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Mugabe's birthday sparks retirement whispers

February 19 2004 at 04:39PM
Reuters

By Cris Chinaka

Harare - Zimbabwean President Robert Mugabe turns 80 on Saturday, a birthday landmark that has sparked fresh debate on when the embattled veteran leader is likely to retire.

He received an unwelcome early present on Thursday when the European Union renewed sanctions on his government, underscoring its international isolation amid accusations of human rights abuses and a deepening economic crisis.

Mugabe, Zimbabwe's only ruler since independence from Britain in 1980, is cryptic about his exit plans and remains an enigmatic figure after half a century on the political stage.

The veteran leader has left his plans open over the past year despite speculation he wants a graceful exit in the face of a severe economic and political turmoil.

His office say regular media reports that he is sick are "mere wishful thinking".

Political analysts say while Mugabe used a December conference of his Zanu-PF party to squeeze an endorsement of his leadership, reorganisation within his party suggests the former guerrilla is working for early retirement.

But they add Mugabe is likely to leave the question hanging until the end of 2004, when Zanu-PF holds its five-yearly congress to elect new leaders.

"I don't think he is ready to discuss his plans yet and I don't see him giving anything away until the Zanu-PF congress in December," said Professor Heneri Dzinotyiwei of the University of Zimbabwe.

Mugabe has no designated successor, although Zimbabwe media has floated several names, including speaker of parliament Emmerson Mnangagwa, Zanu-PF national chairperson John Nkomo and Defence Minister Sydney Sekeramayi.

Some analysts say Mugabe wants a deal which would protect him from possible prosecution for human rights abuses the opposition accuse him of committing before stepping aside.

In a commentary in the private Daily Mirror newspaper, writer Ruzvidzo Mupfudza said Mugabe remained an inscrutable character capable of pulling out surprises.

"The terrain of the typical Mugabe psyche is one very few are able to negotiate and understand," Mupfudza said.

Political analysts say Mugabe - whose term ends in 2008 - has used his battles with Western critics to divert attention from the question of who should succeed him.

On Thursday, Zimbabwe state radio reported Mugabe had said parliamentary polls would be held on schedule in March 2005, presenting the next big test of Zanu-PF popularity.

Mugabe remains defiant in the face of international criticism and pulled Zimbabwe out of the 54-member Commonwealth group of mostly former British colonies when it extended Zimbabwe's 18-month-old suspension, first imposed over accusations of vote-rigging in his re-election in 2002.

Mugabe maintains he won the election fairly, and that Britain and other Western powers are bent on imposing opposition leader Morgan Tsvangirai as leader of Zimbabwe.

As Mugabe readies for a birthday bash at his Zvimba rural home on Saturday, the EU extended sanctions by expanding a list of Zimbabwean officials under a travel ban.

Since 2002, the EU has frozen the personal assets of senior officials and prevented them going to EU countries in response to what it called a breakdown of law and order.

Many critics blame Zimbabwe's problems on government mismanagement, particularly Mugabe's handling of a land-reform programme that gave white-owned farms to landless blacks. Mugabe says the economy has been sabotaged by his opponents.

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Stakeholders Give Forex Auctions Thumbs Up


Nelson Banya
Harare

We have not rejected any high bids, says RBZ

KEY stakeholders and industry players have come out in defence of the recently introduced foreign currency auction system, which has recently been the subject of criticism.

The bi-weekly auctions, which started on January 12, have seen the Zimbabwe dollar trading between $3 518.19 and $4 196.58 to the United States dollar against the parallel market rate of $6 500 to the greenback which obtained prior to the new system.

After a slow start, which saw just below US$500 000 being taken up at the first auction, demand has surged to surpass supply, which has been US$8 million at the past three auctions.

Dissenting voices have also increased, largely among the exporting community, which has been charging that the lower rate was negatively impacting on the viability of their businesses.

Charges of fiddling to keep the rate at low and manageable levels have also been levelled against the foreign currency exchange.

However, the Confederation of Zimbabwe Industries (CZI), which was the major proponent of the auction system, has expressed satisfaction at how the auctions have been conducted to date.

"I find it a little depressing when I hear complaints against the forex auction," CZI president Anthony Mandiwanza said.

He said industry had been calling for a realistic and predictable exchange rate in order to generate export growth.

"A predictable exchange rate helps businesses to plan," Mandiwanza said, adding that while much of the current stocks had been built on the basis of a higher exchange rate, import costs should come down as current stocks were cleared.

Many exporters have come out in criticism of the foreign currency auction system, whose weighted average rate has been up to 50 percent less than the parallel exchange rate of $6 500 to the local unit, saying they had procured inputs at that rate and were now required to acquit their forex earnings at an obvious loss that would hurt their operations.

Under the new foreign currency retention scheme, exporters retain 75 percent of their earnings at the ruling auction rate while the remainder would be exchanged at $824 to the greenback.

Some have charged that the auction rate, which they expected to be closer to the parallel market rate, was being manipulated to stay at the current levels.

Of particular interest to some exporters has been the floor rate at each auction, which has invariably been $3 000 to the US dollar.

The Reserve Bank of Zimbabwe (RBZ) denies these charges.

"To date, only bids below the lowest acceptable rate have been rejected in all cases. No bids have been rejected because the bid rates have been too high.

"Furthermore, bids have been rejected on the basis of the amount available for auctioning," the central bank maintains in its review of the auctions conducted so far.

To date, the rejected bids amount to 15.9 percent (or $9 million) of total amount of bids.

Economic commentator Erich Bloch, who also sits on the RBZ's Foreign Currency Exchange Advisory Board (FCEAB), said that while there were certain issues that had to be resolved, he was satisfied that the auctions were being conducted above board.

"I am satisfied by the transparency. The auctions are not fiddled with at all," Bloch said.

"However, like the governor himself has always told the advisory board, monetary policies are not cast in stone but are evolving, there is always room for changes."

Bloch said the advisory board was looking at "about eight measures to address the exporters' problems caused by the forex auction system."

RBZ governor Gideon Gono said the auction has had to reject some bids for holiday travel allowances and motor vehicle purchases as the bank gave priority to the importation of medicines and industrial inputs by the productive sector.

"If that is manipulating the auctions, then let it be," Gono said.

Analysts have said that in spite of the complaints by some sections of the exporting community, the auctions had been met with success, although pressure was likely to increase as producers exhausted their stocks.

"Most retailers had overstocked because it was prudent to hold stocks and exploit the low interest rates, so they are not yet coming to the auctions, while others might be holding out to take advantage of lower rates," one analyst said.

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Press Statement by Women of Zimbabwe Arise (WOZA)
(Attachments at end: Hate Messages from WOZA MOYA newsletter and WOZA
background info)

WOZA activists wish to announce that a successful protest was carried out on
Valentines Day in Chitungwiza and 5 other suburban centres in Harare despite
fact that the Zimbabwe Republic Police (ZRP) refused to allow other protests
to proceed and threatened to "shoot to kill" any protesters.  Peaceful love
marches had been planned for Bulawayo, Victoria Falls and central Harare but
ZRP were fearful that the spirit of love would overcome hate.

The ZRP argued that the WOZA Valentine newsletter 'Woza Moya' (Come
cleansing wind) was an attempt to denounce the President of Zimbabwe R. G.
Mugabe. WOZA is about love for all Zimbabweans not about hating each other.
The flyer included messages of love and the details of the demonstration.
On the reverse of the flyer, WOZA quoted the President's words from Zimbabwe
Broadcasting Corporation and print news coverage, which we determined as
hateful language; they should rather take it as tough love and a mother's
discipline. WOZA stands for the truth, we renew our call to end the
spreading of hate messages by all Zimbabweans. The media must assist in the
healing of the nation, by balancing messages between truth and love.

Women of Zimbabwe Arise is a civic action pressure group made up of
community women suffering under the current socio-economic and political
crisis. Last year, WOZA organised a protest on Valentines Day calling on
Zimbabweans to learn to love each other again and over 63 women and 9 men,
mainly journalists were arrested. 17 spent a night in custody. The
protestors were arrested under the Public Order and Security Act (POSA), a
draconian law that is in conflict with constitutional freedoms and rights.

A statement issued by 'Mother WOZA' a grouping of movement leaders said,
"POSA is an unjust law that attempts to outlaw the most peaceful of marches
like the Valentine protest of handing out flowers and calling for love to
overcome hate. In Bulawayo, WOZA accepted the High Court ruling and no
protests went ahead in [OUT OF] respect for the judiciary. But in Harare
where written approval had been granted, Harare plain-clothes police told
two members of 'Mother WOZA' that if the marches went ahead, the police
would 'shoot to kill'. Despite this, women, who had collected at a secret
venue resolved to brave this threat and go to suburban centres and continue
with the work set for the day. In groups of between five to twenty they went
to suburban shopping centres and handed out the donated roses and specially
prepared Valentine Cards. In Chitungwiza, a group of about 130 women dressed
in white collected opposite Chitungwiza Police Station and proceeded to give
police cards and flowers which were well received. The band of women then
went through the shopping centre handing out their gifts of love. Mother
WOZA thanks Zimbabweans for receiving our message so well and for
identifying with it and echoing the words of suffering. Our message read:
"Our beloved Zimbabwe is crying. We must defend our right to love and let
love overcome hate. We also thank women who came from all walks of life for
answering the call, even though they found unreasonable police who chased
them away. We also thank our United Kingdom sisters for conducting a protest
outside Zimbabwe House to echo our plight and amplify our voice to be heard
despite POSA, Police and Politicians."

WOZA have determined that the Valentines Day protest was a resounding
success as we fulfilled our mandate to 'make injustice visible' and expose
the hatred by people whose job it is to protect the nation. We recognise
that the ZRP seems to have become enslaved by unjust laws.

