The ZIMBABWE Situation
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Farmers fight on in Zimbabwe land-grab case


THE suspension of the Southern African Development Community (Sadc) Tribunal
and the drastic curtailment of its jurisdiction were a "clear violation" of
the right of access to the courts, Zimbabwean farmers Luke Tembani and Ben
Freeth have said in legal argument.

Their legal submissions late last month to the African Commission on Human
and Peoples’ Rights are the latest step in a prolonged 11-year battle with
the state of Zimbabwe over the loss of title to their farms in land grabs
after 2000 — a process widely viewed as executive self-help to land in

When the tribunal was first set up, it had the jurisdiction to hear disputes
between member states and disputes between individuals and their
governments — once individuals had exhausted their country’s domestic

But in 2010 the tribunal was in effect suspended and then, last year, the
Sadc heads of state decided that the tribunal’s protocol should be amended
to disallow individuals from approaching it.

These decisions were widely condemned, with critics saying the summit had
bowed to pressure from Zimbabwe, after it refused to enforce a number of the
tribunal’s orders relating to unlawful land expropriations.

The summit decisions also effectively squashed Mr Tembani and Mr Freeth’s

The two farmers then approached the African Commission, saying they had
"nowhere else to turn" and asking the commission to refer their case to the
African Court of Justice and Human Rights.

But the commission found last year that it could hear the case itself, and
asked Mr Tembani and Mr Freeth to make legal submissions. Their counsel,
Jeremy Gauntlett SC, said the "initially temporary suspension and now
permanent ouster" of the tribunal’s jurisdiction was unlawful on a number of

It infringed the African Charter on Human and Peoples Rights and the Sadc
Treaty — because it infringed the right of access to courts, interfered with
judicial independence and violated the rule of law and the separation of
powers. The suspension was also procedurally irregular, irrational and "in
bad faith", he said. He also referred to warnings of a contagion-effect
across the continent.

If the commission finds that the Sadc summit’s decisions were unlawful it
may then make a "recommendation" to the summit — not quite a court order but
almost as good as one, in diplomatic terms at least.

If a recommendation is nonetheless ignored, the African Court may then be
approached for an order. Mr Tembani and Mr Freeth have asked the com-mission
to direct Sadc states to lift the tribunals’s suspension, and to do what is
necessary to restore its jurisdiction.

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Govt criticised for ‘empty’ pledge to stop farm seizures

By Alex Bell
03 January 2013

The government is facing criticism for making ‘empty’ promises to stop the
illegal seizure of internationally protected farms, while still refusing to
pay compensation for the properties it has already taken.

Lands Minister Herbert Murerwa said this week that the government had
resolved to halt the takeover of properties meant to be protected by
Bilateral Investment Protection Agreements (BIPPAs). These agreements,
signed by the Zimbabwe government and international countries with
investments in the country, are meant to offer the foreign owners some
protection and promise of compensation should their investments be taken

But out of 153 BIPPA protected farms in Zimbabwe, more than 110 have been
taken over without any compensation being paid. This has led to the
government being ordered to pay compensation to a group of Dutch farmers who
approached the International Centre for Settlement of Investment Disputes

The Dutch farmers, kicked off their Zimbabwean farms ten years ago, have
since last year stepped up their campaign to ensure they are compensated.
According to the ISCID, the Zimbabwe government owes the farmers almost 24
million euros.

“Although under Zimbabwean law government can legally acquire such farms, in
view of the ongoing litigation in the ISCID, we have taken the decision not
to settle persons on farms covered by BIPPA for now,” Murerwa told the
Herald newspaper this week.

He added: “Government will abide by the provision of the agreement and at
the same time we do not want to increase our liabilities.” Murerwa also said
that offer letters already issued to black settlers to occupy such
properties were being revoked.

John Worsley-Worswick from Justice for Agriculture (JAG) told SW Radio
Africa on Wednesday that making such promises was like “locking the stable
door after the horse has bolted.” He said little faith can be put in such
pledges, when the government has previously ignored and flouted
international agreements and numerous court orders meant to protect property

“For example, those Dutch nationals in that international case were
guaranteed that the government would pay immediately as laid out by the
court. To date Zimbabwe has reneged on that. So why should one have any
respect whatsoever, or faith in the Zimbabwe government adhering to its
undertakings?” Worsley-Worswick said.

He also explained that the government’s refusal to honour the BIPPAs has
left people in danger, not only of losing their properties. Late last year a
Dutch farmer was shot in the face in an ongoing battle to remain on his
farm. Piet Zwanniken is lucky to be alive after the bullet went through his
nose and grazed his cheek. He told SW Radio Africa last year that he
survived an “assassination attempt” launched by a suspected CIO agent who
wants his farm.

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Voter registration exercise officially begins in Zimbabwe

By Tichaona Sibanda
03 January 2013

The voter registration exercise officially commenced on Thursday, in
readiness for the crucial elections expected sometime this year. However it
got off to a slow start due to the poor publicity of the exercise.

There are fears the lack of publicity could be a deliberate plot to keep
potential voters away from registering.

The countrywide exercise is expected to last three months, during which
Zimbabweans will be required to either register as new voters or verify
their details on the voters’ roll.

Senator Obert Gutu, the MDC-T deputy Minister of Justice and Legal Affairs,
told SW Radio Africa’s Crisis Analysis program that the 3rd January was set
down as the official date for the commencement of the voter registration

The date was set down last month during a meeting between Zimbabwe Electoral
Commissioners, the ZEC secretariat and Prime Minister Morgan Tsvangirai.
That meeting was also attended by Justice Minister Patrick Chinamasa and

‘I would not be telling you the truth when I say there is evidence to
suggest there is hyper-activity in as far as the voter registration exercise
is concerned. There has been very little awareness publicizing the exercise.

‘We would have expected ZEC to go out of its way to engage both the print
and electronic media in conscientizing people, raising people’s awareness,
particularly in the rural areas where obviously people might not get
information faster than those in urban areas,’ Gutu said.

While he urged all Zimbabweans to participate in the exercise, Gutu
highlighted recently that the exercise is still unnecessarily cumbersome and
is discouraging the younger generation from registering as voters. He said
there are still a lot of hurdles that people come across if they want to
register, especially tenants in urban areas.

‘One needs to have proof of residence to register and this depends on the
benevolence of the landlord or landlady to help by supplying a copy of any
utility bill. In the rural areas you need a letter from a Sabhuku (headman)
and people feel discouraged, being tossed from office to office.

‘An average person will end up giving up because of the amount of time spent
trying to get the right papers,’ Gutu said, adding that a much simpler way
should be found to allow everyone who is qualified and eligible for the
registration to do so without any hassles.

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'I will form next government' - Makoni

By Guthrie Munyuki 3 hours 40 minutes ago

HARARE - Mavambo Kusile Dawn (MKD) leader Simba Makoni has declared he will
form the next government because he is working with both Zanu PF and MDC
officials who believe he is the ideal man to lead Zimbabwe.
He made similar claims in 2008 before massively losing the presidential

In an interview with the Daily News, Makoni, whose own party is struggling
with internal divisions, astoundingly claimed he was headed for the State
house on the backing of shadowy support from the two major parties in

In 2008, the former Finance minister polled eight percent of the
presidential vote in a race won by Prime Minister Morgan Tsvangirai who came
close to becoming Zimbabwe’s president.

Tsvangirai failed to garner the 50 percent plus one vote which were needed
to get the keys for the State house and instead was forced into a bloody
run-off with President Robert Mugabe which he aborted days before polling
citing massive violence against his supporters.

