Mugabe’s election rush quashes Zimbabwe reform hopes

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

Reuters | 04 June, 2013 14:55

Just after Zimbabwe’s top court told President Robert Mugabe to hold
elections before the end of July, he appeared in a documentary combining
domestic campaign mode with a diplomatic charm offensive.

In the fly-on-the-wall show on South African television the 89-year-old
opened up on the armed struggle for independence from Britain and making
love to his 47-year-old wife.

He also revealed he wanted to add to his 33 years at the helm of the poor,
land-locked southern African nation.

The footage provided a rare glimpse of Mugabe’s human side, surrounded by
his family, and turned heads in Zimbabwe’s powerful neighbour, which is
likely to be a major funder of an election and also a judge of its quality.

But Africa’s oldest head of state skirted around the reforms to the army,
police and media that he is under pressure to carry out to ensure a peaceful
and credible vote.

With the court giving him less than 60 days to call the election, there
would be little time — even if he wanted to — to make any meaningful changes
to state institutions that remain firmly in his camp.

“My people still need me and when people need you to lead them, it is not
time, sir — it doesn’t matter how old you are — to say goodbye,” he told
South African interviewer Dali Tambo in the documentary, aired on Sunday but
shot several weeks earlier.

Five years after the disputed and violent elections that spawned a fractious
coalition with his main adversary, Morgan Tsvangirai, Zimbabwe’s neighbours
are desperate to avoid a rerun of a poll that sparked an exodus of
opposition supporters.

The regional 15-member Southern African Development Community (SADC) has
called a summit this weekend to help Harare raise the estimated $132 million
needed for the election, and Tsvangirai’s Movement for Democratic Change
(MDC) says it will use the opportunity to tackle Mugabe on the issue of
reforms.

But with the economy bouncing back since 2008 from hyperinflation and a 40%
economic contraction over the previous eight years, there is every chance
that, even in a fair fight, Mugabe’s ZANU-PF party might win.

Although there are no formal opinion polls, surveys in the last year by
Freedom House, a US political think tank, and African research group
Afro-Barometer have given Mugabe a narrow lead over Tsvangirai, who has
suffered hits to his personal and professional reputation since entering
government.

“Mugabe’s position is informed by his belief that he will win the elections
and that ZANU-PF has recovered enough after 2008 to survive Morgan
Tsvangirai,” said Eldred Masunungure, a political science professor at
Harare’s University of Zimbabwe.

“It is a gamble but we are in an environment in which you cannot rule out
ZANU-PF.”

The MDC disputes the findings of unfavourable voter surveys, saying
Zimbabweans are still too afraid to express themselves freely after the 2008
bloodshed, and remains confident of victory.

Fig-leaf reform

In March, Zimbabwe’s 13 million people overwhelmingly approved a new
constitution to replace the one forged in the dying days of British colonial
rule in 1979.

The new charter lays the foundations for a more balanced political playing
field by trimming the powers of the president and enshrining notions such as
freedom of the media.

But the MDC argues that the vote can only be truly fair if broadcast media
are opened up to all parties, new voters are allowed to register freely and
the army and police keep out of politics.

The court ruling means there is now precious little time to drive through
real change.

This is especially true of the army, whose leaders are open in their
contempt for Tsvangirai, a former union leader who did not play a prominent
role in the war against the white-minority government that ran what was then
Rhodesia until 1980.

The military and police have also been accused of vote rigging and
intimidation, leading to Western sanctions against Mugabe and senior ZANU-PF
apparatchiks.

As such, analysts fear any reforms will amount to little more than
fig-leaves — army commanders being asked to issue statements affirming their
neutrality and regulators licensing private broadcasters just before the
polls.

“We might go through some rituals but I don’t see anything changing much on
the ground,” said Lovemore Madhuku, a constitutional law professor and
critic of both Tsvangirai and Mugabe.

“I am sure Mugabe will concede some ground on some of the issues in
deference to SADC and to retain the regional support he needs for political
legitimacy.”

ZimRights officials detained

http://www.swradioafrica.com/

By Alex Bell
SW Radio Africa
04 June 2013

Three officials from the Mutare office of the Zimbabwe Human Rights
Association (ZimRights) were on Tuesday picked up by police and detained for
several hours, in connection with human rights activities the group has
planned.

The three taken in for for questioning are Reverend Stephen Maengamhuru, the
group’s Regional Coordinator, his assistant Cecelia Marovha and Victor
Dhliwayo. They were picked up after a police raid on the ZimRights’ Mutare
offices.

According to the Zimbabwe Lawyers for Human Rights (ZLHR) the three were
targeted over promotional materials that they were in possession of and
intending to use at a workshop planned for Honde Valley. A vehicle used
during such workshops was also impounded.

The group was eventually released later in the day and no charges were laid
against them.

The incident comes as the constitutionally required voter registration
exercise that was meant get underway on Monday was delayed, allegedly
because of “funding challenges.”

According to the NewsDay newspaper, the exercise will now kick off on
Thursday.

Quoting sources at the Zimbabwe Electoral Commission (ZEC), the newspaper
reported that the process of training voter educators, who will be deployed
to the relevant wards, was in progress. ZEC plans on deploying two voter
educators to each of Zimbabwe’s 1,958 wards.

“Training was conducted on June 1 and 2, and today (yesterday). It is being
done in the provinces and tomorrow (today) and training will be conducted in
the districts,” the source was quoted by NewsDay as saying.

“The educators will be deployed by Wednesday (tomorrow) and should start
educating on Thursday.”

Mawere files Constitutional Court case on citizenship

http://www.swradioafrica.com/

By Violet Gonda
SW Radio Africa
04 June 2013

The Constitutional Court has been busy since its inception in late May with
at least three high profile cases going before the new nine member judging
panel.

Last month a rights activist living with HIV filed a test case in the newly
constituted court to highlight the challenges and ill treatment facing
people living with the virus in the country’s prisons. On Friday the Court
ruled in favour of a man who filed an application “to force” President
Robert Mugabe to set an election date that would ensure that polls are
conducted by July 31st.

Then on Tuesday Zimbabwean businessman Mutumwa Mawere filed an urgent
application calling for the court to confirm the provisions regarding the
issue of dual citizenship and to stop the voter registration exercise, which
was supposed to restart on Monday, until his case is finalised.

Mawere, who is also South African by naturalisation, says he was forced to
seek legal redress after Registrar General Tobaiwa Mudede told him to
renounce his foreign citizenship in order to acquire Zimbabwean
identification documents.

The Zimbabwean born entrepreneur now wants the court to compel the Registrar
General to give him identity documents and a Zimbabwean passport, to enable
him to vote in the forthcoming elections.

Mawere says according to the new constitution citizenship by birth is not
revocable and there is automatic citizenship for people born to Zimbabwean
parents. Mudede has no authority to try and negotiate that issue.

“The only provision that is there is that persons who acquire citizenship by
registration are the only people who are affected in terms of registration.
That is when the Registrar General has to deal with that application but you
cannot apply to be born in a certain geography and therefore that is
invalid,” Mawere added.

An individual has to be a citizen to vote in the pending polls and many
Zimbabweans, especially of Malawian and Mozambican origin, are being blocked
from participating in the nationwide voter registration exercise as a result
of the country’s controversial citizenship laws.

“So we have also applied to the Court that the purported voter registration,
pursuant to the new constitution, be stopped to allow this matter to be
adjudicated in court – because if our understanding is correct, then it
means there could very well be more than a million people who may be
affected by this misinterpretation of the law.”

Mawere believes by law the voter registration exercise has not really
started because the parliament has not “even set up the citizenship board.”

The Constitutional Court has to first rule on whether the application is
urgent before dealing with the merits of the matter. It is not yet known how
this latest application will affect the electoral process, as the court has
so far ruled that general elections should be held before the end of next
month.

Meanwhile, legal expert Derek Matyszak says the Registrar General has often
refused to implement court orders, but says he has to abide by what is in
the constitution.

Matyszak, who is also a senior researcher at the Research and Advocacy Unit
in Harare, agrees that the provisions of the new constitution provide that
the person that is born in Zimbabwe is entitled to citizenship.

He said: “It (constitution) does not allow the deprivation of citizenship of
a person born in Zimbabwe on the basis that they have acquired citizenship
of another country. So Mr. Mudede has to apply what is in the constitution
and not what he would like to be there.”

Tens of thousands of people have been removed from the voters’ roll in the
past decade, often due to citizenship issues.

If Mawere wins then those people taken off the voters’ roll should be able
to register or re-register.

“Unfortunately if the past conduct of Mr. Mudede is anything to go by he
will not do that and he will force people to institute court proceedings in
the same way that Mr. Mawere is, to try and get themselves back on the
voters’ roll and of course many people don’t have the resources that Mr.
Mawere has to do that,” Matyszak added.

The Registrar General was not available for comment.

President Mugabe manipulating electoral rules in his favour

http://www.swradioafrica.com/

By Nomalanga Moyo
SW Radio Africa
04 June 2013

Confusion continued to reign this week over whether the country was ready to
hold elections by the end of July, as directed by the Constitutional Court.

