http://www.radiovop.com
15/03/2011 10:00:00
Harare,
March 15, 2011 - Attorney General Johannes Tomana is going after
Prime
Minister Morgan Tsvangirai whom he wants arrested for contempt of
court at a
time when the Prime Minister has just left Zimbabwe on a tour to
seek
regional support.
Tomana wants Tsvangirai arrested and prosecuted for his
condemnation of a
Supreme Court ruling which set aside the election of
former Speaker of the
House of Assembly, Lovemore Moyo.
Tsvangirai
left Harare on Monday evening for a five nation regional tour to
drum up
support against President Robert Mugabe’s actions where he is set to
meet
the leaders of South Africa, Zambia, Mozambique, Swaziland and
Botswana.
He is expected to meet South African president Jacob Zuma
in his capacity as
the mediator in Zimbabwe’s political talks and Zambian
leader Rupiah Banda
in his capacity as the Chairperson of SADC’s Troika on
Defence and Security.
SADC are the guarantors of the Global Political
Agreement which brought the
transitional Government two years
ago.
Tsvangirai’s regional tour comes in the wake of increased arrests of
his
ministers and Members of Parliament in recent weeks.
Tsvangirai
last week attacked the Supreme Court ruling saying his party
“will not
accept the decision of some Zanu PF politicians masquerading as
judges”.
“The decision is a clear reflection of the state of affairs
at the Bench,
the Judiciary which in the post-Dumbutshena and post-Gubbay
era largely
discredited itself by becoming a willing appendage of
Zanu
PF,” Tsvangirai said.
“Dubious and pro-Executive decisions have
been made in this era. We will not
accept the decision of some Zanu PF
politicians masquerading as judges. Zanu
(PF) is trying to use the courts to
subvert what it lost
in an election.”
Highly placed sources said
Tsvangirai was likely to be charged under Section
82(1) subsections (a) and
(b) of the Criminal Law (Codification and Reform)
Act.
The section
reads: “Any person who, by any act or omission, impairs the
dignity,
reputation or authority of a court – intending to do so or
realising that
there is a real risk or possibility that his or her
act or omission may have
such an effect, shall be guilty of contempt of
court and liable to a fine
not exceeding level six or imprisonment for a
period not exceeding one year
or both.”
The same section, however, allows for fair and temperate
criticism of the
administration of justice, the conduct of a judicial
officer or any other
decision or proceedings of a court.
Last week
the Supreme Court nullified Moyo’s election as Speaker of the
House of
Assembly, saying it was flawed.
This followed an appeal by Tsholotsho
North MP Jonathan Moyo, MDC’s Moses
Mzila-Ndlovu, Patrick Dube and Siyabonga
Ncube, who challenged his election,
arguing it was fraught with
irregularities.
Tsvangirai’s MDC party has complained about abuse of
the GPA, unilateralism
by Mugabe and violence that has been on the rise
since January.
Spokesperson for the Prime Minister, Luke Tamborinyoka,
told RadioVoP that
Tsvangirai will meet regional leaders among other
stakeholders to press for
Mugabe’s censure over his violations of the
GPA.
Last week Tsvangirai threatened a divorce with his partner in the
transitional government over continued abuses.
“If there is a
breakdown in the relationship of the parties in the GPA, it
is important for
the parties to agree on a clean divorce. As far as we are
concerned, the
roadmap that President Zuma has committed himself to draw up
is the only
solution to this madness,” Tsvangirai said last week.
http://www.swradioafrica.com/
By Tichaona Sibanda
15 March
2011
Energy and Power Development Minister, Elton Mangoma, was on Tuesday
granted
$5,000 bail, ordered to surrender his passport and told not to speak
to
witnesses.
But one of the state witnesses is his permanent
secretary, Justin
Mupamhanga, a person he deals with on a daily basis in the
ministry. The two
are certain to be in contact when Mangoma resumes his
ministerial duties on
Wednesday.
Mangoma, a close ally of Prime
Minister Morgan Tsvangirai, appeared at the
High Court in Harare in
handcuffs and wearing green prison garb, a scene
that left his wife in
tears.
Several senior members of Tsvangirai’s party attended the hearing,
including
Deputy Prime Minister Thokozani Khupe, plus cabinet ministers
Nelson
Chamisa, Tapiwa Mashakada and Eric Matinenga.
Mangoma, who is
also the MDC-T deputy treasurer-general, was arrested last
week Thursday at
his government offices.
The police charged him with abusing public
office, a charge that stems from
an alleged breach of tender regulations in
the purchase of five million
litres of diesel from a South African company.
He has since been indicted
for trial at the High Court on 28th
March.
Mangoma was being held at the Harare Remand Prison and our
correspondent
Simon Muchemwa told us state prosecutors opposed bail,
alleging Mangoma was
likely to abscond.
But High Court Judge Samuel
Kudya dismissed this claim. He also said the
State had no tangible facts to
warrant Mangoma’s conviction, a position that
suggests the state has a very
weak case against the minister.
‘From what the judge said in the court, I
think the prosecution team will
have to move mountains to secure a
conviction because he exposed their case
as weak and with little facts to
suggest a crime was committed.
‘The Judge even alluded to the fact that
when Mangoma bypassed the tender
procedures, he did so in the public
interest to speed up the procurement of
fuel which was in short supply at
that particular time,’ Muchemwa said.
Mangoma’s arrest last week drew an
angry reaction from Tsvangirai, who
called for new elections and said it was
time for a ‘divorce’ in the
two-year-old unity government with Robert
Mugabe.
Tsvangirai is currently on a regional diplomatic offensive to
seek greater
support from the SADC regional bloc, following an intense blitz
on his party
officials and activists by ZANU PF.
Mar 15, 1:37 PM EDT
By GILLIAN
GOTORA
Associated Press
HARARE, Zimbabwe (AP) -- The arrests of
Zimbabweans gathered to discuss what
they could learn from uprisings in
North Africa drew international
condemnation. They turned out to be just the
start of harassment of people
hardline supporters of longtime ruler Robert
Mugabe consider enemies.
A key aide to Morgan Tsvangirai - Mugabe's rival
and partner in an uneasy
coalition - was arrested on corruption charges. The
offices of Tsvangirai's
party have been raided, and members arrested. An
independent civic group
leader was detained for several hours over the
weekend for possessing
T-shirts police claimed were intended to incite
opposition to Mugabe's
authoritarian rule.
Tsvangirai threatened last
week to leave the coalition, and some are
wondering how much more he can
take. Bringing down the coalition could mean
elections for which
Tsvangirai's party and international observers say
Zimbabwe is not
ready.
John Makumbe, a political scientist at Zimbabwe's main university,
said
Mugabe and his ZANU-PF party want Tsvangirai's Movement for Democratic
Change to quit the fragile two-year-old coalition. That way, they could
return to one-party control - and place the blame on
Tsvangirai.
"They want to tell Africa and the region Tsvangirai's people
don't know how
to behave in government positions and they are the spoilers,"
Makumbe said.
Tsvangirai has grown frustrated enough with Mugabe in the
past to have
briefly suspended his participation in the government. But it
is clear he
does not want to play into Mugabe's hands, and that he believes
he can do
more for Zimbabweans from the inside. The economy, health and
education have
improved since he joined the coalition, even if political
violence and
international isolation have not.
On Tuesday, a judge
ordered the release on $5,000 bail of Energy Minister
Elton Mangoma, a
founder of Tsvangirai's party. Mangoma spent five nights in
Harare's
notoriously cramped and filthy prison after plainclothes police
took him
from his ministerial offices.
He is charged with abuse of public office
over a January deal to buy
gasoline from neighboring South Africa to ease
regular fuel shortages in
Zimbabwe.
The corruption allegations carry
a possible penalty of a fine or
imprisonment of up to 15
years.
Mangoma denies wrongdoing. In granting bail, the judge told the
prosecutor
the minister's fuel deal appeared to be a response to national
fuel
shortages and no evidence had so far been given that he personally
gained
money from it.
Small clusters of Tsvangirai supporters clapped
and cheered inside the
Harare High Court as Mangoma, dressed in a khaki
prison uniform and looking
drawn, was released and ordered to reappear for
trial March 28.
Also Tuesday, Tsvangirai's party said 30 police
"besieged" its headquarters
and arrested three staff members late
Sunday.
Nelson Chamisa, a party spokesman, said efforts were still being
made to
find why police took away a youth leader and two security guards
taken away
while on duty at the downtown headquarters.
"No charges
have yet been leveled against them," he said.
In addition, Tsvangirai's
party said two of its lawmakers were arrested in
the past week for alleged
threatening behavior toward a Mugabe party
provincial leader.
The
Crisis Coalition, an alliance of independent civic groups, said Tuesday
its
chief coordinator was detained by police for several hours on Saturday
for
possessing the suspect T-shirts.
The crackdown began when activists
gathered Feb. 19 to watch footage of
North African protests at what
organizers said was an academic discussion on
people's rights to democratic
freedoms. Police swept in and arrested scores,
most of whom were later
freed. Of the group, a former opposition lawmaker
and five other activists
are facing treason charges punishable by death on
allegations they were
meeting to "organize, strategize and implement the
removal of the
constitutional government ... the Egyptian way."
Defense Minister
Emmerson Mnangagwa, a possible successor to the ailing
Mugabe, 87, has
warned that any mass uprising against Mugabe would be
"crushed."
Military analyst Michael Quintana described the appearance
of convoys of
armored cars, anti-riot trucks and water canon in the capital
in the last
month as a show of force by Mugabe's military.
The
French-made armored cars, delivered before an arms embargo was imposed a
decade ago, are fitted with machine gun turrets and carry up to a dozen
combat troops. The vehicles that fanned out into Harare's township suburbs
are well equipped and maintained, he said.
"It is a clear signal of
the army's ability to mobilize quickly and get out
onto the streets,"
Quintana said.
----
Angus Shaw in Harare contributed to this
report.
http://www.radiovop.com
15/03/2011 18:09:00
Harare, March 15, 2011 - The
Welshman Ncube led Movement for Democratic
Change will field Paul Themba
Nyathi as the contestant for the vacant
position of speaker of
parliament.
