Associated Press
Jan 20, 11:15 AM EST
By GILLIAN GOTORA
Associated
Press
HARARE, Zimbabwe (AP) -- Zimbabwe's top lawyer may seek treason
charges
against former opposition politicians named in diplomatic cables
released by
WikiLeaks, a move that drew criticism Thursday from a prominent
legal rights
group.
Attorney-general Johannes Tomana said he has
formed an unnamed five-member
expert panel to assess some 3,000
Zimbabwe-related U.S. cables for breaches
of security laws.
But
Zimbabwe Lawyers for Human Rights chief Irene Petras said Thursday the
constitution and terms of Tomana's official powers don't allow him to call
in outside advisers. She called the investigation "an abuse of
power."
Tomana says the panel cannot be identified for ethical reasons.
He said he
asked panel members to submit their legal opinions by March on
contacts
between U.S. diplomats and Prime Minister Morgan Tsvangirai's party
that
allegedly conspired to oust longtime ruler President Robert
Mugabe.
Petras said Tomana's actions contradicted basic principles of
openness and
transparency in the judicial system.
"The attorney
general is misconstruing his powers and mandate under the
constitution," she
said. "Can't he trust lawyers in his own office?"
Treason carries a
possible death sentence in Zimbabwe. In 2007, Tsvangirai
was acquitted on
charges that he plotted the assassination of Mugabe, after
a lengthy trial
seen as a political ploy against the then opposition leader.
The
WikiLeaks cables have included derogatory remarks about Zimbabwean
political
leaders on both sides of the coalition formed in 2009 after
violence-marred
and disputed elections in 2008.
The cables also referred to Western
funding and diplomatic support for
Tsvangirai's Movement for Democratic
Change party and the need to undermine
Mugabe's ZANU-PF party as well as to
increase pressure on Mugabe's ruling
elite through Western
sanctions.
Mugabe has repeatedly branded as traitors former opposition
leaders who
backed the economic restrictions.
Relations between
Zimbabwe and the West have been strained over a decade of
political and
economic turmoil that have fueled political violence and human
rights
abuses.
Tsvangirai's supporters accuse Tomana, a staunch Mugabe loyalist,
of using
parts of the WikiLeaks cables to discredit former opposition
members ahead
of fresh elections scheduled this year.
Petras on
Thursday said the nation's police force and the attorney general's
office
"remain compromised and partisan in the discharge of their duties" in
favor
of Mugabe's party.
The two arms of the state did not act against
perpetrators of violence in
the 2008 elections, she said.
"Their
failure to prosecute known perpetrators, their malicious persecution
and
prosecution of the innocent and their disregard for the rule of law bear
primary responsibility with continued impunity and human rights violation in
the country," she said.
http://www.radiovop.com
20/01/2011 10:23:00
Harare, January
20, 2011 – Radio VOP has exclusively obtained the names of
the secretive
panel set up by controversial Attorney General Johannes Tomana
to probe
possible violations of the country’s laws by Zimbabweans fingered
in
WikiLeaks.
The panel is composed of Zanu (PF) functionaries namely
Terence Hussein,
Simplicious Chihambakwe, Farai Mutamangira, Gerald Mlotshwa
and Nyaradzo
Priscilla Munangati.
Tomana announced in the state media
recently that he had set up the probe
team but refused to reveal the
identities of the five-member panel
Zimbabweans fear is targeted at charging
Prime Minister Morgan Tsvangirai
with treason after he was widely quoted in
the WikiLeaks dispatches.
Hussein is President Robert Mugabe’s lawyer and
has represented several
government and Zanu (PF) officials, among them
former spin-doctor Jonathan
Moyo. Mutamangira, who is a senior partner in
Munangati and Associates is
the lawyer representing Mines Minister Obert
Mpofu, and the government in
the fight against the international crusade
over Zimbabwe’s Marange
diamonds. Chihambakwe headed the probe into the
1980s political disturbances
in Matabeleland and Midlands disturbances while
Mlotshwa is well-known as
the lawyer Didymus Mutasa, the Zanu (PF) secretary
for administration and
the Minister of State in the President’s
Office.
Observers said on Thursday it was not surprising that they were
no
independent lawyers on the probe team whose set-up was part of the
resolution of the Zanu (PF) congress held in Mutare in December, 2010.
http://www.nation.co.ke/
By KITSEPILE NYATHI, NATION
CorrespondentPosted Thursday, January 20 2011 at
19:46
South African
President Jacob Zuma’s negotiators say they have told Zimbabwe’s
governing
parties to fully implement their power sharing agreement before
organising
fresh elections.
President Zuma’s negotiators have been in Harare since
Monday holding
private meetings with the three governing parties to outline
the Southern
African Development Community (SADC) appointed mediator’s
proposed solution
to Zimbabwe’s long running political crisis.
The
Global Political Agreement (GPA) that led to the formation of a unity
government between President Robert Mugabe’s Zanu PF and the two years ago
opposition Movement for Democratic Change (MDC) factions two years ago
commits the parties to draft a new constitution for the country.
A
number of media, security and electoral reforms are also proposed in the
agreement whose implementation has been stalled by President Mugabe’s
insistence that he would not compromise until sanctions imposed on his inner
circle by Western countries are removed. Ms Lindiwe Zulu, an international
advisor to President Zuma who is part of the mediation team said the roadmap
for fresh elections, which they had presented to the parties, was anchored
on the GPA that was signed in 2008.
“The issues around the
implementation of the GPA have to be taken seriously
because they are
critical in creating a conducive environment for
elections,” Ms Zulu told
journalists.
“In fact the roadmap for Zimbabwe’s elections will be based
on the SADC
principles and guidelines governing democratic elections, the
GPA and other
local factors.