Last week the country’s top court ruled in favour of Harare man Jealousy
Mawarire, who had argued that the delay in announcing a date for elections
was a violation of his constitutional rights.

In its judgement last Thursday the Constitutional Court agreed and directed
President Mugabe to ensure elections are held no later than July 31st.

Already Mugabe has said that he will comply: “It is this decision now that
we must obey and I don’t want to offend the law,” he told the Herald
newspaper on Sunday.

Analysts say both the court ruling and Mugabe’s ready acceptance are hardly
surprising, as ZANU PF have always said they want an election by June 29th.

Since Mawarire lodged his court challenge, speculation has been rife that he
is being sponsored by a faction of ZANU PF that includes Professor Jonathan
Moyo.

But according to MDC-T treasurer Roy Bennett, Mawarire’s organisation, the
Centre for Elections and Democracy in Southern Africa, “was last year
revealed as a CIO-sponsored organisation, which is part of Operation
Spiderweb, a ZANU-PF propaganda initiative.”

Both MDC factions have raised concern that the ruling does not give room for
democratic processes to be carried out in line with the new constitution.

One such process, the mandatory 30-day voter registration exercise, should
have been rolled out Monday but was stalled due to logistical problems, ZEC
has said.

Writing on social networking site Facebook, legal expert David Coltart
observed: “With effect from midnight tonight (Monday) the date of the 31st
July set for the election, under any minimalistic or narrow interpretation
of the electoral process (even ignoring all the other electoral challenges
such as producing a voters roll in such a short space of time and the
funding of the entire exercise), becomes legally and constitutionally
impossible.

“Every day now that the voter registration exercise does not commence leads
to greater and greater absurdities and breaches of these fundamental
provisions.

“Those promoting this state of affairs are at risk of making themselves the
laughing stock of SADC and the world if this absurd situation is allowed to
continue,” Coltart said.

But regional body SADC lent their support even before the court ruling, and
it remains to be seen whether this position will still stand after the
Maputo meeting this weekend.

On his part, Mugabe will be keen to be seen to be abiding by the rule of law
particularly ahead of this crucial SADC meeting to assess the country’s
readiness for polls.

Some observers have noted that the whole build up to the election — the
court ruling, the funding crisis, voter registration fiasco – has all the
hallmarks of a well-crafted ZANU PF election plan.

A few months ago Mugabe appealed a court judgement directing him to set
dates for by-elections in three constituencies, but now he is going to
comply with a judgement that has many logistical and difficult
ramifications.

As human rights lawyer, Beatrice Mtetwa has observed in the past, Mugabe and
ZANU PF have always engineered the legal and judiciary systems in their
favour.

“Unlike a lot of other dictators, Robert Mugabe doesn’t just go out and do
what he wants. He first goes to parliament and passes a law … And when you
say ‘hey you can’t do that’ he will say ‘that is the law’,” Mtetwa says in a
film about the human rights situation in Zimbabwe.

Nixon Nyikadzino, of the Crisis in Zimbabwe Coalition, said when it suits
him, Mugabe will indeed abide by the law, “because he uses the same courts,
mostly staffed with judges appointed by him, to change any decisions he
doesn’t like. It is important therefore to read between the lines.

“The same is true of election funding. They will find the money in as far as
it is in their interests to do so,” Nyikadzino said in reference to the
recent events when $25 million was found overnight for the new voter
registration exercise.

On Sunday ZANU PF propagandist Nathaniel Manheru said his party had sourced
the funds.

Zimbabwe Electoral Commission: We are Ready for 2013 Polls

http://www.voazimbabwe.com/

Thomas Chiripasi
04.06.2013

HARARE — The Zimbabwe Electoral Commission (ZEC) says it is ready to
supervise elections if President Robert Mugabe announces a date for the
polls on or before July 31 this year.

Meanwhile, the electoral body says voter education will now begin Wednesday
ahead of the mobile voter registration exercise in preparation for the
elections.

Speaking during her commission’s consultative meeting with the media in
Harare today, ZEC chairperson, Rita Makarau, said the electoral body is
ready to run and supervise the polls if President Mugabe abides by last week’s
Supreme Court ruling and sets a July date for the elections.

Makarau, however, admits that it would be a tight schedule for her
commission if polls are to be held on or before the Supreme Court’s 31 July
deadline.

Makarau said her commission is hopeful that it will deliver a credible poll
and an improved verification process of votes would also be in place.

In the 2008 polls, the MDC-T claimed its leader, Prime Minister Morgan
Tsvangirai, won the ballot although figures released after a month of voting
by authorities indicated that Mr. Tsvangirai did not garner enough votes to
be declared the outright winner.

She said her commission is concerned by reports that the voters’ roll is in
shambles.

Makarau further said voter educators will be dispatched to the country’s
districts Wednesday ahead of the mobile voter registration exercise that
will start at a date yet to be announced.

ZEC said following the gazetting of the use of affidavits as proof of
residence for voter registration purposes, measures have been put in place
to have officers from the Registrar General’s Office and ZEC appointed
commissioners of oath to ensure potential voters are helped easily at
registration centres around the country.

Zimbabwe’s Mandatory Voter Registration Program Delayed by 'Logistics'

http://www.voazimbabwe.com/

ZEC failed Monday to roll out a fresh voter registration exercise per the
new constitution, raising concerns about the country’s preparedness for
elections the Supreme Court ruled should be held before July 31.

Thomas Chiripasi,  Sithandekile Mhlanga
03.06.2013

WASHINGTON — The Zimbabwe Electoral Commission failed Monday to roll out a
fresh voter registration exercise in line with the new constitution, raising
concerns about the country’s preparedness to hold elections the Supreme
Court ruled should be held before July 31.

ZEC deputy chairperson Joyce Kazembe said administrative problems affected
the launch of the new program the commission announced would start Monday
around the country.

Under the new constitution, the electoral body is required to supervise the
registration of voters for a period of 30 days ahead of elections.

“We will be able to go out once everything is put in place,” said Kazembe.
“The Registrar General needs also to send out teams to do the voter
registration so soon we will be making an announcement.”

Organizing secretary Nelson Chamisa of the MDC formation led by Prime
Minister Morgan Tsvangirai said ZEC’s failure to launch a fresh voter
registration exercise affects the date of the elections. The new
constitution sets time limits as to processes the country should follow
ahead of elections. The MDC formations are worried Zanu PF is interpreting
the court’s ruling wrongly to give it an affair advantage.

Chamisa said the ZEC should announce the registration centers in advance of
the fresh exercise to ensure all interested eligible voters register to
participate in the polls.

Representatives of political parties are expected to meet Tuesday with ZEC
officials to discuss problems affecting the commission ahead of the
elections.

Zanu PF spokesperson Rugare Gumbo was unavailable for comment.

The finance ministry has so far released $20 million for the new voter
registration exercise although the electoral body had requested more funds.
Harare needs $132 million to hold the crucial elections.

President Mugabe told the state media in Japan, where he was attending the
5th Tokyo International Conference for African Development Sunday that
Zimbabwe will fund the elections though it will accept assistance from the
Southern African Development Community (SADC).

Reached for comment, Thandeko Zinti Mnkandla, a member of the parliamentary
portfolio committee on Justice, Legal Affairs, Constitutional and
Parliamentary affairs, said ZEC should have first clarified dates for
completing logistics on the 30-day voter registration exercise and then
announced the actual commencement date for registration to avoid confusion.

Mnkandla, who is also Gwanda North legislator, tells V-O-A’s Sithandekile
Mhlanga not much work has been done on the ground to publicize the oncoming
voter registration exercise.

Embattled MDC-T MPs in ‘do or die’ elections Thursday

http://www.swradioafrica.com/

By Tichaona Sibanda
SW Radio Africa
04 June May 2013

All sitting MDC-T MPs who failed to get past the confirmation stage of the
internal party selection process in Harare and Chitungwiza will have an
opportunity to redeem themselves during Thursday’s primary elections.

MDC-T voters have posted a ruthless verdict on 30 of their 97 Members of
Parliament since the party primaries started a fortnight ago. Not even
cabinet ministers have been spared the wrath of voters countrywide, who went
to the ballot to choose their party representatives.

As they prepare to face the same voters once again this Thursday, the prayer
on the lips of most of these legislators is that the aftershocks of the
earthquakes that erupted in their political landscapes will not return in
dramatic fashion.

Science and Technology Minister Heneri Dzinotyiwei (Budiriro) and former
cabinet member Fidelis Mhashu (Chitungwiza North) fared dismally in the
confirmations held two weeks ago. Each sitting MP needs to be confirmed by a
two-thirds majority of an electoral college in the constituency they
represent.

The only sitting MP who was confirmed in Chitungwiza is Alexio Musundire in
Zengeza East. Those going to the next stage of primaries are Mhashu,
Greenbet Dongo (Goromonzi South), Colin Gwiyo (Zengeza West), Misheck Shoko
(Chitungwiza South) and Marvelous Khumalo (St Mary’s).

