AU court orders Zim to allow the Diaspora to vote

http://www.swradioafrica.com

By Alex Bell
12 March 2013

The African Commission on Human and People’s Rights has ordered the Zimbabwe
government to make provisions to allow Zimbabweans abroad to vote in
Saturday’s referendum.

This decision was made at the end of last month’s Commission meeting in The
Gambia, but the details were only recently communicated to the Zimbabwe
Lawyers for Human Rights (ZLHR). The lawyers had filed the case before the
Commission last December, on behalf of exiled Zimbabweans Gabriel Shumba,
Kumbirai Tasuwa Muchemwa, Gilbert Chamunorwa, Diana Zimbudzana and Solomon
Sairos Chikohwero.

The Commission directed the government to provide all eligible voters,
including the five mentioned in the case, the same voting facilities it
affords to Zimbabweans working abroad in the service of the government.
According to that order, Zimbabweans abroad should all have the right to use
the postal voting system that diplomats and other government officials
abroad use to vote.

The Commission stated that the government must report back on the
implementation of the provisional measures requested within 15 days of
receipt the order, but it is not clear when this deadline is.

It is unlikely this deadline will be before Saturday’s referendum, and the
Zimbabwe Electoral Commission has already stated that normal postal votes
for people in government service in the Diaspora will not be provided this
weekend, due to time constraints.

Exiled human rights lawyer Gabriel Shumba, who led the application, told SW
Radio Africa that they don’t expect the provisions will be in place for a
postal vote this weekend. He said the Commission’s decision however sets an
important legal precedent ahead of the general elections later this year.

But he added that he wouldn’t be surprised if the government does not honour
the Commission’s ruling, saying: “It would not be the first time the
government has ignored regional court rulings, for example they ignored the
SADC Tribunal. They even ignore rulings made in the country.”

He explained that if the govern did ignore the order, this contempt would
have to be handled by the African Union (AU).

“For us it means that there could be other avenues of human rights and
political advocacy to follow. The key element for us is that the order has
been passed and this is a legal order that we can then use in the future,”
Shumba said.

Confusion grows over constitution ‘anomalies’

Tsvangirai: Unity Govt Undecided on International Referendum Observers

http://www.voazimbabwe.com

Thomas Chirpasi, Marvellous Mhalnga-Nyahuye
12.03.2013

HARARE — Prime Minister Morgan Tsvangirai says unity government principals
have not yet made a concrete decision on inviting international observers to
monitor Zimbabwe’s fresh elections expected sometime this year, contrary to
remarks by the minister of foreign affairs that American and European Union
observers will be left out of the national event.

Addressing a news conference Tuesday at his Munhumutapa Offices in Harare
following a cabinet meeting and another one with President Robert Mugabe,
the prime minister said principals are yet to reach a consensus on the
invitation of international observers to monitor the polls.

“Contrary to recent public statements by some government officials, there is
no agreed government policy on the banning of international observers from
accreditation to observe the referendum and elections in Zimbabwe.

"While they can express their own opinions, no single party is entitled to
make public pronouncements of government policy without the agreement of the
other parties in the Inclusive government,” said Mr. Tsvangirai.

He further said: “One party’s policies on the issue of international
observers do not represent government policy.”

This statement by Mr. Tsvangirai, who is the spokesperson of the unity
government principals, differs sharply with the views of Foreign Affairs
Minister Simbarashe Mumbengegwi.

Mr. Mumbengegwi is on record as saying Zimbabwe will bar EU and American
observers from monitoring the country’s elections unless they lifted
sanctions imposed on Mr. Mugabe and some senior Zanu-PF officials.

Although the election date is yet to be announced, Mr. Tsvangirai said
government still has to mobilize resources from the international donor
community to finance the polls.

He said that after the March 16 constitutional referendum, there is still
need to synchronize the new constitution and electoral laws as well as
implementing key democratic reforms as outlined in the global political
agreement of power-sharing.

To this end, Mr. Tsvangirai said there might be need to seek parliamentary
approval to extend the life of the unity government.

Turning to the controversial issue of the Zimbabwe Electoral Commission
(ZEC) barring some local non-governmental organizations from observing the
Saturday referendum, Mr. Tsvangirai said the commission should not stop
anyone or civil society organizations from observing the polls.

ZEC had refused to accredit to some NGOs that are being investigated by the
police for various alleged offenses such as the possession of shortwave
radio receivers.

His remarks follow written complaints sent to the prime minister, Mr. Mugabe
and Deputy Prime Minister Arthur Mutambara by some civil society
organizations threatening to pull out of the referendum if some of them are
barred from observing the referendum.

Meanwhile, Mr. Tsvangirai announced that Supreme Court judge Rita Makarau
has been confirmed as the substantive chairperson of the electoral body.

Makarau takes over from retired judge Simpson Mutambanengwe, who resigned
last month citing ill-health.

Some VOA Studio 7 listeners say they are yet to lay their hands on the draft
charter. Gogo Lilian matutu is one of them. She said COPAC should have put a
mechanism in place to cater for the elderly and vulnerable groups.

Edward Katengwe, another listener in Mount Pleasant, Harare, said although
he has heard family and friends discuss the draft, he has not been able to
access a copy.

Zimbabwe PM clashes with Mugabe over poll observers

(AFP) – 1 hour ago

HARARE — Zimbabwe's Prime Minister Morgan Tsvangirai on Tuesday challenged
the claims of President Robert Mugabe's supporters that international
observers would not be allowed to monitor upcoming elections.
With Zimbabweans set to vote on a constitutional referendum on Saturday and
crunch elections expected in June or July, Tsvangirai insisted no decision
had yet been taken.
"There is no agreed government policy on the banning of international
observers," Tsvangirai told journalists after a meeting with his long-ruling
political rival, Mugabe.
Last month, Vice President Joice Mujuru, a close Mugabe ally, indicated that
observers from outside the region would not be allowed.
"There are very strong opinions that say some countries must be excluded
from international observation because of sanctions and others who believe
that there is nothing to hide," he told journalists.
"An announcement on the international observers will be made at the
appropriate time," Tsvangirai said, adding that it was still impossible to
decide on a firm date for the elections.
"It could be July, it could be June depending on the various stages that
need to be undertaken."
Cash-strapped Zimbabwe is struggling to raise funds for the two votes,
according to Finance Minister Tendai Biti.
An estimated $132 million is needed for the election alone
Tsvangirai said he will also hold further meetings with Mugabe to discuss
the police crackdown on civic society over the past weeks, which has
heightened a possibility of intimidation and violence ahead of the vote.

Zimbabwe rights groups plan to boycott Saturday vote monitoring to protest bans on activists

http://www.washingtonpost.com

By Associated Press, Updated: Wednesday, March 13, 3:45 AM

HARARE, Zimbabwe — Scores of in independent civic, pro-democracy and rights
groups said Tuesday they will boycott monitoring upcoming voting for a
referendum on a new constitution unless the state election commission
withdraws bans on activists that affect several key local organizations.

The commission has so far refused to accredit as poll monitors the members
of the Zimbabwe Association of Human Rights and says any groups under police
investigation will also be barred access to the March 16 polling.

At least four main groups have been raided by police searching for alleged
subversive materials this year. None has been convicted of any wrongdoing.

The Crisis Coalition, with about 300 affiliate member groups, said Tuesday
many will withdraw from “the observation process” if the election commission
does not reverse its “ludicrous stance” by late Wednesday.

McDonald Lewanika, the Crisis Coalition director, said none of the activists
affected have been pronounced guilty in competent courts of law and “for all
intents and purposes, including accreditation to observe the referendum,
they must be presumed innocent, until proven otherwise.”

He said the groups were under incessant harassment in recent weeks and
Crisis Coalition groups will be asked to withdraw from observation of the
referendum en masse if activists are “cavalierly barred from accreditation
without lawful cause.”

The Zimbabwe Human Rights Association, engaged in voter education programs,
is accused of illegally possessing and fraudulently obtaining official
voting materials. The director of the Zimbabwe Peace Project, a group
monitoring political intimidation, has been charged with running an
unregistered organization and the offices of the widely-respected
independent Zimbabwe Election Support were raided last month by police who
seized allegedly illegal radio receivers able to tune in to stations not
controlled by President Robert Mugabe’s state broadcasting monopoly.

Lewanika said the Crisis Coalition could no longer accept the continued
“criminalization of our legitimate activities.”

