http://www.theindependent.co.zw/
June 14, 2013 in News, Politics
IN a bid
to meet the deadline set by the Constitutional Court (Concourt),
President
Robert Mugabe yesterday proclaimed elections will be held on July
31 as he
controversially resorted to draconian Presidential Powers
(Temporary
Measures) Act (PPTM Act) to fulfil his self-serving political
agenda for
polls on his terms.
Report by Owen Gagare
Mugabe declared the
Nomination Court would sit on June 28, while elections
would be held on July
31. In the event no outright winner emerges in the
first round of the
presidential poll, he said a runoff would be held on
September
11.
Mugabe’s move took his political opponents by surprise as they
disclosed
during Tuesday’s cabinet meeting he had agreed to follow all the
processes
laid down in the new constitution, meaning polls would possibly to
be held
in August at the earliest.
The PPTM Act empowers the
president, subject to certain limitations, to make
regulations amending an
Act of Parliament when it is inexpedient to wait for
parliament to pass an
amendment Act because of the urgency of the situation.
Justifying the
invocation of the PPTM Act, Mugabe referred to the Concourt
ruling ordering
that polls be held by July 31.
He also stated that public interest
requires upholding the doctrine of the
separation of powers, the principle
of constitutionalism, and the supremacy
of the Concourt over the executive
in all matters concerning the
interpretation of the constitution, hence his
moves to ensure compliance.
Mugabe said it was inexpedient to await the
passage of the Electoral Act
through parliament because of the Concourt
deadline.
Veritas, a lawyers’ grouping which monitors parliamentary
activities, said
Mugabe’s use of the PPTM Act does not necessarily mean that
the Electoral
Amendment Bill will not be taken to
parliament.
Crucially though Mugabe, by using his emergency powers, has
erased the
possibility of the Bill being delayed by debates in parliament,
which would
have militated against his wish for a July 31
election.
“The passing of a Bill to confirm today’s regulations is a
legal necessity,
given the fact that the Presidential Powers (Temporary
Measures) Act says
that it cannot be used to do by regulation what the
constitution says must
be provided for “by, rather than in terms of, an Act
of Parliament,” said
Veritas.
“And the new constitution requires just
that, for instance, Section 120
refers to elections ‘in the manner
prescribed in the Electoral Law’, and the
election of Senators having to be
‘in accordance with the Electoral Law’,
that is, the Act of Parliament
regulating elections.
“In the circumstances, SI 85/2013 is presumably a
stop-gap measure designed
to allow the publication of a proclamation later
today for an election to be
held on or before the July 31 — probably even
before that date.”
Earlier, Veritas had noted that it would almost be
impractical for Mugabe to
meet the July 31 deadline given the little space
he has to manoeuvre in.
The grouping and other legal experts had argued that
for Mugabe to comply
with the ruling, he should proclaim elections by
Monday, June 17, given the
nomination court could only sit 14 days after
proclamation, while elections
can only be held 30 days after sitting of the
nomination court.
The proclamation was not to be made by making a public
statement but through
gazetting in line with Section 157(3) of the new
constitution and the
Electoral Law.
In addition, the Electoral
Amendment Bill making appropriate amendments to
the Electoral Act first had
to be passed by parliament before Mugabe could
proclaim, but he has since
resorted to the PPTM Act to cut short the
process.
This is because
the Electoral Law (Act and Regulations) cannot be changed
after the
electoral proclamation. Section 157(5) of the new constitution
provides that
“after an election has been called, no change to the Electoral
Law or to any
other law relating to elections has effect for the purpose of
those
elections”.
The Electoral Act had to be changed to accommodate the
election of 60 women
members of the National Assembly under a party-list
system of proportional
representation as well as 60 Senators, among other
things”.
“The significance of this is that until an Electoral Amendment
Bill making
appropriate amendments to the Electoral Act has been passed by
parliament,
assented to by the president and gazetted, it will not be
legally possible
for the president to proclaim the elections date,” it
said.
The new constitution stipulates that a 30-day intensive voter
registration
exercise must precede nomination day. The programme began on
Monday and
should end on July 9. After proclamation the Nomination Court was
meant to
sit after two weeks and a month before polls could be
held.
If the constitution was to be followed to the letter, the president
could
only proclaim elections after the voter registration exercise was
completed.
Mugabe, though, repealed Section 26A of the Electoral Act to
allow the
voters roll to close 12 days after nomination day, presumably to
allow the
parties a month to campaign while also trying to meet the July 31
deadline.
Veritas though is questioning whether the country can hold
credible
elections without complying with the new constitution, while Zec’s
ability
to organise elections at short notice is doubtful.
“It would
be sad if the first elections under the new constitution were to
be spoilt
by inadequate time, lack of funding, an incomplete or
unsatisfactory voters’
roll, or too little time for Zec to satisfactorily
arrange the logistics
associated with such a large project,” said the
grouping.
“Zimbabwe
desperately needs elections that are credible within the country,
and within
Sadc and the international community.”
http://www.theindependent.co.zw/
June 14, 2013 in News,
Politics
IN a race to meet the July 31 elections deadline Zanu PF is
expected to
conduct its primary elections on June 24, four days ahead of
June 28 which
President Robert Mugabe has set as the date for the nomination
of
candidates.
Report by Elias Mambo
Mugabe yesterday
proclaimed July 31 as the date for general elections, in
compliance with a
recent Constitutional Court ruling.
After meeting on Wednesday and
Thursday this week, Zanu PF’s politburo
finally endorsed the party’s rules
and regulations to guide the conduct of
the primary elections on June 24.
The politburo meetings also discussed the
party’s preparedness for
elections, its manifesto and position on the Sadc
extraordinary summit in
Maputo, Mozambique, tomorrow.
In a frank presentation on the daunting
challenges facing Zanu PF ahead of
polls, national chairperson Simon Khaya
Moyo told the politburo his probe
team’s findings had shown the party was
not ready for elections because of
factionalism and
infighting.
Following the recent eruption of fresh intra-party clashes in
Masvingo,
Manicaland and Bulawayo, the Zanu PF politburo appointed a team
comprising
Khaya Moyo, national commissar Webster Shamu, national secretary
for
security Sydney Sekeramayi and secretary for administration Didymus
Mutasa
to quell the infighting.
A politburo insider said: “Khaya Moyo
was very frank and open when he tabled
his findings that showed provinces
were not ready for the polls because the
structures are in a
shambles.
“The chairperson told the meeting that any mistake at the
elections will
endanger all of us. He said we must know that if we don’t
cross the river
together some of us will drown.”
Khaya Moyo warned
the party that it would lose in Manicaland, Masvingo and
Bulawayo because of
deepening divisions on factional lines in those
provinces.
“There was
deathly silence after Moyo presented his hard-hitting findings,”
said
another politburo member. Mugabe reportedly jumped in and pleaded with
the
party leadership to put their differences aside and unite ahead of the
crucial elections. “Mugabe appealed for unity and urged people to pull in
one direction,” said the politburo member.
The old guard in the party
was accused of “ring-fencing” itself from
competition, especially from the
so-called young turks.
The politburo also quashed a proposal from the Women’s
League boss Oppah
Muchinguri to reserve 62 seats for women in the primary
elections.
The party hardliners argued that women were already catered
for in the
election of 60 women through proportional representation, adding
that the
party should field the strongest candidates to win the
elections.
A party insider said Muchinguri, who is aligned to the Defence
minister
Emmerson Mnangagwa’s faction, had identified the 62 constituencies,
which
included Makoni South, Chimanimani West and Chipinge South, held by
Vice
President Joice Mujuru’s close allies, against whom the Mnangagwa
grouping
is fighting.
http://www.theindependent.co.zw/
June 14, 2013 in News, Politics
A MESSY
political stand-off between President Robert Mugabe and other
government
principals has erupted after his proclamation of poll dates
yesterday to
meet the recent contentious Constitutional Court (Concourt)
ruling ordering
general elections by July 31, setting the stage for a
bruising contest
ahead.
Report by Faith Zaba
Mugabe yesterday notified Prime
Minister Morgan Tsvangirai, leader of the
MDC-T, and Industry and Commerce
minister Welshman Ncube, who heads the MDC,
he had proclaimed July 31 as the
general elections date. He fixed June 28 as
the date for nomination of
candidates and September 11 as the date for a
possible presidential election
run-off.
This came after Mugabe had used his emergency measures through
the
Presidential Powers (Temporary Measures) Act to amend the Electoral Act
as
waiting for parliament to do so next week was inconvenient.
The
Concourt now faces a flood of court cases resulting from its
ruling in the
Jealousy Mawarire case which Mugabe and Zanu PF have seized on
to push their
political agenda to have elections without reforms and on
their own
terms.
Reacting to the proclamation of the poll dates, Tsvangirai said
Mugabe’s
actions were “a clear, flagrant and fraudulent breach of our
constitution”.
Sources said the MDC-T is today expected to file two Concourt
applications
challenging Mugabe’s proclamation of election dates and
arbitrary use of the
powers of decree.
“The net effect of the
proclamation is therefore to infringe on the
constitutional provisions
obliging the 30-day intensive voter registration
exercise. It will also mean
that President Mugabe is disenfranchising many
people who were registering
to vote, for instance, aliens and first-time
voters. President Mugabe is
also denying political parties and Zimbabweans
the opportunity to inspect
the voters’ roll,” Tsvangirai said yesterday.
“In any event, Section 26A
of our Electoral Act Chapter 2:13 makes it clear
that voter registration for
everyone closes 24 hours before the sitting of
the Nomination Court. This
means that voter registration will now close on
June 27,2013 instead of July
9 2013. A clear, flagrant and fraudulent breach
of our
constitution.”
The new constitution also makes it clear in Section 8 of
the Sixth Schedule
that the forthcoming elections must be conducted in
“terms of the electoral
law in conformity with this
constitution”.
“The new electoral law, according to Section 157, ought to
provide, among
other things, for new issues such as proportional
representation for the
election of senators and the new two disabled
senators and members of the
newly-introduced provincial councils. As has
been widely reported, cabinet
only agreed to the proposed electoral law on
Tuesday. President Mugabe in
calling for an election when the electoral law
has not been passed in
parliament is clearly acting unconstitutionally,” he
said.
The premier also said the use of the Presidential Powers (Temporary
Measures) Act violated the new constitution.
“The Presidential Powers
(Temporary Measures) Act, which in the past allowed
the president to make
laws on his own without parliament, is patently not in
compliance with the
new constitution,” he said.
“For the avoidance of doubt, Section 134A of
the new constitution, makes it
clear that only parliament has the power to
make primary legislation and
that its powers of making law cannot be
delegated to anyone, including the
president. In any event, what is the
material urgency when parliament is
still sitting until June 29
2013?”
The two MDC-T court applications today will bring to six the
number of cases
filed to stop elections from being held by July
31.
Tsvangirai insisted: “The point being made is that President Mugabe
has
acted unlawfully and unconstitutionally and is deliberately creating and
precipitating an unnecessary constitutional crisis. The net effect of
President Mugabe’s unilateral and illegal proclamation is an unmitigated
frontal and rear attack on Sadc, the AU and (South African) President
(Jacob) Zuma and his team.”
He further declared: “No one is going to
force me into an election. I will
not commit suicide.” Ncube, who was just
as shocked as Tsvangirai about the
unilateral proclamations, described
Mugabe as possibly the most “deceitful
politician” he has ever
seen.
“We discussed this matter in cabinet on Tuesday and agreed that
voter
registration will take place until 9 July. We agreed that we would
monitor
voter registration every week and correct any anomalies that may
arise.
After approving the amendments, we agreed that they would be
discussed in
parliament,” Ncube said.
“(Justice minister Patrick)
Chinamasa and our negotiators had also agreed
with the (South African)
facilitation team that there would be no
proclamation of poll dates before
the Sadc summit (tomorrow). That this
could be done on the eve of the Sadc
summit shows that this act is in brazen
contempt of Sadc
leaders.
“The irony in this is, basically that the Constitutional Court
ruled that
elections should be held by July 31 so that we don’t have to rule
by decree.
But we are now having to rule by decree to enforce the
constitutional court
judgment. What an irony!”
Zuma’s international
relations advisor Lindiwe Zulu, who is part of the
South African
facilitation team, and Sadc executive secretary Tomaz Salomao
said the
matter would be dealt with at the Sadc meeting in Maputo tomorrow.
“We
are going to the summit on Saturday (tomorrow) and we haven’t met with
the
negotiators, so I can’t comment on that, but that will be dealt with at
the
summit,” Zulu said.
Simba Makoni, Mavambo/Kusile/Dawn president, said
Mugabe must ensure reforms
are adopted before credible, free and fair
elections are held.
http://www.theindependent.co.zw/
June 14, 2013 in News, Politics
PRESIDENT
Robert Mugabe yesterday triggered a potentially explosive
political battle
with his coalition government partners after proclaiming
dates for general
elections as July 31 following the controversial use of
the draconian
Presidential Powers (Temporary Measures) Act to truncate the
electoral
process by legally dubious means.
Report by Brian Chitemba
His
confrontational manoeuvres and resultant political storm came on the eve
of
the crucial Sadc summit in Maputo, Mozambique, to discuss Zimbabwe’s
political and security situation, particularly to review the Global
Political Agreement (GPA), attendant roadmap and poll funding ahead of the
elections.