In Harare, those who failed to get past the first hurdle include
Dzinotyiwei, Elias Jembere (Epworth), Pearson Mungofa (Highfield East),
Willias Madzimure (Kambuzuma), Margaret Matienga (Sunningdale), Gift
Dzirutwe (Glen Norah) and Simon Hove (Highfield West).

The primary elections for all these MPs will be the acid test, after they
slipped down the popularity rating among the voters in their respective
constituencies. A win will be viewed as a big morale booster but chances of
a return to parliament for most are remote, according to analysts.

US based political analyst Dr Maxwell Shumba told SW Radio Africa on Monday
that he was sure the majority of the MPs do not stand a chance of
re-election.

‘These MPs are falling foul of how they performed in the last five years. It
shows the electorate is no longer docile and the results so far are teaching
people that we can no longer toy with the electorate,’ Shumba said.

Dr Takavafira Zhou, the President of the Progressive Teachers Union and the
newly elected MDC-T parliamentary candidate for Mberengwa North, hailed the
people for voting-out non-performing politicians.

‘In Mberengwa where I come from, the area is so poor that we blame ZANU PF
for not developing the region and yet it has vast natural resources that are
being plundered by the political elite,’Zhou said.

He added: ‘Power ultimately resides in the people, whose perception of a
performing politician is the provision of developmental projects in their
constituencies.’

Mudede usurping Zec powers on voters’ roll

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

Tuesday, 04 June 2013 13:14

HARARE - Rights lawyers have accused Registrar-General of Voters Tobaiwa
Mudede of usurping the Zimbabwe Electoral Commission (Zec)’s powers in the
handling of the voters’ roll.

In a letter  to Zec chairperson Rita Makarau dated May 29 seen by the Daily
News, Zimbabwe Lawyers for Human rights (ZLHR) lawyer Bryant Elliot
complained about the RG office’s active role in the handling of the voters’
roll.

“We consider that the attached letter and annexure indicates, with respect,
a serious ignorance of the law on the part of the Registrar-General of
Voters,” the letter says.

“He is obviously under the misapprehension that he is solely in charge of
the voters’ roll and that he sets the conditions under which it is
purchased. This attitude materially undermines and seeks to diminish the
role of the Commission in the conduct of elections.”

This comes after Zapu president Dumiso Dabengwa took aim at Zec, whose
conduct he says compromises the holding of a free and fair election.

Dabengwa, a presidential candidate in the upcoming election, has been trying
to get an electronic copy of the voters’ roll since November last year.

But despite promises by Zec, nothing has materialised.

This forced the liberation war hero to approach the High Court seeking an
order to compel Zec to provide him with the Consolidated National Voters’
Roll in an electronic format which makes it possible for him to analyse the
document.

On the voters’ roll, Section 21 (3) of the Electoral Act states that: “The
Commission shall within a reasonable time provide any person who requests
it, and who pays the prescribed fee, with a copy of any voters’ roll, either
in printed or in electronic form as the person may request.”

But this has not happened despite repeated requests by Dabengwa and his Zapu
party.

Section 21(3) of the Electoral Act, Elliot says in his letter to Makarau,
states that it is Zec which provides the voters’ roll.

“If any conditions are to be attached to the purchase of the voters’ roll,
then in terms of the proviso (ii) to Section 21(7) it is the Commission
which imposes these,” Elliot’s letter says.

“We are very concerned that the Commission can consider itself to be
subservient to the Registrar-General of Voters in this way especially as it
is clearly not in accordance with the law,” the letter says. - Tendai
Kamhungira

MDC does about-turn on court’s Zimbabwe election ruling

http://za.news.yahoo.com/

By Ray Ndlovu | BD Live – 13 hours ago

HARARE — Zimbabwe’s Movement for Democratic Change (MDC) on Monday
backtracked after Prime Minister Morgan Tsvangirai questioned a ruling on
Friday by the Constitutional Court that ordered President Robert Mugabe to
announce an election date before July 31.

The about-turn has drawn criticism from political observers who say the MDC
has again given in to Mr Mugabe’s demands.

Mr Tsvangirai’s authority, which has been eroded in the past four years in
the nominal power-sharing government, has been under scrutiny. Junior Zanu
(PF) ministers routinely defy his orders while Mr Mugabe continually makes
key decisions unilaterally and the military’s top brass tacitly refuses to
recognise him.

On Monday, MDC spokesman Douglas Mwonzora dismissed as "Zanu (PF)
propaganda" reports that the MDC was seeking to delay elections because it
was not ready.

"For the avoidance of any doubt, the MDC is ready for free and fair
elections in Zimbabwe. That means for the MDC, the issue is not about the
date of the elections, it is about the conditions under which these
elections are held," Mr Mwonzora said.

"To that end, reforms to ensure the total eradication of all forms of
state-sponsored violence must be completed first."

The MDC is pressing for reforms in the security and media sectors which are
outlined in a Southern African Development Community (Sadc)-endorsed
election roadmap.

Zanu (PF) official Rugare Gumbo at the weekend cast aside any pretension
that the party plans to meet Global Political Agreement requirements. He is
quoted as saying calls for reforms (by Sadc and other bodies) before
elections have been overtaken by the new constitution, which he said would
be grounds for free and fair elections.

Sadc, which is to hold a weekend summit conference in Maputo, has insisted
that all reforms be honoured before the elections are held.

Meanwhile, Jealousy Mawarire, the executive director of the Centre for
Elections and Democracy in Southern Africa, whose court application
compelled the Constitutional Court to pass the ruling on the election date,
told Business Day on Monday the MDC would have been in contempt of court had
it chosen to defy the ruling.

"Anyone who wouldn’t abide (with the ruling) is in contempt of court … This
is not an early election as it is claimed in some quarters. Everyone knew
June 29 was the cutoff date for parliament.

"One can’t say in July it is an early election. Under the agreements made in
the unity government, elections were supposed to have taken place in 18
months, but we are already more than 48 months behind," Mr Mawarire said.

Mr Mugabe may rule by decree from the end of this month until the election.
A journalist with the defunct Tribune and Zimbabwe Mirror, Mr Mawarire said
the Constitutional Court application was sought in his personal capacity.

He denied his court application had served to provide legal cover for Mr
Mugabe, which had been clamouring for an election at the end of this month,
but faced political resistance from the MDC.

"I am not privy to Zanu (PF) details. All I know from media reports is that
they have not held primary elections to pick candidates and that means it is
a party which has no candidates," Mr Mawarire said.

Crisis in Zimbabwe Coalition director McDonald Lewanika said Mr Mawarire’s
victory had placed the MDC in a difficult position, where it would have been
damned whether it accepted or rejected the court ruling.

RBZ under pressure after court order to repay stolen forex

http://www.swradioafrica.com/

By Alex Bell
SW Radio Africa
04 June 2013

The Reserve Bank of Zimbabwe (RBZ) is under pressure to pay back millions of
dollars in foreign currency it illegally seized at the height of the country’s
economic collapse, after a landmark ruling by the High Court.

The High Court last week ordered the central bank to return over US$1
million to the Trojan Nickel Mine firm, in a ruling that sets a new
precedent in cases against the RBZ’s theft of foreign currency.

The Bank, under the leadership of Governor Gideon Gono, seized more than a
million US dollars from Trojan’s bank account in 2007, after it ‘centralised’
all foreign currency accounts. This was part of efforts to stem the imminent
collapse of the economy, which had suffered from years of economic misuse
and bad policies by the then ZANU PF led government.

The ‘centralised’ order saw authorised dealers of forex being forced to hand
over their clients’ money to the RBZ, which resulted in more than a billion
dollars worth of foreign cash being seized.

This included just over a million dollars in a BancABC account owned by the
Trojan Nickel firm.

Economist John Robertson told SW Radio Africa that the RBZ has been trying
to distance itself from the claims, arguing that it had no legal
relationship with either companies or individuals who unwittingly funded
ZANU PF during that time.

“The RBZ has been trying to deny any of the companies, including charities
and NGOs, access to money they can’t deliver. The ruling doesn’t necessarily
mean that Trojan will get the money because it doesn’t actually exist,”
Robertson said.

He continued: “The amounts (seized by the RBZ) total more than a billion
dollars, and a great many of the other companies and individuals are going
to lodge a claim with the precedent of this case being used.”

“It will lead to a lot more anxiety and frustration rather than settlements.
There will be a great many people still waiting for settlement in six months
time,” Robertson said.

‘5th Brigade did not follow instructions’

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

Tuesday, 04 June 2013 13:07
HARARE - President Robert Mugabe has said soldiers that killed thousands of
people to crush the late Joshua Nkomo’s opposition Zapu party during
Gukurahundi did not follow instructions and did so unilaterally.

Mugabe told Dali Tambo in an exclusive interview on his People of the South
TV programme beamed on SABC 3 on Sunday night, that the five-year genocide
in Zimbabwe from 1982 to 1987 was “outrageous” and fuelled by a “personal
element.”