Last year, President Mugabe was
threatening to hold early elections with or
without the new constitution
saying he was no longer happy in the inclusive
government.
Zimbabwe
expects to hold a referendum on the new constitution in September.
The
parliamentary committee leading the drafting of the constitution met
President Zuma’s team on Wednesday and asked for help to raise about US$20
million needed to complete the process.
http://www.voanews.com
Sources
in Pretoria and Harare said South African President Jacob Zuma is
calling
for broad reforms to be instituted in advance of elections expected
this
year, including the adoption of a new constitution
Blessing Zulu |
Washington 19 January 2011
The three parties in Zimbabwe's national
unity government have presented
draft elections road maps to envoys of South
African President Jacob Zuma,
since 2009 mediator in Harare on behalf of the
Southern African Development
Community.
Sources in Pretoria and
Harare said Mr. Zuma is calling for broad reforms to
be instituted in
advance of elections expected this year, including the
adoption of a new
constitution, electoral, media and security law reforms
and a clear road map
to the ballot.
Mr. Zuma has also urged the fractious governing partners
that issues related
to the 2008 Global Political Agreement for power sharing
be resolved.
ZANU-PF hardliners want an early election, potentially putting
them on a
collision path with SADC and Pretoria.
Mr. Zuma’s team is
expected to come up with its own elections road map,
which is likely to be
presented to the SADC troika or committee on defense,
politics and security
following an African Union summit coming up in Addis
Ababa at the end of
this month.
Political analyst Trevor Maisiri said the establishment of a
collectively
agreed elections road map would be a step in the right
direction for
Zimbabwe.
http://www.dailynews.co.zw/
By Reagan Mashavave
Thursday, 20 January 2011
16:32
HARARE - Zimbabwe’s human rights lawyers have called on
government to
implement key reforms to set a comprehensive and decisive
roadmap to free
and fair elections.
Addressing a press conference
in Harare Thursday, board members of the
Zimbabwe Lawyers for Human Rights
blamed the Southern African Development
Community (Sadc) as mediators in the
current political talks for failing to
push the parties to the Global
Political Agreement (GPA) to fully implement
the pact.
The lawyers
said SADC should bear responsibility for the failure of the
unity agreement.
SADC guaranteed the GPA which formed the unity government
of President
Robert Mugabe, Prime Minister Morgan Tsvangirai and Deputy
Prime Minister
Arthur Mutambara.
Zimbabwe is still battling to implement key reforms in
the security, media
and electoral sectors. Draconian laws like the Access
to Information and
Privacy Act (AIPPA) and Public Order and Security Act
remain in place, the
ZLHR said.
“We feel that Sadc has failed to rein
in the interim government on the
various breaches and non-performance of the
provisions of the GPA. It has
failed to focus on core issues around reforms
and democratisation,” Sarudzai
Njerere, ZLHR vice chairperson
said.
“In our view they (Sadc) will bear the ultimate responsibility for
any
failure by the parties and the interim government to adhere to the
provisions and undertakings of the GPA.”
The ZLHR said the regional
body, through its facilitator President Jacob
Zuma of South Africa, had
failed in its mediation efforts to implement
countless resolutions and
recommendations when time lines to implement
reforms were breached. They
urged the regional block to act strongly on the
parties that breach the
GPA.
“Now that Sadc is taking responsibility for producing a roadmap to
elections, there is need for stronger action and repercussions for
non-compliance with benchmarks set for an election, implementation of all
provisions of the GPA and resolution of other outstanding issues,” the ZLHR
said.
The ZLHR said the current constitution making process failed
the ‘test of
constitutionalism’ as the process was flawed and marred with
violence and
intimidation while the national healing programme has failed to
have ‘any
impact or effect.’
Reforms in state institutions are yet to
be made as some government
departments have remained partisan in their
discharge of duties, the lawyers
complained.
“The Zimbabwe National
Army remains loyal to one political party, rather
than the state, in
contravention of its mandate and obligations,” ZLHR said.
“The Zimbabwe
Republic Police and the Office of the Attorney General, more
particularly
the Director of the Public Prosecution remain compromised and
partisan in
the discharge of their duties.”
ZLHR called on SADC to engage ‘senior
military structures in SADC and the
African Union to establish a firm
agreement on the military role (or non
role) in electoral
processes.’
The lawyers said laws should be enacted to make the Human
Rights Commission
functional. They said the Zimbabwe Electoral Commission
must carry out a
stakeholder’s consultation to ensure necessary electoral
reforms.
ZLHR director, Irene Petras said her organisation would lobby at
the
upcoming African Union summit for the continental body to find a
solution on
Zimbabwe to prevent problems engulfing countries such as Ivory
Coast and
Tunisia.
“If we look at regional and continental problems
which have happened in the
course of the last four months, we can see that
when problems are ignored,
they won’t go away, they will come back in a form
which will require even
stronger intervention,” Petras said.
“We
can’t allow our country to go to a stage where other countries have
gone.”
http://www.newzimbabwe.com/
20/01/2011 00:00:00
by Staff
Reporter
NEARLY a third of Zimbabwean registered voters on the voters’
roll that was
used in the 2008 elections were dead, an observation report
that was
released in Harare today by the Zimbabwe Election Support Network
(ZESN)
says.
ZESN, a civic organisation that seeks to promote
democratic elections in
Zimbabwe, in 2010 embarked on a Voters’ Roll Audit
(VRA) to assess the
quality of the voters’ roll.
In its report, it
noted that the list-to-people test showed that 27 percent
of the voters in
the voters’ roll were deceased, a figure which translate to
a third of the
registered voters.
