ZANU PF’s diamond ‘whistleblower’ Chindori-Chininga dies in car crash

http://www.swradioafrica.com/

 

 

 

The car in which Edward Chindori-Chininga died

By Violet Gonda
SW Radio Africa
20 June 2013

The ZANU PF MP for Guruve South, Edward Chindori-Chininga, died in a car crash in his constituency on Wednesday. No other vehicle was involved in the accident.

This has set Zimbabwe talking because last Wednesday he released a damning report about the involvement of ZANU PF officials and allies in the diamond industry.

Only two weeks ago the lawmaker was at the Kimberley Process meeting in South Africa and delegates told SW Radio Africa he was openly critical of the diamond situation in Zimbabwe.

The maverick politician was known in the diamond world as a man who tried to shine a light on the murky practices at the Marange Diamond fields.

Alan Martin the director of research at Partnership Africa Canada, a civil society organization that is part of the Kimberley Process, communicated extensively with Chindori- Chininga in recent weeks. He revealed on the Hot Seat programme how Chindori-Chininga told him earlier this month that he knew he was a “marked man” and that his work as chairman of the parliamentary committee on mines and energy had ended his political career in ZANU PF.

Car crash in March 2012 which Chindori-Chininga survived

The former mines minister is said to have told delegates at a workshop in South Africa two weeks ago that some of the individuals in government who complained about the targeted western sanctions were the same people who were benefitting the most by the restrictions, because the sanctions allowed them to operate in the grey zone.

“I got the sense in the meetings I had with him in early June that I think he recognized that his work on this issue had certainly ended his political career. He was very open about how ZANU PF was not going re-sign his nomination papers to run as a ZANU PF candidate.

“And I think perhaps his parting shot was that he wanted to have a definitive record of what his committee’s observation had been of this issue before the parliamentary period closed next week,” Martin said.

Last week, Chindori- Chininga presented a highly critical report to parliament on Zimbabwe’s diamond industry.

SW Radio Africa has also a copy of an email he wrote to various people, mainly international civil society organizations, sharing the contents of this report.

Owing to the sheer number of Zimbabwean politicians who have died in mysterious car crashes, speculation is rife on social forums that he died at the hands of individuals in the state security apparatus, who are loyal to ZANU PF.

Many people believe that when cornered, ZANU PF can be extremely ruthless towards its own people.

Some of the senior officials who died in car accidents that were regarded as suspicious include three political commissars; Moven Mahachi, Border Gezi and Elliot Manyika. Others include the commander of the ZANLA forces, Josiah Tongogara who died in an accident in Mozambique just before independence. Then there was the death of former army general Solomon Mujuru who died in a mysterious fire at his farm. Rumours circulated at the time that his death might be linked to diamonds.

Martin noted that the timing of Chindori-Chininga’s fatal accident, with the elections and the release of the report, makes people wonder if there was a sinister hand at play.

Partnership Africa Canada is one of the international organizations that extensively used the findings of the parliamentary portfolio committee in their reports and Martin said it revealed important information, which included how Mines Minister Obert Mpofu had “stacked the Zimbabwe Mining Development Corporation with his cronies, sister-in-law, his personal assistant and people with zero mining experience.”

As a former mines minister Chininga knew his subject well. He was also well known for interrogating people who testified before the committee, and would remind officials he knew were lying that they were under oath.

Chindori-Chininga described those who controlled Zimbabwe’s diamond sector as “diamond barons” and tried to use his position as the chairman of the portfolio committee to get to the truth about the Marange diamonds.

His committee showed how millions of dollars in royalties, paid by diamond firms, have disappeared. Mbada Mining said it had paid $293 million in taxes over four years but the government said it had received only $82 million.

“This was a pretty astounding thing and I think he was very clear in directing the responsibility for this directly at the executive, particularly the minister of mines,” Martin said.

Despite doing the right thing on the issue of diamonds, there are others who say he was still part of the ZANU PF machinery because in 2008 there were serious human rights abuses in his constituency, Guruve South, during the election period.

SOME FACEBOOK REACTIONS:

ZLHR spokesperson and journalist Kumbirai Mafunda
“Chindori-Chininga, Gone too soon. He was just one of the few Zanu PF members who patronised the Quill Club. I first met him either in 2003 or 2004 when I had an interview with him at his (the then) Mines and Energy Development Minister at Zimre Centre, corner Leopold Takawira and Union Avenue (then) in Salisbury. I was to associate with him years later on now as a lowly newsletter man in the Quill Club, he was one of the few Parliamentarians and ZANU PF members who was so passionate/addicted or exploited social media particularly Facebook to communicate. He would stick to his laptop while we chat in the Quill Club. Here, Valentine Maponga, Kwenda, Takura, Tabani, Nkosana can testify. We also had our few moments of disagreeing but surprising aipera zvakanaka even though taimbotsamwisana nenyaya dzekutongwa kwenyika idzi. Rest in Peace Honorable Chindori-Chininga.”

MDC 99 President Job Sikhala
“Hey, waking up and finding out this sad news that Hon. Edward Chindori Chininga is no more. I worked with him in Parliament and the man was quite humble and sober and was always one of the most eloquent interpreters of documents written in French. He would engage everyone on very important issues and share his experiences in life as the person who lived much of his life in French speaking countries. TRUE, to our adage that “munhu akanaka haararame”. May your dear soul rest in eternal peace, the gentle giant.”

Facebook commentator Brighton Musonza
“I think the best we can all do now is to allow the Hon Edward Takaruza Chindori-Chininga’s family to mourn one of their own in peace and dignity and allow them the privacy they deserve without us inflaming it into over drive super-spin. The initial reaction from last night was that of shock to everyone and we all said stuff but let us be a bit more civilised and be the people of Christian values and take note that we are in the middle of elections and a very fragile transitional process. With the growth of Social media, there is urgent need for embedded inherent self control as individuals to keep ourselves in check for the good of organised societies.”

Education Minister David Coltart
“I am sorry to hear of the death of Edward Chindori Chininga this evening. A brave MP whose recent exposé of corruption in mining was superb.”

Listen to Full interview with Alan Martin on Chindori

Read related reports

Report on Diamond Mining with Special Reference To Marange Diamond Fields

Report on Chrome Mining Sector in Zimbabwe 2013

 

Fresh Constitutional Court application drafted by GPA parties

http://www.swradioafrica.com/

By Tichaona Sibanda
SW Radio Africa
20 June 2013

A new Constitutional Court application has been drafted, containing input
from both the MDC formations and ZANU PF, amid reports that Justice Minister
Patrick Chinamasa has not yet withdrawn the application he unilaterally
submitted on Tuesday.

Instead Chinamasa, through government lawyer Fred Gijima, on Wednesday filed
an urgent chamber application seeking the court to treat his first
application as an urgent matter.