Our Zimbabwe will be a better place when the power of love replaces the love
of power. Enough is Enough, Sokwanele, Zvakwana.

Ends
Mother WOZA
For more information, please contact Ph: (+263) 11 213 885 / 91 300 456
or write P.O. Box FM 701, Famona, Bulawayo Zimbabwe Donation towards the
care of orphans welcomed.
Email: wozazimbabwe@yahoo.com
London Support Centre contact: wozauk2004@yahoo.co.uk

Abridged version of Valentine edition of WOZA MOYA (Come cleansing wind)
Our Valentines Day protest message is:  Cry Beloved Zimbabwe - Defend your
right to love!
What we expect of participants:
· Attend the walk to show solidarity with other women.
· Show that you love Zimbabwe by bringing roses or any flowers to hand out
as we walk.
· We will walk peacefully through the streets dressed in white for peace.
· Follow the instruction of the walk marshals
· If you cannot join us, demonstrate at your closest shopping centre. But
please try to do it at the same time so that we are together.
· If the Police arrest participants, put flowers on Police Station/
(External at High Commission offices) pavements to remind them that
Zimbabweans still have the right to peaceful protest under the constitution.

WHY ARE WE ARE CRYING? We say CRY BELOVED ZIMBABWE...
· For those who have died from political violence.
· For rape victims and the victims of politically motivated rape used as a
form of torture.
· For our hungry children and orphans that we can no longer afford to feed,
clothe and educate.
· For our children living in exile as refugees
· For those who die of HIV/AIDS without access to healthcare.
· For many of us have lost our jobs and our self-respect.
· For all women who continue to be discriminated against in all spheres of
society.
· We are crying to put out the fire of hate burning our beloved Zimbabwe.

Zimbabweans are told to HATE but choose to LOVE! This will be a better place
when the power of love replaces the love of power. We want Zimbabweans to
LOVE each other, help us by stopping this hate fire.

STOP spreading HATE:
· Newspapers, radio and television must balance their messages.
· Give us back our freedom of expression - remove AIPPA and POSA so we can
meet freely.
· Restore the healthcare system - Treatment and medicines availability is
almost zero.
· Disband the Youth Militia - our children come home infected with hate and
diseases.
· Political violence is increasing: We must be free to vote for the
candidate of our choice.
· Corruption must be stamped out everywhere without favouring a small group.

International Convention on Civil and Political Rights (Zimbabwe is a
signatory)
Article 20: Any propaganda for war shall be prohibited by law.
Any advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence shall be prohibited by
law.

Didymus Mutasa, ZANU PF Organising Secretary Mugabe: "We would be better off
with only 6 million people with our own people who support the liberation
struggle. We don't want all these extra people."

Solidarity Peace Trust in August 2003 Comments from youth militia themselves
about their activities: Interviews with youth militia in Zimbabwe and South
Africa
"It was about vandalism. We were used to do the things the State does not
want to do themselves. Then they can just say it was just the youths, not
 us".
"We are Zanu-PF's "B" team. The army is the "A" team and we do the things
the government does not want the "A" team to do.
"We got a lot of power. Our source of power was this encouragement we were
getting, particularly from the police and others. It was instilled in us
that whenever we go out, we are free to do whatever we want and nobody was
going to question that."

Constantine Chiwenga General, Zimbabwe's new defence force boss, giving the
country's doctors and nurses a final order to end their two-month strike "If
you refuse to co-operate, we can take you to the army barracks and detain
you, and you will see what will happen."

President Robert Mugabe Zimbabwe Independent 17 Jan 2004. Article title: Is
there Hate Speech in Zimbabwe "Our party must continue to strike fear in the
heart of the white man, our real enemy!  Make them tremble." "Whites are not
human beings"

More about WOZA
WOZA is a Zulu word meaning 'Come forward`. WOZA was formed as a civic
movement to provide women from all walks of life with a united voice to
speak out on issues affecting their day-to-day lives and to encourage women
to stand up for their rights and freedoms. WOZA' s key activities are
non-violent civil defiance actions in Zimbabwe, such as the Valentine's and
Mother's Day street protests, protests against the shortage of cash (when
banks ran out of notes) and in support of the right to freedom of
expression.
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Stakeholders Give Forex Auctions Thumbs Up

Financial Gazette (Harare)
NEWS
February 19, 2004
Posted to the web February 19, 2004

By Nelson Banya
Harare

We have not rejected any high bids, says RBZ

KEY stakeholders and industry players have come out in defence of the recently introduced foreign currency auction system, which has recently been the subject of criticism.

The bi-weekly auctions, which started on January 12, have seen the Zimbabwe dollar trading between $3 518.19 and $4 196.58 to the United States dollar against the parallel market rate of $6 500 to the greenback which obtained prior to the new system.

After a slow start, which saw just below US$500 000 being taken up at the first auction, demand has surged to surpass supply, which has been US$8 million at the past three auctions.

Dissenting voices have also increased, largely among the exporting community, which has been charging that the lower rate was negatively impacting on the viability of their businesses.

Charges of fiddling to keep the rate at low and manageable levels have also been levelled against the foreign currency exchange.

However, the Confederation of Zimbabwe Industries (CZI), which was the major proponent of the auction system, has expressed satisfaction at how the auctions have been conducted to date.

"I find it a little depressing when I hear complaints against the forex auction," CZI president Anthony Mandiwanza said.

He said industry had been calling for a realistic and predictable exchange rate in order to generate export growth.

"A predictable exchange rate helps businesses to plan," Mandiwanza said, adding that while much of the current stocks had been built on the basis of a higher exchange rate, import costs should come down as current stocks were cleared.

Many exporters have come out in criticism of the foreign currency auction system, whose weighted average rate has been up to 50 percent less than the parallel exchange rate of $6 500 to the local unit, saying they had procured inputs at that rate and were now required to acquit their forex earnings at an obvious loss that would hurt their operations.

Under the new foreign currency retention scheme, exporters retain 75 percent of their earnings at the ruling auction rate while the remainder would be exchanged at $824 to the greenback.

Some have charged that the auction rate, which they expected to be closer to the parallel market rate, was being manipulated to stay at the current levels.

Of particular interest to some exporters has been the floor rate at each auction, which has invariably been $3 000 to the US dollar.

The Reserve Bank of Zimbabwe (RBZ) denies these charges.

"To date, only bids below the lowest acceptable rate have been rejected in all cases. No bids have been rejected because the bid rates have been too high.

"Furthermore, bids have been rejected on the basis of the amount available for auctioning," the central bank maintains in its review of the auctions conducted so far.

To date, the rejected bids amount to 15.9 percent (or $9 million) of total amount of bids.

Economic commentator Erich Bloch, who also sits on the RBZ's Foreign Currency Exchange Advisory Board (FCEAB), said that while there were certain issues that had to be resolved, he was satisfied that the auctions were being conducted above board.

"I am satisfied by the transparency. The auctions are not fiddled with at all," Bloch said.

"However, like the governor himself has always told the advisory board, monetary policies are not cast in stone but are evolving, there is always room for changes."

Bloch said the advisory board was looking at "about eight measures to address the exporters' problems caused by the forex auction system."

RBZ governor Gideon Gono said the auction has had to reject some bids for holiday travel allowances and motor vehicle purchases as the bank gave priority to the importation of medicines and industrial inputs by the productive sector.

"If that is manipulating the auctions, then let it be," Gono said.

Analysts have said that in spite of the complaints by some sections of the exporting community, the auctions had been met with success, although pressure was likely to increase as producers exhausted their stocks.

"Most retailers had overstocked because it was prudent to hold stocks and exploit the low interest rates, so they are not yet coming to the auctions, while others might be holding out to take advantage of lower rates," one analyst said.

 
 

Copyright © 2004 Financial Gazette.
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Uncertain Rate Movement Holds Equity Market Back

Financial Gazette (Harare)
EDITORIAL
February 19, 2004
Posted to the web February 19, 2004
Harare

THE money market has been in a short position this week.

One would naturally expect interest rates to rise, but this is not happening.

There seems to be a deliberate attempt by the central bank to create a shortage in the market because it is issuing compulsory bills at 10 percent with periods ranging from seven to 91days.

Moreover, there is a discrepancy between what the Reserve Bank of Zimbabwe (RBZ) pays if a bank is in surplus (10 percent) and when a bank is short (300 percent).

This does not encourage banks to hold RBZ paper for longer periods.

What is required is a mechanism that keeps money out of circulation for some time. The only way is through the issue of Treasury and RBZ bills, provided they are attractive to the market.

The central bank needs to issue them at market-determined rates.

Now, with the local currency slipping against the greenback, low investment interest rates will promote speculative behaviour, rendering the monetary policy ineffective in curbing speculation.

A tight monetary policy should be maintained through a high interest rate environment so as to make it unattractive to borrow money to buy foreign currency for speculative purposes.

Such a situation is also inflationary because of the resultant depreciation of the exchange rate on the parallel market.

However, against a background of continued low money market rates, the monetary authorities rightly want interest rates to rise, as indicated by the repo rate, which they have left pegged at a high level of 300 percent.

This explains why lending rates have been hiked or left at levels above 200 percent. This reflects the cost of funding for the banks. If the banks are to borrow from the central bank, they get the money at 300 percent.

Given the above situation, stock market investors would always remain on the sidelines because indications are that rates will go up.

The inverse relationship between the money and stock markets means investors cannot actively participate on the equity market because indications are pointing to a possible rise in interest rates.

If it were not for this fear, the equities market could be doing well now because of the existence of significant negative real interest rates of more than 500 percent through the wide disparity between inflation (622.8 percent) and nominal interest rates (90 percent).

