Has Zuma finally managed to persuade Mugabe to implement GPA?

http://www.swradioafrica.com

By Violet Gonda
19 March 2010

Zimbabwe is back to square one.  The Global Political Agreement was signed
in 2008. On Thursday South African President Jacob Zuma announced that the
main political parties in Zimbabwe had finally agreed to implement what they
had signed up to, after more than a year of haggling.

Although there has been no official confirmation on what exactly has been
agreed, speculation is rife that the leaders have negotiated the positions
of the two staunch ZANU PF allies - Central Bank Governor Gideon Gono and
Attorney General Johannes Tomana. Reports suggest Gono will retain his
position, but that Tomana will be given a less key position.

Some say a deal, over the two, had to be made to make the inclusive
government move forward, while others say this will still leave in place the
people who funded or perpetuated the repression.

Critics say if indeed Gono remains and Tomana is moved to another position
it will be the MDC who will have made a huge concession. The MDC has pushed
for the removal of both the men, since Mugabe made their unilateral
appointments, in contravention of the Global Political Agreement.

The negotiators of the three main parties are set to resume talks to discuss
the 'implementation mechanisms', starting March 25. They are expected to
report to the facilitator by the 31st March.

Political analyst Rejoice Ngwenya said: "The problem that we can see here is
of a political party that has a junior party mentality - a political party
that has given too much respect to Robert Mugabe. It's a political party
that has an electoral majority but they don't seem to be getting to grips of
the situation."

Ngwenya added that it's time the MDC showed what alternative they have to
offer Zimbabwe, if this agreement does not work by the March 31st deadline
and stop the 'diplomatic talk about Mugabe being a good partner', when he
has clearly failed to change.

One observer said: "I think we should be highly skeptical of any deal: last
time a timeline was set, Mugabe went on an overseas trip. I think the one
positive thing is the meeting with Roy Bennett, after all he is on charges
of terrorism and was warmly greeted by the South African President."

The South African leader also met with Defence Minister Emmerson Mnangagwa
and Security Minister Sydney Sekeramayi, plus Gono and Tomana.
The Star newspaper reports that Zuma used tactics different from the 'soft'
approach by former president Thabo Mbeki, resulting in Mugabe agreeing to
swear in MDC governors.  It is still not known when the governors will be
sworn in as they have already lost almost two years of their term in office.
Mugabe had unilaterally appointed ZANU PF governors in 2008, shortly after
signing the GPA.
The South Africa newspaper also said: "And on the thorny issue of the EU's
targeted sanctions against Mugabe and his Zanu PF cronies, Zuma managed to
get a deal whereby a committee from the government, comprising all three
political parties, would be sent to Brussels next month to tackle the
subject directly with the EU."

Meanwhile the pressure group, Crisis in Zimbabwe Coalition, said it is
deeply concerned over the failure to democratise the country and implement
the GPA. "What is of concern to civil society are statements by some
political players that elections would be held in 2011 yet no progress has
been made in creating a conducive environment for such."

Mugabe recently said there will be elections in February 2011 when the
lifespan of the inclusive government comes to an end, with or without a new
constitution.  "This means Zimbabwe might go to another poll with the same
skewed voter's roll, a partisan Electoral Commission and flawed
delimitations, repressive laws and a militarised political environment - all
ingredients for another contested electoral outcome. What this simply means
is that the same old politics that led Zimbabwe to where it is today will be
repeated and lives lost to politically motivated violence," said the
Coalition in a statement on Friday.

Civil society and Zimbabweans everywhere now wait, once again, to see if
finally Mugabe is going to genuinely share power, and fully implement the
GPA.

 

Media Commission finally begins work

http://www.swradioafrica.com

By Tichaona Sibanda
19 March 2010

The chairman of the Zimbabwe Media Commission, Godfrey Majonga, on Friday
pledged that his new board will move with speed to license new independent
newspapers, television and radio stations.
This follows the board's inaugural meeting in Harare on Thursday and on
Friday, the board held a meeting with Prime Minister Morgan Tsvangirai, his
deputy Thokozani Khupe, Information minister Webster Shamu and permanent
secretary in the ministry George Charamba.
'We are operational now and this morning (Friday) we met with the Prime
Minister and Minister Shamu to clarify our terms of reference. We were able
to discuss issues to do with autonomy and mandate of the board in
preparation for the big task that lies ahead,' Majonga said.
'The ZMC will do everything in its power to meet the expectations of the
nation and stakeholders to open up media space in the country,' he added.
Robert Mugabe, whose former ruling party forcibly closed several independent
newspapers and the first independent radio station, named the new commission
in a government gazette published in February. The ZMC is one of several
independent commissions meant to open up democratic space and reform the
country's politics.
Majonga, a former radio and television personality, will chair the
commission, while journalism lecturer and a former editor of the banned
Daily News Nqobile Nyathi will deputise him. Other ZMC members are former
ambassador Christopher Mutsvangwa, Harare lawyer and journalist Chris Mhike,
former Zimbabwe Union of Journalists President Matthew Takaona, former ZBC
chief executive officer Henry Muradzikwa and Reserve Bank of Zimbabwe
division head Milicent Mombeshora. Former Zimpapers board member Lawton
Hikwa and journalist Miriam Madziwa complete the list of commissioners.
Under the 2008 power-sharing deal, the inclusive government was to set up
the ZMC to spearhead media reforms. Zimbabweans have been waiting for over a
year for the Commission to be created and to actually begin doing its work.

The print media in the country is dominated by two pro-government dailies,
the Harare-based Herald and the Bulawayo-based Chronicle, both tightly
controlled by the Information Ministry.

The independent press is largely confined to two weeklies, the Standard and
the Zimbabwe Independent. Vigorous in their criticism of the government they
have come under severe pressure. Their circulation figures are small, due to
the cost of buying newspapers.

Another weekly, The Zimbabwean, is produced in London and distributed in
Zimbabwe as an international publication.

The Zimbabwe Broadcasting Corporation (ZBC) operates the only TV and radio
stations under the umbrella of state-owned Zimbabwe Broadcasting Holdings
(ZBH). Radio is the main source of information for most Zimbabweans.
Although there are no private stations, overseas-based independent stations
like SW Radio Africa broadcast into Zimbabwe for two hours daily in the
evening.
The new ZMC board replaces a body appointed in 2002, when Mugabe's
government introduced stringent media laws that resulted in the expulsion of
foreign journalists and the closure of the popular Daily News, renowned for
its anti-government stance.
But under the unity deal that brought Mugabe together with his erstwhile
rival Tsvangirai as Prime Minister in February 2009, the inclusive
government is meant to commit to greater media freedom.
MDC Deputy Information Minister Jameson Timba said recently that Zimbabwe
has the capacity to licence an additional four television stations while 94
radio licences could be issued in both urban and rural areas.
Timba said the television spectrum allowed for additional licencing of three
ultra-high frequency (UHF) television licenses and one very high frequency
(VHF) television licence.
Exiled journalist Makusha Mugabe, who is currently the driving force behind
the news website ChangeZimbabwe.com, said reports that the ZMC board has
begun operating gives many Zimbabweans hope, especially those in the media
fraternity.

'Right now you can't talk of democracy in Zimbabwe when there is no free
media. I hope the new board will also recognize the interest of people like
us who are ready to invest and run news websites that can be recognized as
national media,' Mugabe said.
 

MDC youths in Harare demonstrate & demand justice

http://www.swradioafrica.com

By Lance Guma
19 March 2010

Over 500 MDC-T youths marched through the streets of Harare on Friday,
demanding the arrest and prosecution of ZANU PF thugs who perpetrated acts
of violence, murder, rape and arson in the run up to the 2008 elections. Led
by Deputy Youth Minister and Youth Chairman, Thamsanqa Mahlangu, the youths
first gathered at their Harvest House headquarters before making their way
to the offices of the National Healing Organ. It was there they presented a
petition to one of the National Healing Ministers, Sekai Holland.

Part of the petition demands that the National Healing organ 'begin in
earnest to undertake its constitutional responsibility of undertaking
programmes that include issues of transitional justice to promote national
healing and reconciliation.' The youths later went to the New Government
Complex between 4th street and Causeway, where the offices of the Ministry
of Justice and Attorney General are housed. They demanded that the AG bring
to book known ZANU PF thugs who committed crimes.

The petition, signed by Youth Assembly Provincial Chairman Costa Machingauta
and Provincial Secretary Robert Manyengavana, also gives an ultimatum of the
15th April, by which time they say all those who perpetrated election
related violence should be arrested. The AG's office was urged in particular
to investigate the murders of Tonderai Ndira, Thabitha Marume, Tonderai
Machiridza, Gift Tandare, Better Chokururama, Godfrey Kauzani and many
others.

The youths later trooped back to Harvest House where the contents of the
petition were read out for everyone to hear. Surprisingly the youths
received police escorts throughout the march, a stark contrast to the
customary brutal disruption and arrests normally faced by protestors. The
presence in the last few days of South African President and mediator to the
Zimbabwe crisis, Jacob Zuma, clearly discouraged Mugabe's regime from any
violent reaction to the protest.

 

Humiliation for Gono as RBZ assets auctioned

http://www.thezimbabwetimes.com/?p=28116

March 19, 2010

By Our Correspondent

HARARE - While politicians continued to bicker this week over whether he
should remain at the helm of the central bank, Friday, March 19, 2009 will
probably go down in history as the day when the once mighty Gideon Gono,
powerful governor of the Reserve Bank of Zimbabwe (RBZ) effectively fell
from grace.

Scores of RBZ vehicles went under the hammer in Harare in the first of a
series of auctions planned countrywide in a bid to recover $2 million owed
by the central bank to a company which supplied the tractors that Gono
dished out freely in his heyday mainly to supporters of President Robert
Mugabe's Zanu-PF party.

Conducted by Ruby Auctions the auction was sanctioned by the High Court.

Members of the public paid a $1 000 deposit each to participate in the
auction held at the RBZ Sports Club in Harare to recover monies owed to
Farmtec Implements and Spares.

The company's lawyer, Davison Kanokanga, said the central bank had made no
attempt to stop the humiliating auction.

"If the auction does not raise the funds, we have a lot of properties that
are under judicial attachment including immovable properties," Kanokanga
said.

He revealed for the first time that the RBZ had failed to pay for the
tractors, combine harvesters, planters, generators, scotch-carts, boom
sprayers, motorbikes and ploughs, among other implements that bank officials
generously distributed at the best of Gono to new farmers most of whom had
no means of paying for them.

Gono launched the so-called farm mechanization programme that enriched
thousands of mainly Zanu-PF supporters and government officials.

But following the demonitisation of the Zimbabwe dollar it became impossible
for the bank to sustain the programme. In February Gono issued a statement
that the beneficiaries of the farm mechanization programme had to pay for
the implements allocated to them.

"Having gone for over 30 months post-commencement of the programme, it is
now time farmers, beginning the 2010 harvests, start to pay for the
equipment they received," Gono said in the statement.

"Beneficiaries under the Farm Mechanisation Programme will, therefore, be
receiving detailed statements and invoices, along with the payment
modalities which will be delivered to each farm gate."

Meanwhile, vehicles impounded from the bank went under the hammer in a
dramatic turn of events. They included Mitsubishi, Rhino, Mazda B1800 ,
Isuzu single cab and double cab trucks as well as four ambulances.

Chinese pull out of joint gold venture

http://www.thezimbabwetimes.com/?p=28108

March 19, 2010

By Our Correspondent

HARARE - The Chinese have pulled out of a joint gold mining deal with the
Zimbabwe government in protest over Harare's failure to honour its
contractual obligations, deputy Mines Minister Murisi Zwizwai said on
Wednesday.