Mugabe wrote to Prime Minister Morgan Tsvangirai and
Industry and Commerce
minister Welshman Ncube, unilaterally informing them
elections will be held
on July 31, while saying he was implementing a recent
controversial
Constitutional Court (Concourt) order.
“In my capacity
as President of the Republic of Zimbabwe, I hereby inform
you that I have
today issued a proclamation calling for the holding of
harmonised elections
and fixing June 28 2013 as the date for the nomination
of aspiring
candidates and July 31 2013 as the date for holding polls,”
Mugabe said in
his letter.
“This proclamation has been preceded by the enactment of the
Electoral
Amendments that were approved by cabinet on 11 June
2013.
Given the need to comply with the deadline for elections as imposed
upon me
by the Constitutional Court judgment, it became inexpedient to await
the
passage through parliament of the electoral (Act).”
He also said
in the event that no one wins the first round of the
presidential election,
the run-off will be held on September 11 after the
United Nations World
Tourism Organisation conference in Victoria Falls from
August 24 to
29.
In a move which disregarded Tuesday’s collective cabinet decisions,
Mugabe
used the authoritarian powers of decree to by-pass a parliamentary
process
which was supposed to amend the Electoral Act to include issues
related to
the registration of voters, a code of conduct for political
parties,
candidates participating in elections, a system of proportional
representation for senators and seats reserved for women, disabled senators
and members of the newly introduced provincial councils.
Tsvangirai
immediately rejected Mugabe’s unilateral proclamation of
elections dates,
saying it was “a clear, flagrant and fraudulent breach of
our constitution”.
He vowed to fight Mugabe’s bid to railroad the nation
into elections before
full implementation of critical reforms as outlined in
the
GPA.
Mugabe’s manoeuvres are also facing stiff resistance from other
political
parties and the issue is expected to dominate the Sadc summit
tomorrow.
Mugabe gazetted Statutory Instrument 85 of 2013 amending the
Electoral Act
in a situation he said was necessitated by urgency and public
interest. He
said he used the controversial Presidential Powers (Temporary
Measures) Act
to comply with the Concourt judgment of May 31 which ordered
him to proclaim
dates for elections by not later than July 31.
Law
experts said the use of Presidential Powers to amend electoral laws was
unconstitutional since Section 157(1) states that only an Act of Parliament
can be used.
Mugabe used his contentious powers to unilaterally amend
the Electoral Act
and include a provision which extends the voter
registration exercise by 12
days after nomination day.
Initially,
Section 26A of the Electoral Act 2:13 provided that voter
registration was
supposed to be finalised 24 hours before the nomination
court sits after
which the constitution required that 44 days elapse between
the proclamation
of election dates and polling day.
Mugabe used his sweeping powers to
repeal Section 26A and insert a new
provision for the closure of the voters’
roll 12 days after nomination day
in a bid to fit the processes within the
July 31 deadline.
“No person shall be registered as a voter for the
purposes of voting at any
Presidential election or election of members of
the National Assembly or
councillors unless he or she lodges a claim for
registration or transfer of
registration under Section 24 or 25 no later
than 12 days after the
nomination day fixed in terms of a proclamation
referred to in Section 28 or
a notice referred to in Section 39, as the case
may be, in relation to that
election,” the amendment says.
The MDC
formations expected the elections would be held by August 25 given
that the
mandatory mobile voter registration which began on June 10 was
supposed to
end on July 9, after which the proclamation of elections dates
would have
been on July 10. The constitution provides that the nomination
court can
only sit between 14 and 21 days of the proclamation, meaning the
date that
was expected for the court to sit was July 24, not June 28 as
Mugabe
arbitrarily set.
As the new constitution provides for a minimum 30-day
period of campaigning
to a maximum of 42 days before polling day, it meant
after the July 24
nomination, elections could only have been held at least
on August 25.
But Mugabe used the Concourt ruling and his powers of
decree to stampede the
nation into elections, something he had failed to
achieve since 2011.
http://www.theindependent.co.zw/
June 14, 2013 in News,
Politics
THE 30-day mandatory mobile voter registration exercise started
amid chaos
as despondent aspiring voters accused the Registrar-General’s
Office of
employing delaying tactics to frustrate the electorate while many
were
turned away for various reasons.
Report by Hazel
Ndebele
A survey by the Zimbabwe Independent this week showed that the
exercise
which started on Monday was engulfed by chaos despite desperate
efforts by
cabinet to implement a raft of changes to smoothen the
process.
But potential voters complained the bottlenecks that chocked the
initial
voter registration conducted between April 29 and May 19 remained
with the
situation worsened by what would-be voters described as a “go-slow”
by the
RG’s officers.
“We have been here since 5am and only less than
20 people have been served,”
said Janet Ncube when the Zimbabwe Independent
visited Mai Musodzi Hall in
Mbare on Wednesday afternoon. “This is our
second day here and it seems we
are not going to be served
again.”
Angry aspiring voters at Huruyadzo Shopping Centre in Chitungwiza
could not
contain their disappointment as they claimed the “go slow” was a
deliberate
attempt by Zanu PF to deter urbanites from registering as the
party has
often fared badly in urban areas.
“Tasvika pamapenalties
chaipo apa saka hazviite kuti tidzokere tisina
kuregister (we are at a
crucial point in as far as elections are concerned
and we cannot go back
without registering),” said Tapiwa Mamvura.
The current voter
registration exercise has not been widely publicised and
hundreds of people
are still being turned away.
“We are travelling long distances just to
come and register here. They
should have increased the number of
registration centres to ease this
congestion,” said Nicholas Banda at
Sunningdale Community Hall.
Zimbabwe Electoral Commission chairperson,
Justice Rita Makarau, has
accepted that the first mobile voter registration
was not a success and
promised to correct the problems.
Meanwhile,
Makarau on Wednesday said her organisation was constrained by the
limited
mandate accorded to it by law and financial dependence on
Treasury.
Makarau made the remarks in parliament where she was briefing
legislators on
the body’s preparedness to hold general elections under the
new constitution
in the face of the Constitutional Court ruling that polls
must be held by
July 31.
Makarau said the electoral body could not do
much in regulating skewed
reporting and hate speech in the media, especially
the broadcasting sector,
before the election dates are
proclaimed.
“Zec’s function to monitor the content of broadcasters will
only kick in
after the proclamation of the elections date,” Makarau
said.
“That is the time when broadcasters have an obligation to bring
their
programmes for vetting to us; thus before proclamation we don’t have
any
teeth.”
Makarau was responding to Senator Tendayi Makunde who had
asked if the
electoral body had put in place a code of conduct for political
parties and
the media ahead of the general elections. She said Zec had
received limited
funding from Treasury but remained ready to deliver
credible elections.
“Zec is ready in terms of logistics and human
resources,” Makarau said,
“However it is an open secret that we are under-
resourced. Out of a budget
of US$150 million we only received US$25 million
and we are simply awaiting
the release of the money.”
http://www.theindependent.co.zw/
June 14, 2013 in News, Politics
AFTER many
months of haggling over primary elections guidelines, Zanu PF is
likely to
plunge into further turmoil as its bigwigs face stiff challenges
in the
internal polls set to be held in a single day.
Report by Brian
Chitemba
The politburo held meetings on Wednesday and Thursday to
finalise
contentious primary elections guidelines as it prepares for the
plebiscite
President Robert Mugabe wants held before July 31 as ordered by a
recent
constitutional court ruling.
The primaries present
faction-riddled Zanu PF with serious challenges as
senior party officials
have to prove their mettle against ‘young turks’,
police officers and CIO
operatives.
Like in the MDC-T where sitting MPs fell by the wayside
during the primaries
which are yet to be finalised, the same bloodbath is
expected in sharply
divided Zanu PF when party members vote for their
representatives in
imminent crucial polls.
In Manicaland, outspoken
Zanu PF secretary for administration Didymus Mutasa
will be challenged by
Women’s Affairs ministry director Christopher
Chingosho for the Headlands
constituency.
Justice and Legal Affairs minister Patrick Chinamasa, said
to be a close
ally of Defence minister Emmerson Mnangagwa, will battle it
out with Arda
chairman Basil Nyabadza — a Vice-President Joice Mujuru
associate — in
Makoni Central, while Manicaland governor Christopher
Mushohwe squares off
against businessman Jonathan Kadzura in Mutare
West.
Journalist-cum-businessman Supa Mandiwanzira will have to beat ZBC
general
manager finance, retired Brigadier-General Elliot Kasu for the right
to
stand in Nyanga South, whereas Agriculture minister Joseph Made will not
go
unchallenged in Makoni West which youth league member Kudzie Chipanga is
vying for.
There is a battle of senior policemen in Buhera West where
Assistant
Commissioner Oliver Mandipaka fights it out with his boss, Senior
Assistant
Commissioner Ronald Muderedzwa, while drama is expected in Makoni
South
where Senator Monica Mutsvangwa contests Nyasha Chikwinya and six
others. In
Chamanimani East, battle lines are drawn between Economic
Planning and
Investment Promotion Deputy minister Samuel Undenge and youth
league
official Joshua Sacco.
Women’s League boss Oppah Muchinguri,
politburo member Kumbirai Kangai and
retired Major-General Mike Nyambuya are
said to be eyeing senatorial seats
decided through proportional
representation, while ousted provincial
chairman Mike Madiro is said to be
contemplating standing as an independent
candidate. A staggering 15
politicians are eyeing Mutare North.
Elsewhere in Zvimba North, Local
Government minister Ignatius Chombo is
having sleepless nights plotting to
save his constituency from ex-wife
Marian, and close Mugabe relative Edwin
Matibiri. Mugabe’s nephew Patrick
Zhuwawo locks horns with his nemesis, CIO
operative Francis Mukwangwariwa in
Zvimba East.
In the politically
volatile Epworth constituency, former Mines minister and
Zanu PF Harare
provincial chairman Amos Midzi faces a challenge from Coxwell
Chigwanha, who
claims he was chosen by the people to challenge the
ex-diplomat.
A
group of young turks challenging the old guard has also stirred a storm in
the former liberation movement with Affirmative Action Group’s Chamu
Chiwanza eyeing the Mabvuku constituency, which is also targeted by Zimbabwe
Mining Development Corporation chairman Goodwills Masimirembwa.
Danny
Kasukuwere, younger brother to Minister of Youth Development,
Indigenisation
and Empowerment, Saviour Kasukuwere, is challenging
businessman Kenneth
Musanhi while another Kasukuwere brother, Tongai, is
said to be eyeing Mt
Darwin East constituency.
Mashonaland Central provincial chairperson,
Dickson Mafiosi, is facing
competition in Mt Darwin North from a police
officer only identified as
Superintendent Muponora.
In Bindura South,
businesswoman Verna Madake will battle it out with farmer
Remigio Matangira
while Mashonaland Central governor Martin Dinha is eyeing
one of the two
Bindura constituencies.
In Chinhoyi, businessman Phillip Chiyangwa will
contest for the Chinhoyi
seat after benefiting from the relaxation of party
regulations stating that
only those with a minimum five-year membership in
the party should contest.
Chiyangwa was only re-admitted into the party over
a year ago.
Fireworks are expected in Masvingo South where Tourism and
Hospitality
minister Walter Mzembi is being challenged by serving CIO
operative Lesley
Humbe and Colonel Phillip Toperesu, a serving member of the
Zimbabwe
National Army. Copac co-chairperson Munyaradzi Paul Mangwana is set
to fight
it out with Ephraim Gwanongodza for Chivi Central in the party’s
primaries,
while Tongai Muzenda fights it out with Masvingo chairperson
Lovemore
Matuke.
Zimpapers chairperson Paul Chimedza is interested in
the Gutu North seat.
Former Reserve Bank of Zimbabwe senior employee
Munyaradzi Kereke and
musician Elias Musakwa are gunning for Bikita West.
Eddison Zvobgo (jnr) is
wrestling Edmund Mhere for the Masvingo Central
seat.
Masvingo governor Titus Maluleke and retired Brigadier-General
Callisto
Gwanetsa want senatorial seats while retired Brigadier- General
Livingstone
Chineka, a former Zaka East parliamentary representative, is
also said to be
interested in representing Zanu PF on the Zaka Senate
seat.
In Matabeleland, Mines minister Obert Mpofu’s brother Bekithemba
Mpofu is
vigorously campaigning for the Hwange West
constituency.
Politburo member Eunice Sandi-Moyo is said to be eyeing one
of the urban
constituencies in Bulawayo.
Public Service deputy
minister Andrew Langa is battling to protect his
Insiza North seat from
Patrick Hove’s challenge. Former Information and
Publicity minister
Politburo member Sikhanyiso Ndlovu, who has lost the
previous three
parliamentary polls from 2000, is campaigning in Mpopoma
where he has been
regularly donating an assortment of goodies since the
beginning of
2012.
Home Affairs co-minister Kembo Mohadi and his wife Tambudzani are
also
campaigning to keep their Beitbridge seats. Kembo is the Beitbridge MP
while
Tambudzani holds the senate seat.
http://www.theindependent.co.zw/
June 14, 2013 in News,
Politics
ZANU PF Manicaland vice-chairperson, retired lieutenant-general
Mike
Nyambuya has pleaded with disgruntled party youths not to dump the
former
liberation movement after they vociferously expressed deep concern
over
their exclusion in the indigenisation programme spearheaded by
Indigenisation minister Saviour Kasukuwere.
