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Saturday, June 15, 2013 in Elections
SADC calls for 14 day Zim poll
extension
Regional leaders adopted an extension of elections in Zimbabwe by
14 days at
the extraordinary SADC summit on Zimbabwe in Mozambique.
Political parties
in the inclusive government have agreed at the SADC Summit
that the Minister
of Justice Patrick Chinamasa will approach the
Constitutional Court and
request that the election be held on 14 August. If
they succeed with the
court challenge it will mean the election will be held
close to the United
Nations World Tourism conference set for August
24th.
The Crisis in Zimbabwe Coalition said some of the SADC Heads of
State and
Government who were present included Presidents Jacob Zuma,
Hefikepunye
Pohamba, Joseph Kabila, Ian Khama and Deputy President Guy
Scott.
“President Mugabe came through with the biggest entourage as
compared to
other heads of State. We are informed that President Mugabe and
his
delegation informed the summit organizers that they had come prepared
for a
very short meeting, behavior which could be interpreted as somewhat
bullish
as the Zimbabwe issue may need more time,” a statement by the Crisis
Coalition said.
Below are some of the comments made by the different
stakeholders on their
Facebook pages during and after the
summit:
MDC-T Secretary General Tendai Biti:
Good people, good good
people, it has been an incredible and unbelievable
day here in this great
beautiful coastal capital of Maputo. SADC rose to the
occasion and scuttled
the evil and Machiavellian machinations of the chaos
faction of Zanu PF. The
decision of summit was clear; all the
recommendations of the facilitator
President Zuma were adopted with the net
effect that the Proclamation of
elections made on Thursday is rendered null
and void. The key operative
decisions of SADC are that:
1) Government through the ministry of Justice
is ordered and directed to
make an application to the constitutional court
following consultations by
all political parties, seeking to move the date
of the election from the 31
July 2013
2) that the agreed amendments
to the electoral act which had been
purportedly been made into law by the
President using the Presidential
Powers (Temporal Measures) Act be brought
to parliament this Tuesday for
debate and adoption.
3) that the SADC
facilitation team and the troika team appointed in
Livingstone sit in Jomic
and not merely receive reports as demanded by Zanu
PF
4) that an
Inter Ministerial Committee be appointed to deal with
implementation of
agreed issues on media reform and the monitoring of hate
speech in all
media
5) that the security forces publicly state or restate their
commitment to
the rule of law in particular their complete adherence to
section 208 of the
constitution.
6) That within the time parliament
has remaining the parties negotiate and
make the necessary amendments to
POSA, AIPPA, the Broadcasting Act, section
121 of the Criminal Procedure and
Evidence Act etc.…
7) that SADC observers be deployed immediately
consistent with the SADC
Principles and Guidelines Governing Democratic
Elections
8) that any other issue and the implementation of the above be
overseen by
the facilitation team.
Theoretically SADC have therefore
effectively ordered a return to
constitutionalism and not the current
situation where hiding under the cloak
of compliance with a court judgment
illegalities and atrocities were now
being committed.
I have been to
all summits on Zimbabwe since 2007 and there have been many.
I want to thank
and acknowledge the electric delivery of Dr. Morgan
Tsvangirai our party
president, what a delivery. Simple straight forward
passionate and
effective. I liked it when in his conclusion he asked
President Mugabe why
it should be about power and not the people. Tsvangirai
you made us proud
today.
Perhaps the most marvelous thing was the tag teaming and
complementarity
between MT and Prof. Welsh Ncube. I have seen Welsh in court
and on
countless times we have fought on opposite sides (of course he always
lost).
Today the man from Vungu fought like a lion. Whilst MT was the
godfather
speaking like a statesman Welsh was a bull terrier flooring Zanu
with
erudite legal submissions.
As for Zanu PF, I think that the
chaos faction of this party must take blame
for humiliating and embarrassing
President Mugabe the way they did today. He
is clearly too elderly to be
subjected to the barrage he faced today.
Fortunately he quickly wisened to
the folly of the chaos faction’s
machinations and sclerotic schemes. He
therefore quickly conceded to the
need of a court application ,thus saving
summit of continuous further
debate.
I want to say that we
Zimbabweans want an election yesterday. However it
must be legitimate and
credible. The election must on the people s terms and
not on the bloody
hands of a cruel and horrible faction of Zanu PF.
We are ready. Our
primaries are almost done, JUICE and ART are out.
Trust me this winter we
will finish it off.
Thank you SADC, thank you President Zuma, thank you
Tsvangirai, thank you
Welsh.
Zikomu kwambili
MDC President
Welshman Ncube
All the parties have agreed that the Minister of Justice will
approach the
Constitutional Court and request that the election be held on
14 August. The
Summit also adopted the President Zuma’s report, which
insists on the
implementation of the agreed roadmap before elections are
held. Thank you to
SADC for standing firm.
MDC Spokesman Nhlanhla
Dube:
For 30 to 40 minutes Prof. Ncube had the SADC leaders spell bound,
punching
holes into Mugabe’s early poll case. To conclude he looked Mugabe
in the eye
and said. We ask u to act as our President, Zimbabwe’s President,
not a Zanu
PF President.
MDC Secretary General Priscilla
Misihairabwi-Mushonga
Am sitting in this summit and so conflicted, I have
listened to President
Mugabe, heard Prime Minister Tsvangirai, listened to
Prof Ncube give a plain
and simple explanation on the unconstitutionality of
the proclamation, I am
glad we can put our case but do we have to get here
where a group of people
drag their leader here, advise him wrongly therefore
embarrassing him in
front of his colleagues, how do people set their leader
like this, I can’t
even look at him, but more so am so angry with this group
who want President
Mugabe to end his career this way.
Prime Minister
Tsvangirai’s legal adviser Alex Magaisa:
To colleagues who are asking for
updates from Maputo, a Communique setting
out the recommendations of the
special SADC Summit will be issued. Please
wait for that as it is the
authoritative piece on what went on. We are
gracious in any
circumstance.
The most important thing is not the dates but to ensure
that we all, as a
collective, do what’s right to have a credible and
legitimate election that
is free of contestation. We are sometimes too quick
to judge SADC but on
this occasion, please take a bow …
But to move
on, we need everybody working together for a free, fair and
transparent
process, whatever one’s political affiliation. Today is a
reminder that
inclusivity and consultative processes remain critical to
resolving what is
essentially a political and not merely a legal challenge.
Commentator
Maxwwell Saungweme:
I think this thing called SADC is just worsening the
crisis in Zimbabwe.
What reform can be done by these parties in government
in two week, which
they failed to do in five years. What is the difference
between 31 July and
14 August as far as reforms and preparing for elections
is concerned. If
SADC genuinely wanted an extension they should have
extended the election
date by a much longer period. I don’t see this stupid
decision as a victory
at all to anyone or any organisation. The decision
takes Zimbabwe back. What
if Mugabe refuses to go back to court to seek
extension? What if the courts
cling to their earlier ruling? This is just
adding confusion to an already
existing crisis. There is really nothing to
take home with this misguided
decision of SADC, methinks! A solution on
Zimbabwe will only come from
Zimbabwe!
http://www.newzimbabwe.com/
15/06/2013 00:00:00
by Staff
Reporter I Agencies
REGIONAL leaders meeting at a special
summit on Zimbabwe want President
Robert Mugabe to delay crucial elections
set for the end of July by at least
two weeks.
"What the summit
recommended was, in recognizing that there was a need for
more time, that
the government of Zimbabwe engage the constitutional court
to ask for more
time beyond the deadline of July 31," Tomaz Salomao,
Secretary General of
Southern African Development Community, said after a
meeting in
Maputo.
The Crisis Coalition, an alliance of Zimbabwean pro-democracy and
rights
groups in the Mozambique capital, said a summit communique was being
prepared that would urge Mugabe to ask the country’s highest court to
rescind a ruling ordering him to hold elections by July 31.
Mugabe
was asked to seek at least a two-week extension of the ruling and
hold polls
not before August 14, the group said.
Commenting on the development MDC
legal affairs secretary and education
Minister David Colart said on Tweeter:
“There are three reasons why SADC
resolution is critically important;
Firstly, it is a victory for the respect
for the rule of law and the new
Constitution;
"Secondly, it means that voter registration and roll
inspection can be
completed before nomination day and, thirdly, it
constitutes a major
political faux pas by Zanu PF hardliners and will be
damaging and
embarrassing.”
The official communique has not yet been
formally released. No confirmation
was immediately available from the
secretariat of southern Africa’s
political and economic bloc, known as
Southern Africa Development Community,
or SADC.
No comment was given
by Mugabe or his delegation.
MacDonald Lewanika, the Crisis Coalition
director, said in a Twitter feed
from the Maputo convention centre that
regional leaders agreed the election
“is not time-driven but process driven”
and more time was needed finalise
preparations and voting
reforms.
Prime Minister Morgan Tsvangirai said on Friday that Mugabe’s
unilateral
proclamation of the July 31 election date breached terms of the
power
sharing agreement forged by regional leaders after the last violent
and
disputed elections in 2008. That agreement required the coalition
partners
to agree on policy decisions and the holding of elections, he
said.
Tsvangirai, in a shaky coalition with Mugabe, said democratic
reforms also
demanded in a new constitution and by mediators ensuring free
and fair polls
cannot be completed by July.
Polls after August 14
would clash with one of the world’s largest tourism
gatherings, the United
Nations World Travel Organisation summit, that
Zimbabwe is set to host on
August 24.
South Africa President Jacob Zuma, the chief regional mediator
on Zimbabwe,
started closed-door talks with Mugabe, Tsvangirai and other
regional leaders
earlier Saturday, officials said.
Zuma said in a
statement the leaders were to consider “a roadmap” to
elections in Zimbabwe.
But a top Mugabe party official told South African
state radio Saturday the
summit will only seek financial help from the
region to fund polls in
July.
The Crisis Coalition said at the beginning of the talks that early
elections
risked not being recognized regionally or by Zimbabweans
themselves unless
reforms are in place and political violence and
intimidation are brought to
an end.
“Conditions are not ripe for free
and fair elections. The security situation
is not good ...we want SADC to
ensure that violence is stopped and the media
is free to report without
intimidation,” Lewanika told reporters.
A new constitution,
overwhelmingly accepted in a referendum in March, has
demanded reforms to
sweeping media and security laws along with reforms
within Mugabe’s loyalist
police and military blamed for state orchestrated
violence in previous
polls.
None of those reforms have been completed, Tsvangirai’s party
says.
Mugabe’s party insists he was abiding by a ruling of the Constitutional
Court, the nation’s highest court, ordering him to hold presidential and
parliamentary elections by the end of July, linked to the automatic
dissolution of the Harare parliament on June 29, the end of its current five
year term.