Responding to questions in Parliament, Zwizwai said that the Chinese had
pulled out of the joint venture in Manicaland. He did not state the reasons.

"If you remember there was a gold rush which took place some time ago in the
Taka Forest, which concession was given to the Chinese through a joint
venture of ZMDC (Zimbabwe Mining Development Corporation) but the joint
venture has since collapsed," said Zwizwai.

He said that following the pull-out of the Chinese, Zimbabweans were now
free to contact the ZMDC for possible joint ventures as part of empowering
locals.

"So there is a joint venture which is available and you are at liberty to
approach ZMDC so that they can also do due diligence around such
partnership. We are trying to empower our people in Zimbabwe," he added.

Contacted on Friday to explain why the Chinese had pulled out, Zwizwai said:
"I do not have the full details at the moment."

However, back in Parliament the deputy Mines Minister said government had
sent geologists to Chimanimani to ascertain claims of diamond discovery in
the area.

"Then there is talk around diamond discovery in the same neighborhood. We
have sent our geologists and there is a lot of work going on out there. We
have not yet ascertained the existence of alluvial diamonds there. There is
also talk around the existence of a Kimberlite pipe around that area, but we
have not managed to get where it is," he said.

>Bikita Irate Villagers Brand Mugabe A Liar

http://news.radiovop.com/
19/03/2010 09:48:00

Bikita, March 19, 2010 - Masvingo provincial governor, Titus Maluleke, this
week came face to face with how unpopular his boss, President Robert Mugabe
is in the rural areas after he was relentlessly booed and heckled by irate
villagers after telling them that Prime Minister Morgan Tsvangirai's recent
food assessment tour in Masvingo province had been ordered by the ageing
Zanu PF leader.

Maluleke, was forced to abort his address to villagers at Rozva business
centre, near Nyika Growth point, after his address was drowned by villagers
who openly told him that Prime Minister Tsvangirai cared much more for the
than President Mugabe, who they accused of making empty promises for the
past 30 years.

The Masvingo governor, who is also the Resident Minister directly appointed
by Mugabe, was dressed down after he tried to tell hungery villagers that
the food asistance promised by Prime Minister Tsvangirai last week during a
tour,was in fact going to come from President Mugabe.

''Yes the Prime Minister was here last week to assess the food situation but
the food he promised is not going to come from his efforts alone but from
the efforts of the government that is led by President Mugabe, so the PM was
just an emmissary send by the President who will look for the food,''said
Maluleke.

However, the villagers would have none of it as they heckled the shaken
Governor and told him openly that they had a lot of faith in the MDC-T
leader.

''Sit down you are lying to us Mugabe is a liar who has been lying to us for
the past 30 years. We know Save (PM Tsvangirai) will deliver the food to us
he is the people's leader not you sit down, sit down you stooge we do not
need your food we know Save (PM Tsvangirai) will give us the food as he
promised. What something new can you tell us now when you have been lying to
us for the past 30 years,'' said some villagers in the crowd.

The villagers continued to heckle Maluleke until he gave up and sat down
while others started streaming back to their homes hurling insults at the
governor.

Ironically, Maluleleke accompanied PM Tsvangirai during his food assessment
tour that took him through Rozva busiess centre but the Masvingo governor
said nothing during the tour as he cut a lonely figure.

Chief Chinhamo from the area also took aim at Maluleke asking why he was
trying to belittle Tsvangirai when they were now in an inclusive government.

''I really do not understand you some of our leaders, last week you came
here and introduced Tsvangirai here why have you returned to tell us today
that only the President can feed us, is Tsvangirai also not part of your
government,''Chief Chinhamo chipped in.

Most villagers in rural areas have remained passionate supporters of
Tsvangirai and his MDC-T party despite violence and thorough beatings by the
military and Zanu PF militia that swept through most rural areas in the
run-up to the shamed June 27 2008 presidential run-off that was dismissed as
a sham by the international community after Tsvangirai pulled out allowing
Mugabe to win a one man race.
 

Police Stops Demo By Victims Of Political Violence

http://news.radiovop.com

18/03/2010 11:48:00

ZAKA- March 18, 2010- The Zimbabwe Republic Police (ZRP) has banned a
peaceful demonstration organized by victims of political violence at Jerera
Growth Point in Zaka which was scheduled to kick off on Thursday morning.

Victims of political violence say they were shortchanged by the
inclusive government's national healing organ which is not adequately
addressing their problems.

"We had planned to have a peaceful demonstration to show the inclusive
government that we are not happy with the way our problems are being
addressed with the national healing organ. It has been over a year now
but we have not managed to get our property back.

"The coming up of an inclusive government last year gave us hope that
the perpetrators were going to learn that violence does not pay but up
to now there is nothing to solve our problems. If anything, we are
being more victimized," said Shepard Tsumele who escaped death by a
whisker when two of his colleagues were petrol bombed and died on spot
at MDC's Jerera office in 2008.

Tsumele is no longer able to work for himself and he constantly needs
to visit the doctor for continuous health check ups but he said he
does not have money to do so.

"I no longer able to work for myself, I can't do anything for myself
but the national healing organ is doing nothing, there is no help from
government. I no longer manage to raise the money to continuously
visit the doctor," said Tsumele.

Acting Masvingo Provincial Police spokesperson Assistant Inspector
Prosper Mugauri said any demonstration which does to follow proper
channels before the police would be cancelled. However, Assistant Insp
Mugauri could not elaborate on whether the victims of political
violence had not followed proper procedures.

"Police has the right and duty to cancel or ban any rally or
demonstration which fails to follow proper channels. they must explain
to you whether they followed the correct procedures or not," said
Mugauri.

Zaka North legislator Ernest Mudavanhu (MDC-T) said people in his
constituency are very bitter. He said a lot of people hoped that
national healing organ was going to urgently address their problems
but more than a year down the line, victims of political violence are
still crying for help.

"The problem is that when the inclusive government was formed,
villagers who were victimized got a hope that they would see justice
immediately but their hopes are fading by the day as inclusive
government seem to be failing to fulfill their needs," said Mudavanhu.
Peter Imbayago, Zaka Rural District Council chairman, said the
relationship between Zanu PF and MDC in the area is still tense.

"People have not forgiven up to today, they are still bitter and the
situation here is still tense. Something must be done to address this
problem," said Imbayago.

Prime Minister Morgan Tsvangirai was last week told by his supporters
in Masvingo to pull out of the inclusive government if President
Mugabe continues to block progress.
 

Deep concern over the implementation of the Inter-Party Political Agreement (IPA)

http://www.thezimbabwean.co.uk

Written by The Zimbabwean
Friday, 19 March 2010 17:06
Crisis in Zimbabwe Coalition registers its deep concern over the failure by
the three political parties, ZANU PF and the two Movement for Democratic
Change (MDC) formations signatory to the September 2008 Inter-Party
Political Agreement (IPA)

to fully implement the agreement more than one year after its consummation.
Although the political parties made commitments in the agreement that they
would implement the agreement in full, little progress has been made
particularly in the democratisation of the country. What is of concern to
civil society are statements by some political players that elections would
be held in 2011 yet no progress has been made in creating a conducive
environment for such.

The following are cause for deep concern;
1.       Nothing has been done with regards to transitional justice issues
as provided for in Article 18 of the IPA on the Security of Persons and
Prevention of Violence. Zimbabweans continue to live in fear and a culture
of impunity stills persist particularly within ZANU-PF. Attacks by ZANU PF
supporters on perceived opponents have been reported in Epworth, Chegutu,
Masvingo, Matebeland North, Matebeleland South and Manicaland. Harassment of
members of civic groups still continues unabated. The National Healing
process as envisaged in Article 7 of the GPA is not making any progress to
heal those who rights were violated with a view of reconciling societies.

2.       The constitutional reform process has met with stubbornly retarded
progress. The process has been a victim of the tug of war politics between
the three political parties over the financing of the exercise, the threat
of violence against outreach teams, lousy cooperation from police among
other issues.  The process has already missed important deadlines and there
is no indication this all important endeavour will be completed within the
time frame enunciated in the IPA.

3.       Legislative reforms, which were supposed to be at the top of the
inclusive government's agenda, are still far from being carried out.
Repressive laws such as Public Order and Security Act (POSA) and the Access
to Information and Protection of Privacy Act (AIPPA) designed to stifle
opposition and close all democratic space are yet to be repealed.  Instead,
and contrary to the letter and spirit of GPA, the police have over the past
months intensified the use of these draconian laws by arresting MDC
supporters and other activists.

4.       The continued making of unilateral decisions and intransigence that
undermine inclusivity by one of the parties and principles to the IPA
ZANU-PF and President Mugabe in direct contravention of the terms of the
agreement. Examples of this include the allocation of ministerial duties,
promulgation of regulations to effect the Indigenisation and Empowerment
Law, the decision and subsequent declaration by ZANU-PF not to make
concessions in the negotiations among other issues. Related to this is the
failure to conduct a ministerial review six months after consummation of GPA
as enshrined in the Agreement.

Whereas Zimbabwe's two main political parties, ZANU PF led by President
Robert Mugabe and the Movement for Democratic Change (MDC) led by Prime
Minister, Morgan Tsvangirai have indicated that they are ready for
elections, the political environment is far from ready. Of concern is that
President Mugabe has already stated that the country would go to the polls
in February 2011 when the lifespan of the inclusive government comes to an
end, with or without a new constitution.  This means Zimbabwe might go to
another poll with the same skewed voter's roll, a partisan Electoral
Commission (ZEC) and flawed Delimitations, repressive laws and a militarised
political environment - all ingredients for another contested electoral
outcome. What this simply means is that the same old politics that led
Zimbabwe to where it is today will be repeated and lives lost to politically
motivated violence.

In light of this embarrassingly slow progress, Crisis in Zimbabwe Coalition
calls upon the mediator, President Jacob Zuma of South Africa, who is
currently in Zimbabwe, and the Southern Africa Development Committee (SADC)
to do the following;

Tighten screws among the signatories to the IPA and push for the full
implementation of the IPA
Put in place measures to compel parties in Zimbabwe's political Agreement to
accelerate the constitution making process and make the finalisation of a
new democratic constitution time fixed, and a precondition for the holding
an election
Demand the end to politically motivated violence by ZANU-PF and the bringing
to book of all perpetrators of political violence
4.       Establish a "SADC IPA implementation monitoring team" permanently
stationed in Zimbabwe reporting regularly on progress in Zimbabwe between
now through the constitutional making exercise and the ultimate election. It
is our view that because the parties have already started talking about
elections, they have already engaged in an electioneering mode. Cognisant of
the fact that the history of elections in Zimbabwe has been riddled with
violence, it is imperative that SADC be more vigilant in the monitoring of
the political processes in Zimbabwe in order to avoid another blood bath and
a contested electoral outcome.

5.       The need to professionalize the security services sector and make
sure that the security apparatus desist from taking part in partisan
political processes.

Zimbabweans loathe POSA, says Gonese

http://www.thezimbabwetimes.com/?p=28120

March 19, 2010

By Our Correspondent

HARARE - The majority of Zimbabweans view the Public Order and Security Act
(POSA) as draconian and, given a chance, they would tear it to pieces, the
MDC Chief Whip has told Parliament.

Contributing to the second reading of Bill seeking to amend the
controversial security law, who moved a private members bill on POSA, said
Zimbabweans regarded the law as repugnant.

"Given a chance," he said, "they would tear it to pieces and throw it in the
dustbin. That is the general attitude of the people of Zimbabwe.

"I have received numerous telephone calls. There is widespread interest in
this particular Bill. It is a matter that touches the hearts of most
Zimbabweans. They are very keen to actually have this piece of legislation
repealed."

