not give evidence in an
open court as she had
received threats from unknown people.
The trial moves to the High Court
tomorrow after the State lawyers finished
cross examining Chihota today. All
the 29 members were back in court despite
repeated attempts by the State to
deny them bail for months claiming they
were a flight
risk.
Meanwhile, the trial of Hon. Lynette Karenyi Kore, the MP for
Chimanimani
West who is jointly charged with Freddy Dziwande, the MDC
Chimanimani West
district chairperson for holding a rally without police
clearance in
November last year, kicked off yesterday with the
officer-in-charge of
Nyanyadzi Police Station testifying.
MP Kore and
Dziwande are denying the charge and say they were arrested at a
ward meeting
to repair a damaged roof at Shinja Primary School and the
meeting was not
political and did not require police clearance or
sanctioning.
Hon.
Kore is also the MDC Women’s Assembly organising secretary. The trial
will
resume on Thursday before Mutare magistrate Sekesai Chiundura when more
state witnesses will testify.
The MDC’s position is that the arrests
of its members is nothing but an
attempt by a desperate and panicking Zanu
PF that is using State agents and
institutions to arrest, harass and
intimidate MDC members.
The MDC urges its members to remain resolute and
focused as we enter the
last mile towards real Change.
The Last Mile:
Towards Real Transformation!!!
Zimbabwe Lawyers for Human Rights analysis of Draft Constitution
See it
here -
http://www.swradioafrica.com/Documents/ZLHR%20Analysis%20of%20COPAC%20Draft%20Constitution%20Feb%202013%20Final.pdf
The
culmination of ZANU PF oppression of the people
http://www.swradioafrica.com/
Politics is clean; it is men
who are dirty.
By Zanda Shumba
Independent Observer
After the
Zimbabweans rejected the referendum of 2001 ZANU PF was shaken and
angry. We
then saw self styled war veterans invade farms of predominantly
white owned
farms and drive off violently the white owners… some were killed
and assets
were looted. For ZANU PF it was a way of trying to garner waning
support of
the masses. But we the people were not going to be fooled. We
still loathed
the violent and blood thirsty ZANU PF and could not vote for
it in 2002.
However ZANU PF still managed to manipulate the elections since
it was a
candidate and also running the elections. ZANU PF tilted the
playing field
in its favor. In urban areas where MDC had more supports,
voting was
restricted through two ways i.e few polling stations and a slow
processing
of voters. So by the closing of polls many people had not voted
largely in
urban areas where MDC had a lot of support.
So through rigging and
manipulation of the playing field ZANU PF won. Still,
the Zimbabwean
illegitimate government embarked on a disastrous land reform
programme in
which land was violently confiscated from the white farmers who
were doing
the farming successfully. Much of the land was claimed through
corrupt means
by officials from ZANU-PF, army officers, high ranking police
officers, etc.
Several thousand farm workers were excluded from the
redistribution. It
seemed the higher someone’s rank in government or army,
the better the farm
he or she acquired. However the results of the land
reform were and are
disappointing. These new farmers don’t have capital, the
training and or
even the inclination to farm efficiently. They now have
returned to
primitive subsistence farming, where they only grow enough for
their needs
with a little or nothing for sale. The land now produces a
fraction of its
potential output. Some less literate farmers have either
sold some of the
farming equipment remaining on the farms, or butchered and
ate or sold herds
of livestock that have taken many years to build.
Now when ZANU PF embarked
on this land reform, in my opinion and some
others`, it was to afford Mugabe
an opportunity to boost his political
legitimacy and waning support, but the
result was that the whole economy
collapsed. Zimbabwean economy is agro
based. Most firms produced goods and
services that were linked directly or
indirectly to agriculture. The
industry that produced inputs for agriculture
scaled down their operations
due to slow business: so was the industry that
used to process agricultural
output from the farms as there was no longer
output from the farms. The
railroad whose major business was to ferry inputs
and output to and from the
farms was also badly affected. The financial
sector was not spared too. The
majority of their clients were the original
white farmers who used to get
loans to support their farming activities. The
country GDP went down by
about 80% as a result. Many people lost their jobs
because agriculture was
the backbone of our economy. The marginally poor
were the worst affected.
Education which was heavily subsidized suffered a
heavy blow. We witnessed a
series of strikes by the teachers from 2003
onwards, but this was largely
ignored by the repressive Herald and Sunday
mail. ZANU PF did not foresee
this collapse because of its lack of
foresight.
