10 Candidates to Contest Zimbabwe Presidential Election

http://www.voazimbabwe.com/

Irwin  Chifera
28.06.2013

HARARE — Ten Zimbabweans, among them unity government leaders President
Robert Mugabe, Prime Minister Morgan Tsvangirai and Industry Minister
Welshman Ncube, on Friday registered to run in this year’s presidential
election in which Mr. Mugabe is seeking to extend his three-decade rule.

The nomination court opened its doors early this morning with Chief
Elections Officer, Lovemore Sekeramayi acknowledging that they received Mr.
Tsvangirai’s nomination papers that were filed in advance Wednesday.

An excited MDC-T secretary general, Tendai Biti, told reporters outside the
court that Mr. Tsvangirai is Zimbabwe’s next president.

Mr. Mugabe’s chief elections agent, Defence Minister Emmerson Mnangagwa then
arrived at the court 20 minutes after it opened to file nomination papers
for his party's candidate, who is currently receiving medical treatment in
Singapore.

Like Mr. Biti, the defence minister told the media he is confident the
veteran leader will lead Zanu PF to victory in the elections.

Asked about the health of the Zanu PF presidential candidate, Mr. Mnangagwa
said President Mugabe is fit, adding he is in Singapore for an eye check-up.

Third in line was Regional Integration Minister, Priscilla
Misihairabwi-Mushonga, who filed Mr. Ncube’s nomination papers, effectively
pouring water on grand coalition talks by parties opposing Mr. Mugabe and
Zanu PF rule.

Misihairabwi-Mushonga denied her party had been engaged in talks to form an
election coalition, adding the MDCs had only cooperated on opposing the July
31 poll date.

Mavambo Kusile Dawn leader Simba Makoni announced Thursday he was pulling
out of the presidential race to pave way for a coalition candidate.

But one of the parties involved in the talks, Zapu registered its leader
Dumiso Dabengwa to participate in the presidential elections.

Then there were several candidates from small parties and independents who
also approached the nomination court to file their papers.

Among them are Kissnoti Mukwazhi of the Zimbabwe Development Party and
Langton Toungana, who came last in the 2008 presidential election.

The court closed in the afternoon was still processing some nominations
papers late last evening which they said lacked relevant information.

Electoral Commission officials said the court will be open until midnight to
allow late comers to lodge their papers ahead of the elections.

Ncube throws hat in to contest presidential election

http://www.swradioafrica.com/

By Tichaona Sibanda
SW Radio Africa
28 June 2013

MDC President Welshman Ncube submitted his nomination papers on Friday to
stand as a presidential candidate in the upcoming elections.

Other candidates whose papers were lodged with the court in Harare were ZANU
PF leader Robert Mugabe and Morgan Tsvangirai of the MDC-T.

There is also a female challenger, Irene Bete, who successfully filed her
papers to stand as an independent candidate in the hot race. There was no
word from Deputy Prime Minister Arthur Mutambara. The party that he leads
did not field any parliamentary, senatorial or council candidates.

But it is Ncube’s candidature that has surprised the many who believed the
opposition would gang up and field just one candidate in the presidential
race. In 2008 he did not contest, but instead put his weight behind Simba
Makoni, leader of the Mavambo/Kusile/Dawn (MKD).

This is a clear indication that Ncube, whose papers were filed at the High
Court by Priscilla Misihairambwi-Mushonga, will not be part of the ‘grand
coalition’ that is still on the drawing board, seeking to end Robert Mugabe’s
33 years in power.

Misihairambwi-Mushonga told journalists soon after filing Ncube’s papers
that they’ve never been approached by anybody to talk about a grand
coalition.

‘Let me make it clear that we have never been approached to discuss this
grand coalition. We only read about it in the newspapers. We’ve made it
known that whoever wants to sit down and talk about it we are open to it and
they know where to find us,’ she said.

However the MKD leader, Simba Makoni, withdrew from the presidential race on
Thursday, throwing his weight behind the coalition that he said will be led
by Tsvangirai.

Makoni said he was withdrawing from the race to mount a united front against
Mugabe and ZANU PF, adding that he was prepared to serve the nation in any
capacity in the post-government of national unity era.

ZANU Ndonga has already indicated they would back Tsvangirai in the pending
crucial elections, with its chairman Reketai Semwayo on Friday filing his
nomination papers to stand as an MP in Chipinge Central on an MDC-T ticket.

ZAPU leader Dumiso Dabengwa on Wednesday addressed the media and said that
if there is to be a coalition it should be inclusive, and that all parties
involved must be awarded top posts.

Emmerson Mnangagwa, the ZANU PF Defence Minister, said his party is
confident that they will win the elections by a landslide. Briefing
journalists soon after submitting Mugabe’s papers, Mnangagwa said their
victory was certain because of the progressive policies that they’ve put
across to the people.

‘One other thing that makes us confident is the number of people that
participated in our primaries. We averaged 10,000 people in some
constituencies whilst our colleagues had 70 to 90 people participating in
their primaries,’ he said.

Asked about the well-being of Mugabe who flew to Singapore for a health
check up, Mnangagwa retorted; ‘He’s fitter than you. He’s gone for a normal
check-up on his eye.’

The MDC-T secretary-general, Tendai Biti, who submitted papers on behalf of
Tsvangirai, also predicted victory for his party.

‘It is an honour to be filing papers for the next president of Zimbabwe.
This winter we will be celebrating,’ Biti said.

Mugabe, Tsvangirai to run in Zimbabwe presidential vote

http://www.timeslive.co.za/

Sapa-AFP | 28 June, 2013 17:14

Zimbabwe's veteran President Robert Mugabe and his long-time rival Morgan
Tsvangirai on Friday both threw their hats into the ring to run in the
upcoming presidential election.

Their candidacies were approved by a court in Harare, although a final date
has yet to be confirmed for the elections that will end an uneasy four-year
power-sharing arrangement between Mugabe and Tzvangirai.

"The people of Zimbabwe are ready for change. We have absolutely no doubt
that Morgan Tsvangirai will be the next president of Zimbabwe," said Finance
Minister Tendai Biti, who is also Tsvangirai's electoral agent.

Tsvangirai has posed the stiffest challenge to Mugabe's 33-year rule of the
southern African nation, but failed to win in the last elections in 2008
which were mired in violence.

But Mugabe's own election agent, Defence Minister Emmerson Mnangagwa, voiced
confidence that his candidate would win.

"We as ZANU-PF are very confident of victory in the harmonised elections
with President Mugabe because of the progressive policies that we have put
across," Mnangagwa told journalists.

Asked about Mugabe's health after the 89-year-old flew to Singapore for a
medical check, Mnangagwa said: "He is fitter than you, he is a careful man.
He has gone for a normal medical check-up for his eye."

Mugabe has proclaimed July 31 as the date for Zimbabwe's general election
but it is not clear if they will be held on that date.

Following pressure from regional leaders for key reforms to be implemented,
Mugabe called for the constitutional court to agree a two-week delay.

Tsvangirai also filed an appeal arguing that a two-week delay was not enough
to implement reforms and the court has set a hearing on the issue for
Thursday next week.

Mavambo Kusile Dawn Party Not Fielding Presidential Candidate

http://www.voazimbabwe.com/

Irwin  Chifera
27.06.2013

HARARE — Mavambo Kusile Dawn (MKD) party president Simba Makoni says his
party is not fielding a presidential candidate in the next elections to pave
way for a possible single candidate that may be agreed to by a coalition of
parties.

Zapu leader Dumiso Dabengwa on Wednesday said he will put his name on the
presidential ballot, signaling the stalling of coalition talks but Makoni
said he has hope that political parties will unite in the presidential race
against veteran President Robert Mugabe.

Makoni told journalists in the capital that in the spirit of co-operation
with parties like the two Movement for Democratic Change (MDC) formations,
Zanu Ndonga and Zapu, the party's national management committee resolved not
to present a presidential candidate.

This, Makoni, said is to allow for the on-going coalition talks which are
expected to come up with a single candidate to stand against President
Robert Mugabe.

He said the parties have so far not agreed on any candidate and could not
say when they are likely to be completed.

Mr. Makoni said his party will field candidates for senatorial, national
assembly and council elections.

However, he explained that it is MKD’s view that the coalition fields one
candidate in senatorial, national assembly and council elections.

Coalition parties are expected to file nominations Friday. Mr. Makoni said
if the parties make a concrete agreement even after the nomination court
process, some candidates would have to stand down for coalition candidates.

The MDC-T formation filed nominations for its candidates in advance
Wednesday.

In a related development, the Zimbabwe Electoral Commission has relaxed
requirements for candidates wishing to contest council elections.

In a statement, the Commission said it is no longer a legal requirement for
candidates to attach police and local government clearances on their
nomination papers.

Makoni backs Tsvangirai

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

BRIDGET MANANAVIRE AND FUNGI KWARAMBA  •  28 JUNE 2013 12:33PM

OPPOSITION leader Simba Makoni has withdrawn from the presidential race,
throwing his weight behind a grand coalition seeking to end President Robert
Mugabe’s 33-year rule.

The coalition will be led by Prime Minister Morgan Tsvangirai.

The former Finance minister, who now leads Mavambo/Kusile/Dawn (MKD), told a
news conference yesterday that he was withdrawing from the presidential race
to mount a united front against Mugabe and Zanu PF.

He said he was prepared to serve the nation in any capacity in the
post-Government of National Unity (GNU) era.

“I am happy to advise the nation that the National Management Committee
(NMC) of MKD resolved on Tuesday  June 25, 2013 not to field a presidential
candidate, in the forthcoming elections,” he said adding “we took this
decision in order to pave the way for agreement on a single presidential
candidate for all those yearning for change in national leadership at the
highest level.”

Tsvangirai, who in 2008 nearly ended Mugabe’s hegemony had it not been for a
fractured opposition, is widely regarded as the front runner to lead the
coalition, not only because of the legislative strength of his party but
also because of his popularity.

Clad in a green jersey and apparently in buoyant mood, the ex-Zanu PF
politburo member said he is prepared to work under a coalition government
led by Tsvangirai, adding he would not have withdrawn his presidential bid
if he was not prepared to work with other leaders.

“I am fully-committed to back the one candidate who is chosen by the grand
coalition,” Makoni told reporters.

“If I was not prepared to back that person, I wouldn’t have made this
statement.”

Asked if there was buy-in from other parties to the idea of a coalition and
if they will agree on the candidate in time for the Nomination Court, Makoni
retorted: “Chances are 10 out of 10. We are constantly in meetings, we are
having one right now.”

The Nomination Court closes today at 4pm.

While Makoni has openly rallied behind the coalition, other parties such as
Zanu Ndonga have already indicated they would back Tsvangirai in the pending
crucial elections, with yet another erstwhile Zanu PF stalwart Dumiso
Dabengwa, who now leads a revived Zapu, saying grand coalition talks are
ongoing and at an advanced stage.

“If it is decided to have a coalition it should be inclusive, we would like
to see all parties involved, awarded top posts,” Dabengwa told reporters on
Wednesday.

Using the MDC maxim “real change”, Makoni talked up putting national
interest before egos.

“In preparing ourselves for the likelihood of elections this year, we
reaffirm our commitment to put the national interest above our party of
individual members’ interest,” Makoni said.

“We also agreed to apply our separate and collective energies to the cause
of cooperation.”

After Mugabe unilaterally declared that elections would be held on July 31,
five parties that included the governing MDC formations, MKD, Zapu and Zanu
Ndonga collectively took a stance vowing not to be frogmarched into an
election without the full implementation of agreed reforms.

In turn, the Sadc extraordinary meeting that was held in Maputo, Mozambique,
on June 15, used the letter as the basis for rejecting Mugabe’s bid to
railroad the country into an early poll without implementing security sector
and media reforms.

The strengthening coalition that is gathering momentum on the eve of
watershed elections is likely to rattle Mugabe’s Zanu PF which held chaotic
primary elections for three days as infighting took centre stage, with
several disenchanted candidates threatening to stand as independent
candidates.

Ncube spurns Tsvangirai election alliance

http://www.newzimbabwe.com/

28/06/2013 00:00:00
     by Staff Reporter

THE MDC denied it had been engaged in talks to form an election coalition
Friday as party leader Welshman Ncube filed his nomination papers to run for
the presidency against President Robert Mugabe and Prime Minister Morgan
Tsvangirai.