The Parliamentary Portfolio Committee on Defence and Home Affairs held
public hearings in nine provinces on POSA, in Murehwa, Mutare, Masvingo,
Bulawayo, Gwanda, Rusape, Gweru, Gokwe, Kadoma, Chinhoyi and Harare.

The only province in which public hearings were not conducted was
Mashonaland Central.

The Bill has also been subjected to thorough scrutiny by Parliament's Legal
Committee.

The Portfolio Committee is chaired by MDC MP Paul Madzore.

The committee received oral presentation from Gonese, in his capacity as the
mover of the amendment, the Secretary for Home Affairs, Melusi Matshiya who
was accompanied by the Zimbabwe Republic Police representatives,
Commissioner of Police, Mubatapasango, Senior Assistant Commissioner
Mhiripiri, Director for Legal Services and Assistant Commissioner Manyonga,
for the Law and Order Section of the ZRP.

The Committee then gathered views as well as written submissions from
members of civic society, the public and stakeholders at large.

"Mr. Speaker, I will comment on the general attitude of the people of
Zimbabwe to POSA," Gonese said. "If this matter could be put to a
referendum, I have no doubt in my mind that there will be an overwhelming
vote for the total repeal of this piece of legislation."

However, Gonese noted objections from the Ministry of Home Affairs and the
police, who are responsible for the administration of the Act.

"As a ministry Mr Matshiya said they could neither comprehend the motive
that had necessitated the amendment nor could they identify any ills or
mischief that they sought to remedy or reverse," Gonese said.

"In other words the police had no clue on why these amendments are being
brought. The secretary further stated that the current Act as constituted
was intended to protect the consumer and the participants of public
gatherings and also sought to balance competing interests."

Matshiya claimed the proposed POSA amendments were ill-timed, considering
that they came when the GPA was being consummated. He also said there was no
consultation with both parties.

However, The Zimbabwe Times established that a private members bill can only
be tabled after consultations across the political divide.

The amendments according to the police, were a negation of the doctrine of
Separation of Powers, Matshiya told the Committee.

Matshiya also claimed that the proposed amendments were aimed at
transferring the power of the police to the courts.

He furiously rejected charges that police needed training in human rights
law.

"He said that the police need no further training and they are trained in
law enforcement and the training is enough," Gonese told Parliament.

"As you will know, Mr Speaker, the Bill calls for retraining of the police
force. The police force is of the opinion that they are adequately trained."

Zimbabwe gvt not paying phone bills

http://www.zimeye.org/?p=15108

By John Chimunhu

Published: March 19, 2010

Harare -  Zimbabwe Government owes phone company Tel One millions of dollars
in unpaid bills, paralysing the state company's operations, it has emerged.

Chairman of Parliament's Portfolio Committee on Media, Information and
Communication Technology, Gift Chimanikire confirmed the development on
Thursday during public hearings into the operations of phone companies.

"One of the highest non-paying clients of Tel One is the Government. The
submission we got from Tel One is that government is not paying. Why they
are not paying we don't know but we suspect that the Government has no
money," Chimanikire said.

Tel One has since late last year been issuing customers astronomical bills,
prompting some to speculate that it was trying to cover the bills of
non-paying clients such as the Government, ZANU PF and members of the
political and military elite. Companies and individuals have been issued
with bills as high as $5 000 per month for ordinary use. Failure to settle
the bills within 30 days has resulted in disconnections.

Chairman of the Telecommunications Users Association, Reuben Gwatidzo told
the Committee that cutting off customers was a violation of their rights as
they were entitled to at least receive phone calls even if their bills were
not up to date.

Gwatidzo also said the tariffs applied on Zimbabweans were inflated.

"The tariffs applied are very high compared to the incomes of the people,"
he said. He added that the phone company said it was trying to bring its own
rates in line with regional trends but this was unfair as incomes in
Zimbabwe were much lower than in neighbouring countries.

Gwatidzo accused mobile phone operators of ripping off their clients through
the sale of SIM cards. The cards were being sold for amounts as high as $150
at the beginning of 2009 but had gone down to about $15 each by the end of
the year. However, he said, the cards cost less than $1 to produce and some
phone companies are now giving them away for free.

"During  2009 we were robbed and we want that money back. Parliament should
impose a windfall tax on these companies," said Gwatidzo.

Mugabe's newspaper sued for US$10 million for defamation

http://www.zimdiaspora.com

Friday, 19 March 2010 10:57 Editor News

By Special Correspondent in Harare

Harare - The state propaganda mouthpiece, the Zimbabwe Newspapers Group and
two of its journalists are facing a US$10 million defamation lawsuit from a
Harare school, Vital Junior School over an article published in the company's
tabloid  H-Metro.

The article which was published in the H-Metro issue of 4 March alleges that
Vital Junior School is a 'diamond mine' and cash cow for its directors and
staff members.

Zimpapers is being jointly sued together with the author of the article,
Trust Khosa and H-Metro's editor, Lawrence Moyo under case number H.C
1346/10.

According to papers filed in the High court by Vital Junior School, the
article levels allegations of corruption against the school's  officials who
are accused of  squandering  parents and guardians money through holiday
adventures.

The High court application says the inference is that the owners of the
school are abusing the institution for advancing selfish and personal gains
'heartlessly, cruelly and unlawfully' at the expense of parents and
guardians.

"The school is likened to a diamond mine, typically Chiadzwa diamond fields
where recently there were unscrupulous and unjust enrichment by illegal
miners who make huge sums of money at the expense of the state," reads the
application.

Vital Junior School said the statement by H-Metro has an effect of impairing
the dignity and reputation of the institution and therefore as demanding
US$10 million from Zimpapers, H-Metro, Trust Khosa and  Lawrence Moyo.

Rogers Matsikidze of Matsikidze and Mucheche legal firm is representation
Vital Junior School, while Gula-Ndebele legal firm is representing Zimpapers
and its journalists.

H-Metro which was launched by the state last year has been accused of gutter
journalism and is facing several other lawsuits from people who have been
defamed.

Zimpapers which is accused of being the mouthpiece of Zanu PF has over the
few years lost many of its readers due to partisan reporting. The company
last year made a loss of over US$300 000.