Independent lawyers’ groups say that ruling does not
follow provisions in
the new constitution and can only be rescinded by the
same court on an
application from Mugabe.
Continuing amendments to
electoral laws called for in the constitution and
by regional leaders were
effectively blocked by Mugabe’s announcement of the
poll date on Thursday,
said Veritas, a legal research group.
Mozambique President Armando
Guebuza, current chair of the regional
grouping, said earlier Saturday that
Zuma was scheduled to have presented a
report to the one-day summit on
Zimbabwe’s readiness for elections.
http://www.dailynews.co.zw/
Saturday, 15 June 2013 14:17
HARARE
- President Jacob Zuma, the Sadc appointed mediator to the Zimbabwe
crisis
says Zimbabwe’s ruling parties will have to secure consensus before
proclaiming election dates.
Reacting to President Robert Mugabe’s
unilateral proclamation of an election
on July 31, Zuma’s international
relations advisor Lindiwe Zulu told the UK
Telegraph that the regional body
will not allow another sham election
reminiscent of the 2008 vote which
according to rights groups claimed over
200 lives.
She spoke ahead of
a crucial regional summit of the Sadc in Maputo today
convened to discuss a
request to fund Zimbabwe’s forthcoming election and
the state of
preparedness for the poll.
The bankrupt Harare administration has
appealed for $132 million from the
regional bloc to bankroll the
election.
“Sadc is concerned that there should be an election that is
nowhere near
what happened in 2008,” Zulu said.
“At the end of the
day, there are three parties in the coalition and Sadc
wants to see those
three parties being in agreement rather than unilateral
decisions.”
Fireworks are anticipated at the Sadc summit where the
poll date dispute is
expected to dominate the deliberations.
Mugabe
invoked powers to sidestep Parliament in a move he claimed was meant
to meet
a Constitutional Court deadline to go to polls by July 31.
Prime Minister
Morgan Tsvangirai dismissed the proclamation, accusing Mugabe
of
precipitating a constitutional crisis by turning into a “chief attacker”
of
the Constitution instead of being the “chief defender” that he must
be.
The MDC leader vowed to file an urgent constitutional court
application to
scuttle Mugabe’s move and putting up a strong protest at
today’s
extra-ordinary summit on Zimbabwe in Maputo.
Tsvangirai
argues that there has to be reforms first which include media and
security
sector and alignment of laws to the new constitution ushered in on
May 22
before any election could be held.
Tsvangirai wants Sadc heads of State
and government to exert sufficient
pressure on the president to oblige him
to rescind his decision.
The PM, who says he was not consulted about the
election dates, has hinted
that he may boycott the election.
This
would lead to an election which would have questionable credibility
within
the country and even less outside.
Mugabe’s proclamation has caused a
stir, with political parties ganging up
against his unilateral
proclamation.
According to the position paper signed by Tsvangirai’s
MDC, Simba Makoni’s
Mavambo Kusile Dawn, Welshman Ncube’s MDC, Dumiso
Dabengwa’s Zapu and Zanu
Ndonga, the parties have resolved that Mugabe
breached the country’s supreme
law by unilaterally calling for elections
without consulting his coalition
partners.
“The situation created by
President Mugabe’s proclamation will
disenfranchise many people who are
still registering to vote especially the
first time voters and so called
aliens,” reads the joint statement.
“The President is also denying
political parties and voters the opportunity
to exercise their right to
inspect and agree on the voters’ roll. There
should be a mandatory minimum
30-day period for voter registration that
started on June 10. By invoking
the presidential powers, the president
unjustifiably and unconstitutionally
usurped the powers of Parliament whose
tenure subsides on June 29,
2013.”
Bulawayo East MDC Senator David Coltart Coltart said the regional
body has
for the past four years invested time, money and energy in the
welfare of
Zimbabwe therefore a free and fair election is a
priority.
“The entire intention behind the Global Political Agreement was
to resolve
the 2008 crisis. If they realise that we are likely to go back to
the same
crisis, it is unlikely that they are going to be supportive of what
is going
on,” Coltart told reporters in Bulawayo yesterday.
“I will
be very surprised if they don’t adopt a very hard line stance on
this
issue.
“What the region needs more than anything else is stability and
what Mugabe’s
decision can only do is to destabilise not only Zimbabwe but
the whole
region.
“I also believe this is not what Zimbabweans, Sadc
and the AU need. We can
just hope and pray that sanity will one day
prevail.”
Coltart, who is also the minister of Education, Sport, Arts and
Culture said
this comes at a time the regional body has sacrificed its
credibility on the
international community to be sole guarantors to the
wobbly Zimbabwean
situation.
“A lot of time and money has been
invested in this process, to draw a line
on violence, to give our country a
chance of moving forward and we have made
amazing progress,” the minister
said.
Coltart said the danger posed by Mugabe’s declaration on election
date was
that everything the inclusive government worked so hard to save the
nation
from further collapse is bound to be torn up.
“We could find
ourselves going back to 2008 where we had an election that
lacked
credibility that plunge the country into another crisis.”
The MDC senator
said Sadc was well-versed with political events on the
ground.
“Sadc
and AU have a good intelligence in Zimbabwe. They even know that in
Zanu PF
there are people who don’t agree with this process,” he said. -
Mugove
Tafirenyika, Xolisani Ncube and Jeffrey Muvundusi
http://www.newzimbabwe.com/
14/06/2013 00:00:00
by Staff
Reporter
PRESIDENT Robert Mugabe used a presidential
decree to pass amendments to
electoral laws in order to ensure elections can
be held on July 31after the
MDC-T threatened to block the changes, it was
claimed on Saturday.
Nathaniel Manheru, a Herald columnist who is
believed to be Mugabe spokesman
George Charamba, claimed that Mugabe decided
to use the Presidential Powers
Act after Jameson Timba, a top adviser of
Prime Minister Morgan Tsvangirai,
said the MDC-T would block the amendments
in Parliament.
According to Industry and Commerce Minister, Welshman
Ncube, the coalition
parties endorsed the amendments and agreed to put them
before Parliament
during Tuesday’s Cabinet meeting.
Ncube however,
accused Mugabe of turning his back on that plan after the
Zanu PF leader
used the Presidential Powers Act to by-pass Parliament and
pass the
changes.
“We sat in cabinet on Tuesday and agreed amendments to the
Electoral Act, we
agreed to take those amendments to parliament next week …
Then out of the
blue I woke up to receive a letter from Mugabe literally
saying go to hell,”
Ncube lamented.
But Manheru said the deceit
started with the MDC-T who pretended to go along
with the amendments in
Cabinet while privately plotting to block them in
Parliament.
Diminutive minister
Manheru quoted a tweet by Timba, a
Minister in Tsvangirai’s office, who
wrote: “We will negotiate with Zanu PF
to make them see sense and the need
to do things properly in terms of
realigning the laws (not only the
Electoral Act), and ensure a credible
voter registration exercise and
(voters’) roll and all attendant reforms
before holding an election . . . if
they refuse . . . we will see them in
Parliament.
“Without us they cannot pass any law, including the electoral
amendments and
as such cannot have a lawful election in terms of the new
Constitution.
Democracy means rule by the majority … and we happen to be the
majority
representatives.”
Manheru said Timba's brag had convinced
Mugabe that the Parliament option
was out of the question since the MDC-T
would not play ball.
“It was a fatal brag by the diminutive minister; a
real threat to obstruct
law-making via Parliament. The President had been
forewarned, and thus
forearmed himself. There were other corroborating
pointers,” he wrote.
The MDCs have accused Mugabe of breaching the
Constitution and acting
unilaterally when announcing dates for the new
elections.
However, Manheru claimed that Tsvangirai deliberately avoided the
usual
Monday meeting with Mugabe and deputy premier Arthur Mutambara in a
bid to
ensure the amendments would go to Parliament where his party planned
to
block them.
“The Prime Minister, who had left the country the
previous Saturday, was
busy cuddling and lisping with his Rhodesians in
South Africa, too happy and
engrossed to come back in time for the Monday
meeting,” Manheru wrote.
“He only flew into the country after 9.30pm on
Monday, making it well-nigh
impossible to meet the President and Deputy
Prime Minister Mutambara, ahead
of the crucial Tuesday Cabinet as the three
were wont to. It was a
well-calculated absence. The President would have
been an absolute fool to
take the Parliamentary route so fraught with such
intentioned dilations.
Court ruling
“Indeed, he would have been made
to break the constitutional court ruling
and then face the music ALONE. So,
the MDC formations made the normal
law-making route unavailable, in the
process justifying the use of
Presidential powers.
“As it is, that
instrument has made it possible for the country to proceed
with elections
constitutionally, and without undermining a decision of the
ultimate court
in the land. What shall puzzle historians for all times is
why parties with
such copious legal minds never foresaw this.”
Mugabe said he had been
forced to act in a bid to comply with a
Constitutional Court ruling ordering
elections to be held before July 31.
Tsvangirai, has however dismissed the
ruling as a political directive and
insists the polls must be delayed to
allow the implementation of reforms
needed to ensure a credible
vote.
But Manheru said the MDC-T leader, who has been Prime Minister
since 2009
after agreeing to form a coalition with Mugabe, had four years to
force
implementation of the reforms he now demands.
“These guys have
been enjoying themselves for four good years, forgetting
their original
reform mission,” said Manheru.
“Nice houses, nice benzes, nice servants,
great fame, greater girlfriends,
boyfriends. They had time for sexual
legends on the high seas. A real Alice
in Wonderland scenario!
“What
is worse, they had three key opportunities to bite the reform cherry.
Amendment 18 provided them with an opportunity to effect changes to all the
laws that nagged them. And they did, principally Posa, BSA and
Aippa.
“Next came amendment 19, and again they made changes, which is how
we ended
up with ZMC and other constitutional bodies. And then next again
came the
constitution-making exercise.
What reforms?
“They made
far-reaching inputs to do with a raft of laws, including Defence
Act, Aippa,
BSA, Posa and many others. Still after four long years, still
after three
elaborate opportunities, they want more “reforms”! My goodness!”
Manheru
also poured scorn on Tsvangirai’s plan to challenge Mugabe’s
election date
in the courts and dismissed the MDC-T leader’s claim that the
country had
been plunged into a “Constitutional crisis”.
He wrote: “It seems daft in
my view to mount actions for the attention of
the same court you have
derided. It boggles the mind, as also does the Prime
Minister’s claim that a
disagreement between himself and the President
amounts to a ‘constitutional
crisis’.
“He is not an arm of Government, merely an officer of it. A
junior one at
that! A defunct one, too. When the Prime Minister stresses his
official
title and predicates on it his response to a lawful act, he brings
his post
and title up for discussion and comment.