When this collapse was apparent and manifesting as untold
suffering to the
people, then the aged president Robert Mugabe began using
sanctions as a
scapegoat for his mistakes and lack of foresight. The
President still use
whatever platform and opportunity he gets to tell the
world and Zimbabweans
in particular, that the EU and the West hate our
country because we carried
out the land reform. It is apparent to all that
the ill planned land
acquisition and redistribution coupled with
mismanagement and corruption is
what hurt the economy. The only real
sanctions we know are travel bans
imposed on Mugabe and his cronies. ZANU PF
is still lying to the people.
So we maintain this, and don’t want to continue
to be misled, that the
suffering we are enduring is as a result of ZANU PF`s
failed land
redistribution programme which did not have the mandate of the
people. Now
that people have been intimidated by the ruling party`s
repressive machine,
ZANU PF still mocks the same people by saying they are
resilient. People are
not resilient; they are scared to take to the streets
because of heavy
intimidation by ZANU PF through the army, police and the
CIO.
In the 2008 elections which were heavily marred by violence ZANU PF
managed
to rape the people`s will again, first by delaying the announcing of
the
election results and by Mugabe contesting and winning a solo election in
the
bloody runoff after Tsvangirayi stood down citing violence.
Mugabe
though his propaganda machines forced Tsvangirayi to cower into the
dysfunctional inclusive government which we mistrusted from its onset as to
its effectiveness. The inclusive government does not have the mandate of the
people.
It also seems like South Africa, the mediator, is not so keen to
solve the
Zimbabwean issue. The collapse of the Zimbabwean economy leads to
the growth
of the South African economy. We now buy most of our goods from
SA and most
of our people have gone to seek political or economic refuge
there. Recently
South Africa deported some 43 000 Zimbabweans. We think SA
should bear the
consequences of its reluctance to resolve the Zimbabwean
issue
expeditiously, once and for all. SA can stand up to task but clearly
its
leadership is not quick to resolve the issue for reasons better known to
them. So we will remember the current leadership of South Africa as ones who
were in a position to offer help to the people of Zimbabwe at a time when
help was needed most…but didn`t. Zimbabwean people still wait for their
genuine gesture of friendship.
And now back at home ZANU PF is pushing
for the elections while MDC is
pushing for a constitution first. The general
population is not allowed to
speak and make its views about the constitution
known. Making a constitution
in a repressive environment like this produces
a flawed document, a
constitution which people do not want. If ZANU PF can
learn from the past it
has to realize that once, in 2000 it tried to force a
constitution down the
people`s throat, but still the we the people rejected
it in the referendum.
Now ZANU PF and MDC are trying to clandestinely make
another constitution on
their own. They still disagree on many issues which
we the people are not
informed on. Whose constitution are they making? If
ZANU PF and MDC are
genuine in this endeavor and if they are on the side of
the people then they
should leave the making of the constitution to neutral
parties. And people
should be free to make their views known. We need a
constitution that
outlives ZANU PF and MDC. It is clear to many that
constitution making has
failed. When ZANU PF was defeated by the MDC in
2008, it clearly disregarded
the constitution and held on to power. What
guarantee do we have now that
ZANU PF can uphold a constitution, old or
new?
We have a lot of wealth beneath our feet and ZANU PF misuses all
this wealth
and then oppress us on top this. Most alarming is the wealth
accumulation
that has gone on among ZANU PF elites over the years, in direct
contradiction to the scavenging lifestyles being led by the majority of the
electorate. All of us have a sister or a brother or father or grand ma/pa
who fought or died in the struggle for independence. This is not what they
fought and died for. They fought for our freedom. But now we the people
don’t
have this freedom. We want freedom and a better life. But only ZANU PF
elite
are enjoying the wealth, whilst we the people suffer oppression and
poverty.
Ours is the filthy water from Lake Chivero, grieving for the dead
relatives
and friends who died of cholera, damaged roads and poor nutrition
for our
children and being milked day a day by the police at the so many
road
blocks. I wonder why the police fussy about vehicle licenses…there is
hardly
any roads to talk about.. only pot holes.
Zimbabwe has a lot of
potential for economic growth and to achieve a higher
standard of living.
Only ZANU PF and Mugabe stand in the way for people to
achieve full
prosperity. ZANU PF has no one to blame for the chaos in the
country except
itself. So ZANU PF should never lift its mouth to say and
talk about
democracy. Democracy is an ideology ZANU PF only has a faint idea
about.
ZANU PF knows that a well informed people are the strongest guardian
of its
liberties. Charamba knows how to misinform the people through the
Herald and
the Sunday Mail. He is a perfect tool for achieving ZANU PF
agenda of
misinforming and disuniting people.