The position fell vacant after a Supreme Court ruling that
the speaker
Lovemore Moyo of the mainstream (MDC-T) led by Morgan
Tsvangirai, had been
elected improperly in 2008.
“Paul Themba Nyathi
is a charismatic character with unquestionable
credentials to restore sanity
in the house of assembly. A number of MDC-T
and Zanu (PF) legislators have
great respect for Paul Themba Nyathi and none
of the level headed
legislators in our house of assembly dispute the
candidature of Nyathi. As
the MDC we respect the Supreme Court ruling which
we think should serve as a
lesson for habitual cheats and fraudsters who
have the habit of getting into
positions of authority through the back
door," said the party in a
statement.
"It’s unfortunate that a party that calls itself a party of
excellence has
turned out to be a party of fraudsters and pseudo democrats “
read the
statement signed by party spokesperson Kurauone
Chihwai.
Chief Justice Godfrey Chidyausiku in concurrence with Judges of
Appeal,
Justice Vernanda Ziyambi and Justice Paddington Garwe, ruled in
favour of
Tsholotsho North House of Assembly member Jonathan Moyo and the
MDC’s Moses
Mzila Ndlovu, Patrick Dube and Siyabonga Ncube who had applied
to the
Supreme Court for the nullification of Moyo’s
election.
Jonathan Moyo, Ndlovu, Dube and Ncube had appealed to the
Supreme Court
following the dismissal of the case by High Court judge
Justice Bharat Patel
early last year, where they sought to nullify Moyo’s
election as Speaker of
Parliament.
Jonathan Moyo argued the voting
process was flawed and not done by secret
ballot and that it was tainted by
the behaviour of the Minister of Finance,
Tendai Biti, and five other MDC-T
parliamentarians who publicly displayed
their ballot papers after casting
their votes, thereby influencing the
outcome.
The MPs named as having
displayed their votes are Biti, Deputy Prime
Minister Thokozani Khupe, Amos
Chibaya, Gorden Moyo, Severino Chambati and
Piniel Denga.
HRD’s Alert
15 March 2011
Police on Tuesday 15 March 2011 raided the offices of Crisis in Zimbabwe
Coalition (CZC) in search of subversive material.
About four police officers from Harare Central Police Station raided the
CZC offices on Tuesday evening
before proceeding to mount another search at the residence of CZC’s
Director, MacDonald Lewanika.
The police, who were armed with a search warrant signed by Chief
Superintendent Peter Magwenzi said
they were looking for anything subversive such as T-shirts, documents and fliers
or anything incriminating.
The police who included
Detective Assistant Inspector Makombe Morgan and one identified as Justen confiscated some copies of the
Civil Society Monitoring Mechanism reports and the Legal Monitor among other
material.
During the search, the police were accompanied by Lewanika and his lawyer
Tarisai
Mutangi.
After the search, the police proceeded to Harare Central Police Station,
where Lewanika paid an admission of guilty fine of
$20.
Meanwhile,
police have summoned Abel Chikomo,
the director of the Zimbabwe Human Rights NGO Forum to
report to Harare Central Police Station. The police visited Chikomo’s office on
Thursday 10 March 2011 and advised his work mates to report to Harare Central
Police Station.
Chikomo on Monday 14 March 2011 reported to the police in the company of
his lawyer Harrison Nkomo and would report again to the police station on
Wednesday 16 March 2011.
ENDS
http://www.omct.org/
World Organisation
against Torture
URGENT APPEAL - THE OBSERVATORY
ZWE 001 / 0311 / OBS
035
Intimidation / Harassment
Zimbabwe
March 15,
2011
The Observatory for the Protection of Human Rights Defenders, a
joint
programme of the International Federation for Human Rights (FIDH) and
the
World Organisation Against Torture (OMCT), requests your urgent
intervention
in the following situation in Zimbabwe.
Description of
the situation:
The Observatory has been informed by reliable sources
about the continuing
acts of harassment and intimidation faced by Mr. Abel
Chikomo, Executive
Director of the Zimbabwe Human Rights NGO Forum in
Zimbabwe (the Forum).
According to the information received, on March 14,
2011, Mr. Abel Chikomo
was summoned by the Law and Order Section of the
Zimbabwe Republic Police
(ZRP) at the Harare Central Police station. Mr.
Abel Chikomo, accompanied by
his lawyer, Mr. Harrison Nkomo, was
interrogated by a police officer on the
work carried out by the Forum and
its legal status. He was then informed
that the investigating officer in
charge was away and had not left the file
or any instructions. Mr. Abel
Chikomo was then allowed to leave the Police
station and informed that he
will be summoned to appear on a later date. Mr.
Abel Chikomo had to report
on March 15, 2011 in the afternoon and was told
that he would be summoned
again at a later stage.
Over the last months, Mr. Abel Chikomo has been
interrogated and asked to
report to the police on several occasions.
According to the information
received, these summons were related to
activities carried out by the Forum,
in particular the Campaign against
Torture, the Transitional Justice
National Survey and several press
statements issued in 2011 on the
resurgence of politically motivated
violence.
The Observatory is concerned that these acts form part of an
ongoing trend
of harassment by the Zimbabwe Republic Police against the
Forum and more
generally against human rights defenders in the country, in
the run-up to
the referendum on the Constitution likely to take place in
September 2011
and the parliamentary elections due in November
2011.
The Observatory expresses its deepest concern about this summons
and fears
for Mr. Abel Chikomo’s physical and psychological integrity. The
Observatory
calls upon the Zimbabwe authorities to immediately and
unconditionally put
an end to acts of intimidation and harassment against
Mr. Chikomo which
merely seem to aim at sanctioning his human rights
activities.
Background information
On November 11, 2010, Mr. Abel
Chikomo was summoned by Bulawayo Law and
Order police regarding the Forum's
public campaign against torture. Bulawayo
Law and Order police alleged that
billboards put up by the Forum and calling
on the Government of Zimbabwe to
ratify the Convention against Torture and
to outlaw torture were
offensive.
On February 9, 2011, two days after the inception by the Forum
of a
Transitional Justice National Survey, the Machipisa police in Harare
detained two researchers from the Forum and questioned them about this
survey. They released them only after receiving the assurance that Mr.
Chikomo will report the next morning to the Machipisa Police
station.
The next day, on February 10, 2011, Mr. Chikomo was interrogated
at the
Machipisa Police Station about the work of the Forum. The police also
insisted on the fact that the Forum required police clearance to carry out a
survey and an authorisation from the Government of Zimbabwe. After
approximately two hours of questioning, the Machipisa police said it was a
very serious matter that required the intervention of the Harare Central Law
and Order Section. As a consequence, Mr. Chikomo was transferred to the
latter and questioned for more than six hours. Detectives from the Harare
Central Law and Order Section also visited the Forum offices in the city of
Harare on the same day accompanied by Mr. Chikomo. After the visit, he was
released without charges but the police insisted they will call him
later.
On March 10, 2011, two officers from the Harare Law and Order
Section
visited the Forum offices and requested to meet Mr. Chikomo who was
at the
time out of the office. They then asked for the organisation's
registration
certificate and number under the Private Voluntary
Organisations Act. The
two officers instructed that the Executive Director
should report in person
without fail on March 14, as he has “questions to
answer” and needs to
provide the certificate of registration.
Actions
requested:
Please write to the authorities of Zimbabwe asking them
to:
i. Guarantee in all circumstances the physical and psychological
integrity of Mr. Abel Chikomo as well as all members of the Zimbabwe Human
Rights NGO Forum and all human rights defenders in the
country;
ii. Put an end to any kinds of harassment against members of
the Forum
as well as against all human rights defenders in
Zimbabwe;
iii. Conform with the provisions of the UN Declaration on
Human Rights
Defenders, adopted by the General Assembly of the United
Nations on December
9, 1998 and notably :
- its Article 1, which
states that “everyone has the right, individually and
in association with
others, to promote and to strive for the protection and
realization of human
rights and fundamental freedoms at the national and
international
levels”;
- Article 5 (b), which states that “For the purpose of promoting
and
protecting human rights and fundamental freedoms, everyone has the
right,
individually and in association with others, at the national and
international levels [...] to form, join and participate in non-governmental
organizations, associations or groups”;
- its Article 6 (b) and (c),
which states that “Everyone has the right,
individually and in association
with others […] as provided for in human
rights and other applicable
international instruments, freely to publish,
impart or disseminate to
others views, information and knowledge on all
human rights and fundamental
freedoms and [...] to study, discuss, form and
hold opinions on the
observance, both in law and in practice, of all human
rights and fundamental
freedoms and, through these and other appropriate
means, to draw public
attention to those matters”;
- and its Article 12.2, which provides that
“the State shall take all
necessary measures to ensure the protection by the
competent authorities of
everyone, individually and in association with
others, against any violence,
threats, retaliation, de facto or de jure
adverse discrimination, pressure
or any other arbitrary action as a
consequence of his or her legitimate
exercise of the rights referred to in
the present Declaration”.
iv. More generally, ensure in all
circumstances the respect for human
rights and fundamental freedoms in
accordance with in accordance with the
Universal Declaration of Human Rights
and with international and regional
human rights instruments ratified by
Zimbabwe.
Addresses:
* President of Zimbabwe, Mr. Robert G.
Mugabe, Office of the President,
Private Bag 7700, Causeway, Harare,
Zimbabwe, Fax : +263 4 708 211 / +
263.4.70.38.58;
* Mr. Khembo
Mohadi, co-Minister of Home Affairs, Ministry of Home
Affairs, 11th Floor
Mukwati Building, Private Bag 7703, Causeway, Harare,
Zimbabwe, Fax : +263 4
726 716;
* Mr. Giles Mutsekwa, co-Minister of Home Affairs, Ministry of
Home
Affairs, 11th Floor Mukwati Building, Private Bag 7703, Causeway,
Harare,
Zimbabwe, Fax : +263 4 726 716;
* Mr. Patrick Chinamasa,
Minister of Justice, Legal and Parliamentary
Affairs, Ministry of Justice,
Legal and Parliamentary Affairs, Fax: + 263 4
77 29 99 / +263 4 252
155;
* Mr. Augustine Chihuri, Commissioner General, Police Headquarters,
P.O.