HOT SEAT: Oscar winner Burkett explains why she hijacked co-winner's speech

http://www.swradioafrica.com/pages/hotseat190310.htm

SW Radio Africa Transcript BROADCAST: 12 March 2010
VIOLET GONDA: 'Music by Prudence', an inspiring documentary about a group of handicapped Zimbabwean musicians, won an Oscar for Best Short Documentary at the 2010 Academy Awards held in Los Angeles, recently. My guest on the Programme Hot Seat is the film's producer Elinor Burkett who collaborated on the film with director Roger Ross Williams. She is here to tell us about the film and also explain why she stormed the stage on Oscar night and interrupted Williams' acceptance speech. Welcome on the programme Elinor and congratulations. ELINOR BURKETT: Thank you Violet. GONDA: How does it feel to win this prestigious award BURKETT: You know, I live in Bulawayo, and we live in Bulawayo and suddenly getting on airplanes, flying to Los Angeles to like, all this, you know this fancy event and getting an Oscar is pretty surreal. I think I'm still kind of in shock, there's not much sense of reality to it.
GONDA: What is the documentary about first of all? BURKETT: Bulawayo is home to an extraordinary school called King George VI School and Centre for the Disabled and they have a band called Liyana, 'It's Raining', made up of eight young musicians, all with different physical disabilities. It's a kind of Afro-fusion marimba band and the movie is about the band and the individual members of the band and the struggles they've had with their families, their culture and the reality of Zimbabwe as disabled young people and as musicians. GONDA: Right, and it is unusual to focus on the physically impaired. Why did you choose to focus on this group? BURKETT: I had known Liyana, because you hear them out and about in Bulawayo quite a bit, for about two and a half years before I decided to do this film and there's something very compelling about these young people in a world in which people are so convinced that if you have any kind of disability, and I don't just mean physical disability or mental disability, but I mean that you were born poor, or that your mother wasn't nice to you or any problem in your background that you can't move forward. These young people seem to be ignoring all of that and just keeping their eye on the ball to move straight ahead and concentrate on what they could do, not what they can't do and I think that is extremely inspiring, not only in the western world but in Zimbabwe and that people really need to hear the message that they're sending. GONDA: And how did you get involved with this film? BURKETT: I guess about four years ago, Roger Williams who was the director and is my neighbour - I spend six months a year in Zimbabwe and six months in New York, and Roger lives in New York and he said to me one year that he wanted to stop doing television and he wanted to make documentaries and why didn't I find an idea for a documentary we could work on together. So that year it just so happened that the day that I got back to Bulawayo, Liyana was playing a concert in the evening at the National Gallery and I went to the concert and when I saw them at the concert, it just flipped in my head that they would be a perfect movie. The problem was to figure out whether it was doable because as your listeners know and you know, this is not an easy thing to do in Zimbabwe right now. Some of it is logistically and some of it is that people are, especially people in positions of authority are very wary if anybody is walking around with a camera and this isn't a political film but, so I roped in a colleague of mine, I was teaching at the University of Science and Technology, and I pulled in my colleague Gibbs Dube and we spent a couple of months trying to figure out if it was doable, and once it was, then I called Mr Williams and said, do you want to do this with me and about six months later he came to Zimbabwe and we began filming. GONDA: We do hear of course as you said, tales of how difficult it is to film in Zimbabwe, so did you get support from the Zimbabwean government and also did you have any problems filming? BURKETT: We began by filming under the auspices of NUST, because I was pulling in a lot of NUST people and in that case that kind of gave us a certain sense of legitimacy, and then, shortly thereafter the co-director of King George VI School. We were dealing lightly with the authorities, they knew we were there, we were not trying to hide because I think if you try to hide, that's when you really get into trouble and so we didn't ask for their cooperation but we didn't have any significant problems. Every once in a while, somebody would stop by to see what we were doing, ask some questions but we were so open about the fact we were concentrating on the musicians. The more difficult problem I think was just ordinary people so there was one day that we went to Renkini - to the bus terminal in Bulawayo because we were trying to show what happens when disabled people try to get on busses and the environment was pretty hostile because people are worried that they'll get in trouble if they're seen on international TV. But there was never any problem problem. I think five years in Zimbabwe I've kind of learned how to deal with things and for the most part people gave us tremendous cooperation. GONDA: And the documentary of course is about, the main focus is about the lead singer Prudence Mabhena and the marimba group, Liyana, as you said and I understand it offers messages of hope through their music despite being neglected by family members and discrimination. Can you tell us a bit more about this issue of how they were discriminated against? BURKETT: I think you have two levels; in Zimbabwe the law is actually good about disabilities, there's constitutional protection and if I understand correctly in terms of the new constitution there's a lot of discussion about extending those protections. But the discrimination - all but one of the members of the band is from a deeply rural area and in many of their traditions, their families, especially their extended families saw their birth as a sign of a curse or a sign of witchcraft and so many of them have pretty awful stories. For instance, Prudence is the most obvious, Prudence was born in Victoria Falls, the paternal grandmother told her mother not to breast feed her or give her food and let her die and then when the mother refused they were kind of rejected by the family and they moved back to her mother's family. Most of the boys in the band, because everyone else is male, most of the boys have had problems with extended family, and of course the mother is always blamed, that's kind of the key thing, that the mother must have done something wrong. I think there's a very clear sign, of like a lack of education about what causes the disability. Ultimately however, of the boys in the band, every one of them is close to his family, the families found a way to struggle through it, to understand what was going on here and are supportive of their kids, they all went to school, they all went to secondary school and three of them now are in "A" levels. But when you walk down the street with them and when you just go around town with somebody in a wheelchair with a lot of disabilities, very overt disability, people look strange at them, people don't want their children touching them, there's still a lot of what we would call fear that a disabled person somehow will bring bad luck or will carry a taint onto them and to their families. GONDA: So how do you think this documentary is going to bring to light the plight of the physically challenged? BURKETT: Well, when you're a journalist, it's the same thing - I do visually what you're doing on the radio right? What you hope is that by putting it out there, by showing people, not only the plight but the spirit, because one of the things I think is extraordinary about this band is they're extremely funny. They are, their way of coping with the situation is to make jokes and then to get back to work so I think helping people to see not only prejudice but to see who the person in the wheelchair really is as a person is an extraordinarily inspiring thing. I guess the other thing that I think really helps is for people to watch other Zimbabweans accepting them. There was a wonderful moment - last year, last January they were on tour in the United States and just before they left, one of the textile companies in Bulawayo, Archer Clothing, gave them a bunch of clothes, because they needed clothes to wear while they were on tour and to thank them the band went to Archer Clothing, on to the floor of the factory to sing for them - and you have 2000 workers cheering and dancing and shouting and for people to see how they inspire other Zimbabweans to forget that they're disabled I think helps people get over their own prejudices. GONDA: And of course the film is called "Music by Prudence", why is it called that, how did you come up with the title? BURKETT: I didn't come up with that title. HBO which is the channel here in the United States that is airing it came up with that title and so I claim no responsibility for it whatsoever, I'm not overly fond of it. GONDA: Why? BURKETT: Because not all of the music is by Prudence. The music is first of all obviously by the entire band, but there are many songs in it like Thulasizwe or Gumbo that are not by Prudence, nor would she ever, ever claim they were by her and I think it's kind of the American way to try to boil everything down to one person because that's what our audiences feel most comfortable with, but in turn, in the Zimbabwean context I think that it is an unfortunate title. GONDA: Right and I guess this brings us to the topic of what happened on Oscar night, why did you take the microphone from your co-winner? BURKETT: Well you know, the Oscars this year for the first time ever had a very clear policy - that only one person could speak and Mr Williams won't speak to me so there was no agreement as to who was going to give the speech on behalf of the movie. We had equal right to give the speech since we both were getting our Oscars and he raced ahead and started speaking without my even being on the stage. And what I heard him saying was about him and not about the band and it feels to me that, you know this is a short documentary film, this is not Avatar or one of the huge movies, the focus needed to be on the band, on the subject of the documentary, not on him and not on me and it seemed to me that this was really inappropriate and I needed to make sure that the members of the band - the young people who worked so hard to help us make this film needed to be thanked. GONDA: Just looking at some of the reports that have been published about this issue, they quote Roger Ross Williams saying that you actually ambushed him and had nothing to do with the film. BURKETT: I mean it was funny because if I'd nothing to do with the film, why did I get an Academy Award? It was just kind of silly. I mean he's told a lot of different stories about my role in the film - it is public record that we had a very bad fight, there was a lawsuit that has been settled and I thought settled amicably between the two of us. But when you have two people, I mean Roger and I both had to sign the form entering the film in this competition, it could not be entered without my signature or his, I am listed on the film as the producer. The Producers' Guild of the United States had to certify me as the producer so I had as much right to be giving that speech as he did so I guess I could say that he ambushed me. GONDA: He is reported as saying that you were pushed off the project and that you don't really have much claim to the production. What is the lawsuit about? Were you pushed off the project? BURKETT: No. The law suit was, he and I had creative differences that were very significant and I filed suit against him and pulled myself off the project when I filed suit. But that didn't happen until the project was over, that happened about three weeks before the editing was done and we'd been working on that movie at that point for about a year and a half. So I was not involved in the selection of the title or the very final edit but everything until then, I certainly with our Associate Producer Gibbs Dube and all of our Zimbabwean crew did all the set up, all the production work, all the organisation, all the fixing and I, out of my own personal funds, paid for the entire, entire production except for $6000 that Roger put in at the beginning, up until the point where HBO came in and started giving us money. GONDA: So I know you said you were not happy about the title but were you happy with the final product? BURKETT: I have very mixed feelings Violet. What happened was when we very first started to film which was in January of 2008, when we met with the band, the boys in the band said, well they asked us very clearly; is this movie only about Prudence or is it about all of us? Because it was going to be a lot of work for everybody and we promised them that the focus would be on the entire band and it was with that understanding that they signed their releases, their permission for us to film and then did an enormous amount of work and that was the intention from the beginning on the entire band. And when Mr Williams and HBO moved the film to a tight focus on Prudence I was very unhappy because I live in Zimbabwe - these are people I know, these are people I deal with every day and America is a very individualist society where it's totally appropriate to focus on one person but that's less true in Zimbabwe and it felt to me a violation of Zimbabwean tradition and culture. So I think it's a very nice movie, it's a wonderful, terrific tribute to a fantastic young woman who also is an amazing singer but it's not the movie that I wanted made. And the settlement of the lawsuit gave me the right, Roger and I co-own all the footage we shot, and so in the settlement, he had the right to finish that movie and I was given the right to use the footage to make another movie for Europe and Africa - the movie we had planned to make and that movie is now cut, it's called Ithemba and I'm in the process of trying to sell it for distribution in Europe and Africa. GONDA: And what is that about? BURKETT: It's about the entire band. It's the movie that we had originally promised the boys, the whole band, that we were going to make. And the other thing about "Music by Prudence" is there's not much Zimbabwe in it and maybe because I live in Zimbabwe and because I'm a journalist it was important to me to really root the band members in their own context, in their world, so the movie is much more inclusive of both the full band and of Zimbabwe. GONDA: And so the main reason you pulled off from the post production aspect of the project was because they were focussing too much on one person and not the entire group? BURKETT: Yes. Absolutely. GONDA: OK. So how did the rest of the band feel about this? Did it cause any tensions or disharmony in the group? BURKETT: You know the problem is, at least as of last week when I left Zimbabwe, the band hasn't seen the movie. They have repeatedly asked Roger for copies of the movie and he hasn't sent it. So I think it's very, very hard for the boys in the band to know what to think. I think they're very excited that a movie that deals with them in some way is getting so much attention and they should be excited because it's a terrific accomplishment but I think they just don't know what to think because they haven't seen the movie. GONDA: And of course it is a terrific accomplishment but unfortunately you didn't come across very well in that moment when you were up on that stage and some have likened you to Kanye West when he very rudely grabbed the microphone from Taylor Swift last year. Do you regret reacting in that manner? BURKETT: No I don't. I understand why people felt that, I thought it was a little odd that people thought I was just some random person who didn't have the right to be on that stage. They had just called my name, to call me up to the stage. I thought it was extremely rude that Mr Williams raced to the stage. In general the right thing to do in this situation is you go up together and I thought it was amazingly rude that he went up there and not only went up without me, but didn't even wait for me to arrive before he began to speak and then only spoke about himself. I think the focus needed to be and needs to be on the band and I'm not unhappy that I at least, made sure that the band members were thanked because I don't know whether overseas you've seen the Larry King live show, but Larry King who does CNN here gave Mr Williams the opportunity to deliver his speech the next night on another programme and the speech was still, you know the first 45 seconds which are the only 45 seconds that get aired, he didn't thank anybody in Zimbabwe. He didn't thank the band, the only cameraman he thanked was the white cameraman who shot three minutes of the film, not the black cameramen, there were three black cameramen, one white cameraman - he only thanked the white guy and I thought it was horrendous so I do not regret what I did because I think that what he did was unconscionable. GONDA: It's reported that you said you were blocked by his 87 year old mother when you tried to get up to go with him on stage. Is this true? BURKETT: Yes. I certainly do not want to be disrespectful to a very nice woman, because his mother's a very nice person and certainly I imagine that if I had a child who asked me to block somebody I would do it too. So this is not about her but it's one of the things that everyone has commented on this side of the pond is why it took me such a long time to get out and I couldn't get out, she just would not let me out to the point where the guys sitting in front of me from another show documentary said do you want to climb over the seat in front of me. GONDA: What do you mean, you could not get out? What was she doing? BURKETT: She was sitting next to me, kind of towards the aisle and she took her cane and blocked me. You know she's an old woman, she has a cane and she physically blocked me, you know it's tight to get out and I didn't want to push her, I mean you can't, that would have been really rude and I wouldn't have done that and her cane was in the way and I could not move. GONDA: And of course we all saw, those of us who saw the Oscars on television, saw Prudence was in the audience. What does she have to say about all this and the drama that was taking place? BURKETT: You know I didn't talk to her about the drama afterwards. I think at that point the focus just needed to be on Prudence, so the focus at that point was - she looked beautiful, because she is a very beautiful young woman and she rolled into the Governor's Ball and people were celebrating her and I think that's what she was focused on and what she should have been focused on. GONDA: How come she didn't also go on stage? BURKETT: Because the way the Kodak Theatre where the event is, is set up, there is no wheelchair accessibility from the floor of the Theatre onto the stage. There are steps in the way and there would have been no way to do it. GONDA: And of course you said, when you took the mike, when you grabbed the mike from Williams, you said - let the women speak. What did you mean by that? BURKETT: Well you know there is a kind of tradition here in the United States where the men seem to think that they're more important than the women even if they're on the same level of things and if you look at the Oscars, the whole group that goes up, usually it's the men who speak and I think a lot of women in this country are really fed up with it, including me, so that's what I meant. GONDA: And I understand that documentaries are notoriously difficult to get an Oscar so how did you get the attention of the Academy members to vote for this film? BURKETT: Well what happens with documentaries is you can submit your documentary for consideration for the Academy but it's an expensive process because you have to show it in a certain number of movie theatres over a certain period of time and then it costs money to apply, so most documentarians don't have any money to do that; fortunately for this movie, HBO, the channel that's airing it in May, paid those expenses. Then the process is it then goes into a pool of films that the documentary division of the Academy maintains, and they choose the finalists, we were one of the five finalists and then there's no special attention that happens, in fact it's considered to be very bad form for people to campaign and the six thousand members of the Academy are sent all the films, documentary and non-documentary and they vote. It's not a particularly laden process in terms of campaigning because that is considered to be unseemly here. GONDA: So did it take you by surprise that you were nominated in the first place? BURKETT: No. What's funny is when Roger first arrived in Zimbabwe, Christmas 2007, the first night he was there, we sat in my living room in Bulawayo and he hadn't met Prudence yet, he hadn't met the band, and I said to him, this film is going to win an Oscar. And some friends were round and my husband was there and they were all laughing at us, but I think, that when you have a story this compelling and when you have characters who are this smart, this talented and this funny, you have to be a really bad film maker not to win an Academy award. So I'm not trying to be immodest, this is not my Academy award, this is their Academy award. They are amazing young people, and I knew, I just knew that they were going to go all the way with this. GONDA: So what does the future hold for the band Liyana? BURKETT: Well I think as with many bands, they are made up of young people, they probably don't have a whole lot of future. You have three boys who are finishing "A" levels, who are going to go on to university. One has his sights very clearly on medical school, so I think as with most young people in bands, they're going probably go their separate ways, maybe some of them will stay together and reform the band, you know like the Beatles and like everybody else but many of them have other interests. Marvellous Mbulo who's the other lead singer of the band is a playwright and just wrote a play, a very funny play called "So What" that was performed in Bulawayo about disabilities and he might start doing some things with ZBC. He's also a stand-up comedian. Farai Mapande who is one of the piano players is starting to do his own video production work. So I think there are a lot of interests there and I think that some will move on and some will stay in music. GONDA: Are they going to get anything as a result of this award? BURKETT: Yes, there's a CD release scheduled and hopefully that will be a monetary reward. GONDA: And in terms of the Oscar itself, what do you get beside just the accolade? BURKETT: What you get is a gold statue and the accolade, that's it. No, there's no money involved. Certainly if they had handed me a cheque for $50 000, I would have handed it to KG VI but there's no money involved whatsoever. Because you know a band like this couldn't exist if there weren't a school that had nurtured them, that had bought their instruments, that had promoted them, that had hired people, teachers and it employs, KG VI employs most of the band members because they're all school leavers now and they are the home to and support the three boys who were in school so they continue their work. So KG VI really needs to get a lot of the accolades here, that they did something like this, that they created a band like this, that they create drama groups, that they have an amazing art programme. So a lot of the attention needs to be on KG VI as well on the band. GONDA: Right and you are on your way back to Zimbabwe, are you going to celebrate with the group? BURKETT: You know I hope so, I go back to Zimbabwe next week and I'm incredibly excited. The only regret I have is that I can't carry the Oscar back so that we can put it in the centre of the table. It weighs nine pounds, so that's about four kilos and trying to get it through airport security proved a nightmare in Los Angeles so I think I need to leave it in New York and that's really unfortunate. GONDA: And a final word Elinor. BURKETT: You know the one kind of good thing that came from the unpleasantness between Roger and me is that most short documentary films, nobody ever hears of. It's the one category that people don't pay much attention to and this year at least, everybody's talking about it and what I'm hoping as a result, everybody here in America will see "Music by Prudence" and that everyone in Europe and Africa will see Ithembo so they can see, not my work, that's not what's important, that they can see Liyana for themselves and feel like a little rain has been brought into their life as a result. GONDA: Speaking on the programme Hot Seat that was Oscar winner Elinor Burkett, the producer of the film "Music by Prudence". Thank you very much Elinor and congratulations again. BURKETT: Tatenda Violet. Feedback can be sent to violet@swradioafrica.com