He said it was feared the clampdown on civic groups could be extended to
also bar them from monitoring crucial national elections, slated around
July, to end the shaky power-sharing government formed by regional leaders
after the last violent and disputed elections in 2008. Mugabe, 89, is to run
against the former opposition leader, Prime Minister Morgan Tsvangirai, 61,
in the presidential poll.

The election commission has already ruled that Western polling observers
will not be allowed to observe the referendum or the elections. Mugabe
expelled a European Union observer delegation midway through voting in 2002
marred by violence and alleged vote rigging.

Joyce Kazembe, acting head of the election commission and a known
sympathizer of Mugabe’s party, announced Friday Western embassies will be
allowed only five diplomats each to monitor Saturday’s referendum. She said
the United States and European embassies submitted lengthy lists of
officials seeking referendum accreditation.

She said the election commission and immigration authorities were on the
alert to stop “special agents from hostile governments” coming into the
country clandestinely to circumvent the ban on Western observer delegations.

Tsvangirai told reporters later Tuesday he was against any boycott by local
monitors.

Activists not convicted of any crime had a constitutional right to
participate in the conduct of voting and should be allowed to do so
unhindered, he said.

He said discussions are under way with Mugabe’s party to change its position
and accept Western observers for the main elections.

“No party has the right to make a statement on the participation of
international observers,” Tsvangirai said.

ZEC refuse to accredit some local NGOs

Sadc takes 100 poll observers to Zimbabwe

http://www.bdlive.co.za

BY RAY NDLOVU, MARCH 12 2013, 07:55

HARARE— The Southern African Development Community (Sadc) deployed election
observers at the weekend to monitor Zimbabwe’s referendum this Saturday, in
the first and strongest sign of the regional body’s involvement in the
country’s political processes.

Nearly 100 observers will be deployed throughout the country and will
observe voting at the 9,400 polling stations put up by the Zimbabwe Election
Commission (ZEC).

Bernard Membe, the head of the Sadc electoral observer mission, said he
expected a "huge turnout" of voters, while playing down concern over the
"incapacitation" of Sadc’s observer mission.

"The figure (100 observers) might appear inadequate, but Sadc will never
have the capacity to bring up to 1,000 observers, enough to cover all the
polling centres," Mr Membe said. "After all, we will not be doing much — we
will simply be observing the activities."

The Sadc observer mission is expected to leave Zimbabwe on March 20,
although it is uncertain if the election commission, which is required by
law to release the referendum results within five days of voting, will have
released the results by then.

Political tension, police-led crackdowns against nongovernmental
organisations and an increase in politically motivated violence by members
of President Robert Mugabe’s Zanu (PF) have intensified in recent weeks,
hampering the staging of the referendum.

Political observers and nongovernmental organisations yesterday criticised
Sadc over the late deployment of observers — a week before the referendum —
and its failure to play a watchdog role. "There will be very little impact
with the deployment of Sadc observers because an electoral or referendum
environment is not merely shaped by what happens a week before the polls, it
is a long, drawn-out development that stretches back 12 months if not more,"
said Trevor Maisiri, an analyst from the International Crisis Group.

Rashweat Mukundu, director of the Zimbabwe Democracy Institute, said
although the referendum vote — already endorsed by Zanu (PF) and the
Movement for Democratic Change (MDC) — was a foregone conclusion, Sadc had
failed to use it as a litmus test to gauge the prevailing mood ahead of the
general elections expected in midyear.

"The uncertainty, capacity and role of electoral bodies, the politicisation
of the elections such as the banning of international observers, and the
behaviour of police are important indicators that Sadc has missed out on,"
said Mr Mukundu.

The ZEC appeared to be in a dilemma on Friday at the launch of an
accreditation exercise, with the election commission falling short of
banning observers from the US and European Union (EU).

Five observers from the West would be accredited, according to ZEC
officials.

The ZEC is trying to maintain its impartiality in the referendum and
elections, with immense pressure being exerted on it by Zanu (PF), which is
opposed to international observers. Foreign Affairs Minister Simbarashe
Mumbengegwi, a senior member of Zanu (PF), last week ruled out allowing US
and EU observers to monitor the two polls. The MDC, led by Prime Minister
Morgan Tsvangirai, has crossed swords with Zanu (PF) over its unilateral
position and is challenging it.

On the eve of the observer deployment, on Saturday, the Sadc Troika on
Politics, Defence and Security held an emergency summit in South Africa to
discuss the surge in political violence in Zimbabwe. The troika called for
an end to the violence.

On Monday, Australia lifted sanctions against 55 Zimbabweans, saying that
"painfully slow" progress had been made by Zimbabwe in holding a referendum.
Australia’s decision follows the EU’s partial lifting of sanctions last
month.

The figure (100 observers) might appear inadequate, but Sadc will never have
the capacity to bring up to 1,000 observers

Biti trims down ZEC budget for referendum

http://www.swradioafrica.com/

By Tichaona Sibanda
12 March 2013

The Zimbabwe Electoral Commission’s (ZEC) $85 million budget to stage this
Saturday’s referendum was excessive and government had to scale it down to
realistic levels, Finance Minister Tendai Biti has said. He has reduced the
budget by $10 million.

Biti told journalists in Harare that he held a lengthy meeting with
President Robert Mugabe last week, where they decided to streamline the ZEC
budget. Justice and Legal Affairs Minister Patrick Chinamasa also attended
the meeting.

The Finance minister emphasized that the economy did not have the capacity
to finance the referendum and elections this year. He said they have already
given $31 million to ZEC, which was essential to cover all the core costs
that will allow the referendum to go ahead on Saturday.

The Minister broke down the money they gave ZEC as follows: $2 million for
indelible ink and ballot papers; $2.5 million for voter education pamphlets;
$3.5 for referendum materials; $3 million vehicle hire; half a million for
training and $20 million for administrative issues, of which $5 million will
be used to support the police.

Biti said during discussions with Mugabe and Chinamasa it was agreed to
slash the allowances that will be paid to election officials manning the
polling stations.

‘We are rationalising, particularly on allowances, scaling down costs to
realistic levels. From that point of view, we are ready for the referendum.
The bulk of what we have not covered is largely the allowances of the people
who will be manning the polling stations,’ he said.

Minister Biti said it was important to streamline the referendum budget as
they considered the ZEC budget too excessive.

‘Government recognizes the need for us to operate within our own means with
regards to the referendum. A combination of measures to rationalize payment
of allowances, containing the period of activities and personnel
requirements to the barest minimum will reduce next week’s referendum
requirements to under US$75 million,’ he said.

Government borrows from Old Mutual and NSSA to fund referendum

http://www.swradioafrica.com/

By Tichaona Sibanda
12 March 2013

The government said it has raised $40 million by borrowing from Old Mutual
and the National Social Security Authority (NSSA) to help fund this Saturday’s
referendum.

Finance minister Tendai Biti said on Monday they were able to raise the
funds through a “voluntary bond” sold to Old Mutual Plc’s local unit and
NSSA. Zimbabweans will vote on Saturday in a referendum on a draft
constitution, a crucial step toward a general election expected around July.

The government has been struggling to raise money to fund the presidential
and parliamentary elections that require $132 million.

Biti said treasury has so far released $31m to print ballot papers, buy
indelible voting ink and for the transport and training of 70,000 polling
officers. The Minister said things are ‘excruciatingly tight’ in funding the
referendum and election, which are just a few months apart, but remained
optimistic that ‘Zimbabwe will hold a successful referendum.’

Economic analyst Bekithemba Mhlanga told SW Radio Africa that what
government has done was simply approach the two well-resourced companies and
asked for funds.

‘This is a special debt where government has gone to Old Mutual and NSSA to
say can you borrow us $40 million and guarantee that you will get your money
back at an interest rate of 7 percent,’ Mhlanga said.

The economic analyst explained that the deal allows government to start its
repayments after a year-long grace period.

‘It is clear the government has failed to raise enough money for the
referendum and elections and therefore this has forced them to go to the two
pension funds to raise income for the Saturday vote,’ Mhlanga added.

Some questions will be raised as to why Biti sought help from Old Mutual,
which was recently criticized by Roy Bennett, the MDC-T treasurer-general,
for its involvement in the diamond sector.

Old Mutual is an indirect shareholder in the Mbada diamond mining firm, one
of the companies in a joint venture with the Zimbabwe Mining Development
Corporation in Marange. The ZMDC in turn is on the European list of targeted
sanctions, because of its links to the Mugabe regime.