Speculation had been rife that the MDC formations would form a grand
coalition with Mavambo Kusile’s Simba Makoni and Dumiso Dabengwa’s Zapu for
the election which Mugabe called for July 31.

Makoni confirmed the parties had discussed the possibility as he announced
he would not run to make way for a “single presidential candidate”.

However, Welshman Ncube and Dumiso Dabengwa filed papers to run for the
presidency on Friday along with MDC-T leader Morgan Tsvangirai.

Speaking as she filed Ncube’s papers, MDC secretary general Priscilla
Misihairambwi-Mushonga said her party was not involved in efforts to form
the mooted coalition.

“I can’t speak on something that has not been brought to our attention and
we have always been clear about it people talk about it in the papers,” she
said.

“I don’t even know what that grand coalition is about no one has spoken to
us about it.”
She said the only time the parties had worked together was when they
discussed a joint strategy after Mugabe proclaimed the election dates.

Makoni insisted at a press conference Thursday that the parties had
discussed the idea but conceded that the leadership of the coalition had
proved a major sticking point.

“It (alliance leadership) is a complex issue; MKD prefers Simba Makoni (but)
there are many considerations to accommodate. Many parties had prepared to
contest alone,” Makoni said in response to questions by journalists.

“(However) I am sure we will make it on time. I am convinced that other
leaders who are genuinely committed to national interest will rise to the
challenge. I am fully committed and so is our party to back one candidate
agreed by the grand coalition. We are in constant meetings.”

ConCourt dismisses Diaspora vote challenge

http://www.swradioafrica.com/

By Alex Bell
SW Radio Africa
28 June 2013

The Constitutional Court on Friday dismissed a legal challenge that was
trying to secure the voting rights of Zimbabweans in the Diaspora, in a
decision that is set to have a serious impact on millions of citizens around
the world.

The challenge had been filed last year by a South African based Zimbabwean,
Tawengwa Bukaibenyu, who argued that the barring of postal ballots for
exiled Zimbabweans violated his right to choose his country’s government.

Bukaibenyu was arguing that the lack of a Diaspora vote was inherently
unfair, because he does intend on returning to Zimbabwe one day when the
situation normalises.

He wanted the country’s electoral laws that prohibit the Diaspora vote to be
declared unconstitutional, saying: “I therefore have a vested interest to do
my part to ensure that the situation in Zimbabwe normalises as soon as
possible, and this includes participation in elections and civic duties in
Zimbabwe.”

But on Friday the Constitutional Court bench unanimously dismissed his
application. The Court did not give reasons for the decision, saying this
would be communicated in due course.

The decision is a serious blow to millions in the Diaspora, who are all
being denied their right to cast their votes.

But the decision could also have serious legal ramifications for Zimbabwe,
which stands on the verge of being declared in contempt of the African
Commission on Human and People’s Rights.

The Commission in February ordered the Zim government to make provisions for
exiled Zimbabweans to cast their votes using the postal voting system. This
was ahead of the March referendum, but the government has still not
responded to this order.

Mawere registers to vote following dual citizenship court victory

http://www.swradioafrica.com/

By Violet Gonda
SW Radio Africa
28 June 2013

Business mogul Mutumwa Mawere finally acquired new identification documents
from the registrar general’s office and has now registered to vote, after
winning a landmark case on dual citizenship in the Constitutional Court
(ConCourt) on Wednesday.

However Mawere fears many people, classified as aliens, are still going to
face hurdles despite the ConCourt ruling, as he was made to show the court
order to officials in order to receive the new identity documents.

Mawere, who collected his documents on Thursday, denied reports stating he
had filed papers in the nomination court on Friday to stand as a candidate
in forthcoming elections.

He told SW Radio Africa that some people wanted to nominate him but he had
to be a registered voter first and “that was only done this afternoon so
there was no way that would be possible.”

Mawere said his rights were violated, as in terms of the constitution he was
supposed to have been given the same rights as any other Zimbabwean to
participate in the electoral process when the new charter was adopted on
22nd May -even if it meant having the same time allocated for voter
registration.

He added that constitutionalism has not dawned on Zimbabwe: “Until yesterday
I was classified as an alien today I am classified as a Zimbabwean but there
are many other people who are either resident aliens or non-resident aliens.
So if you want to have an inclusive process then it must be fair and
equitable to all.

“Even when I went to the registrar general’s office they asked me for a copy
of the court order, but the constitution says you do not need a court order
to be entitled to the rights entrenched in the constitution. But they could
not process any of my papers without evidence of a court order which means
if somebody goes to the RG’s office they may not receive the same treatment
that I received.”

A South African by naturalization, Mawere had traveled to Zimbabwe earlier
this month to apply for his ID and a passport, so that he could register to
vote in the forthcoming polls. But Registrar General Tobaiwa Mudede told him
that he would have to renounce his South African citizenship first.

He appealed the matter in the ConCourt, resulting in a judgment that said
dual citizenship is permissible under the new constitution.  This is a
ruling that has widespread implications for Zimbabweans living in the
Diaspora.

Zimbabwe Lawyers for Human Rights project manager, Rose Hanzi, said the
ruling means if a person is born in Zimbabwe and ‘one or both’ of their
parents is a Zimbabwean citizen then they are allowed dual citizenship. The
same applies to a person born in Zimbabwe whose grandparents (either both or
just one of them) are Zimbabwean.

But she said for children born outside the country the situation is
different. If born in the Diaspora, to Zimbabwean parents, they would be
regarded as citizens by descent IF their birth is also registered in
Zimbabwe.

“For those who are citizens by descent or by registration, they are not
allowed to have dual citizenship because parliament has the power to
prohibit that. So if they want to then become Zimbabwean citizens they have
to renounce the other citizenship so that they are still Zimbabweans.

“But that child’s birth should also have been registered in Zimbabwe. So it
also depends on where the birth of the child is registered  – if it’s in
London alone or it’s also registered in Zimbabwe,” the ZLHR explained.

Losing MDC-T candidates to stand as independents

http://www.swradioafrica.com/

By Nomalanga Moyo
SW Radio Africa
28 June 2013

Candidates from different political parties on Friday submitted their names
to the nomination court, as Zimbabwe takes another step towards elections.

The build up to the election has been full of high drama, starting with the
disputed election date unilaterally declared by President Robert Mugabe.

Then came the parties’ primary elections, which were characterised by
complaints of factionalism, corruption and violence, especially in ZANU PF
and the MDC-T.

On Friday, with the nomination court in session throughout the country,
there were reports that some disgruntled MDC-T members have decided to stand
as independents.

Already in Bulawayo, outgoing MDC-T Member of Parliament for Magwegwe, Felix
Mafa Sibanda, confirmed filing his papers as an independent.

Mafa was pitted against Anele Ndebele during the MDC-T primaries and he was
announced on the party’s website as having won the election. However a few
days later, that decision was rescinded, with Ndebele sailing through.

There are fears that numbers of people standing as independents will likely
to split the MDC-T vote, at a time when analysts already predict another
run-off, with the poll producing no outright winner.

Speaking to SW Radio Africa, Mafa said he is disappointed that his party had
failed to stem the factionalism fanned by Parastatals Minister Gorden Moyo
and Deputy Prime Minister Thokozani Khupe.

He said: “It is regrettable that the leadership of the party we formed under
difficult conditions where people were being raped, killed and maimed is
eating its own children.

“The Bulawayo leadership, under the stewardship of Gorden Moyo, has been
infiltrated by intelligence operatives so much so that the old guard of the
MDC-T is being discarded. Moyo is replacing us with his former members of
(the defunct) ZAPU 2000, and his former mates in the civil society movement,
especially Bulawayo Agenda and the Bulawayo Progressive Residents
Association.”

Mafa said the constituency was now riddled with tribalism, racism and the
senior party leadership had failed to address these issues, despite numerous
appeals by long-serving supporters.

There are strong indications that the current squabbles in Bulawayo will see
a number of other MDC-T members contesting the poll as independents,
including Pelandaba-Mpopoma MP Samuel Sandlwana Khumalo, who also filed
Friday.

Others were said to be holding on till the last minutes of the nomination
process, which is now set to continue well past the initial 4pm deadline, to
bargain with the party.

Senior MDC-T member Gwace Kwinjeh was also shocked to learn a few days ago
that she will not be representing the party in Makoni Central, after being
announced as a winner. She told the Daily News that she had lodged a
complaint with the party leadership, party president Morgan Tsvangirai.

In Harare, SW Radio Africa is reliably informed that so far about 25 MDC-T
members have indicated that they will be standing as independents.

Harare correspondent Simon Muchemwa said the group, calling itself MDC
Independents, will be challenging MDC-T winning candidates, with Norman
Chiroto challenging Theresa Makone and Tendai Biti facing a challenge from
Mr. Macheza.

“Apparently the candidates will be using the MDC-T logo but where Morgan
Tsvangirai’s name appears, they will put their faces.”

Political analyst Rejoice Ngwenya said some independent candidates are good
for democracy, but it would affect the party’s numbers in parliament.

“Of course every individual who gets a vote deserves that vote but what it
also means is that it reduces the party’s majority in parliament which makes
the implementation of programmes very difficult.

“In politics there will always be dissenting voices, but it defeats the
whole issue of unity of purpose and the dominance of the progressive forces.
These intra-party fissures demonstrate that our leaders lack the capacity to
unite their structures in order that the mission to unseat ZANU PF is
accomplished,” Ngwenya said.

Zimbabwe parliament comes to an end Saturday

Saturday 'doomsday' for MDCs: Mugabe

http://www.newzimbabwe.com/

27/06/2013 00:00:00
     by Staff Reporter

PARLIAMENT will be automatically dissolved on Saturday as the curtain comes
down on the country’s fractious coalition government.

Constitutional Affairs Minister Eric Matinenga, who is not seeking a return
to the legislature at the next elections, confirmed the development on
Thursday.

“I hope most of the MPs would come back (after elections),” Matinenga told
MPs.

“For some of us, today’s sitting is the last supper. Parliament will be
dissolved by operation of the law by June 29 2013.”
The end of the Seventh Parliament triggers the winding down of the fractious
coalition government which came into office after violent elections in 2008.

Although credited with helping ease political tensions and putting nudging
an economy that was on its knees back on the path to recovery, the
government was riven by bitter policy and other disputes between Zanu PF and
the MDC parties.

Still, President Robert Mugabe said he hoped his rivals had gained some
insights into governance during the coalition experiment although he vowed
not to give them the chance to put into practice whatever they might have
learned.

“It (coalition) was a good thing because some of those MDC people who could
learn, have learnt something about government, how to govern,” Mugabe said
in interview view he gave to a Namibian newspaper this week.

“But the issue is, now, they want to stick, they don’t want to go. It’s so
sweet and we said no, it was temporary. This was a temporary thing, don’t
make it permanent.”

He also said the unity administration had helped the parties realise that
“violence does not pay”.

“It made us work together, it made us actually realise that it doesn’t pay
to have violence,” the Zanu PF leader said.

“We may differ, we may belong to different organisations and have different
views but that should not make us fight each other.
“We emphasised that, we hope that has been understood but many of the
leaders say, yes, they understand that and that this election should be free
and fair and free of violence.”

But true to form, the coalition is drawing towards an acrimonious end as the
parties have failed to agree on how and when to end the power sharing
arrangement in a case set to be heard by the Constitutional Court next
Thursday.

The MDCs want the polls delayed to allow further reforms but Mugabe claims
they are trying to postpone the inevitable – election defeat.

“They (MDCs) are afraid, they are cowards, cowards, cowards, you know . . .
cowards I have never seen,” he said.
Mugabe, who refused to entertain suggestions by his partners that the
government could stay in office for a few more months after the end of
Parliament, said elections will have to be held after Saturday.

“Doomsday is coming for them on the 29th of June. How many days have we to
go? It’s on Saturday . . . and then the life of Parliament comes to an end
and this Parliament dies, and they die politically also,” he said.

“Those of them who are MPs … all MPs cease to be MPs and we can’t continue
without a Parliament but some of them say we go on and on. Ah!  What sort of
people are we to suggest that we have elections August next year, or it’s
this year I suppose.

“Even this year, a person is completely, completely defiant of the tenet of
democracy and is saying it doesn’t matter, it doesn’t matter. We can go on
without Parliament as what?

You can’t do that, no, no!
“We never, never went without Parliament, every five years we had Parliament
since 1980, you see and I don’t want our nation to be taught that a sitting
Government can prolong the term, the life of Parliament, prolong its own
life without a mandate from the people.