Box 8807, Causeway, Harare, Zimbabwe, Fax : +263 4 253 212 / 728 768 /
726
084;
* Mr. Justice Johannes Tomana, Attorney-General, Office of
the Attorney,
PO Box 7714, Causeway, Harare, Zimbabwe, Fax: + 263 4 77 32
47;
* Mrs. Chanetsa, Office of the Ombudsman Fax: + 263 4 70 41
19;
* Ambassador Mr. Chitsaka Chipaziwa, Permanent Mission of Zimbabwe to
the United Nations in Geneva, Chemin William Barbey 27, 1292 Chambésy,
Switzerland, Fax: + 41 22 758 30 44, Email: mission.zimbabwe@ties.itu.int;
* Embassy of Zimbabwe in Brussels, 11 SQ Josephine Charlotte, 1200
Woluwe-Saint-Lambert, Belgium, Fax: + 32 2 762 96 05 / + 32 2 775 65 10,
Email: zimbrussels@skynet.be.
Please
also write to the embassies of Zimbabwe in your respective
country.
***
Paris-Geneva, March 15, 2011
Kindly inform us
of any action undertaken quoting the code of this appeal in
your
reply.
To contact the Observatory, call the emergency line:
*
E-mail: Appeals@fidh-omct.org
* Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80
* Tel and
fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29
http://www.bloomberg.com
By Nelson
Gore Banya - Mar 15, 2011 10:18 PM GMT+1000
Zimbabwe may still hold a
referendum on a new constitition in September even
though the process is
behind schedule, said Munyaradzi Mangwana, a co-
chairman of the country’s
inter-party parliamentary committee.
“We lost one month but still think
it’s possible,” Mangwana told reporters
today in Harare, the capital. ‘‘When
we came up with September, we took the
shortage of funds into account, so we
should still be able to meet the
deadline.’’
A constitution must be
agreed to before elections can take place, according
to a power-sharing
agreement between President Robert Mugabe’s Zimbabwe
African National
Union-Patriotic Front and Prime Minister Morgan Tsvangirai’s
Movement for
Democratic Change.
http://www.swradioafrica.com
By Lance Guma
15 March
2011
Exiled MDC-T Treasurer General, Roy Bennett, used an investment
conference
in Cape Town last week Thursday to blast Old Mutual and its
‘seedy role’ in
the “illicit diamond mining that is occurring in the Marange
diamond
fields.”
Bennett, forced to relocate to South Africa owing
to persistent
victimization by the Mugabe regime, was very blunt in his
assessment,
telling the conference that the diamond fields are controlled by
the
military junta and were “attained over the dead bodies of hundreds of
impoverished Zimbabweans.”
Old Mutual has a 16 percent shareholding
in the New Reclamation Group, a
company that partnered the government to
extract diamonds in Marange.
Bennett expressed outrage that a respected
London-listed financial services
company could continue “its investment and
shareholding in a joint venture
with a disreputable scrap metal merchant and
an infamous confidante of
Robert and Grace Mugabe.”
Old Mutual has
tried to defend its involvement saying its “engagement
post-dated any
reported wrongdoing in the mining area. As a result, Old
Mutual is most
certainly not associated with activities which contravene the
human rights
of citizens.” Bennett however described the excuse as
‘reprehensible and
obscene’ and a ‘blowing of smoke and hot air.’
Bennett said the MDC-T
have urged Old Mutual “quietly behind closed doors,
to quit their
blood-stained investment” but the company has not listened and
this had
forced them to “air our grievances publicly.” He reminded the
investors that
“Old Mutual and its partners have benefited from the daylight
robbery of
mining rights and from massacres by the army and air force of
Zimbabwe.”
Bennett cited the well-documented orgy of violence, where
helicopter
gunships mowed down civilians in cold blood, ‘clearing the decks’
for the
junta’s illegal mining activities. He said the opportunity now
existed for
international celebrities “to mount a Zimbabwean blood diamonds
campaign”
and said the Old Mutual should be aware of the danger to their
share price
should this campaign get underway.
Bennett also
criticized Old Mutual for maintaining a significant share in
Zimpapers, the
publishers of the government-controlled Herald newspaper,
among others. “If
ever there was a practitioner of hate-speech and an
apostle of vice and
violence, this is it. This dirty little rag plays a very
real part in the
butchery and battery of our people,” Bennett said.
“These are but a
couple of examples of the companies that have, and
continue, to walk the
halls of shame in Zimbabwe. There is no shortage of
them. When the day of
judgement comes, I will not lift a finger to save them
from the consequences
of their actions,” he added.
http://www.radiovop.com/
15/03/2011 18:12:00
Harare,
March 15, 2011 - Police on Monday arrested a senior Air Zimbabwe
employee
over a fraud case which happened at the troubled national airline
two years
ago.
Informed sources told Radio VOP that the police arrested Mujere
on Monday
morning as he was about to board a flight to
Johannesburg.
The sources said Mujere was detained at a police post at
the Harare
International Airport before being transferred to the fraud squad
at
Braeside Police Station. By late Monday Mujere had been detained at
Hatfield
Police Station.
Sources said the police suspect that Mujere
facilitated the escaping of
Abraham Katerere, an Air Zimbabwe employee who
reportedly fled to London
under unclear circumstances.
The sources
said investigators are currently undertaking a forensic audit at
the
national airline in connection to the fraud case involving US$2
million.
The Anti-Corruption Commission is reportedly also involved in
carrying out
investigations at Air Zimbabwe.
Air Zimbabwe board
chairperson Jonathan Kadzura on Monday confirmed the
investigation and the
arrest of Mujere.
“It’s not quite an arrest. He (Mujere) has gone to
assist with fraud. He has
only been picked because he authorised the absence
of the guy who went to
the UK,” said Kadzura in reference to
Katerere.
Kadzura said Mujere was arrested as he was about to travel
outside the
country on Air Zimbabwe business.
“He was supposed to have
gone to the police to assist them over the weekend
but he did not,” said
Kadzura.
Once rated one of the best airlines on the continent, Air
Zimbabwe has been
run down by years of mismanagement, government
interference and lack of
financial resources.
http://www.swradioafrica.com
by Irene Madongo
15 March
2011
Reserve Bank Governor Gideon Gono says the best solution for the
wrangle
over Shabanie Mashaba Mines (SMM) is for its owner and the state to
put
their past differences behind them and negotiate, in order to move
forward.
Gono said this on Monday when he appeared before the
Parliamentary Portfolio
Committee on Mines and Energy to explain issues
relating to the
specification of SMM.
In 2004 the government, led by
Justice Minister Patrick Chinamasa, took over
businessman Mutumwa Mawere’s
empire, claiming he was heavily indebted to the
state and had externalised
huge sums of foreign currency in the process. But
in 2010 Mawere was then
declared a ‘de-specified’ person, and it was hoped
this would pave the way
for a return of his companies. However, reports
suggest Chinamasa and
Defence Minister Emmerson Mnangagwa are blocking this.
At his appearance
before the Committee on Monday, Newsday reports that Gono
did admit that the
state had used ‘political influence’ in the wrangle
surrounding SMM. When he
was asked if the law had been selectively applied
on Mawere, Gono said it
had been.
However he insisted it was possible for the state and Mawere to
work
together in order to move forward.
“I do not believe this matter
is beyond resolution because this country has
gone through much more
difficult cases, which make this one less difficult,”
Gono said. “We cannot
move on as a country as long as we keep on holding to
yesterday,” he
added.
On Tuesday Mawere told SW Radio Africa that he does not want to
fight
either. “I have no wish to fight the state,” he said. “Anyone who is
trying
to find solutions can never be blamed,” he added.
But he
expressed his concern that laws had been used by individuals for
personal
gain, instead of national interests. “Gono himself has said laws
were
applied selectively. When laws are applied selectively then we must
know
that something is wrong,” he explained.
The SMM affair has meanwhile
badly hit the companies workers, who have gone
for two years without
salaries under the government’s control. They
eventually asked Robert Mugabe
to intervene, accusing management of not
being sensitive to their plight.
But their situation has not changed.
http://www.dailynews.co.zw
By Stff Writer
Tuesday, 15 March 2011
17:08
SHURUGWI - About 100 villagers living around Unki platinum mine
in Shurugwi
last Thursday demonstrated against management, claiming they
were not given
preference in the employment of general hands as
promised.
The locals claim the platinum miners promised them 75
percent of general
hand jobs when they resumed mining operations in the
area.
The placard waving villagers, who barricaded the entrance to the
mine forced
operations to stop for about four hours before police were
called in to
contain the situation.
The villagers also alleged that
some personnel in the human resources
department were soliciting for goats
in exchange for jobs.
“Besides not being given much preference for
employment as locals, we are
asked for goats in exchange for jobs,” claimed
one villager.
Some of the villagers slept at the mine entrance on
Wednesday night chanting
songs, saying they also want a fair share of the
platinum mineral wealth.
Shurugwi police confirmed the incident and said
10 villagers were arrested
but were released after representatives from
villagers later met Unki
management to discuss the issue.
“We were
called to calm the situation and the crowd dispersed around 11 am,
after
representatives from the villagers met the mine management. Ten
villagers
were arrested but later released,” said the police.
Repeated efforts to
contact Unki mine spokesperson James Maphosa were in
vain as his mobile
number could not be reached.
Contacted for comment, the traditional
leader of the area, Chief Nhema, said
it was only fair for the mine to give
preference to the locals, particularly
those who were displaced to pave way
for mining activities.
He said the demonstration had nothing to do with
politics but empowerment of
locals who were affected by the mining
activities at Unki mine.
“Look we are saying that at least a huge
percentage of general hand jobs
go to locals living in the mining area. But
at the moment less than 30
percent of the general hands at Unki Mine are
from the Shurugwi area. After
this meeting (follwing the demonstration),
they have only promised to look
into the matter. This is unfair and we hope
the mine seriously consider this
issue.