Although Old Mutual has defended its position, serious concerns have been
raised about the group’s involvement in a trade that human rights defenders
believe is propping up the Mugabe regime.

It is for this reason that a UK parliamentarian has called for an
investigation into Old Mutual’s role in Marange. MP Kate Hoey has said that
Old Mutual needs to be probed for its working relationship with a company on
the sanctions list.

Bennett has also warned that the diamond sector remains under ZANU PF
control and the profits that are not benefiting Zimbabweans are instead
being used to help cleanse the party’s reputation.

Low Public Turnout in Referendum Meetings Worries Senator

http://www.voazimbabwe.com

Lordham Moyo, Taurai Shava
11.03.2013

MUTARE — With just a few days to go before the constitutional referendum on
Saturday, Manicaland provincial co-chairperson for the parliamentary
committee responsible for the draft charter, Senator Cephas Makuyana, says
he is worried by the poor public turn out at events called to review the
document.

Mr. Makuyana told VOA Studio 7 that the public turn out has not been
convincing in some of the areas they visited in the past weeks.

He said political parties have not done enough to mobilize and publicise the
outreach programs.

“For the past two weeks political parties have been organising meetings
which were poorly attended probably due to the fact that the messages did
not reach the majority of the people. I would also believe that some people
don’t see any need to attend the meeting because political parties are
agreeing on the way forward,” said Makuyana.

But the senator is not deterred by the poor turn-out. He remains optimistic
that the draft will sail through regardless of the poor turn-out at most
outreach programs.

Chimanimani senator Monica Mutsvangwa, who is the Manicaland provincial
COPAC co-chairperson, is upbeat about the whole process.

She told VOA Studio 7 in a telephone interview that the committee has
covered most areas.

Manicaland provincial executive member of the National Constitutional
Assembly, James Mundenda, said poor attendances at the meetings is due to
people’s ignorance on the referendum and related issues.

Mr. Mundenda said some people feel they are being used by politicians in the
unity government to rubber stamp a negotiated document.

The COPAC team in Manicaland Province will Wednesday host a media workshop
to brief journalists and civic society groups on the draft constitution.

In a related development, with the referendum for a new constitution only a
few days away, editors of both private and state-owned newspapers in
Zimbabwe have committed themselves to adhering to ethical standards of news
coverage to help ensure that peace prevails as the country decides on a new
charter with national elections expected later in the year.

The editors, affiliated to the Zimbabwe National Editors Forum, made the
resolution at a meeting with members of the parliamentary portfolio
committee on media information and communication technology in Gweru on
Friday.

Meanwhile, the leader of one of Zimbabwe’s top rights organizations says the
retention of the death penalty in the country’s draft constitution is
retrogressive, adding there is concern also that the recent appointment of a
hangman could mean that convicts on death row may soon be sent to the
gallows.

Director of the Zimbabwe chapter of Amnesty International, Cousin Zilala,
said his organization is concerned by Harare’s retention of the death
penalty in the draft charter.

Some rights groups lobbied during the constitutional outreach phase for the
death penalty to be excluded from the new constitution.

ANC pledges its help to Zanu-PF during Zim elections

http://mg.co.za

12 MAR 2013 13:28 - NICKOLAUS BAUER

The ANC has once again promised to support Zanu-PF in Zimbabwe's upcoming
elections, saying the party is knowledgable about the country's needs.

Ahead of a crucial referendum on Zimbabwe's constitution this Saturday, the
ANC on Tuesday reiterated its support for President Robert Mugabe's Zanu–PF
and renewed an undertaking to help the party win the country's general
elections later this year.

"Zanu-PF has been governing Zimbabwe since 1980 and we feel they have gained
the necessary experience and wealth of knowledge over that time to benefit
the people of that country and govern again," said ANC spokesperson Keith
Khoza.

"The people of Zimbabwe will decide who governs them, but if called on to
assist, we won't hesitate in coming to their assistance to ensure they are
successful," said Khoza.

"This is the same way in which we would consider any requests from any other
liberation movement we have ties with."

In late 2011, ANC secretary general Gwede Mantashe told a Zanu-PF national
conference in Bulawayo that his party would support Zimbabwe's governing
party in its mission to retain power at the next national election.

The comments were criticised because South Africa operated as the chief
political negotiator in the power-sharing agreement brokered by former
president Thabo Mbeki between Zanu-PF and its rival Movement for Democratic
Change (MDC), following disputed elections in 2008.

The agreement saw MDC president Morgan Tsvangirai become prime minister of
Zimbabwe in a government of national unity – something Mugabe and his party
described as "unnatural" and "unworkable".

'Shared history'
The exact nature of the support the ANC would provide was not made clear but
Khoza confirmed it would not be a financial contribution.

"This doesn't necessarily mean we agree on everything the Zanu-PF does or
says. But our shared history means that we have a responsibility to assist
each other whenever and wherever possible," he added.

Khoza also said the ANC's support would by no means translate into the South
African government providing support to Mugabe or his party.

"Our interaction has never been defined within state relations – it's purely
a party-to-party thing."

The ANC's comments comes days before Zimbabweans were due to head to the
polls in a referendum on a new constitution, which was drafted under the
unity government.

South Africa's neighbour is due to elect a new government sometime later
this year, with Tsvangirai and other opposition politicians citing fears of
election violence.

Zimbabwe's police have already been accused of intimidating voters.

In early March, Zimbabwe's police commissioner Augustine Chihuri told
top-brass members of the force to ensure Zanu-PF won the upcoming elections,
adding that there were "surrogates of the imperialists that should never
rule this country".

Makarau given permanent Zec contract

http://www.dailynews.co.zw

By Richard Chidza, Staff Writer
Tuesday, 12 March 2013 10:22

HARARE - Supreme Court judge Rita Makarau, appointed on a temporary basis to
head the Zimbabwe Electoral Commission (Zec), has now been given a permanent
contract.

The Judicial Service Commission secretary’s appointment to Zec on an acting
capacity caused a political storm after Prime Minister Morgan Tsvangirai
rejected the move arguing it trivialises the critical role of conducting
elections.

Luke Tamborinyoka, Tsvangirai’s spokesperson, said Principals to Zimbabwe’s
coalition government agreed on Monday that Makarau should work for the
commission full time.

“It is true that the Principals have exercised their minds on the issue and
agreed that the leadership of the Zec is such an important position that it
cannot be headed by a temporary appointment, hence Justice Makarau will be
its substantive chairperson and we are only waiting for the technicalities
before her swearing-in,” Tamborinyoka said.

“We had hoped that this would have been given priority given that we are
moving fast not only into the election period but also you are aware of the
referendum this coming weekend,” Tamborinyoka said.

Makarau takes over from retired Justice Simpson Mutambanengwe who resigned
reportedly on health grounds.

Madhuku upbeat ahead of Supreme Court hearing

http://www.swradioafrica.com

By Nomalanga Moyo
12 March 2012

The head of the National Constitutional Assembly says he is confident that
his group will receive a favourable ruling from the Supreme Court on
Wednesday as they fight to have the referendum date postponed.

The constitutional body is campaigning for a ‘no’ vote in the March 16th
referendum and is appealing a High Court ruling dismissing their
application.

The NCA had approached the High Court contesting President Robert Mugabe’s
decision to set the referendum date for March 16th, arguing that it was too
soon and denied citizens time to study the draft constitution.

However Judge President George Chiweshe ruled against the NCA, and concluded
that the courts could not review a decision made by the president, leading
to an appeal by the NCA at the superior court.

Madhuku said he is “almost certain” that the Supreme Court will agree with
the NCA position, arguing that citizens have a legal right to challenge the
president.

He said: “Our legal basis is founded on the constitution itself. You cannot
have a head of government who makes a decision that affects the rights of
the people and cannot take them to court.”

Explaining why he is also spearheading a vote No campaign, Madhuku said the
constitutional draft is a bad draft, which will give Zimbabwe a bad
constitution.

“This is also about rejecting the flawed process whereby politicians sit and
negotiate what should go into a constitution, have their compromises based
on their political interests and pass that as a constitution for the whole
country,” he said.

The NCA leader also took a swipe at the SADC observer team’s remarks that
the referendum signals “progress from signed declarations to tangible
results” for Zimbabweans.