“And he will be
reminded, not so politely, that he loosely hangs on
transitional clauses and
should thus speak with the humility of his tenuous
legal status. He is an
interlude, a pause, a comma between past acts and
future actions. And commas
allow the reader to catch breath; they are not
readers of the text
itself!
“He is a fact not of the present and future, but one of a setting
constitutional dispensation. There is no need for him to wag his
premiership, hoping that makes him fly. It is amazing that it never occurred
to him that in celebrating the coming in of the new constitution, he was in
fact burying himself together with the ghost of Lancaster!”
http://www.newzimbabwe.com/
14/06/2013 00:00:00
by Staff
Reporter
MDC secretary for legal affairs and education
minister David Coltart has
told colleagues they are better off pursuing
domestic solutions to the
bitter row over election dates instead of
appealing to the regional SADC
grouping for help.
Coltart spoke as
the top leadership of the MDC formations travelled to
Mozambique for a SADC
extra-ordinary summit where they are hoping President
Robert Mugabe will be
compelled to reverse his decision to hold elections on
July
31.
Addressing a public meeting at the Bulawayo Press Club Thursday
evening
Coltart said: “It is not worthwhile to be running to SADC all the
time.
“The irony of it is that when we take our problems to them we
attract
criticism and embarrass ourselves.
“We are a sovereign country
and I am a proud Zimbabwean. I do not believe
that as a nation we should be
guided by any outside country in solving our
problems.”
The MDCs were
left seething with anger on Thursday after Mugabe ordered
elections to be
held at the end of next month.
The Zanu PF leader also used a
presidential decree to circumvent Parliament
and pass the necessary
amendments to the country’s electoral legislation.
Justice Minister
Patrick Chinamasa said going through Parliament would have
made it
impossible to comply with a Constitutional Court ruling ordering
Mugabe to
call the elections before July 31.
Prime Minister and MDC-T leader Morgan
Tsvangirai has dismissed the court
ruling as a political directive although
he plans to challenge Mugabe’s
proclamation before the same
court.
Coltart however, said the court order, which followed an
application by a
Harare-based political activist, was binding.
“I am not
one of those who say we should ignore the Constitutional Court
ruling
because it is binding. I also do not criticise the content of the
ruling,”
he said.
“The correct procedure in my view would be to go back to the
Constitutional
Court and say it would be difficult to comply with the
ruling.”
http://timesofindia.indiatimes.com/
Melvyn Reggie Thomas, TNN | Jun 15, 2013,
10.42 PM IST
SURAT: Concerned over the weakening rupee against the dollar
and increasing
prices of rough diamond, diamantaires in the world's biggest
diamond cutting
and polishing centre in Surat have once again set their eyes
on the diamonds
produced in the controversial Marange diamond mine in
Zimbabwe.
According to reports, diamond mining companies in Marange have
been selling
their rough diamonds at 25 per cent less than the normal price
due to
sanctions imposed on the country by the US for alleged human rights
abuse in
the diamond mine and to lure Indian diamantaires.
Industry
sources said Zimbabwe's Parliamentary Portfolio Committee (PPC) on
Mines and
Energy has submitted a report stating that the diamond mining
companies
operating in Marange are selling their rough diamonds at 25 per
cent less
than normal prices in the world market. The report said the rough
diamonds
are being sold through unconventional means because major
international
banks, insurance companies and couriers do not want to be
associated with
Marange diamonds subsequent to US sanctions.
A senior office-bearer of
Gems and Jewellery Export Promotion Council
(GJEPC) said, "Zimbabwe's cheap
diamonds are attracting Indian diamantaires,
especially small and medium
buyers. They bring the diamonds to India paying
cash in order to keep their
factories running."
Rakesh Patel, a diamond dealer in Mahidharpura
diamond market, said, "The
industry is not in a position to buy rough
diamonds sold by mining companies
like DTC and Alrosa as the value of rupee
has depreciated against the
dollar. Zimbabwe diamonds have become the
cheapest option now."
GJEPC leaders said companies operating in Marange
in Zimbabwe are KP
compliant and thus the diamantaires face no technical
difficulties in
bringing the diamonds to India.
Zimbabwe expects the
diamond production at its Marange diamond mine to cross
16.9 million carats
this year. The country has grown its diamond production
by almost 1,000 per
cent in three years.
Dinesh Navadia, president, Surat Diamond Association
(SDA), told TOI,
"Diamantaires will go wherever they get cheap diamonds. If
Zimbabwe is
offering diamonds cheaper by 25 per cent, we do not have
anything to lose."
http://www.ipsnews.net/
By Busani Bafana
NKAYI, Zimbabwe,
Jun 14 2013 (IPS) - For the past five years, farmer Melusi
Mhlanga has spent
nearly 200 dollars each season for inputs, but the maize
yields have not
matched his investment.
“With good rains I have been able to get more
than 20 bags from my two
hectare field but now I barely manage 10 bags,”
says Mhlanga, who spoke to
IPS at his homestead where he has diversified
into livestock breeding.
"Our maize projections for the 2012/13 season
are below three million
tonnes, yet our national need is at 1.8 million
tonnes." -- Economic Analyst
Eric Bloch
“Good rains are important for
farmers but so is knowhow, which has been a
challenge for me, and I decided
to focus more on cattle breeding and running
a business than on growing
crops.”
Mhlanga operates a general store, a bottle store and a grinding
mill, which
he says are the new sources of income for him and his family
since the maize
failed. He now grows sorghum and millet for
subsistence.
Extension services, education and advisory services provided
by local
technical institutions, are critical in advising farmers on best
agronomic
practices to boost productivity and food security. Farmers like
Mhlanga are
potential role models under a well-funded agriculture
sector.
However, state investment in Zimbabwe’s agriculture has been
hijacked by
political priorities at the expense of long-term food and
economic gains.
Once the top contributor to GDP, farming is now second to
mining. Tobacco is
still the main agricultural export.
At the core of
Zimbabwe’s agriculture success is its main asset – land.
Reforms availed
more land to more people.
But without investment, there is no cheap
finance to buy equipment and
inputs, and no adequately financed and
resourced extension services.
“Agriculture and land has become a
political football between the main
national parties, and with the donors,”
Ian Scoones, an agricultural
ecologist and professorial fellow at the
Institute of Development Studies at
the University of Sussex, UK who has
extensively researched Zimbabwe’s
agricultural sector, told
IPS.
“Neither ZANU PF [Zimbabwe’s ruling party] nor the MDC [the leading
opposition party] have a coherent agricultural and rural development policy.
Neither has thought through the implications of land
reform.”
Scoones, co-author of the critically acclaimed book “Zimbabwe’s
Land Reform:
Myths and Realities”, explains that historically, Zimbabwe has
invested
massively in agriculture – in the pre-Independence period with the
focus on
building white commercial farming, and the period immediately
post-Independence smallholder farmers in the communal areas.
“Since
2000, the land reform programme took precedence, and, for a period,
agricultural investment was run directly by the Reserve Bank of Zimbabwe,”
said Scoones. “Much of this spending was inappropriate, corrupt and so
poorly focused. Since 2009, with the stabilisation of the economy, there has
been some limited investment, but not enough.”
Economic analyst Eric
Bloch said Zimbabwe can restore its agricultural
fortunes but first needs to
tackle its external debt burden, convert current
offer letters on land to
transferable leases, and clarify the implementation
of the Indigenisation
Act, which is precluding potential investors.
“We are in a food
insecurity situation as we are still dependent on
international food aid and
maize imports,” Bloch told IPS. “Our maize
projections for the 2012-13
season are below three million tonnes, yet our
national need is at 1.8
million tonnes. That is why we are importing 1.5
million tonnes from Zambia
and other countries.”
The World Food Programme estimates that up to 1.6
million Zimbabweans will
need food aid after a poor harvest by smallholder
farmers who contribute
about 50 percent of the national maize
crop.
“The only times that the government has put a lot of resources into
agriculture is during election years for obvious reasons,” agricultural
economist and farmer Peter Gambara told IPS.
“This year, Minister
[Tendai] Biti tried to put more resources into
agriculture because it is now
accepted that the performance of the
agricultural sector is affecting the
performance of the whole economy, and
he has been criticised by fellow
ministers and the president for failing to
allocate adequate resources to
such an important sector like agriculture.”
Unveiling Zimbabwe’s 2013
budget, Finance Minister Tendai Biti projected
that agriculture will grow by
4.6 percent, up from a negative 5.8 percent in
tumultuous 2008.
Zimbabwe faces new political and legal uncertainty after President Robert Mugabe unilaterally proclaimed July 31st as the election date. Mugabe used a presidential decree to fast track electoral laws to by-pass parliament, claiming he had to do this to comply with the Constitutional Court order to hold elections by this time. Prime Minister Morgan Tsvangirai has reacted angrily and intends to challenge the decision through the courts. On the Hot Seat programme, Violet Gonda speaks to prominent constitutional lawyers Dr. Lovemore Madhuku, Derek Matyszak and David Coltart, who is also the Minister of Education, on the unfolding constitutional crisis in Zimbabwe. Why does Madhuku say the MDC formations must just ‘swallow their emotions’ and accept that elections should be held next month? And why do the other two insist it is impossible to finalise electoral processes within the remaining time frame?
Broadcast: 13 June 2013
VIOLET GONDA: My guests on the Hot Seat programme are constitutional lawyers Dr. Lovemore Madhuku, Derek Matyszak and David Coltart, giving us their opinions on the legal and political challenges facing the coalition government regarding the holding of elections. Please note the interview was recorded the night before President Robert Mugabe unilaterally set July 31st as the election date but what we had to discuss was still relevant. Zimbabwe has seen an unprecedented number of court challenges filed before the newly constituted Constitutional Court, to deal with the forthcoming elections. So I started by asking Mr. Coltart to give us the implication of these court challenges.
DAVID COLTART: Well it all started of course with case one, the first case that the Constitutional Court handed down on the 31st of May which has given Zimbabwe this date of the 31st of July; I’m not aware of all the cases which have been filed but I was advised yesterday that since that case was filed a further 31 cases have been filed. I only know the details of one of those cases but they may be the solution to this constitutional crisis we find ourselves in – because the Constitutional Court has ruled, that it’s the superior court, there’s no appeal from the Constitutional Court and we are stuck with that judgement until it is changed and I hope that through one of these cases which are being brought to the Constitutional Court, as I say, we’ll get a resolution to this crisis.
GONDA: The Constitutional Court was only set up last month so are all these 31 cases election related?
