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COMMERCIAL FARMERS' UNION
Farm Invasions And Security Report
Monday
18 February 2002
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This report does not purport to cover all the incidents that are taking
place in the commercial farming areas. Communication problems and the fear of
reprisals prevent farmers from reporting all that happens. Farmers names, and
in some cases farm names, are omitted to minimise the risk of reprisals.
NATIONAL REPORT IN BRIEF
On Manovi Farm, Horseshoe, a large banana crop
is rotting in the fields. The Zanu (PF) youth will not allow the farmer access
to the plantation and have forced the closure of the farm store.
Spes Bona
in Macheke/Virginia, reported a message sent to the labour demanded they each
pay ZWD 28-00 to a fund so the "war vets" can buy food! The owner told the
labour the demand is extortionate and unlawful. No one has paid the demand to
date.
In spite of the presence of international observers in the country,
Marondera has been swamped with further reports of ongoing political violence
and intimidation. Specific farms targeted include Nyagambe Farm, Oxford Store
and Igava Farm. Labour are taken away to be severely beaten up at a Zanu (PF)
camp set up on Nyagambe.
At Mt Arthur Farm, Wedza, settler Nyamandi knocked
a hole in one of the tobacco barn walls, put in flues and is now curing his
tobacco.
Settler Gilbert Moyo demanded all irrigation should be stopped on
the maize at Tiverton, Chegutu, as it was now "his maize". The DA came out to
explain it did not belong to him. Gilbert Moyo then assaulted the irrigation
foreman the next day, telling him to turn it off.
For appearing 10 minutes
late for a court appearance as witnesses, two farm guards from Valley Ranch,
Mwenezi, were arrested and detained overnight. The Public Prosecutor demanded
ZWD 10 000-00 from the employer, as the two men were in contempt of court. No
subpoenas had been issued. The Public Prosecutor then proposed that ZWD 4 000-00
would suffice to release the guards, but would not give a receipt for the money
paid.
Ongoing problems at Sandown North Farm, Marula, has seen new
shelters built for evicted labour torn down by Zanu (PF) youths, led by Japhet
Maboko Ncube. This group, fortified by “war vets” on the farm, have told
security guards at the Safari Camp of Spatalala Lodge that if furniture in the
buildings was not removed by a certain date, the camp would be burnt down. They
further threatened that any person found trying to protect the property would be
killed and that if any more fishing clients were seen at the dam, they would
torch the vehicles of the fishermen and chase them off the property. The police
deferred all calls to the DA who gave an assurance he would talk to the war
veteran leadership in Plumtree.
REGIONAL NEWS
MANICALAND
Old Mutare – although there is intimidation ongoing no one
has been assaulted of late.
Rusape – plenty of meetings were held with
constant demands for transport to be provided by farm owners, with threats for
refusal to comply.
General - all is quiet.
MASHONALAND
CENTRAL
General - The area has been very quiet with very few reports
received.
Horseshoe - On Amajuba Farm the "war vets" broke into a storage
shed and stole flues in order to cure their tobacco on Mapetu Farm. On Red
Lichen a youth arrested a "war vet" for fishing illegally in the farm dam and
took him to ZRP Guruve. On Penrose Farm the youth apprehended "war vets" who
were in possession of a stolen bicycle. On Rungudzi Farm the "war vets" have
commandeered the barns (within the farm security fence) in order to cure their
tobacco, ostensibly with permission from the DA in Guruve. On Siyalima Farm the
"war vets" have begun to inspect the barns with a view to using them to cure
their tobacco. On Manovi Farm a large banana crop is rotting in the fields as
the youth will not allow the farmer access to the plantation, and they have
forced him to shut down the farm store.
Political harassment continues in
most areas but fewer reports of violence have come in.
MASHONALAND EAST
Macheke/Virginia - the owner of Highway Service Station
(an elderly widow) was confronted by a mob on 13.02.02, demanding to know why
their Zanu (PF) voting poster had been removed in the night. They lined up all
the workers on the forecourt, and threatened to send in the Zanu (PF) Youth
Brigade. The owner asked "war vet" Matatsi for help and managed to control the
situation by stating any further posters could be pasted inside the windows so
passers-by would not remove them. A work stoppage on Murrayfield has not been
resolved. The owner plans to see "war vet" Mutatsi. Police response poor. B
& K Estates received a request for transport, which was refused. A woman
labourer was summoned by the Youth as an intimidatory tactic, but she returned
unharmed. The owner of Royal Visit refused a request for transport, and
consequently had a work stoppage in the home barns. The police referred him to
the DA, who in turn refers him to the police. "War vet" Matatsi refers him to
the DA. ZRP Macheke second in command attended and the barns were operational
by the evening. Both Morning Star and B & K Estates had Agritex officials
carrying out surveys on the farm. Welcome Home A Farm has a work stoppage.