“For us as Zimbabweans progress is when there have been changes to the way
we are governed. This referendum is an imposition of a document done by
politicians who are asking people to vote yes to something they have not
read or even written.

“The observer team has not even bothered to meet all the groups, and yet
they are already making such pronouncements,” Madhuku said.

Madhuku lamented the near-blackout by the media on groups campaigning for
the no vote, a situation he said did not point to a fair and democratic
process.

Turning to the two MDC formations, the NCA chief said pushing people to say
yes to a ‘flawed document’ shows that the two parties were “no longer
interested in changing the framework under which the people existed.”

He repeated his statements to journalists at a workshop Monday that the
current draft does little to clip the excessive presidential powers
currently being enjoyed by President Mugabe under the Lancaster House
Constitution.

“In the draft constitution the President is not compelled to appear before
Parliament and answer questions. He has no limit on the number of ministers
he should appoint and he still has a lot of influence in appointing
commissioners, ambassadors, security chiefs, the Attorney-General and has
the final say over appointment of judges.”

Meanwhile, in a move that will be seen as lending credence to the NCA case,
Constitutional Affairs Minister Eric Matinenga said he too had reservations
about holding the referendum this Saturday.

Matinenga indicated that villagers in Lupane, Hwange and Binga had raised
concerns about the time frame.

“I personally feel it is a huge task for the people to be conscientised and
to understand the draft within the allocated time.

“However let’s make the best of the worst situation by voting “Yes” for the
draft,” Matinenga told SW Radio Africa.

Glen View murder : State closes case

http://www.dailynews.co.zw

Tuesday, 12 March 2013 10:10

HARARE - Lawyers representing 29 Glen View residents accused of killing a
policeman in May 2011 are to apply for their clients’ acquittal after
prosecutor Edmore Nyazamba closed the State case.

Nyazamba wound the State case yesterday after hearing evidence from Gabriel
Aguero Gonzalez, a Cuban pathologist who examined the policeman’s body.

The pathologist’s absence had stalled the lengthy trial, as he waited to get
authority to testify from his government six months after being subpoenaed
to court.

Gonzalez, Zimbabwe’s only forensic pathologist told the court Petros Mutedza
died from assault injuries.

“According to our observation, we determined that the now deceased suffered
head injuries, a depressed skull fracture and damaged brain as a result of
assault,” said Gonzalez, speaking through a Spanish interpreter.

However, the activists’ lawyer Beatrice Mtetwa trashed Gonzalez’s evidence.

“Your conclusions are not only unsatisfactory, they are worthless. You did
not conduct a proper independent post mortem,” said Mtetwa, who said defence
lawyers are launching a freedom bid for the activists.

Mtetwa questioned how Gonzalez had managed to compile a post-mortem report
in English, yet he was not conversant with the language.

Gonzalez told the court he had only arrived in the country a month before he
carried the post mortem and was not a fluent English speaker but leant the
language through watching television and reading on internet.

Out of the 29 suspects, only five remain in custody after trial judge
Chinembiri Bhunu who ruled they were a flight risk and that the State had a
strong case against them turned down their freedom bid. - Tendai kamhungira

MDC-T-29: Defence spars with Cuban medic

http://www.newzimbabwe.com/

11/03/2013 00:00:00
by Phyllis Mbanje

DEFENCE lawyers for the 29 MDC-T activists accused of killing a cop some two
years ago have dismissed as “unsatisfactory and worthless” the post mortem
report by Cuban doctor Alveiro Aguero Gonzalez who performed the autopsy.

Dr Alveiro Aguero Gonzalez finally testified on Monday and insisted that
Inspector Petros Mutedza died after being bashed in the head by a blunt
object adding the attack fractured his skull, causing brain damage.

The MDC-T activists deny allegations they fatally attacked Mutedza who was
part of a police detail dispatched to quell disturbances in Harare's Glen
View area.

Speaking through an interpreter, the Cuban vehemently refuted allegations by
the defence team that the policeman sustained the fatal wounds when he fell
off a police vehicle which sped off as he tried to board.

Gonzalez said after careful study, he had concluded that death was caused by
a severe head injury, depressed skull fracture and damaged brain as a result
of an assault.

However defence lawyer Beatrice Mtetwa argued that the police officer could
have sustained the wounds when he fell off a moving vehicle that he
desperately tried to board while it drove off at high speed.

“He was half way into the vehicle when it sped off at high speed and threw
him off balance and he fell and hit his head hard on the tarmac that could
have caused those injuries,” Mtetwa said

Gonzalez maintained that the fractures were not consistent with falling but
were a result of being hit by a blunt object.

He however, conceded that when he carried out the post mortem on May 31,
2011, he was not aware that the officer had fallen off a moving vehicle.

“The police never told me about the officer falling off a vehicle but that
still does not change what I observed,” he said.

The defence maintained that it was folly not to consider what had happened
and that the report was therefore “worthless”.
“You did not discount other possibilities because you were not given that
information and your report offers no explanation of the said findings,”
Mtetwa said.

She also charged that it was not possible that the doctor, who had only been
in the country a few weeks when he conducted the post mortem, could have
written the report in English when he could only speak a few words in that
language.

“The post mortem report is in English and based upon your own admission you
speak very little English, how then could you have written the report in
English without the help of an interpreter?” she asked.

Stung by Mtetwa’s remarks and constant reference to his poor English the
Cuban doctor sarcastically mentioned that Zimbabwe had no other forensic
pathologist besides him.

“Imagine in this country there is no one else who is a forensic
pathologist!” he retorted.
The trial was been postponed to the March 25 to allow the defence to go
through all the evidence, some of which is still being transcribed. Mtetwa
however, indicated that they would be applying for discharge when the case
resumes.

Fuel price hiked

http://www.dailynews.co.zw

By Fungai Kwaramba, Staff Writer
Tuesday, 12 March 2013 10:22

HARARE - Government has hiked fuel prices to raise cash for elections, in a
move that could result in a spiral of price increases of basic commodities.

Finance minister Tendai Biti announced the hike yesterday, saying motorists
have actually been paying more since March 9 when the increase took effect.

Broke and failing to raise money from the international community, coalition
partners agreed that Zimbabweans will have to dig deeper into their pockets
for the election to go ahead.

Biti said government had increased excise duty on fuel by at least 20
percent, a cost likely to be passed on to consumers by suppliers.

He said it will be up to market players to either absorb the extra cost or
pass it on to consumers.
Industry players said they are already suffocating and would increase fuel
prices by at least five cents per litre.

Petrol currently sells at between $1,50 and $1,55 per litre while diesel is
going for between $1,38 and $1,40.

There are now fears that this will leave cash-poor Zimbabweans worse off
given that any fuel price increase drives up the cost of other commodities.

Biti said the increase in duty for fuel is among a cocktail of measures that
the coalition government, which has so far raised $31,5 million for the
referendum, has put in place to ensure polls are held, most likely in July,
despite depleted government coffers.

Biti said government increased excise duty on fuel because Zimbabwe had the
cheapest prices in southern Africa.

“It has also been unavoidable that government seeks recourse from the
ordinary taxpayer.

“Hence, excise duty on diesel and petrol is being reviewed upwards to the
following levels for the period March to December 2013,” said Biti in his
state of the economy report for February.

Biti said excise duty will increase from $0,20 to $0,25 per litre while
petrol will increase from $0,25 cents to $0,30 per litre.

Economic experts were however quick to point out that an increase of duty on
fuel is likely to have ripple effects on transport costs as well as shore up
costs of basic commodities.

Biti said although government has been able to raise funding for the
immediate needs of the referendum to the tune of $31,5 million, allowances
for polling agents are yet to be guaranteed.

The Zimbabwe Election Commission (Zec), the body in charge of electoral
processes in the country, had requested $85 million for a referendum and an
additional $132 million for a subsequent general election.

“As a ministry we consider the $85 million request from Zec as being too
much. A combination of measures to rationalise payment allowances,
containing the period of activities and personnel requirements to the barest
minimum will reduce next week referendum requirements to under $75 million,”
said Biti.

Apart from streamlining Zec’s requirements and also raising excise duty on
fuel, Biti said government has also issued bonds to the National Social
Security Authority and property giant Old Mutual to raise an additional $40
million that will also be channelled towards the poll process.

Government is too broke to bankroll a watershed election because of a huge
internal debt as well as other commitments that include civil servants
salaries.