REPORT BY CLAYTON
MASEKESA
The youths said they are concerned by the alleged looting of
diamonds in
Chiadzwa by influential people from outside
Manicaland.
Nyambuya last week told an intra-party district conference in
Makoni he
feared Zanu PF would lose the forthcoming elections if it failed
to address
the concerns of the youths.
“If we go into the elections
without first solving the youths’ concerns and
also finding solutions to the
divisions in the party, we will lose the
elections,” Nyambuya
warned.
He reminded party colleagues that the youths constitute a large
number of
voters.
However, the Zanu PF youths said they were tired of
unfulfilled promises.
The youth groups in the province threatened to jump
ship and join the MDC-T.
The secretary-general of Marange Youth
Empowerment Trust, John Kaisi, said:
“We were promised claims in Chiadzwa
and Penhalonga as part of initiatives
to empower us. But up to now we do not
have anything to show. They only want
us when we approach elections and this
time we are saying no.”
Zanu PF Manicaland Youth Assembly secretary for
information and publicity,
Pemberai Marudza, said the party was being
weakened by corrupt senior party
officials.
http://www.theindependent.co.zw/
June 14, 2013 in News, Politics
SEVERAL
cabinet ministers, mostly from Zanu PF, have for the past five
months been
ducking questions from MDC-T MPs on government’s policy relating
to the
alleged partisan conduct of central intelligence officers (CIOs), the
recruitment and promotion of police officers, diamond revenue, the Essar
deal and monies owed to Zesa by the executive.
Report by Paidamoyo
Muzulu
Questions from Mazowe Central MP, Shepherd Mushonga and Kwekwe
Central MP,
Blessing Chebundo, on the conduct of the police and CIO, which
have been on
the order papers since February, were raised as MDC-T called
for security
sector reforms ahead of general elections ordered by the
Constitutional
Court to be held on or before July 31.
Mushonga on May
22 asked the minister of State Security: “What is the
ministry’s policy with
regards to state intelligence officers who are openly
partisan and hold
provincial and central committee positions in Zanu PF?”
Mushonga further
inquired: “If state security intelligence agents are
partisan and belong to
political parties, how will they protect members of
government who do not
belong to their preferred political parties who are in
government? Does this
not compromise their (members of government) security,
safety and
privacy?”
Chebundo on February 13 asked co-ministers of Home Affairs
Kembo Mohadi and
Theresa Makone to “explain and justify why the Zimbabwe
Republic Police
(ZRP) was enrolling or integrating its general hand
employees as regular
police officers and issuing them with police ID cards
with different ranks
and enlisting them with the Salary Services Bureau
(SSB)?”
Chebundo cited 13 such cases from around Kwekwe district where
individuals
were employed and some promoted as officers in an allegedly
clandestine
manner. Several other ministers have also not responded to
written questions
over the past five months.
Industry and Commerce
minister Welshman Ncube has not responded to a
question from Chebundo on why
the New Zimbabwe Steel Company is failing to
take off despite the deal with
Indian Investors, Essar Holdings. Chebundo
also wanted to know what measures
were in place to address the plight of the
workers at NewZim Steel and
Zimasco.
Energy and Power Development minister, Elton Mangoma, is still
to respond to
a question from Chebundo on how much ministers, their deputies
and senior
government officials owe Zesa and what measures have been put in
place to
recover the debts.
Mines and Mining Development minister
Obert Mpofu has not responded to
questions from Mushonga relating to Marange
diamond mining. Mushonga wanted
to know the gross output from July 2012 to
January this year in all the
seven mines operating in Marange, and what
gross dividend government had
received from its 50% ownership.
Public
Service minister Lucia Matibenga and Ignatius Chombo (Local
Government) are
among ministers who have also not responded to questions
sent to them since
February this year.
Analysts at various forums have said the seventh
parliament, due to expire
at the end of this month, has been the least
productive since Independence
in 1980. They, however, say the development
may have been caused by the
nature of the coalition government incepted in
February 2009 following the
signing of the Sadc- facilitated Global
Political Agreement.
http://www.theindependent.co.zw/
June 14, 2013 in News, Politics
THE
controversial Constitutional Court (Concourt) ruling that elections
should
be held by July 31 this year has placed President Robert Mugabe in a
cauldron, given that he has to comply with the court order while at the same
time upholding the constitution and provisions of the Electoral Act, which
set timelines for the plebiscite.
Report by Elias
Mambo
Mugabe, who quickly embraced the judgment saying he would comply,
is under
immense pressure to also ensure provisions of the new constitution
are not
violated.
Mugabe, who has been pushing for early elections since
2010, is in a
quandary because he will not be able to fully comply with the
Concourt
ruling while simultaneously upholding the Electoral
Act.
Mugabe is also under pressure from Sadc and the MDC formations in
the
inclusive government who are demanding full implementation of democratic
reforms outlined in the Global Political Agreement — precursor to the unity
government.
The MDCs argue elections could be held by October 29 to
allow the
implementation of reforms since the constitution provides that
elections can
be held four months after dissolution of parliament on June
29.
Derek Matyszak, a researcher with the Research and Advocacy Unit
(RAU)
insists Mugabe has to uphold provisions of the new constitution if
elections
are to be credible.
“The new constitution provides that
there must be a minimum of 30 days
between nomination day and the elections,
taking the earliest date for
elections, if these laws are to be complied
with, to August 3. The president
cannot comply with both the Electoral Act
and the constitution and the
Concourt order all at the same time given these
realities,” Matyszak wrote
in the Independent last week.
He added:
“The new constitution provides that the Electoral Act cannot be
changed once
the election dates have been announced. But the Electoral Act
must be
changed to accommodate the new provisions in the constitution
relating to
proportional representation before the election. Parliament,
dominated by
the MDC parties, is now unlikely to allow an early passage of
the amending
Bill.”
Besides the above processes, according to Matyszak, the new
constitution
also provides that there must be at least 44 days between the
announcement
of the election date and the actual elections.
If the
amendment to the Electoral Act is only passed after June 17, and the
president waits for the change to take place, as the constitution requires,
before announcing the election dates, there will be less than 44 days left
between the announcement of the elections date and July 31.
The 44
days are therefore the minimum period between the proclamation and
the
elections.
Four days after the Concourt ruling, Zec chairperson Rita
Makarau said her
commission would not be ready to supervise elections by
July 31 as “the
voters roll is still in a shambles.”
MDC-T, MDC,
Zapu, Zanu Ndonga and Mavambo/Kusile/Dawn, in a rare show of
solidarity,
agreed to push Sadc to stop Mugabe from proclaiming election
dates before
full implementations of electoral and democratic reforms.
Sadc developed
an elections roadmap to guide the country to credible, free
and fair
elections after the disputed 2008 elections and regional leaders
demanded at
summits in Livingstone, Zambia, Sandton in Johannesburg, South
Africa, and
in Luanda, Angola, the need for Zimbabwe to follow the roadmap
prior to
elections.
However, Zimbabwe Democracy Institute Director Pedzisai
Ruhanya said Mugabe
failed to foresee the impact of the Concourt ruling
because he was
pre-occupied by his rush to hold elections.
“Now he
(Mugabe) is in a difficult position because he has to meet the
deadline as
well as implement the reforms in order to get legitimacy from
the regional
body, Sadc and the international community,” he said.
Ruhanya also said
the other unforeseen effect of the court ruling was the
opportunity it had
given to the opposition parties to come together and
fight from the same
corner.
While Sadc, on numerous occasions, has been criticised for
treating Mugabe
with kid-gloves, analysts say it is unlikely that the
regional body will
rubber-stamp Zanu PF’s position, even if Mugabe is armed
with the Concourt
ruling. Public Policy and Governance manager at the
Institute for a
Democratic Alternative for Zimbabwe, Jabusile Shumba, said
Sadc was likely
to intensify pressure for credible elections.
“Sadc
will intensify pressure on Mugabe because all other parties have shown
how
serious elections are by holding internal polls for candidates to
represent
them in the harmonised elections, except for Zanu PF which has not
even
finalised rules for its polls,” Shumba said.
Habakkuk Trust chief
executive officer Dumisani Nkomo said the Concourt
ruling was like a
double-edged sword aimed at Mugabe.
“The ruling is a double-edged sword
aimed at Mugabe, whose party is in a
shambles and not even ready for its own
internal elections and, on the other
hand, Sadc requires the implementation
of its initiated election roadmap,”
Nkomo said.
“We have to see how
Mugabe emerges out of this self-imposed conundrum
without amputating part of
his dignity,” he said.
Observers claim if Mugabe wants to comply with the
ruling, he has to make
sure that reforms are implemented and that all the
electoral processes
stipulated in the new constitution are followed to the
letter, demands that
make it practically impossible to meet the July 31
deadline.
Cabinet on Tuesday endorsed proposed amendments to align the
Electoral Act
with the new constitution, with prospective candidates for the
forthcoming
elections now being able to submit their nomination papers to
Zec for
scrutiny before the sitting of the nomination court, among other
changes.
The Concourt ruling has also opened what could turn out to be a
flood of
petitions with individuals filing papers to stop elections from
being held
on July 31.
By Wednesday this week two people had approached
the courts to file their
petitions. Last Friday, A Bulawayo woman, Maria
Phiri, filed a Supreme Court
application seeking to overturn a
Constitutional Court ruling to have polls
held before July 31, while another
Harare man, human rights activist Nixon
Nyikadzino also made an application
at the ConCourt on Monday seeking to
compel Mugabe to proclaim an election
date only after complying with
constitutional requirements.
Pressure
is also mounting on Mugabe who tomorrow will face regional leaders
at the
Sadc extra-ordinary summit in Maputo, Mozambique, which will deal
with
Zimbabwe’s preparedness for elections, poll funding and the contentious
Concourt ruling.
Quoting the Latin maxim Lex non cogit ad
impossibilia (the law does not
require one to do the impossible) Zimbabwe
Lawyers say Mugabe does not have
to do what is practically and legally
impossible to meet the July 31
deadline. Constitutional lawyer and MDC
minister, David Coltart, suggested
that the only way out of the
“constitutional quagmire” is to go to the
Constitutional Court for a fresh
court order enabling the country to avoid
being in contravention of other
electoral provisions and the constitution.
http://www.theindependent.co.zw/
June 14, 2013 in News, Politics
ZANU PF has
hijacked plans by the late vice-president Joshua Nkomo’s family
and other
organisations in Matabeleland to declare July 1 a Joshua Nkomo and
Liberators’ Day in honour of the late veteran nationalist’s immense
contribution towards nation-building.
Report by Brian
Chitemba
The son of the late vice-president, Sibangilizwe Nkomo, has been
at the
forefront of pushing government to declare July 1 a national holiday
from
this year onwards, as the country marks the 14th commemoration of
Nkomo’s
death. Nkomo died on July 1, 1999 after a long battle with
cancer.
This year’s commemorations will be held at Stanely Square in
Bulawayo’s
sprawling suburb of Makokoba, where several liberation icons and
civil
rights activists lived prior to Independence.
As part of the
commemorations, there will be a march from Nkomo’s retail
outlet Blue Lagoon
to Stanley Square.
Having written several times to the Home Affairs
ministry to have July 1
declared a national holiday without getting a
response, the Nkomo family
remains undeterred. However, the family’s idea
has now been appropriated by
Zanu PF bigwigs in Matabeleland who allegedly
want to gain political mileage
before the forthcoming
elections.
Party insiders told the Zimbabwe Independent this week
politburo and central
committee members in Matabeleland met last weekend at
Davies Hall — the
party’s Bulawayo provincial headquarters — where they
unanimously agreed to
take over the idea to declare July 1 a holiday and
score political points.
The central committee members met for several
hours to deliberate on Nkomo
Day at a gathering chaired by Matabeleland
South governor and politburo
member, Angeline Masuku.
After the
endorsement of Nkomo Day, the politburo members promised to push
government
to ensure July 1 is declared a holiday.
“We were surprised that central
committee and politburo members are planning
to hijack the Nkomo Day idea
which was initiated by the Nkomo family and
some members of Zapu. It’s an
election strategy just to gain sympathy and
garner votes,” said a party
official.
With shambolic structures and dwindling support in the
Matabeleland region,
Zanu PF hopes to lure the electorate and regain
popularity ahead of polls
through association with the Nkomo
brand.
Plans to honour Nkomo through the erection of a life-size statue
in Bulawayo
along Main Street flopped due to lack of funding after an
initial attempt
was reversed as the Nkomo family complained over
government’s unilateral
decision without consulting other
stakeholders.
Main Street, one of the major roads in Bulawayo, was also
supposed to be
renamed after Nkomo, but this is yet to be done.
A
radical Matabeleland-based traditional and cultural group, Matojeni
Cultural
Society “Isifiso Sikazulu”, has already declared July 1 a public
holiday
without government’s consent.
Zanu PF’s push to honour Nkomo is widely
viewed as hypocritical given that
the nationalist was persecuted by
President Robert Mugabe’s regime in the
1980s during the Gukurahundi
massacres which left more than 20 000 dead in
Matabeleland and the
Midlands.
Nkomo, affectionately known as uMdala Wethu, only managed to
stop the
killings and abuse after he agreed to a controversial December 22
1987 Unity
Accord, which critics saw as “the swallowing of PF Zapu by Zanu
PF”.
http://www.theindependent.co.zw/
June 14, 2013 in News
AFTER attaining
Independence in 1980, Zimbabwe was regarded as an economic
powerhouse in
Southern Africa, with hundreds of thousands employed in its
industries. Many
of the workers were middle-income earners.