“The computer test revealed that 2,344 people born
between 1901 and 1909,
therefore aged between 101 and 110 years were on the
voters’ roll. Nine
people born between 1890 and 1900, aged between 111 and
120 years are
registered voters,” the report says.
The ZESN report
notes that 41 percent of the registered voters are no longer
residing at the
addresses in the voters’ roll.
“In related evidence, Masvingo Urban MP,
Tongai Matutu, shocked Parliament
when he produced evidence that the voters’
roll used in the 2008 national
elections had names of hundreds of dead
people and infants who had been
registered to vote,” the report
says.
A total of 503 dead people appeared in the voters’ roll.
Startlingly, all
the 503 dead people had a similar death of birth – 1
January 1901.
The same voters’ roll had 144,202 people aged 90 years and
above and 115
voters below the age of 18 years -- the legal voting age. The
youngest was
just a year old.
Matutu said the anomalies showed “the
extent to which the voters’ roll
represents the graveyard”.
In its
recommendations, ZESN said the Zimbabwe Electoral Commission (ZEC)
should
draw up a new voters’ roll which will go a long way in improving the
currency, and completeness of the voters’ roll.
It says the process
should be transparent and inclusive to ensure that all
eligible people are
registered. ZESN said voter education should include
information on how
relatives can help the Registrar with objections and
deletions of their
deceased relatives from the voters’ roll.
There have been failures and successes [by the unity government], but the fact that our people are able to eat, there are [functioning] hospitals, there is clean water, things that outsiders take for granted, is an achievement |
[This report does not necessarily reflect the views of the United Nations]
http://www.radiovop.com
20/01/2011
10:27:00
Harare, January, 2011 - CIVIL servants are seething with
anger after
government awarded university and tertiary lecturers a whopping
130 percent
salary increment.
The highest-paid university or college
lecturer now earns a basic salary of
US$1 880, up from US$800 last year, a
development which has incensed
representatives of civil servants who are
threatening industrial action
unless the government awards them similar
increments during Thursday
negotiations. The rest of civil servants earn an
average of US$150 a month
against a poverty datum line currently estimated
at US$503.
Negotiators from the government and the civil servants, known
as the joint
national negotiating council, is due to meet on Thursday to
discuss new
salaries for civil servants, the bulk of which this month got
increments
ranging between US$6 and US$8, including unformed
forces.
Raymond Majongwe, the secretary General of the Progressive
Teachers Union of
Zimbabwe (PUTZ), said the teachers' pressure grouped
demanded that the
government pay civil servants salaries similar to those
awarded to
university lecturers.
“If that is what lecturers were
awarded, it means they have the money so
that is what we will also get,”
said Majongwe. “It is upsetting when the
government buys cars for Member of
Parliament when they can’t do it for
civil servants. The government should
not be selective,” he added.
Manuel Nyawo, the chief executive of the
Teachers Union of Zimbabwe, said
the government should brace for a showdown
and a possible crippling
industrial action if Thursday negotiations broke
down.
“We are all service providers and therefore should be treated in
the same
way, we do not expect anything different to that which has been
given to
lecturers because we will react in a manner which they will not
like,” Nyawo
said.
http://www.voanews.com
Health
Minister Henry Madzorera said funding woes are hampering efforts to
employ
all the nurses coming out of the country's training institutions, so
he has
proposed to meet international demand for qualified medical staff
Sandra
Nyaira | Washington 19 January 2011
Zimbabwean Health Minister Henry
Madzorera says government will encourage
qualified but unemployed nurses to
seek opportunities abroad as Harare for
the time being cannot afford to
employ them all in the nation's health care
system.
The
state-controlled Herald newspaper quoted Dr. Madzorera as saying tight
budgets are hampering efforts to employ all the nurses coming out of
training institutions.
“We might find ourselves with more nurses than
we need, making some of those
who we train redundant, (which) makes it
imperative to enter into a sort of
agreement with some of our neighbours who
need their services,” he said. “We
are thinking about
it.”
Madzorerera said nurses interested in working abroad would be given
special
training to qualify for service in the markets where they are likely
to find
jobs.
He said countries including the Philippines have
adopted this strategy,
targeting the US and UK marekts. Remittances sent by
nurses abroad benefit
the home
The health minister's proposal drew
immediate fire. Dr. Douglas Gwatidzo,
chairman of the Zimbabwe Association
of Doctors for Human Rights, told VOA
that it is wrong for the government to
export nurses when the health care
situation at home is still
dire.
Madzorera could not be reached for comment on the plan.
http://www.voanews.com
Fly Kumba directors Patrick Chapwanya and Lloyd Muchaka could
not be reached
for comment and staff in the airline's offices in Harare and
Johannesburg
were not picking up the phone
Gibbs Dube | Washington
19 January 2011
Low-cost Zimbabwean airline Fly Kumba has been grounded
due to what
observers say are serious financial problems and skewed
marketing
strategies. But the airline’s management did not immediately state
reasons
for the suspension of its operations.
Airline directors
Patrick Chapwanya and Lloyd Muchaka could not be reached
for comment and
Kumba offices in Harare and Johannesburg were not picking up
phones.
The airline rolled out last year with fares less than half
those of Air
Zimbabwe on regional and domestic routes. More than 30 workers
are said to
have lost their jobs.
Bulawayo resident Rebecca Spencer
said her son had to switch flights to
Johannesburg this week after being
informed Fly Kumba was grounded.
“I have been trying in vain to get a
refund as the airline management has
not yet made indications on how they
will do it,” Spencer said.