This is despite the fact that Chinamasa met Tendai Biti and Welshman Ncube
on Wednesday night and drafted a consensus position on a fresh application,
as directed by party principals who met Wednesday. This application will
only be submitted to the court on Monday.

The principals will meet again on Friday to discuss the application, the
election roadmap and the post SADC summit report. The Wednesday meeting was
inconclusive as President Robert Mugabe had to leave early to attend a
Politburo meeting.

MDC spokesman Nhlanhla Dube confirmed to SW Radio Africa that the Principals
will meet again this Friday to finish their business, following the Maputo
summit that ordered the parties to another round of talks to work on an
extension of the July 31st poll date.

A highly placed source in the MDC-T told us that as far as they were
concerned the new draft that was compiled by Biti, Chinamasa and Ncube is
the one that the court should consider and not the one submitted by ZANU PF.

Advocate Thabani Mpofu, a lawyer representing Prime Minister Morgan
Tsvangirai, who is cited as a respondent in the application filed by
Chinamasa, said they were surprised that the Justice Minister still wanted
to forge ahead with the hearing on the first application, despite being
ordered to withdraw it.

Gijima, the government lawyer, told journalists that his instructions from
Chinamasa were to go ahead with the matter. However Chris Mhike, another
lawyer representing Tsvangirai, explained that he has been informed that
once the fresh application is lodged with the court on Monday, the first
application submitted by Chinamasa will be withdrawn and the case will still
be heard as an urgent matter on Wednesday next week.

Chinamasa Defies Govt Principals' Order to Withdraw Court Application to Delay July Polls

http://www.voazimbabwe.com/

Thomas Chiripasi
20.06.2013

HARARE — Justice Minister Patrick Chinamasa is defying an order from unity
government principals to withdraw his court application seeking to postpone
national elections to August 14 pending an agreement among governing parties
on the election date.

Minister Chinamasa’s lawyer, Freddy Gijima, told reporters outside the
Supreme Court building Thursday that his client is not backing down on his
application to delay the July 31 elections to August 14.

On the directive of President Robert Mugabe, Mr. Chinamasa approached the
court on Tuesday seeking to delay the polls following concerns raised by the
president’s coalition partners and Southern African Development Community
(SADC) leaders at a summit of the regional bloc in the Mozambican capital,
Maputo, on June 15.

Prior to the SADC summit, Mr. Mugabe had proclaimed July 31 as the date of
national elections without consulting his governing partners.

He had also fast-tracked proposed electoral amendments into law using his
presidential powers to by-pass parliament.

On Wednesday, unity government principals met at State House and directed
Mr. Chinamasa to withdraw his application pending an agreement on the
content of the application by parties in the coalition government.

The principals’ meeting followed complaints by the two Movement for
Democratic Change formations in the coalition government that Mr. Chinamasa
had acted outside the SADC resolutions.

Mr. Gijima said the minister’s case will now be heard next Wednesday on an
urgent basis.

Prime Minister Morgan Tsvangirai’s attorney, Chris Mhike, said his client
was surprised by Chinamasa’s actions.

This was also supported by Advocate Thabani Mpofu, who is representing
Industry Minister Welshman Ncube.

In other election news from the court, Chief Justice Godfrey Chidyausiku
said an application brought to the court by Zimbabwe Development Party
leader Kisinoti Mukwazhi will be heard next week.

Mukwazhi wants the court to declare that all parties participating in
elections should get campaign funds from Treasury.

Meanwhile, Chidyausiku said all cases to do with the pending polls will be
heard next week on a continuous basis.

Poll date case urgent, says Govt

http://www.herald.co.zw/

Thursday, 20 June 2013 02:23

Daniel Nemukuyu Senior Court Reporter

GOVERNMENT yesterday filed an urgent chamber application to have the
constitutional case it filed on Tuesday for the extension of the election
date beyond July 31 heard on an urgent basis and the Constitutional Court
will today hear arguments on the fresh application.

Justice and Legal Affairs Minister Patrick Chinamasa — through Government
lawyer Mr Fred Gijima of FG Gijima and Associates — yesterday filed the
urgent chamber application seeking the order allowing the matter to be
treated urgently.

President Mugabe, in compliance with a court order of May 31, proclaimed
July 31 as the date for the harmonised elections, but Sadc urged Government
to approach the same court seeking an extension of the dates to August 14 to
accommodate any agreed reforms.

Sadc urged Government to seek the extension of the election date, saying
whatever outcome should bind all parties going into the elections.
In an affidavit supporting the application, Minister Chinamasa stated that
the matter was urgent and should be immediately dealt with to ensure clarity
as July 31 was fast approaching.

“The normal time periods for hearing such a court application could result
in the matter failing to be heard before either July 31 2013 or August 14
2013,” reads part of the affidavit.

“Further, this honourable court will be on vacation during the month of
August.

“It will be in the interest of all the parties, and certainly for the sake
of clarity and certainty, to have this Honourable Court sit on an urgent
basis to entertain this matter.

“If the matter is not heard on an urgent basis, the request made in the main
application may be overtaken by events and this would not be to the benefit
of the parties. In particular, it is clearly in the interest of the nation
that the election is held in an environment of legal clarity, free from
unnecessary legal contestation.”

The Sadc summit — that convened in Maputo, Mozambique, last Saturday — urged
the inclusive Government to approach the court to ask for time beyond July
31.
Minister Chinamasa, in the main application, emphasised that President
Mugabe had much respect for the Constitutional Court of Zimbabwe’s judgment
and had already complied with it by fixing the election date on July 31.

He said pressure from MDC formations and other political parties in Zimbabwe
culminated in Sadc urging Government to seek an extension of the poll date.
Mr Jealousy Mawarire of the Centre for Elections and Democracy (who obtained
the order for the July 31 deadline), Prime Minister Morgan Tsvangirai,
Deputy Prime Minister Arthur Mutambara, MDC leader Professor Welshman Ncube
and the Attorney-General were cited as respondents in the application.

Minister Chinamasa said he was specifically directed by the Sadc summit to
make an urgent application for the extension of the election date.
In compliance with the court order, he said, President Mugabe invoked the
Presidential Powers (Temporary Measures Amendment of Electoral Act)
Regulations 2013, which align the Electoral Act with the new Constitution
and the regulations were published in the Gazette on the 12th of June.

President Mugabe fixed July 31 as the elections date, with the Nomination
Court sitting on June 28 in a proclamation issued on June 13 in terms of
Statutory Instrument 86/2013.

Minister Chinamasa said PM Tsvangirai and Prof Ncube had some misgivings
about the order of the Constitutional Court and lobbied Sadc, inviting the
regional body to intervene and set aside the court order.

Meanwhile, Chief Justice Godfrey Chidyausiku is today expected to hear an
urgent chamber application to have another constitutional application by the
Zimbabwe Development Party seeking an order for Government to fund its
election campaign.