Report by Hazel
Ndebele
The country was also a major agricultural producer in the
region.
As the years passed by, Zimbabwe’s literacy rate increased to
more than 90%,
making the country an oasis of remarkable human capital
development.
This is borne out by millions of locals employed by
multinational
conglomerates across the globe, especially after the turn of
the century
when most skilled and experienced workers fled an economic
malaise that saw
the unemployment rate skyrocketing to above 80%.
The
job situation worsened from 2000, with undergraduate students from all
universities sharing a common fear — the reality of unemployment in a
moribund economy with less than 40% capacity utilisation.
To date,
companies continue scaling down operations while others are closing
down
completely. As of 2011, close to 100 firms in Bulawayo alone had shut
down,
rendering more than 20 000 jobless, according to the Ministry of
Industry
and Commerce.
The shrinking economy, characterised by massive job losses
is attributed to
bad economic policies dating back to the 1990s during the
days of the
Economic Structural Adjustment Programme (Esap) where companies
routinely
retrenched to weather the economic storm.
Now, thousands of
graduates churned from the University of Zimbabwe (UZ),
National University
of Science and Technology, Midlands State University,
Great Zimbabwe
University, Africa University, Chinhoyi University of
Technology, Catholic
University and polytechnic colleges as well as private
tertiary institutions
can only join the informal sector, which is
predominantly engaged in
cross-border trading in cheap Chinese products
imported from South Africa,
Tanzania, Zambia and Botswana.
The harrowing stories of graduates forced
into cross-border trading, the
main trade in the informal sector, is
testimony to the shattered dreams of
aspiring professionals.
Blessed
Ncube, a Bulawayo graduate in her mid-20s with a Bachelor of Arts
Degree
from UZ attained two years ago, has joined the sea of informal
traders who
are earning a living from re-selling clothes imported from South
Africa.
“I have since failed to secure a formal job since I
graduated, which is why
I have settled to buying and selling clothes to help
with my day-to-day
expenses while I look for a formal job,” she
said.
The gloomy Zimbabwean economic picture was buttressed by last
week’s Poverty
Income Consumption and Expenditure Survey (Pices) report
which indicated
that a paltry 22% are in the formal sector while 57% of
workers are employed
in agriculture.
The report further states the
informal sector is flooded with young people
aged between 15 and 34
years.
Confederation of Zimbabwe Industries president Kumbirai Katsande
said
Zimbabwe’s economy shrunk further in the first five months of the year
mainly due to de-industrialisation in Bulawayo, once the country’s
industrial hub, further swelling unemployment figures.
But Finance
minister Tendai Biti shocked the nation last week when he
claimed the
national employment rate was above 90%, sparking criticism from
economists
who accused the minister of contradicting his MDC-T economic
blueprint —
Jobs Upliftment Investment Capital Ecology (Juice) which aims to
create a
million jobs between 2013 and 2018.
Biti based his argument on the Pices
report by Zimstat, which says
employment stood at 91%, with the majority of
the people engaged as farmers,
taxi drivers or hairdressers.
Contrary
to Biti’s assertions, Prime Minister Morgan Tsvangirai last year
bemoaned
that high unemployment was one of the major problems dogging the
country.
“We need to create jobs for the people and reduce the 80%
unemployment rate.
Most of the country’s youth are roaming the streets,”
Tsvangirai said.
Economist Takunda Mugaga said Biti’s employment rate figures
were misleading
and unfair to ordinary people.
“The reason why many
young people are engaging in informal jobs is because
of failure to secure
formal jobs and this should not be seen as normal,
employment is not created
in the streets,” said Mugaga.
“A visit to most of the industries in
Zimbabwe will illustrate the level of
unemployment in the
country.”
It is impossible for the country to have 90% unemployment when
the economy
is operating below 48% in terms of capacity utilisation, Mugaga
said.
Economist John Robertson said the unemployment rate remained high,
with less
than 900 000 people formally employed out of 13
million.
“It is very unfortunate that the government defines employment
as informal
jobs, yet most people involved in informal activities would
prefer to get a
formal job with a steady stream of income,” Robertson
said.
He added that people in the informal sector were hard-pressed to
access bank
loans because they naturally did not have the necessary
paperwork to access
credit lines.
“The majority of the people who
constitute the informal sector are deprived
and have serious disadvantages
because whenever one needs a credit facility,
a payslip is needed, but these
informal traders on the pavements do not have
such documentation,” Robertson
said.
“Unless Zimbabwe takes austerity measures to address political and
economic
problems that continue to stress its economy, the country’s
unemployment
rate will continue to escalate,” he added.
http://www.theindependent.co.zw/
June 14, 2013 in News
THE
new Constitutional Court (Concourt) is unlikely to offer new
jurisprudence
into the law because the same judges who were in the Supreme
Court are the
ones sitting in the Concourt which passed a controversial
judgment ordering
that elections be held by July 31.
Report by Brian Chitemba
The
Concourt, led by Chief Justice Godfrey Chidyausiku, stirred controversy
and
sharp criticism from legal pundits over its ruling after a shadowy
non-governmental organisation — the Centre for Election Democracy in
Southern Africa, run by Jealousy Mawarire — filed an application demanding
President Robert Mugabe should urgently proclaim elections dates, arguing
delays in proclaiming the poll dates violated his constitutional
rights.
The Research and Advocacy Unit (Rau) said the judgement, which
was in line
with Mugabe’s wish to have early elections, was not surprising
since the old
Supreme Court judges now sitting as a Concourt were well-known
for
jurisprudence that favours the executive, particularly the president and
Zanu PF.
The Concourt has nine judges comprising Chidyausiku, his
Deputy Chief
Justice Luke Malaba, Judge President George Chiweshe, Justice
Antoinette
Guvava, Justice Paddington Garwe, Justice Annemarie Gowora,
Justice Vernanda
Ziyambi, Justice Bharat Patel and Justice Ben
Hlatshwayo.
Rau argues the Concourt bench which adjudicated the Mawarire
matter were
members of the Supreme Court whose judgments on constitutional
matters were
questionable.
The appointment of the new court was
unilaterally done by Mugabe, who was
supposed to consult Prime Minister
Morgan Tsvangirai in keeping with the
letter and spirit of the Global
Political Agreement.
Rau said: “Since the new court comprises old judges,
it may have been naive
to expect jurisprudence different from that of the
Supreme Court to emerge.
But it is jurisprudence of this ilk through which
the new Declaration of
Rights in the new Constitution will be
filtered.
“This is a direct consequence of negotiating a new constitution
which did
not provide for a fresh and reconstructed court to adjudicate upon
constitutional matters, but rather the current Supreme Court operating,
under a different name, albeit with a few more judges.”
Rau added
that: “The judges of the new Constitutional Court seized with the
matter
were not fresh judicial appointees who had been through the selection
process set out in Section 180 of the new constitution, which potentially
curbs presidential influence over judicial appointments.”
Rau said
Chiweshe and Hlatshwayo were both likely to comfortably complement
the
Chidyausiku jurisprudence, given that these judges were well-known for
ruling in favour of the executive and Zanu PF.
For instance, in 2011
Chiweshe dismissed an application which pointed out
that the constitution
provides that there “shall” be 31 ministers in the
inclusive government, yet
Mugabe appointed 41. Chiweshe ruled that 41 “does
not outrageously exceed”
the stipulated 31 and he would take a “broad
approach” to constitutional
interpretation, saying the purpose of the then
constitution was to create
stability.
The Chiweshe ruling was heard on appeal nine months ago but
the Supreme
Court is yet to issue a ruling and is unlikely to do so before a
new
government is formed.
Therefore, the previous controversial
rulings by the judges who now sit in
the Concourt has put the highest court
of the land under the spotlight.
In the Mawarire case, Chidyausiku penned
the judgment for the majority, with
six judges appending words “I agree” to
the Chief Justice, save for Malaba
and Patel, who had dissenting
opinions.
They said the majority was wrong in its ruling as the old
constitution,
which together with the new one will be used to hold the next
elections
during the transitional period, allows for the polls to be held
within four
months after the dissolution of parliament, either by the
president before
its tenure ends, or automatically when it
expires.
Rau further argued the Concourt judgement was incorrect because
it is
impossible for the country to hold polls by July 31 considering
outstanding
processes that need to be implemented as provided by the new
governance
charter.
The Mawarire order, Rau said, created a
possibility that the president may
not be able to comply with both the court
order and the constitution because
provisions of the new constitution
stipulate that there must be at least 44
days between the proclamation of
the election dates and election day.
The new constitution also provides
that the Electoral Act cannot be changed
once the election dates have been
announced, meaning the president may not
proclaim poll dates until the
amendments to the Electoral Act have been
finalised.
“There is no
guarantee that the MDC formations will agree to the amendments
at least 44
days before July 31, 2013. The president will then either have
to violate
the constitutional requirement that 44 days elapse between the
electoral
proclamation and the election itself, or fail to meet the July 31,
2013
deadline,” said Rau.
“Furthermore, the 44 days is the minimum period
between the proclamation and
the election. The last amendment to the
Electoral Act, responding to a
request from the Zimbabwe Electoral
Commission which believed the previous
42 days too brief for logistical
purposes, extended the minimum period to 56
days. If this or a similar
period is retained, the president will not be
able to comply with the
Concourt order and the Electoral Act
simultaneously.”
Rau suggested
that it could have been more appropriate for the Concourt to
order that
elections be held within a minimum period of four months as
provided for by
the new constitution.
http://www.theindependent.co.zw/
June 14, 2013 in
Business
ZIMBABWE’s tourist arrivals increased 17% to 404 282 in the
first quarter of
2013, helped by the growth in regional trade and commerce
through transiting
business vistors.
Report by Gamma
Mudarikiri
A report released by the Zimbabwe Tourism Authority (ZTA)this
week showed
that last year tourist arrivals plunged 26% to 1 794 230,
weighed down
mainly by a drop in visits from mainland Africa which fell by
close to 25%.
Arrivals in the three months to April this year, however,
rose to 404 282,
up from 346 299 recorded in the same period the previous
year.
“This growth is clearly a witness of the country’s improved destination
image, resuming competitiveness in the region,” said ZTA in the
report.
“The ever increasing regional trade and commerce also contributed
immensely
to the growth through indirect transiting tourists and business
arrivals as
shown by the current 40% increase in business tourists and 65%
increase in
shopping tourists.”
Arrivals from mainland Africa grew
12% to 346 428, up from 308 646 recorded
in the same period the previous
year with South Africa, Mozambique and
Zambia contributing close to 70% of
all arrivals from the region.
This is a recovery from a 23% drop to 1,56
million arrivals recorded last
year which ZTA said was largely influenced by
the fall in the number of
visitors from South Africa, a major African
market.
As most tourists from the country travel by road this raises
concern over
issues such as smooth clearance at border posts and the current
poor state
of the road network in Zimbabwe.
“It should also be noted
that the sluggish growth of the South African
economy to 2,8% from 3,1% in
2011 that is currently prevailing is to an
extent an additional factor to
the decline,” added ZTA.
However, Africa in the first three months of
this year contributed 86% of
the arrivals market share to Zimbabwe, followed
by Europe of 8%, Asia 3% and
Americas 3%, while Oceania and the Middle East
markets remained depressed,
with less than 2% of the arrivals into the
country.
Overall arrivals from the overseas market in the first quarter
of 2013 grew
54% to 57 854 on the backdrop of an increase in arrivals, from
Europe and
Asia. Europe contributed 54% of the overseas arrivals followed by
Asia and
America with 20% of the overseas market share, while the remainder
was
shared among the Middle East and Oceania.
“While all markets
registered growth, arrivals from Europe and Asia
experienced significant
increases which have been to an extent due to the
increased outbound trend,
especially in China and the softening of the
Eurozone crisis,” said
ZTA.
Commenting on hotel occupancy, ZTA said average hotel room occupancy
levels
remained stagnant at 46% while average hotel bed occupancy levels
rose a
percentage point to 35%.
As for lodges, average room occupancy
levels grew two percentage points up
44% while average bed occupancy levels
were also up 5% to 35%.
ZTA however said leisure tourism was still in its
infancy in the country,
especially among the locals.
http://www.theindependent.co.zw/
June 14, 2013 in Business
CORPORATES in
Zimbabwe should adopt hedging products and derivatives to
avoid unnecessary
foreign currency exchange losses, a leading international
trade and currecy
expert said.
Report by Clive Mphambela
At a training seminar on
managing currency risk organised by Zimbabwe Stock
Exchange (ZSE)-listed NMB
Bank Ltd in Harare last week, managing director of
Swapskills, Simon Rogers,
said because Zimbabwean-based companies were using
the United States dollar,
there was a false belief that they were immune to
foreign currency
risks.
Swapskills is a derivatives training firm based in Singapore.
Rogers said
some large Zimbabwean companies that are predominantly
import-oriented were
losing value on their imports because they were
allowing their South African
suppliers to give them prices in US dollars
instead of South African Rands.
“Zimbabwean companies are essentially
being cheated by their South African
suppliers when they get priced in US
dollars because the South African
company will be buying a hedge on the
value of the transaction. Zimbabwean
trading companies should not take it
for granted that just because they have
been offered a price in US dollars
it is the best deal. They should ask for
a rand price and then shop for a
hedging product that will immunise them
from exchange rate movements,”
Rogers said.