Negative real interest rates result in positive stock market performance.

We are now geared for the reporting season, which traditionally produces excitement on the stock market.

Generally, we expect good results from exporting companies and low-geared companies.

As for the financial companies, good results will come from the strong and stable counters that were not affected by the liquidity crisis, otherwise most of them will report disappointing earnings.

An indication that rates will go up makes fixed-income securities more attractive in the short term than the equities. This results in lower volumes of equities traded, and the same applies to stock prices.

Investors will put their cash on call account so that in the event that a good investment vehicle arises, they just shift their money.

Higher interest rates signal bearish conditions while lower interest rates signal bullish conditions to the equities.

Currently, we do not have a clear picture of what direction interest rates will take. Neither are we able to forecast.

We are, however, optimistic that the stock market is still the best vehicle in the medium to long term.

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Financial Sector Turmoil Dents Audit Firms' Reputation

Financial Gazette (Harare)
NEWS
February 19, 2004
Posted to the web February 19, 2004

By Nelson Banya
Harare

THE turmoil in the financial sector, which has eclipsed Zimbabwe's seemingly unending political crisis, has drawn in auditing firms accused of glossing over issues bordering on serious corporate governance breaches, analysts said this week.

The finance sector, which had defied the country's economic recession now in its fifth year, took a body blow at the turn of the new year when a grave liquidity crunch left most banking institutions in a lurch, with some facing outright collapse.

Startling revelations of impropriety and defiance of corporate governance rules have emerged to give a fresh face to the pain of adjustment caused by the rapid change in policy and the attendant market conditions, typified by the precipitous rise in interest rates.

Analysts and regulators alike maintain that loose adherence to the rudiments of corporate governance had landed most of the companies in trouble.

Although charges of creative accounting have never grown beyond the odd whisper, some analysts have wondered why auditing firms had not voiced concern over the heightened risk that the banks were exposing investors and shareholders.

Aggressive investment policies that saw funds being locked in illiquid assets for speculative purposes should never have escaped the attention of auditing firms, which are almost like the last line of defence within organisa-tions, analysts said.

Indeed, some investors have expressed awe at how the healthy state of affairs, which all had been led to believe obtained, had been replaced by the current catastrophe.

Dave Scott, senior partner at PriceWaterhouseCoopers and immediate past president of the Institute of Chartered Accountants of Zimbabwe (ICAZ), agrees that the current state of affairs in the financial sector was symptomatic of the need to enhance corporate governance.

However, Scott says this responsibility, along with that of preparing company financials, lay with the directors.

"We should be focusing on solutions now, not who did what, although I do not want to make any excuses for negligence. Financial statements are not the auditors' responsibility, but directors'. Auditors only express opinion on the statements - that does not exempt auditors from doing their job. They should be punished if they are found to be negligent," Scott said.

Although the operations of auditing firms have never been brought under the spotlight in this country, there have been unsubstantiated charges of collusion with some company directors, at the expense of shareholders.

"There are certain bad apples in the barrel, but that does not mean that the whole barrel is bad," Scott insists.

The Reserve Bank of Zimbabwe (RBZ), now ties recommendations of board and management changes to liquidity support for distressed banks, in a move to tighten the governance of the institutions.

RBZ governor, Gideon Gono, has said there was "a lot of corporate incest expressing itself in various means".

He said the straying from core banking business, undue influence from shareholders - some who also held management positions, the mixing of incompatible risk elements, borrowing from the RBZ to fund non-core businesses and a high concentration of insider loans had put most institutions' viability in jeopardy.

Although most of the new, locally-owned financial institutions that came on stream following the liberalisation of the sector in 1991 experienced varying degrees of the liquidity crisis, only three listed financial groups were at the centre of the storm.

The three institutions - Trust Holdings Limited, First Mutual Limited (FML) and Century Holdings Limited - had to be suspended from trading on the Zimbabwe Stock Exchange (ZSE) as the regulatory authorities instituted investigations into their state of business.

While Trust, which had become the country's biggest banking group by virtue of its $800 billion balance sheet size, was accused of straying from the core banking business and thereby exposing itself to the vagaries of interest rate volatility, Century and FML where caught at the scene of the ENG Asset Management company accident.

Century and FML had invested substantial amounts of money into the unregistered asset management company.

Many illiquid banks, with Trust being the major case, saw their profits being wiped out in record time, as a result of the sharp rise in interest rates between November and January.

Trust, reported a $15 billion after-tax profit in the six months to June 2003. That profit was just about wiped out in the second half of the year.

ICAZ president Matthews Kunaka said the institution had processes for publicly quoted companies and carried out annual practice reviews to ensure probity.

"We do have processes for quoted companies and always check to see if the opinion expressed is in accordance with international standards. If this is not so, we call in the auditors. The opinion expressed has to be in line with evidence. All this is not clear to the public, but we do not condone any impropriety," Kunaka said.

However, the increasing scepticism and the need to safeguard against corporate scandals such as the Enron and WorldCom debacles that rocked the United States, would suggest a more transparent way of doing business, with the ICAZ making public any auditing firms that would have been reprimanded.

John Chikura, another past president of ICAZ, who now heads the Deposit Protection Board, has called for what he terms a comprehensive disclosure regime, saying this should start with unsophisticated financial statements.

"When an ordinary investor looks at the financial statements, he should be able to comprehend the real nature of the business the company is involved in.

"Truthfully speaking, window dressing and sophisticated financial statements are a form of fraud. Usually this is done at quarter and year-end, where transactions are manipulated to make figures look unduly rosy," Chikura said.

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Property Firms Want a Helping Hand

Financial Gazette (Harare)
NEWS
February 19, 2004
Posted to the web February 19, 2004

By Felix Njini
Harare

We need assistance to tap Angolan market, companies tell govt

ZIMBABWE'S construction sector is looking for government assistance to venture into war-ravaged Angola, which has become the target of a scramble among foreign investors.

Players in the construction sector said they wanted the government to lead the way for local constructors, engineers and surveyors' direct entry into mineral-rich Angola, which is undergoing rehabilitation after almost three decades of devastating wars and conflicts.

Construction Industry Council chief executive Martin Chingaira told the Financial Gazette the sector would want the government to assist with start-up capital in the form of foreign currency.

Chingaira said the sector would soon meet with Reserve Bank governor Gideon Gono.

He said the construction industry had potential to bring in foreign currency, badly in short supply in Zimbabwe.

"Start-up costs should be provided by the government . . . such ventures can only be positive if they have government support," Chingaira said.

He cited the aftermath of the civil strife in Mozambique when Zimbabwean companies' attempts to enter the country without government assistance failed.

Backed by its government, South Africa's construction industry has successfully penetrated both the Mozambican and Angolan markets.

At a recent meeting to assess the implications of the central bank's new monetary policy on the construction sector, industry players noted that Zimbabwe's failure to enter the Democratic Republic of Congo (DRC) following its instrumental role in bringing peace to the country was mainly a result of lack of government backing on the political front and in terms of start-up capital.

Analysts say Zimbabwe, which has been very active in regional peace initiatives, has not benefited from its efforts while hawkish South African and European investors have quickly seized the resulting investment opportunities.

Chingaira said the council had already presented a document, now being considered by the government, on the capacity of the local industry to invest in the regional markets.

"We have identified the SADC (Southern African Development Community) region as representing immense opportunities for the construction industry.

"We can assist in the reconstruction and development of infrastructure, skills and technology transfer in the needy countries such as DRC, Angola and Mozambique.

"The government could assist in spearheading market and business development in Angola as we continuously search for new, challenging enterprises,"said Chingaira.

But some observers have pointed out that infrastructure development at home is fast deteriorating.

The road and rail networks, in particular, have been cited as examples of declining infrastructure. Players in the construction sector blame the falling standards on lack of maintenance.

"Deterioration in infrastructure is mainly because we do not budget for infrastructure maintenance, but this does not mean that we do not have the capacity,"said property analyst Itayi Mugiyo.

"Zimbabwe boasts big names in construction industry such as Costain, Gulliver, Murray & Roberts, John Sisk, among others.

"The ability to do the work is there but without government assistance it will be very difficult to succeed in countries such as Angola and the DRC," he said.

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Industry Players Angry Over Zesa Tariffs

Financial Gazette (Harare)
NEWS
February 19, 2004
Posted to the web February 19, 2004

By Felix Njini
Harare

INDUSTRY players have slammed the Zimbabwe Electricity Supply Authority (ZESA)'s increase in electricity tariffs, which came after recent moves to bill its exporting customers in foreign currency.

The move is going to increase input costs and reduce profit margins, they say. Players in the manufacturing and mining sectors told The Financial Gazette that the recent increase in tariffs did not tally with the recently announced monetary policy statement which sought to arrest the country's economic decline through increased production to boost exports and generate foreign currency.

Zimbabwe Chamber of Mines president, Ian Saunders, said the current situation under which ZESA billed its customers a kilowatt per hour had resulted in power pricing difference of 40 percent with South Africa. Confederation of Zimbabwe Industries (CZI) president, Anthony Mandiwanza, said tariffs had gone up by 2 000 percent and maintained that ZESA was flouting set regulations that tariffs must be adjusted in line with regional trends.

At the moment the power utility, which is billing all its exporting customers in foreign currency, is charging its exporting customers US$0.6 per kilowatt when South Africa is charging between US$0.2 to US$0.3 per kilowatt.

"The cost of power has dramatically increased but we have no choice. At the moment we cannot import new equipment and raw materials and some consumables to feed into the mines. We do not even have the US dollars and we need capital. This electricity billing system is directly affecting our ability to expand or increase production," Saunders said.

He said the previous system where they had an option to either pay the equivalent in local units or in hard currency was very preferable.