ZDP leader Mr Kisinoti Mukwazhi said his party required up to US$1,5 million
to prepare for the general election.

Elections: Zim plunges into fresh crisis

http://www.dailynews.co.zw/

By Fungai Kwaramba, Staff Writer
Thursday, 20 June 2013 12:37

HARARE - Zimbabwe yesterday plunged into a fresh crisis after Prime Minister
Morgan Tsvangirai claimed Justice minister Patrick Chinamasa’s Tuesday
Constitutional Court application — for election dates postponement — was
weak and run without due consultations.

The development comes amid heightening clashes in the shaky inclusive
government and as the Zanu PF element of the four year-old arrangement looks
determined to frustrate or short-circuit a Sadc directive that ample time be
given to preparations for this year’s key polls.

“The principals have agreed that ministers Tendai Biti, Welshman Ncube and
Chinamasa will sit down and draft a consensus position on a fresh
Constitutional Court application because the one that was submitted is weak.
This is the position that has been taken by the government in its inclusive
nature,” aid Tsvangirai through his spokesperson Luke Tamborinyoka, adding
the application was null and void.

The PM, who shares political power with President Robert Mugabe and Ncube in
a four year-old coalition government, is the Global Political Agreement
(GPA) principals’ spokesperson.

On Tuesday, Chinamasa, who is Mugabe’s legal advisor, filed an application
at the Constitutional Court that ironically cited Tsvangirai and Ncube as
the respondents, when in essence the two principals along with Mugabe, are
supposed to act in unison and approach the courts as applicants.

When the Daily News tried to get a comment from George Charamba who is
Mugabe’s spokesperson, his mobile phone was answered by a lady who claimed
he was no longer using the number.

Chinamasa was not picking his cell phone.

At its extraordinary meeting in Mozambique on June 15, Sadc, the 15-member
regional body that is seized with the unfolding crisis in Zimbabwe, directed
bickering partners to ask for an extension to the July 31 Constitutional
Court ruling in order to implement outstanding reforms.

Mugabe, who had unilaterally declared that polls would be held on July 31,
was reminded in Maputo that he has to act in consultation with his coalition
partners when making key decisions and Chinamasa’s application came as a
shocker to both Ncube and Tsvangirai.

“The Sadc resolutions make it clear that parties in government should work
together and that was agreed in Cabinet on Tuesday, so whatever position was
taken has now been superseded by the government,” said Tamborinyoka.

As the coalition government falters ahead of crucial polls — Zanu PF
ministers on Tuesday reportedly walked out of a government meeting that went
on to thrash the way forward in the wake of Sadc’s directive for the country
to seek recourse at the highest court for a change of poll dates.

Tsvangirai and Ncube maintain that they will not be frogmarched to
participate in an election without the implementation of agreed security
sector and media reforms — a position upheld by Sadc.

However, questions have been raised as to the feasibility for the
implementation of envisaged reforms, even if the court grants the two-week
extension that Chinamasa is seeking.

Despite the Sadc stance on Zimbabwe to implement media and security sector
reforms, the Zanu PF wing in the coalition government has strenuously
resisted implementing them.

Tsvangirai, Mugabe’s political nemesis for the past 12 years, says his party
would boycott an early election without the necessary reforms.

“Sadc did not suggest a date. To us the date is subservient to the reforms.
The reforms should come first and the latest we can have elections is by
October 31,” said Tamborinyoka.

Voters’ roll so shambolic that Makone was not even on it

http://www.insiderzim.com/

Thursday, 20 June 2013 15:33

Zimbabwe’s voters’ roll is so shambolic that Theresa Makone, the co-Minister
of Home Affairs, which is responsible for the roll and updating it, was not
even on the roll though she voted in 2008.
It was only after she complained to cabinet that her name was put back but
this time with her name spelt wrongly.

This was part of the testimony given to the United States Senate Foreign
Relations Committee, subcommittee on African Affairs, on Tuesday by Dewa
Mavhinga, a senior researcher with the Africa Division of the New York-based
Human Rights Watch.

The subcommittee held a special session on Zimbabwe entitled: Examining
prospects for democratic reform and economic recovery in Zimbabwe.

Five “experts”, including Mavhinga gave testimony.

Mavhinga said as things stood, the chances of having free, fair and credible
elections in Zimbabwe were slim.

There were fears that the elections might just be another cycle of political
violence because little had changed on the ground to build people’s
confidence that they could vote freely.

The voter registration and voters roll updating process was marred with
errors- “to what extent deliberate is unclear”.

Mavhinga recommended that the United States Congress must ensure that any
shift in US policy toward Zimbabwe, including a review of sanctions, is
based on an assessment of whether the country has managed to have peaceful,
transparent, free and fair elections and whether the government-elect can
assume power.

President Barack Obama’s administration should work closely with the
Southern African Development Community to press Zimbabwe’s political leaders
to urgently take steps to:

Ensure the political neutrality of the security forces, namely by
investigating and prosecuting alleged abuses by security force personnel,
publicly directing the leadership of the security forces to carry out their
responsibilities in a professional and impartial manner, and appropriately
punishing or prosecuting those who fail to do so;

Press for urgent reforms to the highly partisan state-controlled print and
electronic media to ensure that they become genuinely public, to guarantee
equal and fair coverage to all political parties;

Provide for the immediate deployment, and in sufficient numbers, of both
domestic and SADC-led international election observers to Zimbabwe and
maintain such monitors for a sufficient period after elections to deter
violence and intimidation and to promote credible, free and fair elections
that comply with the SADC Principles and Guidelines Governing Democratic
Elections;

Ensure implementation of all electoral reforms envisaged in the new
constitution including the updating and cleaning up the country’s outdated
voters’ roll, which has a significant number of “ghost” voters; and

Ensure that the Zimbabwe government repeals or amends all repressive
legislation such as the repressive sections of the Criminal Law
(Codification and Reform) Act, the Public Order and Security Act, the Access
to Information and Protection of Privacy Act and section 121 of the Criminal
Procedure and Evidence Act.
The United States should also provide financial and technical support for a
government that comes to power through credible, free and fair elections in
a manner that would strengthen democratic state institutions and promote the
rule of law, democracy, good governance, and human rights.

Mudede denies refusing to register ‘aliens’

http://www.newzimbabwe.com/

19/06/2013 00:00:00
     by Staff Reporter

REGISTRAR general Tobaiwa Mudede has denied refusing to register as voters
what his office describes as “aliens”.

The country’s new constitution allows people born of parents from the SADC
region to register as voters but an official in Prime Minister Morgan
Tsvangirai recently said scores had been turned away from registration
centres.

Tsvangirai’s chief secretary, Ian Makone claimed that dozens had been turned
away from centres in Gonoronzi and, instead, referred to the army’s KGIV
barracks in Harare for police clearance.