“There is no politics
involved. It all has to do with empowering locals,”
said Chief Nhema.
http://www.thezimbabwean.co.uk
Written by Staff Reporter
Tuesday, 15
March 2011 18:13
Zanu PF thugs, accompanied by Central Intelligence
Organisation, CIO,
operatives this week ordered staff and management at the
Upper City Hotel on
Fife Avenue and Sam Nujoma Street to pull down a
portrait of US President,
Barack Obama displayed in the bar.
The incident
happened on Monday although the hotel has Mugabe’s portrait at
its
reception as is the case with all public places. According to the
sources,
the youths also ordered the removal of Argentine revolutionary,
Ernesto Che
Guevara, saying they did not want to see a picture of ‘a white
man’.
The
Zanu PF hoodlums, who descended on the entertainment area appeared to
be
heavily sloshed from what seemed to be illegal substances, said one
patron
who spoke to The Zimbabwean. Upper City Hotel is a former red light
area but
new management renovated the joint and banished the commercial sex
workers
who patronised the place.
The hotel has changed names from Terresken then
later to The Bira. Hotel
workers told The Zimbabwean that the Zanu PF youths
and CIO operatives said
they could not stand the sight of the portrait of
Obama in the absence of
President Robert Mugabe in the bar.
“They, (Zanu
PF youths) were very drunk and disorderly. They said Mugabe
had just
celebrated his 87th birthday and they would not allow the
portrait of the
American president to have pride of place in a Zimbabwean
public place.” An
employee at the Upper City Hotel told this newspaper that
they now feared
for their lives as the hoodlums had threatened to return to
‘assess the
level of patriotism’ among patrons and workers.
“We are now living in fear
because these thugs may return and that may chase
our patrons away or they
may even harm us physically. They may even come and
demand free beer or loot
the place,” he said. The Zanu PF youths had no
qualms with a portrait of
Zanu PF and President Robert Mugabe praise singer,
losing Big Brother
contestant, Munyaradzi Chidzonga .
The seductive power of Marilyn Monroe
also prevailed on the violent youths
as they agreed that her portrait did
not have to be removed.
The storming of the Upper City Hotel appears to be
part of a well planned
operation as another drinking outlet, Portugal
Restaurant has been targeted
in the past two weeks by drunken soldiers and
Zanu PF supporters who have
threatened to take over the operations of the
outlet under the
Indigenisation and Empowerment Act.
http://www.businessday.co.za/
African Development Bank seeks policy
clarity, says Côte d’Ivoire threatened
with collapse, writes Nasreen
Seria
Published: 2011/03/15 06:59:16 AM
ZIMBABWE’s economic progress
has become "stuck" because of a lack of clarity
on policy, while Côte
d’Ivoire is threatened with collapse amid a political
crisis, says African
Development Bank president Donald Kaberuka.
Mr Kaberuka visited Zimbabwe
last week as part of a three-nation tour of
southern Africa, urging
authorities to clear up confusion about the
Indigenisation and Empowerment
Act, which compels foreign companies to sell
stakes to local citizens. He
also called for political parties to stick to a
power- sharing agreement or
risk investors fleeing the country again.
"Zimbabwe has done the basics
but now they’re stuck," Mr Kaberuka said in an
interview at the weekend in
Pretoria.
"They’ve stabilised the macroeconomic environment but they
can’t move" to
the next phase of development "until there’s policy clarity
on property
rights, less uncertainties and more predictability", he
said.
While the indigenisation laws have been passed by legislators ,
there have
been conflicting messages from policy makers about their
implementation.
The legislation requires foreign and white-owned
companies to cede 51% to
black Zimbabweans.
The Movement for
Democratic Change, led by Prime Minister Morgan Tsvangirai,
formed a
power-sharing government with President Robert Mugabe’s Zanu (PF)
in 2008
following disputed elections. While the government of national unity
helped
end a decade of recession, it has often come close to breaking down.
The
risks that a collapse in the power-sharing government would pose to the
economy "are considerable", Mr Kaberuka said.
"In the short term,
confidence will be lost and re-engagement with
international partners will
be seriously compromised.
"For the long-term investment outlook, it’s a
no-brainer."
The power-sharing agreement "is what gave confidence for the
return of macro
stability", he said. "So you understand our concern. When
the global
political agreement seems to be shaky, investors get worried,
external
partners get worried, and I suppose, Zimbabweans should be worried
as well."
The African Development Bank, based in Tunisia’s capital,
Tunis, is helping
Zimbabwe improve its debt management as it seeks to have
7bn in debt owed to
the African Development Bank, World Bank and
International Monetary Fund
(IMF) cancelled.
The African Development
Bank had set aside 500m to help Zimbabwe clear its
arrears, a first step
towards a debt write-off, Mr Kaberuka said. A
precondition to making the
funds available would be for Zimbabwe to agree on
an IMF-monitored plan that
aims to sustain economic growth.
Mr Kaberuka said the political crisis in
Côte d’Ivoire following a disputed
November 28 election had continued for
"too long", to the detriment of the
economy and its people. Its economy "has
become dysfunctional", he said.
"Credit to the economy has dried up. They’re
having challenges paying the
civil service; they’re having challenges
exporting cocoa and coffee. I can’t
use the term breakdown of the economy
but it’s become dysfunctional. And the
entire region is becoming
affected."
The African Union (AU) said last Friday it backed Alassane
Ouattara as the
legal president of the world’s largest cocoa producer.
Incumbent Laurent
Gbagbo, has refused to relinquish power.
The World
Bank and African Development Bank have suspended funds to the
country and
cocoa exports have been disrupted. "I hope the AU appeal is
adhered to
because it’s a unanimous position," Mr Kaberuka said. Bloomberg
http://www.newzimbabwe.com
15/03/2011 00:00:00
by Lebo
Nkatazo
PRIME Minister Morgan Tsvangirai and the deposed Speaker of
Parliament
Lovemore Moyo have “opened themselves to a clear and unambiguous
risk of
prosecution” following their attacks on the Supreme Court,
Tsholotsho North
MP Jonathan Moyo (Zanu PF) said on
Tuesday.
Tsvangirai accused Supreme Court judges of being “a willing
appendage of
Zanu PF” and the former Speaker said the judges were “loyal and
faithful to
the cause of Zanu PF” after they nullified Lovemore Moyo’s 2008
election.
Both now face the possibility of being charged with contempt of
court.
The Tsholotsho North MP, a member of the Zanu PF politburo whose
court
application ended in the Speaker's ouster, said Tsvangirai and Moyo
“have a
right to attack and disagree with judgements but no right to attack
judges”.
“One is a Prime Minister of Zimbabwe who has taken an oath to
respect and
uphold the laws of the country. The rule of law he preaches also
means
accepting that judges have a responsibility to interpret the law,
no-one
else can claim to have authority in interpreting the law except the
courts,”
Moyo said.
“Tsvangirai has done what nobody else in the
executive has ever done. He has
undermined not only the rule of law, but his
own claims to be a champion of
democracy and rule of law and proven that he
has no respect or understanding
of the rule of law.
“No-one will listen
to him in future when he preaches about the rule of law
because to him that
means the rule of MDC-T.”
The Attorney General Johannes Tomana is said to
be considering bringing
charges against the Prime Minister and the former
Speaker – an action that
could further strain relations in an already tense
governing coalition with
President Robert Mugabe’s Zanu PF party and a rival
MDC faction led by
Welshman Ncube.
Tsvangirai was furious after the
Supreme Court last week voted 3-2 to
nullify Lovemore Moyo’s election as
Speaker, after finding that MPs from
MDC-T had been compelled to display
their votes in what was supposed to be a
secret ballot.
Tsvangirai
stormed: “This decision is a clear reflection of the state of
affairs on the
Bench. A judiciary which in the post-Dumbutshena and
post-Gubbay era has
largely discredited itself by becoming a willing
appendage of Zanu
PF.
“Dubious and pro-executive decisions have been made in this era. We
will not
accept the decisions of some Zanu PF politicians masquerading as
judges.
Zanu PF is trying to use the courts to subvert and regain what it
lost in an
election.”
And offering his response, Lovemore Moyo told
New Zimbabwe.com last Friday:
“We are aware that the majority of our people,
learned men and women on the
Bench, owe it to the (Robert) Mugabe regime,
and obviously it is given that
when it comes to a call when they have to
make decisions, crucial decisions
for that matter, they have to pay back the
master. In this case, do things
in favour of Zanu PF.
“So I was not
shocked because I knew that 99 percent they would certainly
favour their
master.”
But Jonathan Moyo, speaking in an interview, said the twin
attacks on the
Supreme Court judges by the senior MDC-T officials was
"particularly
surprising", given that judges have handed down many adverse
judgements
against Zanu PF interests.
On the same day judgement was
handed down in the Speaker’s case, Chief
Justice Godfrey Chidyausiku shot
down the Attorney General’s appeal against
the acquittal of MDC-T treasurer
Roy Bennett on treason charges. Tsvangirai
himself was acquitted on treason
charges in 2004 over an alleged plot to
assassinate Mugabe.
Moyo
said: “If these were Zanu PF judges doing Zanu PF’s bidding, this guy
(Tsvangirai) would be six feet under by now. He is forgetting very quickly.
We in Zanu PF were furious that he got away, but we did not call judges
MDC-T appendages.
“To be sure, citizens in a democracy have a
constitutional right to disagree
with judgements, but they have no right to
cast aspersions and attack the
integrity of judges.
“We can attack
judgments but not judges. Attacking judgements is part of
advancing
democratic space because it brings out views which the judge might
not have
taken into account and helps in future cases.
“Judgments are not gospel
truths, they are not biblical. They are legal.
What is legal today may not
be legal tomorrow.”
Lovemore Moyo, said the MP, was especially culpable
because he was a
litigant in the Supreme Court case.
“His case is
worse,” said the Tsholotsho North legislator, a former
Information Minister.
“His contempt is worse because here is a person who
was a second respondent
in this matter and had every opportunity in the last
24 months to make his
case before the courts.
“He brought a lawyer from South Africa, the son
of a South African apartheid
judge, and won the case before the High Court.
We never complained that it
was a political ruling.
“The High Court
said their displaying of ballot papers was impolitic, and
found Moyo was one
of the culprits who created the problem before the
courts. He did not
challenge that finding of facts. The Supreme Court took
that as a matter of
fact, and the case before it was not whether or not
there were
irregularities but whether that irregular conduct violated the
constitution
and rendered the contest null and void.