Economist Eric Bloch said it is not surprising
that Fly Kumba has suspended
operations as many airlines currently are
facing serious financial problems.
http://www.dailynews.co.zw/
By Gugulethu Nyazema and Stanley
Gama
Thursday, 20 January 2011 17:11
HARARE - Zimbabwe’s elected
councillors have formed an association which
seeks to challenge the
political meddling in local authorities by the Local
Government Rural and
Urban Development minister Ignatius Chombo.
The organisation named
Elected Councillors Association of Zimbabwe (ECAZ)
will also push for the
repeal of the Urban Councils Act and the Rural
Councils Act which the
councillors say are being used by Chombo to fight
elected councillors
throughout the country.
Since last year, Chombo has expelled 11
councillors and suspended two. The
councillors accuse Chombo of fighting to
reduce the number of elected
Movement for Democratic Change (MDC)
councillors in local authorities and
also of frustrating corruption probes
against him.
ECAZ president Warship Dumba, who himself was suspended by
Chombo after
leading an investigation into the minister’s alleged improper
acquisition of
land, said they had formed the association to fight for the
rights of
elected councillors.
“I am confident that by this
courageous resolve to form our association –
cutting across urban and rural
district councils on the one hand and on the
other across partisan
affiliations – local government in Zimbabwe will never
be the same again,"
he said.
“A mandate given by the people directly through a vote cannot be
taken
lightly. We would be failing our people and undermining the basis of
democracy. By this, we do not belittle the service of unelected councillors
but the burden of responsibility and accountability to the electorate cannot
be compared."
“Many times in the past we have been abused on the
justification of our
alleged misbehavior, therefore, it is important that we
do not give
ammunition to those who want to trample on the rights of
councillors,” said
Dumba.
Meanwhile, Chombo on Thursday attacked
local authorities for the failure to
submit budgets on time, a development
which he said was derailing service
delivery.
Speaking at a press
conference Chombo appeared to blame councillors for
concentrating on
political fights instead of service delivery.
“It is evident that the
leadership and management of councils no longer
plays its key role of
setting targets and supervising employees,” he said.
“Despite several
training programmes for councillors, the capacity to run
and manage councils
is still a serious challenge and in a number of cases
the leadership is
taken advantage of by employees of council,” said the
minister.
Chombo said in terms of Sections 288 of the Urban Councils
Act Chapter 29:15
and Section 121 of the Rural District Council Act Chapter
29:13, local
authorities should have submitted budgets by 30 November
2010.
He said two out of a total of 32 had submitted.
“Only
Chegutu municipality and Gokwe Town Council met the deadline. The
results of
the exercise are quite disappointing as the bulk of local
authorities are
still way behind with the budget process,” said Chombo.
http://www.voanews.com
Triangle
Sugar Ltd. is owned by Tongaat Hulett of South Africa, which also
holds a
controlling stake in the Hippo Valley Estate
Patience Rusere |
Washington 19 January 2011
Leaders of Zimbabwe's long-ruling ZANU-PF
party have started registering
local members for the allocation of sugar
cane fields in the Triangle and
Hippo Valley estates.
Correspondent
Irwin Chifera reported on the apparent preparations for a
takeover of the
agricultural assets in the country's southeast under the
Indigenization
Act.
Triangle Sugar Ltd. is owned by Tongaat Hulett of South Africa,
which also
holds a controlling stake in the Hippo Valley
Estate.
Business Forum Secretary Roy Magosvongwe said the move to take
over the
properties would be economically damaging given the importance of
the sugar
plantations.
Magosvongwe told reporter Patience Rusere he
sees an emerging threat to
businesses and hoped the pattern would not repeat
that of the farm invasions
that began in 2000.
http://www.swradioafrica.com
By Alex Bell
20 January
2011
The diamond trade watchdog, the Kimberley Process (KP) is facing
scrutiny
over a newly amended deal, which will allow exports from Zimbabwe’s
controversial Chiadzwa diamond fields.
KP members this week voted in
favour of an amendment to an agreement that
was proposed last November in
Jerusalem, an agreement that was turned down
by the Zimbabwean authorities.
Zimbabwe was suspended from exporting its
diamonds in 2009 because of rights
abuses at the Chiadzwa diamond fields,
including violence and smuggling. The
country’s Mines Ministry insists that
such abuses have stopped, and have
threatened to sell the diamonds without
KP approval.
This amended
agreement is already being critically viewed as a last ditch
attempt by
outgoing KP chairman Boaz Hirsch to reach a consensus on
certifying Chiadzwa
stones. Chairmanship of the KP now hands over to the
Democratic Republic of
Congo (DRC), a known ally of the Robert Mugabe
regime. Critics are concerned
that this new agreement, to be enforced in the
future by the DRC, doesn’t
make the issue of human rights a priority.
Of particular concern is the
amendment to a ‘violence clause’ that will make
it harder for those who
allege human rights abuses at Chiadzwa to seek a
formal investigation by the
KP. Under the amendment, it will now take three,
rather than two member
countries to endorse a call for monitoring by the KP.
At the same time,
business critics say that this ‘loosening’ of the
agreement might be
prompted by the declining health of the global diamond
industry, which has
reportedly suffered a blow by the ban on Chiadzwa
diamonds. A large
percentage of the world’s rough diamonds are mined in the
alluvial field and
its understood that their absence in the market has had a
significant effect
on business.
The KP is now waiting on Zimbabwe to approve this deal,
which is likely as
the Mines Ministry has indicated that it is already in
the process of
organising fresh diamond auctions.
http://www.radiovop.com
20/01/2011
17:23:00
Gwanda, January 20, 2011 – A South African national Bonnel
Robert Alan (38)
who was arrested over the weekend for calling President
Robert Mugabe an
idiot will languish in remand prison after he was remanded
in custody to
February 02.
