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Gono Profiteered - DRC Envoy

http://www.radiovop.com

Harare, March 30, 2012 - The Democratic Republic of Congo’s (DRC) ambassador
to Zimbabwe, Mawapanga Mwana Nanga, believes Gideon Gono, Zimbabwe’s central
bank governor Gideon Gono profiteered from his actions at the height of the
country’s economic crisis because the things that he was doing did not make
sense.

The DRC envoy made the remarks after the United States ambassador to
Zimbabwe, Charles Ray had paid a courtesy call at his offices in Harare in
December 2010. Their discussion was intercepted and leaked by
whistle-blowing website, Wikileaks. Mawapanga told Ray that the same could
be said for many Zanu (PF) ministers who did not seem to have the country's
best interests at heart.

Mawapanga told Ray that the DRC had sent its central bank governor to Harare
to spend the whole day with Gono but the visit was a total waste.

“The only thing that made sense, Mawapanga said, is that Gono was profiting
from his actions - in fact, the term he used was profiteering,” Ray said.

The DRC ambassador said Gono had single-handedly destroyed the value of the
national currency because instead of focusing on combating inflation and
keeping the national currency strong, his actions had the opposite effect.

In a revealing disclosure, he said the Movement for Democratic Change led by
Prime Minister Morgan Tsvangirai (MDC-T) which had its own problems, most
significantly lack of experience and no apparent plan to govern was the best
thing that could have happened to Zimbabwe.

The DRC is largely thought to be close to President Robert Mugabe and Zanu
(PF) especially after the Zimbabwe Defence Forces were deployed to help then
DRC leader Laurent Kabila repel an incursion by armed rebels, who were being
propped up by Rwanda, Uganda and Burundi.

The DRC ambassador also touched on the contentious succession issue in Zanu
(PF) saying Mugabe was playing a waiting game as he attempted to identify an
individual within his party would play a unifying role.

He said Mugabe's physical frailty and advanced age could make it impossible
for him to identify a successor.

“In such a case (either through his death or inability to physically
function) the Zanu (PF) factions would go at each other,” said Mawapanga.

Mawapanga said Mugabe believed the military was professional and would tell
the politicians to get their act together and serve whoever came out on top.

Ray described the meeting with the DRC ambassador as “an uncharacteristic
session of candor” saying the envoy was critical of Zanu (PF) and indirectly
President Mugabe. Mawapanga told Ray: “The parties here need to spend more
time talking to each other to meet the needs of the people, and less time
focusing on scoring political points."

Land reform here was inevitable, but Zanu (PF) had handled it poorly,
distributing land to cronies rather than to the small farmers who, with
help, could revive agricultural production.

"Zanu (PF) needs to quit using western sanctions as an excuse not to improve
conditions in the country, but the West (U.S. and EU) need to try and find
positive things to focus on to help the process along.”

In his commentary Ray said further: “I met with DRC Ambassador Mawampanga
Mwana Nanga on December 14 at the DRC Embassy. He has been in Harare for
eight years, with his family remaining in the DRC, and he says that as soon
as Kabila is no longer President of the Southern Africa Development
Community (SADC) he plans to lobby to return home.

“Mawapanga, who served as DRC Finance Minister before Laurent Kabila's
assassination and was thought to have a role in designing the financial
aspects of Zimbabwe's then-military support for the DRC, has been a thorn in
the side of many of the Western ambassadors here, most notably the U.S. and
UK, who have often been accused of trying to overthrow the Mugabe regime.

“Surprisingly, during our meeting he was friendly and in his criticism of
Mugabe and Zanu (PF)uncharacteristically candid and blunt.”

“As an example, he said he finds it strange that Zanu-PF will complain of
the crippling effect of sanctions on the one hand, then spend millions on a
large delegation going on a trip, or claim to have US$10 million for
agricultural inputs,” Ray said. “Furthermore, he said, they will distribute
this largesse to cronies rather than the small-holder farmers who could
really revitalise the country's agricultural production.”


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Magistrate throws out Gwisai community service appeal

http://www.swradioafrica.com

By Tichaona Sibanda
29 March 2012

Former MDC-T MP Munyaradzi Gwisai and his co-accused have suffered a blow,
after a decision by a Harare magistrate to dismiss their appeal against
their community service sentence

Magistrate Kudakwashe Jarabini ruled on Friday to reject the appeal, which
had been made by lawyer Alec Muchadehama on behalf of Gwisai, Antonette
Choto, Tatenda Mombeyarara, Edson Chakuma, Hopewell Gumbo, and Welcome
Zimuto.

In his submission Muchadehama had argued that the group could not begin the
community service, until the appeal against conviction and sentence has been
dealt with.

Dzimbabwe Chimbga, programs manager for the Zimbabwe Lawyers for Human
Rights, told SW Radio Africa that the ruling means Gwisai and the 5 others
will have to proceed and perform the community service starting on Saturday.

‘Today’s (Friday) ruling does not mean the appeal against sentence and
conviction falls away. That will be dealt with by the High court. The
recourse for the defence at the moment is to appeal against today’s ruling
which takes a bit of time knowing our court processes which are quite slow.

‘For intents and purposes by the time that appeal come before the court,
most of the community service would have been served,’ Chimbga said.

Gwisai and the five activists were last week convicted on charges of
conspiracy to commit public violence. The magistrate ordered the six to pay
a $500 fine each. A further 24 months-prison term was imposed on the
activists, 12 months of which were suspended on condition of good behaviour
for the next five years. The remaining 12 months were suspended on condition
the six perform 420 hours of community service, starting on March 31.

On Thursday the state indicated that it will appeal against the sentence
meted out to the group. Prosecutor Edmore Nyazamba told the court that the
sentence was ‘lenient’ and the state insists the group must serve a prison
sentence.