“He was heard and succeeded in the
High Court but lost in the Supreme Court.
“What now needs to be done is
to teach him and Tsvangirai that they are not
above the law, and that they
are prosecutable. If this was a reckless
challenge to the rule of law, then
the rule of law must take its course.
There is no better way of teaching
them that lesson than hauling them before
the same court that they have held
in contempt.”
New Zimbabwe.com columnist and legal expert Alex Magaisa
has criticised both
Moyo and Tsvangirai for their attacks on the courts, but
said unfortunately
they were not the first to take aim at judges following
adverse decisions.
“Some characters who today point accusatory fingers do
not seem to have a
clean record when it comes to contemptuous behaviour
towards the courts,”
Magaisa said. “No doubt they will justify their
conduct, just as Tsvangirai
will also try to justify his recent
comments.”
Magaisa recounted the Tsholotsho North MP’s attack on Justice
Ismail
Chatikobo in October 2000, when he was still Information Minister.
Chatikobo
had granted Capital Radio an after hours injunction stopping the
seizure of
its equipment.
Moyo railed against what he said were “night
lawyers going to see night
judges in a night court to seek night
justice”.
After Justice Minister Patrick Chinamasa was hit with a
contempt charge by
Justice Blackie for his own criticism of judges, Moyo
remarked that “there
is no doubt that fair minded and law abiding citizens
will see this
judgement for what it is: outrageous, sinister and a highly
personalised
crusade by someone who should be packing his
bags.”
Magaisa added: “It is not right for politicians – Zanu PF, MDC or
whomsoever
to abuse the courts and judges yet it is also not right to apply
the law
selectively. The matter needs sober minds and sober politicians to
raise
their hands and clean up their act and for judges to maintain the
integrity
of their office by not only dispensing justice but as the old
adage goes, be
seen to be doing so.”
But Moyo insists there is no
“national value” in looking back at the era of
“Rhodesian judges” when “the
whole cast of players has changed from that
time in terms of judges, the
attorney general, the police, the culprits, the
crimes and the
times.”
“The last time I checked, Dr Magaisa was a lawyer. If I am
correct, then he
should know that what he is saying is not a legal defence.
And this is a
legal matter that requires a legal defence.
“If you are
arrested for murder, you don’t say you are innocent because
there are other
murderers out there,” Moyo said.
15 March 2011
HIV prevalence in Zimbabwe has declined remarkably in recent years, dropping from 26% to 14% between 1997 and 2009. In a recent edition of the journal PLoS Medicine, researchers explored the reasons for this decline and examined what lessons can be learned and replicated.
Sponsored by UNFPA, UNAIDS and the Zimbabwean Ministry of Health and Child Welfare, the study pinpointed several key factors in Zimbabwe’s success. These include changes in sexual behaviour, personal experiences related to the high AIDS mortality in the country and correct information about HIV transmission.
“The behaviour changes associated with the HIV decline appear to be largely the result of people increasingly talking about HIV and its link to risky sexual behaviour,” said Clemens Benedikt, HIV prevention manager in the UNFPA office in Zimbabwe and one of the authors of the report.
The most significant cause of the decline was seen to be the reduction in multiple sexual partnerships, with a 30% fall in men reporting extra-marital relationships. This can be partly attributed to the success of HIV prevention programmes, both mass media and those based on inter-personal communication through the church, work-place, friends and family. Such programmes stressed the protective effect of having fewer partners and promoted condom use during casual sex.
According to the study, there have been a number of significant shifts in sexual norms. For example, in previous years, men gathering in beer halls and bottle stores tended to be surrounded by women, some of whom were sex workers. Now, it is more typical for such places to be men only.
The entrenched economic crisis has also played a role. Men reported having less money to spend on sustaining multiple partnerships as well as using the services of sex workers. However, this is noted as a secondary factor given that the most severe effects of the financial crisis were felt after 2002 when most of the decline in HIV incidence had already happened.
Another apparent spur in behaviour change was high AIDS mortality. AIDS-related deaths increased significantly during the mid- to late-nineties and stabilized after 2000. Many women and men in the authors’ focus groups reported that knowing people who had died as a result of AIDS was a large motivating factor to modify their own sexual behaviour. According to the study, the policy of home-based care for people living with HIV adopted in Zimbabwe may have also contributed to this phenomenon as people were brought face-to-face with the reality of AIDS in their own homes.
“Zimbabwe provides a clear example of the profoundly positive results that behaviour change can bring about in an effective AIDS response,” said Bruce Campbell, co-author of the report and currently UNFPA Representative in Viet Nam. “People can and do look at their individual and collective circumstances and make informed decisions about how to protect themselves and others, especially in an environment where information and education interventions highlight the link between sexual risk behaviour and HIV.”
The authors also argue that Zimbabwe's experience highlights the importance of prevention in an effective and sustained response to HIV, despite the growing availability of antiretroviral drugs. According to UNAIDS, globally there are still two new HIV infections for every one person starting treatment and prevention efforts make up only around 20% of AIDS-related spending in low- and middle-income countries.
Similar to the Zimbabwean example, HIV prevention success has been achieved in a number of countries in sub-Saharan Africa. According to the latest UNAIDS report on the global epidemic, some 22 countries have reduced the rate of new infections by more than 25% between 2001 and 2009. These include several other countries with the region’s highest prevalence, including South Africa and Zambia. And in many cases, it is young people who are leading the ‘prevention revolution ‘and changing their behaviour by deciding to delay sex, having fewer partners and using condoms.
Hello out there. Work in and for Zimbabwe. Help grow our nation. Check out the vacancies below. If you’d like to receive this sort of information by email each week drop us a note saying “subscribe” to info [at] kubatana [dot] net
Strategic Planning Specialist (HEAD –
RCO)
Deadline: 16 March 2011
Location: Harare
Type of Contract: FTA
International Post
Level: P-4
Languages Required: English
Starting
Date: (date when the selected candidate is expected to start)
01-Apr-2011
Duration of Initial Contract: 1 Year
Background
The role of the United Nations in Zimbabwe has become increasingly important, as both the Government of Zimbabwe and its Development Partners consider the United Nations Country Team to be a key strategic partner and as playing a vital role in coordinating and channelling support to the country.
The country is currently in a complex and rapidly changing context of transition, which increasingly engages the UNCT as a significant partner in Zimbabwe’s development. Moreover, ongoing humanitarian needs, as well as varying shifts to recovery, posit the UN as a considerable player in supporting and leading the transition to a sustainable state of recovery, from relief to development.
In order for the UNCT to successfully fulfill its mandate, increased capacity is needed to respond to these circumstances. The United Nations Inter-Agency Support Unit (RCO) is supporting the UNCT in these processes. Accordingly, this Unit is working under the leadership of the UN Resident Coordinator, providing comprehensive support in his role as convener of the UNCT. Consequently, the United Nations Inter-Agency Support Unit is also working to provide a platform between the activities of OCHA, UNDP, UNDSS, and UNIC, all functions falling within the mandate of the UN Resident Coordinator.
Therefore, with the enhanced role of the United Nations, and the ensuing increased role of the United Nations Inter-Agency Support Unit to support the UNCT, a strong, flexible and versatile support office with strategic policy, advisory, planning and advocacy skills is required.
The Zimbabwe UNCT is seeking to recruit a Strategic Planning Advisor / Head of RCO to advance UN coherence efforts in order to improve the impact of the UN’s activities. The Strategic Planning Advisor / Head of RCO, will work under the direct supervision of the Resident Coordinator and in close collaboration with the UNCT. The post is a Management Project Funded position.
For more information and to apply, please visit http://jobs.undp.org/cj_view_job.cfm?job_id=22051
Variety of positions: USAID
project
Deadline: 18 March 2011
Chemonics International, a U.S. based international development consulting firm, is seeking professionals for an anticipated four-year USAID-funded project in Zimbabwe that will promote economic growth. The project’s objective is to promote poverty reduction and increased employment within a supportive macro-economic environment. We are looking for individuals who have a passion for making a difference in the lives of people around the world.
We are seeking technical specialists in the following areas:
- Macroeconomics/applied economics
- Economic
policy /business enabling policies/ pro-poor or inclusive growth policies
-
Labor market economics
- Public finance
- Private sector competitiveness
and governance
- Financial sector regulation and sector-specific policy:
extractive industries, agricultural, energy
- Regional trade and
integration
- Monitoring and evaluation & data management
-
Communications & public outreach
- Gender and human rights
- Human
capacity building, professional training
- Institutional capacity building
and strengthening
- Legal drafting and training
- Finance manager/
accountant
- Grants/Contract/Office Management Specialist
Qualified candidates will have:
- An advanced
degree preferred in a related field (i.e. macroeconomics, education, or Juris
Doctor);
- Proven record in successful delivery of technical assistance and
ability to provide capacity building;
- Proven managerial/supervisory
experience and strong writing and interpersonal skills;
- Experience with
USAID highly preferred;
- Experience working collaboratively with the
government of Zimbabwe, international donors, and local organisations;
- At
least 5-10 years of experience promoting economic growth, capacity building,
and/or policy reform;
- Fluency in English is required
Application Instructions: Send Curriculum Vitae, cover letter, and at least 3 professional references to ZimbabweSERArecruit [at] chemonics [dot] com
Please indicate area of technical specialty or position title in the subject line. No telephone inquiries, please. Finalists will be contacted.
Chief Social Policy, National Officer:
United Nations Children’s Fund (UNICEF)
Deadline: 21 March
2011
Vacancy Notice No. Zim/2011:07
NOD Level
based in Harare, Zimbabwe (Fixed Term Post)
UNICEF, the world’s leading children’s rights organization, has an opening for passionate and committed professionals who want to make a lasting difference for children in Zimbabwe. We are seeking people with a commitment for women and children, high drive for results, demonstrable embracing of diversity, integrity, demonstrable teamwork, good self-awareness and self-regulation.