“In the next election MKD will be the largest party in Parliament. If you
are the largest party in Parliament you form the executive. It’s important
to win Parliament in order to win the executive office. So we will form the
next government.

“I am not taking Zimbabweans for granted. We are not going to fold our hands
and say Zimbabweans are thoroughly fed up with Zanu PF and Robert Mugabe and
they are increasingly being fed up with Morgan Tsvangirai so they will come
to us. No. We will go to them and we are going to them to convince them that
we offer better prospects than the other two,” Makoni said.

He said his performance in the 2008 polls which his critics grudgingly say
saved Mugabe and Zanu PF, spurs him on to go and do bigger things in 2013.
His ally then, Dumiso Dabengwa later told the media that Makoni’s project
was specifically meant to dilute votes and save Mugabe from losing.

Makoni now says he enjoys support to dislodge the same he reportedly
protected in 2008.

“There are many members of Zanu PF who support these values, they had
constraints in coming out and professing and pronouncing that in public.

There are also many in the MDC who support the same and have similar
constraints about coming out to say it in public.

But the fact is in that their hearts and in their minds they know that this
is whats good for Zimbabwe now and going into the future,” said Makoni,
sounding much like he did in 2008.

“Because of the rigidity in our situation and intended fear, how people will
behave in the ballot station is what will tell. But 2008 is very
illustrative. Mugabe keeps talking about bhora musango. And he knows exactly
what is he talking about.

“They were in 2008 then there will be even more in 2013, people who are
carrying certain party cards in their pockets who will not vote for
candidates of their party or the party whose card is in their pockets.
Absolutely. It is highly likely that there will be more bhora musango in
2013 than there was in 2008.” - Daily News

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Kereke’s vote-buying under fire

Thursday, 03 January 2013 11:34

HARARE - Munyaradzi Kereke, a former Reserve Bank of Zimbabwe advisor and
now an aspiring senator, has been criticised for pumping $100 000 for the
reburial of 50 freedom fighters in Bikita, in return for votes, at a time he
has failed to pay his workers.

Kereke seems to be defying President Robert Mugabe who at the Zanu PF
conference slammed rampant vote-buying in Zanu PF saying it was destroying
the party.

Zanu PF secretary for administration, Didymus Mutasa has also urged aspiring
senators and parliamentarians to stop campaigning now to avoid chaos in the
already divided party.

The Rock Foundation Medical Centre (RMC) founder, seeking election on a Zanu
PF ticket, has reportedly made a donation of $100 000 for the reburial which
has been denounced as cheap populism aimed at winning votes by his furious

Under his re-election drive, Bikita district leaders would offer help on
issues such as identification of graves, with the reburial fast-tracked
within the next three months, perhaps to coincide with the election

Kereke did not respond to inquiries sent to him through phone yesterday.

He later insisted that he wanted the questions e-mailed to him just when the
paper was about to go to print.

The workers, speaking on condition of anonymity fearing victimisation,
slammed their boss’ priorities.

The plan, first reported in the state media, has attracted a barrage of
harsh comments aimed at the Zimpapers board member, with many slamming him
for claiming that he had decided to fund the reburial because MDC Finance
minister Tendai Biti was declining to bankroll the project.

“There are hundreds of freedom fighters whose remains are lying in caves and
unmarked graves throughout the country,” Kereke is quoted as saying.

“These are crying out for decent burials, but minister Biti has not been
providing funding for such a noble cause.”

“It is surprising that we have a minister of Finance who is not willing to
set aside even a small fund to finance the reburial exercise,” he said.

Kereke’s election drive has caused a buzz on social media, with many
roundly slamming him.

One reader Kola, said: “Zanu PF had 28 years to rebury everyone before the
GNU was formed, why didn’t they do it?

Why blame Biti for everything under the sun?”

Another reader called “General” was more scathing of Kereke, saying he
should concentrate on rehabilitating roads and clinics in Bikita instead of
reburying dead people.

“Ana Munyaradzi, by the way which road do you drive your vehicle going kwako
kumakomba kuseri uko?

I know the road you pass through is in a mess, yakashata, haiite (It is
bad). Ndotoshamiswa ini, dai iriyo yawagadzirisa hako nokupedzisa kiriniki
iri mudziro memusha wako vanhu vabatsirike (I am surprised. You should have
funded the construction of that road as well as the completion of the local

Mutengesimukuru said: “What they should be doing is investigating this guy
for the source of that $100 000. Yesterday he could not pay his electric
(sic) bill at the farm, today he has $100 000?!”

A reader named Shumba said: “Senators must really be elders, not young boys
like Kereke. What advice can he give especially with all those controversies
around him? In Bikita we know him very well, people must check his history
and they will be shocked that he is not really Zanu PF. Go back to the days
of the liberation struggle and you will understand what I mean.”

Said a Nyoni on Facebook: “Why is Kereke in the habit of attacking other

He is blasting Biti for not providing funds as if Biti is the first minister
of Finance. He should know that national budgets are a collective issue so
by implication he is attacking cabinet which approves budgets and projects.

“Let’s hope people of Bikita will not be blinded by these trinkets and
Kereke’s childish manoeuvres. In any case, where is he getting the money
when workers at his hospital are getting nothing?” - Staff Writer

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ZimRights official still detained with three others

By Alex Bell
03 January 2013

An official from the Zimbabwe Human Rights Association (ZimRights) and three
other individuals dragged into the case against him, all remain detained in
Harare after being arrested last month.

ZimRights programs manager Leo Chamahwinya was arrested during a police raid
on the group’s offices in early December and taken into custody on
allegations that he was involved in ‘illegal voter registration’. He was
then charged with ‘conspiracy to commit fraud’.

Three other individuals were also arrested in December and charged in the
same case, which human rights lawyer Trust Maanda said was a deliberate ploy
to try and implicate Chamahwinya. Maanda told SW Radio Africa that none of
the accused knows anything about the allegations made by the state and
Chamahwinya and the others did not even know each other.

The other three individuals, Dorcas Shereni, Tanaka Chinaka and Farai Bhani,
are all being accused of forgery, fraud and publishing ‘false statements’.
The state has alleged that the group forged voter registration certificates
“to tarnish the name of the Registrar General.”

Bail against the four was denied by a local magistrate before the Christmas
season, meaning the group was forced to remain behind bars through the
festive period. Their lawyer Maanda said Thursday that they will be
appealing the magistrate’s decision at the High Court when it reopens this

Meanwhile five MDC-T activists who were charged in an ongoing murder case
from 2011 are also still detained, with their lawyers set to resume fighting
for their release on bail.

The five are part of a group of 29 activists charged in connection with the
death of Glen View policeman Petros Mutedza in May 2011. The other 24
activists were released on bail in late 2012, over a year after they were
originally charged.

The five still detained are Last Maengahama, Tungamirai Madozkere, Rebecca
Mafikeni, Yvonne Musarurwa and Simon Mapanzure. One of the group’s lawyers,
Gift Mtisi, told SW Radio Africa on Thursday that they will be launching
another appeal against the bail refusal at the High Court when it reopens.

The trial against the 29 will also resume at the High Court, although no
date has yet been set.

Two other MDC-T Youth Assembly officials have also been charged in
connection with Mutedza’s death, after their arrest in late October last
year. Tarirai Kusotera and Jackson Mabota were held in detention for a month
before being released on bail. But they are being tried separately to the
original Glen View 29. Their case will also continue this year.