Police were advised on 13.02.02 and the OIC said he would attend. The owner
reports six calves are missing, but has not made a police report. Spes Bona
reported “war vets” sent a message to the labour demanding they each pay ZWD
28-00 so the "war vets" can buy food! The owner told the labour the demand is
extortionate and unlawful. No one has paid the demand to date. Welcome Home
Farm reports five calves are missing. A family gathering was held at Exeter Farm
for two of the owner’s grandchildren's christening, visiting from South Africa.
The local "war vet" demanded to know the identity of the people gathered and
their purpose. He and his followers state they must be informed as to movements
on "their farm" at all times, which is now to be called "Nyameta Village". There
are nightly road blocks set up, using trees or rocks as barriers. Glen
Sommerset reported labour was forced to pay ZWD 10-00 each towards "war vets"
bus fares to Murewa. This is the second incident of this nature on the farm,
the first time labour had to pay ZWD 5-00 each. No police reports have been
made. Two labourers were beaten up on 15.02.02 and the gardener had his passport
taken from him by the Zanu (PF) youth on the farm. The female domestic workers
were threatened with removal to Craiglea Farm. The Zanu (PF) youth state they
will beat them up and remove their ID cards. On reporting to the OIC Macheke,
Insp Govera, he became abusive, stating the owner’s wife was a troublemaker, and
the complainants must report direct to the Macheke Police Station, 56 km away.
The following day the Zanu (PF) youths forcibly removed the ID cards of all
domestic and workshop labour, who did not arrive at work for fear of assault.
The police have requested the return of the ID cards to their rightful owners.
Medlar Farm reported about 40 youths had set up a base camp on Whispering Hope
Farm, but all is quiet. The owner of Malda Farm again tried, with the help of
another farmer, to remove property from his farm. Although met by a drunk and
threatening person, he managed to remove some property. Highlands Farm reported
the local "war vets" became irate and accused the owner of interfering with
"their farm" when he went to put out a fire on the farm. Alcatraz were
investigating a stock theft on the farm. The owner was confronted by the "war
vets" who were unhappy about the security firm being on the farm. The dairy
operation was stopped 16.02.02, and although response was slow, the police
eventually arrived and resolved the situation. River Valley Farm reported that
youths had formed a “gang” on the Virginia Road between Marylands and Faroe
Farm. They attempted to stop the owner on the road. Reported to
Police
Marondera - In spite of the presence of international observers in the
country, this area has been swamped with further reports of ongoing political
violence and intimidation. At Soswe on 8.02.02, a young political activist,
Munyaradzi, although supportive of both parties in the past, recently aligned
himself with the opposition and has been beaten up so badly by ruling party
supporters that he is not expected to survive. Nyagambe Farm reports that a
torture camp has been set up by ruling party supporters. During the last two
weeks they have carried out numerous attacks on the surrounding population. A
married couple who work at the farm were detained for several days and then
evicted from their home. Five labourers were forced to attend the camp and the
senior security guard taken to Oxford Store and publicly beaten on the feet and
buttocks with poles 2-3" in diameter, and kicked in the face. A young man,
resident in the adjacent communal area was abducted from Middlesex Farm beer
hall, and severely assaulted. Another Nyagambe labourer was assaulted while
fishing at the farm dam by local "war vet" leader Mapfumo. A security guard from
Marondera was detained at the camp for 36 hours and assaulted. The farm foreman
and his wife were forced to attend the camp, and he was severely beaten on his
feet and buttocks, for possessing opposition party t-shirts in the past. In
general, Nyagambe Farm labour is forced to attend meetings at the base, which
result in at least one assault. Refusal to attend has violent consequences.