Mandiwanza accused ZESA of using parallel market rates in its billing system, a move which he said had the disastrous effect of impinging upon the country's production capacity. "ZESA should buy its foreign currency on the auction floors at the auction rates. At the moment, whatever gains industry was going to accrue from the monetary policy are going to be eroded. ZESA rates are out of kilter with reality on the ground," Mandiwanza said.

Mandiwanza poured scorn at the way affairs at the power utility were being handled, saying ZESA was a major enterprise with a strategic role to play in economic development.

ZESA, which owes two regional power suppliers a total of US$51 million, has failed to shed off its financial encumbrance due to a host of factors, among them an acute foreign currency shortage in the country.

The authority has been under immense pressure to settle its mounting debt or risk plunging the whole country into darkness.

Last year, ZESA cut off power to Bindura-based Freda Rebecca gold mine for two weeks after the company had refused to settle its bills in foreign currency, a development which resulted in some sections of the mine flooding.

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Zimbabwe: Court dismisses ANZ application for journalists’ accreditation

Zimbabwe map  
(Africa Online Ltd.)  
Staff Reporter
HARARE, 20 February 2004

Yet another setback for Zimbabwean media freedom as court rejects application.

HARARE: The Zimbawean High Court has dismissed an urgent chamber application filed by Associated Newspapers of Zimbabwe (ANZ) seeks a declaratory order to have its journalists accredited by the Media and Information Commission (MIC).

In dismissing the application, Justice Alphas Chitakunye said the matter should go through the normal channels that are used when making applications. Chitakunye said the court is not in a position to sit on this application as an urgent matter but should follow the normal channels.

The ANZ, publishers of The Daily News and its sister paper, The Daily News on Sunday, has been locked in a legal battle with the MIC since September last year. The newspaper group was ordered to stop publishing when discovered that the company was operating without a license and its journalists were not accredited as required under the Access to Information and Protection of Privacy Act. -ALLAFRICA

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Financial Gazette
National Report
 
Mawere shoots down deal

Nelson Banya
2/19/2004 7:24:09 AM (GMT +2)

A MULTI-BILLION dollar tie-up involving the Mutumwa Mawere-controlled ZimRe and two other financial institutions could run into a brick wall as it emerged that key stakeholders are haggling over the merits of the deal. The three financial institutions - First Banking Corporation (FBC), Southern Africa Reinsurance (SARE) and National Discount House (NDH) - last month signed a memorandum of understanding that is expected to precipitate in the alliance, widely seen as a gambit in a protracted game of chess.

Although the prime promoters of the transaction sounded optimistic yesterday, there were growing fears that it could run into difficulties.

Impeccable industry sources yesterday indicated that a string of last minute complications and technical glitches could either delay or completely scupper the deal.

This was moreso given that FBC founder Mutumwa Mawere was reportedly against the deal that could have potentially created one of the biggest financial services companies in the country.

Although Mawere has since disposed of his shares in FBC to ZimRe, now known as Southern Union Financial Holdings (SUFH), he now has a more than 51 percent stake in the reinsurance company through his various investment vehicles such as Endurite Properties and Ukubambana-Kubatana Investments. SUFH has about 22 percent of the FBC's issued capital.

"I don't see how ZimRe (SUFH) will go along with that deal. ZimRe is already a shareholder in FBC so what would another re-insurance company bring in? The deal doesn't make sense, it only makes sense to individuals with narrow interests," said Mawere, who could not conceal his aversion to the deal.

His position has obviously set the stage for an acrimonious extra-ordinary general meeting to be held on a date yet to be announced.

Mawere was digging in his heels over the deal following allegations that a key shareholder, heavily borrowed from FBC to acquire a strategic stake in one of the three companies, was manipulating the deal to rid himself of his swingeing debts.

One of the architects of the deal, prominent commercial lawyer, Edwin Manikai, is said to be indebted to FBC to the tune of $1 billion. Manikai was however not immediately available for comment as he was said to be out of the country.

Manikai and Mawere, erstwhile business colleagues, have reportedly fallen out. It has been suggested that they were both closely linked to the Speaker of Parliament Emmerson Mnangagwa. Mawere and Mnangagwa however had a fallout last year following sharp differences over ZANU PF's controversial investment in FBC.

Sources said the proposed merger had come under shareholder scrutiny ever since it was publicised in the media, with questions being raised among investors over the eligibility of NDH in the merger.

NDH is understood to have an exposure to the collapsed ENG Capital Asset Management. Sources said part of the exposure was through Elane Suisse, a financial advisory services company owned by Patrice Dhliwayo. While confirming that NDH was indeed exposed to ENG, Never Mhlanga, a founding executive at NDH, said he could not provide details on the extent of the exposure.

Speculation has however swirled about the market that the NDH exposure was $20 billion, a figure dismissed by Mhlanga as "way off the mark".

"Yes we are exposed to ENG but this is sufficiently covered with shareholder funds. It's nothing that causes us worry or concern," Mhlanga said.

Sources said key shareholders in FBC were dead set against the deal because of two sticking points.

"The first issue surrounds National Social Security Authority (NSSA) board chairman Edwin Manikai, who has recently emerged as a key shareholder in SARE through his Smoothnest investment vehicle. The other issue pertains to the involvement of NDH, which is exposed to ENG."

The sources said that Manikai was a key player in the unfolding drama by virtue of his links to NSSA and Smoothnest, both of which are critical components of the convoluted cross-shareholding structures in FBC and SARE.

NSSA holds 18.43 percent in SARE, making it the third biggest shareholder behind Smoothnest and ZANU PF's M&S Investments, which hold equal stakes of 18.92 percent

NSSA is also a major shareholder in the SUFH, which holds a 21.9 percent interest in FBC.

"It is difficult to overlook Manikai's obvious influence by virtue of his position. It has been suggested that NSSA should not vote on the transaction, when it comes for shareholder approval," a source said.

Analysts said the shareholders' meeting to consider the transaction looks set to be another incendiary affair, following last December's SUFH extraordinary general meeting, which included most of the players involved in the proposed deal.

The SUFH EGM turned out to be a stormy affair that saw the government and NSSA blocking a share swap deal that would have seen Mawere shoring up his stake in SUFH.

Market watchers say that was the first public sign of a fall-out between erstwhile associates, Manikai and Mawere.

Early indications are that SUFH, among other shareholders, would vote to stymie the merger proposal. It is unclear, however, if the financial group would get sufficient votes to block the transaction.

AM Treger and ZIDCO Holdings, both of which are linked to ZANU PF, hold a combined 26.1 percent in FBC while NSSA holds 10.8 percent.

Other critical shareholders include the Local Authority Pension Fund (9.93 percent) and the Zimbabwe Electricity Supply Authority Pension Fund (9.47 percent).

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Financial Gazette
National Report

 
Senior scribes fired in Herald purge

Brian Mangwende
2/19/2004 7:10:26 AM (GMT +2)

A SIEGE mood has engulfed Herald House, the headquarters of the troubled Zimbabwe Newspapers (1980) Limited (Zimpapers) after management initiated a purge on journalists viewed as intransigent to the interests of the publishing group, resulting in the immediate dismissal of three senior scribes.

The purge, which is said to involve members of the notorious spy agency, the Central Intelligence Organisation, is targeting the group's flagship, The Herald, in the initial phases but would soon spread to seven other titles within the Zimpapers stable.

Three senior journalists at the government-controlled Herald were sacked on Monday amid allegations of acts of sabotage and lack of patriotism by clandestinely writing news stories for foreign-based organisations, particularly the Voice of America (VOA).

The government considers VOA as an agency that deliberately fabricates stories to sabotage the ruling ZANU PF.

A number of journalists have found the United States dollar-denominated earnings paid for filing stories to these foreign news Organisations too good to resist.

Sports editor Robson Sharuko, special projects editor Rex Mphisa and sports reporter Tendai Ndemera were called in by the publishing concern's chief executive officer Justin Mutasa and informed of their dismissal.

The development is already being viewed as part of Zimpapers' strategy to weed out "undesirable" elements within its ranks ahead of the crucial 2005 parliamentary elections.

Well-placed sources said the development dovetails with the government's thrust to deal "with the enemy in the media, the Justice Gubbay factor in the judiciary and the internal economic enemy".

Zimpapers boss Mutasa confirmed the immediate dismissal of the three seasoned journalists yesterday, saying more heads were soon to roll in all departments as the organisation was not going to tolerate acts of sabotage.

"I can confirm that we have parted ways with the three gentlemen," Mutasa told The Financial Gazette.

"My axe is going to fall on all departments in Zimpapers. We are not going to accept acts of sabotage here. There is no room for saboteurs."

Asked whether they had agreed on exit packages, Mutasa said he was not at liberty to disclose such information, but would check with the relevant departments.

Zimpapers has had a long history of dismissing editors and journalists seen as sympathetic to other causes, other than the government. Veteran journalist, Tim Chigodo left The Herald in a huff after it came to light that he was attacking the ruling party in his articles to a foreign news organisation.

Other top journalists pushed out of Zimpapers over the years include The Tribune Editor Funny Mushava, Bornwell Chakaodza, editor of the Sunday Standard, Ray Mungoshi, who had possibly the shortest stint at the helm of The Herald and Tommy Sithole.

Sources at Zimpapers, which publishes The Herald, The Sunday Mail, The Chronicle, The Manica Post, The Sunday News, The Farmer, Trends and Kwayedza said a massive manhunt had been launched to rid the media organisation of those seen to be sellouts.

"We agreed to go our separate ways," said Sharuko who has been at The Herald for 12 years. "I never went for any hearing. I don't see any need to fight back. At every work place there's time to say goodbye. I have left in good faith based on a mutual agreement. If I owe anything to anyone, it's the editor of The Herald, Pikirayi Deketeke. We worked very well together."