ZANU PF should give power back to the
people and at the same time we the
people should demand this power because
it already belongs to us. But as of
now it is, the cart before the horses.
It’s a government of ZANU PF, by ZANU
PF, and for ZANU PF. The inclusive
government is just a screen saver. ZANU
PF should not hold us hostage
because of the liberation struggle. WE the
people have power to go on, to
work and develop our nation to world
standards. We can do it. ZANU PF has an
agenda to paralyze and destroy this
nation and it has the West to blame as a
scapegoat. ZANU PF is the only
enemy this nation has. WE the people have
never accepted the ZANU PF agenda
that the West is our enemy. We know who
our real enemy is. Our real enemy is
that organization which restricts and
punishes freedom of speech and of the
press. Our enemy is they that took
away our right to assemble in public
places, to protest government actions,
and to demand change.
We have gold and diamonds and a host of other minerals
but we still drink
sewage water from Lake Chivero. We have manpower and
resources but the
entire infrastructure is in a state of collapse. Roads are
in a bad shape
whilst ZANU PF collects all the tollgate fees. We have
doctors and hospitals
and clinics but the health delivery system has decayed
beyond recognition.
We have teachers and schools but our children are not
learning. In most
schools there is no running water. This is not
acceptable.
Zimbabweans ourselves should have some minimum standards we
should accept.
ZANU PF has disunited us through terror and propaganda, but
now we should
reunite, re-emerge strong and demand accountable leaders and
systems that
are functional. Toda kuzomuka riniko. Seyi kumirira vhunze,
kuti ritange
rava rimi, kuti zvinzi moto. If we are to be a nation, we must
work together
to make sure that at least we:
1. have water to drink
and it is clean,
2. provide credible education for our children,
3.
should be able to get health care at the hospitals when we need it
4. have
good roads and takes care of garbage
5. have a viable economy that
provides full employment
6. Have freedom of expression as stipulated in
the GPA
Society should work together to ensure that these services are
forthcoming
and that other citizens are in abject poverty. But here in
Zimbabwe we
people have begun to view the absence of these services as
normal. Mvura
nemagetsi zvinoenda kusvika zvadzoka pazvinodira vanhu tiri
ziiii. The
better to do people go ahead and buy generators in South Africa
and drill
boreholes. The rest who can’t afford dig shallow wells in the
vleis for
drinking water and use firewood and candles cooking and lighting.
This is no
longer resilience; we have gone well beyond the elastic limit.
Muroad kungo
nzvengawo mapot holes and buy more shocks and tyres and rims
for the cars.
We also just throw garbage and litter everywhere. This is ZANU
PF’s legacy.
ZANU PF has become a liability to the Zimbabwean people. ZANU
PF chatova
chikwambo, a goblin.
This is the level of disunity that has
evolved within the country at the
hands of ZANU PF. This level of disunity
is highly shocking and not expected
of the Zimbabweans. This is dangerous
too because we are heading towards a
complete state failure or we have
already attained it. It’s only but a fool
who sees danger in front of him
but continues to walk straight into it. Also
cowardice is a vice. Are
Zimbabwean peoples not capable of anger??
Now that the MDC, as usual, has
been coerced to accept the constitution, it
seems the so weak MDC will
persuade its supporters to vote yes. But
Zimbabwean people are still
oppressed and cannot voice their concern about
the constitution publicly.
Give power to the people first, let them make
their own constitution, then
hold the referendum. We Zimbabweans should
never accept the constitution
whilst we still reel under oppression.
Obviously this constitution has been
made by MDC and ZANU PF and largely
carters for their wishes. This is not a
constitution about the people, it is
a constitution about largely ZANU PF
wishes and some MDC wishes. The people
have been left out of the
constitution, but MDC and ZANU PF want the same
people to vote yes for the
constitution. No the real Zimbabweans should vote
a resounding NO to this
criminal constitution.
People of Zimbabwe unite and demand change. Ingawo
tine Africa Unity Square
wani.
Zimbabwe
human rights update: 11 Feb
http://nehandaradio.com
on February 12, 2013 at 11:49
am
Introduction
This issue draws research evidence from
our members, partners and
international stakeholders. It covers on-going
concerns on the partisan
nature of Zimbabwe’s security sector, progress on
constitution making,
deteriorating educational standards, tentative judicial
victories by human
right defenders and international interventions on the
worrying human rights
environment for human rights
defenders.