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Sibanda calls for MDC-T supporters to be denied farming inputs

By Tichaona Sibanda
03 January 2013

War vets leader Jabulani Sibanda last week ordered that all known MDC-T
supporters in Makoni district of Manicaland province be denied farming
inputs from government, as punishment for ditching ZANU PF.

At a meeting at Makoni country club in Rusape, Sibanda emphasized to
traditional chiefs and headmen that no MDC-T meetings should be sanctioned
in the district. The meeting was attended by ZANU PF stalwart Didymus Mutasa
as well as several high ranking police and CIO officers.

Over 400 traditional leaders, drawn from the five constituencies in Makoni,
were also in attendance. MDC-T spokesman for Manicaland, Pishai Muchauraya,
confirmed the development and added that Sibanda told the chiefs and headmen
to keep a record of their subjects and ensure that all of them vote ZANU PF
in this year’s elections.

Sibanda promised that those who don’t would be dealt with thoroughly. He
also took a swipe at some of the so-called neutral traditional leaders,
saying there is nothing of that sort, as all chiefs were ZANU PF.

Muchauraya said: ‘They were given notebooks and pens to go and draw up a
list of MDC-T supporters or anyone who does not support ZANU PF. This week
we got confirmation that some of these traditional leaders are already
implementing what Sibanda instructed them to do.

‘We have 10 people who have fled from Nyamukamai in the Headlands who have
been receiving threats from these chiefs. At Gandanzara a family of five
fled their home this week after a headman David Zumbanu issued threats
against them.’

The Makoni South MP said the most worrying thing is that when Sibanda
discussed these issues in detail, senior police officers were there and
listening, and took no action.

‘We don’t have any law that denies people food aid or farming inputs. MDC-T
supporters were openly threatened in the presence of police officers but
they decided to turn a blind eye,’ he said.

Muchauraya promised that they will be lodging a complaint with JOMIC as well
as writing a protest letter to the officer commanding police in the
province, raising the issue of partisanship by the police towards ZANU PF.

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Teacher strikes on hold as new school term looms

By Alex Bell
03 January 2013

Teachers in Zimbabwe have vowed to return to their stations when the school
year begins next week, despite ongoing anger about low salaries and poor
working conditions.

There has been concern that the start of the new term would be delayed
because of threats of a national teachers’ strike, with educators across the
country protesting very low monthly state wages.

But two teachers’ unions have both moved to reassure the public that the
school year will begin as planned next Tuesday, despite the teachers’
grievances with the government. The Zimbabwe Teachers’ Association (Zimta)
has said it has lined up provincial annual general meetings (AGMs) across
the country to discuss, among other things, deteriorating conditions of
service for its members. Zimta chief executive officer Sifiso Ndlovu was
quoted in the NewsDay newspaper as saying that any strike action would only
happen after these meetings.

Takavafira Zhou, the President of the Progressive Teachers Union of Zimbabwe
(PTUZ), told SW Radio Africa on Thursday that teachers will be back to
welcome students on Tuesday. But he warned that “morale is very low,” and a
strike is not yet out of the question.

“There has been no concerted effort by the government to meet teachers and
explain the way forward. There has been a promise of a salary adjustment but
there are no more details available. Teachers want a meaningful salary
increase so if they don’t get that, then we will have to see what happens,”
Zhou said.

He added: “We are not assured that teachers will not embark on a strike if
their salaries are not increased by their next pay check. There is a meeting
with unions happening next week to chart the way forward.”

Finance Minister Tendai Biti announced late last year that civil servants
would get an “inflation-related” salary increment in January. He said the
wage increase was a ‘top priority’ for the government, but he did not
provide the actual figures for the pay hike.

The PTUZ has now called for the increase to reflect the poverty datum line
and not inflation. Zhou said that an increase to match inflation would only
see people earning between six and eight dollars more a month.

“We need the government to explain what is going to happen. Teachers and
civil servants need a meaningful increase to survive. Also, we are certain
we are heading into an election year, and teachers want an increase before
that election,” Zhou said.

Meanwhile, since 2010, thousands of school leavers have been left fighting
to secure employment after the national examination council ZIMSEC failed to
issue A and O level certificates.

The government had contracted a British firm to process the certificates,
because ZIMSEC does not have the capacity to produce the documents. But this
decision was resulting in a backlog of more than two years.

Certificates for 2010 have just been released.

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Row Erupts Over Mega Churches

Blessing Zulu, Chris Gande

The phenomenon of the Mega Church, which began in America and is fast
spreading across Africa in places like Nigeria and Zimbabwe, has become a
source of controversy in Harare.

At the weekend Godwin Chitsinde, the leader of the Harare-based Spoken Word
Ministries, strongly criticized popular preachers Temitope Balogun, known as
TB Joshua of Nigeria, United Families International Church founder Emmanuel
Makandiwa and Spirit Embassy leader Uebert Angel Mudzanire - accusing them
of cheating their followers.

Chitsinde joins a growing number of traditional pastors who accuse so-called
prosperity gospel preachers and natty dressers, like Makandiwa and Angel, of
accumulating wealth at the expense of their poor followers.

Makandiwa, who reportedly owns very expensive houses and other properties,
has hit back, saying Pastor Chitsinde is simply jealous and wishes he had a
larger congregation.

The debate has not spared the first family. President Mugabe, without
mentioning names, lashed out at what he called “false prophets and dubious
spirit mediums” whom he accused of extorting money from people.

Mr. Mugabe, a Catholic, said some people who claim to see the future are
"false prophets".

But First Lady, Grace Mugabe, has named one of the orphans at her Mazowe
Children's Home after popular preacher, Emmanuel Makandiwa.

Pastor Angliston Sibanda of the Shalom project is a skeptic. He tells VOA
Studio 7’s Chris Gande that these preachers, who refer to call themselves as
prophets, are not genuine.

In response, Pastor Prime Kufa, a spokesman for Prophet Makandiwa, said
critics of their gospel do not understand their teachings.

The prosperity gospel movement first came to prominence in the United States
in the 1950s, but gained traction internationally only in the 1990s.

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Mugabe’s ministers rush to TB Joshua

Thursday, 03 January 2013 11:34

HARARE - President Robert Mugabe's closest officials trooped to Nigerian
“prophet” TB Joshua seeking salvation last week.

Two of Mugabe’s top men, Home Affairs co-minister Kembo Mohadi and
Manicaland governor and resident minister Christopher Mushowe forked out
thousands of dollars to attend TB Joshua’s New Year sermon in defiance of
Mugabe’s calls for them to shun such churches.

Mushowe is also director of Mugabe’s scholarship programme.

Zanu PF secretary for women’s affairs Oppah Muchinguri is another of Mugabe’s
top aides with an affinity for TB Joshua.

Mohadi and Mushowe’s sojourn to TB Joshua’s Nigerian base comes barely two
months after Grace Mugabe echoed her husband’s sentiments against locals who
seek help from a new breed of prophets such as TB Joshua.

Grace said Zimbabweans should stop wasting money visiting foreign prophets
but should instead seek salvation cheaper locally.

Addressing Zimbabwe Assemblies of God Africa at a women’s conference at
Glamis Stadium in November, Grace said people should have faith in local

“I really don’t understand why scores of people are putting their faith on
foreign preachers. They are having to raise money to visit them when in
Zimbabwe we are blessed with anointed people of God who are able to do even
greater things,” she said.

Some in her husband’s inner circle think hers is a shrill call though.