The North Korean-trained Fifth Brigade launched a brutal army crackdown
ostensibly to hunt down armed dissidents from Nkomo’s Zapu but which
targeted innocent civilians who supported the late vice president.

The suppression campaign targeted the predominantly Ndebele regions of
Zimbabwe most of whom were supporters of Nkomo, the founding father of
nationalist struggle for independence in Zimbabwe.

More than 20 000 civilians reportedly perished during the crackdown by the
Zimbabwe army’s North Korean-trained Fifth Brigade, according to the
Catholic Commission for Justice and Peace (CCJP), in what is regarded as
Zimbabwe’s darkest hour.

“Yes, it was very bad,” Mugabe admitted. “We don’t want to talk about that,
but it turns up a story which has not been told in full, how it started and
so on, you know, what was happening. It’s involving, it’s not a story we
should continue.

“But of course when wars do occur, it doesn’t matter the form of it, it
hurts.

“What happens on the ground, well, we all know what happened on the ground,
you have even soldiers, where they are under instructions, but there is
always the personal element.

“Yes, and sometimes they go out of their way, you see, to hurt and commit
acts which are outrageous. It happens and you get it happening, so those
things happened.”

According to a report titled Breaking The Silence compiled by CCJP on the
atrocities, the army troops were deployed in Matabeleland North in late
January 1983 and within weeks, they had killed more than two thousand
civilians, beaten thousands more, and destroyed hundreds of homesteads.

Thousands more were to be massacred in the following years.

But Mugabe said the atrocities by the dissidents were not highlighted as
much as the excesses by the Fifth Brigade.

“But also there are elements on the guerrilla side who committed atrocious
things, cutting people’s noses and ears, that was happening, but of course
people merely want to emphasise the side of what was alleged to be the acts
of the soldiers but are silent completely about what the guerrillas were
doing on their own because they wanted the people to honour them and not to
give any assistance to the guerrillas,” Mugabe said.

The Gukurahundi massacres ended in 1987 when Nkomo agreed to dissolve his
political structures and join Zanu PF, creating a virtual one-party state.
He died of natural causes in 1999.

Wounds inflicted by the uprising in Matabeleland have not however,
completely healed. - Gift Phiri, Political Editor

Parliament: Zimbabwe Minister Should Face Graft Charges

http://www.voazimbabwe.com/

Irwin  Chifera
04.06.2013

HARARE — A parliamentary portfolio committee today recommended that Local
Government Minister, Ignatius Chombo, be investigated for corruption, in
particular his continued interference with the way local authorities are
run, the firing and appointment of special interest councillors and related
issues.

Parliament’s local government committee chairperson Lynette Karenyi said Mr.
Chombo should be investigated for corruption, in particular the way he has
handled local authority issues.

Karenyi was presenting her committee’s report on the local government
ministry.

She said Mr. Chombo was biased in the way he fired and retained some
councillors convicted or facing the same charges.

Most local authorities in the country are run by the Movement for Democratic
Change formation of Prime Minister Morgan Tsvangirai and Chombo is a Zanu-PF
minister. The MDC has previously accused him of meddling in local authority
matters.

The committee noted that while councillors should be investigated for
corruption, the minister must also be probed.

Karenyi said her committee is concerned that Mr. Chombo fired some
councillors even after they had been cleared of any wrong doing by the
courts.

These include councillors Warship Dumba of Ward 17 in Harare and Casper
Takura of Ward 20. The committee said these councillors should be
reinstated.

The committee criticised Mr. Chombo for selectively appointing special
interest councillors saying investigations show most, if not all, were from
one party and did not represent any special interest groups.

Karenyi said examples of Zanu-PF losing candidates who were appointed
special interest councillors include Esau Mupfumi in Mutare, Justice
Minister Patrick Chinamasa’s wife, Monica, and serving senator Chief
Chiduku, who is a special interest councillor in Makoni Rural District
Council.

The committee said the minister should stop interfering in the operations of
councils and ensure the law is applied fairly.  Mr. Chombo was not present
during the presentation of the findings.

Anjin relocates 35-member family to squalid home

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

Tuesday, 04 June 2013 12:45
HARARE - A thirty five-member family is being forced by a Chinese-owned
diamond mining company to share a squalid house in Arda Transau after they
were evicted from their spacious homestead in Marange.

Diamond miner Anjin Investments relocated some of the 800 families from
their homesteads in the diamond-rich Marange fields on the strength of
promises that they were going to be awarded new homes and many other
incentives.

Eighty-eight year-old Philimon Kambeni, who is battling health woes and
advanced age has 14 wives and 20 children who are now living in squalid
conditions in Arda Transau.

The Kambeni family says it had lived comfortably since the liberation
struggle until the discovery of the diamonds, which caused their eviction.

With an eight bedroomed house, six of the wives have no bedrooms, creating a
crisis for Kambeni.

“Where our homestead used to be is where their machines are, what we called
our farms are now their dams,” Idah, one of Kambeni’s wives said.

“And they abandon us to farm compounds? No! Our children were kicked out of
school and we had to make thousands of bricks for the school so they could
be admitted back in school,” she said.

Anjin investments, which is in a joint venture with the government, is
accused by many in this community of reneging on promises to ensure families
uprooted from the rich alluvial diamond fields have a good and stable life.

“Anjin has failed us, they have not fulfilled the promises they made,”
chipped in Miriam, Kambeni’s oldest wife. “We were supposed to be moved to
Arda Transau but were temporarily moved into the compounds and it has been
over two years now.”

The wives say they had bedrooms of their own, granary and kitchen each
before they were moved. They complained that their crops were destroyed in
the process and now are living like destitute.

The shortage of bedrooms has created problems for the wives together with
their children.

Munyaradzi Machacha, a director at Anjin, said they had referred the
Kambenis’ matter to the Manicaland governor Chris Mushowe office.

“I know about his case, and that is the design he gave us, we built the
house according to his instructions, we have now referred the matter to the
governor, the company is no longer dealing with it,” he said. - Bridget
Mananavire

Villagers walk out on Chief Charumbira

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

Tuesday, 04 June 2013 12:40

MASVINGO - Scores of villagers in Masvingo West walked away while the
president of the Chiefs Council, Fortune Charumbira was spewing Zanu PF
platitudes on Sunday.

Villagers told the Daily News that they had attended Chief Charumbira’s
meetings after they were instructed by village heads that the meeting will
announce a new food distribution programme.

Charumbira is said to have called up four aspiring Zanu PF candidates to
introduce them to the people.

Innocent Mutanha said some villagers were forced to walk for over 30km to
the rally held at Charumbira Business Centre near the chief’s homestead, and
were angered to find out they had been fooled to believe that the agenda of
the meeting was food, when it was a ploy to introduce Zanu PF candidates for
Masvingo West Constituency.

“Hundreds of villagers including myself who had travelled long distances
after being misled by Charumbira walked away the moment he attempted to
introduce four aspiring candidates for his party primaries,” said Mutanha
from Mujuru village.

Chief Charumbira allegedly called up four aspiring candidates, Namatirai
Chivhanga, Ezra Chadzamira, Jabulani Mbetu and Beji Ndebele and ordered
villagers to back any one of them in the Zanu PF primaries.

The winner is set to square off with MDC candidate, Takanai Mureyi, who is
uncontested in his party.

Fuming villagers said the meeting turned to be a rally by the traditional
leader, who is barred from meddling in politics under the new Constitutional
order.

Chief Charumbira declined to comment.

“I cannot comment to you about that now because I am at a funeral and I am
not aware of what you are asking me,” he said before hanging up his mobile
phone.

Villagers accused him of continuing dabbling in politics.

“We had to walk away when we realised he was going into politics by calling
Zanu PF candidates. At first he told us that food was coming to the villages
as government has since started importing maize from Zambia and we were okay
with that,” said another villager who spoke on condition of anonymity.

“But when he turned to politics, we left the rally because we are aware that
the new Constitution does not allow traditional leaders to meddle in
politics.”

MDC Masvingo provincial spokesperson, Harrison Mudzuri lambasted Chief
Charumbira.

“Its very unfortunate that the president of the Chiefs Council becomes the
first person to violate the new Constitution,” Muedzuri said.

“He is supposed to lead by example but he is setting the wrong tone to other
chiefs and village heads. As MDC, we wish to have the powers to take
necessary action and deal with such people who are actually saying the
Constitution is nothing by deliberately failing to respect it.” - Godfrey
Mtimba

Zimbabwean Scientist Awarded Stockholm Water Prize

http://www.voazimbabwe.com/

Ray Choto
03.06.2013

WASHINGTON, DC — A Zimbabwean scientist is this year’s Stockholm Water Prize
recipient for his innovations in safe sanitation and clean water supplies.

Dr. Peter Morgan, a former civil servant with the Ministry of Health, will
receive his prize of $150 thousand and a crystal sculpture at a ceremony in
Stockholm during World Water Week in September.