“That’s wrong, we must seek a mandate from the people.  If you lose, you
lose.”
Mugabe said he hoped his rivals had learnt something about government during
the experiment with coalition politics although he vowed not to give them
the chance to put in practice whatever they might have learned.

Suspended Mutare mayor wins ‘monumental’ case to stand for re-election

http://www.swradioafrica.com/

By Alex Bell
SW Radio Africa
28 June 2013

Suspended Mutare Mayor, Brian James on Friday won a Constitutional Court
challenge, allowing him to contest in the coming local government elections.

James, who was suspended by Local Government Minister Ignatius Chombo last
year, had approached the ConCourt to challenge a section of the Electoral
Act, which bars suspended government officials from standing for
re-election.

Chombo had suspended James last year, accusing him of incompetence and
financial mismanagement. This suspension is being challenged in the High
Court and James has previously said that he believes Chombo’s action was
undertaken to keep him away from contesting again in the forthcoming polls.

Lawyer Tawanda Zhuwarara told SW Radio Africa that this section of the
Electoral Act undermines the new constitution, which states that anyone over
the age of 18 can file nomination papers and stand for elections.

“This was a monumental argument in the sense that this is the first time the
court is dealing with question of right to be elected and the court agreed
with our argument that it was unfair and unreasonable for him to be barred,”
Zhuwarara said.

The decision by the court was made just hours before the window to file
nomination papers ahead of the general elections closed on Friday at 4pm.
Zhuwarara said the case sets an important precedent.

“It is a very important decision and arguably one of the most important ones
of the court because it confirms that an individual has political rights
that are constitutionally entrenched,” the lawyer said.

He added: “So as of 4o’clock today, Mr. James filed his nomination paper and
will be standing as an independent candidate in his constituency, regardless
of the suspension.”

Zim: Top brass called on to respect people's will

http://mg.co.za/

28 JUN 2013 00:00 KUDZAI MASHININGA

The country's human rights commission has urged the Zimbabwean Republic
Police to respect human rights ahead of polls.

The Zimbabwe Human Rights Commission (ZHRC) has met police commissioner
General Augustine Chihuri and the prisons commissioner general, retired
Major General Paradzai Zimondi, to impress on them the need to respect human
rights in the forthcoming polls and to accept the outcome.

The commission's chairperson, Jacob Mudenda, last week told a workshop on
human rights in the mining sector that the commission had met the two men
and that a meeting was on the cards with army General Constantine Chiwenga
and other generals.

The Zimbabwe Environment Law Association moderated the workshop. "The
police, we met them – the very top brass within the ZRP [Zimbabwe Republic
Police] and [discussed] what we think about promotion of human rights. We
have met Zimondi. We will be meeting Chiwenga, but we will not rush to say
this is what we have done with Chiwenga. We want constructive engagement not
publicity," Mudenda said.

Chihuri has said openly he supports Zanu-PF and has called the Movement for
Democratic Change leader, Morgan Tsvangirai, a "lunatic". Zimondi has been
quoted in the media as saying he would take up arms should the MDC win.

The warning comes after many reports of the army and police chiefs saying
that they would not salute or respect a poll outcome favourable to MDC or
Tsvangirai. Also, in the past election, the MDC implicated the police and
army in orchestrating politically motivated violence against it. President
Robert Mugabe last year conceded at an anti-violence meeting that there were
times when the police had not acted for the people.

The commission was a requirement of the unity government. Mudenda said the
commission, which will be observing polls for the first time, was battling
to secure funding to assess the state of human rights comprehensively.

Mudenda, a lawyer, said that, when the Act that set up the commission was
brought before Parliament, there was no discussion about how the body would
be funded – it was rushed through based on a Cabinet agreement. He said the
commission had been able to sustain its operations because of a €500 000
donation by the Danish Institute for Human Rights.

Coup threat hot air - Dabengwa

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

FUNGI KWARAMBA  •  28 JUNE 2013 8:59AM

ZAPU leader Dumiso Dabengwa says army generals who have threatened to veto
the political transition if President Robert Mugabe loses the forthcoming
election cannot stand in the way of a popularly-elected government.

Recalling the Lancaster House negotiations in 1979, the ex-intelligence
supremo said even Rhodesian army commanders including general Peter Walls
had vowed not to accept a rule by “terrorists”, but when push came to shove
after Mugabe’s 1980 electoral victory, the army was following civilian
orders.

Speaking to journalists yesterday, Dabengwa indicated that negotiations
towards forming a grand coalition are still under way and did not rule out
the prospects of a poll pact with Prime Minister Morgan Tsvangirai, the
subject of ridicule from service chiefs.

“The so-called threat of the army is no threat at all,” Dabengwa said.

“I don’t see the army taking matters into its hands, we might have had that
experience but it is all in the past, I don’t think they will try it this
time around.”

Sabre rattling from service chiefs, some of whom have described Tsvangirai
as a “psychiatric patient”, have fuelled speculation that the country may
descend into a military rule if the former trade unionist wins the imminent
elections.

However, Dabengwa said if army bosses attempt to subvert the will of the
people, they would not get away easily.

“I do not think the army will go that far because they know they will not
get away with such.

“It is the people who choose leaders and not the army, soldiers can say
whatever they want to say but at the end of the day they will follow
civilian leadership,” he said.

Citing the new Constitution which clips the wings of army bosses and also
introduces a 10-year term limit on service chiefs, Dabengwa said prospects
of a coup in Zimbabwe were slim.

At its extraordinary meeting on Zimbabwe in Maputo, Mozambique on June 15,
Sadc underscored the need for haggling coalition partners Mugabe and
Tsvangirai to ensure that the forthcoming elections are held under
conditions fertile to produce an undisputed result.

The 15-member regional bloc, urged Mugabe — who has repeatedly dodged
implementing security sector reforms since 2009 — to publicly call his
troops to order so as to restore public confidence in the army, widely
regarded as pro-Zanu PF.

Zanu PF abusing police - Makone

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

CHENGETAI ZVAUYA, PARLIAMENTARY EDITOR  •  28 JUNE 2013 12:27PM

HOME Affairs minister Theresa Makone has condemned Zanu PF for abusing
police officers in the primary elections by using them to supervise the
shambolic vote.

Makone made the remarks in Parliament on Wednesday when she was answering
questions from legislators during Parliament’s question time.

Pishai Muchauraya, MDC MP for Makoni South demanded an explanation why Zanu
PF was using the police in conducting its elections.

“I want to know if it is a government policy to deploy uniformed ZRP
officers to conduct Zanu PF primary elections and who is funding that
exercise on behalf of the government?” asked Muchauraya.

Makone told the legislators that it was not government policy.

“Police should not be used as party agents in any form or manner,”

Makone said. “If that has happened, it is regrettable, illegal and wrong.

"The police are expected to be present at party political functions as
keepers of peace in that role, nothing else.”

She said during the primary elections for other political parties including
the MDC, police were present only as peace keepers.

Prime Minister Morgan Tsvangirai’s MDC held its primary elections last
month.

“We experienced it over the last few weeks during the primary election
processes of the parties that have finished their exercise. The police were
present only as keepers and defenders of the people,” said Makone.

Turning to Zanu PF’s use of uniformed police officers at polling stations
where they were issuing ballot papers to voters, Makone said it was an
illegal act.

“If police officers have been used to carry ballot boxes, count people or
verify anything on behalf of parties it is an illegal activity and we cannot
blame people when they think that it is State resources that have been
misused,” said Makone.

Zanu PF and MDC are gearing up for holding harmonised elections as the
parties are preparing to submit names of their respective parliamentary
candidates to the Nomination Court.

Obama and Zuma Expected to Discuss Zimbabwe

http://www.voazimbabwe.com/

Jeremy Groce,  VOA Staff
28.06.2013

WASHINGTON, DC — An aide to President Obama says the US leader will include
Zimbabwe in his discussions with South African President Jacob Zuma, when
the two leaders meet in South Africa on Friday.

Deputy National Security Advisor Ben Rhodes told VOA that the “contrast
could not be clearer” between democracy as seen in South Africa and Senegal,
two of three African countries Mr. Obama is visiting during his first trip
to the continent since 2009, and Zimbabwe, “where you have deeply
undemocratic practices that have been pursued in the past, very questionable
elections, crackdowns on independent media and civil society.”

Mr. Rhodes said the US position on Zimbabwe “is going to be that that [the
upcoming harmonized] election has to be free, fair, and credible, and there
has to be a means of establishing that that is the case.”

However, he said, “democracy goes beyond elections, so we would like to see
space for independent media, for civil society, and for those elements of
democracy to exist within Zimbabwe.”

While Rhodes did not mention any specific actions or policies the President
might propose regarding Zimbabwe, US Ambassador to Zimbabwe Bruce Wharton
told VOA that America is still pursuing what former Secretary of State
Hillary Clinton described as a policy of "action for action" in dealing with
Zimbabwe, meaning that an “acceptable election” in Zimbabwe is likely to
prompt positive changes to the US’ policy of “targeted sanctions” against
some Zimbabwean officials and parastatals.

On Saturday President Obama will hold a town hall meeting with university
students in Soweto, an area of Johannesburg, South Africa.  The VOA will
broadcast and digitally stream the event live.  Mr. Obama is expected to
mention Zimbabwe in remarks he will make at the town hall, according to a
State Department official.

Obama’s Visit to Senegal

Senegal was the first stop for Obama and his family on their weeklong trip
to Africa that includes South Africa and Tanzania.

Thousands turned out to welcome America's first African-American president,
on his first return to sub-Saharan Africa since 2009.

At the presidential palace in Dakar, Obama and First Lady Michelle were
welcomed by Senegalese President Macky Sall and his wife Mareme.

Bilateral talks covered a range of issues, from U.S. support for Senegal's
democracy and infrastructure to joint security.

Sapes Trust Policy Dialogue Forum

Legal breakthrough for Zimbabwe farmers

MEDIA RELEASE                                                                                                                                                                                                                                 FOR IMMEDIATE RELEASE

AfriForum / SADC Tribunal Rights Watch

27 June 2013

Legal breakthrough for Zimbabwe farmers

Two important developments have now taken place in the legal campaign to ensure that Zimbabwe is unable to escape its international-law obligations arising from its land seizure programme. 

Today the Constitutional Court dismissed Zimbabwe’s appeal against South African court orders authorising the attachment of Zimbabwean Government property in execution of awards by the SADC Tribunal.  Chief Justice Mogoeng held: “Lawful judgments are not to be evaded with impunity by any State or person in the global village.”

The Constitutional Court held that South Africa, like Zimbabwe itself, was bound to give effect to awards of the Tribunal.  It noted that Zimbabwean farmers had lost their land without compensation pursuant to an “agrarian reform programme”.  It held that the Tribunal’s jurisdiction was founded on the rule of law, and that the aggrieved farmers had properly had recourse to the Tribunal’s protection.

The second development is that South Africa, as a SADC member State, has formally conveyed to the African Commission in The Gambia that it will not be advancing argument on the merits of the case brought by the Zimbabwean farmers before the Commission.  The farmers had lodged a challenge to the decision by SADC members to suspend the Tribunal’s operation following its series of awards against Zimbabwe.

               The application asked for an order that would ensure the SADC Tribunal would continue to function, as established by Article 16 of the SADC Treaty.

               The application was filed on behalf of Luke Tembani, a dispossessed Zimbabwean commercial farmer, and Ben Freeth, son-in-law of the late Mike Campbell of Mount Carmel farm in Zimbabwe, against the 14 SADC governments.

               The applicants submitted that closing the SADC Tribunal to individual access deprived 250 million inhabitants of SADC countries of access to the only international-law court in the region when justice systems have failed them in their own countries. The effect of the closure is to prevent the Tribunal from hearing cases where governments had committed human rights violations and domestic law has offered no relief.

               In a letter sent by the South African Embassy in Addis Ababa, Ethiopia, on June 20 to the African Commission, the embassy said that the South African government would not be making any Submission on the Merits of the Communication.  The embassy also confirmed that the South African government would “abide by the decision of the Commission on the Communication.”

               The African Commission will deliberate on the issue.  The case may proceed further to the African Court.

               “If the European Court was dissolved following an executive decision by the Heads of State of Europe without any democratic process, the world would be outraged,” commented Freeth.

               “Why is it that when an international regional court in Africa gets dissolved, and 250 million African citizens become subject to the whims of various autocratic governments without recourse to justice when domestic justice systems fail them, the world is so deafeningly silent?” he asked.