Zimbabwe Human Rights Association (ZimRights) raises concerns
about the
comments made by the Defence Minister Emmerson Mnangagwa, who
dismisses the
civil society demands for security sector reform as
unpatriotic and a quest
to satisfy western agenda for regime change and
exploitation of Zimbabwe’s
natural resources.
Whilst calling for the
army to be non-partisan, ZimRights castigates the
Minister’s speech which
echoes previous utterances of a similar nature by
senior army personnel
(ZimRights, 06.06.2013).
In a related story, Zimbabwe Mining Development
Corporation (ZMDC) chairman
Godwills Masimirembwa has defended the army’s
involvement in diamond mining
activities in Chiadzwa, saying security forces
were entitled to be involved
in all the country’s economic
activities.
Constitution: 06.02.2013:
The House of Assembly passed
the motion adopting the COPAC Report on the
constitution-making process and
noting the draft constitution. This came at
the end of a sitting lasting
more than four hours during which the motion
was supported by speakers from
all parties and there were no dissenting
voices.
The Senate adjourned
before completing its separate debate on an identical
motion and approved
the motion later that afternoon. The passage cleared the
way for COPAC to
embark on its planned publicity drive to acquaint the
country with the
contents of the draft constitution ahead of the Referendum
(Veritas,
07.02.2013).
Education: 07.02.2013:
The Zimbabwe National Students
Union (Zinasu) shared its deep concern over
the poor performance of 2012′s
‘O’ level candidates.
Among a raft of demands, Zinasu urged the
government to allocate more funds
to the education sector, an end to
political violence which in the view of
the Union is one of the reasons many
qualified and experienced teachers
flocked out of the country for greener
pastures much to the detriment of the
education sector. Lastly the Union
demands peaceful elections to avoid
disturbance of the learning of
pupils.
International concerns: 07.02.2013:
Members of the
European Parliament (MEPs) condemned the arrests of Human
Rights Association
workers Okay Machisa, Dorcas Shereni and Leo Chamahwinya
in their Zimbabwe
offices in December 2012, shortly after they denounced the
growing police
brutality across Zimbabwe and called for action by the
competent
authorities.
MEPs call on the Zimbabwean authorities to release anyone
detained for
defending human rights and to end their judicial harassment.
MEPs also
deplored the lack of a human rights clause in the EU’s
recently-concluded
interim Economic Partnership agreement with four African
States, including
Zimbabwe, and ask the EU to include such clauses in future
economic
partnership negotiations with the country.
The statement can
be accessed on the European parliament website. This
follows a similar
statement by the United Nations’ Office of the High
Commissioner on Human
Rights. These international perspectives resonate with
Zimbabwe civil
society’s statement urging democratic governments to speak
out against
repression of civil society in Zimbabwe.
Human Rights Defenders:
08.02.2013:
High Court Judge, Justice Mwayera finally granted ZIMRIGHTS’
Highfields
Local Chapter chairperson Dorcas Shereni bail. In a judgment
delivered on
Friday, February 8, in Harare, the Judge stated that Shereni is
to maintain
her current residence and report to the police Law and Order
Section once
every week as part of the bail conditions.
Meanwhile two
other cases involving ZIMRIGHTS were postponed. Also on
08.02.2013, Zimbabwe
National Students Union (ZINASU) leaders, President
Pride Mkono and
Secretary General Tryvine Musokeri, who both spent weeks at
Hwahwa prison
over a student demonstration at the Midlands State University
(MSU) in 2011,
were acquitted by Gweru Magistrate Msipa on Friday, February
8, 2013.
Magistrate Msipa dismissed the case on merit.
Enforced dissapearance:
11.02.2013:
The Solidarity Peace Trust issued a statement marking exactly
one year since
the disappearance of Mr Paul Chizuze, fellow human rights
activist and
stalwart campaigner for peace and justice in
Zimbabwe.
In part, the statement read, ‘We remember with gratitude the
values you
stood for, the decades you committed to the pursuit of democracy,
peace and
justice in your country. We are still looking for you, alive or
dead. We
continue to search for the truth about the events that led to your
disappearance’.
Media: 11.02.2013:
The Media Monitoring
Project of Zimbabwe (MMPZ) provides an Election Watch
covering different
media perspectives on the current presenting issues
during the month of
January 2013, as the country prepares for elections. The
Report which covers
agreement on the constitution, disagreements on voters’
registration,
intra-party divisions and politically motivated violence will
soon be posted
on MMPZ’s website or can be sent upon request.
Analysis:
Our
analysis will follow in the next issue suffice it that all stakeholders
need
to keep a watching brief on the undulating terrain regarding human
rights
defenders and the utterances by security chiefs.