Dispelling rumours that he had been given an exit package of $64 million, Sharuko, who recently returned from covering the Africa Cup of Nations in Tunisia, replied: "We are still working out the figures."

Mphisa vehemently denied he had been sacked. On the contrary, Mphisa, who was at one time the newspaper's bureau chief in Beitbridge before being transferred to Harare, said: "I have not resigned neither have I been fired. I have not received any communication to that effect."

Ndemera, a former reporter on the sports desk of ZANU PF's mouthpiece, The People's Voice, could not be reached for comment.

Sources said Lawrence Moyo, Sharuko's blue eyed boy, could take over as sports editor ahead of Collin Matiza, who is rumoured to be currently on suspension.
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Financial Gazette
National Report

 
Town treasurer in mysterious death

Brian Mangwende
2/19/2004 7:12:26 AM (GMT +2)

MYSTERY surrounds the death of Norton Town Council treasurer, Botomani Botomani, whose body was found at a Chinhoyi hotel earlier this month in circumstances suggesting the senior council employee could have been murdered.

It is suspected that Botomani, who was in charge of the council's purse, may have stumbled on information that ruffled the feathers of some influential politicians and their connections within the council. This comes at a time when the government is cracking down on corruption within the public and private sectors.

Constantine Makunde, the administrative officer of the town, situated about 40km west of Harare, confirmed the death of Botomani (36).

He said police in Chinhoyi have remained mum on the cause of death, effectively raising eyebrows among the deceased's family members.

"Two post-mortems were conducted on him, one at the request of the police and another at the behest of the family after they realised that their relative's body was badly bruised," Makunde said.

"Nothing is being officially communicated to this office and we just don't know what really happened to him. All I can say is that he was found dead at Chinhoyi Hotel. He was a quiet gentleman and was always concentrating on his work."

Police spokesperson Andrew Phiri said the force suspected foul play hence the request for a post-mortem.

"Botomani booked in a room at Chinhoyi Hotel, the day before he was found dead in the same room," Phiri said. "His body was found by a hotel janitor who was on his morning rounds. After he realised that there was no response when he knocked on the door, he alerted the hotel management who broke the door and discovered the body and next to it a bottle of poison. The post-mortem results we have suggest that he died of poisoning."

A family spokesperson, Lameck Chisale, said they were puzzled by Botomani's death.

"What prompted us to request for a second post-mortem, this time in Harare, was after realising the body was badly bruised," Chisale said. "His buttocks and back were severely bruised and he had cuts under his feet suggesting that he was tortured to death. We are not happy with the manner in which the police are saying he died. We will pursue the case to its logical conclusion."

Botomani joined Norton Town Council on February 1 2003. Before that, he was the deputy city treasurer with the Kadoma Municipality.

His wife, a teacher at Vimbai Secondary School in Norton, declined to comment on her husband's death when visited by The Financial Gazette crew in Norton.
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Financial Gazette
National Report
 
ZIMSEC director in trouble over forged document

Staff Reporter
2/19/2004 7:13:03 AM (GMT +2)

THE director of the Zimbabwe Schools Examination Council (ZIMSEC), Happy Jabulani Ndanga, has been caught up in a dispute over a forged General Power of Attorney.

The fraudulent document which gives another person the authority to effect transactions on behalf of the principal, was filed at Kadoma Magistrates' Court on May 14 2003 in a court case involving the sale of a farm.

George Pedzisai Fichani, who is a complainant in the case, has reported Ndanga at Battlefields Police Station on allegations of forging the General Power of Attorney (GPA) on behalf of his son, Bysshe Ndanga.

In 2002, Bysshe and Thokozani Makuyana entered into an agreement with Fichani to purchase Railway Farm No. 6 Extension A for $6.3 million. Bysshe left the country in October 2002 before facilitating the change of ownership for a Mazda B1600 truck, which formed part of the deposit for the farm.

In a letter dated October 8 2002, Fichani advised Ndanga to facilitate change of ownership of the truck, bringing payments up to date and appoint someone to act on his behalf. This would have facilitated change of ownership of the farm.

Fichani however, said the affidavit contained a lot of false information and was the subject of another criminal case.

"Bysshe R. Ndanga was living in Shurugwi at the time the alleged GPA was done and why did he not sign the document and why did he not use his genuine address as it was not going to affect the powers bestowed on his appointed agent? He left the country on the 2nd October, 2002," said the statement by Fichani.

Ndanga, who is a former deputy secretary in the late Vice President Simon Muzenda's office, was notified in writing to report to Battlefields Police Station on Saturday this week.

Contacted for comment yesterday, Ndanga said he did not have any knowledge of the GPA and did not receive any communication from the police.

"I don't know anything. It is not true," he

said.
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Financial Gazette
National Report

 
Criminal Procedure and Evidence Act an insult to justice: experts

Dumisani Ndlela
2/19/2004 7:13:45 AM (GMT +2)

LEGAL experts and commentators have piled condemnation on the amendment to the Criminal Procedure and Evidence Act, saying it violated fundamental individual freedoms in what amounted to an insult to justice.

They bemoaned that the measures were taking the country backward in terms of law development and reversing fundamental laws of justice such as the right to innocence until proven guilty.

Under the new regulations, the onus has been reversed dramatically, with any individual accused of offences specified in the new measures now being held to be guilty until proven innocent.

In other words, critics of the new measures said, the state no longer holds the burden to prove that an accused person is guilty because mere suspicion that an individual had committed an offence now amounted to a conviction.

John Makumbe, a political science lecturer at the University of Zimbabwe and chairman of Transparency International Zimbabwe, said the new regulations "totally negate the whole fight against corruption".

The new regulations, he said, were likely to erode public confidence in a cause that was noble had it been conducted in a manner that upheld human rights.

"It's a bad law," said Makumbe. "It's seeking to do the right thing - fighting corruption; but it's violating human rights."

The amendments, brought into being as a sweeping measure by the government to fight graft, widely blamed for the increasing economic woes afflicting the country, were effected through a statutory instrument under section 32 of the Presidential Powers (Temporary Measures) (Amendment of Criminal Procedure and Evidence Act) Regulations 2004.

Under the new measures, individuals charged with corruption, money laundering and externalisation of foreign currency may be detained for an effective one month without applying for bail, rather than the 48-hour period stipulated by law.

Unauthorised dealers of grain, gold and other precious minerals have also been affected by the new measures.

A judge or magistrate cannot decline a police request for further detention of a person charged with the specified offences.

David Coltart, a legal practitioner and opposition Movement for Democratic Change (MDC) secretary for legal and parliamentary affairs, said the amendment was a brazen attempt by President Mugabe's government to circumvent fundamental rights enshrined in the country's constitution.

"The amendment of the Criminal Procedure and Evidence Act Regulations of 2004 contravenes section 13 and 18 of the Constitution of Zimbabwe in that it removes a person's rights to have a question of his liberty determined by an independent court in a fair hearing within a reasonable time," said Coltart.

Coltart likened the new measures to draconian pieces of legislation used by the Ian Smith regime to deny people of their liberties.

"The MDC has argued in Parliament that much stronger legislation to tackle corruption is necessary. In particular, we believe the country needs legislation similar to the Hong Kong Bribery Ordinance which forces people in public office to explain why their standards of living may exceed their income. In Zimbabwe, we have become accustomed to Members of Parliament, Cabinet ministers and soldiers who have become multi-millionaires and now have assets which are far more than the incomes they have received over the years," said Coltart.

A prominent ZANU PF member, James Makamba, has already been caught up in the puzzling legal plot unravelled by the latest measures.

Makamba, a prominent businessman charged with externalising foreign currency, among other offences, was denied bail by the High Court on Monday after Judge Antonia Guvava dismissed his urgent chamber application on the basis of the new measures, which came into effect on Friday.

"The provisions of the regulations clearly state that no court shall admit a person to bail who has been placed in detention in terms of the provisions of the Act," Guvava said.

But she made a veiled condemnation of the measures, saying they were unique in that the President had claimed powers of law making, ordinarily vested in the legislature.

There have been suggestions that the government avoided taking the amendment through parliament because it risked being condemned by legislators both within the ruling party and in the opposition party.

After one of its members Philip Chayangwa - had already had a brush with the law in the government's current drive against corruption, there was no way ZANU PF legislators were going to approve the Bill to amend the law in that manner.

As a result, President Robert Mugabe, who has vowed to punish any individuals engaged in corrupt activities, invoked his power especially reserved for emergency situations to promulgate the amendments.
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FinGAz
National Report
 
Heavyweights escape corruption dragnet

Brian Mangwende
2/19/2004 7:14:32 AM (GMT +2)

THE arrest of ZANU PF lightweights in recent weeks could raise a political storm within the ruling party corridors amid claims that bigwigs in President Robert Mugabe's government are sacrificing their own for cheap political gain.

It is being argued that the clampdown on corruption, which could turn out to be ZANU PF's trump card in the 2005 parliamentary election campaign , has basically arraigned before the courts the not so influential members of the party.

ZANU PF heavyweights, rumoured to have their hands deep in the till, are still walking freely, raising widespread condemnation.

Latest corruption ratings by Transparency International (TI) rank Zimbabwe among the world's worst hit economies.

The revelations, ignored in the state media but splashed on the front pages of the independent press, were rejected flatly by government officials, who viewed them as attempts to unseat President Mugabe's regime through whipping up emotions of the restive population.

Government officials alleged that TI was working closely with Britain, Zimbabwe's former colonial master, and the United States to tarnish the image of the country.

"TI's ratings should be dismissed with the contempt they deserve. How do they rate the countries they would have sampled? Is it not a mere case of perception, and if it is so, who is barred from forming perceptions? Obviously, the people who conducted the survey have never been to Zimbabwe," legislator Philip Chiyangwa was quoted by IRIN as saying then.