Mohadi and Mushowe made it a point to be in Nigeria as TB Joshua made
prophecies for individuals especially politicians whom he accused of using
the young for their personal political gains.

Cameras continuously zoomed on the two Zanu PF stalwarts as TB Joshua
declared a year of judgment on abusive politicians.

“I am seeing many great, famous, popular and rich men and politicians will
become helpless and in need of help in matters of sickness, disease,
finances, death etc.

“One of the causes: They have failed to reward those who helped them to
succeed. This is the year of judgment, especially for politicians who use
youths to support their political ambitions without reward after winning
power. Tell your neighbour to reward those who help you succeed now,” said
TB Joshua.

Efforts to contact Mushowe for a comment were fruitless as his secretary
said he was off and could not be reached on his mobile number. Mohadi was
also not available for comment.

Mugabe has in the past attacked local preachers taking a leaf from
foreigners who are claiming to be annointed couples, saying there were now
too many people masquerading as prophets in Zimbabwe.

Many such couples look up to the likes of TB Joshua as their doyens.

He said some Pentecostal churches were extorting gifts from their followers
by making it mandatory for congregants to “give” to their leader.

He said this at Manyene Holy Cross in Chikomba while addressing mourners at
the burial of Grace’s aunt, Mavis Mugadza last year.

While the Mugabe family loathes foreign churches, his political rival and
coalition government Prime Minister Morgan Tsvangirai seems to embrace them
with open arms as he together with close ally Home Affairs co-minister
Theresa Makone have visited TB Joshua before. - Mugove Tafirenyika

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Makandiwa sees gold rush

Thursday, 03 January 2013 00:00

Makomborero Mutimukulu and Victoria Ruzvidzo

ZIMBABWE is headed for a gold rush that will see people in most parts of the
country picking up the precious mineral from the ground as God begins to
offer divine solutions to the country’s challenges, United Family
International Church leader Prophet Emmanuel Makandiwa has said.

Ministering to more than 30 000 congregants, who thronged UFIC’s Chitungwiza
church for a cross over service on New Year’s eve, Prophet Makandiwa hinted
that lives for most Zimbabweans would soon be transformed for the better
stressing that gold and not diamonds, would in the long run become the
country’s most priced mineral.

“The Lord is setting Zimbabwe free. Divine solutions are coming. The Lord
told me ‘Tell Zimbabweans to change their focus.’ Everyone is saying
diamonds, diamonds, but I see another precious mineral for Zimbabwe . . .
gold will be picked up from the ground. Mysteriously gold will be appearing

“As I was praying I saw a wind blowing and I saw gold coming to the surface.
People are going to be picking up gold without any drilling.

“You know what they say about the water table? One has to dig first before
accessing water, but with this one there is no drilling needed.

“Those people who have been looked down upon will be picking up gold like
they are picking up stones. The Lord told me ‘This is for my people’,” said
the UFIC spiritual father to wild applause.

His sermon on the night was premised on 2 Kings 7 in the bible where the
lives of the Israelites were transformed from poverty to plenty in one day
after a prophet had spoken a word.

Prophet Makandiwa said countries that have been reluctant to do business
with Zimbabwe would soon be lining up to purchase the country’s gems.

Canada and the United States, among others, have been at the forefront of
demonising the country’s diamonds floating all sorts of allegations in a bid
to dissuade international buyers from purchasing the gems whose quality is

However, Prophet Makandiwa stressed that the country’s diamond industry
would enjoy more glitter this year.

“Please, I hope you are writing this down. I know that we have not been
accepted for the resources that we have, but I see a change in attitude with
those countries that have been at the forefront of fighting us opening their
hands, ready to receive our diamonds.”

The mining sector has over the past three years contributed the most to
Zimbabwe’s economic recovery ahead of other sectors of the economy.

In 2011, Prophet Makandiwa prophesied that this sector would spearhead
economic regeneration ahead of agriculture.

On Tuesday he said projects and businesses would be started this year and
jobs would be created in the process, to stem the unemployment scourge that
has afflicted the economy.

“Doing business is going to be easier too. I see that people are paying a
lot of duty when importing products for resale, but I see the Lord visiting
us in that area. I see a certain system dying. God is going to remember us
in a special way.”

He said people would be so empowered many would import cars that they
previously could not.
“You think you have seen congestion. No you have not, keep your eyes open
and see what will be happening. Because of the grace coming upon people,
driving shall be difficult in Harare.”

Prophet Makandiwa urged Christians to pray for the country’s leading
business people and said one prominent business person would be in hospital
battling for life this year.

“Is he able to come out of hospital this year? That is if we pray. If we don’t
pray it’s not just the death of a person but this is hope going . . . so we
need to pray.”

He also spoke of how “Harare will expire, with another new and beautiful
capital city coming up. It’s like a garden. As I was praying I even saw the
papers and the plan”.

He also highlighted that three African countries would experience a
recolonisation that they would need to eventually fight to regain their
sovereignty. He did not name these.

“I saw three African countries having to fight again for their independence.
I saw help going into those nations in the name of help, but God said look
again . . . this is colonisation and they will have to fight
again. These nations will have to fight against the dragon . . .” said
Prophet Makandiwa.

He also said a prominent African football coach would die after attending an
international tournament. He would be sick then, but he would not die from
the disease. He will be shot dead by someone from within his team.

On the international arena he also prophesied the death of a top European
royal figure.
The UFIC New Year’s eve service also attracted worshippers from countries
such as South Africa, Mozambique, United States, the United Arab Emirates
and Australia among others.

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Zanu PF hijacks govt empowerment programme

on January 3, 2013 at 1:29 pm


Youths in the country have heavily critiqued the government’s Indigenisation
and Empowerment programmes as politicised.

The Indigenisation and Economic Empowerment Act was enacted in 2007 with the
aim of empowering local people among them being the youths but despite the
confinement of the policy unemployment level still rank above 80%.

Deputy Minister of Youth Development Indeginisation and empowerment, Tongai
Matutu revealed that the funding is not enough as compared to the number of
youths in the country. He said the figures released by Minister Saviour
Kasukuwere are just figures on paper not in reality.

“ZANU PF has taken over this government initiative and has used it as a
political tool for campaigning so as to win support of the youths”, said

“This criterion of allocating funds to Pro ZANU PF youths has posed a blow
to CABS as most of the youths are not returning funds because they purchased
luxurious stuff instead of investing the money”, Matutu said.

Some of the youths had their proposals turned down without elucidation and
they have shown frustration with the government for dismally failing to
implement the empowerment programme and some have since dubbed it as
partisan and a ploy by ZANU PF to win the support of the youths.

“Shamwari mari haibudi iyi handidi kukunyepera( my friend, its difficult to
access the money) it’s not by choice that wondering up and down this mall
(Ximex). I also tried my lucky with the intention of opening a shop but all
my hopes were whacked with the politics behind the allocation of loans. Kana
usiri youth ye ZANU hauna chaunowana.( if you do not sympathise with ZANUPF
you won’t get anything) said one youth at Ximex mall who spoke on condition
of anonymity.

Most of the youths in the country are believed to be opponents of the status
quo and are enthusiastic for a regime change and this has necessitated ZANU
PF to utilise the youth empowerment scheme as a campaigning tool prior to
the upcoming elections. The national cake has been concentrated in the hands
of very few at the expense of others.

The criteria used in the allocation of funds have not yet been publicized as
the youths are not receiving any feedback regarding their proposals.

“I applied for funds for my farming project in Domboshava about a year ago,
I prepared a sound proposal but since I was not wearing a favourable
political jacket I failed to secure funds for my project” said Innocent
Ndorikanda a youth based in Harare.