He said companies did not have to take full hedges, but
partial hedges of,
say, between 30% and 70% of exposure.
Rogers said
Zimbabwean companies should leverage the huge amount of research
that has
been written on the US dollar and South African rand trading
patterns. The
currency of Zimbabwe’s largest trading partner has been very
volatile in the
past few years.
This week the South African rand tumbled to a low of
R10,36 against the US
dollar and analysts expect it to slide
further.
NMB Bank CEO James Mushore told delegates at the seminar, drawn
from over 60
Zimbabwean companies, that Zimbabwe had slowly been integrated
into the
global economy since dollarisation in 2009.
“This
intergration has come with its own risks. For example, you can no
longer
ignore developments in the Eurozone or the current downward spiral of
the
Rand because it now has a direct impact on how you run your businesses
in
Zimbabwe,” Mushore pointed out.
He said the period of economic decline
between 1998 and 2008, during which
Zimbabwe’s currency was wiped out and
foreign currency became non-existent,
meant that the country had lost out on
a decade of financial innovation,
particularly methods of managing foreign
currency risks.
“We have now become used to cash payments and foreign
exchange terms such as
hedging, forward contracts, swaps or arbitrage are
now rarely used in our
business language, but this is where the world has
moved,” he said.
Mushore said Zimbabwean companies must prepare
themselves for the economy
opening up soon as they will be competing with
international companies that
have access to sophisticated foreign currency
risk management tools.
http://www.theindependent.co.zw/
June 14, 2013 in Opinion
If that’s what politics does
to people, therefore wise men should stay very
far away from
it.
Candid Comment with Itai Masuku
“… for wise men know well
enough what monsters ye (politics) make of them,”
to quote from Act 3 Scene
1 of Shakespeare’s Hamlet. The word politics is an
own insertion. Here,
we’re of course referring to the hallucinatory
statement by the honourable
Minister of Finance, Tendai Biti, that the
unemployment rate in Zimbabwe is
a mere 9%.
We have a dichotomy here in that the “honourable” and learned
Biti has
become a true politician, albeit truth and politics are mutually
exclusive.
And likewise so is honour and politics. That the minister
should insult the
legions of job-seeking Zimbabweans eking a living from
activities deemed
illegal by the state and local authorities such as vending
and hawking, can
only be described as appalling. For, employment, or lack of
it, is a very
straightforward matter.
Simply put, unemployment occurs
when a person who is actively searching for
a job is unable to find it. This
includes those who have given up the
search. And there are countless
graduates, holders of degrees, diplomas,
vocational qualifications and O and
A level certificates who simply can’t
find jobs in Zimbabwe.
Many end
up joining the estimated three million Zimbabweans in the diaspora,
who left
the country precisely because they couldn’t find jobs here.
This is not a
mere thumbsuck; statistics from the Zimbabwe National
Statistics Agency
(Zimstat), which falls under the minister, show the
national unemployment
rate at more than 80%. In addition, figures from both
government and
industry agree that industrial capacity utilisation in the
country is less
than half.
Looked at from the other hand, unemployment is the result of
businesses not
having enough demand for labour to employ all those who are
looking for
work. The lack of employer demand comes from a lack of spending
and
consumption in the overall economy. And as everyone knows, consumption
is
subdued in Zimbabwe because the economy is not performing and is
therefore
illiquid.
Biti conveniently forgets he’s the one who
slashed the economic growth
(recovery, more like) rate by almost half to
4,5%.
Conveniently, too, his statement on the MDC-T website on the
MDC-T’s
economic blueprint, Juice — Jobs, Upliftment, Investment, Capital
and
Ecology is now inaccessible. In that statement and in Juice, the MDC-T
seeks
to create a million jobs because this is a critical problem in
Zimbabwe.
Jobs are not only an acute problem in the country today. They
have been for
the past two decades and a chronic lack of them is the very
reason Biti’s
MDC-T found political space. Biti and the MDC-T should not
delude themselves
that their supporters will back them even if they don’t
deliver and say
absurd things.
Surely, if we have 9% unemployment,
then we’re among the best performing
economies in the world! Employment is a
key economic indicator.
This Bitinomics (remember takakiya-kiya), implies
stronger economies like
Spain, with a 26% unemployment rate, are way behind
us. Or is Biti trying to
spruce up the omnishambles he and his colleagues
from the MDCs and Zanu PF
have presided over for the past five years, now
that this farce is about to
come to an end?
Biti must not pretend the
situation has improved by concocting figures as
this does no good. For the
people can’t pretend to be paid and pretend to
eat. Biti should get
real.
http://www.theindependent.co.zw/
June 14, 2013 in Opinion
It boggles the
mind to figure out Jonathan Moyo’s twisted logic in his daily
rantings in
the state-owned media to which the other parties don’t have
access.
Opinion by Clifford Mashiri
In his latest mouthing,
the Zanu PF politburo member claims MDC-T is, in his
words, “desperately
trying to prolong voter registration beyond the 30–day
minimum
constitutional requirement after realising that it was failing to
get its
supporters to register” (The Herald of June 11, in an article titled
Moyo
alleges MDC-T in panic mode).
While I don’t hold any brief for the MDC-T,
it is worthwhile to expose Moyo’s
flawed reasoning.
Contrary to his
assertions, it is arguable that it is him and his boss
President Robert
Mugabe who should be panicking about the Constitutional
Court
(Concourt)-imposed deadline, than the opposition to Zanu PF.
Firstly,
going by the rationale of a recent Supreme Court application by
Maria Phiri
of Bulawayo, former aliens have to acquire identity cards first
and cannot
immediately benefit from the 30-day voter registration exercise
which began
on June 10 and ends on July 10. As a result, she argues, polls
could only be
held after August 12.
Secondly, Research and Advocacy Unit (Rau)
perceptively notes that to comply
with the Concourt ruling, Mugabe will have
to alter provisions of the
Electoral Act specifically agreed among the main
political parties and which
formed part of the 2007 amendments to the Act —
that is, that voter
registration must end 24 hours before the nomination
court sits.
It is this provision, says Rau, which prevents the president
from complying
with the 30-day registration period in the constitution and
the Concourt
order.
Furthermore, Rau points out that if there is to
be compliance with the law,
it seems that the president will have to ask the
Concourt for a
postponement, which he proved very good at during the
by-election saga.
However, in Rau’s view, “the problem for the president
is that if he is able
to ask for a postponement to another date, this will
then make it clear that
July 31 is not carved in stone by the law, as Zanu
PF would like the
populace to believe”.
Thirdly, going by news
reports from Harare, the former information minister,
and other Zanu PF
“prodigal sons” risk being barred from standing as
candidates unless they
had served in the party as office bearers for a
cumulative period of at
least five years to the primary elections.
It is common knowledge that if
Zanu PF adopts its guidelines on
qualifications for candidates, Moyo could
kiss goodbye to his plan B of
standing as a candidate in Zanu PF’s primary
elections because he was only
re-admitted into the party at the end of 2009
after being expelled in 2005.
Tsvangirai should keep tightening pressure
to thwart Mugabe’s bid to
stampede the country into a farcical election. He
should not relent. If he
does, Mugabe will laugh the whole way to another
sham swearing-in ceremony
as president.
Finally, it is safe to argue
that the recent regrouping of the opposition
coalition against Mugabe’s
dictatorship is causing Moyo sleepless nights as
he realises how he has
failed to raise Zanu PF from its “Lazarus Moment” as
he races against time
before being disqualified in primary elections.
A grand opposition
alliance does not necessarily mean all the parties are
swallowed by MDC-T.
Not necessarily, although a greater convergence would
make things
easier.
The coalition need not be in writing either. However, it’s
regular
visibility like we saw last week, is enough to cause nightmares to
those who
have thrived on political violence and vote-rigging for
decades.
Regardless of how the opposition parties would like to field
candidates for
elections, at least their priority should be in calling for
credible
electoral reforms, media, security sector, human rights reforms,
sufficient
time for voter registration and education, especially on the
electoral
systems, finalisation on dual citizenship, international observers
and, of
course, United Nations funding and supervision of the
elections.
It should be noted that Zanu- PF’s opposition to UN funding
has nothing to
do with sovereignty, but because of a hard-hitting UN panel
of experts
report produced in 2002 accusing the party, military and some
businesspeople
aligned to Mugabe of looting the Democratic Republic of
Congo’s natural
resources, including but not only limited to
diamonds.
Even Mugabe confessed to having been given a mining concession
by the late
DRC president Laurent Kabila. As a result, they were slapped
with sanctions.
Crucially, any opposition alliance cannot be divorced
from the electoral
system, which promises to be a mixture of proportional
representation and
first-past-the-post systems; that is voting for a party
list like we did in
1980 and voting for a particular candidate in
constituencies.
The electoral process is inevitably fraught with serious
challenges ahead
and sharp disagreements cannot be ruled
out.
However, leaders of smaller parties should know that they stand a
good
chance of getting government posts at home and abroad if a grand
opposition
alliance wins elections than if they stand as smaller mushrooming
units.
Ideally, Zimbabwean think tanks should be educating people on the
envisaged
electoral systems and the pros and cons as well as the modalities
of a grand
opposition alliance. It is a civic duty.
Otherwise, Jonathan
Moyo is just singing for his supper.
Mashiri is a political analyst based
in London. He can be contacted on
zimanalysis2009@gmail.com
http://www.theindependent.co.zw/
June 14, 2013 in Opinion
IN arriving at
judgments, it is important that courts do not cultivate the
unsavoury
impression that they are hell-bent on taking us back to the Court
of
Chancery in Charles Dickens’ Bleak House.
Opinion by Percy
Makombe
The Court of Chancery was entrusted with the responsibility of
making fair
and reasonable judgments, but it was not fulfilling its
function.
The word chancery itself is a term in the art of boxing. If you
are
in-chancery, it means your head is held in someone’s hand as he punches
you.
If one gets into Chancery Court, one is thumped, one is hammered. That
was
the feeling I got after reading the decision of the Constitutional Court
(Concourt) ordering President Robert Mugabe to hold elections by July
31.
The majority decision is an exercise in legal sophistry. It is much
easier
for a camel to pass through the eye of a needle than for this
decision to
make sense. The decision is not only poorly argued, but
represents a clear
and present danger to the holding of credible elections
in the country.
At the heart of the contestation is how parliament ought
to be dissolved and
how soon elections take place after this dissolution.
According to the
constitution, there are two ways in which parliament can be
dissolved.
It is either through a presidential proclamation, or at any
rate, an
automatic dissolution after its five-year term comes to an end in
this case
on June 29. Either way it is clear that elections must be held
four months
after parliament is dissolved.
Section 58(1) of the
constitution, which is cited as the basis of the
majority decision penned by
Chief Justice Godfrey Chidyausiku, is clear and
unambiguous on when
elections must held.
It states: “A general election and elections for
members of the governing
bodies of local authorities shall be held on such
day or days within a
period not exceeding four months after the issue of a
proclamation
dissolving parliament under Section 63(4) as the president may,
by
proclamation in the gazette, fix.”
The majority decision advances
the position that there are two ways of
reading this section depending on
what the chief justice calls “punctuation
and emphasis”.
According to
the ruling, in reading Section 58(1) it would be read as if
there was a
colon after the word “on”, thus: “A general election and
elections for
members of the governing bodies of local authorities shall be
held on: such
day or days within a period not exceeding four …”
As a constitutional
expert Derek Matyszak has clearly articulated, the
introduction of the colon
dramatically changes the section to mean that the
election has to be held
“on” the dissolution of parliament and not “within a
period not exceeding
four months”.
Says Matyszak: “Inserting the colon in Section 58(1) after
the word “on” has
the effect of removing the application of the phrase
“within a period not
exceeding four months after” from the portion of the
section referring to
automatic dissolution under Section 63(4).
With
a proper and grammatical reading of the sentence, the phrase must apply
to
dissolution by proclamation and to automatic dissolution.”
Elsewhere in
the judgment, the chief justice makes the fair comment that in
interpreting
the law, the courts must follow an interpretation that does not
lead to an
absurdity.
The mind boggles why Chidyausiku decides to introduce a colon
in a sentence
that does not have one and thus unwittingly leads the court to
an absurdity.
In giving the president two months to hold the elections,
the decision cites
the holding of the March 2008 harmonised elections as an
example. Digging up
Statutory Instrument 7A of 2008, the chief justice gives
the example of this
proclamation which was issued on January 24 2008, and
dissolved parliament
with effect from midnight, leading to elections in
slightly over two months.
One imagines that the reason why this example
is given is to buttress the
point that it is possible to organise elections
within two months. This
understanding is misleading to say the least because
the context is
remarkably different to the one in 2008.
For starters,
Zimbabwe is following two constitutions in the sense that
although Chapter 7
of the new constitution is the supreme law regarding
elections, it has to be
guided by the Lancaster House constitution on the
timing of
elections.
More importantly, the two constitutions must be read together
with the Sixth
Schedule of the new constitution which outlines provisions
meant to assist
the transition from the old constitution to the new
constitution. The amount
of legal work that needs to be done before
elections can take place is
massively different from what was required for
the March 2008 elections.
According to Section 8 of the Sixth Schedule,
elections must be conducted in
terms of the Electoral Act which law must
comply with the new constitution.