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ZANU PF thugs assault MDC-T activists in Sanyati

http://www.swradioafrica.com

By Tererai Karimakwenda
30 March 2012

At least six people were hospitalised after a group of ZANU PF thugs went
door-to-door in Sanyati district on Tuesday, assaulting people who had taken
part in a training session organized by the MDC-T.

Trena Ruzvidzo, the MDC-T Midlands North Chairperson, said one victim was
hit on the head with an axe and others were assaulted with iron bars and
garden hoes. Ruzvidzo and other witnesses said the gang was led by a well
known war vet named Enias Mapfumo, who came with 20 others.

Police made no arrests and claimed they had no transport to ferry the
victims to hospital in Kadoma. According to Ruzvidzo they even harassed the
victims and made no effort to investigate the incident.

Ruzvidzo explained that the MDC-T conducted a workshop on democratic
processes for activists in the area on Monday. A group of thugs disrupted
the session, accusing the participants of being sellouts because they do not
support ZANU PF.

The next day several participants were targeted by Mapfumo and his gang. The
war vet accused them of being trained to make petrol bombs and said he
wanted to make an example of them.

Ruzvidzo said the gang abducted Josiah Shumba and wanted to use him to point
out the other workshop participants, planning to take them in their car to a
torture base. But their car broke down and they went to the homes of the MDC
activists.

According to Ruzvidzo, Amos Zhou was assaulted with an axe and suffered
serious head injuries while Plaxedis Chadeurwa was assaulted on her buttocks
with the handle of a garden hoe and is not able to sit. The two were taken
to the Avenues Clinic in Harare due to the seriousness of their injuries.

Ruzvidzo said there is no clinic or hospital in this remote part of Sanyati
where the attacks took place. The victims were first taken to Kadoma, but
the police and the clinic would not assist them.


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Diamond output surges at Rio's Zim unit

http://www.iol.co.za

March 30 2012 at 10:35am
By Reuters

Diamond output at Rio Tinto's Zimbabwe unit more than doubled to 324,000
carats last year, the local minority shareholder in the venture said on
Friday.

RioZim Limited, which holds a 22 percent stake in the Murowa mine in
southern Zimbabwe, said in a statement production rose to 324,000 carats
from 141,000 in 2010. It did not give further details.

Murowa is planning a $300 million expansion to lift output to 1.8 million
carats but has delayed the project due to a law that seeks to force
foreign-owned firms, including mines, to cede 51 percent shares to locals.
Rio Tinto controls 78 percent.

Rio Tinto told Zimbabwe's government last October that it had agreed to give
up 51 percent stake in Murowa to comply with the economic empowerment law.

The heavily criticised law is aimed mainly at mining firms and banks
operating in the resource-rich country, which is in a fragile recovery after
a decade of contraction.

Rio Tinto, the world's third-largest miner, effectively invited bids on
Tuesday for its diamond business, including the Zimbabwean operation, and
joined BHP Billiton in a retreat from an industry that has lost its sparkle
for mining majors. - Reuters


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Cash-flush buyers fuel boom for new Harare mansions

http://mg.co.za/

JASON MOYO Mar 30 2012 00:00

While much of Zimbabwe's economy thirsts for cash, the market for luxury
homes is steaming.

Houses in Borrowdale Brooke, a wealthy suburb of Harare, have been
advertised from $2.5-million to "just" $7.5-million.

These prices should look out of place in a country where no mortgages are
offered and the economy appears to be stagnating -- but estate agents say
there is a lot of new money flowing into luxury homes.

"It is not unusual to get someone putting up a million and asking you to
find a property. It's a small minority but increasingly active," said estate
agent Pascal Farayi.

The increasing show of wealth in Harare's northern suburbs highlights the
widening gap between the cash-rich barons and the rest of the country. In
Harare alone, at least three new enclaves for the wealthy are being
developed and most of the plots are being snapped up for cash.

Diamond money going property
Much of the new money going into luxury property is thought to come from the
diamond industry, a suspicion that grew after the head of a state mining
company built a three-storey mansion in Harare a year ago.

But agents did not ask potential buyers where they get their cash from,
Farayi said. "We are just here to sell." When he offered a property for $900
000 this month, he received two cash offers -- one from an Israeli national
and another from a local.

Cash-rich buyers are now calling the shots in the market.

Foreign buyers taking bets on the economy turning the corner are also
contributing to the boom in luxury homes, according to analysts Business
Monitor International. Even though prices were inflated, there were signs of
"a great deal of pent-up demand", the group said.

"Many investors believe that property values will explode to the upside if
and when a lasting political resolution is reached and therefore see it as
an attractive investment opportunity."

Lack of funding
Juliet Harris, head of Pam Golding Zimbabwe, said the lack of financing from
banks kept much of the market depressed, which gave wealthy buyers more
clout.

"We anticipate that this trend will continue for the ... foreseeable future.
As a result ... there is now even greater resistance to overpriced
properties ... it is not the sellers or agents who are determining the
selling price, but the buyers who have cash," Harris said in a note to
clients.

The boom has attracted South African property companies. Last year, property
management company JHI entered the market, joining Re/Max, which has had a
franchise in Zimbabwe for more than a year.

The Re/Max franchise has land on the market in a $250-million gated
community called Beverly Hills Golf Estate. Buyers will be able to choose
from 400 designs by South African architects Nico van der Muelen and
Francois Marais.

The spurt in the construction of mansions in Harare may have contributed to
the good results for South African cement-maker PPC, which said recently
that Zimbabwe was the only one of its regional markets to register growth in
sales.