On a monthly basis the bloated coalition government channels about $236
million towards workers’ salaries.
Biti, who said polls are “inevitable” by July this year, emphasised the need
to speak with one voice when begging for external funding for the polls.

Government had its request for funding for the referendum turned down by the
United Nations Development Fund because of late submission.

Church leaders seek MDC-T protection

http://www.thezimbabwemail.com

Staff Reporter 20 hours 44 minutes ago

MDC-T national organising secretary Nelson Chamisa yesterday claimed that a
delegation from one of the country’s largest apostolic sects approached his
party last week accusing Zanu PF politicians of interfering in their
activities.
Addressing over 2 000 MDC-T members in his Kuwadzana East constituency in
Harare, Chamisa said the sect members were seeking MDC-T protection.
“Yes, they have approached us,” Chamisa said.
“They said they now have problems in worshipping because each time they are
visited by politicians demanding to address them.”
Since 2010, Zanu PF has been targeting churches, youths and women as its
hunting ground, with the party’s central committee report for 2011
confirming the strategy.
Zanu PF senior leaders have held meetings with Johane Masowe, Johane Marange
and other independent African churches to drum up support ahead of
harmonised elections expected later this year.
Recently, president of the Apostolic Christian Council of Zimbabwe (ACCZ),
Bishop Johannes Ndanga said the over 620 churches registered under the
umbrella group were busy registering their members to vote for Zanu PF.
Johane Marange leader Noah Taguta Momberume and Paul Mwazha of the hugely
followed African Apostolic Church have openly endorsed Mugabe.
Chamisa said the sect leader told them the statements were being issued
under duress.
“They admitted all statements they make are out of fear because political
leaders will be present at their gatherings,” he said.
The ICT minister also urged his supporters to vote for the draft
constitution on Saturday, saying it is the best Zimbabwe could have under a
compromise.
“We don’t want a bloated Parliament,” he said.
“We don’t want Executive powers, but we had to compromise on issues because
the draft also has good things like the Bill of Rights that is second to
none on the African continent.
“MDC is a party of excellence; Zanu PF is a party of the past. Zanu PF is
tired and MDC is agile.
“I call on Zanu PF to remove berets of violence, overalls of intimidation
and belts of hatred.” - NewsDay

Diamond miner hits back at Biti

http://www.newzimbabwe.com

11/03/2013 00:00:00
by Brian Paradza

THE Zimbabwe Mining Development Corporation (ZMDC) has accused Finance
Minister Tendai Biti of “politicking” in the dispute over diamond revenues
and insisted that the government is entitled to 15 percent of net sales
proceeds and not 50 percent.

Biti told journalists in Harare Monday that companies operating at Marange
generated US$800 million in revenues from diamond sales in 2012 but only
remitted US$45 million to the government.

Describing the conduct of diamond mining firms as “criminal”, Biti said it
was unacceptable that the country should be struggling to raise money for
this weekend’s constitutional referendum and elections later in the year
when the diamond companies were generating huge revenues.

"I will be appealing to both the President and Prime Minister to make these
companies pay. We are beginning to lose our patience," he said. "It is
irresponsible and unpatriotic and a breach of our laws."

But in an interview with New Zimbabwe.com, ZMDC Chairman, Goodwills
Masimirembwa, said Biti’s understanding of diamond sales was “surprising”
given his position as Finance Minister.

“What the Minister is saying is not true. The position is that after selling
the diamonds royalties amounting to about US$102 million were paid to the
Zimbabwe Revenue Authority (ZIMRA); and ZIMRA is the same as the Treasury
because that’s where it gets its money from,” he said.

The state-run ZMDC is a 50-50 joint venture partner with about five foreign
companies operating in Marange. However Masimirembwa said the partnerships
did not necessarily mean that the government was entitled to 50 percent of
overall revenues.

“(But) I don’t understand how Minister Biti loses this all the time. He
seems to think that gross sales must be shared (on a 50-50 basis with the
government). He seems to forget that workers have to be paid, we have to buy
diesel; buy and repair machinery. In any business there are costs of
production,” he said.

“This cost of production is about 38 %; 15 % goes to ZIMRA, and then you
have taxes which these companies have to pay from the same sales. So I don’t
understand where Minister Biti gets his figures. He is politicking that’s
all I can say.”

With the economy still to fully recover from a decade-long recession and
donors either unwilling or unable to provide any meaningful assistance, Biti
has struggled to raise the cashneed to meet ever increasing government
requirements.

His MDC-T party accuses President Robert Mugabe’s Zanu PF of diverting cash
from the Marange operations away from Treasury, allegations denied by the
former ruling party.

Mines Minister Obert Mpofu insists that Western economic sanctions have
prevented the government from getting fair prices for the diamonds on the
international market and forced some covert selling.

The ZMDC remains under European Union and United States (US) sanctions with
the EU last month only offering to lift the restrictions on condition the
country holds free and fair elections.

"The Council (of EU governments) agreed to delist the Zimbabwe Mining
Development Corporation (ZMDC) within one month after the presidential and
parliamentary elections," Belgian Foreign Minister Didier Reynders said when
the EU relaxed some of the sanctions in February.

Shot in arm for conservation

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

Tuesday, 12 March 2013 00:00

Golden Sibanda in BERLIN, Germany

COUNTRIES constituting the Kavango-Zambezi Transfrontier Conservation Area
including the newly installed chair Zimbabwe, received about US$20 million
from the German government last week in support of conservation, sustainable
tourism and job creation initiatives.

KAZA is made up of Zimbabwe, Zambia, Angola, Namibia and Botswana.Germany’s
State Secretary of the Federal Ministry for Economic Co-operation and
Development Mr Hans Jurgen Beerfeltz presented the US$20 million cheque to
ministers of tourism from the respective countries at a ceremony held during
the International Tourism Bourse in Berlin.

The funding from the German government will enable Zimbabwe to expeditiously
upgrade infrastructure in the area falling under the conservancy.
It is potentially the world’s largest conservation area spanning the five
countries, largely centring around Zimbabwe’s Victoria Falls, Botswana’s
Chobe and Namibia’s Caprivi Strip.

Mr Beerfeltz said that the German federal government was not only working
with governments of countries that constitute the KAZA, but other
organisations that promote sustainable wildlife management and eco-tourism.

“We are not only working with the states and private tourism industry, but
we are also working with relevant non-governmental organisations such as the
Worldwide Fund for Nature and others in direct contact with people.
“The KAZA TFCA creates jobs for local people and local communities,” said Mr
Beerfeltz.

In an interview with Herald Business after the handover ceremony, Tourism
and Hospitality Industry permanent secretary Mrs Margaret Sangarwe said the
funding would enable Zimbabwe to address those issues that it could not
attend to during the decade of economic instability.

“There has been a number of developments since the KAZA was started (in
2003), unfortunately there have not been much development on the Zimbabwe
side because of the difficulties we had with sanctions.
“Fortunately, the Zimbabwean side is the most advanced because there is
Victoria Falls under KAZA and already there are tourism developments (from
own resources) on the Zimbabwean side but there has not been much
development in terms of infrastructure in the other KAZA countries,” said Ms
Sangarwe.

As such, Mrs Sangarwe said, other countries in the KAZA region have over the
years been using funding provided by the German federal government to
develop infrastructure, integrated tourism plans and policies to harmonise
natural resources management in the whole KAZA region.
This comes after Zimbabwe last November took over chairmanship of the KAZA.

Zambian Tourism and Arts Minister Sylivia Masebo in November last year
handed over the chairmanship to Zimbabwe’s secretary in charge of
Environment and Natural Resource Management Ms Florence Nhekairo at
Courtyard Hotel, Livingstone.
Accepting the chairmanship, Ms Nhekairo said Zimbabwe would not only live up
to the challenge of co-ordinating KAZA TFCA programmes but also build on the
momentum and consolidate the gains achieved so far.

The goal is to sustainably manage the ecosystem, its heritage and cultural
resources based on best conservation and tourism models for socio-economic
well being of communities and other stakeholders in and around the
ecological region through harmonisation of policies, practices and
strategies.

The conservancy covers some 444 000 square kilometres linking up 14 national
parks and nature reserves.
Regional tourism experts contend that KAZA TFCA has the potential to
increase tourism in the region by a factor of five.