Ndorikanda further alluded that his friend applied for the same loan through
the ministry and he scooped the loan unlike the rest of the youths who
applied through banks.

The government has failed dismally to empower the youths as they have face
huge obstacles to access the funds.

“Of all the youths at Youth Agenda Trust who applied for funding none got a
favourable response, we opened accounts at CABS but everything is at a
standstill, there is no feedback from the banks and the ministry ”. “I
personally applied for the loan but I couldn’t get it”, said Lawrence
Mushungu senior programmes officer at Youth Agenda Trust.

Failure by the government to empower youths has led to them being
unconsciously conscripted into settling political scores by attacking their
political opponents, a study Human Rights Watch on their 2012 Zimbabwean
report revealed.

“These youths are recruited into settling political disputes through violent
acts and are rewarded with alcoholic drinks. This system has eroded the
morals of many young people to the extent that everywhere they are they act
violently.” The report says.

Roy Magosvongwe chairman of the Liberation Vision holds a different
perspective. According to him, government has no control over the allocation
of resources “All you need to do is to draft a sound proposal and send it to
pertinent banks and you will get a loan”, he said.

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New Investment Law On Cards

Harare, January 03, 2013- Government has crafted a new Bill exempting
foreign investors participating in infrastructure development from complying
with the country’s indigenisation and empowerment laws.
According to the Zimbabwe Investment Authority (ZIA) Amendment Bill, any
investment in key areas such as energy and road networks that would have
been approved by the authority would not be subjected to the equity law.
Under the empowerment laws, foreign-owned companies are required to cede 51%
shareholding to locals and remain with at most 49%.
“The Bill will also amend the Indigenisation and Economic Empowerment Act to
exempt new foreign investment in key infrastructure and strategic sectors
from the requirements of the Act as long as such investment is licensed
under the Zimbabwe Investment Authority Act,” reads the bill in part.
Economic Planning and Investment Promotion minister Tapiwa Mashakada
recently said the government was working towards the harmonisation of the
indigenisation and economic empowerment and investment laws amid concerns
that the former was scaring investment.
“We have two conflicting pieces of legislation, that is the Indigenisation
Act and the Investment Act. Cabinet approved the principles of the
amendments and now the Bill has to be taken to the Cabinet committee on
legislation this month,” Mashakada said.
The new Bill also seeks to bar any investor to start operations without ZIA
It further aims to reduce bottlenecks in starting new business in the
“Any contracts they may enter into without such a licence will be voidable,
and any licences and permits issued to them will be void. This will not
apply to contracts entered into or licences, and permits granted before the
Bill comes into force,” the Bill reads.
“And to make it easier for investors, the board will be able to allow them
up to 90 days to enter into negotiations and preliminary contracts before
they apply for an investment licence.”
The amendments of the Investment Act also seek to encourage increased
investments in Zimbabwe by both domestic and foreign investors; to reduce
administrative barriers that inhibit investments; to transform the authority
by making it a one-stop shop for investors; and to ensure that all foreign
investments were registered and approved by ZIA.
The changes would also re-establish export processing zones as special
economic zones and industrial parks. NewsDay

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Government fails to pay MPs’ allowances

Staff Reporter 20 hours 13 minutes ago

GOVERNMENT has failed to pay over US$1,6 million owed to Members of
Parliament in unpaid sitting and subsistence allowances for 2012.
This comes amid indications that Treasury has not instructed Parliament on
how the once-off US$15 000 payments given to each legislator in December
2011 should be accounted for.
According to payment structures agreed, each legislator is entitled to US$75
per sitting and judging by the estimated number of sittings for 2012 and the
total number of legislators, the lawmakers should be paid a cumulative
US$1,6 million.
The US$15 000 once-off payments did not take into account the number of
sittings one had, creating a scenario where one might either be over paid or
With barely three months before Parliament is dissolved to pave way for
harmonised elections, most legislators fear they might leave the House
Constitutional and Parliamentary Affairs Minister Eric Matinenga attributed
the non-payment to the fact that payments were being made through Treasury.
He said had Treasury paid through a parliamentary budget, legislators would
have been paid sitting allowances premised on the number of days they
“I have not heard anything regarding payment of sitting allowances for 2012.
The last payment that was done was not done through the parliamentary
budget,” said Minister Matinenga.
“Certainly, we would have wanted to regularise the payment of their sitting
allowance. We will certainly do that, only if the payment is done through a
parliamentary budget. I am not aware that the payment was done in that
Parliamentary welfare committee secretary Kudakwashe Bhasikiti said it was
unfair not to pay legislators their dues.
“Certainly, we expect to get paid what is due to us. We also expect that
they should communicate to us if the money has been delayed.”
Finance Minister Tendai Biti recently told legislators that he had written
off their US$30 000 debts arising from vehicles they got under a loan
He was responding to inquiries from legislators during the 2013 National
Budget debate on when they would be paid their sitting allowances.
He told the legislators that they should be grateful for what Treasury was
doing for them.

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3 years no Zimsec certificates: Thousands cry foul

Thursday, 03 January 2013 00:00

Felex Share Herald Reporter

ORDINARY and Advanced-Level candidates have not been receiving their
certificates from Zimbabwe School Examinations Council since 2010 amid calls
for the council to set up its own printing press.

Government contracted a British firm to process the certificates.
Zimsec has no capacity to produce documents with high security features.
The certificates, however, take time to come out.
Certificates for 2010 have just been released.

This has made it difficult for thousands of school leavers to secure
employment and pursue other careers.

Most firms and colleges do not accept results slips, which do not have
security features.
Education, Sport, Arts and Culture Deputy Minister Lazarus Dokora yesterday
said Government should capacitate Zimsec to set up its own printing press.

He said the printing press would help clear the backlog and produce
certificates on time.
“It is always good for someone to have a certificate the year results are
released, but when you are on contract with others, your control over the
timelines is tenuous.

“Government should capacitate Zimsec to construct its own printing press
because if the situation remains the same, that problem will never end. A
printing press will reduce costs of printing for the entity.”

Deputy Minister Dokora said all certificates should have high security
features, hence the decision to have them processed outside Zimbabwe.

“It is always good to put in place measures to avoid the duplication of the
certificates by some people,” he said.

Zimsec secured a stand in Norton to build a factory for a printing press.
Progress has, however, been hampered by a lack of funds.

Zimsec director Mr Esau Nhandara said 2010 O-Level certificates were
released recently to the Zimsec provincial offices while those for 2011 were
still being processed.

“People might not be aware that we recently released the November 2010
certificates because of the holidays,” he said.

“We know we have a backlog and it is our hope that by the end of January we
will have released the certificates for 2011.”

Mr Nhandara said Zimsec was issuing out confirmation of results letters to
those who wanted certificates for various reasons.

“The confirmation is done free of charge because it is not their fault that
the certificates have failed to come on time,” he said.

Interviewed candidates said it was difficult to get employment without an
authentic certificate.
“I have been shortchanged because I cannot get a job because most of the
companies have told me to bring original copies of my certificates.

“No prospective employer would have time to verify the results slips with
Zimsec,” said Mr Johannes Runesu.

Some said the confirmation letters were difficult to get.
“When they talk of confirmation of results slips one would think they are
easy to get yet you sweat for it,” another candidate said.