Young people on the farm are forced to attend 'pungwes' on a nightly basis. At
Oxford Store, a farm labourer, also an opposition activist was severely beaten
up and detained 12.02.02 by Zanu (PF) youth. The community ambulance was driven
in to rescue him, with a police escort. On arrival they found three very badly
beaten men and around 100 hostile youths who refused to allow the ambulance crew
access to the victims. The police detail called for backup, which, when it
arrived, sent the ambulance back to base without treatment of the victims and
took the unfortunate trio to the Marondera Police Station. Nothing further has
been reported. The owner of Igava Farm had a nasty confrontation with the
settlers on 13.02.02, who claim his cattle damaged their maize on the
neighbouring Igudu Farm. It is felt the group deliberately drove the cattle
through the crop, as they have been successful in extorting over 20 t of maize
from the owner of Igudu farm with the same method. The latter has removed all
his cattle from Igudu. The Igava Farm owner agreed Agritex and police assess the
damage and to negotiate compensation. He was threatened by a man armed with a
hunting knife and escaped unhurt. Zanu (PF) campaign posters have been pasted
on the door of his house and all the tractors, with the drivers threatened with
violent consequences if the posters are removed. A farm clerk at Igava Farm was
beaten up by settlers for refusing to give them mealie meal, and other items in
his care. The new propaganda by the ruling party activists is the number on the
ballot paper corresponds to the voter's ID card number, so authorities can trace
individual votes. Mjanje Farm reports the Zanu (PF) Youth brigade still harass
labour. Requests for transport are refused, in spite of the youths threatening
to assault the drivers. As Wedza police had no transport, the owner collected
them. The owner of Uitkyk Farm was visited by a Sgt. Major Chitora (Army), "war
vet" Chris and two others providing fictitious names. They claim the sergeant
major now owns the farm and made demands including the sale of mealie meal
stocks, access to the store, the beer hall to be open daily and dismissal of the
private security staff. Labour refused to attend a meeting held by the sergeant
major.
Wedza - Following the disturbances last week, labour on Idube were
allowed to return to work. Settlers’ cattle remain on farm, but are now
herded. At Journey's End two weeks ago, farm guards encountered armed poachers,
who had come from Hillingdon Farm. Several shots have been heard at night and on
15.02.02 a weaner was found slashed. On Mt Arthur settler Nyamandi, knocked a
hole in one of the tobacco barn walls, put in flues and is now curing his
tobacco. Settlers on Rapako reaped tobacco in the seedbeds and reportedly
converted one of the farm village houses into a barn to cure it. At Ashlyns
shots were heard at night on 12.02.02, at the boundary of Ashlyns and Fels. Hull
reports theft of hydrants, taps and end plugs.
MASHONALAND WEST
(NORTH)
No report received.
MASHONALAND WEST (SOUTH)
Norton - On
Maine Farm the security guard was assaulted by settlers. Police fined the
settlers ZWD 500-00, which they subsequently tried to extort from the security
guard.
Selous - On Hillview settlers destroyed the cattleman’s house and took
away the corrugated iron. They demand the 300 head of cattle leave the
property. On Carsky settlers started a veld fire.
Chegutu - On Tiverton
settler Gilbert Moyo demanded all irrigation should be stopped on the maize, as
it was now "his maize". The DA came out to explain it did not belong to him.
Subsequently, Gilbert Moyo assaulted the irrigation foreman the next day,
telling him to turn it off.
Chakari - On Newbiggin all the labour was forced
to attend a Presidential rally in Sanyati. The night before they were made to
march to Chakari after being woken up at midnight, and then made to march back
again.
Kadoma - On Hellaby the police and CID recovered several lorry loads
of personal effects from when settlers trashed the house. Ten settlers from
Alabama were arrested, the charge being they stole over ZWD 2 million worth of
household effects from this farm, after forcing the owner out of the house. The
owner is still unable to live in his house. Inniskilling had another break in,
with a motorbike, diesel, a floodlight and various items stolen. This happened
the night after the owner was refused entry to the farm at an illegal
roadblock. War Veteran leadership went out to the farm and recovered stolen
items from this break in and previous break ins. The domestic workers were
allowed to work for the first time in nearly two months.
General -
Ploughing with DDF tractors and planting still continues on occupied farms!
Forced attendance of labour at the two Presidential rallies in Sanyati and
Mhondoro took place, with farmers forced to supply vehicles in some cases. The
deputy speaker of the House and the DA Chegutu visited various farms, attempting
to coerce farmers to provide “mombes” for the rallies. Agritex officials in
Kadoma are asking farmers how much wheat they could produce this winter if
allowed to plant a crop.