Purpose of the Job:
Under the supervision of Representative, this position is accountable for effective engagement in social policy dialogue with the Government for programme development, advocating for increased public resource allocation and budgeting towards the social sectors and sustainable decentralization of social services and local capacity building in support of the goal of universal coverage of essential social services and the creation of a protective environment for children. Conducts data collection and analysis to fill information gaps and to strengthen capacity for advocacy for children’s rights, and to support the Millennium Development Goals (MDGs) and the World Fit for Children (WFFC) agenda.
Major Tasks to be accomplished:
1. Current information on state budget and
spending patterns and decentralization status of social services are monitored
and updated on an on-going basis to support advocacy for decentralization and
universal coverage of essential services.
2. Decentralization of social
services is made sustainable through adequate local support, keeping
decentralized services both accessible and effective. Programme plans of action
are developed for children at provincial and district/municipality levels;
coordination between sectors is increased and links between different levels of
government structures for policy implementation are strengthened.
3.
Data-driven analysis is provided for effective prioritization, planning,
development, and results-based management for planning, adjusting, and
scaling-up specific social policy initiatives.
4. Advocacy efforts are
effectively made to raise awareness on children’s rights with both the general
public and with policy makers and to ensure local buy-in and continued relevance
of UNICEF programming.
5. Effective partnerships with the Government,
international financial institutions, UN agencies and other agencies established
to enable sustained and proactive commitment to the Convention of the Rights of
the Child and the Millennium Development Goals for continuing worldwide progress
of the UNICEF mission.
6. UNICEF social policy programme effectively planned,
implemented and managed in support of the country programme.
7. Support to
government capacity in child-friendly budgeting.
8. Assistance to government
in aid coordination and aid effectiveness.
9. Support to all of UNICEF
program sections in sector policy and budget analysis.
Qualifications and Competencies:
- Advanced university degree in Economics,
Policy, Social Sciences, International Relations, Political Science,
International Finance, or other relevant disciplines.
- At least eight years
of relevant professional work experience.
- Developing country work
experience (for IP) or field work experience (for NO).
- Good analytical and
organizational skills and ability to work in a multicultural
environment.
If you have experience of working in a similar capacity, meet the above profile and want to make an active and lasting contribution to build a better world for children, send your application quoting vacancy notice number to the following address.
HR Specialist
(Vacancy Notice No. 07:
Zim-2011)
UNICEF, 6 Fairbridge Avenue,
P O Box 1250
Belgravia,
Harare
Or email: hararevacancies [at] gmail [dot] com
Only candidates who are under serious consideration will be contacted.
Two (2) Regional Finance Officers:
VSO
Deadline: 21 March 2011
Based in: Nairobi, Kenya OR Lusaka,
Zambia
Salary: £26,000 – £29,000 per annum
VSO is a leading international development organisation that fights poverty through people. We deliver relevant and cost effective work that promotes volunteering to fight global poverty in over 50 countries around the world.
We currently have two vacancies, one covering East Africa (based in Nairobi) and one covering Southern Africa (based in Lusaka). With principal responsibility for restricted funding in each region, the Regional Finance Officer plays a key role in supporting and advising programme offices in managing their donor grants, budgets and reports, and building up programme office capacity in finance and donor contract related matters. The role also covers general financial management work relating to country offices where priorities and time allows.
The position is part of a matrix management structure, working closely with the Finance Manager International Programmes, Regional Director and members of the Regional Management and Support Team.
We are looking for a person who is:
- Part or fully qualified accountant
- Has
experience of donor-related financial management and reporting
- Able to
develop strong and effective relationships with programme staff in different
countries and work in a regional support team that is spread across the
world
- Organised and self-motivated and able to achieve results
Substantial travel within the region and to/from the UK is expected. Please visit http://www.vso.org.uk/job/30668/regional-finance-officer-%28×2%29 for more information. When applying please include details of your current compensation package and salary expectations. Please include the Equal Opportunities Form with your application.
5 (Five) vacancies: Parliament of
Zimbabwe
Deadline: 27 March 2011
Applications are invited from suitably qualified and experienced professionals for the following positions:
1. Counsel to Parliament
Location: Counsel’s Office
Reports to: Clerk
of Parliament
Main Job Purpose
To provide legal services to
Parliament Administration and Committees
Job Description
The Counsel to Parliament,
Deputy Clerk/Principal Director level will be responsible for providing the
following legal services to the Parliament of Zimbabwe:
- Advising Parliament
on all legal matters pertaining to the execution of its mandate
- Rendering
written and oral legal advise
- Statutory interpretation and legislative
analysis
- Analysing and advising on service agreements and other legal
documents
- Ensuring regulatory compliance in all the operations and dealings
of Parliament
- Providing secretariat services to the Parliamentary legal
Committee
- Attending to litigation, including instruction and liaising with
external Counsel
- Performing any other duty assigned b the Clerk of
Parliament
Personal Attributes
- Demonstrated maturity
and ability to work in a multicultural and political setting
- Excellent
written and communication skills
- Professionalism and personal
integrity
- Demonstrated solid work ethic
- Ability to work under
pressure
Job Specification
- Bachelor of Law
Degree
- At least 5 years working experience, preferably in a public
office
- An interest in and thorough knowledge of Constitutional and
Administrative law
- Competence in legal drafting
- A post graduate legal
qualification in law or public administration is an added advantage
- Sound
knowledge of Parliamentary Practices and Procedures
2. Deputy Clerk
Location: Procedural Office
Reports to: Clerk
of Parliament
Main Job Purpose
To carry out specific
procedural and administrative duties
Job Description
- Management of assigned
departments
- Providing procedural advice to Presiding Officers and Members
of Parliament
- Undertaking Table duties in the Houses of Parliament
-
Performing any other duties as may be assigned by the Clerk
Personal Description
- Demonstrated maturity
and ability to work in a multicultural and political setting
- Excellent
written and communication skills
- Professionalism and personal
integrity
- Demonstrated solid work ethic
- Ability to work under
pressure
Job Description
- A Social Science, Arts or
Law degree
- A relevant Masters’ degree would be an added advantage
- A
minimum of 8 years relevant working experience, of which 3 years must have been
spent at a senior management position
- Sound knowledge of Parliament
Practices and Procedures
3. Research Officers x 3
Grade: 8
Location: Information Services
Directorate
Reports to: Director Research
Main Job Purpose
To provide research and
analysis services.
Job Description
- Providing proactive and
reactive research and analysis to Portfolio Committees
- Conducting research
on socio-economic and political issues as they impact on Zimbabwe
- Preparing
speeches for Presiding Officers and Senior Officials of Parliament, as
required
- Attending workshops, seminars and conferences
- Assisting MPs
with information pertaining to the development of their constituencies
-
Preparing Bill digest and fact sheets
- Creating and updating databases,
including Informatics Project
- Writing reports
- Liaising with relevant
government agencies, institutions, institutions of higher learning, research
institutions and other stakeholders
Job Description
- An honours degree in
Economics, Rural and Urban Planning / Geography / Environmental Studies and
Sociology
- Demonstrable research or policy formulation or implementation
experience at university, government department or institution of similar
standing
- Advanced verbal and written skills in English
- Sound
interpersonal and organisational skills
- Candidates with Masters Degree or
other postgraduate qualifications are preferred
Conditions of service and other benefits will be disclosed to short listed candidates. Female candidates are encouraged to apply for Posts of Deputy of Clerk and Counsel of Parliament.
Applications together with detailed Curriculum Vitae, copies of certified educations and professional certificates, three referees and contact details can be sent to:
Clerk of Parliament
P. O. Box CY
298
Causeway
Harare
http://www.moneyweb.co.za
Vince
Musewe*|
15 March 2011 10:47
My message to Mugabe is that the only way out is
out.
JOHANNESBURG - Picture this: An MDC minister of energy is arrested
on
allegations of misuse of public office. In the mean time, the home
affairs
minister who is in the same party and allegedly in charge of the
police
force has no clue why her colleague was arrested and where he is
being held.
While this is all happening, Zimbabwe is hosting an investor’s
conference
after announcing that they are taking over companies and mines.
In addition,
hundreds of millions of diamond proceeds are missing and the
minister of
mines cannot account for them and yet he is scot free. With all
this
nonsense happening, the MDC cries foul while Mugabe flies off, once
again to
another international African gathering.
I know that I have
spoken before on what needs to happen in Zimbabwe but it
is obvious to some
of us now that the end of ZANU (PF) is near. Desperate
times required
desperate measures and we are beginning to see the scenario
play itself out
in Zimbabwe. As ZANU (PF) realises that there time is coming
to an end, we
are bound to see things become worse. I am told that violence
and
intimidation are now on the increase especially in the rural areas and
the
plan is to arrest and discredit as many MDC members as possible. I
therefore
will not be surprised if the finance minister or even Morgan
Tsvangirai
himself are the next to be arrested on frivolous charges.
In my opinion,
if anyone has misused the public office and should be
arrested it is Mugabe
and his ministers. For many years, we have watched how
they all have
plundered the resources of the country, misused public office
and promoted
violence. The MDC must now seriously consider pulling out of
this government
of national unity which has worked to prolong ZANU (PF) grip
on power. The
only difference between Qaddafi and Mugabe is that the latter
has not
started bombing Zimbabweans but I would not put that past him.
In the
event that the MDC does pulls out, one would expect more pressure and
tangible action from the international community for credible elections to
be held sooner rather than later. But is that about to happen? I don’t think
so, we are going to see further deterioration of conditions in Zimbabwe and
the worst is yet to come.
In my opinion, Mugabe has prevailed to date
because of the support he gets
from other African leaders. The SADC has been
conspicuous by their absence
in condemning violence and the lack of freedoms
in Zimbabwe while the
African Union is irrelevant and ineffective. Our only
hope is for South
Africa to put more pressure on Mugabe and also freeze his
assets as we have
seen in the case of Qadaffi. Sanctions must be intensified
and maybe
ordinary Zimbabweans will rise to the occasion. I have written off
Zimbabwe’s
business people as agents of change. Can you imagine that some of
them were
even heard complaining that an Egypt style uprising would be
disruptive to
business! What a cheek.
My message to Mugabe is that
the only way out is out. Sooner rather than
later the dictator shall
fall.