Mudede however, dismissed the allegations in a statement Wednesday.
“People are only turned away on the basis that they have inadequate
documentation required for one to be eligible to register as a voter, that
is national identity document, or valid passport and proof of residence,” he
said.

“However in the event that one fails to provide, affidavits to be completed
by the applicant are readily available at the registration centres.”

He added that the production centre for passports, as well as a fingerprint
bureau, were located at a facility close to the KGIV army barracks and
people were only being referred there to ascertain their citizenship status.

“The registrar general’s department would also want to clarify that as part
of the procedure to ascertain citizenship of an individual, one is taken
fingerprints which are sent to the fingerprint bureau for classification,”
he said.

“For urgent classification a person may be required to take fingerprints to
the fingerprint bureau in person.

“The production centre for passports and fingerprint bureau are situated
next to the Zimbabwe National Army Barracks referred to as KGIV not to say
they are situated in the barracks.”

Mudede recently rejected criticism over his office’s continued use of the
term “alien” to refer to people of foreign origin.

“They are aliens,” Mudede when quizzed by MPs over the issue during a recent
hearing before a Parliamentary committee.

“Whether someone does not want to hear the word 'alien' - it is unfortunate
because we will pronounce it.

“It is not only pronounced in Zimbabwe, but the world over and the word is
not alien to Zimbabwe as all SADC countries have aliens, and we have
attended meetings in SADC and the AU and have taken that position.”

Fund Zanu-PF or lose land, white farmers told

http://www.news24.com/

2013-06-20 13:04

Cape Town – Zimbabwe's broke Zanu-PF has extended a begging bowl to white
commercial farmers who survived the country's chaotic land reform, ahead of
elections expected this year, a report said on Thursday.

According to News Day, Manicaland province governor Christopher Mushohwe is
reportedly said to have held a meeting with white commercial famers on
behalf of Zanu-PF and asked them to fund the party's election campaign,
failure of which they would lose their land.

A source who attended the meeting said Mushohwe told the farmers that they
still held their land courtesy of his party and could risk losing their
farms if they did not fund the Zanu-PF election campaign.

"He told us that we needed the support of Zanu-PF to keep our land and if we
fail to co-operate with funding the election campaign, we could be
considered enemies to the party and could lose the farms we were allowed to
keep when other farmers were hounded out," said the source, who declined to
be named.

A recent report said Zanu-PF was broke and that it was not ready for
elections despite the party pushing for an early vote.

Internal sources revealed  that "its [Zanu-PF] financial woes worsened at
the beginning of the year after top Zanu-PF members who were bankrolling the
party withdrew their financial support after it emerged they were being
targeted for investigation over the source of their  wealth".

Party leaders however, have maintained the party is ready for the elections.

MPs blame Mugabe for sluggish parliamentary business

http://www.swradioafrica.com/

By Nomalanga Moyo
SW Radio Africa
20 June 2013

With less than a week left before the end of the current parliament on June
28th, it appears business has already slowed down in both the House of
Assembly and Senate.

Questions are being asked as to whether legislators will be able to deal
with the pressing issues related to the forthcoming elections, as raised by
regional facilitator Jacob Zuma in his report to the SADC summit on Zimbabwe
in Maputo.

Zuma’s report recommended that contentious security and media laws be
amended before elections, in line with the spirit of the Global Political
Agreement.

Many observers have said that Zimbabwe’s lawmakers can still achieve this
important aspect of the election roadmap in the few remaining days, but only
if ZANU PF would allow it.

In one of its updates this week, parliamentary watchdog BillWatch observes
that despite imminent elections there has been little happening in either
House.

“Neither House has been really busy during the last fortnight. Many
potential sitting hours have gone unused. The Senate has had very little to
do.

“The House of Assembly has been more or less marking time with business that
could easily have been shelved in deference to tasks of national importance,
such as passing essential amendments to the Electoral Law or tackling other
essential pre-election reform legislation, if only the necessary Bills had
been brought before it,” the watchdog said.

On Tuesday, parliament is reported to have sat for only 15 minutes (five
minutes for senators) before dispersing because Principals were still locked
in ‘behind-the-scenes’ discussions of electoral amendments which MPs had
expected to discuss.

On Wednesday, legislators met for about an hour and, again, nothing
substantial was discussed with reports that only MDC-T members were present.

On Thursday, legislators met again, but only to discuss the money laundering
Bill, with no word about when the Electoral Amendment Bill will be brought
the House.

Siyabonga Ncube, MDC MP and chief whip, told SW Radio Africa Thursday that
legislators will be returning to the House Wednesday, in anticipation of a
result from the Principals’ discussions.

“We had hoped that President Mugabe would have reconsidered his decision to
use presidential powers to by-pass a parliament that is still in existence
and ensured that the electoral amendments are brought before the House for
debate. But up to today (Thursday), there hasn’t been any word about what is
happening.

“As MPs it is our duty to discuss these electoral amendments. But with
elections around the corner, there is a lot of politicking by the Executive.
We suspect the delay could be another plot to resort to presidential powers
if the life of parliament ends before we can discuss these,” Ncube added.

Asked about the cost to the taxpayers of transporting and accommodating
legislators, only for them to convene for just 15 minutes and return the
next day, Ncube said MPs were committed to doing their duties.

“Every day in the past week we have been coming here ready to discuss the
urgent issues facing the nation, but the Executive is taking its time. We
are aware of the little time left, and we will keep coming to parliament
until the last day if we have to so that we can discuss outstanding issues.

The legislator also revealed that the chief whips from ZANU PF, MDC-T and
the MDC, had taken the decision to suspend parliamentary portfolio meetings
in view of the little time left.

“The procedure with Committee business involves meeting, discussing,
investigating and then notifying the House of the intention to table a
report. With just one week left before parliament dissolves, there is not
time for all those processes hence the decision to suspend committee
meetings. There was nothing sinister at all in that.

Teachers threatened with arrest after police bar planned protest

http://www.swradioafrica.com/

By Alex Bell
SW Radio Africa
20 June 2013

Police on Wednesday threatened to arrest any teachers who continued with a
planned, peaceful march in Harare, after the march was barred at the last
minute.

The Progressive Teachers Union on Zimbabwe (PTUZ) had planned the march to
hand over a petition to Education Minister David Coltart. The union has been
seeking answers for what they say is the ‘suspicious’ transfer of some of
its members from their Harare schools. They claim that ‘whistleblowers’ who
report corruption at their schools have been targeted and are being
transferred.

The protest had been organised for Wednesday. But despite more than a week’s
notification to the police, as well as a formal acknowledgment by Minister
Coltart that he would receive the petition, the police barred the march from
taking place.

PTUZ Secretary General Raymond Majongwe told SW Radio Africa that on
Wednesday morning they were told that the police did not have enough staff
to monitor the march because Robert Mugabe and Morgan Tsvangirai both had
meetings taking place in the capital.