MASVINGO
General - It is clear settlers are
chasing farmers’ cattle into maize fields to demand compensation from the owner,
as they realise they will not produce a crop under current drought restrictions.
Masvingo East and Central – the continuous theft of potatoes on Dromore Farm has
meant the owner was forced to remove the remaining crop. He is also facing
compensation demands as settlers claim his cattle have eaten their crops.
Although his cattle are kraaled and locked up every night, the settlers claim
the cattle have “jumped out of the kraals”. Leddard Farm reports compensation
demands for settlers’ maize damaged by the owner’s cattle that have broken
through fences. On Riverdene Farm, the settlers approached the owner and his
wife on their farm, enquiring as to their departure. A Section 8 Order and
Section 7 Notice have been received.
Chiredzi – the owner on Speargrass Ranch
was given an ultimatum his 55 head of cattle would not be released until
compensation was paid for crops eaten by these cattle. Although the owner,
accompanied by the base commander, walked an area of approximately 14 km, no
cattle tracks could be found. Only calf tracks were seen and the owner has no
calves. He has refused to pay compensation and allowed to collect 15 cattle,
but the others remain with the settlers. At Faversham Ranch, settlers have
reaped what crops they could from two fields, which belong to the owner. Two DDF
tractors are currently ploughing the two fields. Wasarasara Ranch reported
eight cattle stolen by three individuals, but with police assistance, seven have
been recovered. There is a youth camp on Eaglemont Ranch with approximately 20
youths present. 120 more youths have been registered from Zaka to join. There
have been plenty of meetings held in this area, with leaflets and posters
distributed and “voter education” taking place.
Save Conservancy - Poaching
and snaring continue in this area.
Gutu/Chatsworth - Nyororo Farm reports
Zanu (PF) youths and two men dismissed from employ several months ago, arrived
demanding fair terminal benefits. Wragley Farm reports nine cows stolen. On
14.02.02, another heifer was stolen, killed and the meat taken away to be sold.
Chatsworth Estate received a Section 7 Notice.
Mwenezi - The usual cutting,
building, snaring is ongoing. La Pache Ranch reports a cow was caught round the
neck by a snare. It appears the snare was deliberately set, the cow driven into
it and killed with axe blows to the head. The two hindquarters were taken. The
site was close to another identical case, which occurred recently. No arrests
have been made despite the assertion by the investigating police details they
suspected the two settlers resident nearest to the crime scene. For appearing
10 minutes late for a court appearance as witnesses, two farm guards from Valley
Ranch were arrested and detained overnight. The Public Prosecutor demanded ZWD
10 000-00 from the employer, as the two men were said to have been in contempt
of court. No subpoenas had been issued. The Public Prosecutor then proposed that
ZWD 4 000-00 would suffice to release the guards, but would not give a receipt
for the money paid. On Rinette Ranch fires were started in three different
places, burning about 1 500 ha of grazing. Obvious kindling sticks were found at
the source of one fire. The suspicion is this was in retaliation for the owner
reporting to the police that the local MP's son's cattle, illegally present on a
neighbouring farm now without water, were watered at a trough on the property.
At Quagga Pan A/Alko Ranch the water pipeline from the Mwenezi River has
suffered three breaks in two days. A settler seen filling his containers from
the leaking water was unconcerned at being caught in the act. Information
indicates there is the gathering of a further group of cattle to be moved from
the vaccinated communal area on to Swanscoe Ranch. Situation is being
monitored. The situation on Quagga Pan Ranch concerning a labourer locked up
by settlers was resolved with the help of the police.
MIDLANDS
No
report received.
MATABELELAND
Marula - continued harassment of labour and the owner on
Sandown North Farm has seen threats made to burn down new shelters built for
evicted labour become reality on 16.02.02. This was carried out by Zanu (PF)
youths led by Japhet Maboko Ncube. This group, fortified by “war vets” on the
farm then entered the Safari Camp of Spatalala Lodge on the evening of 17.02.02,
telling the security guards present that if furniture in the buildings was not
removed on 18.02.02, they would return the following day to burn down the camp.
They further threatened that any person found trying to protect the property
would be killed. They stated that if any more fishing clients were seen at the
dam, they would torch the vehicles of the fishermen and chase them off the
property. The police deferred all calls to the DA who gave an assurance he would
talk to the war veteran leadership in Plumtree.