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Zimbabwe probes thefts of donated text books after massive UNICEF program to re-equip schools

http://www.washingtonpost.com

By Associated Press, Updated: Saturday, March 31, 3:28 AM

HARARE, Zimbabwe — Zimbabwe’s education ministry said Friday it is
investigating how school text books donated by the U.N. children’s agency
wind up in the hands of bookstores and street vendors.

The United Nations Children’s Fund has supplied 22 million books since late
2010 after a decade of economic meltdown that left many schools without
teaching materials. In some schools, scores of pupils had shared a single
book.

Education Minister David Coltart said Friday that culprits behind the theft
and sale of books — officially the property of government schools — will be
prosecuted.

The books, stamped and identifiable, sell for up to $10 on the street or $20
in a bookstore. A main teachers union says teachers may be stealing them to
make up for poor salaries of about $220 a month.

Coltart said the donated books became the responsibility of individual
schools across the country.

The joint schools program with UNICEF ended acute shortages of books and
made Zimbabwe the only country in Africa with an estimated ratio of one book
for each pupil, Coltart said in a statement.

The books were stamped with UNICEF and education ministry emblems and the
legend “Not For Sale.” Each delivery was signed for and accounted for by
principals at registered state schools.

Coltart said a likely market for stolen books was among unregistered and
informal schools.

The Progressive Teachers Union says it has confiscated scores of books from
street vendors and believes thousands more are being sold illegally.


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Mismanagement bleeds NRZ

http://www.financialgazette.co.zw

Friday, 30 March 2012 14:38

Clemence Manyukwe, Political Editor

CORRUPTION, looting of assets and mismanagement has paralysed the National
Railways of Zimbabwe (RRZ), resulting in the parastatal incurring a US$3
million deficit monthly.
The national rail operator has been running without a board since July 2009.
Of late, NRZ has struggled to pay its workers numbering about 8 000 amid
allegations that some members of its management team are awarding contracts
to companies in which they have an interest.
At independence in 1980, the parastatal had 18 000 workers.
Last week, the Parliame-ntary Portfolio Committee on Transport and
Infrastructural Development recommended a thorough probe into NRZ’s
operations.
This followed allegations against management that include the violation of
tender procedures.
Specifically, the replacement of NRZ’s internal security with a private
security firm is said to have resulted in heightened vandalism of electrical
cables and theft.
In one act of theft, 380 kilometres of electric cable, valued at US$110
million was inexplicably stolen between Gweru and Harare.
The Parliamentary Commi-ttee also recommended the appointment of a new board
by the Minister of Transport, Communication and Infrastru-cture Development,
Nicholas Goche.
Workers at NRZ had complained to members of the Portfolio Committee that
their bosses were operating without supervision, and were not accountable to
anyone.
This was despite claims by management that the secretary for Transport,
Communi-cation and Infrastructure Development, Partson Mbiriri, was
supervising them.
“Workers further alleged that NRZ management violated tender procedures
resulting in the NRZ paying more than double the price of certain
commodities causing them to fail to honour the payments and ended up being
taken to court by creditors for example Railway Wheelset,” reads part of the
report compiled by the committee.
The committee is chaired by Kwekwe lawmaker, Blessing Chebundo.
“Further, allegations were that ‘Wheelset was most likely an inside creation’.
Manage-ment acknowledged outside court settlement of payment with some
creditors.”
Besides that, some of the parastatal’s problems were blamed on a bloated
management that was said to be top heavy, resulting in duplication of
duties.
In the past, NRZ had a staff compliment of more than 12 000 with only one
general manager and two deputies. The situation has dramatically changed.
Its workforce is    now down to 8000 but instead of trimming its head
office, NRZ now operates with a general manager, five directors, three area
managers and five army personnel at director level.
There are also 191 army personnel seconded to NRZ whom workers said were an
unnecessary cost to the parastatal.
The rail firm was said to be paying the soldiers a “75 percent allowance for
the individual’s corresponding NRZ grade, in addition to the government
salary”.
Members of Parliament said it is now time for the soldiers to be thanked for
their contribution to NRZ and told to revert to their core national role.
NRZ is currently in a sorry state.
Its wagons have long gone beyond their economic lifespan of 40 years.
Only 13 of the 168 locomotives are within the lifespan, with six years
remaining.
The state firm owns a fleet of 309 coaches but only 130 were said to be in
service but are in a deplorable and unsafe state.
The railway firm owns 8 682 wagons of which only 3 427 are operational,
transporting over six million tonnes of goods per year.
The tonnage moved by NRZ in 1992 was 12 million.
The committee noted that NRZ management has no clear strategy on how it is
going to turnaround the parastatal in the event that government decides to
inject fresh capital.
MPs fear that if funds are availed without “visionary” management, the
resources may go to waste.
Contributing to the debate, Bulawayo South MP and a member of the committee,
Eddie Cross, said the report had raised serious issues and it should be
immediately be passed to President Robert Mugabe, Prime Minister Morgan
Tsvangirai and the Anti-Corruption Commission for action to be taken.


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Family want Mujuru body exhumed

http://www.swradioafrica.com

By Lance Guma
30 March 2012

The family of the late army general Solomon Mujuru says it still suspects
foul play in the way he died, despite a ruling to the contrary by inquest
magistrate Walter Chikwanha. Family lawyer Thakor Kewada said they will seek
permission from the Home Affairs Ministry to have his remains exhumed for a
fresh post-mortem.

The decision sets up a potential flashpoint, given the determination by some
sections of ZANU PF to kill speculation over the general’s death. Attorney
General Johannes Tomana has already instructed the police to treat the
Mujuru docket as ‘a closed and completed matter’ despite protests from his
family.