COLTART: I have no idea what they are to do with. I only know about one of the cases brought by a Bulawayo-based woman who was an alien prior to the new constitution, is entitled to citizenship and has brought this case pointing out that there’s this 60 day period that has to be complied with and that if the country sticks with the 31st of July date, her rights will be violated, her rights in terms of the constitution will be violated. But I really don’t know what the content of the other cases is.
GONDA: Dr Madhuku what do you make of all these cases that are before the Constitutional Court and I understand that there’s also an activist Mr. Nyikadzino from the Crisis Coalition who has also filed an urgent application regarding the elections.
LOVEMORE MADHUKU: My response is based on a distinction I would want to make between the legal position and what I may call political convenience or political preference. I think the legal position as everyone knows very clearly, the Constitutional Court made a decision – for now that is the decision, that is the law, and guiding us, we are bound by that decision, there has been no debate about that. And then the second thing legally is that all those people that are going to the Constitutional Court are perfectly entitled in law to approach the Constitutional Court when they feel that their rights have been infringed, they have the right to do that. But until a decision is made to the contrary, the decision that was made on 31 May is still the decision that is binding on the country.
Unfortunately, unlike when you make an appeal from a lower court to a higher court you have a rule that says the decision that you are appealing against is suspended but with these the applications would not count for anything at law unless the applicants seek that pending the hearing of a matter, some remedy is given to them, possibly restraining or varying the order.
So for now those applications are encouraging; that’s a constitutional democracy at work, people must go to the courts.
Regarding political convenience – whether it is in the light of so many applications being made to the Constitutional Court, it would be wise for our political leaders, in this case the president and his team, to continue to abide by the Constitutional Court’s decision. I think that is a matter of opinion. I think many people making those comments would be doing it purely from their own inner self; what is their political perception, what they think is the right thing to do. I feel that elections must now take place, they are long overdue, and so anything that will lead to an election, for me out of self-interest, I would go for an election.
GONDA: We’ll come back to that issue but let me just get Mr Matyszak’s views on this. You know some cynics are saying that there is now a risk of testing the constitution to the extent that it will break with all these applications that have been put before the Constitutional Court. Do you agree with this or this is constitutional democracy at work as Dr Lovemore Madhuku has said?
DEREK MATYSZAK: Obviously it’s a healthy sign if the Constitutional Court is being asked to adjudicate on issues pertaining to human rights and the elections but I think this plethora of actions to the Constitutional Court is an inevitable result of the ill-conceived order that the Constitutional Court gave requiring elections to be held by 31st of July because there is now the dilemma that the president cannot comply with both the Constitutional Court order and with the constitution and electoral legislation. So inevitably when the Constitutional Court order gives rise to breaches of the constitution and to breaches of the Electoral Act then inevitably there are going to be court applications around that. So it’s something that the Constitutional Court has brought upon itself by not thinking through the order it gave on the 31st of May.
GONDA: Mr. Coltart Prime Minister Tsvangirai wanted the president to approach the Constitutional Court and ask for a delay – do you agree with this?
COLTART: Well I don’t think it may be necessary for the president or any political leader to go to the Constitutional Court because there are already these cases, at least one of which I know about, which are going to tackle the very issues that give rise to our concern. There’s no doubt that we have to go back to the Constitutional Court, I agree with Dr Madhuku – the Constitutional Court has ruled, we are bound by that ruling until that ruling is varied, we are stuck in this constitutional crisis. But there’s no doubt that it has to be changed because there cannot be compliance with that ruling and compliance with the constitution. Because of the delay in the start of the voter registration exercise, which only began on Monday 10June.
There is an absolute minimum period of 60 days that has to be gone through and I stress minimum – it can be argued that it’s longer than that, it can be argued that it’s a minimum period of 74 days that has to be complied with in terms of the new constitution before an election can be held and so somebody has to go to court. If we don’t get a variation to the order, we will face a really terrible constitutional crisis; we have just enacted the new constitution which allows for this Court and our first act is going to be to either violate the constitution or to violate a ruling of our Constitutional Court and that’s not a very good start.
GONDA: I understand that cabinet met on Tuesday and actually discussed the amendments to the Electoral Act so can you tell us some of the major changes that were made during this debate and also what does the law actually say about the timing of elections in terms of the Electoral Act?
COLTART: There have been a variety of changes to the electoral law agreed to and they are all very positive changes. I think that they will promote democracy, I’m very happy with the provisions that will govern for example the proportional representation provisions in the new constitution. There are other provisions – for example the amendment to Section 57 which many parties were worried about that; that’s the clause that obliged voters to show their ballots to a returning officer prior to putting it in the ballot box and many felt that intimidated voters. That has now gone and there are a variety of other provisions.
There was a broad consensus in cabinet which surprised me and these amendments are now going to be integrated into a final draft and I think that that will probably be presented to parliament next week and because of the consensus achieved in cabinet I have no doubt that it will pass through parliament without any problem.
So that was the one thing – we looked at the Electoral Act, the other thing we looked at was the process of voter registration. I obviously can’t go into too much detail, I’m bound by the Official Secrets Act but suffice it to say that there was acknowledgement that the voter registration exercise in terms of Section 6 of the Sixth Schedule only began on the 10th of June, this past Monday. There have been stories in the Herald that this started somehow automatically with the passage of the new constitution even though there was nothing happening on the ground, well that’s been acknowledged and that in itself means that the elections simply cannot be held on the 31st of July and be in compliance with the constitution so my sense is that the election is not going to be on the 31st of July but clearly what we need prior to that decision being taken is an order from the Constitutional Court that the elections cannot be held on the 31st of July and still be compliant with the constitution.
GONDA: Dr Madhuku – your response to this?
MADHUKU: Well I need to say that any failure to comply with that Constitutional Court judgement would be very unfortunate for the country and also a very bad precedent. I think what Minister Coltart is saying is correct that there would be two problems – the Constitutional Court ruling and then the constitution but as far as I see it, if we are faced with those two – either to break the ruling of the Constitutional Court or to break the constitution, if we were to be forced to do that then I think we should break the constitution because the provisions of the constitution that are being broken relate mainly to the registration process which the executive can easily speed up. I think the whole purpose of a registration process ensures that every person eligible to vote is registered. The executive must simply provide the resources required to register everyone. Currently what they are doing – they have teams, initially they announced that they were going to have a team per ward but when the programme was rolled out we saw that that was teams per district. So even if we are moving around there are so many places where there is nothing taking place; even when you say 30 days, it’s not 30 days in my place where I am in my community, for 30 days I am entitled to register and I’ll be able to register. It won’t be 30 days, it’s 30 days across the country. In my area for example they will be there for just two days. So any failure to comply with the Constitutional Court must not be blamed on the Constitutional Court. I think it must be blame on the executive. Why is the executive not providing sufficient resources to ensure that we comply with the rest of the things?
There are two types of people currently criticizing the Constitutional Court. There’s one type of person who says look the Constitutional Court did not think through the issues, it’s simply not doing its work – I think Derek’s approached seems to be in that group that says well it was an ill-conceived decision therefore you don’t even need to comply with it. But the other groups says the Constitutional Court in its wisdom has made this decision but that decision is not practicable, let’s find ways of still retaining the country to some legal framework – which is what I seem to be hearing from Minister Coltart who is appreciating that.
I think we should be clear in this debate in this country – are we saying we don’t care about unreasonable decisions from our courts or we say even where we don’t find that the decision is unreasonable let’s be seen to be respecting the very concept that courts are there to make decisions and that when those decisions are made they should not be lightly ignored.
But the trend I’m seeing among our politicians is quite disturbing. Some of them are really simply just trashing the Constitutional Court but what are we going to be after this decision? There will be other decisions, other decisions, it won’t be right.
I also want to raise another problem which I hope my two colleagues will have to attend to as well – if you criticize the Constitutional Court at the very core and say that this is an unreasonable decision but you still go back to the same Court and you ask that same Court now to be reasonable, you may be sending a message to this Court that I’ll only respect you when you are reasonable within my own framework or in terms of my own framework and that will be problematic. So just to make my point clear – I believe that we can still comply with the 31 July deadline if our executive simply starts doing its work which is to ensure that they have to do everything possible to comply with that judgement.
GONDA: Mr Matyszak what do you make of that especially on the point that Dr Madhuku raised that if he had to choose he would rather break the constitution than block the elections? As a constitutional lawyer do you agree with this?
MATYSZAK: No, no not at all, there’s absolutely no reason for anybody to behave illegally. We saw repeatedly over the by-elections saga, the president approaching the court to say I need more time, the order you’ve given me is not practicable, I can’t implement it, I need more time – so why can the president not do the same thing with this particular court order which is obviously ill-conceived? It’s impossible for the 30-day registration period, which is a requirement of the constitution, to be implemented and the Court order to be implemented and I don’t know why Dr Madhuku can’t see that and keeps saying that it’s possible for registration to take place. That 30 days is a constitutional requirement and it must be complied with.
The Court order – nobody is disrespecting the Court and that is why the Court must be approached to say I’m terribly sorry but I can’t comply with this because I’ll break the constitution if I do so, please could you extend the time period. That’s not disrespecting the Court, that’s respecting the Court. Nobody is suggesting that the Court order should simply be ignored.
But I would also like to take up the points about the amendments to the Electoral Law, which were raised by Minister Coltart. One of the amendments that was not mentioned by Minister Chinamasa as reported in the Herald and was not mentioned in Minister Coltart’s reply to you even though you specifically raised the point is the amendments relating to the timing of the elections. Now just last year the political parties agreed to an amendment to the Electoral Act to extend the timing of elections so that from the proclamation issued by the president, there had to be a 63 day period before the actual elections were held and this 63 days was inserted precisely at the request of ZEC, the Zimbabwe Electoral Commission, because they said they needed that period in order to get their logistics in place for an election. So what I would like the Minister to specifically reply is – what time period was agreed between the parties because if it is less than the period simply that was agreed only last year, it seems like that time period would have been trimmed down specifically to deal with the president’s dilemma. I’d quite like to hear from the Minister on that point Violet.
GONDA: Mr Coltart?
COLTART: There are quite a few issues to respond Violet, if I could just be as briefly as possible. First of all, I don’t believe that we’ve got any choice, to come back to Dr Madhuku’s comment. We have to comply with the Constitutional Court and we have to comply with the constitution. Both of those are non-negotiable, it’s not a matter of choice and if we can’t comply with the Constitutional Court, then we are obliged to go back to the Constitutional Court to say so. And I think it’s very obvious that there can be no compliance with the constitution. Dr Madhuku said in his remarks that he felt that if sufficient resources were applied to this, if there’s political will, that we could still fit it within the time frame and hold an election before the 31st of July. With respect to him I don’t agree with that. I think it’s legally and constitutionally impossible to fit the election within that time frame. It might have been possible on the 31st of May had we immediately started voter registration then we might have been able to fit it in but because of the need to educate those conducting voter registration, that hasn’t been possible. They would have had training courses and the clock only started ticking on Monday, on the 10th of June.