"Zimbabweans are more respectful of the law than most of the countries that were surveyed by TI, and one tends to wonder why we should continue being bastardised by partisan organisations such as TI," said Chiyangwa, who was ironically the first high-profile politician to be caught up in the anti-corruption blitz.

It, therefore, came as no surprise that despite the numerous proclamations by President Mugabe to deal with the vice, nothing was done until recently when the Reserve Bank of Zimbabwe (RBZ) was restructured.

The clampdown on corruption began in January this year when the new monetary policy claimed its first casualty - ENG Capital Asset Management.

This resulted in the arrest of the two youthful ENG directors Nyasha Watyoka and Gilbert Muponda, rumoured to be fronts of senior politicians, on allegation of prejudicing investors of about $61 billion.

Then ZANU PF Mashonaland West province chairman and legislator Chiyangwa was implicated in the same case and arrested after Vice President Joseph Msika publicly condemned the maverick businessman's actions when he threatened to "deal" with one of the investigating officers.

Recently, former ZANU PF chairman for Mashonaland Central and prominent businessman James Makamba was arrested over allegations of externalising billions of dollars in foreign currency.

Analysts were unanimous this week that the current measures would not bring to book the real culprits whose hands are firmly stuck in the nation's cookie jar.

They said the recent arrests were meant to hoodwink the public into believing that ZANU PF was finally determined to bring sanity to an economy once considered the breadbasket of southern Africa, but has fast been reduced to a basket case.

"At the moment they are hunting the hares and not the kudus, who are still walking the streets, while locking up the bugs bunnies who are not costly or dangerous to the party. I don't see them as being genuine," said John Makumbe, the chairman of Transparency International Zimbabwe (TIZ).

"They are chasing the peripheries and not the corruption gurus who have to be arrested to convince the public that they mean what they say. You don't appoint 'opaque' people to deal with corruption. It's not going to wash because the public is smart."

The corrupt practices surfaced after the RBZ, the country's financial regulator, cracked the whip on the financial sector, which has seen the axe falling on three Trust Holdings Limited founding directors, William Nyemba, Chris Goromonzi and Nyevero Hlupo who left the bank last month.

As the corruption saga unfolded, prominent Harare lawyer Wilson Manase was arrested together with a Harare magistrate Caroline Ann Chigumira and prosecutor Blessmore Gorejena on allegations of irregularly granting bail to a suspect involved in the $7 billion fraud at Trust Bank. They are all currently out of custody on bail.

"I am very sceptical about the authenticity of what they are doing," said Makumbe, adding: "I don't see the political will to go the whole mile to fight corruption. A lot of politicking is taking place ahead of the ZANU PF congress in December and the 2005 parliamentary election."

Political commentator and chairman of the National Constitutional Assembly (NCA), Lovemore Madhuku, concurred with Makumbe saying the blitz was not sustainable as the police knew where the buck stops.

"It's about factionalism and not a real desire to stamp out corruption," said Madhuku whose organisation has reportedly threatened to disrupt the 2005 parliamentary election if the playing field is not level.

"That kind of blitz can only be done by a new government with new individuals for it to be genuine. We have had a culture of corruption with the same people in government for a long time, so I don't see them locking themselves up in jail. The arrest of the small people in ZANU PF means nothing. They should go for the big fish if they are genuine, but I doubt they will, as this would split their party wide open."

Madhuku added: "People know who is doing what. Those who have been arrested so far know who is corrupt in ZANU PF. They should even start by arresting those who corruptly acquired multiple farms."

Another political analyst, Heneri Dzinotyiwei, said: "The impression being created is that of government's determination to stamp out corruption by picking some of its own members. But those members don't really have the political clout in the bigger arena. Their approach is isolated, non-structured and targeting individuals. The approach has to be impartial so the efforts don't convey the wrong message.

"At the moment their haphazard approach is open to people to draw various conclusions. Some may see it as a cover-up while others may say that those arrested belong to a certain faction and need to be educated on who is in charge.

"The land reform programme was riddled with corruption and some of the people identified were government ministers. What happened to them? Where does the corruption start and end? In African societies, politicians play a major role in corruption so how do culprits bring themselves to book? I don't believe they are sincere," Dzinotyiwei said.
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FinGaz
National Report
 
Rift rocks MDC leadership

Brian Mangwende
2/19/2004 7:25:06 AM (GMT +2)

A MAJOR rift, which may dent the Movement for Democratic Change's (MDC) ahead of next year's parliamentary election is simmering within the ranks of the opposition party - stemming from sharp differences over the Zengeza by-election slated for March 27 and 28.

Two powerful camps, jockeying for equally influential candidates, have emerged within the MDC with only about five weeks left before the Zengeza by-election, raising fears that the opposition party executive could split right through the middle.

A clique of trade unionists linked to former Zimbabwe Congress of Trade Unions (ZCTU) vice-president, Isaac Matongo, has swung its weight behind one of the candidates for the Zengeza seat, James Makore, and frustrated all endeavours to hold primary elections.

Also throwing their support behind Makore is the current ZCTU vice-president and MDC's chairperson for the women's league, Lucia Matibenga, Remus Makuwaza, the director for elections and one Mdlongwa, MDC's organising secretary.

But there is stiff resistance from an equally powerful camp pushing for primary elections. The camp comprises the MDC vice president Gibson Sibanda, secretary-general Welshman Ncube, treasurer, Fletcher Dulini Ncube, Member of Parliament for Harare East, Tendai Biti, and national youth chairman Nelson Chamisa.

The Zengeza seat fell vacant following the resignation while in the diaspora of legislator Tafadzwa Musekiwa who fled the country fearing for his life.

Jockeying for Musekiwa's former parliamentary seat are Makore, Goodrich Chimbaira, Charlton Hwende and Lloyd Damba. Sources said Hwende and Chimbaira commanded a lot of support in Zengeza and the race in the MDC camp was virtually between the two.

The squabbles have raised eyebrows within an electorate desperate for lasting solutions to the Zimbabwean political crisis. It also prompted hundreds of MDC supporters from various wards in Zengeza to storm the party's headquarters in Harare seeking an explanation from the leadership about the imposition of Makore, ZCTU's former organising secretary.

The situation turned nasty and at least five people were seriously injured during fisticuffs between youths impeccable sources said lasted about an hour.

The injured were identified only as Ms Kuvinya, Mr Mukuze, Ms Maruve, Ms Madeira and Ms Tarupiwa.

Yesterday another group of about 40 MDC members from Zengeza stormed Harvest House and only left after assurances from Ncube (secreatary-general) that he would organise a meeting with the MDC leader, Morgan Tsvangirai, today.

"The best people to respond would be Tsvangirai and Matongo. All I did was arrange for them to meet tomorrow (today)," a seemingly dejected Ncube said.

Matongo responded harshly to questions from this newspaper: "Who told you that? Go back to those people who are saying I want to impose a candidate and let them finish off the story." He then abruptly cut off his mobile phone without elaborating his involvement in the fiasco both at the opposition party's headquarters and in Zengeza.

MDC national spokesman Paul Themba Nyathi said: "The chairman has carried out a candidate selection process as instructed by the party," said Nyathi in apparent support of Matongo's handpicked candidate.

An angry Hwende said: "They are masquerading as democrats yet they don't want to hold primary elections. People were beaten up because they wanted their voices heard. Matongo is totally against holding elections. That's undemocratic."

Director for elections Makuwaza confirmed that Matongo had brought forward Makore's name as the official candidate for the constituency.

"We as the election directorate work and train candidates given to us by the chairman," Makuwaza said. "Makore's name was brought forward to us as our official candidate and this is the one we are currently going to work with."

Asked whether the method of avoiding primary elections did not impinge on the principles of democracy, Makuwaza said: "Democracy has its limits. You need to have some limits in a democracy."

On the scuffle at Harvest House, Makuwaza said some people were being manipulated to cause havoc and tarnish the image of the party.

Ahead of last year's Highfield by-election, the opposition party was rocked by divisions after Matongo again reportedly imposed Cephas Makuyana, whose candidature was violently opposed.

MDC members from that constituency reportedly staged a sit-in at the party premises forcing Matongo to reverse his decision and opt for primary elections then won by Pearson Mungofa, the incumbent Member of Parliament for Highfield.
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Fin GAz
MDC's Sibanda walks out of court a free man

Staff Reporter
2/19/2004 7:11:44 AM (GMT +2)

BULAWAYO - Gibson Sibanda, the Movement for Democratic Change (MDC) vice-president, this week walked out of the regional magistrates' courts a free man after the state withdrew charges against the former trade unionist and his colleagues who were facing charges of attempting to overthrow the government.

The charges against Sibanda, Milton Gwetu, the MDC legislator for Mpopoma and other top executives of the main opposition party in Matabeleland were withdrawn before plea on Tuesday.

Other top MDC members discharged with Sibanda and Gwetu over the case included Getrude Mthombeni, a national executive member, and Abraham Mdlongwa, the MDC provincial chairperson for Bulawayo.

Sibanda and his colleagues were being charged with violating section 5 of the draconian Public Order and Security Act (POSA) by calling and organising last year's mass action.

The state had alleged that Sibanda and the MDC executives had on March 1 2003, held a meeting in the party's provincial offices in Bulawayo for the purposes of forming "mass action teams" to allegedly mobilise people to force President Robert Mugabe out of power through crippling demonstrations.

Sibanda, the state alleged, further instructed leaders of the "action teams" at the meeting to barricade city roads and force "innocent" members of the public to demonstrate.

Judiciary sources said the Attorney-General's Office directed that the charges be withdrawn due to lack of evidence to prosecute.