The ZANU PF controlled media are aggressively pushing the line that Tomana
has the last say on the matter. But Kewada insists he will be writing to the
Home Affairs Ministers Kembo Mohadi (ZANU PF) and Theresa Makone (MDC-T)
once Vice President Joice Mujuru is back from her trip to Dubai.

It will be interesting to see whether the two co-Home Affairs Ministers will
agree on the exhumation, given they are from two different political parties
that see things differently.

“I cannot predict what the Minister of Home Affairs is going to say, but
wisdom must prevail when we make our application. He must know that the
general public still has suspicions. He must authorise exhumation of the
body so that the public will not say somebody is trying to hide something,”
Kewada said.

Kewada said the Mujuru family strongly suspect the general was ‘demobilised
and killed’ and “there is suspicion in the minds of my clients and relatives
that somebody killed the General and ferried his body and put it in the
house.” He disputed claims an exhumation was of no value, given the time
that had elapsed.

“The magistrate has erred again in his thinking. You can examine a body for
up to 20 years,” Kewada said provided “the body is interred in a cemetery
established or controlled and administered under the Cemetery Act Chapter
5.4 such a body may only be disinterred upon the order of the minister
responsible for Home Affairs”.

Kewada is also not happy that the magistrate accepted evidence from the
Cuban pathologist who examined Mujuru’s remains, even though he was not a
registered medical practitioner in Zimbabwe. “I also cross examined the
pathologist for two-and-a-half hours and in my cross examination I
established that the pathologist admitted on four occasions that his
post-mortem report was flawed,” he said.

To make matters worse, Kewada claims he is being denied a transcript of the
inquest hearing and that Chikwanha’s report omitted a number of things said
by witnesses during the hearing.

Mujuru died last year in a fire at his farmhouse in Beatrice, outside
Harare. His death deeply divided ZANU PF because he led a faction that was
locked in a fierce contest for influence with another faction led by Defence
Minister Emmerson Mnangagwa. The death has strained relations further within
ZANU PF.


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Activists ‘hopeful’ ahead of Zim torture ruling

http://www.swradioafrica.com/

By Alex Bell
30 March 2012

The activists who led a landmark legal challenge in South Africa this week
have expressed hope for a favourable ruling, expected in the coming months.

The case, which calls on South Africa to honour its international legal
obligations and investigate incidences of torture in Zimbabwe, came to an
end in the Pretoria High Court on Thursday. Presiding Judge Hans Fabricius
reserved ruling on the matter, but a judgement is expected soon.

The Southern Africa Litigation Centre and the Zimbabwe Exiles Forum filed an
application to the court earlier this year hoping to overturn a decision by
South Africa’s National Prosecuting Authority (NPA) and the police not to
investigate high level Zim officials linked to state sanctioned torture in
2007.

Their case is based on a dossier detailing the attack on MDC members in
2007, which was handed to the NPA in 2008. But a formal investigation was
never launched.

The court challenge this week argued that South Africa does have a legal
obligation to investigate these crimes, because it is a signatory to the
Rome Statute. The legal team representing the Litigation Centre and Exiles
Forum argued that the NPA and the police had failed in their duties by not
instituting an investigation, because Zimbabwean victims have no way to get
justice back home.

The Litigation Centre’s Nicole Fritz told SW Radio Africa on Friday that she
was pleased with how the case progressed this week, explaining that even
Judge Fabricius appeared critical of how the State had handled the issue.

“It would appear that Judge Fabricius is aware and very troubled by the fact
that Zimbabwean torture victims have no rights and he seems to be upset by
their plight,” Fritz said.

She added: “We seem to have a receptive judge and I’m delighted by what has
been the court reaction, so I am confident of a favourable ruling.”

Fabricius appeared particularly critical of the State institution’s
arguments that political obligations outweighed their legal obligations,
saying he would “through his hands up in horror” if human rights are bested
by politics.

Gabriel Shumba, a torture survivor and director of the Exiles Forum, told SW
Radio Africa that he is also hopeful that this attitude of the judge will
result in a favourable ruling.

“We have reason to hope for the best and reason to be positive,” Shumba
said, adding: “This case will set a precedence for combating impunity in
Southern Africa.”


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SA bank withholds funding for dual highway

http://www.dailynews.co.zw

By Xolisani Ncube, Staff Writer
Friday, 30 March 2012 14:23

HARARE - Prime Minister Morgan Tsvangirai yesterday told Senators that the
Development Bank of South Africa (DBSA) has withdrawn from a project to
dualise the Beitbridge-Harare-Chirundu highway for unknown reasons.

In 2010, DBSA agreed to extend a $1,3 billion loan for the
Beitbridge-Harare-Chirundu dual carriageway but Tsvangirai said the South
African bank has withdrawn its pledged assistance to fund the project.

In 2010 the government and the South African financial institution signed a
disbursement agreement of $500 000 to fund feasibility studies ahead of the
actual reconstruction of the road.

“The problem that we now have is that we have an increased number of
vehicles using the road, we have big trucks carrying bulk goods using the
road instead of using the railway, so we now have a more complicated
situation,” Tsvangirai told the Senate.

He was responding to a question from Chief Musarurwa, who had asked what
government was doing to reduce road carnage particularly those happening on
the Masvingo highway.

Tsvangirai told the Upper House that despite an increase in the number of
roadblocks, there was no reduction in the number of accidents.

He also told senators that government had agreed to remove spot fines that
are currently being demanded by police officers on the road to avert
corruption.

He however, said he was anticipating resistance from the police as it was
their main source of income.

“Spot fines are illegal and we have made a policy regarding that issue, we
understand that they could be some resistance but we will stick to it
because the law does not allow for spot fines,” Tsvangirai said.