And as I say, there’s two periods of 30 days. The 30-day minimum period that is required for voter registration and inspection. The voters’ roll can only be compiled once that process is over. So you cannot have the nomination court until that process of voter registration has taken place. The second requirement is that there has to be a 30 day period in terms of the constitution, not the Electoral Act, a minimum period of 30 days from the nomination court to the date of the election. So that’s 60 days, it started on the 10th of June.
No matter how much money, you could put billions of dollars to this process, you can have all the political will in the world, you cannot fit that within the time frame of the 31st of July and comply with the constitution. So there’s no way round that.
But to come to Derek’s point regarding the length of time specified in the Electoral Amendment Act which was passed last year which is this fairly extensive period that the Zimbabwe Electoral Commission asked for, that has been reduced and is more in compliance with the constitution. When I say in compliance, it is compliant with the new constitutional provisions but it is shorter than those periods that Derek mentioned. He suggested that that was done to enable us to comply with the 31st of July date but that is not the case because as I just said even if we cut it down to a period of 30 days between nomination court and the election, we can’t comply with that 31st of July date.
I’ve spoken to many and there are real concerns about whether an election can be run efficiently within those minimum time frames and that’s where the Zimbabwe Electoral Commission has a valid point in asking for a longer time.
The problem that we face now is that the economy of this country is suffering, business is dead in the country, we desperately need an election as soon as possible and unfortunately the country no longer has the luxury to have that extended period going into well over I think, over 60 days. In fact it’s more than that between proclamation and the election and so we have to try and hold the election within the minimum time frame possible.
GONDA: Dr Lovemore Madhuku can you respond to what Mr Coltart has said regarding the issue of the time limits where he says legally and constitutionally it is impossible to fit in the elections by July 31st. So how would you fit in everything in the period that is left?
MADHUKU: I think it’s not relevant what he is saying. He’s just expressing his interpretation of the constitution and thinks that the 30 days is something that we can’t move away from but we have a Constitutional Court decision that says elections must be held by 31 July. That decision was made by seven lawyers that would have an idea that there was a new constitution and that they would have obviously taken that into account. Whether that decision was not properly done or not, it is a standing decision and that’s a law on its own.
Nations are not run on the basis of legal opinions by lawyers, they are run on the basis of what decisions have been made by either the executive or by the courts. Here we have a court decision so I would think that when a breach takes place like for example if the 30 day period is then not complied with because there is some compliance with the Constitutional Court, that would still be perfectly acceptable as far as I see it. If for example the president were to say well I’m still proclaiming 31 July, we have lost ten days of voter registration in terms of provisions of the constitution but I have to do this because I have to comply with that Court. He will have to go to the same Court to ask the same Court to say look, here has the president breached the constitution? I think that Court will give us another ill-conceived decision that will say he has not broken the constitution. If you go back to the Court there should be no assumption that going back to the Courts you’ll get a favourable decision. All those 35 or so applications that have gone to the Court may easily be dismissed by the Constitutional Court which will say look go by what we said in the last judgement. What do we say? We have to comply, that is a better way to run a country.
GONDA: But Dr Madhuku there are some people especially from the MDC formations who have said the decision by the Court was political. Only two of the nine-member panel of judges disagreed with the ruling, with the Deputy Chief Justice Luke Malaba actually saying that in his opinion the decision ordering the holding of the elections by July 31st defied logic. Justice Malaba also said the constitution actually allows for elections to be held four months after the dissolution of parliament.
MADHUKU: Violet I think we should be very clear that those arguments were arguments that were presented to Court. When this matter was taken to Court by one of the citizens, the arguments coming from various political parties were quite the same arguments we are making now; it’s impossible; we have a four month period; we have a new constitution – all those arguments were presented in Court. The Court was very much aware of the various arguments being made and that raises… (interrupted)
COLTART: Violet can I come in here …
MADHUKU: …why do we create Courts? If there are disputes you go to a court. There is a dispute in this country about when to hold elections. That dispute has been resolved by a Court, which I’ll admit may be politically driven but unfortunately that is the Court, which is there for now and we have to go by it. We are better off being seen to be going by those institutions than raising arguments over and over again. I would advise Minister Coltart and this group of people in the executive to just swallow their emotions and then accept that they have to go to an election – organize an election, 31 July we have an election and we are done.
GONDA: Mr Coltart you wanted to say something before Derek Matyszak?
COLTART: Yes please if I may. I think the first point I need to make is that I don’t have to swallow any emotions because in my entire contribution to this evening and even prior to this, I hadn’t actually criticized the judgement. I’ve simply said we need to look at the effect of the judgement and the constitution. I stand very firmly with Dr Madhuku on this point that the Constitutional Court judgement has to be respected but also that the constitution itself has to be respected. But I just want to come back to an aspect of this – Dr Madhuku has said that we are relying on legal opinions; yes in one sense we are but these are not legal opinions on obscure interpretations of legal provisions. We’re talking about days: 30 days is 30 days. That needs very little interpretation. Thirty plus 30 is 60. There’s no way round that interpretation.
But one other point I’d make is that in the judgement of the Chief Justice, he never spoke about Section 6 of the Sixth Schedule. In other words the 60 day, the 30 day voter registration process, it didn’t come into his judgement, Justice Malaba referred to it. And so it’s a major flaw in that judgement that they never looked at Section 6 of the Sixth schedule.
But to give credit to the Chief Justice, there’s a very important clause in his judgement in which he says that the Court has to consider all the current exigencies in arriving at its judgement and it must not make an order which forces the first respondent, namely the president, to act in violation of other electoral provisions. So the Chief Justice himself in his judgement was very aware of the fact that any Constitutional Court judgement has to be in compliance with the constitution and the Electoral law. So that’s why I feel that we’ve got very strong grounds to go back to the Constitutional Court to say we’re not attacking your previous judgement, we don’t even have to go into that whole debate regarding the four month period, we simply have to look at the time provisions and to see the factual situation. And we know the factual situation is that the voter registration process only began on the 10th of June, we look at the provisions of the constitution, there is an absolute minimum period of 60 days and in terms of the Chief Justice’s own statement in his judgement, the Court must be asked to vary its judgement so that its order is brought into compliance with the dictates of the constitution. That is the way out of this.
GONDA: Derek Matyszak can you give us your thoughts on this, especially on what Mr Coltart’s last point that on the one hand Chief Justice Godfrey Chidyausiku said elections must be held before July 31st but on the other hand he said the president has to consider all the current electoral provisions. Doesn’t that confuse matters?
MATYSZAK: Yes I agree Violet. Dr Madhuku is quite correct that the Court order has to be respected but Minister Coltart is also correct that the constitution has to be respected. And the constitution doesn’t only have to be respected by the president and the citizenry, it also has to be respected by the Constitutional Court and if the Constitutional Court starts giving orders which violate the constitution and starts making what Dr Madhuku has regarded as law, which contradicts the law which is passed by the legislature, we have a serious problem with the separation of powers and the majority of judges in the case that we are discussing specifically emphasise the importance of the separation of powers. We cannot have the Constitutional Court setting dates for an election, which are not provided for by the legislature and as determined by parliament.
So as Minister Coltart pointed out, these particular exigencies, which have arisen, were not there when the majority gave their judgement. And we have a second problem which has arisen – that the president cannot announce the election dates until the Electoral Amendment Act has been passed and it doesn’t look like that is going to be passed until after the 17th of June, which once again makes it impossible for the July 31st deadline to be met.
Minister Coltart keeps on referring to a period of 60 days; my calculation is 74 days. There’s the 30-day registration period, there’s the 14 days thereafter for the nomination court to sit and then there’s the 30 days after that for the elections to take place. So those time periods make the 31st of July impossible.
The correct step, as we constantly emphasise is there’s no need for any law to be broken, there’s no need for the constitution to be breached and there’s no need for the Court order to be disrespected. The correct course of action is for the president to approach the Court and to ask the Court for directions to indicate that he has been put in an impossible position and to see what the Court decides under the circumstances.
GONDA: What happens in a situation where the concerned parties are using the same laws to defend their positions? Like one example is where the president is saying that he has to abide by the Court ruling to call for the July elections but on the other hand the prime minister is saying the president is not allowed by law to unilaterally declare the date of an election without consulting him. So what happens in a situation like this?
MATYSZAK: Well I think with respect to the prime minister I think he’s got this one wrong. If you read the Eighth Schedule to the old constitution, and it’s a moot point whether that’s still in force, but even the GPA from which the Eighth Schedule is drawn, simply says that the president has to consult the prime minister on the dissolution of parliament and that would mean dissolution by presidential proclamation -so that would only apply if parliament is to be dissolved before June 29th. If parliament is dissolved automatically on June 29th there’s no need for the prime minister to be consulted because he is only consulted around the dissolution of parliament and not the actual date of the election.
GONDA: Dr. Madhuku the last question is to do with the special SADC Summit on Zimbabwe in Maputo on Saturday – what can SADC realistically do without going against the laws of a sovereign country?
MADHUKU: I think SADC will continue to do what it has done which is just to encourage the people of Zimbabwe to try and have free and fair elections. I don’t think SADC will deal with issues to do with our constitution and to do with the Constitutional Court. They are very much entitled to just discuss and keep encouraging Zimbabweans. And I think in the context of that, they might be encouraging either the president or the other parties to do what my two colleagues are saying that you will approach the Constitutional Court to seek a variation and so forth. Those are the only things that can happen at SADC level.
GONDA: Mr Coltart what options are there for SADC and what are you going to go to Maputo to ask SADC to do?
COLTART: Well I suspect after Tuesday’s cabinet meeting we’ll find in Maputo that there’s going to be a much greater level of consensus. Perhaps I’m being overly optimistic as I don’t know what has happened in the Politburo meeting today, but certainly from what I saw in cabinet there is a much broader consensus within cabinet about the way forward. So I hope that we’ll see this weekend, the emergence of that consensus, that we’ve got to be compliant with the constitution and the only way that we can do that is by seeking a variation of the order and then we resolve this crisis, get the voter registration completed and then start the electoral process.
GONDA: And Mr Matyszak what influence does the international community have on SADC given that it appears they are pushing for stability instead of legitimacy?