Daily News
Mugabe on way out
2/20/02 8:24:44 AM (GMT
+2)
By Pedzisai Ruhanya
Morgan Tsvangirai, the MDC leader,
will beat President Mugabe in next month’
s presidential election, says a
survey conducted by the Mass Public Opinion
Institute led by a University of
Zimbabwe political scientist, Professor
Masipula Sithole.
The survey
reveals Tsvangirai would be a better President than Mugabe if
elected into
office.
The revelations are contained in an opinion survey of 1 693
people from nine
provinces, excluding Mashonaland Central, Zanu PF’s
stronghold.
The survey is based on 29 questions on different election
issues.
“Based on Zimbabwe’s voting population of 5,6 million (2000
estimates), it
was decided that a sample size of 1 800 questionnaires was
adequate for the
poll. However, we ended up with a sample of 1 693 because
all the 138
questionnaires supposed to have been administered in Mashonaland
Central
province were confiscated by war veterans in Rushinga and Mount
Darwin.
“An additional 85 questionnaires were seized in the presence of
the police
by a person who claimed to be from the President’s Office at Hauna
growth
point in Manicaland.”
The report was released yesterday and
contains interviews carried out last
month before the nomination of the
presidential candidates.
The survey includes the province, age,
residential area, gender and level of
education of the
respondents.
The respondents in the survey include rural and urban
dwellers.
Out of the 1 693 people sampled, the respondents said that if
the
presidential election were to be held today, 19,8 percent would vote
for
Tsvangirai, while 11,3 percent said they would vote for Mugabe.
An
overwhelming 59,7 percent of the total said their vote was secret, while
7,8
percent said they did not know who to vote for.
In Harare, the survey
revealed that 10,1 percent would vote for Mugabe and
28,8 percent for
Tsvangirai. In Bulawayo, 5,1 percent said they would vote
for Mugabe and 19,5
percent for Tsvangirai.
The survey revealed that 53,2 percent and 64,6
percent of the respondents in
Harare and Bulawayo, respectively, indicated
that their vote was secret.
In Mashonaland West, Mugabe’s home province,
9 percent said they would vote
for him while 20 percent preferred Tsvangirai.
An overwhelming 67,7 percent
said their vote was secret.
Faith in the
secrecy of the vote is expressed across all provinces in
the
country.
This shows that the voters are educated enough to realise
that they cannot
be intimidated into voting for a particular candidate
because of threats
that their ballot would be detected by computers and
hidden cameras.
The survey further reveals that, contrary to the
widely-held view that
Mugabe still commands an absolute majority in the rural
areas, the situation
has changed drastically as Tsvangirai now commands
substantial supporters
there.
Of the people interviewed in the rural
areas, 53,4 percent said they would
vote for Mugabe and 29,3 percent for
Tsvangirai but 41,8 percent said their
vote was secret, a clear contradiction
of the view that rural people are not
sophisticated and do not know and
believe in the secrecy of their vote.
In the urban areas 46,6 percent
said they will vote for Mugabe and
70,7 percent preferred Tsvangirai, while
58,2 percent and 61,1 percent said
their vote was a secret and they do not
know, respectively.
Of the total sample, most women said they would
prefer Mugabe, while the men
said they would vote for Tsvangirai, with 47,6
percent of the women saying
they would vote for Mugabe while 40,4 percent
would vote forTsvangirai.
About 60 percent of the men would vote for
Tsvangirai against 40,4 percent
for Mugabe.
The MDC leader has the
greatest support among the 25-30 age group where 22,2
percent prefer to vote
for him, while Mugabe has support from people over 51
years of age where 18,6
percent prefer to vote for him.
On whether people believe that Tsvangirai
would make a better President than
Mugabe, a greater number were of the
opinion that he would be better than
Mugabe.
Out of the nine
provinces, 31,3 percent of the respondents said Tsvangirai
would make a
better President than Mugabe, while 15 percent said he would
make a worse
President.
The survey showed that 21,2 percent of the respondents said
Tsvangirai would
perform more or less the same as Mugabe, while 32,5 percent
said they did
not know.
But about 70 percent of the urban respondents
said Tsvangirai would make a
better President than Mugabe, while 31,7 percent
of the rural respondents
agreed.
Of the men interviewed, 58,9 percent
said Tsvangirai would make a better
President than Mugabe, while 41,1 percent
of the women agreed.