The state argued it needed to seek consent
from the Attorney General to
proceed with the trial.
Alan is being
represented by Simelizwe Mguni of R. Ndlovu and Company.
Allegations
against him are that last Saturday night at Gwanda District Club
in the
presence of state security agents, he called President Robert Mugabe
an
idiot who was responsible for the country’s woes.
Alan is being charged
with undermining the authority or insulting the
President and for
overstaying. He was supposed to have returned to South
Africa on Christmas
Eve.
Under Zimbabwe’s draconian laws it is an offence to undermine or
insult the
person of the President.
http://www.swradioafrica.com
By Lance Guma
20 January
2011
The president of the revived Zimbabwe African People’s Party (ZAPU)
Dumiso
Dabengwa has said the kidnapping and later disappearance of MDC
polling
agent Patrick Nabanyama in June 2000 still worries him to this
day.
In a wide ranging interview on SW Radio Africa’s Question Time,
Dabengwa
said ‘much as I want to find a solution to the disappearance of
Nabanyama,
it happened in actual fact when I was Minister of Home Affairs
and I think I
did everything possible to find out what actually happened. I
was not able;
the police were not able to come up with any
solution.’
Nabanyama was an election agent for current Education Minister
Senator David
Coltart and was abducted from his home. Stanley Ncube, Ephraim
Moyo, Julius
Sibanda and Simon Rwodzi were initially charged with
kidnapping. The four
allegedly took him to the home of war veteran Cain
Nkala and he was never
seen again. Nkala was later murdered amid reports he
wanted to come clean on
the case.
‘I think those that are responsible
were smart enough to ensure that they
did not have leave any marks because
they could not be traced,’ Dabengwa
said. Because Nabanyama’s body has still
not been found, it was also not
possible to charge the four with murder. In
their defence the four accused
said they only took Nabanyama to the home of
Cain Nkala and what happened to
him after that they did not
know.
Last year Senator Coltart told the Newsday newspaper that “the
problem that
we face in this case is that the accused persons were never
charged with
kidnapping as that offence was covered by the amnesty
pronounced by
President Robert Mugabe in 2001. Despite the fact that the
kidnapping case
was rock solid, they evaded prosecution because of the
amnesty, which as far
as I know is still in place.”
On Thursday
Dabengwa told us he met one of the people accused of murdering
Nabanyama and
they repeated the same position that they didn’t know what
happened to him
after they handed him to Nkala. Asked if the state had a
hand in the murders
and this being the reason why no one has been pursued
seriously Dabengwa
said “it’s possible and one would be led to conclude that
way.”
Because Nabanyama’s body has not been found for more than 7
years a Bulawayo
provincial magistrate last year in October declared him
dead. His widow
Patricia is still fighting to have the abductors charged
with murder.
Although the Attorney General Johannes Tomana has declined to
prosecute he
is still refusing to issue a certificate that will allow
lawyers to carry
out a private prosecution.
Don’t miss the full
interview with Dumiso Dabengwa to be broadcast Wednesday
26/01/11 on
Question Time. Lance questions him on working with Mugabe,
seized ZAPU
properties, any possible alliances with Tsvangirai, targeted
sanctions, land
redistribution, war vets leader Jabulani Sibanda and his
campaign of terror,
his remarks in 2000 that the MDC would win an election
even if they fielded
a donkey as a candidate and many other questions from
listeners.
http://www.afriquejet.com/
Harare, Zimbabwe - Zimbabwe Wednesday put its emergency
services on alert to
evacuate people threatened by flooding in low-lying
areas in the north of
the country that have been pounded by incessant rains
in recent weeks. The
Meteorological Services Department said several areas
in the north, on the
border with Zambia and Mozambique, faced flooding,
prompting the country's
Civil Protection Unit to be put on high
alert.
'There has been a lot of rainfall although it has not yet
translated into an
emergency. However, the ground is already wet and any
rainfall in excess
will simply flow into the rivers resulting in flooding,'
Madzudzo Pawadyira,
director of the Civil Protection Unit, said.
He
said the unit had already deployed staff and facilities such as tents for
possible evacuation in the north of the country facing the flooding
threat.
The threat has been worsened by the opening of the gates to the
huge Kariba
dam on the Zambezi river. The gates have been opened to release
excess water
and protect the walls from collapsing.
Incessant rains
have been pounding Zimbabwe since the beginning of the
month, with some
areas receiving rains more than 100 percent above normal.
But there are
so far no reports of people drowning or crops being damaged.
Pana
19/01/2011
http://www.swradioafrica.com/
By Tererai
Karimakwenda
20 January, 2011
Workers at the Mashaba Housing Project
(MHP) in Gweru have reportedly been
warned that they will lose their jobs if
they do not support ZANU PF.
According to the Bulawayo Agenda civic group,
employees at MHP were told by
management that the company is for ZANU PF
supporters only. And anyone with
alternative views will have to seek
employment elsewhere.
A statement released on Thursday by Bulawayo Agenda
said: “This situation
clearly shows that the ZANU PF empowerment policy will
bring more harm than
good especially to people who do not support the
revolutionary party. It has
been made clear that the policy is
political.”
The group was referring to the Indigenisation Act that was
initiated by ZANU
PF, which requires all foreign owned companies to give up
51% of their
shares to locals or risk a government takeover.
The policy
was criticised by observers as ‘looting’ and a strategy by ZANU
PF to take
over the business sector and enrich party chefs and their close
allies.
“Many people have raised questions on the policy saying it is a
political
gimmick meant to lure votes to the struggling former ruling party
which was
knocked off the pedestal in 2008,” said Bulawayo Agenda.
Reports of
political blackmail and intimidation by ZANU PF have intensified
around the
country, especially regarding the distribution of farm inputs and
equipment.