Put simply, the Electoral Act as well
as other laws and regulations related
to elections must be amended so that
they are in compliance with the new
constitution.
Having read the
full judgment of the Concourt, there is no reason, however
magnificently
maintained, that persuades me that the honourable justices who
proffered the
majority opinion sufficiently engaged with the new
constitution and
understood the various legislative provisions which make
the July 31
deadline an impossibility.
It is still not clear how the proportional
system of representation mandated
by the constitution will operate.
There
is need to amend the Local Government Act and the Provincial Councils
Act.
Reforms also beckon on criminal procedure and the justice delivery
system as
well as clarity on the operations of the Electoral Court itself.
Making
all these reforms is not a walk in the park and elections cannot
proceed
without these reforms.
What is more, the various amendments must sail through
both houses of
parliament and be signed into law by the president before he
can announce an
election date.
Indeed, according to Section 157(5) of
the new constitution, all amendments
to the Electoral Act and to any other
provisions relating to elections, must
be made before the proclamation of
the election date.
There are also other processes that need to be
considered that have
implications on the absurd July 31 deadline. Section
6(3) of the Sixth
Schedule makes it mandatory for a 30-day intensive voter
registration
exercise to kick-in after the publication of the new
constitution. The
beginning of this process depends on the Zimbabwe
Electoral Commission (Zec)
being properly financed and resourced.
Zec
chairperson Justice Rita Makarau says voter registration will begin on
June
9, and will run concurrently with the inspection of the voters’ roll.
If
we take the bare minimum scenario, then voters’ roll inspection would
close
on July 8. The nomination court would sit 14 days later (that takes us
to
July 22), and after 30 days (takes us to August 21) of the sitting of the
nomination court, elections can take place.
If we master the
suspension of disbelief necessary for a feigned belief in
our ability to
fast-track things, it would still be impossible to meet the
July 31
deadline. The only fast-tracking that can be done is if we assume
that all
amendments have been done and are operational.
This would mean that an
election date is announced during voter
registration, but even then, it can
only be announced 15 days before the
conclusion of the voter registration
exercise. This would mean the earliest
elections can be held is August
6.
For the avoidance of doubt, it is not desirable that Mugabe and the
executive can continue up to four months while parliament is absent, but it
certainly is not unconstitutional.
It seems to me that the proper
balance would have been to extend the life of
parliament for at most six
months so that it can align the various laws and
regulations with the new
constitution.
Those with short memories are peddling the fiction that
Mugabe is a true
democrat because he does not want the country to function
without a
parliament for four months; nothing can be further from the
truth.
Lest we forget, in 2008, parliament was dissolved in January and
only
convened in August of that year and Mugabe was happy to run the show on
his
own.
And no one should argue that Mugabe is a stickler for court
orders because
he is on record aiding and abetting the disobedience of court
orders that
are not palatable to him and Zanu PF.
In Bleak House, fog
is an important symbol, and it is that condition in
which things are
mystified and people cannot see one another. The Court of
Chancery is the
source of this fog; it has a disastrous occupation with
forms at the expense
of solutions. It is the master of the bleak world and
its attitude is that
of polite smug and pretence.
While it is too early to suggest the
Concourt has gone the Court of Chancery
way, its judgment does not inspire
confidence. The judgment is full of
palpable absurdities and, to put it
mildly, preposterous. The only way that
the July 31 deadline can be met is
through violating the constitution.
Makombe is a development practitioner
based in South Africa and can be
contacted on: pfmakombe@yahoo.com
http://www.theindependent.co.zw/
June 14, 2013 in Opinion
Reading
Professor Jonathan Moyo’s article in the Herald of June 10 2013, one
is left
wondering at the unashamed zeal he exhibited in trying to pull the
wool over
Zimbabweans’ faces with regards media reforms.
Opinion by Nhlanhla
Ngwenya
Whatever the source of Moyo’s rabid personal dislike of MDC-T
leader Morgan
Tsvangirai, which he displays ad nauseam in his articles laced
with
invectives aimed at debasing President Robert Mugabe’s political rival,
only
he knows.
In any case, one key hallmark of a democracy is the
contestability of ideas
where individuals engage and debate each other’s
ideas without fear of
reprisals. But such an exercise should be done with
civility, integrity and
honesty.
Over the years, Zimbabweans have
come to understand — if not ignore — the
abusive and abrasive tone of Moyo’s
contributions on issues of national
discourse as his “normal” style of
engagement. Ordinarily, I would not have
responded to his instalment had it
been his usual tired expression of his
perceived leadership qualities of
Tsvangirai.
For I am not one of those paid to defend the MDC-T leader or
sanitise his
image and make him saleable to the electorate.
But what
cannot be allowed to pass without challenge are Moyo’s efforts to
mislead
readers into believing that the new constitution puts paid to calls
for
media reforms.
That is not only a disingenuous misinterpretation of the
supreme law, but a
desperate attempt to defend the status quo; entrench the
abuse of the
hijacked public media and simply perpetuate the subjection of
Zimbabweans to
spells of undemocratic media controls.
But why is Moyo
and his colleagues so afraid of a free media space if they
have nothing to
hide or fear? The answer is simple; they cannot phantom a
media that will
fearlessly unravel state transgressions and those involved,
demand
accountability in the exploitation of the country’s resources,
robustly
scrutinise those in office as well as provide a platform on which
citizens
can challenge and question those in authority.
In trying to cover up such
deep-seated paranoia of a free press, typical of
tyrannical states, he
claimed: “There is nothing that the government,
political or commercial
interests can now do to reform the media in the way
demanded by Tsvangirai
without offending against the new constitution. In
other words, the
Sadc-mediated media reforms are plainly now
unconstitutional.”
Obviously, Moyo was referring to the controversial
media reform matrix the
government principals, including Mugabe, agreed to
before Sadc. Under the
matrix, the parties came up with formulae for
appointing individuals to head
media bodies, including the ZBC
board.
Each of the three parties in government allocated themselves
quotas of
individuals they were to second to sit on the envisaged
boards.
While civil society organisations and other observers roundly
condemned this
plan as antithetical to principles of liberalising the media
space, it was
grudgingly accepted as a compromise deal given the
diametrically opposed
standpoints on the nature and form of media reforms to
be undertaken within
the auspices of the coalition
government.
However, to then claim, as Moyo does, that the adoption of
the new
constitution automatically renders envisaged media reforms
unconstitutional
is the height of dishonesty that can only come from those
who believe that
they can commandeer the sun to set in the east through the
verbosity of
their arguments.
The simple fact that the coalition
government’s reform agenda of the last
four years may have been overtaken by
events does not mean Zimbabweans
cannot come up with measures to democratise
the media sector in line with
the new constitution.
In fact, the new
constitution offers Zimbabweans a golden opportunity to
break with the media
tyranny of the past and join the league of democratic
nations where the
media is not viewed as the enemy of the state, but an
indispensable cog in
building and strengthening democracy.
Moyo cannot therefore give the
impression that because of the new
constitution, Zimbabweans cannot sit
down, discuss, debate and chart the way
forward on what sort of media
reforms they want.
It is within every Zimbabwean’s right to demand and
participate in the
democratisation of the media space, however unpalatable
that may be to some
in Zanu PF.
Oblivious to this simple democratic
principle, Moyo then sought to cement
his argument by citing sections of the
new constitution as they relate to
the regulation of the state-owned media
and broadcasting. One of the
sections he cited is 61(4)(a), which states
that “all state-owned media of
communication must be free to determine
independently the editorial content
of their broadcasts or other
communications”.
Apart from perpetuating the confusion of state-owned
media with the
privately-owned outlets, one of the key points of
contradictions found in
the new constitution, he narrowly interpreted the
section to simply mean an
entrenchment of the status quo.
On the
contrary, the section, with all its faults, clearly outlaws the
continued
manipulation and control of the hijacked public media by his
colleagues in
Zanu PF, who are in charge of these news outlets.
For him to suggest that
Tsvangirai’s demands for reformation of the public
media is tantamount to
political interference more than what is already
obtaining, is utterly
dishonest.
It is a matter of public record that Zanu PF interferes with
management,
operations and editorial content of the hijacked public media.
And that
surely is unconstitutional!
Also unconstitutional is the
continued regulation of the broadcasting sector
under the current regulatory
framework. Section 61(3)(b) of the new
constitution stipulates that, as Moyo
rightly cited: “Broadcasting and other
electronic media of communication
have freedom of establishment, subject
only to state licensing procedures
that are independent of control by
government or by political or commercial
interest.”
An honest interpretation of this section would clearly show
that the
intention of the law is to insulate the regulation of broadcasting
against
abuse and manipulation, to which the Broadcasting Authority of
Zimbabwe has
been vulnerable.
It is a section that if complied with
should see the replacement of the
current licensing regime and boards with a
democratic regulator whose
appointment and conduct of business is
transparent, not subordinate to a
single ministry and generally meets the
best practice in regulating the
broadcasting sector as spelt out in various
democratic instruments on
broadcasting.
The current media legislative
framework falls far short of the democratic
standards and any Zimbabwean
aspiring for a democratic dispensation would
embrace any initiative aimed at
adopting those principles without unfounded
qualms.
But it is not
difficult to understand why Moyo furiously disagrees.
He stands accused
of being the mastermind of the worst media repression this
country has
witnessed when he was in charge of the information ministry.
He would
obviously defend his infamous legacy.
Lastly, it is important that any
discussion on media reforms is not
predicated on self-preservation agendas
that play out through narrow and
superficial analysis of the new
constitution.
Instead, they should be grounded on a holistic reading of
the document to
ensure that media freedom is not compartmentalised as
exclusivesly for
journalists, but a key vehicle for the enjoyment of all
political,
socio-economic, cultural and environment freedoms the
constitution provides
for in its expansive Bill of Rights.
It is
important that this happens to avoid legislative trickery where
liberties
given by one hand are taken away by the other.
Our legislative history is
littered with such examples. A case in point is
the deceit that surrounded
amendments to the Public Order and Security Act
(Posa) and Access to
Information nand Protection of Privacy Act (Aippa)ahead
of the 2008
harmonised elections.
Pressured to repeal laws that imposed unwarranted
restrictions to freedom of
expression by various stakeholders, including the
African Commission on
Human and People’s Rights, government revoked Section
15 of Posa and Aippa’s
Section 80. Both sections criminalised communication
or publication of
falsehoods.
However, this offence was then tucked
under Section 31 of a different Act,
the Criminal Law (Codification and
Reform) Act, with even a heavier penalty
of a maximum 20-year imprisonment
term, a heavy fine or both for its
violation. Before the amalgamation of the
two sections, the crime attracted
a maximum five years
imprisonment.
For these reasons, media reforms can never be wished away
on flimsy
constitutional arguments. Only a holistic, inclusive and
participatory
approach will atone for years of destructive media
policies.
Ngwenya is the director of Misa Zimbabwe.
http://www.theindependent.co.zw/
June 14, 2013 in Opinion
Early this week
the Minister of Finance, Tendai Biti, deserved commendation
when he
announced that Government and the International Monetary Fund (IMF)
had
agreed that Zimbabwe would implement an IMF-staff monitored Sovereign
Debt
Management Programme, which would progressively ensure reduction of
Zimbabwe’s US$10,7 billion national debt (including debt rescheduling and
potential partial debt forgiveness).
The Erich Bloch
Column
Such a programme, with the implementation of it being strongly
interactive
with IMF’s personnel expertise, would enable removal in due
course of
Zimbabwe’s suspended membership of IMF and would facilitate
reinstatement of
good credit rating internationally for Zimbabwe. That is in
pronounced
contrast to Zimbabwe’s very negative international credit rating
at the
moment.
However, counterbalancing that meritorious
development, Biti also
misrepresented the views of “textbook economists” on
the magnitude of
Zimbabwean unemployment rate. At the launch of the Poverty
Income
Consumption and Expenditure Survey 2011/12 Report, issued by the
Zimbabwe
National Statistics Agency (Zimstat), Biti said that it was
unfounded when
such economists stated that the extent of unemployment
exceeded 85%, and
that the actual unemployment rate in Zimbabwe is only 9%.
In attacking the
alleged textbook economists, he was clearly oblivious of
the Disraeli maxim
that “there are lies, damned lies, and
statistics”.
Equally, he was unaware of the contention by a leading US
investor that,
“Statistics are like a bikini – very revealing but concealing
the
essentials”.
When diverse Zimbabwean and international economists,
and many other
statisticians refer to unemployment in Zimbabwe exceeding
85%, they
consistently say that “in excess of 85% of Zimbabwe’s employable
population
do not have formal sector employment”. In other words, they are
specific
that assessment is not of numbers gainfully employed, be they so
engaged in
the formal or informal sectors, but only of those without formal
sector
employment. Indirectly, the minister substantially corroborated that
an
overwhelming majority of those unemployed in the formal sector were
closely
aligned with the contentions of those described by him as “textbook
economists”, for he acknowledged that only 22% of the employable population
were engaged in the formal sector.