MDC Youth Assembly Pettition

http://www.thezimbabwean.co.uk

Written by The Zimbabwean
Friday, 19 March 2010 13:59
Date 19 March 2010

From:  MDC Youth Assembly, Harare Province

To:  The Minister of Justice, Legal and Parliamentary Affairs

Cc: Co-Ministers of the Organ on National Healing and Reconciliation

Attorney-General
RECOGNIZING that the rights of all Zimbabweans should be protected by the
State and that according to the Constitution of Zimbabwe, all Zimbabweans
are equal before the law,

ACKNOWLEDGING that the Office of the Attorney General exists to prosecute
known offenders on behalf of the people,

CONCERNED that the period between March 2008 and June 27 sham election was
characterized by violence against MDC members and supporters perpetrated by
known Zanu PF thugs who have not been prosecuted to date,

NOTING that Article 18.5 (C) of the Global Political Agreement explicitly
demands that "the government shall apply the laws of the country fully and
impartially in bringing all perpetrators of politically motivated violence
to book."

DISTURBED by the inaction of the justice system, in particular the Attorney
General's Office in prosecuting known Zanu PF thugs who raped, maimed and
callously murdered  innocent Zimbabweans including women and children,

RECOGNISING  and respecting the independence of the office of the AG but
deeply concerned by the abuse of power by the same  at the behest of Zanu PF
resulting in the selective  prosecution of MDC MPs, members and supporters
on flimsy charges,

FURTHER CONCERNED about the threats being uttered by Zanu P.F Youth directed
at the Prime Minister and Head of the Government of Zimbabwe,

DEEPLY WORRIED by the continued incarceration and persecution of Fannie
Tembo, Emmanuel Chinanzvavana, Roy Bennett and a multitude of MDC supporters
and members,

FURTHER DISTURBED   by the resurgence of violence and the moribund state and
the abdication of a constitutional responsibility by the Organ on National
Healing and Reconciliation whose specific mandate is to create an
environment of tolerance and respect among Zimbabweans and that all citizens
are treated with dignity and decency irrespective of age, gender, ethnicity
or political affiliation.

NOW THEREFORE,
The MDC Harare Province Youth Wing demands that:

I.    All those who perpetrated acts of violence, murder, rape, arson be
brought to book by the 15th of April 2010.

II.    The office of the AG disabuses itself from being prostituted by the
regime of Zanu P.F and start to actively pursue the murderers of Tonderai
Ndira, Thabitha Marume, Tonderai Machiridza, Gift Tandare, Better
Chokururama, Godfrey Kauzani and many others.

III.    The office of the AG swiftly move and prosecute those hooligans
masquerading as  Zanu P.F Youth who continue to issue threats directed at
the Prime Minister and Head of  the Government of Zimbabwe who is also the
winner of the last election held in this country.

IV.    The Organ on National Healing begin in earnest to undertake its
Constitutional responsibility of undertaking programmes that include issues
of transitional justice to promote national healing and reconciliation.

V.    That the Zanu P.F regime must adhere to the spirit and letter of the
GPA by implementing all the agreed provisions of the GPA and the SADC
communiqué of 27 January 2009.

Signed:

Provincial Chairman: Costa Machingauta...............

Provincial Secretary: Robert Manyengavana..............

Clean-up Campaign: Zengeza, Chitungwiza

Dear Partners and colleagues,

The Youth Forum cordially invites you to participate in a clean-up campaign
in Chitungwiza. The campaign is being spearheaded by the Zimbabwe High
Schools Students Union (ZIHISU) with special collaboration and help from the
Youth Forum and the Zimbabwe Democracy Development Trust (Shandira
Zimbabwe). The details of this event are as follows:

Date: Saturday 20 March, 2010

Venue: Zengeza 2 Shopping Centre (people assembly near ZESA offices)

Time: 0900hrs

Theme: Young people in pursuit of Environmental Cleanliness and
Volunteerism.

The campaign is a noble initiative given that it was the students from the
Zengeza community in Chitungwiza who through their students union were able
to come up with such an initiative to sanitise their immediate environment.
The Youth Forum and the Zimbabwe Democracy Development Trust have chipped in
through the mobilisation of cleaning material that include brooms,
wheel-burrows, shovels, protective clothing as well as the prodiction of
various IEC (information, education and communication)materials for the
campaign. It is commendable that students even at such a young age are
responsible enough to take it upon themselves to embark on such a noble feat
of volunteerism in pursuit of a communal goal to have a clean environment.

Garbage and unwanted rubbish dumps are a common sight in the streets of
Zengeza and other urban high density surbubs. It is regrettable that the
Chitungwiza Town Council officals continue to grace our newspapers for the
wrong reasons when it is apparent even to our school children that they are
not doing their duty to ensure that the streets are rid of the piles of
rubbish at street corners. Such crop of leadership who prioritise and
epitomise corruption and self-enrichment at the expense of social service
delivery to the people are an affront and a negation to the people's cry for
responsible leadership and good governance. We surely cannot fight disease
when our public and local government officials prioritise building mansions
at the expense of ensuring quality service delivery

As the Youth Forum we continue to urge our government to declare
zero-tolerance to corruption particularly in the public sector. We also
commend the Prime Minister Morgan Tsvangirai for acting on corruption in his
MDC party in light on the Chitungwiza Town Council saga. We also urge the
other principals in the GPA to emulate PM Tsvangirai's example and
decisively deal with this crop of leadership who do not have the interests
of the people at heart and rid our public service of corruption.

Youth Forum Information and Publicity
 

Parly, cabinet head for clash over diamond probe

http://www.theindependent.co.zw/

Friday, 19 March 2010 08:31

THE Parliamentary Portfolio Committee on Mines and Energy is pressing ahead
with its investigations into the controversial diamond mining activities by
Mbada Diamonds and Canadile Miners at Chiadzwa in Marange district,
Manicaland.

The probe by the 13-member committee is likely to trigger a confrontation
between parliament and the executive which is spiritedly resisting MPs'
oversight inquiry. The committee is trying to establish how Mbada and
Canadile got their licences and mining rights to extract diamonds at
Chiadzwa. Mbada is a joint venture between the Zimbabwe Mining Development
Corporation (ZMDC)'s subsidiary, Marange Resources (Pvt) Ltd, and South
Africa's New Reclamation Group (Reclam) (Pty) Ltd's Mauritian-registered
subsidiary, Grandwell Holdings. Mbada is chaired by retired Air Force of
Zimbabwe Air Vice-Marshal Robert Mhlanga.

Canadile is a joint venture between Marange Resources and South Africa's
Core Mining and Minerals (Pvt) Ltd. Canadile is also chaired by a retired
soldier, Lovemore Kurotwi.

Investigations show that the two companies were imposed on ZMDC by Mines
minister Obert Mpofu  (pictured) and his superiors at the highest levels of
government.

Information obtained by the Zimbabwe Independent shows that President Robert
Mugabe on February 16 complained in cabinet the committee was overstepping
its mandate and suggested it needed to be stopped.

After that a parliamentary caucus of Zanu PF MPs met on March 1 and decided
that the committee should be stopped in its tracks.

In a bid to stem the intensifying investigation, cabinet on Tuesday endorsed
Mbada and Canadile's disputed mining claims and extraction of the gems at
the controversial diamond fields.

Mpofu said on Tuesday cabinet had unanimously endorsed Mbada and Canadile
despite a growing storm over their mining licences and activities. "Cabinet
has endorsed Mbada and Canadile joint venture partnerships in Chiadzwa and
has agreed that the joint venture partnerships are legitimately structured,"
he said.

Mpofu on Tuesday presented to cabinet an inter-ministerial taskforce report
on the implementation of the Kimberley Process

Certification Scheme (KPCS). The report, he said, was also adopted
unanimously. The taskforce comprised ministers Emmerson Mnangagwa, Tendai
Biti, Welshman Ncube, Elton Mangoma and Mpofu.

Zimbabwe has been given a task to fulfil the KPCS before it could sell its
hotly contested diamonds.

Despite efforts to block the parliamentary committee from conducting further
investigations, MPs have been vigorously pushing ahead. Mpofu appeared
before the committee on Tuesday in camera and sources said he indicated that
Mbada and Canadile got their licences after they were approved by
"government".

The sources said he suggested the decision came from "the top". Those who
have also appeared before the committee include ZMDC and Minerals Marketing
Corporation of Zimbabwe officials.

Mbada and Canadile officials have been resisting demands from the MPs for
them to appear before the committee, claiming the issue was sub judice.

However, they have been threatened with indictment by MPs if they defied the
committee. Mbada and Canadile officials have been given a Monday deadline to
come or face the wrath of parliament.

Dumisani Muleya

‘Corruption rampant in mines ministry’

http://www.theindependent.co.zw/

Friday, 19 March 2010 08:59

MINES secretary Welcome Musukutwa has proposed restructuring the ministry
citing bungling of claims allocations, corruption and general incompetence
on the part of mining commissioners and other key staff. According to
Musukutwa’s confidential report done in October 2009, mining companies are
at each others’ throats over claims in mining provinces in the country after
mining commissioners allocated the same claims to more than one company.

He claims confidential information has been leaked to the market and the
media by the mining affairs board members.

But his plan to restructure the ministry is facing an uphill task after it
emerged that 11 officials from the Reserve Bank of Zimbabwe (RBZ) have been
tipped for top positions in the ministry.

Musukutwa is a former central bank official. He was appointed to the
position last year. Public Service Commission (PSC) chairman Mariyawanda
Nzuwah has already given the nod to Musukutwa’s appointments of RBZ staff.

Musukutwa alleges the current director of mining promotion and development
Titus Nyatsanga is “computer illiterate” and takes “ages” to complete
assignments.