Vince Musewe is an independent Zimbabwe economist based in South
Africa. You
may contact him on vtmusewe@gmail.com
CONSTITUTION WATCH
CONTENT SERIES 1/2011
[14th
March 2011]
A
Declaration or Bill of Rights
Most modern
constitutions have a declaration or bill of rights setting out fundamental
rights and freedoms that are specially protected by the constitution.
Declarations of rights have a long history. English-speaking people regard
their first as the Magna Carta of 1215, while the French look to the Declaration
of the Rights of Man and of the Citizen, which was adopted at the beginning of
the French Revolution in 1789. The practice of including a statement on rights
in constitutions became prevalent after the UN General Assembly adopted the
Universal Declaration of Human Rights in 1948. The first constitution in this
country to have a declaration of rights was the short-lived 1961 Constitution,
and thereafter all our subsequent constitutions have contained
one.
Why have a
Declaration/Bill of Rights?
The purpose of a declaration/bill of rights
is to protect the rights of citizens and ordinary people living in the country.
Although generally these rights must not be overridden by the government, some
have to be qualified. Rights cannot always be absolute – they may have to be
limited to allow the government to govern effectively in the interests of all
its citizens, and some have to be balanced with the rights of others. But it is
important that any limitations on the rights that are protected by a
Declaration/Bill of Rights should be spelt out. Hence a declaration/bill of
rights also has to set out clearly, unambiguously, specifically and not in
general terms the ways in which a government may legitimately limit the rights
of its citizens and how they are to be balanced with the rights of others.
Should a Declaration/Bill of Rights be
Enforceable?
If people are to be protected against
oppression or undue interference by governments, the rights contained in a
declaration/bill of rights must be enforceable. They are usually enforced
through court challenges to laws which violate them. For example, media
practitioners have successfully challenged some of the provisions of AIPPA.
Sometimes, however, the challenge may be directed at an executive action rather
than a law – e.g. the conduct of the police in prohibiting a meeting. And
sometimes the challenge can be directed at people other than the Government or
its agents: for example if an employer breaches an employee’s constitutional
right to fair treatment, then the right can invoked against the employer.
Whatever the precise way in which a declaration/bill of rights can be enforced,
it must be enforceable. If a declaration of rights is “non-justiciable”
[that is, if courts cannot strike down laws and actions that contravene it] then
it would serve no purpose whatsoever.
What Rights Should be
Protected by a Declaration of Rights?
General
considerations
Originally, only civil and political rights
and freedoms — for example, the right to a fair trial and freedom of expression
and association — were protected by constitutional declarations of rights.
Social, economic and cultural rights such as the right to education and the
right to work, were not usually so protected, though some constitutions have
included them in a statement of principles to guide government policy. The
South African Constitution protects some social and economic rights because it
was felt that the rights to housing, health care, food and water, for example,
were crucially important to most people in an economically unequal society such
as South Africa’s. The same considerations would apply to Zimbabwe: indeed,
one of the questions COPAC asked in its outreach programme was what social,
economic and cultural rights should be included in the new constitution.
Incorporation of International
Instruments?
A constitutional declaration of rights
should cover at least the main rights and freedoms that are recognised
internationally; indeed, it has been suggested that it should cover all of
them, perhaps through a provision saying something like: “Laws of the
legislature must not violate any rights recognised by international conventions
to which Zimbabwe is a party.” Such a provision would have two drawbacks,
however:
· International instruments are usually
broadly and loosely drafted, whereas rights that are protected by a constitution
must be defined clearly and unambiguously so that the government and its
subjects know precisely what they can and cannot do.
· A provision along the lines suggested above
would allow a government to remove the constitutional protection from any right
simply be renouncing or withdrawing from the treaty which embodied the
right.
Should it
be possible to amend the Declaration of Rights?
Peoples’ ideas of what rights are important
vary over time. The French Declaration of the Rights of Man and of the Citizen,
for example, was silent on the rights of women — a serious omission by
present-day standards. And Magna Carta, in addition to protecting subjects
against arbitrary punishment and the expropriation of their property without
compensation — rights which are still regarded as fundamental in most countries
— also protected men against arrest on the accusation of a woman, a right which
could hardly be claimed nowadays. The fact that attitudes towards fundamental
rights may change is important for two reasons:
· Only rights that are truly fundamental
should be included in a constitutional declaration of rights.
· A Declaration of Rights is not only for the
present, but also for future generations.
·
Although a
constitutional declaration of rights should not be easily amendable [because if
it is governments may be tempted to limit or abolish rights that have become
politically inconvenient] it should not be completely unamendable. Like the
rest of the constitution, a declaration of rights may need to be altered from
time to time.
Specific
Rights
What follows is a brief [and by no means
complete] selection of specific rights that should be protected by our new
constitution, and some of the problems associated with
them:
Right to
life
This right is so fundamental that it
obviously must be included, but in defining its extent two questions
arise:
· Should the right cover unborn foetuses
[i.e. should abortion be permissible]?
· Should the death penalty be
allowed?
Incidentally, it should be noted that even
if the constitution allows abortion and the imposition of the death penalty,
they may be restricted or prohibited by the ordinary law.
Right to
liberty
This right protects people against
arbitrary arrest and detention, but should it extend to protection against
imprisonment for failure to pay a civil debt? Civil imprisonment is prohibited
by article 11 of the International Covenant on Civil and Political Rights, to
which Zimbabwe is a party.
Protection against
inhuman or degrading punishment or treatment
This protection obviously should be
included in a declaration of rights, but does it impliedly prohibit the
imposition of the death penalty? The South African Constitutional Court said it
did, and our Government amended the current constitution to say it didn’t,
thereby preventing the Supreme Court from tackling the
issue.
Protection against
discrimination
Again this should be included, but how far
should it go? Our current constitution has been amended over the years to
extend the grounds on which discrimination is prohibited to cover sex, gender,
marital status and physical disability. Should it be extended further, to
include sexual orientation? This is controversial in present-day Zimbabwe, but
it should be remembered that the International Covenant on Civil and Political
Rights requires parties [of which Zimbabwe is one] to give equal protection
under the law to everyone without any discrimination
whatever.
Freedom of
expression
According to the French Declaration of the
Rights of Man and of the Citizen, this freedom is one of the most precious of
all human rights. It includes freedom of the press and media, though press and
media freedom are often dealt with separately. So important is this freedom to
democracy that it should be subjected to minimal restriction, but some modern
declarations of rights [for example, the one in the South African Constitution]
expressly state that it does not cover “hate speech”. If this freedom were
given proper respect in Zimbabwe, crimes such as undermining public confidence
in the Police Force or ridiculing the President — if they existed at all — would
be difficult to prosecute successfully.
Freedom of movement
and residence
This is an important right, particularly in
the light of Zimbabwe’s history of racial segregation. The South African
Constitution adds a right to a passport to this right, and the same should be
done in our new constitution since a passport is essential for the lawful
exercise of the right to freedom of movement.
Access to information
and right to administrative justice
These are relatively new rights, intended
to promote governmental transparency and fairness. In a country such as
Zimbabwe, whose political processes have always been cloaked in secrecy and
where government action has often been arbitrary, it is vital to have these
rights enshrined in the Constitution.
Political
rights
These rights encompass the right to join
and form political parties and to enjoy — that is, to contest and vote in — free
and fair elections. By their nature these rights are generally confined to
citizens, though this does not mean that non-citizens should be prohibited from
all political activity. A difficult problem, in the case of Zimbabwe, is how to
allow members of the Diaspora to enjoy these rights — which, it should be noted,
they are currently entitled to under section 23A of the present
Constitution.
Property
rights
The right to hold and own property, and
protection against arbitrary deprivation of one’s property, are enshrined in the
Universal Declaration of Human Rights and in most constitutions. Rightly so,
because there is a clear link between strongly entrenched property rights and
economic development. Nevertheless property rights cannot be absolute because
private property may have to be taken for public purposes (for example, building
roads), and a country’s constitution must take this into account, usually by
requiring any such taking to be procedurally fair and to be accompanied by
adequate compensation.
Our new constitution must tackle three
additional problems:
· What to do about the commercial farmers
whose land was seized in the previous government’s resettlement programme? The
farmers have not yet been compensated for their losses.
· What to do about people who are not using
farmland productively? Should the law allow them to be dispossessed? More
generally, to what extent should the law control the ways in which people use
and dispose of their own property?
· How can the sometimes antagonistic rights
of miners and farmers be reconciled?
Rights of women and
children
Women and
children should be given special protection in a new constitution, because they
are particularly vulnerable. It is not enough, for example, merely to state
that discrimination against women is prohibited: they need to be encouraged to
take their equal place in society.
Social, economic and
cultural rights
Some of these rights should be included in
the Declaration of Rights in the new constitution, because of the economic gulf
between the élite [who don’t need special protection] and the vast majority [who
do]. The rights which are essential to the maintenance of a reasonable standard
of living are:
· the right to basic health
care;
· the right to fair and safe working
conditions, including the right to join a trade union and the right to take
industrial action;
· the right to free education, at least to
primary level, because an educated workforce is the key to economic
growth;
· the right to adequate food and clean
water. No government of a properly-functioning modern State can allow its
people to starve or to suffer from inadequate or polluted water
supplies.
· The right to housing and shelter.
It must be made clear in the Declaration of
Rights that the government is responsible for assuring these rights.
Even if the
fulfilment of these rights is dependent on the government having adequate
resources – the rights are not meaningless because the government is obliged to
make resources available if it possible to do so. If a government wastes its
resources providing luxury vehicles and housing for ministers and other
officials it would be open to aggrieved citizens to sue the government and
demand a responsible allocation of resources.
Limitations
on Fundamental Rights
The Declaration of Rights in our present
Constitution proceeds by setting out each right, then a long list of exceptions
where the right is either limited or is declared to be inapplicable. This has
been criticised on the ground that the Constitution gives rights with one hand
and then takes them away with the other. The approach adopted by the South
African constitution avoids this criticism: it has a general clause allowing
the rights to be limited so long as the limitation is justifiable in an open and
democratic society based on human dignity, equality and
freedom.