“We were told that if we tried to march and defied the orders we would be
arrested. And despite the police saying there was a shortage of staff, there
was a truck load of police officers in riot gear at Africa Unity square
where our march was going to start,” Majongwe explained.

The PTUZ was planning to approach the courts seeking an interdict against
the police action, but their lawyers suggested they find another date for
the march. Majongwe said Thursday that they are still planning to have the
petition delivered at a later date.

“It is disappointing that the police force continues to invoke draconian
legislation to prevent workers and citizens from exercising their democratic
right to assemble and protest,” Majongwe added.

WOZA’s Jenni Williams scoops another international award

http://www.swradioafrica.com/

By Alex Bell
SW Radio Africa
20 June 2013

The co-founder and leader of the pressure group Women of Zimbabwe Arise
(WOZA), Jenni Williams, has won another international honour in recognition
of her work.

Williams on Wednesday received the James Lawson Award for her success in
‘civil resistance’, along with three other activists. The ceremony in
Boston, Massachusetts saw the awards namesake, James Lawson, personally hand
over the prizes. He was the prime strategist behind the US civil rights
movement.

The WOZA leader has faced more than 50 arrests during the group’s many
peaceful protests in Zimbabwe over the years. The group of mainly women has
received worldwide recognition for their demonstrations, which are almost
always broken up by violent police reaction.

It is as a result of this systematic and targeted abuse of the WOZA group
that has seen an official communication being filed at the African
Commission on Human and People’s Rights. The communication, filed in April
by WOZA’s lawyers, seeks to have the Zimbabwean authorities indicted against
targeting the group with arrests, harassment, intimidation, and physical
assaults.

In the communication WOZA challenged the pattern of impunity they have faced
in Zimbabwe, where a Supreme Court order guaranteeing their right to
peaceful protests has been ignored. That order was passed down in 2010, but
the group is still the target of arrests and assaults almost every time they
gather for meetings or peaceful demonstrations.

Williams was honoured Wednesday along with Russian environmental activist
Evgenia Chirikova, South African consumer boycott leader Mkhuseli Jack and
Bolivian civil rights leader Oscar Olivera.

“Today the map of nonviolent resistance is truly global, and Evgenia,
Khusta, Oscar and Jenni represent the diversity of struggles, the refusal to
quit, and the personal courage of nonviolent organizers and activists all
over the world,” said Hardy Merriman, the vice president of the Center that
hosted Wednesday’s awards.

Zimbabwe Tourism Ministry Wants Elections Before UNWTO

http://www.bernama.com/

HARARE, June 20 (Bernama) - Tourism and Hospitality Industry Minister Walter
Mzembi said elections should be held before the United Nations World Tourism
Organisation (UNWTO) general assembly so that they get global endorsement.

Mzembi told Zimbabwean news agency New Ziana that holding the general
assembly before the polls is the best chance to market the country as
thousands of dignitaries from across the globe would be Zimbabwe for the
UNWTO.

"From a tourism perspective we are saying lets go to the elections now. The
platform presents the best opportunity for the country to market its brand,"
he said.

More than 2,000 delegates from 186 UNWTO member states are expected to
arrive in Zimbabwe and Zambia for the general assembly in August.

President Robert Mugabe has proclaimed July 31 as election date.

The Constitutional Court has directed President Mugabe to proclaim the
election date after political activist Jealousy Mawarire sought an order
compelling the President to do so.

Mzembi said some of the dignitaries attending the UNWTO would come from
countries that had imposed sanctions on Zimbabwe while others had heard
negative stories about the country.

"If they come soon after the elections, they will have first hand
information and as Zimbabweans let us show the world that we are a peace
loving nation," he said.

"As a Tourism Ministry we are try to re-engage the world under the re-
branding exercise where we tell them Zimbabweans has capacity to deal with
their on problems, but some are quick to run to outsiders for solutions," he
added.

-- BERNAMA

Bill Gates gives cars, bins worth $140k to Kuwadzana

http://www.dailynews.co.zw/

Thursday, 20 June 2013 12:47
HARARE - Bill and Melinda Gates Foundation (BMGF) yesterday gave $140 000
worth of vehicles and waste bins to Kuwadzana community.

It is just the latest donation after the American-based charity extended $5
million in 2011 to the same community which bankrolled the construction of
480 housing units for low income residents.

Speaking at the handover of a truck, minibus and bins valued at $138 000,
Henri Disselkoen, the Kenya-based BGMF consultant said the Harare City
Council was exceptionally innovative.

“The city council was once awarded in Italy for being innovative and I see
it now through their projects,” Disselkoen said.

“The staff is amazing, they spend time with people. What is here today gives
them a new energy and heart. Harare City, through its initiatives in the
communities, is proving that it is important to focus on the poor, not
saying that everyone else is not important but to improve their
 livelihoods.”

Melinda, wife to billionaire Microsoft chairman and philanthropist Bill
Gates provided the $5 million specifically to reduce a housing backlog
estimated at two million.

Harare mayor Muchadeyi Masunda said: “These people saw that houses are not
adequate without a clean environment. Like I always say, this is a step
towards the fulfilment of related Millennium Development Goals. As the
benefitting community, I do not expect to see these vehicles on stones in
the near future.”

A $20 million facility may be released anytime soon for a housing fund,
according to the mayor.

James Chiyangwa, deputy director for the city’s housing department, said the
local authority has made commendable strides towards putting together funds
which will be borrowed to Harare residents for home construction.

“The city has already put in $125 000, Shelter Development International $50
000, while Homeless People Federation has contributed $25 000 to make it
$200 000,” Chiyangwa said.

“We are still expecting government to chip in but the foundation is doing a
lot already in also providing technical and financial capacity to help
manage the fund.” -
Wendy Muperi

Zimbabweans among thousands ‘suffering’ in SA

http://www.swradioafrica.com/

By Alex Bell
SW Radio Africa
20 June 2013

As the international community marked World Refugee Day on Thursday,
authorities in South Africa were being urged to end the suffering of
thousands of foreigners facing abuse there.

This includes a number of Zimbabwean nationals who still risk dangerous
border crossings and possible ill treatment at the hands of their Southern
neighbours.

The most recent incident that has shocked refugee protection groups was a
police bust of a kidnapping ring, accused of preying on foreigners crossing
the borders into South Africa. The alleged kidnappers were arrested earlier
this month after 29 Zimbabwean and Mozambican nationals were found locked in
a house in Orange Farm, just outside Johannesburg.

One of the Zimbabwean victims, a young woman who was kidnapped at Beitbridge
with her two month old child, has spoken out about her ordeal. She has
described how she and the other victims were denied food and water and
relentlessly beaten. The kidnappers also threatened to kill her child.