              “I am an old man, a committed Christian who contributed to food security in Zimbabwe and who built a church and school on my farm for the benefit of the community,” Tembani said.  “I am devastated by the injustice committed against me and my family in Zimbabwe which has left us destitute.”

               “I am calling for Africans and the world to raise their voices so that younger Africans in the future may be protected from the injustices that continue to take place without recourse.  It’s time that those who care about the poverty and hunger in Africa speak out for justice and the rule of law so that Africa’s potential can be unlocked and its people can thrive,” Tembani concluded.

ENDS

For more information call:

Willie Spies

Legal representative: AfriForum

Cell:  083-676-0639

E-mail:  willie@hurterspies.co.za

Ben Freeth

Spokesman for SADC Tribunal Rights Watch

Cell:  +263 773 929 138 - Zimbabwe

E-mail:  freeth@bsatt.com 

BACKGROUND INFORMATION

The Luke Tembani case

Luke Tembani (76), a successful black commercial farmer, took his case to the SADC Tribunal in June 2009 after the farm he bought in 1983 was sold by the Agricultural Bank of Zimbabwe in 2000 without any court hearings.

               In August 2009, the Tribunal ruled that the repossession and sale of Tembani’s farm to recoup an outstanding loan during a period of soaring interest rates - to which the bank was unable to put an exact figure - was illegal and void.

               The court noted that Tembani’s proposal to sell of a viable section of the farm to cover the debt had been turned down by the bank.  The judges ruled that he should remain on his farm where he had built a church and a school which provided free education to 321 pupils.

               In defiance of the Tribunal ruling, Tembani and his family were evicted two months later and Tembani’s two primary school-going children were forced out of school.  Following the collapse of the Zimbabwe dollar, all of Tembani’s savings were eroded and he now struggles to feed his family and educate his children.

The Campbell case

In October 2007, after exhausting all legal remedies under domestic jurisdiction, the late Mike Campbell filed a case with the Tribunal contesting the acquisition of his farm which had been transferred legally in 1999 with a certificate of no interest* from the Zimbabwean government.

               In March 2008, 77 additional Zimbabwean commercial farmers were granted leave to intervene. Interim relief similar to that given to Campbell on December 13, 2007 was granted to 74 of the farmers since three were no longer residing on their farms.

               Eight months later, on November 28, 2008, the Tribunal ruled that the land reform programme was racist and unlawful and that the Zimbabwe government had violated the SADC treaty by attempting to seize the 77 white-owned commercial farms.  In response, Lands and Land Reform Minister, Didymus Mutasa said the government would not recognise the ruling. 

               *Certificate of No Interest:  Under the Zimbabwean law, farmers who wished to sell their farms had to first offer them to the government at a market price. When the government declined to purchase such farms, it issued the farmers with the “certificate of no interest” and the farmers could proceed to sell their farms on the open market. The government purchased some 3.8 million hectares of farmland in that way between 1980, the year of Zimbabwe’s formal independence from Great Britain, and the commencement of the fast track land reform programme.

http://en.wikipedia.org/wiki/Mike_Campbell_(Pvt)_Ltd_and_Others_v_Republic_of_Zimbabwe

Further background:  The Gondo Case [victims of organised violence and torture in Zimbabwe]

The SADC Tribunal awarded damages of nearly US$17 million to nine Zimbabwean torture victims, in a landmark ruling that exposed Harare's continued and flagrant disregard of the rule of law.

               The judgement handed down on 9 December 2010 followed a case in which the victims of organised violence and torture (OVT), assisted by the Zimbabwe Human Rights NGO Forum, sued the Zimbabwean government for failing to comply with the orders of the country’s High Court.

               Previously, Barry Gondo and eight other victims had successfully claimed compensation in the High Court of Zimbabwe but the government of Zimbabwe had refused or neglected to pay compensation.

Statement by the SADC Lawyers Association following the decision of the SADC Extraordinary Summit to extend the suspension of the SADC Tribunal - 20 July 2011

http://www.polity.org.za/article/statement-by-the-sadc-lawyers-association-following-the-decision-of-the-sadc-extraordinary-summit-to-extend-the-suspension-of-the-sadc-tribunal-20072011-2011-07-20

Implications of the decision to review the role, functions and terms of reference of the SADC Tribunal 4 November 2010

http://www.ditshwanelo.org.bw/SADCOPINIONfinal4%20Nov%202010.pdf

Mystery Zim car-crash deaths haunt Zanu-PF

http://mg.co.za/

27 JUN 2013 00:00 WONGAI ZHANGAZHA

Questions are being raised over whether the deaths of a number of Zimbabwe
politicians in car crashes were all accidental.

The death of outspoken Zanu-PF MP Edward Chindori-Chininga has reignited
debate over the mysterious deaths of Zimbabwean politicians that have
haunted the ruling Zanu-PF party since its days in exile.

Chindori-Chininga, who died in a car crash last week, was declared a
liberation war hero by his party. But many Zimbabweans believe he is the
latest victim of internal purges that have claimed the lives of generals,
Cabinet ministers and other senior politicians in pre- and post-independence
Zimbabwe.

Chindori-Chininga was the vocal chairperson of a parliamentary committee
that had just released a highly critical report on Zimbabwe's diamond
industry. News reports pointed out that his car, which veered off the road
into a tree, had left no skid marks.

The mystery deaths have generally occurred at times when Zanu-PF has been
torn by factional conflict.

Chindori-Chininga's death evokes memories of the baffling deaths of other
liberation war icons, including Zanu chairperson Herbert Chitepo, Zanla
commander Josiah Tongogara, Zipra commander Alfred Nikita Mangena, Zapu
second vice-president Jason Ziyaphapha Moyo, Zanu-PF rising star Zororo Duri
and Brigadier General Paul Gunda.

Since independence, rumour and speculation have swirled around the
"accidental" deaths of former defence minister Moven Mahachi, former
industry and commerce minister Chris Ushewokunze, army captain Edwin Nleya,
former Zanu-PF political commissars Border Gezi and Elliot Manyika and
retired army general and Zanu-PF heavyweight Solomon Majuru.

Controversial
Among the most controversial deaths are those of:

Hebert Chitepo, who was killed in March 1975 by a car bomb in Lusaka.
Several investigations have been hampered by lack of evidence, and theories
about the motive and perpetrator abound. Former Zambian president Kenneth
Kaunda instituted an inquiry which made damning findings about infighting in
Zanu-PF in exile. The inquiry also fingered Josiah Tongogara, the commander
of Zanu's guerrilla army.

Tongogara himself was killed in a car crash in Mozambique in 1979 while on
his way to Zimbabwe, six days after the Lancaster House agreement was
concluded. His vehicle rammed an army truck parked on the side of the road.
The charismatic Zanla commander had clashed with Mugabe over the need for a
government of national unity with Joshua Nkomo and speculation was also
highlighted by his “ambition, popularity and decisive style".
This year it was reported that his wife, Angeline Tongogara, had demanded to
be driven to the scene of her husband's fatal accident, saying she felt
bitter about the way Mugabe and Zanu-PF had handled the death. The party
released a statement by an undertaker that Tongagara's injuries were
consistent with a car accident, but no autopsy results have ever been
released.

Chris Ushewokunze, a former ministry of industry and commerce, died at the
age of 49 after a mysterious car accident at Suri Suri, about 110km from
Bulawayo, on the road to Harare, in 1994. He had differed with Mugabe on
economic policy.

Zororo Duri was rising rapidly through Zanu-PF ranks as one of the young
technocrats seen as poised to take over the party in the mid-1990s. Party
bosses had told him not to contest the chair of Manicaland province against
Kumbirai Kangai, but he went ahead and won. Appointed ambassador to Cuba, he
was killed in a car accident on the Mutare-Harare road in 1996.

Moven Mahachi was minister of defence at the time of his death in a car
accident in 2001 on the Mutare-Nyanga road after attending a Zanu-PF
Manicaland meeting as national political commissar. In 2009 Enos Nkala, one
of Zanu's founders, claimed that Mahachi was eliminated because of his
robust opposition to Zanu-PF's looting of diamonds in the Democratic
Republic of Congo.

Paul Armstrong Gunda, a brigadier general and hero of the liberation war,
died after his car allegedly collided with a train on the Harare-Marondera
road in 2007.
Before his death, regarded as suspicious by many Zimbabweans, there were
persistent allegations that the 1 Brigade commander was among the military
officers involved in a failed plot to topple Mugabe.

Tatenda Gunda, his widow, published advertisements insinuating that he had
died in suspicious circumstances. In an interview this week she said the
damage to the car was not serious enough to have been caused by a train and
Gunda had had a mysterious back injury.

No foul play
A board of inquiry set up under the defence force's disciplinary regulations
found no foul play.

Eliot Manyika, former youth minister, died in a road accident on the
Zvishavane-Mbalabala road in 2008. In his capacity as national commissar he
was travelling from Mutare to Gwanda on a Zanu-PF restructuring mission that
could have upset the leadership ambitions of some top party officials.

Manyika's family asked police to investigate, claiming that his injuries
were inconsistent with a road accident. A close relative also claimed that
he had received anonymous death threats. A tyre from his official
Mercedes-Benz was sent to South Africa for forensic analysis, but the
inquest found his death was consistent with a traffic accident.

Border Gezi was killed when his car careered out of control after it had a
blow-out on the Harare-Masvingo road. Gezi was travelling to Masvingo to
address party supporters and reshuffle the political leadership in the
province. Some theorists hold that he had decided to speak out against the
seizure of white-owned farms. It is also believed that the Zanu-PF old guard
was unhappy with his meteoric rise through the party's ranks.

Solomon Mujuru  died, allegedly in a fire, at his farm in Beatrice in 2011.
Many politically neutral Zimbabweans, and even some Zanu-PF supporters,
believe Mujuru was murdered, and the speculation became so intense that his
widow, Vice-President Joice Mujuru, had to appeal for calm. His family's
request to have his remains exhumed and re-examined in a second postmortem
by a South African pathologist were turned down. In his report,  the
director of Zimbabwe's forensic science laboratory, Birthwell Mutandiro,
said there were indications that Mujuru had died before the fire spread to
the room in which his remains were found.

Jury still out on Zim's land reform

http://mg.co.za/

28 JUN 2013 00:00 TELDAH MAWARIRE

Critics argue the restitution policy has done little to improve food
security or the agribusiness sector in the country.

More than a decade after Zimbabwe's controversial and chaotic land reform
exercise, the subject remains emotive. Whether the programme has been a
success depends on whom you talk to. Those who favour it say it is Africa's
largest resettlement programme. It has seen more than 245 000 black families
replace 6 000 white commercial farmers. But if it has been so successful,
critics ask, why does the country continue to import maize, its staple crop,
from once poorer counterparts in the region?

These critics refer to a deal to purchase 150 000 tonnes of maize that was
sealed with Zambia's vice-president Guy Scott's visit to Harare in May. The
government says that the need arose because of poor rains last season, not
the failure of resettled farmers. Land reform has not been free of the
politics of the day. Zanu-PF says there was no other way to carry it out. It
had to happen.

Land resettlement in whatever form was inevitable, says Lands Minister
Herbert Murerwa. And there is no reversing it, he added. The Movement for
Democratic Change also says it had to happen, but it could have been handled
better; in a way that could be less disturbing to the economy. The
opposition party, which was initially against reform, is changing tack –
perhaps a realisation that any attempt to reverse it could result in a
backlash at the ballot.

At its May policy conference, it said that it supported reform but insisted
on an audit of the land. Murerwa says his government is willing to carry out
that audit but lacks the funds for it. One of the MDC's complaints is that
there are too many people who own multiple farms, most of them
well-connected to Zanu-PF. The MDC also says vast tracts of land belong to
President Robert Mugabe’s cronies, some who expropriated land from newly
resettled farmers. University of Sussex professor Ian Scoones, who has
conducted research on Zimbabwe’s land reform, says much of the MDC’s policy
is excellent, with a solid set of principles at its core, but there is also
confusion in its current policy thinking about the role of private tenure,
the type of compensation to be offered to former commercial farmers and the
role of state support.