“Hope in a Desert”

Speech by Ben Freeth at the Royal Geographical Society, London

7 March 2013

Ben Freeth

I could embark on a long catalogue of abuse but I am going to focus on something different – even though it’s becoming clear that Zimbabwe will burn again this year and the horror of what happened to 12-year-old Christpower Maisiri is only the start. Eleven days ago he was burnt alive in his house because he was the son of an MDC activist.

Last year our sons, Joshua (12) and Stephen (10), designed and built a go-cart with bicycle wheels and wood, and we decided to sail it across a desert known as the Makgadikgadi Pans in Botswana. This would involve about a hundred miles of sailing across a vast expanse of nothing.

Some of you may have seen the Top Gear team crossing the salt pans – the first crossing by car. You will remember the dust in the air; and the mud just beneath the paper-thin crust. Our crossing was to be the first crossing using the wind.

After a while, unfortunately, despite August being a windy month traditionally, the wind died.

We had a “council of war” and took into consideration that our water supply could only be eked out for a maximum of a week. We could sit in the middle of the desert and just survive, hoping that the wind would blow, or we could push on to where we intended to go. Like the Johnny Walker advert, we decided to “keep on walking.”

We slept out in the open – and on the second night we found a rock to shelter by which we named “cricket rock” because the shrill chirping of crickets was the only life we heard on the whole crossing. There wasn’t an ant, or a bird or any other living creature all the way across.

In the morning there was still no wind and the boys voted that we “keep on walking.” So we did.

A little later we found a fossilizing grasshopper. There obviously had been life here at one time, even if there was no life now.

Then we found many dead and fossilised flamingos.

Just beneath the crust there was mud - and in some place it was hard to “keep on walking”. But we kept going all the same.

After walking for hours and hours in intense heat, under a merciless sun, we finally caught sight of what we had been hoping to see for a long time, far in the distance. Land ho!

That is perhaps where we are now in Zimbabwe.

But is it just a mirage hovering on the horizon? And if it is not, what does it signify peeping up so elusively from under the curvature of the earth in the wasteland that we are in figuratively, in Zimbabwe right now?

I have thought much on this subject for many years through many ghastly situations where everything we had was destroyed before our eyes; and I have carried on thinking. Many of you will know how we have stood for property rights and the rule of law in Zimbabwe and many of you will know how we, and so many others, lost everything that we owned - and many people, including Mike Campbell, have lost their lives in this desert into the bargain.

I have come to the conclusion that the rock in this featureless plain, the oasis in this waterless desert, the engine that could drive us forward and power us into a land away from where hope has been dashed so many times, is something utterly simple, and so completely obvious that many seem to have missed it. It is encapsulated in a single word. The land at the end of the straight-line compass-bearing in the desert is, quite simply, “truth”.

When the truth stumbles and falls, everything else falls apart. Dictators have two tools at their disposal to continue tyranny. They are “fear” and “lies”. Only courage and truth can counter them so that we can walk on in the direction that is right and true.

The implementation of the law - that we have heard about today - is all about establishing the truth as measured against the law. In courts we swear to “tell the truth, the whole truth and nothing but the truth.” The law and justice cannot operate without people who are adherents to the truth.

Sustainable economic growth cannot be achieved either without the truth. In economies where dishonesty is all-pervasive, corruption eats up honest people’s livelihoods, and where there is no protection of property rights, failure is always the net result.

I wish to take you back through time to follow a thread of history involving a man from Yorkshire. He was called John Wycliffe – the so-called “morning star of the reformation”. Wycliffe had taken to heart the words that “the truth will set you free” and he did everything that he could to promote the truth. An Oxford history professor wrote this of his influence on history:

Wycliffe spent a lifetime walking towards the truth and making it available to others. He knew that “the truth will set you free’. When Wycliffe died, his body was exhumed and burnt – but though bad men can try to burn the truth, it does not burn. Though they can try to destroy truth with lies, it cannot be destroyed.

Another man, Jan Hus, who was from Bohemia, was profoundly influenced by Wycliffe’s teaching on the truth. He was eventually burnt at the stake, and Wycliffe’s papers were used to burn him. But you cannot burn the truth.

Hus had sent missionaries of the truth, the Moravians, throughout Europe; and John Wesley was later converted by them. Wesley was a follower of the truth and, more than any other, influenced the movement that men like Wilberforce ran with - to eradicate the world of slavery and other injustice. As men and women walked towards the truth rather than avoiding it, the truth brought great social, scientific and economic discoveries and progress.

After this truth had eventually become truly established in the hearts and minds of many of the people of Britain, great missionaries went out from this land and gave their lives to establish beacons of truth in places where the truth had not been established. The Puritans laid the foundation of America and, within 129 years of getting Independence, had helped to transform America into the wealthiest, most powerful and most innovative country on earth.

The industrial revolution – what historians acknowledge as the most important event in world economic history – started in this country because there was a thirst, an understanding and a will to walk towards the truth.

Men like Robert Moffat and David Livingstone went out from this very room clutching the truth… and the truth began to be established where it had not been before.

Jan Hus said that: “truth conquers”. Vaclav Havel, the great Czech playwright, dissident and first post-Communist president of the Czech Republic, treasured that motto: “truth conquers” as the country’s motto and there is a national holiday to celebrate it. Truth drove Havel and the others with him to tear down the tyranny that was closing them into the desert.

“For hundreds of years,” Havel said, “the name of the master Jan Hus has been inscribed in the mind of the nation, especially for his deep love of the truth.”

In Africa today, what we need more than anything else in all the world is leaders to walk towards the truth. The truth has to become the primary focus. We need men and women to understand, value most profoundly, and stand very boldly for the truth in their personal business and public lives.

The greatest African family of leaders I know of are the Khamas. Khama the third – a convert of those early missionaries who went out from this very room - walked towards truth. Put simply, the reason why Botswana today is by far the least corrupt country in Africa and one of the least corrupt in the world, as well as being the second wealthiest country in Africa, is a direct result of the truth being established in Khama’s heart. This achievement is despite the fact that Botswana is a land-locked country, with up to 70 percent covered by the Kalahari desert – and that it was the third poorest country in the world at Independence in 1966.

Khama was born very close to the salt pans you saw in the previous pictures. He fixed his eyes on the truth and he walked towards it, step by step, until the truth emerged as something that breathed life into himself, his family and his country.

I want to show you a picture I took just over a month ago of a fence with a barren area on the one side and lush green grass on the other.

Zimbabwe’s lack of any real progress since independence, compared with Botswana’s, has been rather like this picture.

This is a graph of the difference, in Gross Domestic Product per capita, between Zimbabwe and Botswana.

GDP per capita comparison: Botswana and Zimbabwe

Before the diamonds had even started being mined, Botswana had the fastest growing economy in the world. Sir Seretse Khama was known primarily as a man of complete integrity – a man, who like his grandfather, prized the truth and walked towards it.

Sir Seretse Khama

Where truth reigns, tyranny, quite simply, falls. Where men and women have the courage and tenacity to walk on towards the truth we will see the desert start to blossom.

Where the truth is prized above all other cardinal values it holds families, communities, businesses and nations together.

As the Mike Campbell Foundation, we are trying to focus on walking on the compass bearing towards the truth.

Last month we filed our papers in The African Commission on Human and People’s Rights regarding the illegal suspension of the SADC Tribunal. This prevents 150 million people in southern Africa from having the right to access justice - when the justice systems in their own countries fail them.

Last week we were in the Constitutional Court in South Africa before 10 Judges regarding the registration of our SADC Tribunal Judgment. Over the weekend the newspapers reported President Mugabe as having said that he would ignore what these judges said – he is obviously expecting to lose.

In just over a week Zimbabwe will hold a referendum on a new draft Constitution. It is a political compromise and a long way from the truth, with Orwellian, “all animals are equal but some animals are more equal than others” clauses like – and I quote - “discrimination is unfair.. unless it is found to be fair...”

In this constitution, when our homes and livelihoods are taken away from us on agricultural land, we are expressly barred from even going to court; and are also expressly barred from raising the issue that we might have been discriminated against. These clauses take us back into the desert.

In the meantime we have been working with ex-farm workers, people who have suffered intense persecution, trying to help them to walk towards the truth.

In a country which cannot feed itself any more, and which has relied on the rest of the world coming in with food aid to stop its people from starving, this is a picture of a man who understands truth and is running with it. Two weeks ago he was in prison for 3 nights– arrested from a church with his Pastor and a civic society member for having held a meeting without police clearance. However, you cannot imprison the truth.