MATYSZAK: Well I think that has always been SADC’s position as well as to push for stability rather than legitimacy. I think SADC might, as Minister Coltart said, lean upon Mugabe to try and extend this 31st of July date; they’ve seen Mugabe extending dates for by-elections until they became irrelevant so they might be a bit bewildered as to why he can’t do the same thing around the 31st of July date. But one of the things that I think will emerge around extending the 31st of July date is that the implications of the Constitutional Court ruling are that even if the 31st of July date is extended, it must be extended as little as possible and the problem that then poses for the politicians is that the extension will take you right to the UNWTO Conference and I don’t know that the Constitutional Court can feel that it can take such a conference into account because that is a wholly political consideration and not a legal consideration. So there’s something of a dilemma that has emerged for the politicians from this Constitutional Court ruling.
GONDA: You were listening to constitutional lawyers Derek Matyszak, Dr Lovemore Madhuku and David Coltart on the programme Hot Seat. They were giving us their opinions on the legal and political challenges facing the coalition government regarding the holding of elections.
http://www.theeastafrican.co.ke/
By Peter Kagwanja &
Laureen Wesonga
Posted Saturday, June 15 2013 at 14:19
The
Zimbabwe Constitutional Court has ruled that a general election must be
held
by July 31.
However, a decision by Zimbabwe’s Prime Minister Morgan
Tsvangirai to reject
the order has deepened an electoral impasse.
The
stand-off between Zimbabwe’s main political parties has increased the
prospect of using the country’s security forces to ensure stability and
peaceful elections.
Two views explain the likelihood of involvement
by Zimbabwe’s security
forces in the coming election.
One view sees
the military as the greatest threat to the Zimbabwe’s
democracy because of
its overtly partisan role in politics.
This line of thought is expressed
in the recent report by the New York-based
human rights lobby, Human Rights
Watch, titled The Elephant in the Room:
Reforming Zimbabwe’s Security Sector
Ahead of Elections.
Zimbabwe’s military, police and intelligence chiefs,
the report says, have
been “clear, public and vocal” about their support for
President Robert
Mugabe and his Zimbabwe African National Union-Patriotic
Front (Zanu-PF).
Nothing short of sweeping reforms of the security sector
can deliver free
and fair elections in Zimbabwe.
The second view is
that Zimbabwe’s military is the praetorian guardian of
the country’s
nationalist revolution.
Since the defeat of the constitutional referendum
in 2000, Zimbabwe’s
security forces have interpreted their role as that of
preventing
“neo-imperialist agents” in the opposition, civil society and
internationally, from effecting regime change.
The armed forces are
at the core of Zimbabwe’s crisis — mainly a systematic
assault on the rule
of law, democratic elections and governance, and the
independence of the
judiciary, media, civil society and academia.
Opposition pundits fear a
repeat of the role that the military played in the
March 2008 election,
during which 36 people were killed, 2,000 injured and
thousands beaten and
displaced.
Although the Movement for Democratic Change (MDC) narrowly won
the
parliamentary polls that year, its leader, Morgan Tsvangirai, failed to
clinch the 51 per cent votes required to avoid a run-off against Mugabe in
the presidential ballot.
Mr Tsvangirai withdrew from the ensuing
runoff vote, citing violence against
his supporters. Ahead of the 2013
elections, the military appears all set to
being used to tip the balance in
favour of Mugabe and his Zanu-PF.
Zimbabwe’s Praetorians
The
prevailing policy thinking is that Zimbabwe’s military should be
delinked
from politics in order to stabilise the country and realise genuine
democracy.
But this is easier said than done.
The
military-politics nexus was forged on the anvil of the country’s
nationalist
struggle before Independence in 1980, making this involvement in
politics
historical, unique and almost inextricable.
Zimbabwe is one of the few
African countries where nationalist guerrilla
fighters ascended to power as
a collective, thus blurring the line between
politicians and
soldiers.
As such, Mugabe and his deputy, Joyce Mujuru, representing this
revolutionary heritage, reveal the thin line between the securocrats and the
political class in the ruling party.
As the 2013 election campaigns
get under way, the ties that bind the
military and the political class are
varied. The view of Zimbabwe’s armed
forces on democracy is heavily tinted
by a nationalist outlook and a
militaristic mindset.
The military has
interpreted the crusade for liberal democracy by the
opposition and civil
society as an assault on the nationalist legacy and a
threat to stability.
In the run-up to the election, Zimbabwe’s security
chiefs have publicly
declared that they will back President Mugabe and
Zanu-PF.
In early
May, security chiefs were irked by an article published by the
Zimbabwean
newspaper, The Independent, claiming that they had met with Mr
Tsvangirai to
discuss military reforms.
Police Commissioner General Augustine Chihuri
stated that the security
forces would never meet Mr Tsvangirai, and warned
that anyone who reported
on or raised the issue risked arrest.
In the
same anti-opposition vein, the commander of the Zimbabwe Defence
Forces,
General Constantine Chiwenga, said he would not meet with Mr
Tsvangirai,
adding that: “We have no time to meet sell-outs. Clearly
Tsvangirai is a
psychiatric patient who needs a competent psychiatrist.”
On May 7, the
police arrested The Independent’s editor, Dumisani Muleya, and
its chief
reporter, Owen Gagare. They were interrogated and detained for
eight hours
before being charged with publishing or communicating false
statements
prejudicial to the state.
President Mugabe has welcomed the support of
the military chiefs. But he
advised them to be more tactical and to tone
down their rhetoric.
Nationalist Rhetoric
The country’s 30,000
strong armed forces have gained total control of
political life in Zimbabwe,
in the years after 2008, when MDC become the
majority party in parliament
and Mugabe nearly lost the presidential docket,
forcing Zanu-PF to
reluctantly enter into a power-sharing arrangement with
the
opposition.
The military chiefs are deeply wary of Zanu-PF’s real
vulnerability to a
united opposition.
Also worrying to the military
chiefs is Zanu-PF’s failure to roll out its
campaign on time. The party has
been slow to finalise its rules and
regulations to guide its primary
elections.
The party’s election manifesto has three planks: land related
grievances,
defending the nationalist legacy, and
anti-imperialism.
Zanu-PF’s military strategists are aware that this time
round, nationalist
rhetoric alone will not sell to Zimbabwe’s
poor.
As such, the strategists have unveiled a high-profile
indigenisation and
economic empowerment drive for 59 community share
ownership schemes and
several employee ownership trusts across the
country.
Even more worrying to the military is Mugabe’s advanced age of
89, which has
exacerbated Zanu-PF’s internal power wrangles and raised the
stakes for
succession politics.
Intra-Zanu-PF factional power
struggles pit the conservatives led by Defence
Minister Emmerson Manaangwa,
against the moderates rallied around Vice
President and Mugabe’s de facto
heir Joice Mujuru — the wife of the late
general Rex (Solomon)
Mujuru.
However, Mugabe is the glue that holds the military and the party
together.
Zimbabwe’s military and party elite are also united by a shared
fear of an
opposition they accuse of being a neo-imperialist
vehicle.
In recent elections in Zambia and Kenya, the victors — Michael
Sata and
Uhuru Kenyatta, respectively — ran anti-Western
campaigns.
Zimbabwe’s experts are silently writing Zanu-PF’s epitaph,
hoping that this
time the country’s fractious opposition will see sense in
strategic unity.
But the military elite dread the prospect of a united
opposition.
Since its formation as a mass movement in 1999, Zimbabwe’s
opposition has
been unable to overcome a crisis of leadership, vision and
strategy.
MDC has failed to unite since it split into two parties ahead
of the
formation of the 2005 parliament. The factions are led by Mr
Tsvangirai
(MDC-T), and Professor Welshman Ncube and Arthur Mutambara
(MDC-M).
In a paper titled The Prospects for Electoral Pacts and
Democratic Progress
in Zimbabwe, the director of the Zimbabwe Democracy
Institute, Pedzisai
Ruhanya, argues that a united opposition would have
defeated Mugabe hands
down in 2008, having garnered 72 per cent of the vote
in Harare against
Mugabe’s 19 per cent, and 88 per cent in Bulawayo against
Mugabe’s 11 per
cent.
In contrast to Zanu-PF, Mr Tsvangirai has been
first off the block in the
campaign, even as he calls for the postponement
of the poll until the
implementation of reforms.
The opposition has
already held party primaries, confirmed sitting
legislators, convened its
policy conference, and kicked off a programme of
rallies on May
20.
However, Mr Tsvangirai and his MDC wing lost much of the grassroots
support
they commanded in 2008, after they joined the power-sharing
government.
Zanu-PF’s claim that MDC is a neo-imperialist agent has also
exacted its
toll on the opposition’s popularity. Moreover, the opposition is
still
struggling to develop a galvanising campaign message to counter
Zanu-PF’s
nationalist rhetoric.
Strategy change
Party
sympathisers within and outside Zimbabwe are calling for a change of
tack.
In an article headlined “How Morgan Tsvangirai Can Beat Robert
Mugabe,” the
UK Guardian urged Mr Tsvangirai to adopt a campaign message
“reminiscent of
Mugabe’s tone” if it is to stand a chance at the
elections.
“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,” the paper says.
Specifically, Mr Tsvangirai will have to
“convince some of Mugabe’s softer
supporters that he can secure the gains of
the current regime, such as land
reform.”
But MDC and Mr Tsvangirai
do not have the time to craft such a radical
strategy before the end of
July.
President Mugabe’s party must ensure that the Zimbabwe Electoral
Commission
(ZEC) delivers a credible result. So far, the electoral body has
shown some
competence, having conducted a successful constitutional
referendum on March
16-17, with the highest voter turnout in Zimbabwe’s
history.
But the opposition and civil society are concerned about the
neutrality of
ZEC, arguing that its current officials are the same ones who
presided over
the controversial 2008 general elections.
Moreover, ZEC
will conduct the election in the absence of major
legislations.
Despite the adoption of a new Constitution, there is
not enough time, before
July 31, to conduct proper electoral reforms,
conduct voter registration and
vet the electoral roll.
Parliament
will be dissolved on June 29. The Grand Coalition Cabinet has
approved a
30-day voter registration exercise estimated to cost the taxpayer
$21
million.
The election will also be the most expensive in Zimbabwe’s
electoral
history, tipped to cost $132 million.
The new Constitution
does not allow Zimbabwe’s sprawling and largely
anti-Mugabe diaspora to
vote. This has not only reduced the cost of the
election, it also augurs
well for Zanu-PF, but sets back the opposition,
which enjoys overwhelming
support from the diaspora.
Even as the election deadline draws near,
Finance Minister, Tendai Biti has
admitted to the inability of the state to
foot the bill of the election
process.
President Mugabe has rejected
an offer by the UN and external players to
fund the polls. This follows a
request by the UN to send an international
observers mission to monitor the
election, which Zanu-PF saw as an excuse by
international forces to meddle
in Zimbabwe’s affairs.
New Constitution
However, the adoption of
the new Constitution in March, signed into law by
President Mugabe on May
22, has significantly levelled the electoral field
and increased the
prospects of stability.