Should all
the rights be subject to limitation? The draft constitution produced by the Law
Society lists certain rights that cannot be limited, namely the right to life,
the right not to be tortured or enslaved and the right to equality. A provision
along these lines would not be necessary if there is a general limitation clause
similar to the one in the South African constitution, because a law which
allowed slavery, for example, could not be regarded as justifiable in an open
and democratic society.
Democracy and
a Declaration of Rights
Although a declaration of rights is a feature
of most modern democratic constitutions, in one sense it is undemocratic in that
it restricts the power of a democratically-elected government to pass laws
overriding those rights and usually gives unelected judges the power to
invalidate democratically-enacted laws which contravene the declaration of
rights.
The point is not a valid one, however.
Democracy consists of more than the holding of free and fair elections, and
encompasses such concepts as tolerance and respect for the rights of others. A
government which rides roughshod over the fundamental rights of its people is
not democratic, even if it was elected by a majority of the
people.
The point
does, however, illustrate one important factor that must be borne in mind when
drafting a declaration of rights. The declaration must be comprehensive enough
to protect the fundamental rights of individuals, but it must not be so
restrictive that it inhibits the power of a democratically-elected government to
govern the country properly. If it is unduly restrictive, the government may
seek ways to amend it or, failing that, may try to circumvent it by
unconstitutional means.
Final
Observation
We must
guard against putting a meaningless declaration of rights into our new
constitution. A well-crafted declaration of rights can make even the most
despotic régime look warm-hearted and caring. The Rhodesian Constitution of
1969, for example, had a declaration of rights similar to the one in our present
Constitution, but it was non-justiciable [that is, courts could not strike down
laws that contravened it, and the government was free to enact whatever
repressive laws it chose]. Also, without a government that respects its people
and observes the rule of law, and without an independent and impartial
judiciary, a declaration of rights, however fine sounding, is worse than
useless.
Veritas makes every effort to ensure reliable information, but cannot
take legal responsibility for information supplied
BILL WATCH
10/2011
[15th March 2011]
The House of Assembly has adjourned to Tuesday 22nd
March
The Senate has adjourned to Tuesday 29th
March
Election
of New Speaker
Following
the Supreme Court judgment of 10th March
setting aside the election of Mr Lovemore Moyo as Speaker of the House of
Assembly, the first business of the House when it resumes is to elect a new
Speaker. In terms of both the Constitution and House of Assembly Standing
Orders, the House cannot transact any business until a new Speaker has been
elected. [See Bill Watch 9/2010 of 13th March for more on the court case and
the election of a new Speaker.]
Resumption
of the House may be delayed: If
preparations are not in place for an election to be held on Tuesday 22nd when
the House is due to resume, the Clerk of Parliament may fix another date for the
election.
If there
is more than one candidate, the
election, as required by Standing Orders, will be conducted by the Clerk of
Parliament by “a secret ballot”. It was this
secret ballot requirement the Supreme Court said had not been observed in the
Moyo case – six MPs, after marking their ballot papers in the privacy of the
polling booth, showed their marked ballot papers to colleagues before depositing
them in the ballot box. Both the Clerk and
MPs now have the Supreme Court judgment to guide them as to what constitutes a
secret ballot.
Reminder:
Those eligible for election are persons who are or have been members of the
House of Assembly and are not members of the Cabinet, Ministers or Deputy
Ministers. Lovemore Moyo is free to stand
for re-election and the MDC-T are likely to support him, although no official
statement has been made. ZANU-PF is still consulting, but the State press says
it is “likely” that Simon Khaya Moyo, the party’s national chairman, will be
nominated. He is a former MP. The other candidate in the August 2008 election
was Paul Themba Nyathi, a former MP put forward by the then MDC-M, and there is
talk that he may be put forward again in the hope that he may be a compromise
candidate. Another suggested name as a compromise candidate has been former
Speaker Mr Cyril Ndebele, who is respected by all parties.
Voting
Strengths Current
party strengths in the House were given in Bill Watch 9/2010 of 13th March.
The actual numbers present for the vote may be affected by MPs being
unavoidably absent through illness or official travel commitments or, in the
case of MDC-T MPs, detention in police cells or remand prison, although
obviously the parties will do their best to get all available members to
attend. The Clerk of Parliament has ruled that Lovemore Moyo cannot now
resume the Matobo North seat he won in the 2008 parliamentary election and
therefore he cannot have a vote.
The
election is decided
by a simple majority.
Parliamentary Update
Both the House of Assembly and the Senate sat last Tuesday [House
2 hours 22 minutes, Senate 1 hour 23 minutes] and Wednesday [House 3
hours 6 minutes, Senate 1 hour 21 minutes].
In the House of Assembly Last Week
Bills
General Laws Amendment Bill [See Bill Watch 7/2010 of 5th March for a commentary on the
Bill.] The Parliamentary Legal Committee [PLC] and the Minister of Justice
reached a compromise over this Bill. In order to avoid an adverse PLC report on the Bill’s amendments to
the Copyright and Neighbouring Rights Act and the Civil Aviation Act, the Minister has agreed to:
· withdraw the copyright clause, clause 16. This clause would prohibit the
publication of texts of Acts, statutory instruments, court judgments and public
records without Government permission. Veritas made submissions to the PLC and
the Portfolio Committee on Justice, Legal and Parliamentary Affairs that this
clause is an unconstitutional infringement of 20 of the Constitution, which
protects freedom of expression, contrary to openness and transparency in
government, and against regional best practice. [See Bill Watch 44/2010 of
31st October 2010.]
· modify the civil aviation clause, clause 7. This clause would allow the Civil Aviation Authority to
impose monetary “civil penalties” for contraventions of aviation regulations,
without allowing the alleged offenders any recourse to the ordinary courts of
the land. A civil penalty would be payable for every day a contravention
continued. In a submission to the portfolio committee on Justice, Legal and
Parliamentary Affairs, civil aviation industry stakeholders argued that the
clause would infringe their constitutional right to have their civil rights and
obligations decided by the courts [Constitution, section 18]. The
modification will allow these civil penalties to be challenged in
court.
The Bill will receive a non-adverse report from the PLC, conditional
on the agreed changes being made. This will clear the way for presentation of
the Bill after the House comes back on 22nd March. Note this is a clear
example that lobbying Parliament can be effective in leading to modification of
government proposals and better laws being passed.
Small Enterprises Development Corporation Amendment
Bill received a non-adverse report from the PLC and passed its Second
Reading. It now awaits its Committee Stage.
National
Incomes and Pricing Commission Amendment Bill was
introduced on 9th March and referred to the PLC. The portfolio committee will
hold a public hearing on the Bill on 15th March.
Deposit Protection Corporation Bill is still awaiting its Second Reading debate [for summary see Bill
Watch 8/2010 of 6th March].
Motions Two motions were debated:
· Right to Housing The Report of the Portfolio Committee on Public Works and National
Housing calls for the right to housing to be recognised as a constitutional
right.
· Review of Local Authority Acts This MDC-T motion calls for the Urban Councils and Rural District
Councils Acts to be reviewed in the light of unwarranted interference in local
authority management by Minister of Local Government Ignatious Chombo of
ZANU-PF. MDC-T contributors accused Dr Chombo of abusing his position for
personal as well as political gain.
Question Time [Wednesday] There was a slightly improved Ministerial attendance and questions
dealt with included:
Repossession of foreign-owned companies Minister of Industry and Commerce Welshman Ncube said recent
statements by ZANU-PF threatening takeover of foreign-owned companies did not
represent government policy.
War veterans teaching liberation history in schools Minister of Education David Coltart said government policy was that
only qualified teachers should be employed in schools, and urged MPs not to
politicise education.
Violence Minister of State for National Healing Ndlovu said the Police
Commissioner-General’s recent utterances on violence were unfortunate and
undermined the work of his ministry.
International Agreements approved The House approved two agreements under section 111B of the
Constitution:
· Zimbabwe-Brazil Agreement on Cultural Co-operation concluded in
Brazil on 16th September 1999
· International Convention against Doping in
Sport.
In the Senate Last Week
POSA Amendment Bill Not dealt with. The Bill has dropped to the bottom of the agenda pending finalisation
of the procedural changes needed to allow Mr Gonese to speak to his Bill in the
Senate although he is not a Senator. [Electronic version of Bill as passed by House of Assembly
available.]
Other Bills None. Output is awaited from the House of Assembly.
Motions: There was brief debate on two new motions:
· Inclusive Government’s Achievements and Failures This was introduced by Senator S Ncube [MDC]. Lack of progress on national healing was mentioned by some Senators;
others said the country was not ready for elections.
· Peace and Security Thematic Committee’s Report on Role of Ministry of
Foreign Affairs in Maintaining Peace and Security in Zimbabwe. The report gives an overview of the Ministry’s functions and the
challenges it faces, and catalogues the Ministry’s assessment of its
achievements.
Parliamentary Committees
Reserve Bank Governor Gideon Gono failed to give evidence to the
Portfolio Committee on Mines and Energy on 7th March. Dr Gono pleaded other national duties and said he would attend at a
later date. Continuing its investigation into the closure of the Shabanie and
Mashava asbestos mines, the committee wants him to throw light on allegations of
externalising foreign currency levelled against Mutumwa Mawere and his SMM
companies prior to the Government’s takeover of the asbestos mining
group. The Secretary for Home Affairs told the committee that his Ministry’s
investigations into Mr Mawere and SMM had failed to unearth evidence of
wrongdoing, leading to the lifting last year of their six-year specification
under the Prevention of Corruption Act.
. Update on Bills
Bills Passed and Awaiting Presidential Assent and Gazetting as Acts
[Electronic versions available] [Proof-reading and printing has to be completed before submission to
the President for signature.]
Criminal Laws Amendment (Protection of Power, Communication and Water
Infrastructure) Bill
Attorney-General’s Office Bill
Zimbabwe National Security Council Amendment Bill
Energy
Regulatory Authority Bill
Bills in Parliament [see above]
Bills being printed for presentation in Parliament – None
Statutory Instruments and General
Notices
The Government Gazette of 11th March contained no statutory
instruments at all, and no General Notices worth noting.
Requests
for available electronic versions should be emailed to veritas@yoafrica.com
Veritas makes every effort to ensure reliable information, but cannot
take legal responsibility for information
supplied