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SA To Start Deportations For Zimbabweans Soon - Ambassador


http://www.radiovop.com

Nompumelelo Moyo Bulawayo, March 30 2012 - The South Africa's Ambassador to
Zimbabwe has disclosed that all those who did not apply for permits and
criminals who fled from Zimbabwe will be flushed out of South Africa soon.

Speaking to Radio VOP in an exclusive interview in Bulawayo on Thursday
after the South Africa-Zimbabwe Business Forum on Investment and Trade
Initiative here, Ambassador Vusi Mavimbela said:

“There is nothing more that we can do as a country, no one wants to keep a
person who entered their country illegally. Those who failed to apply or get
their permits will be flushed out of South Africa.”

He added that the government of Zimbabwe is aware that there are Zimbabweans
who failed to get permits to stay in South Africa and they would be deported
back home because they failed to apply for permits or the process failed
them because they did not deserve.

“Zimbabwean government is aware of our next move and they have agreed to
have their people back home,” said Ambassador Mavimbela.

The 31 December 2010 deadline saw only 275 763 Zimbabwe registering to
legalise their stay in South Africa and Ambassador Mavimbela urged people to
go and collect their permits. He said those that had not yet been called to
collect their permits were a sign that they failed the process.

Many Zimbabweans had over the past few years entered South Africa illegally
to escape the deteriorating political and economic climate in the country.
Solidarity Peace Trust recently estimated that there were about 1.5 million
Zimbabweans living in South Africa.


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Lawmaker Masaiti Speaks Out as Debate on New Marriage Regulations Continues

http://www.voanews.com

29 March 2012

The new marriage regulations, unveiled by Registrar-General Tobaiwa Mudede
this week to curb sham marriages, have been hailed by some gender activists
but concerns have been raised they could create unnecessary bureaucracy that
may restrict women’s rights to chose partners

Violet Gonda | Washington

Zimbabwe's new marriage regulations, unveiled by Registrar-General Tobaiwa
Mudede this week to curb sham marriages, have been hailed by some gender
activists but concerns have been raised they could create unnecessary
bureaucracy that may restrict women’s rights to chose partners.

Lawmaker Evelyn Masaiti with the MDC formation of Prime Minister Morgan
Tsvangirai is one of the first victims of the new regulations. She recently
received widespread coverage when a provincial magistrate barred her from
marrying her Cameroonian partner, Pentecote Ayina, early this month.

Presiding magistrate Jabulani Mzinyathi said Ayina failed to meet the
minimum requirements under the new measures.

The two, however, managed to exchange vows in the same court last week after
Ayina provided original documents from his home country.

Under the new marriage regulations aimed at blocking multiple unions, fraud
by foreigners and marriages of convenience, immigrants are expected to
provide documentary proof from their home countries proving they are not
married and are law-abiding citizens.

Some marriage officers have welcomed the move although but others say the
process will now be cumbersome. Finger prints, photos of the couple and full
witness details are some of the features on the new highly-securitized
marriage certificate unveiled by Mudede this week.

Masaiti told the VOA’s Violet Gonda:  “I don’t think ours was a marriage of
convenience, but the regulation is okay because it protects women and it
also will not be fair if someone who is married somewhere else to come and
marry again in another country.”

But she said more information needs to be availed to show the country truly
has a problem with sham marriages. She adds currently it seems the new
regulations are targeting women more, ignoring male Zimbabweans, including
ministers and other lawmakers, who have foreign spouses and partners.

Jonah Gokova, chairman of the Padare/Enkundleni men's forum on gender said
it is unfortunate that women are generally treated with suspicion when it
comes to marriage. He adds those in leadership and society at large
generally assume women cannot make their own decisions about who they want
to marry.

“I hope this new certificate is not coming into being with that kind of
mentality where they are saying women in Zimbabwe are suspect,” said Gokova.
“But if it is about protecting the rights of Zimbabwean women then I think
it’s a welcome development.”

Masaiti, who's marrying for the fourth time, accused the media of treating
her with suspicion. She said people were quick to judge her.

“They should have asked me what my spouse is doing in life not to think that
he is coming here because he would want to have a marriage of convenience,”
said Masaiti.

“I am now officially married, it was my choice, it was my spouse’s choice
and it was out of love.”

Her new Cameroonian husband said he was shocked by the lack of proper
information on the new marriage regulations, adding he found himself thrust
into an awkward situation.

Pentecote Ayina, who says he's a United Nations humanitarian worker, said
he's contemplating taking measures against the Masvingo magistrate whom he
accuses of leaking his information to the media.

“Once we left the court house, he (magistrate) called the press and gave
them all our private details. That is what is unbearable for me. He deserves
sanctions. He needs to be punished by his hierarchy.”

“I am going to complain as an international humanitarian worker, working
especially for a big organization like the UN. It is an offense against my
privacy.”

Ayina said there is a general tendency that when people see a foreigner they
think they want to settle in Zimbabwe, adding he's different.

“It is out of love, and when I even compare my country with Zimbabwe, really
my country is a very rich country compared to Zimbabwe so I don’t even know
what type of business I can even do here.”

“Now that I have a Zimbabwean wife I must make sure that everything that
Zimbabwe does not have I have to bring it here for my wife to be happy and
comfortable,” added Ayina. “Here in Zimbabwe you don’t have plantains, you
don’t have cocoa, and yams. Even the cooking style is very poor and
different.”

Masaiti’s husband said it is wrong to discriminate against other people
merely because they are coming from a different background.


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Kubatana’s Freedom Fone open source project wins award

http://www.techzim.co.zw

Staff Writer
March 30th, 2012

The Kubatana initiated open source project, Freedom Fone, won an award for
Innovation in Media technology at a ceremony organized by the Index on
Censorship. The award category recognized Kubatana for innovation and
original use of new technology to circumvent censorship and foster debate,
argument or dissent. The category is supported by popular web giant, Google.