It has abolished the office of the prime
minister.
Furthermore, the Constitution sets two-term limits on the
presidential
position. But this clause is not applicable retrospectively,
thus allowing
Mugabe to run for two more presidential terms.
The
Constitution also strips the president of immunity upon expiry of his
term.
This fosters fear of Western pressure on the Hague-based
International
Criminal Court to prosecute President Mugabe for alleged
crimes against
humanity in his 33-year rule. President Mugabe is thus likely
to seek to
remain in power at all costs.
In this regard, the
Constitution has not resolved the crisis of Zimbabwe’s
politics.
The
military and political elite in Zanu-PF do not view civil society as a
neutral arbiter in the transition. Rather, they see it as an arm of the MDC
and its external allies.
However, Zimbabwe’s civil society has played
a pivotal role in civic
education on the new Constitution, and voter
education ahead of the
election.
The country’s reform deficit is on
the downside of the Southern Africa
Development Community (SADC), the
principal guardian of the 2008 Global
Political Agreement
(GPA).
Although the regional bloc established the Joint Monitoring and
Implementation Committee (JOMIC) to monitor and spearhead post-election
reforms, the committee has not been robust in monitoring the
GPA.
Zimbabwean political parties have resisted efforts by JOMIC to
transform
itself into an election monitoring group. After June 29, JOMIC’s
mandate
will lapse at the same time the legal tenure of the GPA
expires.
SADC could influence Zimbabwe’s election as the premier regional
body and
the guardian of the GPA. On May 26, Zanu-PF spokesperson Rugare
Gumbo said
Harare will respect SADC’s call for a peaceful ballot.
The
election occurs at a time when the West appears to be warming up to
Harare.
Following the enactment of the new Constitution, Australia
has partially
lifted sanctions against Zimbabwe. But it will only ease the
sanctions
completely upon the conduct of free, fair and democratic
elections.
The EU and Washington have also partially lifted sanctions
against some
individuals in the Zimbabwean government.
But Zimbabwe
is still wary of the West’s agenda. Zanu-PF national chairman
Simon Khaya
Moyo has clarified that EU observers will not be allowed to take
part in the
upcoming elections.
Only states that have been friendly to Zimbabwe,
mainly African countries,
will be allowed to monitor the elections. Harare
has also deepened its
“look-East” policy, particularly with China, as a
strategy to counter
economic isolation by the West.
China, now
Zimbabwe’s leading trading partner, has constructed a new defence
college
valued at $98 million. The close relations with China have given the
military leaders in Zanu-PF extra political and economic
leverage.
Ultimately, the neutrality of Zimbabwe’s security and police
forces is
central to ensuring stability and a peaceful democratic transition
in the
country.
Peter Kagwanja is the president of the Africa Policy
Institute. Laureen
Wesonga is a policy analyst with the Africa Policy
Institute. This article
is part of the institute’s African Citizen Security
project.
Dr. Clifford Chitupa Mashiri, 15th June 2013.
While it is subject to
confirmation, Jonathan Moyo seems not eligible to
contest all forthcoming
Zanu-pf primary elections based on guidelines
published Friday 14th June
2013.
The rules and regulations were released by Zanu-pf Chairperson
Simon Khaya
Moyo who is also the chairperson of the National Electoral
Directorate at
the party’s headquarters on Friday.
Khaya Moyo is
quoted by the state owned and major contender as the Zanu-pf
‘mouthpiece’
The Herald newspaper as saying that people wishing to contest
Senatorial
elections on the party’s ticket should be registered voters, be
at least 40
years old and must have contributed to the country’s liberation
struggle or
the development of Zimbabwe consistently and persistently.
A prospective
candidate must have been a member of the party for more than
five years at
district level with a clear and undisputed record. The primary
elections
will be on June 24 (see The Herald, ‘Zanu PF releases primary
election
guidelines’, 14 June 2013).
As if to plug all loopholes for any
‘undesirables’ from using the party
platform as a launching pad for their
political careers, Khaya Moyo also
spelt out guidelines for those wishing to
stand for House of Assembly seats
and local government
(councilors)elections.
To be an MP candidate one must be a fully paid up
member of the party, have
adequate economic, cultural, political
understanding of the country to
debate effectively if elected, must have
served as an office bearer in a
district for at least five years and have a
deep understanding of the
objective of the Zanu-PF.
Those wishing to
stand in local government elections should have the above
mentioned
attributes of being 40 years and should also have held office at
branch or
cell level of Zanu-PF.
People have already started to speculate whether
Jonathan Moyo is eligible
to stand in Zanu-pf’s primary elections due on
Monday 24 June 2013.
For instance, commentators on the Herald website
were keen to know with
Porongi asking: “Jona Moyo haana kunyura here ?
!!!!!!!!! zvingatyisa
vehama.” (Did Jona Moyo ‘drown’? that would be
scary).
Chiwororo asked: “Jonathan ****Moyo ari kukwikwidza here
apa??????
Ndibatsireiwo ne information.” (Is Jonathan Moyo contesting [in
primary
elections ]? Help me with information).
The answer appears
to be NO because as regards senatorial elections,
although he is 56 years
old - well above the 40 years minimum allowed,
since he was born on 12
January 1957, Jonathan Moyo did not contribute to
the country’s liberation
struggle.
Contrary to his posturing as a “freedom fighter using a laptop”
and his
longwinded hallucinating articles, Jonathan Moyo made 2 escape
attempts from
Mgagao liberation war training camp in Tanzania of which the
second one was
successful and took him back to Rhodesia where he made his
way to the United
States in 1976-77, according to Wilfred Mhanda’s book ,
‘The Making of a
Freedom Fighter’ (See Jonathan Moyo made 2 escape
attempts’, The Zimbabwean,
10/10/11).
The five year party membership
requirement also bars Jonathan Moyo from
standing in the primaries because
he has been a member of Zanu-pf since 2011
to present according to his
Wikipedia profile, which if it is wrong he
should have corrected by
now.
He is also known more for his ‘three wars’ which appear on the same
profile - his “War with the Media”, “War at Home”, and “War with
Foreigners”.
The obnoxious laws AIPPA and POSA are arguably Jonathan’s
Moyo’s babies and
nobody would envisage free and fair elections as long as
they survive.
As far as contributing to the development of Zimbabwe
consistently and
persistently, Jonathan Moyo’s record is a mixed bag. His
profile talks about
‘much philanthropy including scholarship programs and
support for sport over
many years’, which probably helped him win elections
in Tsholotsho, his
family area over 5 years ago as an independent before
applying to rejoin
Zanu-pf in 2011.
Jonathan Moyo is generally seen
as a supposedly learned serial flip-flopper
or political turncourt who seems
perpetually capable of abusing and throwing
unspeakable insults at all and
sundry – from the Zanu-pf leader Robert
Mugabe to Prime Minister Morgan
Tsvangirai among others.
As a result Jonathan Moyo hates his past and has
attempted to gag the Daily
News and the Zimbabwe Independent from
republishing articles attacking
Robert Mugabe.
It is the author’s
strongest belief that the latest guidelines for Zanu-pf
primary elections
were influenced by the party’s ‘love-hate’ relationship
with Jonathan Moyo
having taken him back after accusing him of plotting a
coup and making him
cry.
“We asked him whether he wanted to stage a coup…and tears started
flowing
down his cheeks,” Mugabe said in Jonathan Moyo’s districts (see BBC,
Mugabe
‘made spin-doctor cry’, 24/03/05).
Despite helping the party
produce its jingles which some say are irritating
by being broadcast
repeatedly on ZBC’s radio and TV channels more than
commercials, I think
Zanu-pf has not forgiven Jonathan Moyo for some of
those WikiLeaks
disclosures.
According to a cable written by Eric Bost, the former US
ambassador to South
Africa on 11 July 2007 and leaked by WikiLeaks Jonathan
Moyo turned to
British businessman Virgin Group chairman, Sir Richard
Branson for help in
unseating Mugabe.
Sir Branson reportedly agreed
to a plan put forward by Jonathan Moyo to
offer Robert Mugabe US$10 million
to step down (see The Telegraph, Sir
Richard Branson ‘discussed plan to
remove Robert Mugabe from power’, 11
October 2011). In short, WikiLeaks
might have claimed its first scalp in
Zanu-pf. Need we say
more?
About the author: Clifford Chitupa Mashiri is a London based
political
analyst. He was recently awarded a Doctor of Philosophy in
International
Relations degree by the Commonwealth Open University after
obtaining ‘A’
grades in all the programme’s seven modules plus
dissertation i.e. Power
Politics; The Foreign Policy Process; International
Conflict; International
Organisation and Law; International Political
Economy; The North-South Gap;
Birth of a New World and Dissertation (also
called thesis). Clifford can be
contacted at zimanalysis2009@gmail.com
http://www.cathybuckle.com/
June 15, 2013, 10:12 am
Dear Family and
Friends,
The old saying that a day is a long time in politics has never
seemed to be
true for Zimbabwe. Year after year we’ve dragged through crisis
after
crisis: longing, wishing, hoping that something would happen, praying
that
the events of a day would somehow change the dark situation that we’ve
been
trying to survive for such a long time.
This week the events of
a day became a very long time in politics as they
unravelled four years of
hard work, painstaking diplomacy and tireless
efforts by so many. Four years
of turning the other cheek and biting our
tongues for the good of the future
of Zimbabwe were rubbed out with one
signature.
Using the
Presidential Powers (Temporary Measures) Act, President Mugabe
proclaimed
unilaterally that elections in Zimbabwe would be held on 31st
July.
It was ironic that on the same day as Mr Mugabe made his
proclamation, the
daily independent press had front page banner headlines
quoting
Constitutional Affairs Minister Matinenga telling parliament that
elections
were only legally possible by the 25th August.
Zimbabweans
were confused: two completely different stories on the same
day. We hadn’t
yet got our heads around the implications of a Supreme Court
ruling that
said elections had to be held by the 31st July. That ruling
meant that
stipulated time frames laid out for processes governing elections
could not
be adhered to. We didn’t understand how the Supreme Court could
make such a
ruling but the apparent contradiction became water under the
bridge when
President Mugabe rode the tidal wave of confusion, used his
Presidential
Powers and proclaimed a date. Since 2010 Mr Mugabe’s been
promising,
threatening and insisting on elections and now it looks like he
has put his
foot down.
In an instant the unilateral proclamation by Mr Mugabe turned
us upside
down. The reaction was fast and furious. Lawyers said the
President couldn’t
make the election date proclamation without first
consulting cabinet and
said Mr Mugabe “quite obviously did not do so” and
therefore the
Proclamation was legally void.