Tsvangirai was rated highly by the youths where 40,1
percent of the 18-20
age-group said he would be a better leader, followed by
the 25-30 age group
where 35,4 percent agreed. More than 45 percent of those
over 51 years said
they did not know whether Tsvangirai would be better than
Mugabe.
The report said using statistics from the Central Statistical
Office, the
number of questionnaires per province was based on the respective
population
sizes of the provinces. The same procedure was followed for the
districts
and wards.
“Villages were drawn from a hat. In the urban
areas, questionnaires were
divided between low and high density areas, again
based on population sizes.
Starting points for the administration of the
questionnaires were determined
using street maps with the questionnaires
being limited to five per starting
point,”
the report said.
It said
while it was the intention of the organisation to duplicate the
pattern in
the population in terms of gender ratio, it proved difficult due
to the high
rejection rate among females.
“So, 838 females, which was 49,5 percent,
and 855 males, which was 50,5
percent, were interviewed. Similarly, with
respect to the rural and urban
divide, the actual sample was 684 rural and 1
009 urban. This means that the
urban area was over-sampled.”
“The
220-odd questionnaires seized in Mashonaland Central and Hauna growth
point
were all destined for the rural setting,” said the report.
It said the survey
provides facts and figures on the questions raised.
It said it does not
attempt to offer comprehensive interpretation or give
meaning to these facts,
preferring to leave this to the discerning reader or
decision-maker and
political strategist.
“We see our task as an Institute (at least at this
stage) as being to ask
questions on issues of concern to the public and bring
to the boardrooms of
political strategists and decision-makers the facts and
figures that might
be useful to them as they strategise and make decisions in
the public
interest.
“In doing so, we risk being accused of being risk
averse. Moreover, the
actual sample is urban-biased, a function largely of a
hostile rural
environment. We take this criticism, but we take delight in
having taken the
risk to ask the questions we have asked and for having
published the results
in a sensitive political environment in which some of
our researchers have
been victimised for asking precisely these questions,”
the report concludes.
It said the two candidates have been holding
rallies nationwide and this
could have had some impact on public opinion
since then.
Moreover, there has been some presence and activity by both
domestic and
international observers and the much publicised allegations of
Tsvangirai’s
“plot to kill Mugabe might have had some impact on public
opinion, probably
necessitating another poll”, the report
said.
From ZWNEWS, 20
February
US lawsuit takes another step
forward
The civil law suit brought against President Mugabe and other
senior Zanu PF officials took another step forward this week when Judge Victor
Marrero of the New York Southern District Court declined to reconsider his
judgement, and rejected arguments that the group enjoyed diplomatic immunity.
The civil suit against Mugabe, foreign minister Stan Mudenge, information
minister Jonathan Moyo, other officials of Zanu PF and the ruling party itself,
was brought by Adella Tachiona, Efridah Pfebve, Elliot Pfebve, Evelyn Masaiti
and Maria Stevens on behalf both of themselves and close relatives who had been
the victims of Zanu PF sponsored violence in the runup to the 2000 parliamentary
elections. The suit was brought under the Alien Tort Claims Act - a 211 year-old
US law which permits foreigners to bring claims against other foreigners in the
US courts. The Complaint document was served on the defendants while they were
attending a Zanu PF fund-raising event in New York. The defendants did not enter
a defence to the suit until well into the case when a request was made by the
Zimbabwe government to the US State Department to enter a "suggestion of
immunity" to the court. "Suggestions of immunity" have in the past been
recognised by the US courts as giving definitive diplomatic immunity to
heads-of-state sued in the US.
However, in October 2001, Judge Marrero handed down a
ground-breaking 130 page judgement in which he found that while Mugabe and the
others did enjoy diplomatic immunity as government officials, that immunity did
not extend to their positions as members of a political party. He accordingly
ruled that they had been properly served with the Complaint when they attended
the Zanu PF fund-raising event, because they were on party - rather than
government - business, and that they, and Zanu PF itself, were liable under US
law for damages. The US State Department then entered a submission to the court
asking Judge Marrero to reconsider his judgement. The State Department argument
made clear that it in no way condoned the conduct of the defendants, but that
Judge Marrero’s judgement was not correct in law, and had profound implications
for the conduct of international diplomacy which is governed by the Vienna
Convention.