"The policy has not got to grips with the implications of the new agrarian
structure, and so has not captured the potentials of the land reform, but
mostly focuses on redressing the shortcomings of the fast-track policy." The
MDC says if it comes to power it will stop the provision of farming inputs
to farmers but provide title deeds for the new land owners. Currently, land
owners are issued with "offer letters" from the lands ministry; a document
that they often find useless when they try to apply for loans from banks.
This is also the gripe of the once-white dominated Commercial Farmers' Union
(CFU). The body, once seen as being vehemently against reform, recently
flighted advertisements that show otherwise. Using images of black and white
farmers, one advert reads: "We can both be winners. Let's fight for each
other, not against each other."

Another says: "Just like agriculture every year brings a new season for
growth, we the CFU are ready, willing and very able to plant together the
seeds that will grow Zimbabwe … We are ready to say goodbye to our past and
hello to building a strong and viable future."

The CFU's president Charles Taffs says his union has not changed. "The CFU
is not racial." It has always represented black and white commercial farmers
and still represents about "10% of those who were actively farming prior to
2000", he says.

Opinions on research
Taffs takes strong exception with Scoones's Masvingo research, as well as
with Joseph Hanlon, Jeanette Manjengwa and Teresa Smart – the authors of a
recently published book, Zimbabwe Takes Back its Land, accusing them of
"spreading propaganda through generalised statistics found in one small
area" for the whole country. "These [research findings] are academic and are
doing the country and region a disfavour as aid is being moved away from
people who need it based on this research."

But Scoones says his research is detailed, rigorous and can assist the
country. "If this is ‘academic’ then so be it. I am trained as a researcher,
and aim to dig into the complexities of the situation. I do not see how
knowing this sort of detailed, empirical research can damage any regional
efforts. Far from it, our work shows a way forward that regional bodies,
donors and other investors can support."

Agriculture has collapsed and suggesting otherwise in research or any other
form is misleading, says Taffs. He says the reform has not been successful
because the country has gone back 100 years in the farming methods it is
using. It has returned to hoe-farming because there are no loans available
to fund mechanised methods. Taffs says that while the country may be seeing
increases in production, the benefits to farmers are meagre. The sector
needs to return to the basics of agribusiness, he says.

He spoke strongly against contract farming – where farmers get inputs from
businesses, mostly Chinese, and have to sell the crop to the same businesses
at their prices. "It's unsustainable and a poor business model. Because of
it, farmers get stuck in single crops and Chinese funders export all the
produce and do not produce for local markets," he says.

Taffs says it isn't true that new farmers were let down by a bad rainy
season, because the past 10 years of rainfall were better than the previous
10, yet output is dwindling. This, he says, is because the agricultural
system before land reform was built on an irrigation system that does not
exist anymore, so there is reliance on rainfall alone.

On compensation of farm land expropriated by the state, Taffs says: "What
all these academics forget is that we are white but are Zimbabwean too. We
also bought these farms with no government funding. Where is the respect for
property rights? Or us as citizens?" Farming can recover if the land is
secured by giving farmers the titles to land, Taffs says. "Under the 'offer
letters' land can be taken away from you with a 30-day notice. Where is the
security in that? We must get back to the basics. Respect property rights;
offer titles for new farms and encourage sustainable agribusiness
practices."

Success on the ground
The little research that is available on the new farmers and what they are
producing is an area that is also contested. Zimbabwe Takes Back Its Land
paints a picture of new farmers who it says "are doing well". The book is
widely quoted by government officials, especially the section that says it
takes a decade for new farmers to master their trade and that it also takes
a decade to see the success of land reform anywhere in the world so Zimbabwe
is no exception.

Figures on tobacco coming out of Zimbabwe also lend credence to that view
that there is success on the ground. According to the Tobacco Industry and
Marketing Board, production is improving. In its 2012 annual report it says
volume and value of sales were both up on 2011 figures; 2012 realised an
output of 144.5-million kilograms of flue-­cured tobacco valued at
$527.6-million. The 2011 season had realised 132.4-million kilograms worth
$361.4-million. The profile of the farmer now seen on the auction floors has
changed.

Gone are the few farmers who dominated the sector. They have been replaced
by smaller players who also look down on growing maize and cotton due to low
market prices. Taffs says the figures in tobacco cannot tell the whole
picture alone. He says that 12 years ago, Zimbabwe produced 237-million
kilograms of tobacco and its biggest competitor was Brazil at 350-million.
Now, he says, Brazil is at 550-million kilograms and Zimbabwe lags at
150-million. "If Zimbabwe had continued at the same trajectory," he says,
"we would be at 450-million. So it’s not a success story."

Taffs also says the methods being used by the new farmers to cure tobacco
are methods from 60 years ago. Most farmers, he says, cure tobacco by
burning indigenous timber whereas former commercial farmers used coal and
"other modern methods" so the increase in tobacco must also factor in the
cost of burning down forests. Scoones disagrees with criticism that Zimbabwe
has divided its farms into smaller pieces that have resulted in subsistence
farming at best, which cannot contribute meaningfully to economic growth.
"Our studies have shown that a significant proportion of the A1 farmers
[small farmers] are regularly producing and marketing surpluses and
investing in farming. Such small-scale farm production is an effective route
to long-term, broad-based growth."

Infrastructure, better financing needed
Asked why, if Zimbabwe is doing well as is suggested by his 2010 research,
there is a need to import food, Scoones says that the last season saw a
combination of drought and a decline in maize planting across the country as
a whole and this has required food imports, which are not a new phenomenon.
"However other crops are being grown and exported, generating cash,
including cotton and tobacco." Scoones’s 2010 Masvingo research is one of
the most comprehensive on new farmers covering 400 households in that
region. The research found a clear pattern of "accumulation from below",
where new farmers use their own investments – profits from previous
seasons – to invest in their activities.

On his blog, Scoones says his research dispelled a number of myths about
Zimbabwe's land reform especially that it has been a total failure, has
largely benefited political cronies and has created chronic food insecurity.
So there are no problems on the ground? Scoones says there needs to be more
infrastructure built to support new farmers and better financing can be made
available with the backing of government. The authors of Zimbabwe Takes Back
Its Land agree; they say new farmers are poorly resourced, often relying on
traditional labour-intensive methods.

Poor financing also means new farmers stretch small quantities of fertiliser
over vast tracts of land, leading to poor yields. Government seed and
fertiliser are often allocated along political party lines. Can Zimbabwe
return to its "breadbasket" status? "All past studies of resettlement show a
transitional period as new production and marketing systems become
established," says Scoones. "This is happening in Zimbabwe, particularly
after the stabilisation of the economy from 2009."

Tobacco is lighting up farmers' lives

​The first thing I want my old school friend, Farai Mangwiro, to show us at
his farm is that shiny new Honda quad bike, but he has other news. "Look at
this," he waves a newspaper, pointing to an article. "And you still doubt
me?"

I have always quizzed him about why he gave up a comfortable job in finance
to take up farming. Now he is raving about an article in the paper showing
that tobacco farmers have reaped over $500-million in sales this year. It is
a story many in his business are eager to tell: How the new black farmers
who took over farms with no capital and, in many cases, no skills, are now
reaping the benefits after years of struggling on formerly white-owned
farms.

So far, over 153-million kilograms has been sold, raising more than
$565-million in revenue for the tens of thousands of tobacco growers.
Mangwiro's cut of that is still small. This year will only be his second as
a tobacco grower and he is hoping to "open new income streams" to add to the
barley crop he grows on contract for Delta, the country's largest brewer.
"It was blind territory for me," he explains. "I knew nothing about the
crop, save for the fact that it grows well around here. But I knew nothing
about farming as a whole either, and yet here I am."

Mangwiro says this year he sold 40-bales of tobacco – about $25 000 worth.
In 2000, the year the "fast track" land reform began, about 250-­million
kilograms of tobacco was produced. Eight years later, the industry had
collapsed, producingless than 50-million kilograms. That record crop was
produced by fewer than 3 000 mostly white commercial farmers.

Many of the early black tobacco growers had to operate on a trial-and-error
basis, with no bank loans, little government support and scant training from
the state-owned farm support agency. But tobacco companies and merchants are
increasing training and support for the farmers, and local research bodies
are recruiting more farmers for training. At the local Kutsaga training
centre, farmers receive training three days a week. In the early years, as
the new farmers learnt the ropes, the quality of the crop deteriorated and
prices suffered. But Andrew Matibiri of the Tobacco Industry Marketing Board
says quality has improved in the past few seasons, and prices offered to
farmers are rising. Prices that averaged below $2 for a kilogram before 2006
now average $3.71 per kilogram, he said.

"Our records show that the quality of our tobacco has improved tremendously
over the last 10 years or so. This can be attributed to the diligent
research into production being done at the Tobacco Research Board and the
adoption of new techniques by the farmers themselves, with assistance from
extension departments and tobacco contracting companies." Banks still refuse
to lend to new farmers because many do not have a real title to put up as
security. "This means we are not growing as fast as we should," he said.
"You need a bit of financial expertise to go with the [skills], because we
are all on our own, really."

Despite all the rhetoric, there is very little direct government support for
farmers. This has left many at the mercy of merchants, mostly large Chinese
buyers. "An overview of most contracted farmers in the tobacco growing areas
will show that most are in arrears and can hardly break even," says Temba
Mliswa, a black empowerment activist who is a tobacco farmer. "The [Chinese]
firms have put substantial markups on inputs supplied, an administration fee
and an extra top-up charge on fertilisers." But while the business is tough,
more farmers are going in for tobacco, leaving behind other crops such as
maize, which sells for less. Mangwiro says he has no regrets about leaving
his former job. His farm sits on more than 150 hectares, much of it under
barley, grain and tobacco. “"I am going to run out of space soon, the way
things are going." – Jason Moyo

Rise of black tobacco barons in Zimbabwe

http://mg.co.za/

28 JUN 2013 00:00 RAY NDLOVU

High prices are reviving the crop from its slump, but the demographics are
altogether different.

A strong stench of tobacco fills the air at the Boka Tobacco Auction floors
on the outskirts of Harare, but it does not appear to bother the new farmers
eager to sell their crop. Loud chatter takes place among the groups of women
seated on the cold floor, while the men stand and talk among themselves,
keeping a watchful eye on their prize produce as they wait for the start of
business.

A cafeteria, located at one end of the auction floor, provides hot meals for
the farmers, with a sizeable queue of the hungry gathering to buy sadza and
meat. The profile of the tobacco farmer has certainly changed. Gone are the
predominantly white, mostly male commercial farmers. After the ­chaotic
land-reform exercise in 2000, resettled small-scale farmers both male and
female – some coming to the floor with their toddlers – have now waded into
the tobacco business.

Upstairs are the snug and carpeted offices of the auction floor. An imposing
portrait of the late founder of the auction floor, Roger Boka, towers over
the large mahogany table at the centre of the boardroom. With several other
photos of the tobacco baron and his family looking on in the room, one
cannot shake off the feeling that the late Boka is keeping a watchful eye
over his empire.

On an iPad, sales people present the figures for the day to Rudo Boka, the
chief executive of Boka Tobacco Auction floor and the daughter of the late
Roger. Boka says the updates give real-time information on the best selling
farmer each day, the amounts in cheques paid out, those farmers who have
cashed their cheques at the bank, and the amount of tobacco sold. She points
out one of the highest selling tobacco farmers the previous day, with a crop
worth $10 000 sold. "His crop was very good. It is likely he has some more
at home and he will bring it to the auction floor."

At their peak, white commercial farmers produced 236-million kilograms of
tobacco in 2000, but by 2008, production had slumped to only 48-million
kilograms. Now, 90 000 newly resettled black farmers grow tobacco on between
one and two hectares of land each. Last year, Zimbabwe’s tobacco exports
raked in $771-million from the 144.5-million kilograms of tobacco sold at an
average of $5.94 a kg. Andrew Matibiri, the chief executive of the Tobacco
Industry and Marketing Board, indicated that of the 90 000 newly resettled
farmers that had registered to grow and sell tobacco this season, more than
20 000 black farmers were first-time growers.

Alarm bells for maize, cotton sectors
A combination of high international prices for tobacco and demand for the
Zimbabwe-grown crop from foreigners such as South Africa – the highest buyer
of tobacco – China and the United Arab Emirates has been the central plank
for the rise of the black tobacco farmer. The price offered for other
agriculture produce such as maize and cotton remains subdued, with
agricultural experts sounding alarm bells that those sectors of agriculture
are under threat as scores of farmers of cotton, once a prized crop, are
turning to tobacco.