The incident has highlighted the desperate situation facing many foreigners
in South Africa, left vulnerable by the country’s failing immigration
policies. In recent months, the situation has continued to deteriorate and a
growing number of cases of violence against foreigners have been reported.

This includes Wednesday night’s flare up of suspected xenophobic violence in
a Cape Town neighborhood, which saw scores of foreign nationals being forced
to flee their homes. The incident in Kraaifontein saw criminals looting an
estimated 200 shops and spazas owned by refugees and immigrants living in
the area.

Refugee rights groups PASSOP said this incident is not unique, “but rather
has become a frequent occurrence and is in need of urgent intervention.” The
group said it was ‘disheartened’ on World Refugee Day, because South Africa
is still failing to uphold the rights of refugees.

Stella Mkiliwane, the chairperson of the Forced Migration Working Group in
South Africa, said Thursday that the problem is multilayered, with the
rights of refugees and asylum seekers being violated on a number of
different levels. She said a ‘documentation crisis’ was the root cause of
the problems, because a lack of documentation and the taboo facing
foreigners with asylum seeker papers, “leaves so many people vulnerable.”

“They are facing anger by communities who accuse them of stealing jobs,
corruption at home affairs, discrimination because of their papers. It is a
multi-layered problem,” Mkiliwane told SW Radio Africa.

She added that the onus is on the government to implement proper education
and integration strategies to end the cycle of abuse facing foreigner in the
country, saying “proper dialogue is a first step that must be taken.”

Parliament Passes Money Laundering, Anti-Terrorism Bill

http://www.voazimbabwe.com/

Irwin  Chifera
20.06.2013

HARARE — Parliament on Thursday passed the Money Laundering and Proceeds of
Crime Bill with Finance Minister Tendai Biti saying it will help curb the
concealing of diamond proceeds from the Marange diamond fields.

Mr. Biti said it has taken long to bring the bill to parliament because some
ministers in the unity were resisting the promulgation of the restrictive
law.  He did not mention the ministers by name.

The Bill, which passed without amendments, will repeal and replace the
Serious Offences Act and provide a legal framework to combat money
laundering and terrorist financing.

It also provides legal mechanisms for the confiscation and recovery of
assets found to be proceeds of serious crime and terrorist financing crimes.

In his contribution to the Bill, Mazowe Central lawmaker, Shepard Mushonga,
said the Bill is crucial in curbing white collar crime in the country.

Two weeks ago parliament ratified the International Convention for the
Suppression of the Financing of Terrorism which was adopted by the United
Nations General Assembly in 1999.

Mr. Biti said failure to implement recommendations of the United Nations
financial action task force would see Zimbabwe’s continued isolation from
the international financial system.

Zimbabwe is a member of the Eastern and Southern African Anti-money
Laundering Group, a body which aims to combat money-laundering and the
financing of terrorism and serious crime.

'Civil society clampdown taints poll'

http://www.dailynews.co.zw/

By Guthrie Munyuki, Senior Assistant Editor
Thursday, 20 June 2013 12:52
JOHANNESBURG - A coalition of Zimbabwe civil society has warned that the
contentious July 31 poll date has dashed hopes for a free and fair election
environment.

Crisis in Zimbabwe Coalition, a conglomeration of more than 350 civic
society organisations raised fresh fears of retrogression as doubts persist
that the country will implement recommendations of the recent Sadc summit
which met in Maputo, Mozambique last week.

“We are of the same view that the 31st of July deadline has literally
retrogressed efforts towards the creation of a conducive electoral
environment to ensure the holding of credible, free and fair elections in
Zimbabwe,” Crisis in Zimbabwe Coalition spokesperson, Thabani Nyoni, told
journalists here yesterday.

“The role of Sadc in monitoring the progress and compliance of the inclusive
government remains essential and imperative for the conduct of free and fair
elections. It is our belief that it is only through implementation of the
framework guaranteed by Sadc and AU (African union) that Zimbabwe can be
able to have free, fair and peaceful elections whose outcome will be
respected by all political players, Sadc and the AU.”

On Tuesday, Justice minister Patrick Chinamasa appealed against the
Constitutional Court ruling ordering elections to be held on July 31 in line
with a Sadc summit resolution where the government was urged to seek an
extension, but the application was repudiated by principals yesterday.

Chinamasa had said in the appeal that President Robert Mugabe had no problem
with the date and had already complied with the order but was seeking the
delay following the intervention of regional leaders.

Prime Minister Morgan Tsvagirai said yesterday Chinamasa had filed a weak
application without authority from all the ruling parties.

Chinamasa’s appeal said: “I reiterate that His Excellency, the President, RG
Mugabe, is respectful of the ruling by this Honourable Court that the rule
of law should be restored as regards the electoral process and thus has
fully complied with the order of this court in terms of the law without any
legal difficulties or impediments.”

Already the Zimbabwe Electoral Commission has said it is preparing for a
July 31 poll unless the court rules otherwise.

At yesterday’s meeting, Crisis in Zimbabwe Coalition warned that the
operating environment was deteriorating with human rights defenders (HRDs)
and Civic Society Organisations (CSOs), the most targeted.

The coalition revealed that in the past eight months, several coalitions and
networks of CSOs representing over 500 000 members have been targeted and
criminalised.

“The ongoing and intensifying clampdown on CSOs and HRDs remains a matter of
great concern,” Nyoni said.

“Between October 2012 and April 2013, police have detained and or arrested a
total of 681 HRDs. Of the 681 HRDs, 360 were from CSOs and only 20 have been
prosecuted.

“Lawyers providing legal aid to CSOs and HRDs have also been obnoxiously
targeted to unsettle the sector and instil fear through threats, arrests and
prosecution based on frivolous charges.

“The assault on CSOs has been strategic, intentional, well-planned, and
well-resourced and implemented by State apparatus.”

Among the key concerns of civil society are outstanding media reforms and
the election management and administration which has stoked fires in the
inclusive government.

“Despite the fact that Zec has limited capacity and resources to conduct
effective voter education and registration, the exercise remains
exclusionary and chaotic. Given that we are now eight days into the 30-day
constitutionally mandated voter registration period and 42 days before the
holding of harmonised elections based on the 31st of July election date
unilaterally decreed by the president, we are concerned that Zec has not
accredited or announced any civil society organisation to conduct voter
education,” Nyoni said.

“Onerous provisions in the Electoral Act regarding the provision of voter
education have been used to exclude CSOs and criminalise their lawful work.
We note with concern the disenfranchisement of the eligible voters that
could ensue due to the limited timeframe being allocated for the purposes of
inspecting the voter’s roll. Additionally the synchronising of the voter
registration and the voter’s roll inspection could disadvantage many
eligible voters.”

Sadc leaders implored Mugabe and his coalition partners to create conditions
conducive to the holdings of free and fairs elections.