Some of Dr. Morgan’s innovations adapted by the Zimbabwe government include
the Bush Water Pump, the Blair Ventilated Pit Latrine and the upgraded
family well, used mainly by rural communities. The 70-year old researcher
says the technologies he designed are also being used in other African
countries. For each of his technologies, Dr. Morgan says he developed a wide
range of training and educational materials to help communities install and
maintain them without expert supervision.

Dr. Morgan calls the award an “honour” not only for him, but for all the
people of Zimbabwe.

“I think it means the recognition to me personally," Morgan said.  “It means
the recognition of perhaps most of my lifetime’s work, which has been
dedicated to this area.  For the country I think it’s important to many of
my colleagues here within the [inaudible] community and within the
government have told me that it means a lot to Zimbabwe, as well, to be
recognized for the work that we have done in this country to actually push
the state of the art forward.”

Dr. Morgan is a naturalized Zimbabwean.  He was born in 1943 and educated in
England where he graduated with a Ph.D. in marine biology. He worked as a
chief research officer at the Ministry of Health’s Blair Research Institute
in Harare, now called the National Institute of Health Research.  In 1991,
he was awarded member of the Order of the British Empire (OBE).  Dr. Morgan
has received many other awards and distinctions, including the International
Inventors Award, the AMCOW Africasan Award for Technical Innovation in
Sanitation, and the Rural Water Supply Network Award for Lifetime Services
to Rural Water Supply.

The Sweden-based Stockholm prize committee, which has selected a winner
every year since 1991, says Dr. Morgan was chosen for what they called his
“unwavering commitment to inventing low-cost practical solutions to provide
access to safe sanitation and clean water to millions of people worldwide.”
The Director of the Stockholm Water Prize, Mr. Jens Berggren, says making
the selection was not easy, but Morgan’s work was special because its
beneficiaries were the poor.

“I think the [inaudible] nomination committee was really impressed that he
has done over the past 40 years," said Mr. Berggren, "sort of effortlessly
supporting the lives of poor people out there by designing and inventing new
solutions for—especially poor people’s—access to good sanitation and good,
clean drinking water.”

According to the committee’s website, the purpose of the award is to
recognize what it calls the world’s most visionary minds for driving “water
development forward.”

Reviving Zimbabwe’s ‘Growth Points’

http://www.ipsnews.net/

By Michelle Chifamba

While most Zimbabweans are now informal traders, it is very difficult for
the economy to grow and create more development. Credit: Ignatius Banda/IPS

Jun 4 2013 (IPS) - More than three decades after Zimbabwe’s independence,
the idea of developing its rural areas seems to have been laid to rest, as
points intended for development have been turned into beer outlets, which
seem to be more lucrative than industry.

But across the country, those in rural areas are calling for the revival of
growth points, the term for the areas set aside for development, even as
this southern African nation’s government admitted in January that it had no
money to pay for its upcoming general elections.

According to analysts, growth points were meant to develop into towns,
complete with their own industries and housing estates. Their purpose was to
provide employment in rural areas and improve the local economy, without
forcing people to migrate to large cities and towns to find work.

“During the 1980s many growth points were seeded by the government.
Investors, mainly in the form of commercial businessmen, were helped to put
up structures and start viable businesses, either as individuals or as
co-operatives,” Wisedom Ncube, a sociologist from the University of
Zimbabwe, told IPS.

“It seems that most growth points are failing to attract meaningful
investment except for the building of a few government departments and Grain
Marketing Board silos, which have gradually become white elephants,” he
said.

People IPS spoke to said that even though the government was in financial
trouble, it needed to do something to revive growth points across the
country. In January Minister of Finance Tendai Biti told reporters that the
country only had 217 dollars left in its public bank account after paying
civil servants.

James Mazazi, the village headman in Zvimba, Mashonaland West Province, in
central Zimbabwe, is one of those who hold that opinion.

“As years go by, there have not been any meaningful changes at the centres
three decades after independence. Pubs are still popular as they were back
in the day. Many of our children have crossed the boarders in search of
better prospects because the shops that are opened no longer get any
assistance from government (to grow their business) and they have remained
general dealers,” he told IPS.

Mazazi said that no real development had occurred.

“The government promised to bring investment and create jobs for our youths,
but over the years nothing credible has happened and our youths continue to
rely heavily on farming as a form of employment,” he said.

And in Zvimba, where the rainfall is erratic and the quality of the soil
poor, this is not a guaranteed way to earn a living.

“Here in Zvimba the farming is not reliable. It is even more difficult to
make a living as a result,” said Mazazi.

Zimbabwe and its people have suffered from decades of economic and political
turmoil, which gradually caused many manufacturing companies to shut down in
the major cities of Harare, Bulawayo and Gweru. Between 2003 and 2009, the
country had one of the worst rates of hyperinflation in the world and its
year on year inflation was reported as 231 percent.

This was compounded by an ailing rail and air system. Eventually, growth
points faced neglect as they were never developed to serve their intended
purposes.

However, dotted across the country, vast acres of land that were intended to
be growth points lie dormant.

“The concept of growth points was mooted by the Zimbabwean government in the
1980s as a means to decongest cities and towns. This was done mainly to curb
the rural-to-urban migration through employment creation and the availing of
basic services to people in rural areas. Almost three decades later, most of
the growth points are undeveloped with beer outlets being the most lucrative
businesses,” University of Zimbabwe-based rural and urban planner, and
analyst, Innocent Chakanyuka, told IPS.

A rural councillor from Mrewa, Mashonaland East Province, Mathew Nyawasha,
said the youth were suffering in poverty due to unemployment despite the
potential for job creation at growth point centres.

“If the growth points are developed into industries and employment is
created, most of our youth who are now living as refugees in foreign lands
might decide to come back and have a better future here where they can live
closer to their families,” Nyawasha told IPS.

Silvester Candiero, headman for Nhongo village in Gokwe, a small town in
Midlands Province, told IPS that cotton ginneries and tobacco sales offices
should be located at growth points. This, he said, would save farmers the
tiresome journey to Harare and the hassles that are associated with selling
tobacco leaves.

“Tobacco farmers travel considerable distances to Harare and some will be
stranded in the capital were they spend weeks or months without any roofs
over their heads. After getting paid most of the farmers are swindled by the
thieves and money mongers from Harare so they are broke by the time they
return,” said Candiero.

Economists have attributed the failure to improve growth points to the
current and prevailing economic conditions. They believe that, to some
extent, the government-induced, fast-track land redistribution process could
have triggered underdevelopment. Over 3,000 mostly white commercial farmers
were thrown off their land beginning in 2000.

“While most people are now informal traders, it is very difficult for the
economy to grow and create more development,” Tendayi Muchemedza, an
economist with mining consultancy Environmental Eagles, told IPS.

“The economy is sliding down – instead of growing forward we are shifting
backwards. Farming has shifted from commercial to subsistence farming, and
there are no industries and the small shops, which remain open at growth
points, are general dealers. There is no growth in the country at large and
so we cannot expect growth at the growth points,” added Muchemedza.

Interview: Tsvangirai rules out post-election retribution

http://www.newzimbabwe.com/

 

 