Sibanda, represented by Josphat Tshuma, a lawyer with Webb, Low and Barry, confirmed the withdrawal of the charges. His lawyers also confirmed that the state had withdrawn the charges before plea.

Sibanda's lawyers were adamant the state had no case.

"The state had no case, there was nothing. It was a sheer waste of time and money. My arrest and that of our other members in the case goes to show the high-handedness of our police. The prosecution could not pin anything on us," said an elated Sibanda.

He said it had taken the state almost a year to recognise the folly of trying to pin trumped-up charges against MDC leaders.
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Financial Gazette
Comment
 
Don't apply law selectively


2/19/2004 7:16:03 AM (GMT +2)

THAT the all-pervading corruption has become institutionalised in the country is beyond argument. In corporate Zimbabwe, be it private or public, incidents of corruption are well documented.

Billions, if not trillions of dollars of public funds, have been spirited away in state-owned companies, silting up the pockets of a corrupt few in positions of influence. When it comes to graft, there is a common thread that runs through most if not all state-owned companies. The Zimbabwe Electricity Supply Authority, National Oil Company of Zimbabwe, Grain Marketing Board, Air Zimbabwe, Cold Storage Company, National Railways of Zimbabwe, among others, the story is the same.

The situation is no better in the private sector, which has been very critical of government, accusing it of not only being corrupt but of reducing the economy into a recessionary heap. There they have perfected the art of cooking the books and shading the truth. In fact in Zimbabwe, it is now the norm rather than the exception to push the envelope too far, as they would say in the Mafia parlance.

And up until now, the party had continued unabated for those Zimbabweans who have all along perpetrated corruption with impunity at levels that provoked a sharp intake of breath among the country's citizens. But there is now a whiff of panic among the corrupt as the drink has started to run out, with government, long accused of mere rhetoric, attempting to move into action to get corruption under control.

Previously there did not appear to be any appetite to decisively deal with corruption on the part of government even though alarm bells had started ringing when evidence of what has now grown into a dangerous cancer afflicting the national fabric, was still very much sparse and possibly anecdotal. Surprisingly though, the belated promulgation of the anti-graft laws last week through the amendment of the Criminal Procedure and Evidence Act under the Presidential Powers (Temporary Measures Act), a tacit admission by government that the pendulum has swung too far the other way, has raised quite a furore.

Yet corruption has always provoked growing concern to the extent that the rollout of an armoury of anti-corruption measures should have been greeted with a collective sigh of relief by a nation increasingly wary of the rot. The only bone of contention could have been that the government, which has always been under moral pressure to deal with corruption, was only now trying to address the rot when it is too little too late.

Unfortunately this was not so. If anything, the new legislation has been greeted with either indifference or downright scepticism and criticism by a citizenry that largely blames the corruption in the country on a deeply-rooted political patronage system nurtured by the government.

It has been argued in legal circles that in this case, the provisions of an emergency law have been used for a non-emergency case because the culture of corruption has been in Zimbabwe for years. Among other things it has also been argued that since Zimbabwe is a constitutional democracy, the wrong arm of government was making the law. The merits of the legal argument notwithstanding, the situation as regards corruption has gone so bad that Zimbabweans were likely to take it (the anti-corruption law) as a fait accompli except for the lingering concerns over the application of the law.

Indeed this anxiety over the anti-corruption laws is as much to do with the fact that the legislation impinges on certain sections of the constitution as it is to do with well-founded fears that there could be selective application of the law. Based on past experiences, the widely held view is that the government could, in its anti-corruption crusade, go for the proverbial hares but avoiding the elephants.

The government would therefore have to do a lot to assuage the general perception that the political heavyweights, whose invisible hand continues to fuel corruption, are above the law and that they would be brought to account. Then and only then would the authorities be able to rally the generality of Zimbabweans behind the anti-corruption crusade.

At the risk of stating the obvious though, we have to say that Zimbabweans, who are still gauging government's commitment to deal with corruption, will only be too happy to see the country rid of corruption. They would welcome any genuine attempts to deal with corruption even if it means changing the country's constitution to help the situation.
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Sent: Friday, February 20, 2004 1:34 AM
Subject: ZIMBABWE: New study sheds light on lives of disabled


ZIMBABWE: New study sheds light on lives of disabled

[This report does not necessarily reflect the views of the United Nations]


BULAWAYO, 19 February (IRIN) - Lydia Mpofu's day begins at 4.00 am when she
makes the first of two trips to fetch water from a river 4 km from her home
in Zezane, near the southern Zimbabwean border town of Beitbridge. Although
aged 66, she then spends three back-breaking hours tending her maize crop,
before returning home to care for her disabled grandson.

"I have to balance my time evenly between the necessary household chores,
daily work commitments and caring for him. He has been like this since he
was born, seven years ago. It is difficult looking after him because he
cannot do anything by himself. He needs to be washed and fed, exactly like a
baby, and moved from one shade to another. If only I could get him a
wheelchair," said Mpofu.

Her story typifies that of families looking after the disabled. Without
adequate state support, it is the extended family that shoulders the
responsibility for their care and, given the depths of Zimbabwe's economic
crisis, that struggle has become all the harder.

The last census, in 2002, estimated that 2.9 percent of Zimbabweans were
disabled. But what had not been properly documented were the actual living
conditions of those with disabilities. Now, a new study by the Southern
Africa Federation of the Disabled (SAFOD), in collaboration with the
Norwegian Federation of Disabled People, has shed light on their daily
lives.

The report, "Living Conditions Among People with Activity Limitations in
Zimbabwe, a Representative Regional Survey" sampled 22,000 people in five of
the country's 10 provinces, and found the disabled were deeply disadvantaged
in terms of access to education, employment and state support.

Only one out of every eight respondents was receiving financial assistance.
Disability and social support grants only amounted to about Zim $15,000 (US
$3.75) a month, while a loaf of bread cost Zim $2,300.

Three times as many disabled people - 28 percent - had never been to school,
compared with just 10 percent of the non-disabled. Women faced the greatest
discrimination, with 34 percent of those with disabilities never having
entered a classroom.

A separate analysis looked at the type of disability prevalent among those
without any formal schooling and found that the largest number had sensory
impairments (seeing and hearing) and communication problems.

Comparisons between the rural and urban areas also revealed glaring
disparities in access to education, with the disabled in rural areas facing
significant challenges, noted the report.

Unemployment was another area of concern. In the southern province of
Matabeleland, 81 percent of the disabled were jobless, with Manicaland in
the east and the central province of Midlands tied at 77 percent. Again,
women were more disadvantaged than men, while "more households with one or
more disabled members have no employed members, compared to households
without disabled members".

Despite the lack of employment opportunities, the study found that 35
percent of disabled people in the potentially economically active 15 to 65
age group had received vocational skills training, compared to only 28
percent in the non-disabled category, because special education self-help
programmes were usually geared towards the disadvantaged.

Surveys on the accessibility of health and education facilities for the
disabled showed that 80 percent believed primary health care clinics and
hospitals were accessible, while 40 percent gave schools a thumbs-up.

Commenting on the findings of the survey, SAFOD secretary general Alexander
Phiri said despite the lack of facilities, living conditions of people with
disabilities were better in rural areas because there was a greater sense of
community.

He said he hoped the information gathered would be used to formulate better
welfare schemes for the disabled in Zimbabwe, and added that SAFOD was
working towards a regional policy to address their specific needs.

[ENDS]

IRIN-SA
Tel: +27 11 880-4633
Fax: +27 11 447-5472
Email: IRIN-SA@irin.org.za

[This Item is Delivered to the "Africa-English" Service of the UN's IRIN
humanitarian information unit, but may not necessarily reflect the views
of the United Nations. For further information, free subscriptions, or
to change your keywords, contact e-mail: IRIN@ocha.unon.org or Web:
http://www.irinnews.org . If you re-print, copy, archive or re-post
this item, please retain this credit and disclaimer. Reposting by commercial
sites requires written IRIN permission.]

Copyright (c) UN Office for the Coordination of Humanitarian Affairs 2004
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Statement


Police harassment of ZCTU leaders deplorable


YESTERDAY's arrest and subsequent release of the Zimbabwe Congress of Trade
Unions leaders in Bulawayo without any charges, represents the latest police
harassment of civic leaders.



Crisis Coalition strongly deplores the harassment of civic and political
rights activists especially the latest arbitrary arrest of Reason Ngwenya,
David Shambare, Percy Mciyo and Ambrose Manenji of the ZCTU's Western
region.



Our disgust stems from the fact that this harassment comes barely a week
after police set dogs and brutally assaulted National Constitutional
Assembly demonstrators. This smacks of utter hypocrisy on the part of law
enforcement agents who have become a menace to the public and agents of
Zanu-PF instead of protecting the citizens regardless of political
affiliation.



Attacks on the labour leaders only point to a government that has become
desperate in its attempt to silence any perceived dissenters and this
further compromises even the constitutionally guaranteed right of freedom of
assembly and association and the right to belong to a political organisation
of one's choice.



The government seems unmoved and determined to stifle people's freedoms,
even as the socio-economic and political roller coaster continues.



We demand a revision of the responsibility of state machinery such as the
police in relation to the citizenry, which pays for its operations. The
police must be answerable to the people first. The Police Service Charter
clearly spells out the force's non-partisan role and thus we call on the
Minister of Home affairs, Kembo Mohadi, to go back to this document and
ensure that the police work towards meeting its obligations. Anything less
than that is unacceptable!