Among the key outcomes of the summit were the extension of the election date
and reforms in the media and security sector.

Access to Information and Protection of Privacy Act (Aippa), Broadcasting
Services Act (BSA), Criminal Law Codification and Reform Act and Official
Secrets Act have been used against the media and remain in force.

War, Violence Drives African Journalists into Exile

http://www.voazimbabwe.com/

VOA Staff
20.06.2013

WASHINGTON DC — The Committee to Protect Journalists (CPJ) says in the past
year, 55 journalists in 21 countries have gone into exile this year because
of violence, threats and imprisonment.  An official of the committee says an
estimated 40% of those who have fled are from sub-Saharan Africa.

An update on the lives of reporters in exile is included a study issued this
week to coincide with World Refugee Day.

A new report by the CPJ says most journalists who have fled violence or
repression come from Iran and Somalia, followed by Ethiopia, Syria and
Eritrea.

They are also found at the head of the CPJ’s annual Impunity Index.  It
ranks countries according to the degree to which attacks against journalists
are investigated, and perpetrators punished.

Tom Rhodes is the Eastern African consultant for the Committee to Project
Journalists. He says the government of at least one of the top five –
Somalia – has promised to look into threats against reporters.

“[It’s] been a great disappointment for us at CPJ once we saw this new
government sworn in and some very promising pledges made by the prime
minister, for example,  to set up a task force to investigate these murder,
even giving bounties to the public to report these cases. We still haven’t
seen any changes …..”
Some governments say journalists threaten security and the stability of the
state, especially in countries at war.  Rhodes says others offer an economic
angle for the continued crackdown on press freedom.

“There is one trend especially in Ethiopia and Uganda where they accuse the
press of being against development.  It seems to be the new catch phrase.
Rwanda has fallen into this thinking where they believe freedom of the press
is a luxury – and that you have to develop the economy first before you can
have a critical press.  Whereas, I’ve always been under the impression that
you can’t develop where you don’t have checks and balances, and that’s what
the press does,” he says.

In East Africa, many journalists flee to large urban areas like the capitals
of Kenya and Uganda.  Other regional hubs for exiles include South Africa in
the southern Africa region and Senegal in West Africa.

Rhodes says Nigeria, the continent’s most populous country and one of its
largest economies, is not a primary destination for exiles:  With five
unsolved murders of journalists, Nigeria also has the second-worst impunity
rating in Africa behind Somalia.

“Nigeria is a sleeping problem that the world needs to wake up to.  We have
journalists who are threatened by Boko Haram in the north and journalists
who self-censor in the Niger region when they try environmental reporting,
and we have a number whose murdered journalists [whose cases] have not been
solved.  So, generally speaking, I’d say Nigeria is less and less a hub for
any exiled journalist.”

Rough Welcome

But life is often difficult in their host countries.

Hasan Gesey was an editor for the leading private radio station in Somalia,
Somaliweyn. He spent three years in Nairobi before returning to Mogadishu as
director of Dalsan radio.

“It is difficult to explain the life of an exile.  It is beyond human
imagination. There is a threat on every corner…for exiles in Nairobi, there
are special problems. For me, I had to pay one thousand Kenyan shillings [to
corrupt police officers]. They want to take money from the Somali community
in Nairobi, especially journalists.”

The new destinations are not always safe.

The CPJ says security agents from Ethiopia and Rwanda are active in some
East African cities. “Ethiopian security agents took two Oromo Liberation
Front members back to Ethiopia from Nairobi, and prosecuted them.  That
shows they can take anyone they want.

“We are afraid because they might get us, and we don’t know what they’d do
if they [succeed].   For that reason, we don’t move around in most cases,
and we can’t continue our media work and our human rights activities.”

Extremists

Somali journalist Ahmed Nur, now living in Minnesota, says threats also come
from supporters of al-Shabab, the extremist Islamic group waging war against
the government.

“They do have some supporters living in Nairobi [and Kampala] and they still
harass – through text messages and phone calls –those who fled Somalia
saying ‘we are following you, we know where you are, and we will try to harm
you.‘  (OPT)  Actually, they wounded one journalist in the neighborhood of
Eastleigh [Nairobi] using knives.  So there are still some supporters of
al-Shabab in neighboring countries.”

Nur, who lived in the Kenyan capital for four years, says safety issues,
along with government regulations, make it difficult to earn a living.

“When you’re an exiled journalist, it’s very difficult to find a job. Even
if you find one, you are not allowed to work.  The policy of the Government
of Kenya is that you need a work permit, and they don’t allow foreigners to
get (one).  If you don’t have a job, it’s hard to find an apartment or place
to live.”
Some complain that international refugee policies and host country policies
are making their ordeal even tougher.

The CPJ notes it can take months for governments and the UNHCR to register
refugees and give them access to basic services like health care and primary
education.  The CPJ notes the case of veteran Somali journalist Hassan
Mohamed who died of complications from diabetes in 2011.  His illness went
untreated for months as he waited for the documents he needed to get his
medication.

The CPJ is working to help exiled journalists in a number of ways.

One is working with the UNHCR to speed up the registration process for
refugee journalists. The Committee to Protect Journalists also provides
limited financial support for journalists in distress. It provides funds
through its Journalists Assistance Program and is part of a collaborative
effort with other press freedom groups.

There is some optimism as many continue to blog or work for diaspora media.
And sometimes, says Rhodes,  there is enough peace back home that exiles can
return and resume their contribution to development.

The MDC Election Bulletin – Issue 16

Zimbabwe’s Dual Legal System

By Derek Matyszak
20th June 2013

Zimbabwe is often stated to have a “dual legal” system, whereby traditional
customary laws run parallel to the formal and statutory laws of the State.
However, it now seems increasingly possible to say that another duality is
emerging, the law as it is and the law as interpreted by ZANU PF, its
sycophants, acolytes and supporters, overt or covert. Curiously enough Dr.
Madhuku has recently made several odd pronouncements on the law which are
closer to the latter than the former and seem more in keeping with his
announced intention to venture into politics, than as a legal expert.

His latest such pronouncement, if the Herald of Monday 17th June 2013 is to
be believed, is that Mugabe is unable to approach the Constitutional Court,
as requested by SADC, to extend the 31st July election date deadline, as was
ordered in the Mawarire case on the 31st May, 2013. The apparent basis for
this contention is that the Concourt is unable to alter an order which has
already been implemented.

This contention is bizarre. Subsection 38(4) of the Electoral Act
specifically allows the dates given in an electoral proclamation to be
changed by the President. According to Dr. Madhuku’s argument, since the
Constitutional Court order has already been implemented, the President would
be free to use subsection 38(4) to move the election date beyond the 31st
July, without being in contempt of court, as he had already implemented the
order as required. This is manifestly not so. The clear import of the
Concourt order is that whatever election date is proclaimed, either as
originally set or as altered, it must be one which ensures that the election
takes place before 31st July. (And here we are supposed to ignore the
argument advanced by Dr Madhuku and the Minister of Justice in 2008 around
the date for the Presidential run-off election, that “the election” does not
mean the date of voting but the entire electoral process ending only upon
the announcement of the result – an argument which now seems forgotten in
applying the Concourt order).