He says the chief mining commissioner Fredson Mabhena’s division is “rife
with allegations of corruption”.

“The incumbent commissioners are insubordinate having taken the minister and
permanent secretary to court over issues of transfers,” wrote Musukutwa in
his restructuring report. “The incumbent chief mining commissioner has not
raised a finger to institute disciplinary measures to his wayward
commissioners hence allegations of him being involved in some corrupt deals
in his division. The division has fallen apart and it seriously needs
recapitalision by engaging honest and hard working staff.”

He recommended that the chief mining commissioner be moved “possibly to the
Attorney-General’s office”.

On the position of the Geological Survey department, Musukutwa says the
incumbent head of the department was “not meeting the demands of his
position”.

He proposed that the director be sent to Zimbabwe Mining Development
Corporation (ZMDC) for “a less challenging position”.

The government official argues that there should be an end to “air pegging”
where peggers “mill outside commissioners’ offices and plot claims on maps
without going to the field”.

His report reads: “Mining commissioners are also turning a blind eye to
unlawful mining activities which they are allowing to continue within their
districts unreported and un-investigated.”

But Masukutwa concedes that it is not going to be easy to get the officials
to play by the book owing to labour laws, the Mines and Minerals Act and the
(PSC). He says the PSC disciplinary procedures were “lengthy and cumbersome
to effect”.

Claim disputes are soaring, according to Musukutwa.

“During my short tenure as secretary for mines and mining development, I
have witnesses an unprecedented number of mining disputes in all the five
mining districts of the country.

Most of the disputes relate to over-pegging problems where more than one
person  or company are registered to mine the same location or alleged
connivance between ministry officials and unscrupulous miners and farmers…
It is not clear whether these disputes are genuine mistakes or oversights by
ministry officials or deliberate,” he says in the report.

Mining commissioner Bill Manage was transferred last year from Kadoka to
Beltway but refused to move. He is suing Mines minister Obert Mpofu for
US$30 000 for attempting to transfer him.

Another commissioner, Federal Dube, was transferred to Masvingo from Gweru
but refused to move. He has also taken Musukutwa, the ministry and PSC to
court arguing Mpofu and Musukutwa did not have authority to transfer him,
while Florence Thusi declined to be transferred from Bulawayo. “She has
stayed in the Bulawayo office for 19 years and cannot be moved.”

Manyange presides over three “major disputes” in Kadoma that were reported a
few weeks after Musukutwa came into office. Musukutwa anticipated the number
of disputes would escalate.

In one of the disputes, RioZim Ltd is fighting over prospecting special
grants issued in 2006 with Umzingwane Mining.

After converting the special grant to mine gold, Manyange refused to approve
the application opting for Umzingwane Mining and Vulcan Mining.

Isaac Ruswa, a former assistant mining commissioner in Mutare, presides over
what Masukutwa described as “the worst dispute perhaps in recent history of
the Ministry of Mines — the famous Marange/Chiadzwa/ African Consolidated
Resources (ACR) dispute”.

Musukutwa claims Ruswa, who is now “helping” in the Mining Promotion
Department, filed opposing affidavits that have weakened “the strength of
the  (government) case against ACR”.

His report reads: “All the respondents defended the matter but Ruswa refused
to depose an affidavit in line with his employer. Instead, he deposed to an
affidavit in support of ACR and stealthily filed separately with the
Attorney-General without the ministry’s knowledge.”

An R Mutikizizi, acting commissioner Masvingo, has had his fair share of
scandals.

“Unfortunately the period of his acting has been littered with disputes in
the district,” Masukutwa says.

A P Shumba, who is a mining commissioner in Harare, has four disputes to his
name.

In another dispute, Musukutwa says that a Mhangura family discovered gold
deposits and hired an excavator from Air Commodore Zimondi and a compressor
from a contractor identified as Godknows.

Godknows realised the family that had contracted him did not have
registration and sought registration for the same claim.

According to Musukutwa, this resulted in “a heated dispute”.

An L Chimsasa, mining commissioner at the head office, is accused of a
number of cases of “serious conflict and improper conduct”.

Owing to the above misdemeanours, Musukutwa proposed that Muvengwa Zinyuku
be appointed to the position of principal director. Zinyuku is general
manager of Tuli Coal.

But sources in the ministry say Masukutwa is rooting out old officials in
favour of his former RBZ colleagues.

Chris Muronzi

Diamond companies make a killing

http://www.theindependent.co.zw/

Friday, 19 March 2010 08:54

COMPANIES involved in shady mining deals at Chiadzwa in Marange, Manicaland
province, are making a fortune on a staggering scale from the hotly
contested diamond fields. In a matter of a few months they have scooped
diamonds like coal, minted millions in hard currency and in the process
accumulated vast wealth. The story does not end there: their rich pickings
from possibly the richest deposits ever discovered are set to increase
dramatically - very soon.

However, there could be a serious price to pay for Zimbabwe. The spiralling
Chiadzwa diamond conflict could result in the country being systematically
plundered by an organised clique of greedy politicians, soldiers and
unscrupulous corporate sharks who will become filthy rich at the expense of
the poor majority who should benefit from the national resource.

The simmering low-intensity conflict at Chiadzwa, if not contained in time,
could also easily deteriorate into a bloody fight. This has happened
elsewhere in Africa where bloody conflicts have been triggered or fuelled by
diamonds.

Diamonds have led to civil strife in Angola, DRC, Liberia and Sierra Leone
with disastrous consequences which included massive displacements, slave
labour and killings, as well as economic ruin.

Scooping out diamonds has been given more priority in Chiadzwa than
relocating villagers and protecting the environment.

This has created frustration and anger in the surrounding communities which
suffered violent and brutal attacks by the army battling to take control of
the diamond fields from illegal panners between 2007 and 2008.

The mining companies dipping into the controversial diamond fields include
Mbada Diamonds and Canadile Miners (Pvt) Ltd, joint-venture partnerships
hurriedly formed and given licences without going through a transparent
process and procedures. Mbada and Canadile signed Memorandums of Agreement
in July and final agreements in October last year before they started
minting.

Since then they have been extracting the gems in Chiadzwa, although in
January they were ordered by the Supreme Court to cease their operations
pending the finalisation of the diamond claims ownership wrangle with
African Consolidated Resources (ACR) plc.

ACR has been fighting in the courts to regain its claims which were seized
by the government in 2006 and given to Zimbabwe Mining Development
Corporation (ZMDC) and later to Mbada and Canadile.

The Mineral Marketing Corporation of Zimbabwe (MMCZ), a state-run agency
which markets precious minerals, was also drawn into the fray. MMCZ was in
January ordered by the Supreme Court to release 129 400 carats belonging to
ACR to the Reserve Bank for safekeeping but police seized the parcels in
blatant contempt of court.

President Robert Mugabe and Mines minister Obert Mpofu supported the move.
They now risk criminal contempt of court charges. The saga still rages on.

Investigations by the Zimbabwe Independent show that Mbada and Canadile,
which are linked to politicians, soldiers and officials in Mugabe's inner
circle, are creaming off Chiadzwa. Pointedly, Mugabe has vigorously and
repeatedly defended the companies despite clear and mounting evidence that
they were neither qualified nor experienced to secure the mining contracts.

By last month Mbada had accumulated about two million carats of diamonds
worth US$60 million. Mbada is likely to be extracting a whopping 1,5 million
carats by the end of May and over 3,5 million carats by June.

Canadile amassed nearly 260 000 carats in almost two months from the rich
alluvial fields. This left the two companies sitting on a cool US$70 million
worth of diamonds in a few months of operation.

This information is gleaned from letters written to Mpofu by Mbada and
Canadile on February 8 and 10, respectively.

Diamond analysts say this is a remarkable yield by any standard. The levels
of extraction and resultant proceeds in Chiadzwa are set to boom by June and
could set new records by the end of the year if adequate capital, technology
and skills are put in place.

Mbada was blocked last month from selling 300 000 carats because Zimbabwe
has yet to comply with the Kimberley Process Certification Scheme (KPCS)
procedures. Documents show that even MMCZ, the legal and legitimate
marketing agency, was not involved in the failed unprocedural Mbada sale.

Even ZMDC, one of the Mbada partners, was not involved. Mbada officials
claim they have a special dispensation from the Ministry of Mines to sell
the diamonds on their own, something which almost certainly would be
unlawful.

The KPSC is a process introduced by United Nations Resolution 55/56 that was
designed to certify the origin of rough diamonds from sources which are free
of conflict fuelled by diamond production. The process was established in
2003 to prevent "blood diamond" - diamonds fuelling war and human rights
abuses - sales in the mainstream diamond market.

Mbada is a joint venture between the (ZMDC)'s subsidiary Marange Resources
(Pvt) Ltd and South Africa's New Reclamation Group (Reclam) (Pty) Ltd's
Mauritian-registered subsidiary, Grandwell Holdings.

Retired Air Force of Zimbabwe Air Vice-Marshal Robert Mhlanga is the
chairman of Mbada. Mhlanga, who was involved in the DRC war between 1998 and
2002 which was fuelled by diamonds, testified against Prime Minister Morgan
Tsvangirai, alongside former Israeli intelligence operative and arms dealer
Ari Ben Menashe, in his treason trial in 2004.

Investigations by the Zimbabwe Independent show that ZMDC is unhappy with
Mhlanga's assumption of the Mbada chairmanship because it violated the
agreement between itself and Reclam. It was "unprocedural", documents say,
because the chairperson was supposed to come from ZMDC, not Reclam.

ZMDC also did not participate in the selection of directors of Mbada which
is practically run by Reclam.

According to official documents in possession of the Independent, ZMDC chief
executive Dominic Mubaiwa on February 8 told the parliamentary portfolio
committee on Mines and Energy investigating the Mbada and Canadile affair
that the mining state enterprise was not consulted in the appointment of
Mbada directors as it was supposed to.

The Zimbabwean directors of the company were imposed by Mpofu, documents
show. However, documents also indicate that ZMDC is now scrambling to
regularise that corporate aberration as a damage limitation exercise.

The move is meant to cover Mpofu's tracks and give ZMDC a semblance of
control over a company in which it has 50% equity. Mbada is a 50/50 joint
venture between ZMDC and Reclam.

Mubaiwa also told the parliamentary committee on February 8 that Mpofu had
effectively imposed Reclam and Core and Minerals (Pvt) Ltd on ZMDC as
"approved investors". Asked if Mhlanga did not have a conflict of interest
in the deal since he was a director of Reclam, Mubaiwa told MPs that "there
could be".

Mbada and Canadile directors are refusing to appear before the parliamentary
probe committee. They have been ducking and diving for weeks on end.

Mhlanga, who is also chairman of South Africa's Liparm Corporation, was a
director at Reclam at the
time when the deal was stitched together.

Investigations further show that ZMDC did a due diligence on Reclam and Core
Mining between August 4 and 6 last year merely as a formality because the
two companies were "imposed from the top".

This has raised questions of who exactly is behind Mbada and Canadile within
the corridors of powers.

Reclam - which is not a mining company but a controversial scrap metal
merchant - has a dubious corporate record. In 2008, South Africa's highest
competition authority, the Competition Tribunal, imposed a R145-million fine
on the recycling firm for its involvement in collusion and price fixing in
the ferrous and nonferrous scrap metal markets.

A ZMDC report says the state mining enterprise's due diligence team found
that "Reclam is not a mining house and is currently not involved in mining,
let alone diamond mining". "Further it has no diamond mining as part of its
vision and growth strategy," the report says.

However, Reclam was chosen ahead of other companies with capacity and
experience in mining because it was a large corporation, had a broad-based
shareholding, strong revenue base and good balance sheet and ability to
finance the project.