Issued on the 17th February 2004







Crisis Coalition is a grouping of more than 350 civil society organisations
fighting for democracy and good governance in Zimbabwe.
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Sent: Friday, February 20, 2004 12:18 AM
Subject: ZIMBABWE: Country "needs to be normalised" before polls - MDC


ZIMBABWE: Country "needs to be normalised" before polls - MDC

JOHANNESBURG, 19 February (IRIN) - The Zimbabwean opposition Movement for
Democratic Change (MDC) said on Thursday the country "needs to be
normalised" before elections can be held.

MDC spokesman Paul Temba Nyathi was responding to an announcement on state
radio that parliamentary elections would be held in March next year.
President Robert Mugabe was also quoted as saying he had no plans to retire
from politics.

Nyathi told IRIN: "The atmosphere in the country is hardly conducive for
holding free and fair elections. Has an independent election supervisory
body set up by the government? Has the level of intimidation ceased? Do we
have a free media - a major requirement for holding democratic elections?"

The five-yearly elections would have had to be held before June 2005. In the
last elections, in 2000, MDC won 57 of the 120 parliamentary seats. Another
12 members are nominated by the president, 10 seats are reserved for
traditional leaders and eight seats are filled by provincial governors,
bringing the total number of members in the Zimbabwean parliament to 150.


[ENDS]

IRIN-SA
Tel: +27 11 880-4633
Fax: +27 11 447-5472
Email: IRIN-SA@irin.org.za

[This Item is Delivered to the "Africa-English" Service of the UN's IRIN
humanitarian information unit, but may not necessarily reflect the views
of the United Nations. For further information, free subscriptions, or
to change your keywords, contact e-mail: IRIN@ocha.unon.org or Web:
http://www.irinnews.org . If you re-print, copy, archive or re-post
this item, please retain this credit and disclaimer. Reposting by commercial
sites requires written IRIN permission.]

Copyright (c) UN Office for the Coordination of Humanitarian Affairs 2004
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Sent: Wednesday, February 18, 2004 9:55 PM
Subject: MDC PRESS: The New Presidential Powers Regulations Represent A covert Declaration of a State of Emergency

 

MDC PRESS

18 February 2004

The New Presidential Powers Regulations Represent A covert Declaration of a State of Emergency

New Presidential Powers Regulations, recently announcement by the Mugabe regime, sends ‘shivers down the spines’ of the freedom loving people of Zimbabwe. The announcement is an affront to democracy and should be interpreted as a move to introduce a State of Emergency through the back door. This latest assault on democracy calls into question again Mugabe’s

commitment to engage in political dialogue to address the crisis of governance in Zimbabwe. His latest assault on basic democratic rights establishes yet another barrier to creating an environment conducive to effective inter-party dialogue. 

“These regulations are nothing more than a Trojan horse which effectively usher in provisions that give the regime State of Emergency powers without actually declaring a State of Emergency,” said David Coltart, MDC Secretary for Legal Affairs.

Mugabe’s new powers mean that police can detain people for up to thirty days without trial. Not only does this disturbing development confirm the totalitarian instincts of the regime, it also betrays Zanu PF’s intention to entrench their framework of tyranny. 

The Zanu PF government has attempted to dress up the announcement as a moral stand against corruption by claiming that the fundamental aim is to tackle  ‘economic crimes’ such as money laundering, fraud and illegal foreign currency trading. Closer scrutiny of the new regulations however, reveal that the ‘economic crimes’ element is a mere gimmick. The main target of the regulations are Mugabe’s political opponents, i.e. the MDC. Why else would the new regulations also be applied to offences committed under the draconian Public Order and Security Act, under the provisions of which thousands of MDC supporters have been arrested, including most of the leadership?

“The intention of the regime is clear. They understand that the region and South Africa cannot afford a

declaration of a State of Emergency, which the regime desperately needs to facilitate detention-without-trial, last used by the Smith regime and by Mugabe during the Gukurahundi period. So now, under the guise of corruption, the regime has introduced 30-day detention provisions which will undoubtedly be used preventatively, and/or punitively, to detain those who promote peaceful and non-violent methods of civil disobedience.

 

Furthermore, given the regime’s predilection for torturing its opponents whilst they are in police custody, there is equally no doubt that these provisions will be used to torture opponents more effectively, and more importantly, to prevent those tortured from receiving timeous medical attention,” said Coltart

Increasingly, this level of desperation on the part of the Mugabe regime confirms its loss of moral authority. This is a regime that is on its way out and it knows it. It finds itself exactly where the Smith

regime was in the late 70s.

MDC Information Department

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in Zimbabwe



Below is Hon David Coltart's analysis of Statutory Instrument 37...ie
Presidential Powers (Temporary Measures) (Amendment of Criminal Procedure
and Evidence Act) Regulations 2004 gazetted on Friday 13 February 2004.

Important phrases are highlighted at the beginning, with the full text
below.
____________________________________________________________________________
Extracts

"these regulations are nothing less than a Trojan horse which effectively
usher in provisions that give the regime State of Emergency powers without
actually declaring a State of Emergency.

This is so because of the effect of section 2 of the regulations as read
with section 10 of the Third Schedule of the Criminal Procedure and Evidence
Act. These provisions apply these regulations not only to “economic crimes”
(as the propaganda would have us believe) but to none other than the Public
Order and Security Act (POSA)!  Section 10 of the Third Schedule reads as
follows:

“Contravening section 5, 6, 7, 8, 9, 10 or 11 of the Public Order and
Security Act [Chapter 11:17].”

Section 5 of POSA is the provision used to detain most of the MDC leadership
over the last year.
................................................
So now under the guise of combating corruption the regime has introduced
30-day detention provisions. ..."
_________________________________________________________________________
Full Text

Statement regarding the Presidential Powers Regulations published on 13th
February 2004

We have now had an opportunity to read the full text of the Presidential
Powers Regulations and note that this is yet another example of the
chicanery of the Mugabe regime. In the Government controlled press the
propaganda line taken to justify these draconian and unconstitutional
regulations is that they are needed to combat economic crimes such as
corruption and money laundering. Indeed the “explanatory note” to the
regulations establishes this subterfuge as it reads as follows:


“EXPLANATORY NOTE

(This note does not form part of the regulations, but merely explains their
contents)

       The amendment to the Criminal Procedure and Evidence Act effected by
these regulations is intended to facilitate the investigation and
prosecution of crimes affecting the economic interests of Zimbabwe, such as
corruption, the laundering of the proceeds of crime, the externalisation of
foreign currency (whether directly or through transfer pricing), the
smuggling of gold and precious stones and the illegal export of agricultural
products controlled under the Grain Marketing Act [Chapter 18:14].”


The regime clearly thinks they can deceive the public by sweetening the
regulations with the explanation that they are designed to combat
corruption. There is an understanding within the leadership of the regime
that the public is so angry about the flagrant acts of corruption committed
by the ZANU (PF) elite and their supporters that the public would tolerate
such appalling provisions that violate fundamental constitutional rights if
disguised as an attempt to combat corruption. But these regulations are
nothing less than a Trojan horse which effectively usher in provisions that
give the regime State of Emergency powers without actually declaring a State
of Emergency.

This is so because of the effect of section 2 of the regulations as read
with section 10 of the Third Schedule of the Criminal Procedure and Evidence
Act. These provisions apply these regulations not only to “economic crimes”
(as the propaganda would have us believe) but to none other than the Public
Order and Security Act (POSA)! Section 10 of the Third Schedule reads as
follows:

“Contravening section 5, 6, 7, 8, 9, 10 or 11 of the Public Order and
Security Act [Chapter 11:17].”

Section 5 of POSA is the provision used to detain most of the MDC leadership
over the last year and indeed today in Bulawayo several MDC members are in
court facing spurious allegations of contravening this section which reads:

“5 Subverting constitutional government

(1) In this section-

'coercing' means constraining, compelling or restraining by-

(a)physical force or violence or, if accompanied by physical force or
violence or the threat thereof, boycott, civil disobedience or resistance to
any law, whether such resistance is active or passive; or

(b)threats to apply or employ any of the means described in paragraph (a);

'unconstitutional means' means any process which is not a process provided
for in the Constitution and the law.

(2) Any person who, whether inside or outside Zimbabwe-

(a)organises or sets up or advocates, urges or suggests the organisation or
setting up of, any group or body with a view to that group or body-

(i)overthrowing or attempting to overthrow the Government by
unconstitutional means; or

(ii)taking over or attempting to take over Government by unconstitutional
means or usurping the functions of the Government; or

(iii)coercing or attempting to coerce the Government;

or

(b)supports or assists any group or body in doing or attempting to do any of
the things described in subparagraphs (i), (ii) or (iii) of paragraph (a);

shall be guilty of an offence and liable to imprisonment for a period not
exceeding twenty years without the option of a fine.”



The intention of the regime is clear. They understand that the region and
South Africa cannot afford a declaration of a State of Emergency, which the
regime desperately needs to facilitate detention-without-trial-provisions
last used by the Smith regime and the Mugabe regime during the Gukurahundi
period. So now under the guise of combating corruption the regime has
introduced 30 day detention provisions which will undoubtedly be used
preventatively, and/or punitively, to detain those who promote peaceful and
non violent methods of civil disobedience. Furthermore given this regime’s
predilection for torturing its opponents whilst they are in police custody
there is equally no doubt that these provisions will be used to torture
opponents more effectively and, more importantly, to prevent those tortured
from receiving timeous medical attention.

All of this begs the question – what does the application of these
Presidential Powers Regulations to section 5 of POSA have to do with
“prosecuting crimes affecting the economic interests of Zimbabwe such as
corruption”? Of course it has nothing whatsoever to do with combating
corruption. The irony is that these regulations will be used against the
very people who are protesting against corruption which is now endemic
within the regime.

This appears to be yet another fruit of “quiet diplomacy”.

David Coltart MP
Secretary for Legal Affairs

MDC

17th February 2004