Khama the third’s father once said to Khama’s brother: “We think like this” and he drew a circle in the dust on the ground.

“But Khama,” he said, “thinks like this.” And he drew a straight line.

BEN FREETH MBE

Calling Mugabe’s bluff on sanctions

http://www.iol.co.za

March 12 2013 at 09:00am
By PETER FABRICIUS

Sanctions by Western powers have been used by Zimbabwes President Robert
Mugabe and his Zanu-PF cronies to cast themselves as victims in the eyes of
the world. The party has rejected any possibility of US and EU election
monitors being allowed in to observe either the referendum or the elections
 as long as their illegal sanctions remained in place.
Have the Kenyan elections provided a lesson to Western countries on how not
to manage their sanctions against Zimbabwean President Robert Mugabe’s
Zanu-PF?

The US, the UK, France and the EU as a whole warned Kenyan voters before
last Monday’s elections that they would have to limit their engagement with
Kenya if Kenyans elected Uhuru Kenyatta as president, as he has been
indicted by the International Criminal Court (ICC) for orchestrating
political violence after the country’s last elections in 2007.

Though no one can be sure, this Western initiative seems to have backfired.

Kenyatta and his running mate, William Ruto, also indicted by the ICC, cast
themselves in the election campaign as victims of neo-imperialist meddling
with Kenya’s sovereignty. And they cast their main rival, Raila Odinga, as
the West’s preferred candidate, therefore a stooge.

That may well have earned Kenyatta enough votes to cross the 50 percent
barrier in the first round and so avoid a run-off against Odinga, since the
margin was a matter of just a few thousand votes.

Now turn to Zimbabwe, a country with some significant parallels to Kenya.

It also has a government of national unity, which was also installed after
flawed elections. Prime Minister Morgan Tsvangirai officially won the 2008
elections as his friend Odinga probably unofficially won the 2007 elections,
but both ended up playing second fiddle to the presidents who cheated them
out of real power.

The US, the EU and other Western nations have sanctions against Mugabe and
his Zanu-PF. These sanctions are comparable with Western threats to
downgrade relations with Kenya if Kenyatta were elected – at least in their
effect.

They have allowed Mugabe and his cronies to cast themselves as victims of
Western imperialism and to cast Tsvangirai as a stooge of the West.

The Western powers are of course aware of this and so have been agonising
over the Zimbabwe sanctions for years. And so the EU began easing its
sanctions a few years ago.

Last month, EU foreign ministers decided to lift most sanctions if next
weekend’s referendum on a new constitution is peaceful and credible.

If so, it would seem that essentially only the sanctions against Mugabe
himself would remain in place.

The US is taking a tougher stance and still seems committed to keeping its
sanctions in place until after peaceful and credible elections – the point
at which it would deem “substantial and irreversible” progress had been made
towards real democracy, as Assistant Secretary for African Affairs Johnnie
Carson has put it.

Will these continued measures, though, still not play into Mugabe’s hands?
Many Zimbabweans and others firmly opposed to Mugabe, believe the sanctions
have long outlived whatever usefulness they might have had, and now only
serve his political purposes.

Last week Zimbabwe’s Foreign Minister Simbarashe Mumbengegwi firmly rejected
any possibility of US and EU election monitors being allowed in to observe
either the referendum or the elections – as long as their “illegal”
sanctions remained in place.

“To be an election observer you have to be objective, and once you impose
sanctions on one party, your objectivity goes up in smoke,” he said.

If there were a real choice between continuing with the sanctions and being
allowed into Zimbabwe to monitor the elections, the latter would probably
win. Certainly Tsvangirai’s MDC would like Western observers to come in to
scrutinise the elections.

As Finance Minister Tendai Biti said in Pretoria on Saturday, if Zanu-PF had
nothing to hide, it would have no problem with observers from anywhere.

By trying to keep them out, Zanu-PF almost seemed to be saying “you want to
kill us, so we’re excluding observers”.

Mumbengegwi’s remarks theoretically suggest a deal: the EU, the US and other
Western nations lift sanctions completely before the elections if Zanu-PF is
to allow, say, an EU election observer presence.

It’s almost certainly too late for that. Zanu-PF probably wants the
sanctions to remain in place as much as it doesn’t want the election
observers to come in.

But at least the offer might call its bluff.

Criminalising Zimbabwe’s human rights defenders

http://www.kubatanablogs.net/kubatana/?p=11107

Criminalising Zimbabwe’s human rights defenders isn’t necessarily a new
strategy for the police, but it is one they’ve adopted in a particularly
cunning manner in recent months.

Last Thursday night, ZBC viewers saw Zimbabwe’s Police Commissioner
Augustine Chihuri personally name Zimbabwe Peace Project director Jestina
Mukoko as “wanted,” accusing her of operating an illegal organization.
According to someone who watched the broadcast, “If you didn’t know any
better, after you watched the news, you’d think Jestina was a criminal.”

In a segment rich with the fabrications standard in state propaganda, the
police described her as “on the run,” even though police had been in touch
with her lawyers all week. Mukoko wasn’t in hiding, but she was the wrong
person to answer the police’s questions, which were more suitably directed
to the ZPP Board Chairperson, not its Director.

Particularly given her 2008 abduction, disappearance and 89-day detention,
which she speaks about movingly in this Oslo Freedom Forum talk, Mukoko was
not in a rush to enter police custody. Be that as it may, on Friday Mukoko
presented herself to the police, and was charged with “a litany of baseless
charges.” Much to the relief of her lawyers, colleagues and Zimbabwe’s human
rights community more generally, Mukoko was not detained on Friday. Civil
society has condemned the harassment of Mukoko and other human rights
defenders. It would appear Mukoko is being targeted for the work of the
Zimbabwe Peace Project in monitoring violence – particularly election
related and political violence.

Thus, it’s all the more ironic that the Zimbabwe Electoral Commission has
announced that it “won’t accredit NGOs under probe.” For example, ZEC turned
down a request from ZimRights to observe the referendum. ZimRights staff
including Leo Chamahwinya and Okay Machisa have been subject to police
raids, prolonged detention and harassment since December last year. The
charges against the ZimRights team are just as baseless as those against
Mukoko and ZPP.

It’s a cunning strategy worthy of a George Orwell story – Send the police to
investigate the organisations which monitor and report on violence and
elections, and then tell these organisations that they can’t be accredited
to observe elections, because they’re “under investigation.”

This entry was posted on March 12th, 2013 at 7:34 am by Amanda Atwood

A promise is a promise? Not in Zimbabwe

http://www.rnw.nl/

Published on : 12 March 2013 - 9:08am | By RNW Africa Desk (Photo: Mwana
wevhu)

Mwana wevhu is a Harare-based blogger who is passionate about her
motherland, Zimbabwe, and believes it belongs to all who live in it. When
not blogging, she documents life in images, working as a photojournalist and
documentary photographer.

RNW's Africa Desk is proud to feature as part of its content local bloggers
who have a knack for expressing their unique perspectives, independent
thoughts and engaging stories. The opinions written here are those of the
author and not intended to reflect those of RNW as an institution.

Lately the Zimbabwean government has been reneging on its word, prohibiting
prior-sanctioned marches, public talks and debates from taking place. The
last-minute cancellation of a women’s march prompts our blogger to ask just
what’s got the authorities so jittery.

By Mwana wevhu, Harare

Recent happenings in Zimbabwe remind me of this Bible verse: ‘The wicked
flee when no one pursues, but the righteous are bold as a lion’ (Proverbs
28: 1).

The most recent incident to bring this to mind was Saturday, in Rugare
Harare, where women from different walks of life organized under the Women’s
Coalition of Zimbabwe. Acknowledging International Women’s Day, participants
had agreed to march in solidarity with the family of Stacey Munjoma, a
10-year-old girl who was found raped and murdered in February, as well as in
the name of other females subjected to violence.

The day’s theme this year was ‘A promise is a promise: Time for action to
end violence against women’, which has local resonance as Zimbabwe has seen
its own share of increasing violence against women and children, especially
girls. I suppose the Women’s Coalition was following the Biblical mandate to
speak out on behalf of people who cannot speak for themselves.

So after the march had been organized and sanctioned by the police and women
were ready to go, at the very last minute, there was a phone call. The
caller identified himself as someone from the President’s Office and ordered
the march to be cancelled. The stated reason was a concern that the women
might misbehave and mobilize others to join in, causing, in the government's
words, “alarm and despondency”. But, it was said, it would be alright if the
march took place after the referendum, scheduled for 16 March.