Reclam was supposed to pour US$100 million into the Mbada project. However,
the point remained that Reclam's only mining "experience" was that it had a
geologist, James Abson, on its board and geological information.

In Zimbabwe Reclam had never been involved in mining. Its only claim to fame
was involvement in a scrap metal deal with the struggling state-owned steel
works giant, Ziscosteel.

Canadile is a joint venture between Marange Resources and South Africa's
Core Mining and Minerals (Pvt) Ltd. Canadile is also chaired by a retired
soldier, Lovemore Kurotwi. It also obtained its mining contract in a
controversial way.

Core Mining refused to reveal the identity of its "Godfather" behind the
project - who is domiciled in Israel - saying "the principal must remain
confidential". This thickened the plot of the already murky saga.

Despite securing their diamond deals in a non-transparent way, Mbada and
Canadile are skimming off Chiadzwa and millions are flowing into their
already fat coffers.

By Dumisani Muleya
 

Chiadzwa mining: A tale of shady deals and characters

http://www.theindependent.co.zw/

Friday, 19 March 2010 08:51

THE Chiadzwa diamond mining saga has complex plots and sub-plots. It
involves a chain of companies and individuals with a shady past and whose
records are difficult to trace - in some cases for that reason. The issue
has its genesis in 2002 when South African diamond mining giant De Beers'
subsidiary, Kimberlitic Searches (Pvt) Ltd, was granted a four-year
Exclusive Prospecting Order (EPO) in Chiadzwa. The EPO expired on March 28
2006.

Then ACR, which is registered in the United Kingdom and listed on the London
Stock Exchange, applied for the prospecting licence and got the authority.

It proceeded to peg claims in the disputed area (EOP 1523) and applied for
registration of numerous blocks of  claims in the names of Canape
Investments (Pvt) Ltd, Dashaloo Investments, Possession Investments, Heavy
Stuff Investment and Olebile Investment.

ACR was then granted a diamond prospecting licence on April 4 2006.  On July
21 2006 a Mutare assistant mining commissioner wrote to ACR saying their
claims had been cancelled because Kimberlitic Searches had already submitted
an application for an extension of the EPO.

On September 15 the Mining Commissioner in Harare wrote to ACR saying the
letter rescinding their claims was incorrect and that the claims were still
valid.

In August 2006 the Mines minister Amos Midzi reserved an area which included
ACR claims.

In September the minister wrote to MMCZ advising them that he had reserved
an area incorporating ACR claims to prevent illegal activities. He also said
MMCZ must facilitate investment with local and foreign companies.

Later in the same month Midzi visited the area with MMCZ officials and
addressed illegal miners telling them that MMCZ was the only authority
lawfully permitted on the site.

In October he warned ACR to stop clearing and fencing the claims.

In November the assistant mining commissioner for Mutare told ACR that he
had been instructed by his head office to cancel their claims.

In January 2007 ACR chief executive Andrew Cranswick was summoned to
Borrowdale police station in Harare where police seized three sealed boxes
containing 129 400 carats of diamonds.

These are the diamonds the Supreme Court recently ruled should be kept at
the Reserve Bank until the case is finalised. Police have seized the
diamonds in violation of the Supreme Court ruling. Mugabe and Mpofu have
defended the move, risking criminal contempt of court charges.

As we report elsewhere, mineral claims are easy to change ownership because
the Mines ministry is riddled with corruption and EPOs are granted and
cancelled sometimes depending on who pays the highest "facilitation fee"!

ACR prospecting licence and mining rights were taken and given to the
state-owned ZMDC and MMCZ to carry out mining operations on behalf of the
government.

But the trouble was that MMCZ has no legal mandate to mine. ZMDC had no
money to fund the operations. Investigations show that ZMDC, which mined
from 2006 to 2008 at Chiadzwa, got US$12 million from gold mines and put it
into Chiadzwa.

It also borrowed offshore from its current mining partners, which throws
further light on why the controversial mining rights were given to Mbada and
Canadile.  When ZMDC started mining in 2007 the Mines ministry gave it
permission to hunt for a partner.

Meanwhile, ACR took the issue to the courts in a bid to regain its
prospecting licence and the diamond claims in Chiadzwa. The Attorney-General's
Office declined to represent the state. Instead it offered an opinion
stating that in its considered view the mining claim belonged to ACR.

However, Mines minister Obert Mpofu opposed the ACR application. The other
respondents were ZMDC, MMCZ and Police Commissioner-General Augustine
Chihuri.

Justice Charles Hungwe ruled in favour of ACR and said his order should
stand notwithstanding an appeal. Mpofu and others appealed and the Supreme
Court said all mining activities must stop pending the finalisation of the
appeal. It suspended Hungwe's order.  The case continues.

The main players in the Chiadzwa saga:

..    The Zimbabwe Mining Development Corporation (ZMDC), a statutory body
established in terms of the Zimbabwe Mining Development Corporation Act. The
ZMDC is government's mining arm.

..    Minerals Marketing Corporation of Zimbabwe (MMCZ), a statutory body
established in terms of the Minerals Marketing Corporation of Zimbabwe Act.
MMCZ is the state minerals marketing agency.

..    New Reclamation Group (Reclam) of South Africa and Core Mining and
Minerals (Pty) Ltd. The two companies were brought into the diamond deals by
Mpofu through Mbada chairman Robert Mhlanga who is well-connected all the
way to President Robert Mugabe.

..    Mbada is a 50/50 joint venture between ZMDC's subsidiary Marange
Minerals and Reclam's subsidiary Grandwell Holdings

..    Canadile Miners, a 50/50 joint venture between Marange Resources and
Grandwell Holdings

..    Mhlanga chairs Mbada, while Canadile is chaired by former army officer
Lovemore Kurotwi.

Dumisani Muleya

Chinamasa defends arrest of MDC supporters

http://www.theindependent.co.zw/

Friday, 19 March 2010 09:43

JUSTICE and Legal Affairs minister Patrick Chinamasa has defended the
arrests of MDC supporters and lawyers saying there is nothing wrong in
apprehending them if there is a prima facie case. A prima facie case is
reasonable suspicion of commission of an offence.

Giving oral evidence to parliament's portfolio committee on Justice, Legal
Affairs, Constitutional and Parliamentary affairs this week, Chinamasa
denied that there is selective application of the law against MDC supporters
and Law Society of Zimbabwe members.

"There is nothing wrong with the law. Let's not challenge the law. If there
are any cases where certain sections of the law are being abused please
bring it to our attention. If anyone is arrested and it is a real crime -
should that person not be arrested?" asked Chinamasa said. "The profession
is highly polarised. Lawyers are undermining their own profession. When a
person is in front of a judge or magistrate he is not MDC but an accused."

Chinamasa said lawyers were liable to arrests like any other criminals.

This was in response to a question by MDC-T chief whip Innocent Gonese who
asked him to explain claims by the Law Society of harassment and arrests of
their lawyers during their course of duty, while a law officer from the
Attorney-General's Office convicted of contempt of court was never
imprisoned.

Chairperson of the committee, Masvingo Central MDC-T MP Tongai Mathuthu,
also wanted Chinamasa to explain the "bad blood" between the
Attorney-General Johannes Tomana, the Director of Public Prosecutions in the
AG's Office Florence Ziyambi, and the Law Society.

Mathuthu said: "They seem to be on a warpath with legal practitioners - the
AG and the Director of Public Prosecutions. Why are they hard on these
lawyers? As a minister, can you ascertain the behaviour of the DPP
(Ziyambi)? If you can at least put spies and see how sometimes she opposes
bail without looking at facts."

To which Chinamasa said if he had resources he would put spies in every part
of the justice system.

Examples cited to support the claims of harassment and arrests were that of
lawyer Mordecai Mahlangu who was apprehended last year after he had written
to Tomana requesting that his client, arms dealer Peter Michael Hitschmann,
should not testify in the treason trial of MDC-T treasurer Roy Bennett
because he had no evidence against him.

Yet public prosecutor Andrew Kumire was not imprisoned after magistrate
Chiwoniso Mutongi slapped him with five days imprisonment for contempt of
court during the trial of prominent lawyer Alec Muchadehama.

Kumire simply walked out of the court despite being directed to remain in
court in police custody. Mutongi resigned after that.

Also raised by the committee was the abuse of office by Chipinge magistrate
Samuel Zuze who is accused by human rights lawyers of presiding over a case
which he had interests in.

Zuze recently found four farmers guilty of "refusing to vacate their
properties". One of the farmers was the owner of Silverton farm which the
magistrate allegedly occupied.

Chinamasa said he was not aware of Kumire and Zuze's cases and asked the
committee to compile its facts and bring them to him so that he could act on
the matter.

He said he was "gravely worried" about the state of corruption in the legal
profession as a whole.

MDC-T co-chairperson of parliament's committee on the constitution, Douglas
Mwonzora, asked Chinamasa if he was satisfied with Tomana's competence while
Zanu PF politburo member Biggie Matiza raised concern over the quality of
skills coming out of the law faculties at universities.

Chinamasa responded: "I have confidence in the AG's competence and skills.
Eyebrows raised against him are more political. I give him 100%.

Wongai Zhangazha

Succession proponents ‘sellouts and criminals’

http://www.theindependent.co.zw/

Friday, 19 March 2010 09:45

WAR veterans chairman Jabulani Sibanda says the succession debate has
unnecessarily divided Zanu PF when the party’s constitution is clear on how
a leader is chosen. Sibanda told journalists at the Bulawayo Press Club that
setting up a succession committee headed by Vice-President John Nkomo
further deepened the cracks as different factions battled it out for control
of the party.

He labelled people pushing what he described as “the divisive” succession
debate as “sell-outs and criminals” and power-hungry people.

“Zanu PF has introduced the succession programme to run concurrently with
the constitution — that is causing confusion in Zanu PF. As war veterans, we
will refuse to allow that confusion to spill over to us and affect our
operations.”

Sibanda said Zanu PF members should desist from using war veterans in their
succession battle.

“If there are people in Zanu PF who are running a programme of succession,
they are dangerous to the revolution and the party as (Ian) Smith was. That
person practising succession theory is an enemy not only of Zanu PF but
Africa,” he said.

Sibanda said Zanu PF’s constitution is “crystal clear” on electing leaders.

“Those people are sell-outs regardless of how powerful they are; succession
is done through the constitution and it is clear how leaders are elected.”

“Any person who takes another path outside congress, that’s unconstitutional
and criminal,” he said.

Succession matters are discussed and concluded only during congresses which
are held every five years, he said.

Sibanda fell short of naming Zanu PF members who are pushing the succession
issue.

The battle for power is between factions led by Emmerson Mnangagwa and
Retired Army Commander General  Solomon Mujuru, who wants his wife,
Vice-President Joice Mujuru, to take over from Mugabe.

Last year, a committee led by Nkomo was set up to come up with a succession
plan.

The committee also includes Mujuru, Mnangagwa, Didymus Mutasa, Nicholas
Goche, Oppah Muchinguri and Sydney Sekeramayi.

“That party would be weak and would crumble in the face of the opposition.
No Zanu PF member will control war vest in their succession programmes,” he
said.

“What are you saying about the sitting president? Pushing the succession
issue are power-hungry sell-outs. Why do they want power? A leader has
authority not power.”

On the current state of the war veterans, Sibanda refused to say whether he
would stand for re-election at their next congress this year.

Said Sibanda: “Will I stand or not? I never sit down”.

Sibanda was evasive when asked to enumerate achievements during his
chairmanship.

“It would be irresponsible for me to narrate (my) achievements; in fact I
don’t achieve, we achieve. Achievements are known by people in the
association,” said Sibanda.