04/06/2013 00:00:00 by Zambia Post

MDC-T leader and Prime Minister Morgan Tsvangirai has pledged to accept the outcome of elections which the courts ruled must be held by July 31 on condition the “standards are acceptable”. The MDC-T leader ruled out retribution against past abuses should he win the vote, warning this could destabilise the country. In an interview with the Zambia Post, Tsvangirai, said the country would need a new reconciliation policy but insisted that the law would however take its course in cases relating to corruption  POST: Mr Prime Minister, how ready is Zimbabwe for elections? President Robert Mugabe signed the constitution a few weeks ago. TSVANGIRAI: Zimbabwe will be ready for elections this year. But there are a number of reforms that are necessary before that election can be conducted in terms of the agreed steps. There are legal and political reforms that are necessary as we go towards the elections. POST: What are those legal issues? TSVANGIRAI: We need to have one month voter registration, at least one month. Then to be followed by one month voter inspection. Then you need another 45 days’ notice. Whether that notice proclamation of date of election will be done concurrently with these exercises is another matter. But as far as we are concerned, those are the legal steps. However, there are political reforms that are necessary that we agreed before and are necessary. Key among them is the issue of media reforms, the issue…now that the constitution has been signed it binds our security sector to conditions that will act as a realignment because one of the key factors as far as this sector is concerned is that they have to be professional and non-partisan. So I hope that the new constitution will set in the new rules. Besides we need a code of conduct for this sector. Then you have got the issues that I have just talked about. Then you have got the issues of ensuring that the environment is freed from violence. The hygiene issues of how do we ensure that people are able to express themselves. So I think overall, we are ready for elections. But I think these needs are preconditions to conduct a free and fair, credible, legitimate elections. POST: There are people like Dr Ibo Mandaza and Professor Mudhuku who are cautiously optimistic about this new constitution. And more so that these elections will be conducted under the old and new constitutions. TSVANGIRAI: Well there are some aspects of the old constitution that will transit into the new constitution. But there are other realignments of laws that are mandatory because of the changes in the new constitution. For instance, we moved away from a constituency-based elections to a hybrid of constituencies and proportional representation. Those changes have to be effected. And for us, they are part of the electoral amendments that are coming and other laws that impinge on the right of people to have free expression like POSA (Public Order and Security Act), AIPA (Access to Information and Privacy Act), these are laws that need certainly to be adjusted to the new constitutional dispensation. POST: The President also spoke about SADC helping to mobilise resources for Zimbabwe for elections. I read that other organsations such as the UN and Western agencies are not welcome in terms of contributing resources? TSVANGIRAI: Beggars are no choosers as far as I'm concerned. Zimbabwe cannot choose who gives them money for elections. And besides, let me correct one impression. SADC is not convening a summit to mobilise resources for Zimbabwe elections. SADC is going to be convened because you need a summit to assess the preparedness of Zimbabwe elections conditions. It is something that we have talked to SADC leaders and they all agree that there is need for that summit to take place in order to have that evaluation. The question of funding will be part of that discussion but we already have an offer from UNDP. Why are we not accepting that offer? Why are we putting preconditions to people who are offering us help? So as far as my party is concerned, we should accept UNDP funding. It is an international United Nations body. Why should we shun that? POST: Probably they are looked at as an imperialist organisation. And President Mugabe yesterday was talking about people rejecting you and MDC-T so that they don't derail the gains from independence. And why is it that there is always the imperialist tag on you from ZANU-PF? TSVANGIRAI: You see the problem with ZANU-PF and President Mugabe in particular, one can forgive them for burying their heads in the sand. They think that the country cannot move forward because of the liberation struggle. The liberation struggle was meant to free Zimbabweans. It's over. What we should be talking about is economic empowerment, economic upliftment and progress. Those are the challenges of the future. The young unemployed, the economic malaise that has gripped this country, those are the issues. It's not about whether anyone can betray the country. We are all patriotic. And patriotism is not measured by one party. It's measured by everyone. Everyone wants to see the best of this country. So the question of challenging people's patriotism and patriotic commitment, I think is a misdirection. And to say that people should vote always remembering that they were colonised is just archaic and it's not the real issue. Ask the people, what are their aspirations and expectations of the current situation. They will tell you that unemployment is a big challenge. That economic decline is the one that has affected Zimbabweans, corruption is the issue, so those are the issues that we should focus on. Who has the best plan to deal with these issues? POST: Prior to the Global Political Agreement (GPA) of 15th September, 2008, the main issue was the incumbent not accepting results. For instance the results were first delayed, then violence followed and you pulled out of the elections. Another issue was that some army officers saying they will never salute you even if you won. After these elections, its winner takes all and there won't be any position of Prime Minister or the GPA. Do you think political players will accept victory and defeat? TSVANGIRAI: Well, we talk about the protection of the security of the vote and security of the outcome of elections. Which means that it must be respected. This is what SADC expects, this is what AU expects. For anyone to refuse to accept the mandate of the people is undemocratic. Not only that but it is against any norms and standards that SADC would have set. Or it is tantamount to a coup. POST: We had the African Union (Summit) recently. TSVANGIRAI: Yes. POST: And you didn't go? TSVANGIRAI:  No I didn't go. POST: But I thought they were also discussing Zimbabwe, Madagascar and Congo? TSVANGIRAI: Well, unfortunately there were circumstances that prevented me from attending. I couldn't make it. POST: And you think the African Union is doing much in terms of helping resolve the problems here in Zimbabwe and even in Africa. TSVANGIRAI: No, no, but AU always allows its regional bodies and blocs to deal with issues in their region. In this case SADC is gripped with the issue of Zimbabwe. There is a facilitator, they are discussing. They are having a summit. So I believe that the AU always accepts the recommendations from its regional bodies. POST: You are having these internal party elections. How free and fair are they because I have seen that there are some problems… TSVANGIRAI: Well, I want to tell you one thing. Sometimes you are misled by what you read in the state newspapers. Ask us how it is going. POST: How is it going? TSVANGIRAI: Well, the internal primary elections are going on very well. We have had the most democratic expression by our members. There is an electoral college for each constituency. There are teams that are there. All candidates so far have accepted that so far this is the most democratic open process. If we can do this in the national context, then Zimbabwe will be on an irreversible path to democratic culture. POST: Let me take you back to the clipping of presidential powers in the new constitution. Were they just directed at President Mugabe or you are doing it because you want to show people that you are ready to have power clipped too? TSVANGIRAI: I mean one of the biggest complaints in the crisis of governance in this country is the one man rule, the over-bearing presidency without any checks and balances. I believe that is one of the things that have been rectified. The President has executive authority. Somebody has to be in authority, but certainly must exercise those powers with some checks and balances. Otherwise unbridled power is going to create corruption. So I subscribed to what has been contained in the constitution. POST: Prof Madhuku talks about issues of land in the constitution. How has that been addressed? TSVANGIRAI: Well the land question is an on-going debate in Zimbabwe. It has not ended with the haphazard land reforms that were exercised by ZANU-PF. What we need now is to restore the land market because that is the only way in which you can restore financing in agriculture. We have a big problem of people putting money into agriculture because there is no collateral. Even the 99-year leases have not been collateralised. So what we need is to create a land market so that people can have title, can go to the bank, that they invest…that is the only way you have money back into agriculture and it used to be but this time people have been allocated…so we need to have a land commission which rationalises ownership, which rationalises distribution, and which ensures that for the first time we have a reversal of what I would call the de-communalising of the commercial areas. POST: Now Zimbabwe's relationship with Zambia…when Sata won as President, you congratulated him. TSVANGIRAI: Yes, we did. POST: But after that he undertook a tour to Zimbabwe where he spoke against MDC-T and other issues… TSVANGIRAI: Well, we as MDC believe in good neighbourliness. We don't believe we choose people's presidents in Zambia or anywhere else. We believe that the people must have unimpeded right to choose their leaders. Once they have chosen their leaders, who are we to question their wisdom? So we can relate to anyone. I have no problems with President Sata. We have interacted every time we have met. POST: His closeness with President…? TSVANGIRAI: President Mugabe? It doesn't affect me at all. Is it a policy relationship or a personal relationship. Does Zambia change its policy towards Zimbabwe because President Mugabe and President Sata have a cosy relationship? POST: But these leaders label MDC-T as a Western party? TSVANGIRAI: Well this is the nationalist mantra, which does not go with the current. There is no east or west. We are part of the global village. We are an independent country. We relate to all and everybody. But what should be at the forefront of our policy thrust is Zimbabwe's interest. We engage anyone, west, east on the basis: are they promoting Zimbabwe's interest, political, economic and social interest? So if President Sata or anyone is against the West, that is their problem. It's not our problem. Right! Diplomatically, we engage Chinese, we engage the Americans, we engage the Europeans and for me that's how it should be. That's how we should define our foreign policy. That our foreign policy must be defined by the economic and political interest of Zimbabwe. POST: Zambia is selling Zimbabwe maize on a government-to-government contract. But minister Tendai Biti was against that kind of contract; that the maize might be used for political appeasement. TSVANGIRAI: Well, well, the thing is if the government of Zimbabwe is buying maize from the government of Zambia to feed Zimbabweans, how can that be abused by any political party for that matter or anybody to exploit that as if it's a political initiative of any particular individual? It's the government of Zimbabwe which is buying maize to feed its people. That's how it should be. We have had experiences in this country where food has been used as a political weapon. But this time around we will be vigilant to ensure that food gets to the people that need it because it is government food. POST: Mr Prime Minister, after one wins elections, like in Zambia, there is the history of prosecutions that follow former heads of state like, Dr Kaunda, Frederick Chiluba and now Rupiah Banda. TSVANGIRAI: Well, I think it's wrong. It's wrong to engage in retribution. I have no intention, my party has no intention to engage in retribution action. We have told people we have had a traumatic history ourselves. What we have to ensure is political stability. That political stability can only be assured when everyone feels safe. So you need to accept that there were victims of political violence in the past. We have Gugura Wundi, Murambatsvina, we have the 2008 elections. Yes that is the reality of the situation. POST: But maybe here it is violence and for some Zambian leaders, its issues to do with… TSVANGIRAI: Hold on Bivan. In 1980 we pronounced a reconciliation policy. I think in the post-election period we need to have a reconciliation policy. But that does not mean we should hide what the victims complain about. But you should also ensure that the perpetrators of that violence feel safe. Otherwise you will have an action, which then creates a reaction, and it perpetuates the instability of the country. We don't want that. POST: Maybe here its different. It's just violence and electoral malpractices. But in Zambia there are allegations of some former presidents and their children having their fingers in the till. TSVANGIRAI: If you violate the law, we have a zero tolerance towards corruption. If you break the law, you will be prosecuted. That should not be mistaken for victimisation because there is a tendency of always crying foul, that we are being victimised when you have actually committed a crime. So the question is that we have to be very careful, that there is no victimisation, that those who have broken the law will have to face the law. POST: Finally, what is your message to SADC as Zimbabwe goes to the polls? TSVANGIRAI: Well as Zimbabwe moves towards elections, we should learn from our past. Firstly that according to SADC rules for elections, SADC standards for elections, Zimbabwe must comply with those standards. Secondly, that the curatorship of this political transition is under the auspices of the SADC. So they have to accept that they have a responsibility of ensuring that elections are conducted in a free and fair and credible way. Lastly, its SADC's responsibility to ensure that we resolve the political crisis in Zimbabwe for the sake of economic benefits for everyone. Zimbabwe has become an albatross to the whole SADC region because of the economic malaise that is crippling this country. That has affected Zimbabwe. And so Zimbabwe cannot affect the whole region, must not be allowed to affect the whole region. It must be the engine of also contributing to the economic growth and prosperity of the region. So it's a very heavy responsibility of the part of SADC leaders to ensure that they nest this process to reach its logical conclusion and that conclusion is that the people of Zimbabwe must be given an opportunity to choose their leadership. That will be the end of the political crisis of Zimbabwe. POST: If they choose their leadership the other way round, are you going to accept the results and concede defeat? TSVANGIRAI: Well, look, if the standards are the same, if the standards are acceptable to all of us, why should I dispute the outcome. But all I'm saying is that I'm not going to play a doublespeak. If I don't win then I don't accept, if I lose I don't accept, No! No! No! We don't want double speak. We want standards to be acceptable to all parties that everyone is given a fair chance. That the people of Zimbabwe are given the right to chose. Then the outcome should not be disputed. We don't want a disputed outcome like we did in 2008. And we don't want this business of the losers to come through the backdoor in order to be accommodated. No!