The cotton price is $0.35 a kilogram, while maize farmers continue to haggle
with the Grain Marketing Board, the sole buyer of maize, over the payment of
a sustainable price and the debt owed from last season’s crop. According to
the tobacco board, 151-million kilograms of tobacco have been sold so far
and the projected target for this year is 17- million kilograms from 77 910
hectares of land put under tillage. That increase would mark a 38%
improvement from the 56 377 hectares under tobacco tillage last season. "We
are still confident that we will get to the 170-million kilogram target,"
said Matibiri.

Professor Sam Moyo, the director of the African Institute for Agrarian
Studies, said the quality of the tobacco crop had been steadily improving.
"In the first five years, the quality was low, but in the past three years,
there are now new growers and a lot more gains are possible in the future,"
Moyo said.

Finance Minister Tendai Biti has come under fire from Zanu-PF for not
channelling more funds to support tobacco production. With no collateral,
the banks have been sceptical about financing new black farmers, leaving
many unable to increase their productivity.

Re-empower SADC Tribunal

http://mg.co.za/

Editorial:
28 JUN 2013 07:56 EDITORIAL

SA's highest court, without staking out any position on Zimbabwe's land
process, has shown the SADC a most unflattering image in the mirror.

A fortnight ago, the Constitutional Court reinstated Mpondombini Justice
Sigcau as Mpondo king. Sadly he did not live to hear the decision. This
week, the court issued a ringing affirmation of the South African
Development Community (SADC) Tribunal as an instrument for the protection of
human rights almost a year after it was stripped of any power to fulfil that
role. Justice can come wrapped in cruel irony.

Zimbabwean farmers, stripped of their land and denied both compensation and
access to courts, had approached the tribunal for redress. It ruled in their
favour, referring the case to the SADC summit for an appropriate remedy, and
awarding costs against the Zimbabwean government. When the government
refused to comply, some of its property in South Africa was attached in
execution of the debt. The question before the court was whether the
decisions of the tribunal were binding in South Africa.

The answer was a resounding yes. More than that, it was a statement of the
larger significance of the tribunal that stands as a rebuke to the decision
by regional leaders to drastically limit its powers.

Writing with the support of eight of his colleagues, Chief Justice Mogoeng
Mogoeng frames the decision of the court in terms that stress the centrality
of SADC to a broader project of African renewal.

He says: “For the right or wrong reasons, Africa has come to be known … as
the dark continent, a continent which has little regard for human rights.
Apparently driven by a strong desire to contribute positively to the
renaissance of Africa, shed its southern region of this
development-inhibiting negative image, co-ordinate and give impetus to
regional development, Southern African states established the SADC with
special emphasis on the need to respect, protect and promote human rights,
democracy and the rule of law.”

Mogoeng goes on to situate the tribunal as the keystone of justiciability
for that project, saying it was set up to “ensure that no SADC member state
is able to undermine the regional development agenda by betraying these
noble objectives with impunity”. Critically, “it was created to entertain
human rights related complaints particularly by citizens against their
states”.

Zimbabwe not only ignored the ruling, it also sought, and won, the effective
neutralisation of the tribunal in precisely those cases between citizens and
their states that Mogoeng identifies as central to its mission.

In 2010, SADC agreed, at Zimbabwe’s behest, to suspend the work of the
tribunal, and in August 2012 gutted it as a human rights instrument,
limiting it to a vehicle for dealing with disputes between members states
around the interpretation of the SADC protocol. It was a disgraceful
capitulation.

Now South Africa’s highest court, without staking out any position on
Zimbabwe’s land process, has shown them a most unflattering image in the
mirror. The judgment should be a spur by South Africa’s authorities, and for
those of our neighbours, to return this crucial institution to its proper
role.

Zimbabwe At A Tipping Point

http://editorials.voa.gov/

The country’s leaders have set too short a timeline to carry out critical
reforms before the much-anticipated balloting.

06/28/2013

Leaders of the Southern African Development Community, or SADC, met recently
to discuss the upcoming elections in Zimbabwe. At the end of the
discussions, there was consensus that the country’s leaders have set too
short a timeline to carry out critical reforms before the much-anticipated
balloting, the first presidential race since a controversial 2008 vote
marred by incidents of political violence.

Delaying the July 31 date set by President Mugabe could allow the time
needed to give the elections a better chance of being credible, free and
fair, the SADC leaders said. A rush to the polls in Zimbabwe would leave
little time to overhaul restrictive media and security sector laws.

Accordingly, the SADC nations, which took action to mediate the political
crisis that followed the 2008 voting and helped broker the country’s current
unity government, requested that President Mugabe ask the courts to extend
the July 31 deadline.

Prime Minister Morgan Tsvangirai says Mugabe’s actions violate the
constitution and create a new political crisis at a time the nation should
be drawing together. Meanwhile, reports indicate that elements within
Zimbabwean political parties and government security agencies have begun
intimidating voters with threats, detentions and harassment of groups and
individuals working on human rights, electoral assistance and related
issues.

The government of Zimbabwe now faces a tipping point. It must decide whether
it will support a credible electoral process or go back to the violence,
divisions and instability of 2008 that isolated the country.  The United
States is concerned that holding elections without providing adequate time
for voter registration, inspection of voters rolls and other needed
electoral and democratic reforms will put the credibility of the outcome at
risk.

The Zimbabwean people deserve the full enactment of the reforms called for
in the Global Political Agreement, the SADC election roadmap and the new
constitution before the voting is held. An environment free of political
intimidation and violence and the inclusion of a broad range of independent
observers are essential for the balloting to be credible in the eyes of the
international community and –- most importantly -- the Zimbabwean people.

Something to write home about

Dr Clifford Chitupa Mashiri, 28th June 2013.
The landmark ruling this week by the Constitutional Court restoring dual
citizenship following an application by Mutumwa Mawere represents one of the
several issues to write home about.
The court ruled that dual citizenship is permissible under the New
Constitution. Mawere told SW Radio Africa on Wednesday 26 June 2013: “The
court declared me a Zimbabwean citizen notwithstanding that I am also a
South African citizen.”
That the landmark ruling will have far reaching implications in Zimbabwe’s
transformation would be an understatement. While for some people it will
take time to sink, Zimbabweans in the Diaspora lift their glasses ‘bottoms
up’ in celebration of a major blow against the Mugabe dictatorship.
Some people who find it difficult to understand why Mugabe earned the titles
‘dictator’ or ‘ tyrant’, will be reminded by the restoration of dual
citizenship about the pain and suffering that the former liberator and
freedom fighter inflicted on families by depriving them of their birthright
for political expediency.
The other excellent news to write home about is the restoration of
citizenship for the so-called stateless Zimbabweans who were made ‘aliens’
by the ‘Mugabe’ Citizenship Act of 2001. That is another positive aspect of
the new constitution passed in April 2013. But that was not before one
Zimbabwean, Agnes Galawu Nemakonde died stateless under mysterious
circumstances in a Kenyan jail in December 2012 (see Newsday, ‘Zimbabwean
dies in Kenyan jail,’ 20/12/12).
Despite criticisms of the New Constitution, there are some parts of it that
are sweet like a fruit as long as you know where to bite.
Yet more good news to write home about is the grand opposition coalition of
Zimbabwe which is causing Zanu-pf propagandists endless nightmares, enough
to provoke hostile comments by Mugabe’s spokesman, George Charamba writing
in the Herald as Nathaniel Manheru.
There are no illusions about election coalitions because they are fraught
with power struggles let alone damaging propaganda. Those in the MDC-T , MDC
Ncube and Zapu who are reportedly expressing reservations about the grand
coalition may be unaware of the immense opportunities and challenges of
making sacrifices in the short term to end Zimbabwe’s crisis.
Inevitably, there will be horse trading in any coalition. It would be a
reversal of one form of patronage with another, but it would be
self-deceptive to suggest that governments the world over would operate
without those whom they trust.
If Mugabe were to be swept from power in the next elections without the
option of another GNU, the grand coalition’s partners could be appointed as
ambassadors abroad to Zimbabwe’s over two dozen embassies abroad as long as
it would be on merit, not tribalism, racism or gender.
Some could also be appointed as permanent secretaries to replace the likes
of George Charamba or as heads of departments and commissions including
defence, internal security, state security, the media and so on.
Only through a grand opposition coalition to fight elections against Mugabe’s
Zanu-pf  can there be hope of media reforms to replace director generals of
parastatals including ZBC, ZewZiana, the Herald and others that have been
dominated by Zanu-pf since independence.
As a result, Zanu-pf ‘s propagandists are lambasting Simba Makoni for
showing practical support for the grand opposition coalition by withdrawing
his presidential candidature to garner more support for the new movement.
Proof that the grand coalition is causing the former ruling party to tremble
is the Herald’s latest attack. For example see www.herald.co.zw, ‘Grand
coalition suffers stillbirth’, 28/06/13.
The other good news to write home about was the dismissal by the South
African ConCourt of an appeal by the Mugabe against a ruling by the
Bloemfontein Supreme Court of Appeal in favour of the late Mike Campbell and
77 other Zimbabwean farmers.
Mugabe’s foot soldiers will understandably be disappointed that the long arm
of the law is finally catching up with tyranny.
The Sudanese Ambassador Eisddleg Andulazzi Abdalla has no right from any
planet on earth whatsoever to determine who observes Zimbabwean elections
(See Herald, “Don’t allow West observe our polls: Envoy’’, 28/06/13). Could
the Sudanese diplomat be now a Zanu-pf political commissar?
Mr Abdalla and the ‘Zanu-pf Herald’ seem unaware that a US diplomatic cable
published by the whistle-blowing website WikiLeaks revealed on 18 December
2010 that the chief prosecutor at the International Criminal Court (ICC),
Louis Moreno-Ocampo, told US diplomats on 20 March 2009 that president
Al-Bashir of Sudan had siphoned off as much as 9 billion US dollars into
foreign bank accounts.
Meanwhile, the ICC has issued two warrants for the arrest of Al-Bashir on
charges of war crimes, crimes against humanity and genocide allegedly
committed in Sudan’s western region of Darfur, where a seven-year conflict
killed 300,000 people and displaced 2 million people according to UN
figures.
Back to Zimbabwe’s melting pot, indications are that the succession debate
has been revived in the wake of Robert Mugabe’s possibly 15th or 16th visit
to Singapore in 3 years for what is officially an eye check.
With an 89 year old presidential candidate, there are fears of another
“Bhora musango” a euphemism for protest vote by Zanu-pf supporters voting
for the opposition in harmonised elections following chaotic primaries.
Amid fights, demonstrations, accusations and counter accusations even among
spouses and former marital partners, Zanu-pf primaries tend to resemble more
of a circus than democracy for the anachronistic Soviet-styled party.
Pictures on the Herald website of people queuing to vote seem to portray
renewed support for Zanu-pf, however, some say people are thinking and
acting strategically with 2008 violence in mind, knowing that their vote is
secret.
An observable electoral malpractice that is the public is being gradually
made to accept ahead of national elections is the politicisation of ZRP
officers seen carrying Zanu-pf primary elections materials as empirical
evidence on the Herald coverage of primary elections.
Of course, MDC-T still has to resolve outstanding challenges to some of its
primary election results. There seems to be no convincing evidence why Grace
Kwinjeh should not stand as a candidate.
After a long time, we had something to write home about.
Clifford Chitupa Mashiri, Political Analyst, London,
zimanalysis2009@gmail.com

Kunyepa!

http://www.cathybuckle.com/

June 28, 2013, 12:04 pm

   “Kunyepa!  It’s a lie!” That was one of the first useful phrases I
learned in Shona. I was intrigued by the difference between the more direct
and accusatory “You’re lying!” that one would use in English. In Shona that
is very impolite, I was told. Kunyepa!  is the polite response to a false
statement - and surely much more diplomatic. No one’s integrity is being
directly questioned, only the accuracy of the facts. It’s a fine distinction
perhaps but it says a lot about the cultural pitfalls that lie in wait for a
second language learner. One of the major problems is that language is about
so much more than vocabulary, grammar and syntax. There’s a whole cultural
background to be understood if one is to use the language correctly. A
highly educated person such as Professor Jonathan Moyo would understand that
very well but, as we see from the following example, the learned professor
is above all else a spokesperson for Zanu PF and his political allegiance
over-rides all other considerations, even the truth.