Last week, President Mugabe, who is also the patron of war veterans, called
for an end to the infighting among liberation fighters.

Joseph Chinotimba has claimed the chairmanship of the association from
Sibanda.

But five of 10 provinces have said they still recognise Sibanda’s
chairmanship.

Nqobile Bhebhe

Parly committee seeks more time to review BEE rules

http://www.theindependent.co.zw/

Friday, 19 March 2010 10:32

PARLIAMENT'S Legal Committee (PLC) has asked the Speaker of the House of
Assembly, Lovemore Moyo, to extend the time frame required to scrutinise the
controversial indigenisation and economic empowerment regulations after the
committee missed a deadline to submit a report to the House. The committee
is a constitutional watchdog mandated to play an oversight role on any Bill
that passes through parliament. Under the Parliamentary Standing Rules and
Orders, the PLC must ensure that the regulations do not make "the rights and
liberties of persons unduly dependent upon administrative decisions which
are not subject to review by a judicial tribunal".

Youth Development, Indigenisation and Empowerment minister Saviour
Kasukuwere in January gazetted regulations that compel foreign-owned
companies to cede a 51% controlling interest to indigenous Zimbabweans. But
business and the MDC fear that the new regulations could trigger capital
flight.

Committee chairman Obert Gutu on Wednesday confirmed that the five-member
committee wrote a letter to Moyo on Tuesday seeking an extension of the
period required by law to examine the constitutionality of the empowerment
regulations. The legal committee comprises Zanu PF MPs Biata Nyamupinga and
Paul Mangwana, and MDC MPs Thandeko Mkandla and Shepherd Mushonga, and
Senator Gutu.

"In terms of the House of Assembly Standing Order 205(6), the 26 days
expired on March 8 2010," Gutu said. "So, we have since requested the
speaker of the House of Assembly for an extension of time for the
Parliamentary Legal Committee to consider the regulations."

He said the committee failed to meet the deadline after the counsel to
parliament left the position vacant a few days after the regulations were
gazetted.

Parliament, according to the Chisipite Senator, got a replacement for the
lawyer early this month and there was little time for the secretariat to get
acquainted with the regulations.

Although there is no precedence of any law that was withdrawn by the seventh
parliament, an adverse report by the committee could lead to the withdrawal
of the regulations.

Prime Minister Morgan Tsvangirai who described the empowerment regulations
as null and void last week said there was an "opportunity" to "reverse" the
regulations. Tsvangirai on Monday met the Council of Ministers for the third
time since the regulations were gazetted. He blames the regulations for
lacking full consultation of cabinet.

Meanwhile, Reserve Bank governor Gideon Gono was this week quoted saying the
controversy surrounding the regulations could divert business interest on
Zimbabwe to other markets.

"There is also the aspect of bringing controversy on ourselves no sooner
after the country held successful investment promotion conferences where
various assurances were given by the country's leadership regarding the
sanctity and safety of investment," Gono said in an interview with a local
weekly.

"The last six months have seen a flood of interest in the economy from both
friends and foes and we must not disturb the momentum by being reckless,
inconsistent and self contradictory with our pronouncements or with what we
do."

The governor, who appeared to be on a collision course with President Robert
Mugabe over the regulations, said the "one-size-fits all" approach of the
regulations could jeopardise the banking sector which is expected to take a
leading role in the empowerment drive.

"But what has to be appreciated is that the collapse of a bank has wider
consequences than an individual non-banking institution, so a one-size-fits
all ownership structure is not an option that we will support."

Bernard Mpofu

Attached RBZ property set to be auctioned tomorrow

http://www.theindependent.co.zw/

Friday, 19 March 2010 10:17

RESERVE Bank of Zimbabwe (RBZ) property has been attached by the Deputy
Sheriff after the central bank failed to pay US$2 million to Farmtec Spares
and Implements will be auctioned tomorrow. A notice published in the state
daily, the Herald, shows that the Deputy Sheriff has attached 35 vehicles,
three fuel tanks on wheels, two air compressors and a diesel generator from
the central bank.

A 38 seater Hino coach, 60 seater UD bus, and two Mazda Swaraj minibuses, a
Nissan, Toyota and Cam double and single cabs are among some of the vehicles
that will go under the hammer.

According to the notice, the auction will be held at Ruby Auctions.

The RBZ failed to pay US$2,1 million for tractors it bought under its farm
mechanisation programme in 2008.

The auction comes after High Court judge, Justice Tedias Karwi, granted an
order last year compelling the central bank to pay US$2,1 million to Farmtec
Spares and Implements.

Lawyer Davison Kanokanga of Kanokanga & Associates approached the High Court
on behalf of Farmtec and was granted the order after the RBZ had admitted
that it owed the company money for the tractors supplied.

According to court papers, the RBZ placed an order of 150 tractors in 2008
with Farmtec through the Farm Mechanisation and the Agricultural Support
Enhancement Facility.

In October 2008, Farmtec delivered 60 tractors valued at US$2,1million and
the remaining 90 were to be delivered upon the RBZ's payment of the initial
delivery.

Despite numerous calls of demand, the central bank "failed, or neglected to
pay the plaintiff the US$2 100 011 due", a development that forced Farmtec
to approach the court for relief.

The sheriff was directed to seize the bank's fixed assets should he fail to
find movable goods.

The writ of execution listed five fixed RBZ assets in Kariba, Mutare and
Harare.

The assets include stand number 548 in Kariba measuring 2 927 square metres
registered under the deed of transfer number 11464/89, a stand in Harare's
Greendale measuring 1,6 hectares and registered under deed of transfer
number 5017/83, and another stand number 17613 of Harare Township registered
under deed of transfer number 2486/98.

Other properties are stand number 82 Umtali (Mutare) measuring 1 487 square
meters and registered as deed number 10541/97 and a plot number 138 of Rodel
Township measuring 1,9 hectares registered under deed number 1449/94.

It is not clear if Farmtec has attached these properties yet.

The central bank ran many quasi-fiscal operations such as printing money.

The bank introduced Productive Sector Facility, Basic Commodity Supply Side
Intervention, Local Authorities Reorientation Programme, the Farm
Mechanisation Programme and the Agricultural Support Enhancement Facility
all funded by the RBZ printing press.

But the dollarisation of the economy last year has meant that RBZ could no
longer print money. Since then the RBZ has been surviving on a tight fiscal
budget.

Last week the bank, according to sources, auctioned off 281 tonnes of
compound D fertiliser, 4050 gallons of Antichoke herbicides, 464 gallons of
Alachhlor herbicides, 82 gallons of paraquart herbicides, 459 boxes slash
insecticide, 871 boxes ES35 insecticide, 55 boxes retrozin 480 EC
insecticides among other agro-chemicals.

It is not clear how much the RBZ raised from the auction.

The RBZ blames the treasury for under-funding the bank. Finance minister
Tendai Biti has refused to adequately fund the bank arguing that there was
need for reforms at the bank and that there was need to clip the governor's
wings.

Chris Muronzi

A letter from the diaspora

OUTSIDE LOOKING IN

Dear Friends.
I ended last week's Letter with a question posed by Prime Minister
Tsvangirai himself and slightly re-worked to read 'How do you solve a
problem like Mugabe?' But Zimbabwe is no Sound of Music, no happy ending is
in sight with thousands of Zimbabwe's children marching forward to freedom
and a better life.
I admit my heart skipped a beat when I heard the tail-end of a BBC News
bulletin stating that "thousands of red shirted demonstrators had thronged
into the main square in a show of defiance against the government." But my
momentary joy that maybe it was Zimbabwe and the people had at last found
their courage quickly turned to disappointment when I realised it was not
Harare but Bangkok where 100.000 people had gathered in a peaceful
demonstration of people's power. Why doesn't that happen in Zimbabwe, I
wondered. Surely we know by now that it is only people's power that will
dislodge the dictator but Zimbabweans remain the passive and silent victims
of Mugabe's continuing grip on power.
Instead of thousands of people in Unity Square voicing their anger and
discontent at this sham of a Unity Government, Zimbabweans were waiting this
week - with very little hope, it must be said - for President Jacob Zuma to
fly in and mediate the current impasse. While we waited for that to happen,
Prime Minister Tsavangirai went on record to say that he and Robert Mugabe
are "in a good relationship. We are eating together every Monday," he said
and the expanding waistlines of the politicians illustrate that truth only
too clearly! What a slap in the face for the thousands of Zimbabweans who do
not even know where the next meal is coming from. Reading Cathy Buckle's
Letter from Zimbabwe, which described the state of the invaded farms, it was
too easy to understand why there is widespread hunger, there is no food
being grown. 'Righting colonial injustices' as the so-called Land Reform was
touted by Mugabe and his Zanu PF has come at an enormous price to the people
and the economy of Zimbabwe. For ten years, Cathy Buckle pointed out, the
new farmers have been on the land but there is precious little to show for
it. Despite all the free imputs given to the new farmers: seed, fertiliser
and tractors, vast tracts of land, formerly flourishing farms growing food
for the nation, are now empty fields where only grass grows. Compare Cathy
Buckle's picture with the view of Joseph Made, the eagle-eyed Minister of
Agriculture who sees (from a helicopter!) maize growing where there is none.
Made argues that the state of the farms is all due to the effects of
sanctions. It is the pernicious and racist sanctions that have destroyed
Zimbabwe's agriculture, he claims.
And after Land Reform, that so-called 'righting of colonial injustices' we
have the Indigenisation Act, which it is claimed will enable all Zimbabweans
to access the country's wealth. Even Gideon Gono, the Reserve Bank Governor,
has seen through this charade. "Let us avoid" he said, "falling into the
trap of being driven by the shrill war cries and voices of a few who are
driving their own private agenda for personal gain in the name of
empowerment of the masses. We definitely need to sober up." Unbelievably,
the MDC leader appears still to be under the influence, not of liquor but of
Zanu PF politicking. Speaking at a symposium on public/private ownership the
former trade union leader told his audience of business people, "I want to
assure you that the policy (of Indigenisation) is in the best interests of
the people of Zimbabwe." Just exactly which 'people' he was talking about
was not clear, since the definition of 'indigenous' in the Act is more than
a little vague. Later in the week, Tsvangirai was singing from a rather
different hymn sheet.
"We are caught between a rock and a hard place," he admitted to his own
followers at a meeting in Masvingo. They were urging the MDC leader to quit
the Inclusive Government. It has done nothing for them they said as they
described to Tsvangirai the ongoing violent attacks by Zanu PF on their
members. But, as they were told by their leader, "We have to try and soldier
on, we are not going back."
And then Jacob Zuma arrived in the country to mediate. One could almost feel
sorry for the man in his thankless task of knocking heads together. The
truth is that politicians on all sides are now living such comfortable lives
that they have forgotten what it is like to go to bed hungry, jobless and
without hope. On Thursday we were told that President Zuma was "Pleased with
the progress. A packet of measures as per the decision of the SADC Troica in
Maputo has been agreed." The parties were apparently told to attend to these
outstanding matters and report to the Facilitator by 31 March. Today,
Friday, it is being reported that Mugabe has quietly restored to MDC
Ministers the powers he took away from them. It is further reported that the
Attorney General will go but the Reserve Bank Governor will stay. We will
only know the truth of that in the weeks ahead but experience should have
taught us all by now that sticking to agreements is not in Mugabe's nature.
Politics in Zimbabwe continue to be dominated by one man - and his army -
and HE is still there.
Yours in the (continuing) struggle PH. aka Pauline Henson author of Case
Closed published in Zimbabwe by Mambo Press, Going Home and Countdown,
political detective stories set in Zimbabwe and available on www.lulu.com.