A Kubatana representative, Upenyu Makoni-Muchemwa received the award in the
UK, where the ceremony was held.

An open source project, Freedom Fone uses Interactive Voice Response (audio
voice menus) to create a communications platform where users can dial in to
listen to pre-recorded messages in various languages or they can send in
their own voice messages to the platform.

The Freedom Fone has so far been used for an audio magazine called Inzwa
that featured news headlines, interviews with community activists, jobs
vacancies and upcoming Zimbabwean musicians. It’s also been used for short
audio dramas, a question and answer programme on constitutional affairs, and
a phone in service run during Zimbabwe’s premier arts festival HIFA.

According to Kubatana, Freedom Fone is also used in Tanzania, Cambodia,
Ghana, Niger, Kenya and Sri Lanka. The Freedom Phone project was
conceptualised by the projects current technical director, Brenda Burrell.


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Lupane police arrest NGO officer for conducting life skills workshop

http://www.swradioafrica.com/

Dear colleagues

Police in Lupane have arrested the NYDT Senior Programs officer, Bhekumusa
Moyo for conducting a life skills training workshop in the area. The police,
who initially denied the organisation clearance for the workshop last week,
were forced to let it proceed by a High Court order obtained through the
Zimbabwe Lawyers for Human Rights (ZLHR). Reasons for denying clearance were
centred on accusations that the organisation wanted to conduct political
discussions under the guise of Life Skills Training, which largely involves
gender mainstreaming, HIV/AIDS and career guidance. The workshop is done
over three (03) days and started on Thursday March 29.
The police disrupted the workshop that was attended by 30 young people drawn
from different wards in Lupane, saying they do not recognise the High Court
clearance. The law enforcement agents also stated that the NYDT did not
follow the correct procedures for acquiring clearance for such meetings.
For more details contact NYDT Director Liberman Bhebhe on 0774 208 436.
Regards,

NYDT Information Department
“Empower the youth. Shape the future!”


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Politicians erode public trust

http://www.financialgazette.co.zw/

Friday, 30 March 2012 14:08

Clemence Manyukwe, Political Editor

THE failure by high-ranking government officials and top politicians to
settle their utility bills has heightened the erosion of  public trust and
confidence in those holding public office in Zimbabwe.
The major culprits are ZANU-PF members who, through their farming
activities, have consumed high volumes of water and electricity without
paying for them thereby causing widespread disenchantment and raising
questions over their eligibility to continue holding public office.
And in a case of having eyes that are bigger than their bellies, some
officials have been exposed for failure to pay bills at multiple addresses,
with others owing ZESA amounts well over US$100 000.
Failure by politicians to settle their bills has put operations of
parastatals in jeopardy. And in the case of ZESA, the power utility, it has
compromised the State-firm’s capacity to import more electricity and in the
process ruining industry and commerce’s recovery prospects. Ordinary
households have also been plunged into prolonged darkness as a result of
increased load shedding.
This week, political analyst, John Makumbe, said all those who owe
parastatals huge sums of money should step down from government because they
are not fit to hold public office due to the grave consequences of their
actions.
He painted those who paralyse national institutions through declining or
failure to pay their bills with the same brush as those who are running them
aground through systematic looting and corruption.
“They are not fit to hold public office and they should step down. What they
are doing is equivalent to looting,” Makumbe said.
“They are not fit to govern. They have been caught with their hands in the
cookie jar.”
Some ministers or former ministers who have been caught-up in the scandal
have previously taken a solemn oath of office to uphold the country’s
Constit-ution and all other laws as well as champion the good management of
the public affairs of Zimb-abwe.
Instead of seeing the error of their ways, some ministers have sought to
divert public attention through accusing those heading or in charge of the
parastatals of leaking information on debtors.
Makumbe said the other reason why water or power supplies to the influential
and the connected individuals who have defaulted have not been cut-off is
graft.
“The reason why workers at the parastatal are not cutting off supplies is
not that they are afraid. Some are being bribed not to cut off supplies.
Someone is given US$100 or US$1000 for personal use, while parastatals are
collapsing,” added Makumbe.
Last Thursday, during a House of Assembly debate, Movement for Democratic
Change Bikita West Member of Parliament, Heya Shoko, named some of the MPs
who have failed to settle their bills. Shoko said even though some named
lawmakers have blamed targeted sanctions for the country’s problems, their
actions were a form of sanctions on parastatals.
“Of note, we have Hon. Bhasikiti — US$77 828,66. He has become a parasite to
the Government of Zimbabwe. The-re is Hon. Munyaradzi Mang-wana who is
seated in this House, he also has US$41 512,94. We cannot say the Hon.
member is failing to pay. He       has been in the Constitution
Parliamentary Select Committee and he is a co-chair. He has    been getting
allowances and      he does not want to pay ZESA. Mr. Speaker Sir, we also
have    the Governor of Masvingo Province, Hon. Titus Maluleke who is now
owing US$16 857,33, that he did not pay to ZESA,” said Shoko.
“We also have the Governor of Manicaland Province who has probably become
the president of the Zimbabwe Electricity Defaulters Association, because
the man is having nearly half a million, US$367 606,07. Mr. Speaker Sir, all
these people were receiving their monthly bills, looking at them and
dropping them in their bins. Mr. Speaker Sir, Hon. Kembo Mohadi and wife owe
US$12 538,57.”
The previous day, the Minister of Youth Development, Indigen-isation and
Empowerment, Savi-our Kasukuwere had confirmed before Parliament to owing
ZESA.
So far one of the reasons proffered for non-payment by some politicians is
that they are tobacco growers who only get their windfall once a year after
the auction floors open.
However, that argument leaves more questions than answers.
Does that mean the new tobacco growers now wait to    settle other essential
obligations such as farm labourers salaries only after selling their golden
leaf? Where the previous white farmers devils after all as they     by and
large settled their debts, to avoid prejudicing parastatals? What happened
to a farming practice called crop rotation — the successive planting of
different crops on the same land to improve soil fertility and help control
insects and diseases —  which assured farmers of income all year round? What
more support do these individuals need and for how long should these
parastatals suffer in order for them to put their houses in order after they
previously accessed free inputs and farming equipment over the years?
Mary-Jane Ncube, the executive director of the local chapter of graft
watchdog, Transparency International, said the conduct by the government and
political leaders raises accountability issues.
She added there are ordinary Zimbabweans who are in a worse off financial
position than the defaulters, but they are honouring their obligations, not
because they can afford, but the law requires them to do so.
“The effect of them being public officials and them being     political
leaders does not set a good precedence for public integrity and
accountability.    They are not setting a good example, they are not setting
a good standard for ethical behaviour for the rest of society,” said Ncube.
But why have the defaulters been allowed to incur such huge debts with no
red flag being raised by the powers that be?
Political analyst, Charles Mangongera, said the reason is because Zimbabwe
has what he termed a “blood-sucking political system.”
“I think it confirms that we have a vampire State where the political elite
use their power and influence to appropriate certain material privileges at
the expense of the citizenry. How do you explain the fact that a poor widow
in Chitungwiza gets her electricity cut-off for failing to settle a bill
that is as little as US$35 yet the powers-that-be and their cronies who
collectively owe millions of dollars are not disconnected,” said
Mangong-era.