    In a Hot Seat interview with Jonathan Moyo, Violet Gondo had asked Moyo
a straight question. She was referring to a scheduled meeting that was due
to be held last Friday between MDC and Zanu PF negotiators to discuss the
way forward after the Summit in Maputo. SADC had been very firm on the
question: there must be reforms before elections can be held in Zimbabwe.
The MDC had claimed that their delegates, drawn from both MDCs, waited for
three hours for the Zanu PF delegation led by Robert Mugabe to arrive for
that meeting. There was, they claim, no phonecall, no message or apology to
explain their non-arrival;  Zanu PF simply  failed to turn up.  So, Violet
Gondo asked the MP for Tsholotsho, “Are you saying they (the MDC) lied?” and
Jonathan Moyo replied, “Yes, I’m saying that they lied and not for the first
time, they have lied many times before.” As the old saying goes, ‘It takes
one to know one’!

     The level of trust between Zanu PF and their coalition partners must be
rock-bottom but then as we saw this week, the results of telling the truth
in Mugabe’s Zimbabwe can be fatal. There have been too many fatal but
‘convenient’ road accidents for any normally intelligent person not to
question the accident that killed Zanu PF’s Edward Chindori-Chininga. He was
the brave man who had dared to tell the truth about what was really
happening in Zimbabwe’s diamond industry. The consequences for anyone who
tells the truth about matters in which Mugabe and Zanu PF have a vested
interest can be fatal but Chindori-Chininga chose to do the right thing. He
told the truth about the corruption in the industry and paid with his life.

    With just a few hours to go before the nomination deadline, Zanu PF is
rushing to complete their selection of candidates. While the opposition
completed their nominations in six weeks with no problems, Zanu PF has had a
torrid time with stories of irregularities and violations as well as a host
of logistical issues. All the selected candidates will have to pass some
very strict nomination rules as announced by ZEC.  Each candidate must sign
two copies of the Code of Conduct and not less than ten registered voters
from the same constituency must sign their nomination papers. Perhaps
honesty really will be the watchword for the next election? If Mugabe is
indeed ‘living in fear’ as Simba Makoni claims, that might explain why he
rushed off to Singapore again for a medical check-up. All this worry and
stress must be very bad for his health…and that’s no lie.

Yours in the (continuing) struggle, Pauline Henson.