This reminds me of another Biblical verse: ‘The way of the wicked is like
deep darkness; they do not know over what they stumble’ (Proverbs 4: 19).

What are they so afraid of?
Being one who normally takes part in such events and takes photos of women,
I felt hurt. I suppose precautions had to be taken to avoid so-called
unforeseen circumstances. But what has made our dear government so jittery?
What are they so afraid of? Every time a march or a public talk is
organized, it puts them on their toes – they believe people will be
discussing how to overthrow them.

Come on! Like anyone is going to try! From previous years, I know that the
Zimbabwean people will not try any form of uprising. They’ve had too much of
the war of liberation, too much of riot police, too many examples of unjust
arrests and long incarcerations. I think back to when activist Munyaradzi
Gwisai and 45 others were arrested in 2011 for watching a video of the Arab
spring uprisings. The charge? Trying to find a similar way of overthrowing
the Zimbabwean government.

While doing my job as a photojournalist, I myself have been briefly detained
by the police. I was not doing anything illegal, anything to cause alarm and
despondency – I was taking pictures of a demonstration outside the central
bank – but that experience was enough for me to never want to be on the
wrong side of the law. Not that I know what the wrong side is! Does anyone
in Zimbabwe really?

Today I continue to do my job, albeit cautiously. It's not easy, though,
with the plain clothes intelligence officers around.

The complexities of Zimbabwe’s constitution referendum

http://blevava.blogspot.co.uk/

TUESDAY, 12 MARCH 2013

By Blessing Vava

SADC Executive Secretary Thomas Salamao-His team is here for nothing other than a 'YES'

As the curtain comes down on the COPAC’s constitution making process it is necessary to make a reflection on the process, context and outcome of the document notwithstanding how my beloved Zimbabweans have been deceived and seduced by COPAC’s propaganda onslaught glorifying its ill-fated attempt at constitution making as a people driven, inclusive and democratic. The propaganda has gone to the extent of reporting falsehoods of overwhelming success of COPAC’s outreach programme claiming that the attendance in their meetings is a reflection of overwhelming public support to the draft which has been tabled for a referendum on the 16th of March 2013.

Judging by the low attendance in their awareness/campaign meetings with attendance ranging from 1-60 persons it is absurd that Douglas Mwonzora can suggest that the people of Zimbabwe have overwhelmingly supported COPAC’s draft lying thus: “we are happy with the responses we got; most of the meetings were well attended.” Twenty people and a few hundreds cannot be equated as anything near overwhelming support in a population of 12 573 000 citizens. Such void claims are being made to legitimise this fraudulent process. The truth of the matter is that ZANU PF and its allies in government, the two MDCs under the banner of COPAC are hoodwinking Zimbabweans to vote for their draft.

Joyce Kazembe-Conducting the referendum illegally

Of interest, however is the arrival of the SADC Observer mission Hon Bernard Kamillius Membe, representative of the Chairperson of SADC Organ on Politics, Defence and Security Cooperation who jetted in the country, yesterday, exactly 5 days before the holding of the referendum. Rather disturbing are the observer mission’s ill-informed statements which the people of Zimbabwe should dismiss. In a statement, head of the of team Hon Membe said: ‘’ This Constitutional referendum scheduled for the 16 March 2013 clearly demonstrates movement from signed declarations into tangible results to the benefit of the Zimbabwean citizens. Furthermore, the referendum will ensure the inclusion of the political stakeholders indicating a major milestone towards the realisation of a stable political environment,’’ says the Hon Minister. From his remarks, the Hon Minister already is suggesting to the people of Zimbabwe, that, the ‘draft’ signals democratic progression with results that will benefit Zimbabweans and that it will ensure good governance through the inclusion of political players.

This he says, ignorant to the fact that it is the same SADC that facilitated a bogus power sharing deal that accommodated election losers who had been retired by the people of Zimbabwe on 29 March 2008. The shortfalls of the GPA created this constitution reform framework, a framework which relegated the people of Zimbabwe to spectators, whilst politicians drive the process. Needless to say, national progress is stalled at 2009, the basic livelihoods of Zimbabweans have not improved.

All the reforms which we clamoured for were inadequate; in short it was just lipstick being applied to a frog and packaging old wine in new bottles. The legacy of the inclusive government was about unprincipled compromises and the bellies of the politicians while entrenching poverty among the population. The GPA failed to deal with the socio-economic issues affecting the people of Zimbabwe.

SADC told us, that it was a transitional framework directed at leading the nation towards sustainable democracy manifesting in periodic free and fair elections. Questions arise whether SADC is really concerned about the welfare and rights of the people of Zimbabwe or rather they are concerned about being credited for solving Zimbabwe’s political crisis. Needless to say that there is an inherent failure, deliberate or error of omission, on the part of SADC to understand and stress the importance of economics in power brokering which in the first instance was the most significant indicator of a failed state. They gave us the GPA, which proved to be a disaster, with all the parties alluding to the fact that it was an unworkable arrangement and now they are papering their baby by glorifying a sham process. Of course it’s clear that their mission here is to endorse this fraudulent Kariba draft, oh I mean ‘draft.’ It’s no longer a secret that there is a significant percentage of the population that is campaigning for a NO vote. A reality which the observer team conveniently ignores. Their mission here cannot be impossible, it evidently exhibited from their irresponsible statements that to them it will be a mission possible in Zimbabwe, they are confident and are ready for a YES vote.

MDC99 leader-''The observer team did not respond to his assertions which were generally viewed as last-minute attempts to scuttle the process''-Herald

Reading through the statements they released today, suggest the pre-judgement by SADC that the environment under which this referendum is being conducted is free and fair. Even some statements attributed to the observer team quoted on local radio stations urging the people of Zimbabwe to vote for the draft constitution must be condemned with contempt. The purpose of the Observer team is not to campaign for a certain position but the mission’s mandate is to conduct a comprehensive assessment of the electoral process and to observe the extent to which the referendum complies with international standards for elections, as well as domestic law. So their pre-judging upon arrival statements that the conditions existing favour a credible outcome are immature, biased and regrettable. For God’s sake their first port of call was the Rainbow Hotel whereupon they issue irresponsible statements. The most obvious issues or anomalies in this referendum are that:

• · The COPAC process left out other political parties and civil society formations, making the product wholly ZANU PF/MDCT affair.
• · The state media and some private media houses have ganged up to shut space for the NCA and other organisations and individuals which are opposing the draft. This is despite the clear violation of the SADC Principles and Guidelines Governing Democratic Elections which state access to equal media access as a key yardstick to free and fair electoral processes.
• · COPAC is playing the referee and player at the same time. After writing the draft, logic was that they should not have participated in the awareness campaigns which, instead of educating people about what is in the draft they ended up picking some supposed-good sections to entice the public to vote for the draft: a clear case of canvassing for votes.
• · With barely 4 days before the conduct of the referendum, three quarters of the voting population have not received the draft, COPAC only availed 90 000 with a paltry 20 000 being in vernacular. The courts reluctantly attend to the NCA urgent application court case seeking an extension of date to allow Zimbabweans to be given enough the copies and enough the time to decide on the draft.
• · there is no justification in printing 12 million ballot papers with a country with a voting population of about 7 million
• · The barring of international observers is an indication that Zimbabwe’s electoral processes are yet to be reformed.
• · The state has unleashed the police to harass and intimidate civil society organisations confiscating radios which they claim are weapons of espionage and a threat to national security.
• · The barring of polling agents of groups campaigning for a no vote, opens the process to rigging and manipulation
• · The person running the referendum (Joyce Kazembe) is not qualified according to the current constitution and the laws governing elections and referendums. It casts doubt over the credibility of the Saturday process.

All these factors cannot be ignored; the same will happen during the election period and the same SADC will come again and endorse an election conducted under these conditions. It is my sincere hope that the SADC observer team will meet all the stakeholders (NCA) and hear their side of the story and stop making biased and ill-informed statements about the situation on the ground. We know what we want as the people of Zimbabwe, SADC must not determine the course, it role should be to be the guardian.

Blessing Vava is a blogger who writes from Chipinge. He can be contacted on blessingvava@gmail.com

Constitution Watch 17/2013 of 12th March [Read the Constitution on your Smart Phone or Tablet*]

Constitution Watch 18/2013 of 12th March [Referendum: Further Information ]