“Some people would have travelled for long distances but still fail to get
those letters.”
Zimsec has faced a lot of challenges in the past years and has also come
under fire for failing to put in place adequate security measures during

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Educators Want Music Added to Zimbabwe Curriculum

Arthur Chigoriwa

A number of Zimbabwean educators want music to join sports and athletics as
non-academic subjects in the nation’s primary and secondary schools

Speaking recently at an end-of-term music competition at Victoria High
School in Masvingo, Great Zimbabwe University music lecturer Webster
Zimidzi, says schools should take music seriously as a medium for teaching
and a way to help students who venture into the music industry later in

Zimidzi, who was the head adjudicator at the competition, also says music
should be taught in indigenous languages so that it is easier for children
to understand.

Zimidzi says musical instruction goes beyond learning songs, and can help
children learn to read music, play a musical instrument, and sing well.

Nurturing children’s music talent also promotes the development of skills in
key academic areas, such as maths.

Regina Mundi High School music teacher Chipo Makuyana agrees, saying
children should be taught arts at a very tender age.

Makuyana says the community must first understand that children who excel in
the arts but struggle with academics can learn a lot through music and may
benefit from playing an instrument and singing if they fail academically.

The music competition in Masvingo was organized by the Zimbabwe Human Rights
Organisation under the theme and Walter Mujuru song called Ngati Shoropodzei
Mhirizhonga (Let’s Denounce Violence).

The event director, Okay Machisa, says the competition is going to be an
annual event. It was born, he said, out of the desire to demonstrate that
there are peaceful and tolerant communities in the country and that human
rights are inalienable.

The Masvingo music competition drew 10 selected schools from Masvingo and
Midlands provinces.

St. Patrick of Masvingo won the competition for the second year running,
followed by Regina Mundi High School. Members of the St. Patrick High
School choir say they were overwhelmed by winning the competition.

Student Evans Bakure says the choir worked extra hard to win the

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Mugabe opens up in SABC interview

on January 2, 2013 at 8:03 am

President Robert Mugabe and his family have opened up their homes and lives
to top South African television presenter Dali Tambo for his weekly
programme, People of the South.

Tambo is the son of the late African National Congress stalwart Oliver
Tambo. He jetted into the country on December 18. Accompanied by a 14-member
crew, he filmed the documentary from 19 to 21 December . It will be shown on
SABC3 next month. Lead cameraman Perseverance Dube said they had access to
many areas of the Mugabes lives. They even interviewed Bona and Chatunga.

“We were given access to the places the President holds dear that include
his rural home, the Gushungo Farm and the new school that is about to open.
I am in awe of the good works the First Family is doing to reach out to the

“Most of the footage comprises the President telling the audience of all the
facets of his life: how he was brought up, what made him start his political
career, his days in jail and exile, the inspirational people in his life and
the principles he upholds as a father and the President of a nation.

“These will be further illustrated visually by intercutting archive footage,
photographs and personal memorabilia. The episode will culminate in a
celebratory dinner where Dali encourages reminiscing, good humour, and a
great sense of occasion.

“We also included detailed separate interviews of the First Lady and two of
their children, Bona and Chatunga. We are convinced that we have come up
with a riveting piece of work that will set the tone for the anticipated
second season of People of the South and will grip the audience from start
to finish.”

Speaking after filming the documentary at State House last week, Tambo said
Mugabe “is a person of substance” whose appeal is unique and overarching. He
said that Mugabe remained iconic despite criticism from his detractors. “No
African should doubt that President Mugabe is an icon. He is a good example
of an undeniable icon of Africa,” he said.

Tambo said President Mugabe bore a distinct sense of national identity
throughout the interview, which is expected to evoke African pride among

“The aim of People of the South is to interview people of substance who have
a unique and overarching appeal to viewers. President Mugabe fits this bill
in every sense because his presence creates a strong sense of national
identity and evokes a sense of pride in viewers,” said Tambo. (Try telling
that to the families of the thousands of victims killed by his regime.)

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Transcript: Zimbabwe's Controversial Marriage Laws
Violet Gonda
In a year when Zimbabwe’s leaders had many major national issues to tackle, including the new constitution, food shortages, and a lackluster economy, Prime Minister Morgan Tsvangirai’s personal life often dominated headlines. The nation heard and read about Mr. Tsvangirai’s former lovers going to court to stop his bid to marry Elizabeth Macheka, following his wife’s death in a car accident in 2009.

While the marriage controversy raised questions about the PM’s personal life, it also raised questions about Zimbabwe’s marriage laws.

Legal analysts say the country’s Marriage Act is seriously flawed, as it seems to recognize only monogamous civil marriages despite anecdotal evidence showing that many women are in unregistered customary unions.

Gonda: Sylvia Chirawu, the national coordinator of Women and Law in Southern Africa says there are three kinds of marriages in Zimbabwe.

Chirawu: Basically there are two recognised registered marriages, the first one being the Chapter 5:11 marriage, which some people still refer to as Chapter 37. This type of marriage means that if a man enters into it or a woman, they are supposed to have one spouse. They are not supposed to get married to anyone else unless they divorce - so it’s one man one wife.

The second type of registered marriage is the Customary Marriages Act: Chapter 5:07 which used to be called Chapter 2:38, which some people still use. Under this type of marriage, a man can marry as many wives as he wants. So each wife will have their own marriage certificate, so in other words this marriage allows polygamy.

There is also a third type of customary marriage and it’s not registered and actually in terms of the law it’s called an Unregistered Customary Law Union - and this union comes into being when a man pays lobola for a woman and he can pay lobola for as many women as he wants. So we have this type of marital regime where we have customary law marriage existing side by side with general law marriage.

Gonda: Chirawu says the prime minister’s marital woes expose the confusion regarding Zimbabwe’s marriage laws.

Chirawu: Basically, Locardia’s case is that she was married by the prime minister under customary law and the prime minister has now terminated that customary law union, and he went onto marry another woman, Elizabeth, under customary law and then sought to elevate the customary law union to a Chapter 5:11 marriage. So there is a lot of confusion really regarding our marriage laws.

If we look at the Criminal Law (Codification and Reform) Act, it actually says such a situation would constitute bigamy which is a criminal offense - in other words what the law is saying is that if you are a man and you marry under customary law you can actually, in terms of the law, elevate that 5:11 marriage with the same woman but what you can’t do is to get another woman and then marry her under 5:11 without terminating the existing customary law union.

Gonda: The prime minister’s planned civil wedding to Elizabeth Macheka turned into a traditional bride handover ceremony, without an exchange of marriage vows, after the couple’s marriage license was cancelled and a court decision recognizing Locardia Karimatsenga Tembo as his customary wife. The marital squabbles spilled over to the courts where Mr. Tsvangirai is appealing against the cancellation of the marriage license. At the same time Karimatsenga was seeking maintenance from the prime minister in the courts. The two later reached an out of court maintenance settlement that reportedly reached a six figure sum. Karimatsenga’s lawyer Jonathan Samukange says his client did not start by going to court but says she tried everything in terms of Shona custom to have the matter resolved amicably.

Samkange: Before we went to court, Locardia went to Chitungwiza where Tsvangirai’s’ elders are, in terms of our culture. She told them she went into the house that her husband had found for her in Chisipite… found the place deserted; all the household goods had been removed. But four days and four nights, Tsvangirai said he was coming but he never came until she left.

If Tsvangirai had gone that time, I’m sure she would not have gone to court. The opportunity was there but he was just being stubborn, and personally I think also the people who are advising him are not giving him proper advice.