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US, local NGO partner to contain child abuse in Shurugwi

Shurugwi, March 30, 2012: The United States Embassy and local NGO TaLI have
partnered in an effort to promote awareness of gender rights, to end child
abuse, and to empower young girls by establishing clubs in 40 schools in
Shurugwi district in Midlands province.

On Wednesday, United States Ambassador Charles Ray toured Rusununguko High
School, where 120 high school students actively participate in TaLI clubs.

“I believe it is very important for young people from all over the country
to talk about improving girls’ rights and girls’ empowerment. That is why
the U.S. Embassy partnered with TaLI in bringing training and launching
gender and empowerment clubs in Shurugwi, including at this school,” said
the U.S. Ambassador, who addressed members of the club separately before
meeting the rest of the school.

The U.S. Embassy, through the President’s Emergency Plan for AIDS Relief
(PEPFAR), provided seed funding to Tag-A-Life International (TaLI) to start
the clubs in 24 wards. Rusununguko hosted a training for teachers and
students from various surrounding schools who wanted to start a club.

“It is at this school that I learned to speak out against abuse of girl
children through reporting one of my beloved teachers to the school
headmaster. The teacher had attempted to have a relationship with me. As a
girl child, I stood for myself and did not suffer any harm as a result,”
TaLI founder and former student Nyaradzo Mashayamombe told students,
teachers and local government officials at the event.

“Today, I speak to Rusununguko and Ndawora (Primary School) that it is up to
you to stand up against abuse, against anyone who attempts to take advantage
of you as a girl child.”

School officials told the visiting U.S. envoy about the success of the club,
which was formed in November last year.

“I think I have learned a lot from this myself,” said Edius Pongweni,
Headmaster at Rusununguko High School. “When TALi was launched, I was not
here, but I am happy to learn that our children have been transformed to
reflect this new philosophy. It is very heartening that this is happening,
and my greatest wish is that we do what has been said so that others will
also be transformed positively.” The school has an enrolment of nearly 600
students and just under 300 girls.

Ms Chitereka, headmistress at Ndawora Primary School, adjacent to the high
school, said they had replicated the club for primary school students.

Club membership started at 28 members most of whom were girls, but with
time, the membership grew to 126 and now includes boys, according to Mr
Ndoro at science teacher at the school.

However, it was the testimonials from students that told the tale of the
situation in the district with some narrating the lure of the gold from
nearby gold panners.

“I have a couple of my friends who left school to pursue a career at
Chachacha (growth point) as prostitutes,” said Wadzanai Marumisa, head girl
at the Rusununguko. “As far as I understand, a girl child should be given
room for education and not reprimanded for being at school,” she added.

“Today Tag-A-Life stands as a solution,” noted the school head girl. “Our
intention as members of the group is to facilitate learning and exchange of
thought for permanent change in life and thought. And our wish is to make
the girl child’s world a safe one.” A male student at the school said the
club had helped him appreciate the importance of helping out with household
chores such as washing plates, cooking and helping his sister at home.

In his speech to the school, Ambassador Ray gave advice to the boys, “Invest
in the women in your life. Your mother fed you; your grandmother told you
stories; your sisters helped you get ready for school; and your girlfriend
gives you confidence. In the future, I hope your wives, if you get married,
will give you support and comfort, while your daughters give you
unconditional love,” said the U.S. diplomat. “In return, you must support
the hopes, dreams and ambitions of all of them. This investment will pay you
back huge returns throughout your life.” – ZimPAS © March 2012


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MISA-Zimbabwe: Veteran journalist’s memoirs launched

MISA-Zimbabwe Communiqué
30 March 2012
MISA-Zimbabwe launches second journalist- in- residence memoirs

MISA-Zimbabwe on 29 March 2012 launched the memoirs written by veteran
Zimbabwean journalist Grace Mutandwa under its Journalist-in-Residence
programme.

The launch of the memoirs titled, The Power and the Glory, follow those that
were written by veteran journalist Bill Saidi, A Sort of Life in Journalism,
which were launched in March 2011. Graces’ memoirs are a narration of her
personal life and professional experiences having worked as a journalist for
both the independent and the state media and a communication officer with
the British Embassy in Harare.