It seems necessary to state the obvious. The logic of the Concourt judgment,
and the order issued, is that the election date the President must set, must
be one that ensures that the election is held before the 31st July. If he
wishes to use section 38(4) to change this date, to avoid being in contempt
of court, he must approach the court to indicate why he is unable to apply
the order – as he did so many times before in the case of the court orders
issued around the by-elections.

There is a difficulty here, however. The basis upon which the extension
could have been requested has changed. Initially it seemed that the
President could not comply with both the Concourt order and the Constitution
and electoral legislation. The Constitution requires a 30 day intensive
registration process which the parties agreed in Cabinet had commenced on
the 9th June (though which the Minister of Justice has since claimed was
somehow self- implementing the moment the new constitution was passed). The
Electoral Act provided/provides that voter registration must end the day
before the nomination court sits. Thus the nomination court could not sit
before the 9th July, and, as the Constitution provides that elections can be
held no sooner than 30 days after this, bringing elections to the 9th
August, there could be no simultaneous compliance with the Concourt order.
Furthermore, the new constitution also provided that the Electoral Act could
not be changed once the election dates had been announced. As the
constitutionally mandated amendments were unlikely to come before parliament
before the 17th June, and the new constitution requires a minimum 44 day
period between the proclamation of the election date and the election itself
(now interpreted to mean election day), once again it seemed that the need
to amend the Electoral Act meant that the Concourt order could not be
complied with without breaching the Constitution.

The President attempted to deal with both these problems by use of the
Presidential Powers (Temporary) Measures Act (PPTMA). He thus issued
Regulations, purportedly under that Act, not only incorporating the
amendments to the Electoral Act relating to proportional representation etc,
but also, reportedly, to change the Electoral Act so that voter registration
may continue after nomination day.

This then supposedly resolved the problem of the constitutional requirement
of the 30 day intensive registration period and the difficulty of amending
the Electoral Act before proclaiming the election dates. The extension of
31st July deadline on the ground of unconstitutionality was thus seemingly
extinguished.

However, the Regulations issued under the PPTMA are themselves
unconstitutional. This is not on the basis of section 134 of the new
Constitution, which precludes Parliament from delegating its law making
authority, as the Prime Minister’s office has suggested, since is not yet in
effect. It is because both the old and new constitution specifically require
that electoral law is made only “by an Act of Parliament” and emphasises
this is so particularly in relation to voter registration, a provision, as
noted above, that the President has purported to alter by Presidential
Regulation and not an Act of Parliament.

In considering the extension of the July, 31st the Concourt may be asked to
rule that using the Presidential Powers (Temporary Measures) Act, as the
President has done, to alter the Electoral Act is illegal, and that the
problems relating to the amendment to the Electoral Act and the 30 day
registration period remain, rendering the 31st July date constitutionally
impossible.

However, the same judges who will adjudicate this matter have been reluctant
to interpret the PPTMA as being restricted in this way by the Constitution.
In 2002 in the matter of Tsvangirai v Registrar General, when precisely this
issue was raised, only Sandura JA dealt with the point, holding that the
PPTMA could not be used to amend electoral legislation. The remainder of the
judges sidestepped the issue, and (astoundingly) held that Tsvangirai did
not have the right to approach the court (locus standi) on the matter.
Furthermore, if the President or the Minister of Justice makes the
application for the extension, neither of the two could be expected to
suggest to the court that the use of the PPTMA to amend electoral
legislation, was illegal, now the sole basis for the extension.

An alteration of the 31st July deadline will also be a tacit admission by
the Court that its order in the Mawarire case was legal nonsense. It will
thus be a matter of no little interest as to how these judges will approach
the Application to change the date, which has now been filed by the
President.

Derek Matyszak, a lawyer and senior researcher at the Research and Advocacy
Unit in Zimbabwe.

Inertia seems to be Zimbabwe’s worst enemy

Dr Clifford Chitupa Mashiri, 20th June 2013.
News that Zimbabwe’s House of Assembly sat for only fifteen minutes on 18th
June without transacting any business or giving any official explanation of
developments related to the recent SADC Summit is a matter of serious
concern.
Given that there are only four scheduled sitting days left before the
automatic dissolution of Parliament at midnight on 28th June, it is
disheartening to note that even the Senate adjourned after nine minutes,
without transacting any business (see Veritas, ‘Bill Watch 25/2013 of 19th
June,’ zimbabwesituation.com, 20/06/13).
In spite of the urgency of the issues arising from the Maputo SADC
extraordinary summit, inertia seems to have gripped both chambers.
While there are so many definitions of inertia, for present purposes, we
could settle for the physics one which says:  “the tendency of a body to
resist acceleration” (see the free disctionary.com).
Synonyms which help clarify the intended meaning are ‘indifference’,
‘lackadaisical’, ‘without interest, vigor, or determination’, ‘listless’, or
‘lethargic’. Of course, Parliament has probed diamonds cash and in the past
secured a confession that Zimbabwe ‘lied’ in order to be chosen to host
UNWTO .
However, it is sad that of late Parliament seems to have abdicated its duty
and resigned itself to rubber stamping executive directives from
‘behind-the-scenes’ meetings, counting down to dissolution without any proud
legacy to leave behind given that POSA and AIPPA are still intact.
But surely, fifteen minutes here and nine minutes there, was not even enough
to warm the seats.
Similarly, since Zimbabwe Electoral Commission (ZEC) chairperson Justice
Rita Makarau stated on Monday 18th June2013 that public broadcasters must
afford all political parties and independent candidates free access to
broadcasting services as prescribed in regulations, it is curious that we
have not heard of which parties or individuals have seized that opportunity.
To get airtime on ZBC, parties don’t need to await the realignment of the
Broadcasting Act or the licensing of new broadcasters given the limited time
left between now and elections in August if all goes well.
Has any opposition party or independent candidate/s approached ZBC with
their party political statement for instance urging people throughout the
country to register to vote for them and why. Is this not one of the long
awaited “media reforms” [albeit for elections only] they are ignoring?
What are they waiting for? Another SADC summit? Parties should go and
announce their action plans on radio and television before it’s too late.
Inertia seems to be Zimbabwe’s worst enemy.
PS: I am very saddened by the tragic and untimely death of Mr Chindori
Chininga, MP in what is being said to be a road accident. His sound
contributions in Parliament will not go unnoticed. May his soul rest in
peace.
Clifford Chitupa Mashiri, Political Analyst, London, zimanalysis2009@gmail.