A report from the Zimbabwe Human Rights Forum this week said
one of their
Board Members was denied access to a donation of fertilizer
distributed on
behalf of Robert Mugabe in the Mvuma area. “She was
apparently told that her
association with ZimRights meant that she was 'not
patriotic' and thus
undeserving,” said the report.
Villagers made
poor by ZANU PF’s chaotic farm seizures are now being forced
to buy the
party’s membership cards and attend rallies, in order to receive
basic
supplies that all Zimbabweans are entitled to.
Political commentator
Lameck Mahachi said politics has no business in
private firms and ZANU PF
wants to be involved in everything. “Everything is
being Zanu-nized. And
foreign companies will be too concerned to invest in
Zimbabwe” said Mahachi.
http://www.swradioafrica.com
By Alex Bell
20 January
2011
A pregnant Zimbabwean woman, who is one of more than 200 thousand
Zim
nationals who have tried to regularise their stay in South Africa, was
this
week threatened with deportation by local hospital staff in Cape
Town.
The woman was seeking treatment at a hospital in Mitchell’s Plain,
but was
told that she needed a letter from the Department of Home Affairs to
prove
that she has applied for a work permit. She was told that without this
letter, the hospital authorities would call the police and she would be
deported. When she tried to show authorities the receipt she received to
prove she had applied for a permit, the hospital authorities told her the
receipt was worth nothing.
Such receipts are for the majority of
applicants the only proof they have
that they applied for work or study
permits, while South Africa adjudicates
the estimated 270 thousand
applications. The authorities have since extended
its moratorium on
deportations until this process is completed, setting June
2011 as its
target.
But there are concerns that this message is being ignored, amid
reports that
amid reports that some Zimbabweans have already been ‘fleeced’
for bribes.
The practice by corrupt police officers has been to arrest Zim
nationals and
threaten them with deportation, and then ask for
bribes.
Refugee rights group PASSOP has now asked the Health Department
to inform
all staff at clinics and hospitals about the government’s plan to
document
the Zim nationals.
PASSOP’s Braam Hanekom said the practice
would place all foreign nationals
at risk. “People will not seek treatment
of possibly infectious illnesses
because they could face deportation,” he
said.
PASSOP has laid an official complaint with the Health Department
last night,
asking that all clinics and hospitals be informed of the special
dispensation campaign to avoid any future misunderstandings.
20 January 2011
Press Statement
ZLHR’S
POSITION ON KEY POLITICAL PROCESSES AND IMPERATIVES
At
the start of a New Year, in light of the current visit of South African
President Jacob Zuma’s facilitation team to Zimbabwe, and imminent discussions
on Zimbabwe at SADC and African Union (AU) level at the approaching AU Summit,
Zimbabwe Lawyers for Human Rights (ZLHR) has felt it timely to comment on
political processes and imperatives in our country.
Generally on the Global Political Agreement (GPA) and the Inclusive
Government (IG):
ZLHR reiterates that the GPA and the IG it created have contributed
to the unacceptable continental trend of compromise and subversion of the will
of the people. This route has de-legitimised elections in Zimbabwe by imposing
political leaders on the electorate and denying them their right to freely
choose their preferred representatives. The GPA has been used, not as a tool to
facilitate an environment and institutions that will ensure a genuine, free and
fair election in line with the SADC
Principles and Guidelines for Democratic Elections and the AU Declaration on Principles Governing
Democratic Elections, but rather to stall the urgent imperative for an
election in which the free will of the people is expressed and
respected.
On the Article VI constitution-making
process:
The architects of the constitution-making process have unduly
politicised the exercise and have failed to ensure adequate representation of
Zimbabweans in processes undertaken thus far. The IG has flouted its own
timelines. It has politicised committees, outreach teams and the input of data.
The operating environment during the outreach exercise was not conducive to free
participation due to intimidation, violence, partisan state institutions, and
the selective use and abuse of repressive laws inhibiting free expression,
association and assembly. In terms of process, therefore, the Article VI
constitution-making exercise has been fundamentally flawed and compromised, and
has failed the test of constitutionalism.
On the process of national healing:
The process of national healing is elusive and the Organ has been
neither victim-centred, nor victim-owned. It has failed to have any impact or
effect and will not be able to deliver as long as there are two centres of power
- one which wishes to bury the past’s excesses, and another which wishes to
bring them into the open and address them in a meaningful manner.
On various state institutions and their
reform
State institutions do not belong to any political party and must be
impartial in discharging their duty as they have a critical role in ensuring a
conducive environment for, and outcome of, any free and fair election. Their
partiality played a defining role in the failed 2008 elections.
The Zimbabwe National Army (ZNA) remains loyal to one political
party, rather than the state, in contravention of its constitutional mandate and
obligations. There is no question that the armed forces must maintain peace and
security in a sovereign country. However they must not prey on the fears of
civilians, and involve themselves in the activities and campaigns of one
political party and dress it up as “national security”.
The Zimbabwe Republic Police (ZRP) and the Office of the Attorney
General (AG) – more particularly the Director of Public Prosecutions (DPP) -
remain compromised and partisan in the discharge of their duties. Cases brought
to their attention from the 2008 election period have not been taken up; neither
have there been prosecutions of subsequent perpetrators of political violence.
Both institutions, through their selective targeting and use of repressive laws
against legitimate political activists and human rights defenders; their failure
to prosecute known perpetrators; their malicious persecution and prosecution of
the innocent; and their disregard for the rule of law, bear primary
responsibility for the continued impunity and human rights violations in the
country. The latest example of the DPP’s renegade action is the unconstitutional
usurping by a clique of individuals in the AG’s office (whose loyalties are well
known), of the powers of prosecutors and law officers to exercise their
constitutionally-mandated prosecutorial discretion in matters of bail.