Gonda: The PM’s lawyer Innocent Chagonda argues that Mr. Tsvangirai should have been allowed to marry Elizabeth under civil law, denying the prime minister paid a bride price or lobola for Karimatsenga, insisting that he only paid damages for getting her pregnant.

Chagonda: His position was that he did not marry Locardia contrary to what she was saying. The prime ministers’ position was always to say he did not instruct anybody to go and conduct a ceremony in the form of paying the lobola. He has been vindicated anyway in court by the people who he had sent, the delegations that he had sent told the court in the affidavits that they have deposed. That they had gone only in good faith to pay this lobola notwithstanding the fact that the prime minister had not agreed with that. Their intention was to allow a situation where, they thought, maybe the prime minister would change his mind or something. But it was very clear that they did it without his consent and knowledge.

Gonda: Mr. Tsvangirai then raised eyebrows when he instructed his lawyers to pay a divorce token called gupuro via the courts. Chagonda says gupuro can be paid anywhere and as far as Mr. Tsvangirai is concerned that gesture was tendered.

Chagonda: Under customary law, gupuro is paid to the woman. It will then be encumbered upon her to go and tell her parents that she has been divorced and that she has refused a gupuro. There is absolutely no procedure which has to be taken in terms of doing anything other than giving it to her or her representative. In fact one could even throw that token at her.

So what you need to do is to clearly show your intention by giving her that token because this is a union which is unregistered, you do not go to court to get a divorce certificate. What you simply need to do is to give that token, there is absolutely no strict formalities that have got to be taken, what needs to be shown is that somebody no longer wants the relationship so this is what the prime minister has said. It is very clear, it is in black and white that even if there was a relationship in the first place, it takes two to tango and he has publicly said he no longer likes it and he wants to move on with his life.

Gonda: But Karimatsenga’s lawyer says there is no way that gupuro can be made through the courts. Samkange says the prime minister had to follow tradition and just like when he first proposed face to face to Locardia he now had to come face to face with his estranged partner.

Samkange: You know we must be proud of our culture, we must be proud of our custom. Our custom is that Tsvangirai is married to Locardia, those are two people who met in the absence of us. Tsvangirai must go to Locardia personally and say to Locardia: ‘listen Locardia my dear, I was in love with you but I’m no longer in love with you, and because you’ve done x-y-z I want a divorce. And to show that I want a divorce, here is my one dollar - I no longer love you’.

Locardia can do two things: She can either accept the gupuro or she can refuse it. Then Tsvangirai must go to Locardia’s’ aunties and say: ‘Look I have got a problem with your niece and I’m having a problem with your niece but i no longer love her and I gave her a gupuro and she doesn’t want to accept it - this is the one dollar that i have brought, I no longer want her’.

The aunties are bound to deal with the issue, but you can’t send a lawyer to say go and pay this gupuro and go and give it to Samkange, how can I accept Locardia’s’ gupuro? Was I married to Tsvangirai myself?

Gonda: Sylvia Chirawu says even in terms of customary law there is still confusion as to how a man can go about giving gupuro or the divorce token.

Chirawu: One of the major bones of contention revolves around the issue of gupuro which is a rejection token in English. There is a lot of confusion because different tribes follow different paths in terms of gupuro.

What I know from my culture is that if a man wants to divorce a wife, under customary law, then the gupuro used to be ten cents but people have just come up with two Rand – I don’t know where it came from, but basically the woman is given the money personally.
Then other tribes say that the money has to go through an aunt or munyai who is the go-between. So even in terms of customary law, there is still confusion as to how a man can go about giving the rejection token.

Gonda: Jonah Gokova chairman of Padare, a men’s forum that advocates for gender justice, says the prime minister’s marital saga exposes the serious challenges relating to how men behave, and is also a clear reflection of the increased vulnerability of women in the country. However, Gokova says while it is clear that Mr. Tsvangirai has made some blunders, the tone of the women’s engagement is also – in his words – “vindictive’.

Gokova: And it’s either I have you or I destroy you. It is accepted that the prime minister has made his blunders and so on and so forth and I’m sure he is aware of it and he knows it and he needs to correct that. But also I think he needs to look at the situation in terms of representing situations, the role of partisan media and the politicization of the whole situation – which makes the whole situation very, very ugly.

Gonda: Mr. Tsvangirai has also come under attack politically for courting women with strong ties to Zanu PF. Karimatsenga’s lawyer agrees.

Samkange: Shamwari, this is even more ridiculous, do you know Elizabeth Macheka? Who is Macheka’s father? Who is he in Zanu PF? He is the one chasing after Zanu PF and afterwards he complains. Didn’t he know that Macheka’s father is one of the top Zanu PF officials both in Harare Central and in the party? Didn’t he know? And when he went out with Locardia, didn’t he know that her father was in the liberation struggle as a Zanu PF? As a prime minister, do you just go out with a woman because she is a woman?

He should do background checks, ask for guidance from his security to check who this woman is? Is that not normal? Do you just go out without checking? The one that he is claiming he wants to marry now and the one that he had, they are all Zanu Pf women, and why is he after Zanu PF women for?

Gonda: Sylvia Chirawu says politics aside the fundamental point in all this is the limited recognition that is given to customary or unregistered unions.

Chirawu: So really the basic issue about the prime minister, politics aside, has raised fundamental issues in relation to our marriage laws which are seriously flawed in that they seem to give credence to the 5:11 Marriage - monogamous marriage - yet evidence suggests that a lot of women are in unregistered customary law unions. So it’s really high time that something is done from a legal perspective to protect the rights of women in these unregistered marriages.

Gonda: Furthermore the legal expert says under customary law, married women can assume their husband’s surnames but if their marriage is not registered they cannot use their spouse’s name.

Chirawu: If you are married under the customary marriages act, you can use your husband’s surname because you get a marriage certificate, but if lobola is paid only, and the marriage is then not registered, you cannot use the husbands’ surname as your own surname because in the eyes of the law that’s not a marriage - it’s a union.
So you don’t really acquire many rights except. The registered customary law marriage is really okay because you do have your marriage certificate, no-one will ask you for proof and say you were not married because what you simply need to do is to produce the marriage certificate. But if you don’t have that marriage certificate now, the other problem that arises is also even proving that the customary union exists so if you note in the prime ministers’ case, Locardia had to go all out to show proof that the prime minister had paid lobola for her (video of the ceremony).

So you do get a lot of these situations where women now actually have to prove that lobola was paid for them and in some instances women are unable to prove it, especially relating to inheritance. And if they are unable to prove that they were customarily married, then that is the end of the road for them, they will not be entitled to inheritance.

Gonda: Lobby groups like Padare are calling for the harmonization of the customary and civil marriage laws to ensure the interests of women are protected. But others say that would assume that women live under one system. The reality is that some women live under polygamous marriages while others are in monogamous unions. Legal experts believe the ideal would be to have a specific law that recognizes unregistered customary unions as marriages to ensure that the rights of all women are protected.

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Parties should admit failure: Analysts

Thursday, 03 January 2013 00:00

Lloyd Gumbo Herald Reporter

Political parties spearheading the constitution making process have come
under fire from some observers who argue they should admit failure to
produce a new supreme law to pave way for the holding of harmonised

They said there was no way Zanu-PF, MDC-T and MDC were going to agree on the
new constitution because they had irreconcilable fundamental differences.

“There is a limit to the patience that people have had on this constitution
making exercise,” said Midlands State University Dean of Social Sciences, Mr
Christopher Gwatidzo.