Prime Minister
Tsvangirai immediately issued a statement saying the
President’s actions
were “a unilateral and flagrant breach” of both our new
constitution and the
GPA. The PM said Mr Mugabe’s proclamation would
disenfranchise people;
wouldn’t allow political parties time to inspect the
voters roll; wouldn’t
allow stipulated campaigning time after nomination
court sittings. The PM
said that while the Constitution made the President
the “chief upholder and
defender of the constitution,” in fact the opposite
was happening; he said
it was “regrettable that the chief defender and
upholder has become the
chief attacker and abuser of the Constitution.”
Prime Minister Tsvangirai
made some powerful and poignant promises to a
Zimbabwe that is tired and
worn down by this never ending absurdity. “I will
not accept a situation
where Zimbabweans will yet again be railroaded and
frog-marched to another
illegitimate and violent election. The people of
Zimbabwe are suffering.
Businesses are shutting down, workers are under
attack and the economy has
frozen. A fraudulent and illegitimate election
will deepen the crisis and
will not reverse this malaise.”
“Mugabe triggers war,” was a headline
article in the weekly Zimbabwe
Independent newspaper and it sends chills
down our spins to think that we
could be flung back into the same situation
we had in 2008. PM Tsvangirai
called on Zimbabweans to walk with him and
stand by him in what he called
“this patriotic fight to defend the truth and
the Constitution.” And so we
hold our breath waiting to see if the PM can do
it this time. Until next
week, thanks for reading, love cathy.
http://www.cathybuckle.com/
June 14, 2013, 5:13 pm
To be or not to be? It may have
been a deeply philosophical question for
Shakespeare’s Hamlet but in the
Zimbabwean context it’s all about elections.
Are we or are we not going to
have elections this year? Yesterday, Prime
Minister Tsvangirai said he would
not agree to elections in July and warned
Mugabe not to ‘go it alone’. In
contrast, Mugabe seems to want elections as
soon as possible, he can’t
afford to hang about at his age. Having said he
would abide by the
Constitutional Court ruling, Mugabe has widened the
splits within his Zanu
PF party. The party knows it’s nowhere near ready for
elections with reports
of factionalism coming in from across the country.
The hardliners in the
party want elections as soon as possible but the
realists are only too aware
of all the divisions within the party as they
squabble about who is going to
succeed Mugabe.
It is not only the election date that is causing
problems, the SADC Summit
on Zimbabwe has twice been postponed with African
leaders, including Mugabe
himself, saying they couldn’t find the time in
their busy schedules. We are
told that the Summit will now take place on
Saturday June 15th but even that
is not a certainty. What is clear is that
Mugabe does not welcome a Summit
on Zimbabwe with all the close scrutiny
that might involve. He has already
blasted SADC for interfering in
Zimbabwe’s affairs, his old claim of
‘sovereignty’ has once again been
aired. He denied that he has contempt for
SADC and initially claimed that he
was ‘just too busy’ to attend the Summit.
As to the ‘reforms’ which were
supposed to have been instituted before
elections, there is still no sign of
them and the MDC’s threat to boycott
the elections unless those reforms take
place sounds increasingly hollow.
Meanwhile there is evidence of
increasing violence from both the main
parties; evidence surely of the
inevitable frustration caused by all the
uncertainty in the country.
Indecision appears to be the order of the day;
no one can make up their
minds about anything! Zanu PF continue to dither
over the date for their
primary elections. The Politburo meets today to sort
that problem out and
while there’s no certainty about anything, Zimbabweans
in the diaspora, some
3.5 million of them are desperate to get passports so
they can go home to
vote even though no date has been announced. It seems
very clear that all
the parties are gearing up for elections and as always
teachers are in the
frontline of violence because of their suspected links
with MDC. A pupil at
an army school was recently expelled because his father
had links with the
opposition party but it has to be admitted, the MDC also
have blood on their
hands as journalists are apparently assaulted by young
activists. Fear of
electoral violence is widespread and JOMIC has launched a
Code of Conduct
for all political parties but it is unlikely to stem the
rising tide of
violence that threatens to engulf the country as elections
loom.
Post
Script, Friday, June 14th 2013 : Then came the bombshell! In
contravention
of the GPA and the constitution and without consulting his own
Prime
Minister, Robert Mugabe announced July 31st 2013 as the election date.
Morgan Tsvangirai received an early morning letter telling him the news and
the MDC immediately filed a court application challenging Mugabe’s
unilateral proclamation. Mugabe declared that he was acting within the law
as determined by the Constitutional Court. In short, just two days before
the Summit, Mugabe has again shown the world that no one is going to tell
him what to do. The question is: what will SADC do now to rein in
Mugabe?
Yours in the (continuing) struggle, Pauline Henson.
BILL
WATCH
PARLIAMENTARY
COMMITTEES SERIES 14/2013
[14th
June 2013]
The
Parliamentary committee meetings listed below are open to the public during the
coming week. Public hearings being
conducted during the week will be covered in a separate
bulletin.
Members
of the public may attend these meetings, but as observers only, not as
participants, i.e. they may listen but not speak. All meetings are at Parliament in
Harare. If attending, please use the
entrance on Kwame Nkrumah Ave between 2nd and 3rd Streets and note that IDs must
be produced.
This
bulletin is based on the latest information from Parliament. But, as there are sometimes last-minute
changes to the meetings schedule, persons wishing to attend should avoid
disappointment by checking with the committee clerk [see names below] that the
meeting is still on and open to the public.
Parliament’s telephone numbers are Harare 700181 and
252941.
Reminder:
Members of the public, including Zimbabweans in the Diaspora, can at any time
send written submissions to Parliamentary committees by email addressed to clerk@parlzim.gov.zw
Monday
17th June at 10 am
Portfolio
Committee: Transport and Infrastructure Development
Oral
evidence from the Board of Directors of Air Zimbabwe on the operational
challenges faced by Air Zimbabwe
Committee
Room No 1
Chairperson:
Hon Chebundo Clerk: Ms
Macheza
Public
Accounts Committee
Oral
evidence from the Ministry
of Agriculture, Mechanisation and Irrigation Development on the 2009 and 2010
Comptroller and Auditor-General’s annual reports
Committee
Room No 4
Chairperson:
Hon Chinyadza Clerk: Mrs
Nyawo
Monday
17th June at 2 pm
Thematic
Committee: Gender and Development
Oral
briefing from the Minister of Economic Planning and Investment Promotion on the
Ministry’s contribution towards promotion of gender equality in Zimbabwe
Committee
Room No 3
Chairperson:
Hon Sibanda Clerk: Ms
Masara
Tuesday
18th June at 10 am
Portfolio
Committee: Local
Government, Rural and Urban Development
Oral
evidence from the Secretary for Local
Government, Rural and Urban Development and
Harare Water Department on issues relating to water
supplies
Committee
Room No 413
Chairperson:
Hon Karenyi Clerk:
Mr Daniel
Portfolio
Committee: Industry and Commerce
Oral
evidence from (1) the Zimbabwe International Trade Fair Company Board of
Directors on the operations of the company and level of investment generated
through the ZITF since 2010; (2) the Secretary for
Mines
and Mining Development on the
role of the Ministry of Mines
and Mining Development in the
resuscitation of operations at New Zimbabwe Steel Ltd
Committee
Room No 311
Chairperson:
Hon Mutomba Clerk: Miss
Masara
Thursday
20th June at 11 am
Thematic
Committee: Indigenisation and Empowerment
Oral
evidence from the
Minister of Youth Development, Indigenisation and Empowerment on the
indigenisation policy
Committee
Room No 311
Chairperson:
Hon Mtingwende Clerk: Mr
Ratsakatika
Recent
Portfolio Committee Reports
In
the House of Assembly the last two weeks have seen several portfolio committee
reports being introduced by speeches from the committee chairpersons:
·
First
Quarter Budget Performance Report of the Ministry of Local
Government, Rural and Urban Development [Portfolio
Committee on Local
Government, Rural and Urban Development]
·
Local
Authorities [Portfolio
Committee on Local
Government, Rural and Urban Development]
·
Management
of Dam Construction and Water Supply Projects by the Zimbabwe National Water
Authority [Public Accounts Committee]
·
Diamond
Mining with Special Reference to Marange Diamond Fields [Portfolio Committee on
Mines and Energy]
·
Chrome
Mining in Zimbabwe [Portfolio Committee on Mines and Energy]
·
Access
to Financial Resources for Small and Medium Enterprises [SMEs] in Zimbabwe
[Portfolio Committee on Small and Medium Enterprises Development]
Veritas
makes every effort to ensure reliable information, but cannot take legal
responsibility for information supplied
BILL
WATCH
PARLIAMENTARY
COMMITTEES SERIES 15/2013
[15th
June 2013]
Public
Hearings on ZESA Service Delivery 16th to 18th June
The
House of Assembly’s Portfolio Committee Mines and Energy is in the middle of a
countrywide series of public hearings on ZESA service delivery
and its
impact on the various sectors of society .
Hearings have already been
held in Mutare and Masvingo, but there is still time for interested persons to
attend the hearings Bulawayo, Gweru and Harare, dates, times and venues
below:
Bulawayo, Sunday 16th
June
Bulawayo Rainbow
Hotel, 9 am to 12 noon
Gweru, Monday 17th
June
Gweru Amphitheatre, 9
am to 12 noon
Harare, Tuesday 18th
June
Rainbow Towers – 9,30
am to 12.30 pm
The public,
interested groups and organisations are invited to the hearings to tell the
Portfolio Committee how they have been affected by the power supply issue. Views expressed will be considered by the
committee, which will compile and table a report in Parliament recommending the
policy changes or adjustments it considers necessary.
The Portfolio
Committee’s chairperson is Hon Chindori-Chininga. For further information please contact the
committee’s clerk, Mrs Chiwoniso Mataruka [contact number 0773 056
742].
If
attending
If
you want to make oral representations, signify this to the Committee Clerk
before the hearing so that she can notify the chairperson to call on you. An oral submission is more effective if
followed up in writing. If you are
making a written submission, it is advisable to take as many copies as possible
for circulation at the hearing.
If not
attending
Written
submissions and correspondence are welcome and should be addressed
to:
The
Clerk of Parliament
Attention:
Portfolio
Committee on
Mines
and Energy
P.O. Box
CY298
Causeway
Harare
or sent
by email to clerk@parlzim.gov.zw
or
delivered to Parliament Building in Harare using the Kwame Nkrumah Avenue
entrance between 2nd and 3rd Streets.
Reminder:
Members of the public, including Zimbabweans in the Diaspora, can at any time
send written submissions to Parliamentary committees by email addressed to clerk@parlzim.gov.zw
Veritas
makes every effort to ensure reliable information, but cannot take legal
responsibility for information supplied