On the legislative reform agenda:
Despite GPA provisions which oblige political parties to prioritise
legislative reform, progress in this area has been minimal. The legislative
agenda for the last session of Parliament was almost entirely unattained. The
executive - through the Cabinet Committee on Legislation - has continued to
block all efforts at reform, effectively ensuring that Parliament remains a lame
duck in efforts to improve its record on legislative reform. It is only through
the introduction of a Private Member’s Bill that tentative steps have been taken
to facilitate the amendment of the Public Order and Security Act (POSA) in
Parliament. However, this incremental and piecemeal approach is not likely to
result in greater freedoms as long as POSA is not repealed and other security
and media laws are not significantly amended. There has been no progress on
reform of laws that directly or indirectly facilitate free and fair elections.
Although the government has started to look into amending the Electoral Act,
there has been no urgency on their part, and the process remains piecemeal and
secretive.
On the state-controlled media:
The
reform of the broadcasting sector has been entirely ignored by the IG. The
public broadcaster remains entirely controlled by one political party. It has
not been transformed into a public service broadcaster and has been utilised
almost exclusively by ZANU PF to broadcast its propaganda and views, as well as
to attack and discredit its political foes. Print media has likewise suffered
under continued abuse of AIPPA. Without significant and immediate reforms, AIPPA and the broadcaster
will remain a critical impediment to elections.
On the constitutional commissions:
The Zimbabwe Human Rights Commission has gone for over a year without
enabling legislation. It cannot monitor the occurrence of human rights
violations or intervene to ensure respect for the rule of law through offering
remedies to victims and sending a clear message to perpetrators that impunity
will not be condoned. The silence of the commissioners in this regard is
worrying. The Zimbabwe Electoral Commission has had limited visibility, has not
interacted well with stakeholders, and has made no visible efforts to commence
the implementation of necessary changes in relation to the management of
elections.
On SADC and the AU and their role as
guarantors:
Excluding the political party principals, SADC and the AU, as the
guarantors of the GPA, bear the ultimate responsibility for any failure of the
parties in the IG to adhere to the provisions and undertakings of the GPA.
SADC has failed to rein in the IG on breaches and non-performance of
provisions of the GPA. It has failed to focus on core issues around reforms and
democratisation, overly concentrating on outstanding power-sharing issues, and
even then it has not been effective. Countless resolutions and recommendations
have been made and time-lines for action set at various meetings of both the
SADC Troika on Politics, Defence and Security Cooperation, and the SADC Heads of
State and Government. However, the principals have failed to comply with, and/or
implement, these resolutions and recommendations, as well as their
undertakings.
By failing to take strong action to prevent or punish breaches, SADC
has encouraged - whether actively or by its own inaction - impunity and
continued non-compliance with its own deadlines and benchmarks. This calls into
question SADC’s political will. The regional body has also allowed the IG to
unacceptably stall in taking urgent and meaningful action to implement reforms
critical for a fresh election, which is the main purpose of the
GPA.
The AU has played almost no role although it is a co-guarantor, and
must take more initiative and responsibility in ensuring adherence by the IG to
the provisions of the GPA. In line with this view, ZLHR has sent a delegation to
the imminent AU Summit and sideline meetings to engage various organs and
stakeholders, deliver our contribution to the roadmap to elections, and
highlight priority areas in which the AU must maintain greater oversight and
action for the next 6 months.
Now that SADC is taking responsibility for producing a roadmap to
elections there is need for stronger action and repercussions for non-compliance
with benchmarks set for an election, implementation of all (not selective)
provisions of the GPA, and resolution of other outstanding issues. It is
necessary for SADC and the AU to have regard to the will of the people, rather
than the politicians, in Zimbabwe if they are to play a critical role and be
taken seriously. Failure to do so will be seen as culpability for another failed
election in Zimbabwe and the ensuing regional instability, lack of peace and
regional development and integration.
On the way forward:
In light of the failure of the GPA and the IG to deliver, ZLHR
believes that there is now need to move towards the urgent finalisation and
implementation of a comprehensive and decisive roadmap to fresh elections which
are genuine, free and fair. ZLHR notes that the three political parties bear
primary responsibility for the recommended action. They owe it to Zimbabwe to
put the people of our beloved country first and to remember that they are
servants of the people. The role and responsibility of SADC and the AU in
ensuring a conducive environment for free and fair elections in Zimbabwe in the
shortest time possible cannot be underestimated. There must be political will
manifested through clear time-lines, and repercussions for non-compliance.
Once the conducive environment is established, the election must take
place - irrespective of whether or not a new constitution has been put in place.
In any event, the process leading to the crafting of this elusive constitution
is fundamentally compromised and flawed. Even if a new constitution emerges
before an election, it can only be a transitional document, and the struggle for
a people-owned constitution must continue under a new government with one centre
of power.
Short-term benchmarks to test political will and readiness for
elections:
ZLHR has outlined in its Position Paper comprehensive benchmarks and
minimum requirements anchored in the SADC Principles and AU Declaration on
Democratic Elections. Some must be implemented by the IG, whilst others will
require regional commitment and cooperation. However, the following must be
completed before the end of June 2011 as evidence of political will on the part
of the IG, SADC and the AU:
Ø Enactment of amendments to the Attorney General’s Office Act to establish
and resource an independent National Prosecuting Authority (NPA) which is
separate from the AG, followed by a vigorous public selection process to appoint
a Director of the NPA who is not compromised and will carry out their
professional mandate without fear, favour or political allegiance against all
perpetrators regardless of political affiliation.