 

 

Zimbabwe's New Constitution Still Work In Progress

http://editorials.voa.gov/

Editorial

This year’s constitutional referendum was both peaceful and credible, itself
marking an historic step forward.

06/03/2013

Following overwhelming voter approval of the draft document in March,
Zimbabwe President Robert Mugabe has signed into law a new constitution for
the Southern African nation. Flanked by Prime Minister Morgan Tsvangirai and
Vice President Joice Mujuru, Mugabe inked multiple copies of the state
charter in a ceremony in the capital Harare on May 22.

The action helps culminate a five-year process of political reform and paves
the way for a presidential election as early as this summer, the first since
a controversial 2008 vote that was marred by incidents of political
violence. By contrast, this year’s constitutional referendum was both
peaceful and credible, itself marking an historic step forward in Zimbabwe’s
development of democracy and rule of law.

The new constitution limits the president to two terms, expands legislative
checks on the executive, and enhances freedom of the media. It increases the
size of Parliament and devolves more power to local authorities. It also
promotes gender equity, creates a constitutional court and enforces
fundamental rights.

The United States congratulates the people and the government of Zimbabwe
for taking another step in an important process started in 1980 to establish
freedom for all of the nation’s citizens. That work must continue, however,
to implement the various reform provisions that remain unaddressed.

For a smooth election, electoral laws must be amended and voter registration
must accommodate Zimbabwean-born residents formerly considered “aliens.” The
charter requires a voter registration period of 30 days, so time is needed
to organize these efforts. Action should now be taken to open up the
broadcast media sector and ensure non-partisan application of the rule of
law.

The United States believes that all political parties, civil society groups
and individuals have a right to operate freely and express their views
peacefully. In any country, this is crucial for credible, fair elections.

Elections ruling will open floodgates

Given the dichotomy of our political landscape and polarisation of the nation which worsened in the last decade, mixed reactions to the precedential elections judgement by the Constitutional Court were to be expected. It would have been most surprising if Jonathan Moyo was not among the first to comment. As for Lovemore Madhuku, despite his intelligence and bravery, he has increasingly become a solitary voice seemingly suffering from identity crisis.

While the true identity and motive of Jealousy Mawarire’s sponsors can be a matter for another day, what’s most significant is that he is a citizen of Zimbabwe who approached a Zimbabwean court with a case whose outcome is now in the public domain. The case put to bed any debate around June 29.

Disregarding political considerations or implications, every law-abiding Zimbabweans must be encouraged by this historic court ruling as it sets a precedent that the Constitutional Court will be called upon to reflect on as well as uphold in future. The nation now expects nothing short of consistency from the same court, which consistency must entail an equal degree of expediency, impartiality and professionalism.

We have had cases sitting in our courts for many years, some of them pretty urgent, without any determination or hearing. Some have been postponed on several occasions for reasons that were not at all convincing. For nearly five years, several constituencies have gone without parliamentary representation despite cases of by-elections brought before the courts. With this ruling, we hope this will now be a matter for historians. 

President Mugabe has since declared that he will abide by the court ruling. This is both fascinating and encouraging. Fascinating in that he is the same leader whose party has disregarded court rulings in the past, encouraging in that we now expect all court rulings to be abided by in future. Nobody has the right to pick and choose which rulings to abide by and which ones to disregard. Having said that, proclamation of the election date before the next Sadc summit in Mozambique is a very remote possibility. There are critical stakeholders to our crisis who cannot simply be wished away.

The new constitution is unequivocal on the role and conduct of members of the security services. They have to be apolitical, professional and non-partisan. It goes further to say they cannot hold any position in any political party.

Using Mawarire’s case as reference, ordinary Zimbabweans can now approach the Constitutional Court for redress should they know of any security services officer who is also an active member of a political party. Those who sit in the Politburo or Central Committee or wish to contest the next elections must think seriously about their positions. Any general making inappropriate comments or pronouncements of a political nature must be arraigned before the Constitutional Court. There is need to uphold the supreme law of the land.

The new constitution is also very clear on the process for voter registration. Anything short of the mandatory 30-day registration requirement must be challenged at the Constitutional Court. The process has to be transparent. Should we continue to receive hate speech and inflammatory reporting from state media, we now have the determination to seek redress in court. For this constitution to work, every Zimbabwean must make an effort to enforce it.

Now that the court has virtually opened floodgates through Mawarire’s case, we don’t want to hear baby cries of “we are understaffed” in future. All deserving cases must be treated with the same measure of urgency.

With the timeframe for elections legally determined, the nation curiously waits to see if indeed ZANU PF’s call for early elections was genuine. Their preparedness will be tested in the coming days. Completing the ongoing restructuring exercise, drafting rules for primary elections and agreeing on them, holding the primaries, healing the wounds, moving on to campaigning, all in less than eight weeks, will be a very interesting development. Let’s see who is going to be under pressure.

Moses Chamboko writes in his personal capacity. He can be contacted at chambokom@gmail.com

Supreme court judgment from a Constitutional Lawyer’s perspective

http://www.mdczim.net/

Tuesday 4th June 2013 - 12:48 PM

By Professor Welshman Ncube

A judgment by the final court in the land has far reaching implications
considering that, if it is wrong, it is uncorrectable. The power to be the
final arbiter in any country surely carries with it immense responsibility.
Thus any final court in any country should be scrupulously careful and
responsible.

We all need to respect court judgments because not to do so invites anarchy.
Courts of law should in turn avoid, at all costs, inviting intellectual
ridicule on themselves. When you have immense final judicial authority, as
does our Constitutional Court, you must not make judgments which tell us
that 1 plus 1 equals 3. We all know that 1 plus 1 equals 2 NOT 3.

No court of law should ask us to believe and accept that 1 plus 1 equals 3.
I have read and reread the majority judgment over and over, again and again
and I have read again and again the provisions of the former constitution
and the current constitution that fell for interpretation and my mind
refuses to accept the possibility of the correctness of that judgment.

To accept that judgment as correct would amount to me committing grave
violence on my intellect. With the greatest respect, the majority judgment
is PLAINLY wrong. One plus one is not three. Yes, the judgment binds us and
we have to comply with it to the extent that it will be possible to do so,
but we cannot accept that it is correct when it is plainly wrong.

Tsvangirai Must Form A Coalition To Have Any Chance In Upcoming Elections – By Simukai Tinhu

http://africanarguments.org/

On Friday the Constitutional Court of Zimbabwe ruled that the upcoming elections must be held by the 31st of July. This development confirms the suspicions of many that ZANU-PF intends to hold elections immediately after the expiry of the coalition government (29th June). This then leaves just a few weeks to carry out political and security sector reforms necessary for a free and fair election.

Triggered by an application challenging President Mugabe to announce an election date, the Constitutional Court’s ruling has been interpreted by opposition groups as yet another trick from the ZANU–PF political playbook. The allegation is that through this ruling (by a partisan court) ZANU–PF has effectively declared an election date.

According to the Global Political Agreement (GPA), the election date should be set by the executive in consultation with coalition partners. In other words, this development effectively circumvents the consultative process and gives Mugabe the authority to go ahead and set a date under the pretext that his choices are constricted by the court’s ruling.