Issued by Zimbabwe Human
Rights NGO Forum
Zimbabwe: Constitution and Electoral laws are not cast in stone
Clifford Chitupa Mashiri, 12th February 2013.
The reported ‘plan’ by Zanu-pf
to ‘torpedo’ Eric Knight and Eric Sibanda’s
intentions to run for
parliament (NewZimbabwe.com, 11/02/13) deserves
comment.
News that
Zanu-pf activist Jonathan Moyo suggested in an informal briefing
with
journalists that the two UK-based parliamentary aspirants faced major
legal
hurdles expose the hypocrisy of the coalition government by begging
for
money from the UN to run polls which exclude Diaspora candidates.
It was very
refreshing to see Moyo’s argument that Eric Knight and Ezra
Sibanda cannot
rectify the legal hurdles based on a reading of Section 23
(3) of the
Electoral Act have being shredded into pieces by legal experts
in the
online story.
Among other flaws, it was pointed out that the residence
requirement applies
to voters not electoral candidates and that the
provision must be
interpreted to comply with the Constitution, especially
not to offend the
provisions relating to the fundamental freedoms of
assembly, association and
movement.
Now, what is the way out of this
Zanu-pf mischievous booby-trap?
Fighting the matter through the courts will
take time and inadvertently lend
credibility to Jonathan Moyo’s twisted
logic of democracy which suggests
having to fight legal battles
(booby-traps) before contesting for political
office.
But the
Constitution and electoral laws are not cast in stone. First, since
Parliament has not yet been dissolved, the Electoral Act can still be
amended to enable Diaspora election candidates and voters to participate as
long as the MDC formations are genuinely interested and not using excuses of
limited resources and suspected Zanu-pf fiddling with postal votes.
Also
arguable is getting a constitutional amendment by way of a bill through
Parliament clarifying the same i.e. allowing for non-resident Zimbabweans
dual citizenship and the right to vote.
The third option is for civil
society to lobby among others, the United
Nations and the European Union who
are being asked by the GNU to fund the
referendum and elections NOT to
release any money until those democratic
amendments are effected.
Zanu-pf
should not be allowed to go on cherry-picking reforms and when to
seek
foreign aid.
Similarly, the MDC formations should not be allowed to always
play victim by
pretending to be helpless when have hundreds of MPs and
senators as well as
cabinet ministers who can all collectively make a
difference if the
principals do not interfere with their whips in
Parliament.
The truth is that, Zimbabwe is at its weakest now without money
for UNWTO,
referendum, elections, water purification, education and health
except for
Zimbabwe Defence Forces.
Accordingly, this could not be a
better opportunity for the international
community especially Western
countries to demand democratic reforms as a
pre-condition for further
funding starting with the Diaspora Vote to
facilitate voluntary return as
opposed to forced removal of exiles.
Clifford Chitupa Mashiri is a UK-based
political analyst and author of
Planning from Below? An assessment of
Provincial Planning in Zimbabwe,
1986-1990 published by the University of
Zimbabwe, 1990 and available on
Googlebooks. Zimanalysis2009@gmail.com
Another look at the indigenisation legislation - an analysis by
N.M.Willsmer
John Robertson, a Zimbabwe based econonomist, has circulated an
analysis of the Indigenisation and Economic Empowerment Act by Mr Willsmer, a
Harare lawyer:
Frequent suggestions have been made that the Indigenisation and
Economic Empowerment Act is so poorly drafted that any company challenging its
validity in Court would be certain of success. This claim has been countered by
arguments that the politically influenced Courts in Zimbabwe could not be relied
upon to hand down a decision that would be based entirely on issues of legality
or constitutionality.
Mr N M Willsmer, a Harare lawyer, has offered a number of analyses
of this Act and has given me permission to forward his latest to you. Many
definitional problems seem to have tripped up the legal draftsmen and women, and
one is particularly interesting:
The target of the indigenisation regulations is to achieve a
transfer of ownership of 51% of all non-indigenous businesses to indigenous
Zimbabweans.
But, restated in its most basic terms, a business is defined as a
person or a collection of people.
This means that the wording throughout the Act implies that its
intention is to gain, for indigenous Zimbabweans, 51% ownership of the people
who own the undertakings that generate the products and
incomes.
Mr Willsmer identifies a number of other shortcomings that, in
more normal circumstances, would cause the judiciary to reject the Act as
unenforceable. I have attached his observations in the hopes that they will be
of value, or at least of interest to you.
The document (in MS Word format) can be downloaded from our document library
here.