Zimbabwe Election Watch : Issue 4

Sokwanele : 27 June 2013 In Zimbabwe Election Watch Issue 3 we discussed The President's controversial decision to set the election date for the next harmonised polls by invoking Presidential Powers, and in so doing by-passing discussion with his partners in the Global Political Agreement (GPA). Constitutional experts have noted that the new constitution does not permit the President to invoke the Presidential Powers Emergency Act in relation to electoral law. The resultant dispute between the parties was taken to a special SADC summit, the outcome of which instructed the principals of the three parties signed up to the GPA to approach the Constitutional Court and request an extension beyond the 31 July date stipulated in the earlier ruling. The already high discord between the parties was further heightened when Patrick Chinamasa, the Zanu PF Minister of Justice, returned to Zimbabwe after the SADC meeting and filed a court application on behalf of the Zanu PF party, without first discussing it with the other GPA partners: Chinamasa stated in his application that there was "no valid reason to change the dates". He said the reason he was making the application was because two individuals, "Morgan Tsvangirai (president of the larger MDC) and Welshman Ncube (president of the smaller MDC) had without just cause lobbied SADC to ask us to change the date… I therefore come to you, I am directed by SADC, but there is no good reason… I attach the SADC communique which obliges us to come to you," Chinamasa said, requesting a delay in elections from July 31 to August 14. (http://bit.ly/1479dIw) The wording of Patrick Chinamasa's application raised serious objections from the excluded parties who claimed it was designed to be rejected by the Court, an attempt to leave the date of 31 July 2013 unchanged. During his presentation to SADC leaders, Morgan Tsvangirai said "we have always insisted that we do not have an honest and genuine partner" (http://bit.ly/11Wi7bI), and the recent unilateralism of Mugabe and especially of Chinamasa after the SADC meeting, seems to underscore that point. In the meanwhile Morgan Tsvangirai has a filed an application seeking the nullification of President Robert Mugabe’s proclamation for elections to be held on July 31 (http://bit.ly/15BRR4u). At the time of writing, the Constitutional Court will hear all cases relating to the election date in one 'super case' on Friday 28 th June. Clause 4.1.2 of the SADC electoral guidelines asks governments to provide a conducive environment for free, fair and peaceful elections. The disagreements between the parties over the polling date, largely due to an incalcitrant Zanu PF, seriously undermines confidence that the forthcoming elections will be free and fair or substantively different from previous elections which have always been stalked by violence and questions over the fairness of the polls. In addition to this, the arguments - located as they are in legal jargon and constitutional niceties - is incredibly difficult for non-experts to fully understand. Yet again, by Zanu PF choosing not to follow the letter of the law clearly and completely Zimbabweans are again witnessing what looks like chaos, with the law playing second-fiddle to political imperatives. Given that it is the law that underpins the Zimbabwean people's democratic rights, t his is incredibly disconcerting. The 31 July date also undermines the constitutionally enshrined rights of voters. As we noted in Issue 3, the new constitution specifies a minimum 30 day period for voter registration and inspection exercise which is a fundamental precursor for nomination courts, and a further 30 days between nomination day and election day. While Zimbabweans await the final decision of the Constitutional Court, now faced with various applications regarding the election date, the current date officially remains 31 July until the court says otherwise, and electoral processes are consequently being shoe-horned into an unfeasibly tight timeframe. State media reported on Sunday 23 June that the Zimbabwe Electoral Commission (ZEC) has established the Nomination Court to approve Presidential, parliamentary and council candidates to sit on Friday 28 June (http://bit.ly/1adj8RT). In the meanwhile, voter registration continues beyond the date the Nomination Court is to sit, due to conclude on 9 July (30 days after it commenced). Senator David Coltart makes the following point: There is at least one measure in the Presidential electoral regulations made in terms of the Presidential Powers Act which was not agreed to by Cabinet - namely the repeal of Section 27A of the existing Electoral Act which states that one can register as a voter up until 24 hours PRIOR to the Nomination day. The reason for this measure is because of the anomaly created by virtue of the fact that voter registration in some Wards only begins AFTER the nomination court has sat on the 28th June in terms of the Presidential decree! Accordingly to get around this problem the decree abolishes that provision effectively prejudicing all those voters who will only be able to register (and therefore stand for election) after the nomination court has already sat! In other words this is a amendment that would not have got past the Parliamentary Legal Committee because it is such a serious breach of the Constitutional ens hrined right of all citizens to register as voters and to stand for election. (http://on.fb.me/1cqeUTI) In line with Senator Coltart's words, this is also a clear violation of SADC guideline clause 2.1.6 which demands that citizens have an equal opportunity to exercise the right to vote and be voted for, and of 4.1.1 of the SADC electoral guidelines which requires signatories to provide constitutional and legal guarantees of the freedoms and rights of citizens. Nothing, it currently seems, is guaranteed by Zimbabwean electoral law. Justice Rita Makarau, the head of ZEC, has confirmed that the Nomination Court will proceed as stated in the press. Her comments perhaps inadvertently underscores the point that the right to be voted for could consequently be compromised. The Nomination Court will sit on Friday starting at 10am and ending at 4pm. It means your papers must have been filed by 4pm Friday. If your papers are not in order by 4pm we will have no option, but to throw your candidature out. (http://bit.ly/19wVkJh) If this is not troubling enough, in the run-up to ZEW Issue 4 Sokwanele recorded other SADC guideline breaches that impact on the rights of voters relating to voter registration in particular. For example, Justice Rita Makarau admitted that the voters' roll is in "shambles" and expressed concern about the potential for chaos on polling day. At the time she acknowledged this, she also expressed concern about how little time there was to rectify the situation, asking Zimbabweans to use the planned 30 days of voter registration to help correct errors and build a credible roll. This admission highlights a breach of SADC clause 4.1.4 of the electoral guidelines which demands that signatories guarantee the existence of an updated and accessible voters' roll. Other concerns  relating to voter registration are continuations of problems flagged time and time again but which continue to remain unresolved. Tendai Biti recently flagged multiple issues with the registration process, describing it as  a "charade of deception", citing a calculated 'go slow' by Mudede's team, which he argues is designed to disenfranchise some people. In contrast, he noted that others trying to register were receiving preferential treatment: [At Courtney Sekous] They had a special line, receiving preferential treatment making our case that ZEC staff need to be changed. I personally saw and photographed these youths. I personally saw a brand new police vehicle bringing them food. What shame. In addition to these shenanigans, Zanu was bussing persons from places such as Proton and Bobo — nearby farming areas. This, every party can and is allowed to do. What is not legal or moral is for these persons to then be given a special line for preferential registration. In a different example, Tobaiwa Mudede is accused of attempting to deliberately disenfranchise citizens by refusing to carry out ward level voter registration, saying he could only complete the process at District level. Mudede is also accused of trying to impede efforts by people considered 'aliens' to register to vote. In one report, dozens of 'aliens' were allegedly directed to the army and police for clearance first, before they could be registered: Ian Makone, chief secretary in the Prime Minister’s office, told the Daily News that dozens of people had been turned away from a mobile voter registration centre at Shumba Clinic in ward 3, Goromonzi on the grounds that they were aliens and they were sent back home, Makone said. “Some of the elderly who didn’t have IDs were told to first get clearance from KGVI ... this is taking place all over the country. People were sent to the army in order to verify if they do not have criminal records.” KGVI is the army headquarters where national documents such as passports are processed. Media reform remains one of reforms Zanu PF's MDC partners are insisting must take place prior to elections. Simba Makoni, leader of the Mavambo/Kusile/Dawn (MKD) party, has recently argued that Zanu PF enjoys an unfair advantage in media coverage, and that the state-controlled ZBC is not giving fair coverage to all political contestants. He said "Opening up ZBC to Morgan Tsvangirai, Simba Makoni and Dumiso Dabengwa does not require a new law, but requires Webster Shamu to instruct Happison Muchechetere that he should not bar other people from the air". The bias towards the Zanu PF Party breaches SADC electoral guideline clause 2.1.5 which seeks to uphold an equal opportunity for all political parties to access the state media. In addition to media access, four journalists have recently been in the news with reports of violent attacks on them. In these cases, MDC-T security staff are allegedly responsible for three attacks, a worrying development if the MDC-T party, which is calling for media reforms, itself fails to understand the right of journalists to report without hindrance. In chronological order, the journalists harassed or assaulted include: June 6th: Chronicle reporter Mashudu Netsianga was detained and questioned by MDC-T security personnel for allegedly gate crashing a meeting between Prime Minister Morgan Tsvangirai and the business community in Bulawayo. June 7th: MDC-T security staff assaulted Zimbabwe Independent journalist Herbert Moyo as he tried to cover a protest by MDC-T party activists at Harvest House, the party’s headquarters. June 8th: Masvingo Mirror reporter Bernard Mapwanyire, who was manhandled by MDC-T security staff while covering the party’s primary elections on June 8th. June 16th: Chinhoyi-based freelancer Paul Pindani was kidnapped, assaulted and left for dead by unknown assailants Attacking journalists, conduits of information to the public, arguably violates clause 2.1.1 which underpins the right for full participation of the citizens in the political process, and also 7.4, which is that signatories to the SADC guidelines do all they can to safeguard the human and civil liberties of all citizens including the freedom of movement, assembly, association, expression, and campaigning as well as access to the media. Sokwanele has logged other violence related examples constituting breaches of SADC guidelines, including, for example, reports of an armed soldier terrorising villagers in Gokwe South. The man is reportedly accompanied by two Zanu PF youths. Active members of the MDC party in the area are apparently being told that they will be abducted and 'disappear'. Mugabe digs heels in over poll date ~ http://bit.ly/1479dIw Independent Online (RSA): 23 June 2013 Zimbabwean President Robert Mugabe apparently decided to defy orders from regional leaders on June 22, to postpone ... elections beyond July 31, to try to ensure they are more free, fair and credible. Without consulting his unity government partners, Mugabe decreed the poll would be on that date, after the Constitutional Court had set July 31 as the deadline. Mugabe also changed the electoral law by decree without going through parliament. The SADC leaders told Mugabe to go back to the Constitutional Court and seek an extension, but instead of meeting its MDC-T/MDC inclusive government partners to submit a joint application to the Court for a postponement, Justice minister Patrick Chinamasa submitted Zanu-PF 's own application, without telling its partners, which was deliberately worded to be rejected by the court, MDC protested this week. Chinamasa stated in his application "MDC-T / MDC have without just cause lobbied SADC to ask us to change the date… I therefore come to you, ... directed by SADC, but there is no good reason… I attach the SADC communiqué obliging us to come to you,” Chinamasa said, requesting a delay in elections from July 31 to August 14. 2.1.1 Full participation of the citizens in the political process 2.1.2 Freedom of association 2.1.3 Political tolerance 4.1.1 Constitutional and legal guarantees of freedom and rights of the citizens 4.1.2 Conducive environment for free, fair and peaceful elections 4.1.5 Timeous announcement of the election date 7.4 Safeguard the human & civil liberties of all citizens including the freedom of movement, assembly, association, expression, & campaigning as well as access to the media on the part of all stakeholders [...] 7.5 Take all necessary measures and precautions to prevent the perpetration of fraud, rigging or any other illegal practices throughout the whole electoral process, in order to maintain peace and security Nomination court will go ahead despite Mugabe filing wrong date ~ http://bit.ly/14chc76 SW Radio Africa (ZW): 26 June 2013 Zimbabwe Electoral Commission (Zec) chairperson Justice Rita Makarau said the court would go ahead with the nomination process on 28 June. “The Nomination Court will sit on Friday starting at 10am and ending at 4pm. It means your papers must have been filed by 4pm Friday. If your papers are not in order by 4pm we will have no option, but to throw your candidature out,” Justice Makarau said. “Make sure your papers are in order. We do not want you to lose because of a technicality, but we want you to lose because the people rejected you.” 2.1.6 Equal opportunity to exercise the right to vote and be voted for 4.1.1 Constitutional and legal guarantees of freedom and rights of the citizens ZEC chief Makarau admits voters' roll 'shambles' ~ http://bit.ly/10OJc0p NewZimbabwe.com (ZW) :  4 June 2013 The head of the Zimbabwe Electoral Commission gave a stark warning to the nation on Tuesday June 4: The voters’ roll is in a shambles and time is running out to fix it before elections. Justice Rita Makarau admitted some registered voters had their names deleted from the roll as she expressed her “grave concern” about potential election day chaos. President Robert Mugabe is expected to issue a proclamation shortly announcing the poll date. Makarau said Zimbabweans must use the 30-day voter registration exercise provided by law to inspect the roll and correct any anomalies “rather than complain later”. “You have knowledge that the voters’ roll is in shambles, so tell us rather than complain later so that we give back to that person their right to vote," she told a news conference in Harare. "We want everyone to vote, so if you are not on the voters’ rol l, come and let us know. Don’t wait until after the polls to say ‘I was not allowed to vote’." She said the 30-day registration exercise set to begin over the weekend was a “golden opportunity” for Zimbabweans to help produce a credible register of voters. 2.1.1 Full participation of the citizens in the political process 2.1.6 Equal opportunity to exercise the right to vote and be voted for 2.1.7 Independence of the Judiciary and impartiality of the electoral institutions 4.1.1 Constitutional and legal guarantees of freedom and rights of the citizens 4.1.2 Conducive environment for free, fair and peaceful elections 4.1.3 Non-discrimination in the voters’ registration 4.1.4 Existence of updated and accessible voters roll 7.4 Safeguard the human & civil liberties of all citizens including the freedom of movement, assembly, association, expression, & campaigning as well as access to the media on the part of all stakeholders [...] 7.5 Take all necessary measures and precautions to prevent the perpetration of fraud, rigging or any other illegal practices throughout the whole electoral process, in order to maintain peace and security 7.6 Ensure the availability of adequate logistics and resources for carrying out democratic elections Biti rubbishes registration exercise ~ http://bit.ly/19sRrl3 Zimbabwe Standard, The (ZW) : 23 June 2013 Courtney Selous School, the only centre for ward voter registration in Ward 9, Harare East, started registering voters on Friday June 21 and will continue until Monday. On Friday despite a kilometre-long queue, they only registered about 250 persons, and yesterday, only 270. If they can do that in broad daylight, in one of Harare’s most enlightened suburbs, Greendale, how many more [in remote areas such as] Gwelutshena , Gumunyu, Rasa or Bare? At Courtney Selous, and at Tafara Community Hall, Ward 46, the system was bussing new recruits from Chikurubi and Support Unit along Arcturus Road. Our monitoring team counts about 700 of these youths have been registered at Courtney Selous alone. They had a special line, receiving preferential treatment, making it clear that ZEC staff need to be changed! In addition to these, Zanu was bussing persons from places such as Proton and Bobo — nearby farming areas. in Harare Zanu wants to get at least six seats including Harare East, Harare North, Mount Pleasant, Harare South, Epworth and Harare West. In these they have stuffed thousands of non-resident service members to register as voters. Our audits will flush them out... “Vote-Rigging Loophole” as Mudede Imposes District Level Registration ~ http://bit.ly/12ndYhl ZimEye : 11 June 2013 Fears of massive vote rigging by president Robert Mugabe’s ZANU PF party were raised yesterday June 10 after the Registrar general Tobaiwa Mudede refused to carry out the proper ward level vote registration, saying he could complete the process at District level. Mudede claimed this is due to the inadequacy of funding for which he says he received from treasury half of the budgeted amounts. Speaking before the Parliamentary Portfolio Committee on Defence and Home Affairs, Mudede said “…We have been fighting to get the money. Because we were given money at the last minute, we have had to categorise. We calculated we would need US$104 million for the ward-based exercise ...". There have been concerns over this development after it emerged the huge expenses the registrar incurs are due to the method of registering people which is manual and involves people physically presenting themselves at the different centres. But public opinion has differed with Mudede, with many saying the RG is wasting government funds and actually creating a loophole for vote rigging opportunities. 2.1.1 Full participation of the citizens in the political process 2.1.6 Equal opportunity to exercise the right to vote and be voted for 4.1.1 Constitutional and legal guarantees of freedom and rights of the citizens 4.1.2 Conducive environment for free, fair and peaceful elections 4.1.3 Non-discrimination in the voters’ registration 4.1.4 Existence of updated and accessible voters roll 7.4 Safeguard the human & civil liberties of all citizens including the freedom of movement, assembly, association, expression, & campaigning as well as access to the media on the part of all stakeholders [...] 7.5 Take all necessary measures and precautions to prevent the perpetration of fraud, rigging or any other illegal practices throughout the whole electoral process, in order to maintain peace and security Mudede refers ‘aliens’ to KGVI barracks ~ http://bit.ly/12sEiSR Daily News (ZW) : 12 June 2013 Chaotic scenes yesterday continued to blight the ongoing mobile voter registration process with scores of the so-called aliens being directed to the Zimbabwe National Army and police for clearance. Early yesterday June 11, scores of villagers from Goromonzi besieged the office of Prime Minister Morgan Tsvangirai as they sought answers after failing to get a service at the mobile voter registration centres which were overwhelmed by large volumes of people. Ian Makone, chief secretary in the Prime Minister’s office, told the Daily News that dozens of people had been turned away from a mobile voter registration centre at Shumba Clinic in ward 3, Goromonzi on the grounds that they were aliens and they were sent back home, Makone said. “Some of the elderly who didn’t have IDs were told to first get clearance from KGVI ... this is taking place all over the country. People were sent to the army in order to verify if they do not have criminal records.” KGVI is the army headquarters where national documents such as passports are processed. 2.1.3 Political tolerance 2.1.6 Equal opportunity to exercise the right to vote and be voted for 2.1.7 Independence of the Judiciary and impartiality of the electoral institutions 4.1.1 Constitutional and legal guarantees of freedom and rights of the citizens 4.1.2 Conducive environment for free, fair and peaceful elections 7.4 Safeguard the human & civil liberties of all citizens including the freedom of movement, assembly, association, expression, & campaigning as well as access to the media on the part of all stakeholders [...] Makoni demands state media access ~ http://bit.ly/12sEH7G Daily News (ZW) : 12 June 2013 Opposition leader Simba Makoni has demanded equal access to the media for political parties as the nation hurtles towards elections. The Mavambo/Kusile/Dawn (MKD) leader said Zanu PF was enjoying unfair advantage in broadcast media and has not ... given fair coverage to other political contestants. Speaking recently in Bulawayo June 10, Makoni said Media, Information and Publicity minister Webster Shamu had no right to deny other parties coverage on Zimbabwe Broadcasting Corporation (ZBC). He said the inclusive government had failed to push the media reform agenda, but said with political will, changes can be made before Zimbabwe goes to the polls. “Opening up ZBC to Morgan Tsvangirai, Simba Makoni and Dumiso Dabengwa does not require a new law, but requires Webster Shamu to instruct Happison Muchechetere that he should not bar other people from the air,” Makoni said. ZBC chief executive officer M uchechetere blamed political parties which he said did not submit their itineraries to the station for it to diarise their events 2.1.3 Political tolerance 2.1.5 Equal opportunity for all political parties to access the state media 4.1.1 Constitutional and legal guarantees of freedom and rights of the citizens 4.1.2 Conducive environment for free, fair and peaceful elections 7.4 Safeguard the human & civil liberties of all citizens including the freedom of movement, assembly, association, expression, & campaigning as well as access to the media on the part of all stakeholders [...] Journalist left for dead is 4th reporter to be attacked in one week ~ http://bit.ly/11k8qEo SW Radio Africa (ZW) : 17 June 2013 The growing number of attacks against journalists in Zimbabwe has drawn sharp condemnation from media watchdog, Media Institute of Southern Africa (MISA). This follows reports that Chinhoyi-based freelancer Paul Pindani was kidnapped, assaulted and left for dead by unknown assailants June 16. This brought the number of journalists attacked in June to four. According to the NewsDay newspaper, Pindani was abducted from his home by three masked men who took him to a shopping centre where they severely assaulted him before disappearing into the night. Other recent attacks on journalists include one on Masvingo Mirror reporter Bernard Mapwanyire, who was manhandled by MDC-T security staff while covering the party’s primary elections on June 8th. On June 7th, MDC-T security staff assaulted Zimbabwe Independent journalist Herbert Moyo as he tried to cover a protest by MDC-T party activists at Harvest House, th e party’s headquarters. On June 6th, Chronicle reporter Mashudu Netsianga was detained and questioned by MDC-T security personnel for allegedly gate crashing a meeting between Prime Minister Morgan Tsvangirai and the business community in Bulawayo. 2.1.1 Full participation of the citizens in the political process 2.1.3 Political tolerance 4.1.1 Constitutional and legal guarantees of freedom and rights of the citizens 4.1.2 Conducive environment for free, fair and peaceful elections 7.4 Safeguard the human & civil liberties of all citizens including the freedom of movement, assembly, association, expression, & campaigning as well as access to the media on the part of all stakeholders [...] Armed soldier terrorising MDC-T supporters in Gokwe ~ http://bit.ly/16BCbR3 Nehanda Radio: 2 June 2013 An armed soldier is terrorising MDC-T supporters in the Gokwe South constituency hardly a day after Prime Minister Morgan Tsvangirai’s party concluded primary elections to choose council and parliamentary candidates. Nehanda Radio understands the soldier known as Magwizi was on Saturday June 1 brandishing an AK47 assault rifle in the Mapfangautsi constituency, Ward 23 at a place known as Ganyungu Township. Magwizi who stays at Ganyungu Primary School moves with his gun only in the evenings. He is assisted by two ZANU PF youths, Jeofrey Chikafu (District Chairperson) and Anywhere Karera (District Youth Chairperson). Magwizi’s friend, a teacher at Ganyungu Primary School, Chamunorwa Dzikatire (nicknamed DZ) is also part of the mob who were toyi toying in the area in the evening while threatening MDC-T supporters. During the day villagers failed to go work on their plots as the Zanu PF mob mounted a door to door campaign of intimidation. Active members of the MDC-T were told they would be abducted in the evening and disappear. 2.1.1 Full participation of the citizens in the political process 2.1.3 Political tolerance 4.1.1 Constitutional and legal guarantees of freedom and rights of the citizens 4.1.2 Conducive environment for free, fair and peaceful elections 7.4 Safeguard the human & civil liberties of all citizens including the freedom of movement, assembly, association, expression, & campaigning as well as access to the media on the part of all stakeholders [...] 7.7 Ensure that adequate security is provided to all parties participating in elections   We have a fundamental right to freedom of expression!

Constitution Watch 30/2013 of 28th June 2013 [The New Constitution & Citizenship]