“People have tolerated enough of this bickering among the parties in charge
of this process. We don’t want to send a wrong signal that we are a country
in a crisis yet we have a constitution in place. We are not coming from a
war or a crisis. We have a constitution in place.

“Parties should just campaign and tell the electorate their value system.
After the elections, whoever wins will then be in charge of the constitution
making process. It would appear we are being held at ransom.”

Mr Gwatidzo said politicking around the constitution making process had
diverted Government attention from other developmental projects like
preparations for the agricultural season.

University of Zimbabwe Political Science lecturer, Professor John Makumbe,
said the parties were supposed to admit that they reached a deadlock.

He said there was no way the parties were going to resolve their differences
because they were tussling for power.
He said there were three options on the way forward.

“The first option is to take both the Copac draft and the draft with the
Zanu-PF proposed amendments to the referendum for the people to vote. “The
second option is for the ministerial committee recently established to bring
in Jacob Zuma and his team (Sadc facilitation team) to come in but they
cannot dictate to us what to do. They can only make recommendations on where
the parties can compromise.

“The last option is for all the three parties to agree they have failed to
come up with a new constitution and go for elections with the current
constitution and leave the new constitution to be done by the new
government. This is the weakest option because it’s an admission of failure
on the part of these political parties,” said Prof Makumbe.

International Crisis Group Southern Africa analyst, Mr Trevor Maisiri, said
the new constitution was not supposed to be linked to the upcoming
harmonised elections.

“It is clear that these parties will not agree because there were
disagreements at Copac and the Cabinet committee also failed to solve those

“The parties should admit that they have failed to agree on the contentious
issues so that the Sadc facilitation team can come in and help with some
recommendations. However, it should be noted that Sadc cannot dictate to us
what to do but should allow parties to negotiate in their presence so that
they can give suggestions on what they think should be done to break the
deadlock,” said Mr Maisiri.

Dr Charity Manyeruke, a lecturer in the Department of International
Relations at the University of Zimbabwe said the only solution was for the
country to go for elections under the current constitution.
She said there was not much difference between the current constitution and
the draft constitution on electoral provisions, hence credible polls could
be held under the current constitution.

Political analyst Mr Gabriel Chaibva said the three parties in government
were never going to agree on the draft constitution.

“There is nowhere in the history of mankind where constitutions have been
written in the manner we have tried to do it here by bringing all and
sundry, reactionaries included, in trying to write a constitution that seeks
to protect the interests of foreigners contracted with those who want to
entrench Zimbabwean interests.

“Any constitution should have its guiding principle on national interests
but in our case we know who the reactionaries and proxies of foreign forces
are. On the other hand, we have a revolutionary party, a party for democracy
and for Zimbabwean interests.

“How can a mixed grill write a constitution that seeks to defend the
interests of Zimbabwe. It just can’t happen. We should just proceed to
elections under the current constitution and then the victor will spearhead
the process based on the mandate given to them by the electorate,” said Mr

A seven-member committee charged with resolving the 30 contentious issues
that arose after the Second Stakeholders Conference has failed to break the
impasse and continues to request for more time to consult their principals.

The new constitutional process has been haunted by controversy since Copac
was established a few years ago after it failed to meet deadlines over

New areas of disagreement include whether the new law should provide for the
appointment of a minister responsible for civil service.

Zanu-PF also argues that the draft does not defend, protect and preserve the
values of the liberation struggle.

The parties also differ on whether or not the Constitution should provide
for the appointment of a Minister of Intelligence Services and whether or
not the title should be Correctional Service or Prison and Correctional

They are also disagreeing on whether or not traditional leaders should be
members of political parties, whether or not an Act of Parliament should
provide for National Youth Service and whether or not to separate
empowerment and employment creation from development with the two being
stand-alone clauses.

The parties are also haggling over how a successor would be chosen in case
of incapacitation of the President.

The Constitution-making process that was expected to take about 18 months
has taken over three years because of bickering among the political parties.

The MDC formations endorsed the draft in its entirety, but Zanu-PF proposed
amendments that were taken to the second all stakeholders conference.

The revolutionary party argued that the draft had deviated from the people’s
views gathered during the outreach programme.

MDC formations have mainly been basing their preferences on ‘‘international
best practices’’, while Zanu-PF used the outreach national report that
outlines the number of times an issue was raised by the people.

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Zimbabweans shine abroad but “charity begins at home”

With Zimbabweans excelling all over the world in various fields of academic and professional endeavour, one hopes that at some point, each one of these individuals will come back home to help develop our nation. The month of December 2012 saw a number of Zimbabweans being honoured for academic and professional achievements in fields ranging from economics, innovation and technology to social sciences such as anthropology. In the USA, President Barack Obama appointed Dr James Manyika to his Global Development Council. Dr Manyika is currently the director of the McKinsey Global Institute and a senior partner at McKinsey & Company. Prior to joining McKinsey, he studied at the University of Oxford as a Rhodes Scholar and later on taught in the engineering faculty at the same institution.

Zimbabwe has had a distinguished history of producing Rhodes Scholars starting with the late veteran banker Dr David Hatendi and most prominently, the current Deputy Prime Minister Author G. Mutambara. What is encouraging is that a younger crop of high flyers is also picking up global honours. This yearDalumuzi Happy Mhlanga, a Harvard undergraduate in Social Sciences was awarded a Rhodes scholarship to study at the University of Oxford in 2013. Naseemah Mohamed also a Harvard social sciences graduate was given the same honour. Dalumuzi and Naseemah are 2 out of only 25 black Rhodes scholars for 2013. Closer to home, Zimbabwean economist Fidelis Mabika Hove became the youngest PhD graduate at the University of Cape Town (UCT), Africa’s top ranked university. Fidelis finished his PhD at the age of 26 making him the youngest graduate of the PhD class of 2012. He currently works as a development consultant for Oxford Policy Management, a top tier international development consultancy.

What is inspiring is the impact that each of these young achievers and many others who have studied abroad can or are already making in Zimbabwe and other 3rd world countries. For instance, over the past 3 years, Dr Fidelis Hove has worked as a consultant in developing countries such as Mozambique, South Africa, Lesotho, Namibia and Zimbabwe. In this capacity, he has provided technical assistance to development partners such as UNICEF and the World Bank as well as to governments in these countries. In addition to leading various student groups at Harvard Dalumuzi Mhlanga is the founder of the Zimbabwe based NGO “Lead Us Today”. Lead us Today provides leadership training to Zimbabwean high school students. Although she currently works in the USA for the Centre for African Cultural Excellence (CACE), an organization she co-founded earlier this year to broaden understanding of African cultural traditions, Naseemah also has hopes of working as a development consultant in Zimbabwe and other developing countries.

A look at the latest Quacquarelli Symonds (QS) World University Rankings reveals a sobering fact. While the traditional “ivy league” university dominate the rankings, only a few African universities feature on the list. According to the list, the top ranked university is the Massachusetts University of Technology while Harvard sits at number 3 and Oxford is 5th. The highest ranked African university is the University of Cape Town which sits at a decent 154. What’s disheartening is that the only other African universities in the top 400 are miles away with the University of the Witwatersrand at 363 and the University of Cairo at 392. The point here is that it is clear that African universities, especially those in Zimbabwe have a long way to go and the likes of Dr Mayika, Dr Hove, Dalumuzi and Naseemah should appreciate how privileged they have been. They should remember that charity begins at home and they should keep striving to bring back that knowledge and experience back home to help build Zimbabwe’s universities, schools, businesses and society as a whole. Only then will we say that “they have arrived.”

By Peter Mudzi,


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