In this latest ruling, Judge Marrero confirmed his original
judgement, in which he said "…the boundaries of head-of-state immunity are
"uncertain" and "there was no evidence that the international community, such as
it is today, would converge around a consensus defining inviolability as
effectively extending sovereign immunity to the acts of private parties acting
in concert with government officials to commit gross violations of international
human rights." Judge Marrero added that he was troubled by one aspect of the
U.S. government's position: that the government's own interpretation of
international treaties and the weight to be afforded the Executive branch's
interpretation of the law by the Judiciary "equates deference to submission and
would conflate 'great weight' with surrendered judicial independence." He did,
however, recognise that the US government "may have a broader interest . . . in
fashioning a rule of law that does not jeopardize international comity or
foreign relations with other visiting heads of state," and so granted the State
Department leave to appeal.
From ZWNEWS, 20
February
Delaying tactics? - a
speculation
As President Robert Mugabe makes increasingly strenuous
attempts to hang on to power, from effectively blocking European Union observers
to ever more brutal violence, the question of who will "win" the election
becomes ever more deceptive. Here is one possible scenario: Mugabe using his
mastery of delaying tactics if not to win, at least not to lose – and stay in
power. In reality there are two different questions about the outcome of
Zimbabwe’s presidential election: Who will win the vote? Who will win the count?
Or, put another way, who will be declared the winner?
Some cherish hopes that the vote for Movement for Democratic
Change leader Morgan Tsvangirai will be so overwhelming as to make rigging
impossible; that if great piles of ballots for Tsvangirai are seen by what few
observers there are, it will be difficult to juggle with a few thousand spoiled
papers here, "find" some here, lose a few more there, declare others invalid,
etc. However, it is almost unthinkable that even the observers Mugabe has
thought safe enough to admit would ever be allowed to witness such piles of
ballots being sorted, ready for counting. It is also improbable that if the
March 9-10 election is a close call, Registrar General Tobaiwa Mudede will stand
up to announce a conclusive outcome.
A more likely (though by no means certain) scenario is that
Mudede will announce that there are "problem" regions – for example, votes in
this or that constituency have to be "re-verified" or that counting has been
suspended in some areas due to previous violence or other alleged
irregularities. Urban voters, believed to be overwhelmingly pro-MDC, may have to
wait 10 hours to vote, then there’ll be police tear-gassing or baton-charging of
"unruly" queues. Judging from the ruling Zanu PF’s past tactical record, there
could be an announcement on March 12, 13 or 14 of "interim figures" giving
Mugabe a lead. But it would be stressed both for the benefit of observers and
voters that Zimbabweans only have to wait another day or two while someone -
say, a panel of High Court judges - investigates the problems and comes up with
the final figures.
Everyone would be urged to be calm. Mugabe’s officials might
promise fresh balloting in "problem" constituencies as soon as the necessary
papers can be printed and the proper conditions created, with the
Mugabe-acceptable observers returning to ensure absolute fair play. And then: a
few days' delay could become a few weeks. The court hearing scheduled for the
week after next would - unavoidably, of course - have to be re-scheduled due to
some administrative snag. Weeks would become months, all the time with talk of a
new count, new constituency ballots, even an entire new election. Just be
patient. Christmas could come and go before the international community grasped
that the "interim result" declared back in March 2002 was, well, the result. It
has happened only too recently. After the 2000 parliamentary elections, the MDC
believed their petitions against 30 - 35 disputed Zanu PF constituency victories
would be heard and upheld within a few months at the outside, allowing them to
whittle away Mugabe's 62-58 majority of the elected seats and even offset the 30
more he was able to nominate. However, the process was dragged out, and cases
are still being heard.
But, apart from Mugabe's health, the one factor that could
upset all predictions is the growing crisis over food supplies. Mugabe declared
on February 9 "no one will starve" and the Grain Marketing Board said that "in
one week alone" a train had arrived bringing 1 200 tonnes of maize while trucks
were delivering 1 000 tonnes a day to Beitbridge. This totals 35 000 - 40 000
tonnes monthly imports to meet national consumption needs of 150 000 tonnes. A
fortnight ago the GMB was saying if all maize allegedly being hoarded by whites
was confiscated "we may not need to import at all". Only a few thousand tonnes
have been seized, some from church food relief operations. Will rural voters, in
particular, react as they did during the 1992-93 drought, by rallying behind
Zanu PF for the sake of food supplies? Or will the existence of a credible
opposition party make the difference? The MDC predict an explosion of anger that
Mugabe's "war veterans" and youth militia will be unable to contain by
intimidation. Zanu PF say "loyal, disciplined" people will vote for a party they
trust.