Ø Investigation and fast-track prosecution of known perpetrators of
electoral-related violence in the courts of Zimbabwe which are regularly
publicised.
Ø Issuance of a directive to the ZRP structures down to local level by the
Commissioner-General of Police (which is made public) to accept and investigate
all complaints of criminal acts, regardless of political affiliation (real or
perceived) of the complainant. This must be in addition to a system of reporting
by the ZRP which will be published on a monthly basis in order to restore public
confidence in the criminal justice system.
Ø Measures must be taken to urgently resource the courts – particularly the
Magistrates’ Courts – and put in place a security plan for judicial officers and
prosecutors to ensure their protection during elections and thus their
independence and effectiveness.
Ø Enactment of legislation to operationalise the Human Rights Commission,
together with immediate human and financial resourcing. The Commission must have
a protective mandate empowering it to independently and effectively investigate
violations and act to prevent, minimize or resolve conflict, particularly during
elections. It must be entirely independent of the executive and must publicly
and regularly report to Parliament.
Ø Immediate repeal of AIPPA and enactment of reforms to broadcasting
legislation, followed by a public application process to a re-constituted
Independent Broadcasting Authority which will result in the licensing of private
and community radio stations. Such stations should be broadcasting before the
end of April 2011 and should not be subject to persecution and
interference.
Ø Immediate revival of an independent Mass Media Trust and publication of
its operational plan to return the ZBC to its public service mandate and ensure
against partisanship and hate speech. This plan should begin to be implemented
before the end of March 2011.
Ø ZEC must produce and publish an audit of its structures, personnel and
operations. It must undertake public consultations with stakeholders on
necessary electoral reforms and also publish its plan on cleaning the voters’
roll to ensure its public acceptability.
Ø The legislative agenda for the next session of Parliament must be
realistic, time-bound, and prioritise reforms of all laws impacting on
elections. Urgent public consultations must be held with stakeholders. This, in
addition to an audit of laws impacting on elections, must be used as the basis
of this legislative agenda and the enactment of such laws and amendments must be
completed within the time-frame.
Ø Immediate engagement of the security sector by senior military structures
in SADC and AU to establish a firm agreement on military role (or non-role) in
electoral processes.
As the SADC-mandated facilitator, South African President Jacob Zuma,
consults around the development of a comprehensive “roadmap” to elections, the
views of the civil society and other stakeholders apart from the three main
political parties must be heard and must be taken into account. After all, the
impact and effects of a contested, illegitimate and violent election and its
aftermath are felt by the generality of the Zimbabwean public, and they have a
right to input in efforts to prevent or minimise such
occurrences.
ENDS
Kumbirai Mafunda
Communications
Officer
6th
100 Nelson Mandela Av
Tel
Email
“We Need
Generational Change”
BILL WATCH
1/2011
[20th January
2011]
The Senate has adjourned until the 8th
February
The House of Assembly has adjourned until the 15th
February
List of
Acts passed in 2010
There were
only six Acts passed in 2010 – the smallest annual legislative output in
Zimbabwe’s history. The six Acts were:
Reserve
Bank of Zimbabwe Amendment Act, 2010 (No. 1 of 2010)
Gazetted
and into force 31st March 2010
Appropriation (2010) Amendment Act, 2010 (No. 2 of
2010)
Gazetted
and into force 17th August 2010
Finance
Act, 2010 (No. 3 of 2010)
Gazetted
and into force 17th August 2010
Appropriation (2011) Act, 2010 (No. 4 of 2010)
Gazetted
and into force 31st December 2010
Finance
(No. 2) Act, 2010 (No. 5 of 2010)
Gazetted
and into force 31st December 2010
Appropriation (2010) Amendment (No. 2) Act, 2010 (No. 6 of
2010)
Gazetted
and into force 31st December 2010
Pre-2010
Acts Brought into Force during 2010
Petroleum Act [Chapter 13:22] (No. 11 of
2006]
Into force 26th April 2010 [date fixed by SI
84/2010]
Judicial Service Act [Chapter 7:18] (No. 10 of
2006)
Into force 18th June 2010 [date fixed by SI
114/2010]
Intellectual Property Tribunal Act [Chapter 26:08] (No. 5 of
2001)
Into force 10th September 2010 [date fixed by SI
152/2010]
Trade Marks Amendment Act, 2001 (No. 10 of
2001)
Into force 10th September 2010 [date fixed by SI
153/2010]
Acts
Not Yet in Force
National
Biotechnology Authority Act [Chapter 14:31] (No. 3 of
2006)
Suppression
of Foreign and International Terrorism Act [Chapter 11:21] (No. 5
of 2007)
Audit
Office Act [Chapter 22:18] (No. 12 of 2009)
[Dates
of commencement for these Acts have to be fixed by the President by statutory
instrument.]
Update on Bills
Bills in Senate
[All introduced in and already passed by the House of Assembly last
year, and now awaiting Second Reading in Senate]
Public Order and Security Amendment Bill
Zimbabwe National Security Council Amendment
Bill
Attorney-General’s Office Bill
Energy Regulatory Authority Bill
Criminal Laws Amendment (Protection of Power, Communication and Water
Infrastructure) Bill
Bills in House of Assembly
Awaiting Second Reading
Deposit Protection Corporation Bill
Awaiting Report by Parliamentary Legal Committee
Small Enterprises Development Corporation Amendment
Bill
Bills Gazetted and Awaiting Introduction
General Laws Amendment Bill [gazetted 22nd October
2010]
National Incomes and Pricing Commission Amendment Bill [gazetted 5th November
2010]
Veritas makes every effort to ensure reliable information, but cannot
take legal responsibility for information
supplied