In fact, according to the Zimstat
Survey, at least 57 % of Zimbabweans are
engaged in informal sector
activities, generating almost 20% of Zimbabwe’s
total economic output
(measured as Gross Domestic Product). Moreover, if
more than half of the
population are earning less than one-fifth of the
national economic output,
it is very evident that many within the informal
sector are not realising
any substantive income. That supports the
assessment of many in the private
sector and international authoritative
economic evaluators, that a vast
majority of Zimbabwe’s population are
struggling to survive on incomes below
the Poverty Datum Line (PDL) and many
of them do not even earn to the extent
of the Food Datum Line (FDL), and
therefore they and their families suffer
grievous malnutrition.
In addition, the survey undoubtedly only includes
those informal sector
economic operators who are engaged in legal, or
quasi-legal operations,
excluding those who resort (often out of financial
desperation) to illegal
activities such as theft, gold-panning, diamond
smuggling, hijacking, and
the like, as well as those who seek a livelihood
as “runners”, carrying
imports or exports circuitously, in order to evade
liability for customs
duties and like imposts, or to avoid import or export
restrictions and
constraints. The survey contends that at least US$1,7
billion (equating to
approximately 19,5% of GDP) is earned by informal
sector operatives, but if
the unlawful, and therefore undisclosed, incomes
are brought to account, the
quantum of informal sector earnings would be
considerably greater, and would
represent a markedly higher percentage of
GDP.
The magnitude of informal sector operations results in several major
national prejudices. These include the competition to formal sector
operations, by virtue of minimal overhead operating costs, and tax evasion,
contributing to the decline of many manufacturing and other sector
enterprises. This results in diminished formal sector employment, and much
reduced fiscal inflows. Those inflows are a critical necessity for
government to address its ongoing state of virtual bankruptcy, with
concomitant inability of the state to fund fully essential services such as
Education and Health, maintain and enhance infrastructure, and the
like.
Moreover, many of the informal sector operations place the
wellbeing of the
operatives, and of the populace in general, in jeopardy,
for there is
frequent non-compliance with governmental and local authority
health laws,
road safety regulations, and with many other laws intended to
be protective
of workers, consumers, and others. Among those operations are
also
considerable numbers that encompass externalisation of currency from
Zimbabwe, thereby intensifying the constant negative balance of payments
which further constricts Zimbabwe’s achieving its needed economic recovery
and growth.
The magnitude of the informal sector becoming formalised
is driven by
diverse factors, the foremost being:
Constructively
addressing the non-availability of formal sector employment,
which will
endure until government facilitates the procurement of
considerable foreign
investment, lines of credit, and funding for the
banking sector. That
facilitation must include actions which will imbue
potential investors with
confidence of investment security, will maximise an
environment of
substantive adherence to respect for property rights and
maintenance of law
and order, a conducive tax regime, and effective
infrastructural service
delivery.
Minimisation of bureaucracy constraining formal sector operations,
including
significant devolution of administration to all areas of the
country,
instead of absolute centralisation thereof to the governmental head
offices
in the capital city.
More effective enforcement of compliance
with law, evaded by many in the
informal sector, instead of evasion of law
being facilitated by the corrupt
willingness of many authorities and law
enforcement officers to accept
bribes in order to be oblivious to the
constant evasion of the law.
Practical and realistic incentives and
inducements being extended to those
who can migrate their informal
sector-operations to the formal sector.
Because of the intensity of the
widespread national poverty, primarily
driven by the inadequacy of formal
sector employment, and non-accessibility
to funding needed for effective
formal sector operations, most of the
population are driven to informal
sector engagement, in order to survive,
and with such engagement not
generating enough for essential needs. Thus,
instead of gleaning
satisfaction from the number allegedly in employment
(being almost wholly
within the informal sector), government needs belatedly
to recognise the
ills that afflict Zimbabwe and its populace, and must
effectively address
those ills.
http://www.theindependent.co.zw/
June 14, 2013 in
Opinion
The episode last Friday at Harvest House in which Prime Minister
Morgan
Tsvangirai’s security personnel attacked a journalist from this
newspaper,
Herbert Moyo, comes as no surprise to us.
By
Muckracker
The assault came after another journalist, Mashudu Netsianga
from the
Chronicle, was manhandled in Bulawayo at a meeting between
Tsvangirai and
Bulawayo businesspeople. They confiscated his notebook and
mobile phone.
Moyo was guilty of nothing more than covering a
demonstration by MDC-T
activists from Sunningdale. He was dragged into a
room at Harvest House and
severely beaten despite identifying himself as a
journalist.
Daily criticism
There is a context to this. Tsvangirai
had earlier at a policy conference in
Bulawayo expressed frustration with
daily press criticism of him. This could
not be tolerated in a democracy, he
averred.
We can understand this. The daily denunciation of Tsvangirai is
part of a
calculated and malevolent campaign directed by senior politburo
members. It
is personal and often poisonous.
But in excoriating the
press, Tsvangirai is often the author of his own
discomfort. He declined the
opportunity to address the issue of media reform
at the outset of the
Government of National Unity (GNU). It was specified as
a key item in the
Global Political Agreement. And he has in the past
suggested the private
media is just as “bad” as the public media. As a
result of this omission,
the country continued to experience a partisan and
unprofessional press
where professionalism and diversity were urgently
needed.
Failure to
get this right at the outset led to the now daily attacks on
Tsvangirai by a
multitude of players who seek to block reform, or indeed a
Tsvangirai
victory at the polls.
Tsvangirai is a courageous leader who has suffered
all manner of assaults
over the years. But he has not listened to the press
and therefore not
learnt from it. Beating up journalists is not the best way
to win friends
and influence people.
Dangerous belief
And the
MDC-T generally should abandon the mentality that we as a nation owe
them a
living. There is a dangerous belief now developing that an MDC-T
government
will be no better than the current band of tyrants when they get
the
opportunity.
It is said of a country that it gets the press it
deserves.
Friday’s episode underlines this.
Abuse of the media is
not confined to the MDC-T. Last Thursday Zanu PF
national chairperson Simon
Khaya Moyo (SK) said the current crop of
journalists had become “weapons of
destruction”. He said in some quarters
the noble profession of journalism
was being used for a regime change
agenda.
He made these remarks at a
surprise birthday party held for Media,
Information and Publicity minister
Webster Shamu at a city hotel.
Noble profession
Moyo also
commended Shamu for being an accomplished professional journalist
trained to
know that journalism is a noble profession.
Moyo said there was no doubt
that President Robert Mugabe saw Cde Shamu’s
“exceptional professionalism
and charisma …”. That includes, we suppose, not
lifting a finger to
reconstitute the boards of the Broadcasting Authority of
Zimbabwe, Zimbabwe
Broadcasting Corporation and Zimbabwe Mass Media Trust
when instructed to do
so.
We also thought somewhere in Moyo’s hagiographical account there
might be
some mention of Cde Shamu’s illustrious career as an RBC
DJ!
Judging by the size of SK and other luminaries present around the cake,
it
is a career in politics that truly builds you up.
Chronic
amateurism
Meanwhile, let’s hope Shamu devotes some energy to creating
conditions for
the safe return of Zimbabwean journalists based abroad. This
appears to be
another media reform issue which should have been addressed at
the beginning
of the GNU.
External broadcasters cannot be expected to
return so long as ministers do
nothing to create a climate conducive to
reform or provide opportunities for
media workers to practise their skills
here at home.
Broadcasters cannot be expected to seek work in a country
where they are not
free to express themselves or where chronic amateurism is
the order of the
day. Any ZBC-TV panel discussion or radio news transmission
provides good
examples of how radio or television stations should not be
run.
Has any ZBC or ZBC-TV staff been to South Africa where they can see
how it
is done? SABC may be terrible, but there are plenty of alternative
stations.
Or are they content to remain stuck in a turgid and boring career
with no
competition to speak of? Just one name illustrates this dilemma:
Tafataona
Mahoso, Zimbabwe Media Commission chief executive.
Never
sulk
In Britain and the US where broadcasters are free to express a
variety of
views politicians know they should never make war on the press.
Whatever the
grievance, they must pretend not to be offended and carry on
without
rancour. We need to do that here.
Prime Minister Morgan
Tsvangirai and ICT minister Nelson Chamisa must never
sulk or display pique.
They don’t have to like what this or that paper says
or what the radio and
TV says. They will never like it at all in the
democracy Tsvangirai referred
to, but they must smile and take it on the
chin.
The winner is the
guy who can walk out of a press conference feeling good
because he treated
his questioners fairly.
On this point, have you noticed how the president
of the US at a press
conference calls out journalists who have their hands
up by their first
names? Can you imagine such a thing here?
We do
recall, however, how Mugabe, at a press conference, asked where all
the
white reporters were? George Charamba popped up to say they had been
invited, but didn’t come.
What mendacity!
Ingratiating
Dali
Still with the media, Muckraker is not one of those patting Dali
Tambo on
the back. His interview was ingratiating and lacked challenging
questions.
Luckily, the South African audience did not think he did a good
job either.
They know a soft soap when they see one!
Zinara
losing
The Zimbabwe National Road Administration (Zinara) are not doing
much to
enhance their income. A friend passing through the Lion’s Den
tollgate
recently heading towards Harare was confronted by an official who
didn’t
have change for US$20, or so she said.
“Don’t worry about it,
pay us when you come back through,” she said.
Just imagine all those
vehicles passing through every day and she didn’t
have change for US$20! All
she had to do was ask a colleague for help. But
that required getting off
her chair. How much did Zinara lose that day, we
wonder.
We don’t
know who is responsible for this operation, but a colleague points
out that
if certain ministers are involved, it is likely to cost the nation
dearly.
For instance, the 15km of the airport road that is under
construction will
cost US$70 million. And there is still no road to speak
of.
Compare
this with the Hartley Platinum Mine road just outside Chegutu. This
private
sector undertaking cost US$15 million for 25km of road. And it
shows!
A
South African company, Big Five, is working on the Harare-Bulawayo Road.
Again, you can actually see the road.
Calm down,
Zvayi
Finally, could somebody please explain to Caesar Zvayi that court
challenges, far from being frivolous and vexatious, are fundamentally a part
of the democratic process. They don’t require malevolent attacks on the
applicants in such cases, especially if, as we are told, the applications
don’t stand much chance of success.
Zvayi should follow the cases
passing through the South African courts on a
regular basis. The ANC is
quick to recognise the importance of embracing
appeals even when the
government loses.
Zvayi and his colleagues at the Herald should
understand that by denouncing
applicants as “finding legal excuses to file
frivolous and vexatious
applications” in the courts, they are prejudicing
the whole constitutional
process.
Is that really in the interests of
democratic due process? The new
constitution, by providing a constitutional
court, does in fact provide for
appeal.
Zvayi and Co should calm down
and live with the new realities unless they
want the public to think the
courts are unhelpful places.
http://www.theindependent.co.zw/
June 14, 2013 in Opinion
The
Constitutional Court (Concourt) of Zimbabwe has ruled that the upcoming
elections must be held by July 31. This development confirms the suspicions
of many that Zanu PF intends to hold elections immediately after the expiry
of the coalition government on June 29. This then leaves just a few weeks to
carry out political and security sector reforms necessary for a free and
fair election.
By Simukai Tinhu
Triggered by an application
challenging President Robert Mugabe to announce
an election date, the
Concourt’s ruling has been interpreted by opposition
groups as yet another
trick from the Zanu PF political trickbook. The
allegation is that through
this ruling, Zanu PF has effectively declared an
election
date.
According to the Global Political Agreement (GPA), the election
date should
be set by the executive in consultation with coalition partners.
In other
words, the court route effectively circumvents the consultative
process and
gives Mugabe the authority to go ahead and set a date under the
pretext that
his choices are constricted by the court’s ruling.
This
should have come as no surprise to the opposition. The writing has been
on
the wall for a while — Zanu PF has always insisted that it wants
elections
sooner rather than later, and those who follow Zimbabwean politics
must have
predicted that it was only a matter of time before Mugabe’s party
found a
clandestine way to achieve that objective. Since they have been
caught
off-guard, this ruling should act as a warning to the opposition that
it is
wise to plan for elections as if political reforms are not going to
happen,
and this means changing the campaign strategy.
Why reforms are
unlikely
Misplaced optimism that political reforms will be carried out
before the
elections has been fuelled by the peaceful referendum on the new
constitution held in March this year, and also by a fundamental
misunderstanding of Zanu PF’s behaviour. By insisting on political reforms,
the opposition and local democracy promotion groups are seriously misreading
what has been Mugabe’s political plan since 1980; an uneven playing field
which formed the steel frame of Zanu PF’s political strategy since
Independence.
In the government of national unity, Zanu PF, which
occupies the executive,
has stalled political reforms over the last four
years by successfully
limiting discourse and diverting discussion towards
removal of sanctions. It
is now inconceivable that reforms will be
instituted in the next few weeks,
and for the two MDC formations to devise
campaign strategies based on the
premise that Mugabe will acquiesce to their
demands is bad planning.
Moreover, the guarantor of the GPA, Sadc, does
not have the motivation or a
strategy to coerce Zanu PF into implementing
reforms. For example, Sadc is
almost always pre-occupied with trade and
economic issues, and appears to
have little time and inclination for reform
nor does it have a standing army
or a sanctions regime that can act as a
coercive threat.
Another cause for concern is that while the West was a
vocal critic of
Mugabe’s regime in the last decade, the European Union and
the United States
in particular, appear to have retreated. It seems the
international
community is attempting to avoid playing a heavy–handed role
as in the
previous elections where it was seen as overtly promoting
opposition forces
and demonising Zanu PF.