This development should have come as no surprise to the opposition. The writing has been on the wall for a while – ZANU–PF has always insisted that it wants elections sooner rather that later, and those who follow Zimbabwean politics must have predicted that it was only a matter of time before President Mugabe’s party found a clandestine way to achieve that objective. Caught off guard, this ruling should act as a warning to the opposition that it is wise to plan for elections as if political reforms are not going to happen, and this means changing the campaign strategy.

Why Political Reforms are unlikely

Misplaced optimism that political reforms will be instituted before the elections has been fuelled by the peaceful referendum on the new constitution held in March this year, and also by a fundamental misunderstanding of ZANU–PF’s behaviour. By insisting on political reforms, the opposition and local democracy promotion groups are seriously misreading what has been President Mugabe’s political plan since 1980; an unequal level playing field having formed the steel frame of ZANU–PF’s political strategy since independence.

In its current coalition ZANU–PF, which occupies the executive, has stalled political reforms over the last four years by successfully limiting discourse and diverting discussion towards sanctions removal. It is now inconceivable that reforms will be instituted in the next few weeks, and for the MDC–T and MDC–N to devise campaign strategies based on the premise that President Mugabe’s party will acquiesce to their demands is bad planning.

Moreover, those that have been tasked with ensuring that reforms are carried out; the regional body of Southern African Development Community (SADC) and the South African government, do not have the motivation or a strategy to coerce ZANU–PF into implementing reforms. For example, SADC is almost always preoccupied with trade and economic issues, and appears to have little time and inclination for reform nor does it have a standing army or a sanctions regime that can act as a coercive threat.

The South African government itself does not have the courage to confront ZANU–PF. For example, recently, the South African delegation sent by President Jacob Zuma to monitor the progress of the reforms was chased out of the country by President Mugabe. It appears that without pressure from the EU and US, Zimbabwean elections are of little interest to South Africa, and President Zuma sees no incentive in pulling opposition and democracy groups out of the fire.

Another cause for concern is that whilst the West was a vocal critic of President Mugabe’s regime in the last decade, the EU and US in particular appear to have retreated. It seems the international community is attempting to avoid playing a heavy–handed role as in the previous elections where it was seen as overtly promoting opposition forces and demonising the ZANU-PF.

It is apparent that this time the international community has taken a hands–off approach on Zimbabwe’s internal politics, allowing the political process to drift. This policy of rapprochement from the international community (for example, the lifting of sanctions against ZANU–PF officials with virtually no political reforms having been made) has negatively impacted the pressure they can place on ZANU-PF to make reforms.

How to Defeat ZANU–PF

• Populism

Political party strategists should demonstrate an interest in underlying transitions at a wider level and perhaps more crucially, how those fundamental undercurrents are affecting political attitudes in their country. One of them is the increasing nationalistic attitudes of the young and educated urban populations in Africa. Buoyed by the ‘Africa rising’ narrative, nationalism is on the rise, and Zimbabwe is no exception. In the continent’s most recent elections in Zambia and Kenya, the victors – Michael Sata and Uhuru Kenyatta – ran sustained anti–western campaigns that drew the support of the young and educated.

If the opposition wants to succeed, they might as well embrace nationalism and adopt a position where they argue that they are the best guarantor of the independence legacy that has been betrayed by ZANU–PF. In other words, this time around Tsvangirai might need to wage a more populist, more aggressive campaign that might even be reminiscent of Mugabe’s tone (though moderated).

Tsvangirai should also attempt to convince some of Mugabe’s softer supporters that he can secure the gains of the current regime, such as land reform. This will put ZANU–PF in a defensive mode, and deprive them of ammunition to attack Tsvangirai as a neo–imperialist agent. However, the trouble with adopting such a strategy is that it needs time, and there is precious little of that if elections are indeed to be held by the 31st July.

• Undermining Elite Cohesion

The other pillar that should undergird any opposition movement is undermining ZANU-PF party unity. Currently, the ageing President skilfully manages a brittle internal balance of power between various factions. But maintaining such a balance is extremely difficult and a great deal of it is done via patronage politics. Undermining elite cohesion is likely to achieve two objectives. Targeting key individuals is an effective tactic that not only brings patronage networks, but the stalwart’s votes, and experience. Second, and at a  psychological level, drawing party stalwarts counters the narrative that ZANU–PF’s unity is invincible.

• Coalition of the Opposition

One realistic campaign strategy remains: a coalition of opposition forces. The main opposition party (MDC–T) continues to be adamant that it will win on its own. Tsvangirai’s party seems oblivious to a mountain of complex of problems it faces; a dwindling support base, unequal level playing field, circumscribed regional and international support, a surge in ZANU–PF popularity and also a crowded opposition space with reportedly 28 eight candidates vying for the Presidency. MDC–T needs to rein in, be realistic and understand that joining a coalition should not be considered discretionary.

There are three reasons why the MDC–T should not go it alone:

• Historical precedent: the opposition has failed in the previous elections to get into power despite odds being slightly better than today. Also, those in favour of a one party strategy are blind to the fact that no single political party has successfully challenged ZANU–PF’s stranglehold on Zimbabwean politics since independence.

• The coalition will not only change the fundamentals of Zimbabwean opposition, but also the very terms in which the Zimbabweans think about and define national politics.

• Considering that there is unlikely to be political reform, this strategy is logical. The greater chance to topple Mugabe is when the opposition combines its efforts, resources and votes.

Who should join MDC–T?

MDC–T, despite its faults in coalition, remains the anchor of the opposition and should therefore take a lead in any negotiations. Building a strong coalition should be limited to MDC–N led by Welshman Ncube to back Tsvangirai as the presidential candidate. Ncube is a polarising figure and is perceived as being vocal on behalf of the voters from Matabeleland and the Midlands regions.  But it is precisely because of this quality that he is in a unique position to mobilise votes from these two regions.

Drawing Simba Makoni (Mavambo/Kusile/Dawn) and Dumiso Dabengwa (ZAPU – PF) into an alliance might be problematic. Politically both men were creations of ZANU–PF and still benefit materially from ancient ZANU–PF patronage networks. It is not unreasonable that some see Dabengwa and Makoni’s political parties as proxies created by ZANU–PF to disrupt the strength of the opposition.

The differences between the MDC–T and MDC–N leaders are fundamental. Ncube accuses Tsvangirai of being weak on democratic and leadership credentials, while the MDC–T leader accuses Ncube of being provincial. In addition, each man sees himself as best suited to stand as the Presidential candidate.

How could it be done?

In order to create an environment for constructive dialogue, relations between Tsvangirai and Ncube need to be reset. Tsvangirai must desist from making statements that risk pushing Ncube’s party further away. It is important to remind ourselves that Ncube is one of the architects and ideologues of the original MDC. Instead of ridiculing him, Tsvangirai must acknowledge his contribution and treat him as a friend who must be embraced. He also needs to acknowledge Ncube’s growing influence and support in the Matabeleland and Midland regions.

In extending an olive branch, MDC–T must attempt to address some of Ncube’s legitimate grievances. Ncube remains convinced that Tsvangirai and his inner circle worked to block his ascent to the top of the party. Ncube also alleges that MDC–T has deliberately undermined his party by labelling it as ‘tribal’ or provincial.

Whilst the above are manageable problems, more difficult is the discussion of who is going to be offered what as part of the strategic partnership. The onus of the main MDC is to be seen to be generous in what it offers. Ncube’s party will seek assurances on key positions in return for backing the coalition as they cannot be expected to relinquish their independence without getting tangible offers in return.  Equally, the MDC–N leader will need to display humility and self discipline.

Despite their differences, a coalition of the opposition is a possible and viable strategy. The two parties have a convergent interest of getting rid of President Mugabe. We also have to remind ourselves that in the 2008 Presidential elections the MDC–N leader urged his supporters to vote for Simba Makoni. Such an unprecedented overture shows Ncube’s pragmatic side and that he is open to negotiations.

Not forming a coalition is not an option

Failure to form a united opposition is a prescription for defeat. The MDC–T is trailing ZANU–PF in polls and no one who is seriously concerned with political and electoral strategies can afford to ignore these, no matter how flawed or old they are. Not only do the polls show that ZANU–PF support has surged but most importantly, the party may use these numbers to justify a rigged electoral ‘win’. Poor shows at rallies, an unequal level playing field and circumscribed regional and international support also counts against the MDC-T.

Politics needs ideals and policies, but most crucially a sense of direction. Post-independence electoral history of Zimbabwe has two important lessons: No political party has successfully challenged President Mugabe on its own and preoccupation with legality and political reforms in a ZANU–PF dominated Zimbabwe does not work. This is a reality that is still to register with the opposition.

ZANU–PF is corrupt, ruthless and violent, but nobody can accuse President Mugabe’s party of being directionless. They alone seem to know how to get what they want in the next elections and they may well be rewarded for that. Their adversaries should be wise enough to draw together and substitute competition for political union. A coalition coupled with an effective campaign strategy offers better chances.

Simukai Tinhu is a political analyst based in London.