It is apparent that this
time the international community has taken a
hands–off approach on
Zimbabwe’s internal politics, allowing the political
process to drift. This
policy of rapprochement from the international
community (for example, the
lifting of sanctions against Zanu PF officials
with virtually no political
reforms having been made) has negatively
impacted on the pressure they can
place on Zanu PF to make reforms.
How to defeat Zanu PF
Political
party strategists should demonstrate an interest in underlying
transitions
at a wider level and perhaps more crucially, how those
fundamental
undercurrents are affecting political attitudes in their
country. One of
them is the increasing nationalistic attitude of the young
and educated
urban populations in Africa.
Buoyed by the “Africa Rising” narrative,
nationalism is on the rise, and
Zimbabwe is no exception. In the continent’s
most recent elections in Zambia
and Kenya, the victors — Michael Sata and
Uhuru Kenyatta respectively — ran
sustained anti–Western campaigns that drew
the support of the young and
educated.
If the opposition wants to
succeed, they might as well embrace nationalism
and adopt a position where
they argue that they are the best guarantor of
the independence legacy that
has been betrayed by Zanu PF. In other words,
this time around, MDC-T leader
Prime Minister Morgan Tsvangirai might need
to wage a populist and more
aggressive campaign that might even be
reminiscent of Mugabe’s tone, though
moderated.
Tsvangirai should also attempt to convince some of Mugabe’s
softer
supporters that he can secure the gains of the current regime, such
as land
reform. This will put Zanu PF in a defensive mode, and deprive them
of
ammunition to attack Tsvangirai as a neo–imperialist agent. However, the
trouble with adopting such a strategy is that it needs time, and there is
precious little of that if elections are indeed to be held by July
31.
Undermining elite cohesion
The other pillar that should
undergird any opposition movement is
undermining Zanu PF party unity.
Currently, the ageing leader skilfully
manages a brittle internal balance of
power between various factions. But
maintaining such a balance is extremely
difficult and a great deal of it is
done via patronage
politics.
Undermining elite cohesion is likely to achieve two objectives:
Targeting
key individuals as an effective tactic that not only brings
patronage
networks, but the stalwart’s votes and experience. Second, and at
a
psychological level, drawing party stalwarts counters the narrative that
Zanu PF’s unity is invincible.
Coalition of the opposition
One
realistic campaign strategy remains: a coalition of opposition forces.
The
main opposition party (MDC–T) continues to be adamant that it will win
on
its own.
Tsvangirai’s party seems oblivious to a mountain of complex of
problems it
faces: a dwindling support base, an uneven playing field,
circumscribed
regional and international support, a surge in Zanu PF
popularity and also a
crowded opposition space with reportedly 28 candidates
vying for the
presidency. MDC–T needs to rein in, be realistic and
understand that joining
a coalition should not be considered
discretionary.
There are three reasons why the MDC–T should not go it
alone:
Historical precedent: the opposition has failed in the previous
elections to
get into power despite odds being slightly better than today.
Also, those in
favour of a one-party strategy are blind to the fact that no
single
political party has successfully challenged Zanu PF’s stranglehold on
Zimbabwean politics since Independence.
The coalition will not only
change the fundamentals of Zimbabwean
opposition, but also the very terms in
which the Zimbabweans think about and
define national
politics.
Considering that there is unlikely to be political reform, this
strategy is
logical. The greater chance to topple Mugabe is when the
opposition combines
its efforts, resources and votes.
Who should join
MDC–T?
Despite its faults in a coalition, the MDC-T remains the anchor of
the
opposition and should therefore take a lead in any negotiations.
Building a
strong coalition should be limited to MDC led by Welshman Ncube
to back
Tsvangirai as the presidential candidate. Ncube is a polarising
figure and
is perceived as being vocal on behalf of the voters from
Matabeleland and
the Midlands provinces. But it is precisely because of this
quality that he
is in a unique position to mobilise votes from these two
regions.
Drawing Simba Makoni (Mavambo/Kusile/Dawn) and Dumiso Dabengwa
(Zapu) into
an alliance might be problematic. Politically, both men were
creations of
Zanu PF and still benefit materially from ancient Zanu PF
patronage
networks. It is not unreasonable that some see Dabengwa and
Makoni’s
political parties as proxies created by Zanu PF to disrupt the
strength of
the opposition.
The differences between the MDC–T and MDC
leaders are fundamental. Ncube
accuses Tsvangirai of being weak on
democratic and leadership credentials,
while the MDC–T leader accuses Ncube
of being provincial. In addition, each
man sees himself as best suited to
stand as the presidential candidate.
How it could be done
In order
to create an environment for constructive dialogue, relations
between
Tsvangirai and Ncube need to be reset. Tsvangirai must desist from
making
statements that risk pushing Ncube further away.
It is important to
remind ourselves that Ncube is one of the architects and
ideologues of the
original MDC. Instead of ridiculing him, Tsvangirai must
acknowledge his
contribution and treat him as a friend who must be embraced.
He also needs
to acknowledge Ncube’s growing influence and support in
Matabeleland and the
Midlands.
In extending an olive branch, MDC–T must attempt to address
some of Ncube’s
legitimate grievances. Ncube remains convinced that
Tsvangirai and his inner
circle worked to block his ascent to the top of the
party. Ncube also
alleges that MDC–T has deliberately undermined his party
by labelling it as
“tribal” or provincial.
While the above are
manageable problems, more difficult is the discussion of
who is going to be
offered what as part of the strategic partnership. The
onus of the MDC-T is
to be seen to be generous in what it offers. Ncube’s
party will seek
assurances on key positions in return for backing the
coalition as they
cannot be expected to relinquish their independence
without getting tangible
offers in return. Equally, Ncube will need to
display humility and
self-discipline.
Despite their differences, a coalition of the opposition
is a possible and
viable strategy. The two parties have a convergent
interest in getting rid
of Mugabe.
We also have to remind ourselves that
in the 2008 presidential elections,
the MDC urged its supporters to vote for
Makoni. Such an unprecedented
overture shows Ncube’s pragmatic side and that
he is open to negotiations.
Coalition only option
Failure to form
a united opposition is a prescription for defeat. The MDC–T
is trailing Zanu
PF in polls and no one who is seriously concerned with
political and
electoral strategies can afford to ignore these, no matter how
flawed or old
they are. Not only do the polls show that Zanu PF support has
surged, but
most importantly, the party may use these numbers to justify a
rigged
electoral “win”. Poor shows at rallies, an uneven playing field and
circumscribed regional and international support also count against the
MDC-T.
Politics needs ideals and policies, but most crucially a sense
of direction.
Post-Independence electoral history of Zimbabwe has two
important lessons:
No political party has successfully challenged Mugabe on
its own and
pre-occupation with legality and political reforms in a Zanu
PF-dominated
Zimbabwe does not work. This is a reality that is still to
register with the
opposition.
Zanu PF is corrupt, ruthless and
violent, but nobody can accuse the party of
being directionless. They alone
seem to know how to get what they want in
the next elections and they may
well be rewarded for that. Their adversaries
should be wise enough to draw
together and substitute competition for
political union. A coalition coupled
with an effective campaign strategy
offers better chances.
Tinhu is a
political analyst based in London.
http://www.theindependent.co.zw/
June 14, 2013 in Opinion
PRESIDENT Robert
Mugabe’s proclamation yesterday that general elections must
be held on July
31 as recently ordered by the Constitutional Court
(Concourt) after a Zanu
PF-inspired court application, has the potential of
creating a messy
political affair before the crucial polls while keeping
Zimbabwe stuck in a
stalemate.
Besides the proclamation of election dates, Mugabe, in an
extraordinary
Government Gazette published yesterday, issued a statutory
instrument using
the draconian Presidential Powers (Temporary Measures) Act
to unilaterally
amend the Electoral Act to suit his election agenda now
being executed under
the guise of implementing a court order.
The
regulations contain 75 pages of amendments to the Electoral Act
initially
expected to come before parliament next week.
In a development which
showed he has no regard for democracy or ensuring
free and fair elections,
Mugabe used his powers of decree, his favourite
option to make regulations
amending laws when it is inconvenient to wait for
parliament or in the
absence of the legislature.
In so doing, Mugabe gave the impression he
was hurrying to implement the
controversial Concourt order, although his
regime has a long record of
ignoring due process, court orders and selective
application of the law,
quite apart from purging dissenting judges and
packing the court benches
with punier ones, as well as undermining the rule
of law, and encouraging
lawlessness and impunity.
Mugabe is not an
advocate of the rule of law. As matters stand, he has still
not been able to
implement a Supreme Court order issued last year for him to
proclaim
by-elections dates initially by August 31 2012. Instead he has used
the High
Court to delay doing that until June 29, effectively evading and
defying the
order given his proclamation yesterday.
But now, all of a sudden —
without any sense of irony after he said he won’t
rule by decree and
pretending to be a convert to the rule of law despite
that no one believes
him — Mugabe wants to implement the Concourt ruling
which may well have been
initiated by his supporters using the courts to
achieve what he has failed
to achieve politically.
Constitutional and legal scholars and experts
have poked holes in the
Concourt ruling, showing it was badly flawed and a
disservice to democracy
even though its architects claimed it was designed
to protect democratic
imperatives by ensuring that at all times the three
arms of the state —
executive, judiciary and legislature — are there to
avoid rule by decree.
Editor’s Memob by Dumisani
Muleya
Inevitably, events on the ground, including Mugabe’s use of
emergency
powers, and the ruling’s inherent contradictions, have shown this
claim was
phony.
Of course, Mugabe makes no reference to the need for
free and fair elections
in all this. The reason why Zimbabwe has this
coalition government after the
bloody 2008 presidential election run-off
fiasco and the attendant killings,
is that it should eventually organise
peaceful and credible polls — which
can’t be achieved through deception — to
take the country forward.
This is what Sadc leaders meeting in Maputo
tomorrow must remind him. He
must not be allowed to hide behind the Concourt
ruling which came after an
application whose genesis and motive remain
dodgy, though decipherable.
The whole plot by power-hungry but
short-sighted Zanu PF hawks has created a
political cauldron in Zimbabwe in
a situation already explosive.
Even if Mugabe and his Fifth Columnists
behind the Concourt application
eventually bulldoze their way, it is
democracy and Zimbabwe that will be
greatest losers.
If elections are
held against a background of dubious electoral processes
and chaotic
preparations and won by Mugabe and Zanu PF, despite their legacy
of
disastrous failure, the outcome will be a democratic aberration which
takes
Zimbabwe nowhere.
http://www.theindependent.co.zw/
June 14, 2013 in Opinion, Politics
Where do we
go from here? Another chapter of this rather tragic story is due
to be
written with a Sadc summit tomorrow in Maputo where election dates,
funding
and the roadmap will be discussed.
Zimbabwe Independent
Editorial
ere, once again, the problem is likely to be one of
presidential
intransigence. President Robert Mugabe yesterday proclaimed
July 31 election
day. He is still doing his best to avoid ceding power, even
when he loses at
the polls. He is supported in this by a coterie of security
service chiefs
and Zanu PF reactionaries — the post-liberation aristocracy
which has
corruptly amassed wealth and power over the past 33 years. The
events
leading up to this are not edifying.
The MDC-T’s Morgan
Tsvangirai did well to break this power nexus to win a
large batch of seats
in 2000, this following a constitutional referendum
victory. Relations
thereafter were fraught with political violence and
electoral manipulation
thwarting prospects of democratic change. A brutal
assault on Tsvangirai and
other MDC officials at Machipisa Police Station
led eventually to Sadc’s
intervention. It was a turning point.
Regional leaders, backed by AU
officials, were determined to prevent any
further publicity that could
damage investment prospects in the region. That
meant stabilising Zimbabwe’s
economy and reforming its political system via
free and fair elections.
Sadly, those elections proved just as discredited
as those of 2002 to the
extent that nobody recognised their validity.
Zimbabwe was persuaded as a
result to accept Sadc proposals for a Government
of National Unity (GNU)
based on a so-called Global Political Agreement
(GPA). The GNU was not an
unalloyed success. In fact, it was not a success
at all as the two main
parties battled for influence and stalled reforms.
Now, however, we face
another dilemma. The MDC-T and its smaller MDC
counterpart will not agree to
elections until the GPA is fulfilled. In this
they are supported by Sadc.
Hence, the summit tomorrow will be as much a
test of President Jacob Zuma’s
resolve as it is of Tsvangirai’s. The agenda
will look much the same as it
did four years ago. This includes electoral,
media and security sector
reforms, among others.
But there is an elephant in the living room nobody
has noticed. There is a
possibility Zanu PF and MDC-T could garner an equal
number of votes in any
poll. Then they would have to devise some form of
co-habitation which sticks
in the throat.
Can they do that given the
vitriol emanating from the Zanu PF camp and
warped structure of the state?
Mostly, the MDCs subscribe to normal liberal
values to be found in any
modern constitution, Zanu PF seeks to maintain its
grip on power via
manipulation and institutional control.
Vitriolic criticism this week of
lawyers allegedly seeking to conduct “a
sustained attack on the judiciary”
by submitting a series of court
applications demonstrates how far removed
the former ruling party remains
from the democratic process. Court
applications are part of that process.
But Zanu PF appears not to know this,
childishly regarding it as a hostile
conspiracy because it is used to dark
plots. Are we really any further
forward or is it much of the same? This
weekend and events leading to the
elections will tell.