In her welcoming remarks, MISA-Zimbabwe board member, Martha Mashonganyika
noted the importance of the project in the preservation of Zimbabwe’s
history by journalists.

She said the project aimed at encouraging journalists to share their stories
and inner thoughts on socio-economic and political issues as a way of
enabling Zimbabweans to get to know and appreciate them beyond their
by-lines and voice-overs.

Grace expressed her gratitude to MISA-Zimbabwe for the six- month experience
during which she also conducted lecture series at journalism institutions .
During the mentorship lecture series, Grace had opportunity to interact with
young and less experienced journalists as well as colleagues in the media.

“The experience with the lectures made me realise that … –I love teaching!’
During the six-month fellowship Grace also established an interactive
mentorship Blog.

Ignatius Mabasa who edited the book describes it as a candid and wise book,
full of illuminating illustrations drawn from a wide range of wide
experiences.

“Through these memoirs, Grace is not just sharing personal experiences, but
making a historical and social study of Zimbabwe. This is a book I would
recommend to be included among the journalism training materials,” said
Mabasa.

End

For further information, please contact:
Koliwe Nyoni Majama
Programmes Officer (Gender and the media, Broadcasting and IT)
Media Institute of Southern Africa-Zimbabwe


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Tsvangirai Statement to Water summit

KEYNOTE SPEECH BY THE RIGHT HONOURABLE PRIME MINISTER OF THE REPUBLIC OF
ZIMBABWE,
MORGAN RICHARD TSVANGIRAI, AT THE HARARE METROPOLITAN WATER SUMMIT

30 MARCH 2012

Deputy Prime Minister, Thokozani Khupe,

The Minister Of Water Resources, Development and Management, Hon. Sipepa
Nkomo

Cabinet Ministers here present,

His Worship, The Mayor of Harare, Muchadeyi Masunda,

Invited Guests, Ladies and Gentlemen

I am greatly honoured to address this important gathering of stakeholders at
the Harare Metropolitan Water Summit because water is the driving force of
all nature.

We meet here today a week after the commemoration of the World Water Day, an
international day to celebrate freshwater. The International World Water Day
is held annually on the 22nd of March as a means of focusing attention on
the importance of freshwater and advocating for the sustainable management
of freshwater resources. Each year, World Water Day highlights a specific
aspect of freshwater.

The theme of this year’s World Water Day is Water and Food Security.

The United Nations estimates that there are 7 billion people to feed on the
planet today and another 2 billion are expected to join by 2050. Statistics
say that each of us drinks from 2 to 4 litres of water every day and that is
why they say our bodies are molded rivers!

In marking the World Water Day, UN Secretary-General, Ban Ki-Moon, said over
the coming decades, feeding a growing global population and ensuring food
and nutrition security for all will depend on increasing food production.
This, in turn, means ensuring the sustainable use of our most critical
finite resource – water.

Ladies and Gentlemen, when we talk water, we are talking of agriculture,
food security, famine, and political stability.
Unless we increase our capacity to use water wisely in agriculture, we will
fail to end hunger and we will open the door to a range of other ills,
including drought, famine and political instability.

The need to guarantee food security through the provision of adequate fresh
water influences the objectives for the Harare Metropolitan Water Summit,
which include but are not limited to the provision of adequate potable
water, eradication of water related diseases, treatment of all wastewater to
acceptable standards and sustainable re-investment into the water and
wastewater infrastructure as revenue collection is optimised, among many
others.

Ladies and Gentlemen, the right to drinking water and sanitation is a
recognised human right.

In 2010, the United Nations General Assembly and the Human Rights Council
recognised the right to access drinking water and sanitation as a human
right on the same footing as other social rights such as the right to food
and the right to health.

Despite this international recognition, there is still much to be done:
every ten minutes, ten people including four children die of diseases
directly related to water. The time has come for the right to water and
sanitation be put into effect.

It pains me to note that there has been little or no significant investment
in water and wastewater infrastructure over the past 30 years. The existing
water and wastewater infrastructure countrywide is beyond its design life.
No significant upgrade and rehabilitation have been done to improve the
quality of water and to optimise water supply and sewage treatment. This has
compromised the provision of safe water to the people, mostly to Harare
residents.

The Food and Agriculture Organisation estimates that today some 1.6 billion
people live in countries or regions with absolute water scarcity and by 2025
two-thirds of the world’s population could be living under water stressed
conditions.

One primary reason for this is the necessary use of water for food
production. As mentioned earlier, the average human drinks 2 to 4 litres of
water every day, but it takes 2 000 to 5 000 litres of water to produce one
person’s daily food. ′

These statistics call us to seriously look into our infrastructure to
mitigate the effects of high demand for fresh water due to rising rural,
urban migration and general population growth.

Ladies and Gentlemen, the Harare Metropolitan Water Summit, is a forum for
us to formulate and strategise short, medium and
long-term solutions to the water problems bedeviling Harare.

That the City of Harare has managed to reinstate water supplies to areas
such as Mabvuku which had gone for months, if not years, without water is a
positive indicator that the current challenges are not insurmountable.

Here amongst us are leaders in Government, the private sector, development
partners and civic organizations who can help find lasting solutions to
these challenges if we all work together.

Working together means that we plan together, develop strategies and
implement together. As leaders we must lead by example.
By this I mean that we must take the initiative to encourage demand side
management for water: let us conserve water.

Secondly we must pay our bills. Refusal to pay for services provided is not
different from economic sabotage. Zimbabwe’s power sector has been seriously
compromised by the big chefs’ failure and outright refusal to pay their
electricity bills.

This cancer has however spread to almost all sectors of the economy. I am
aware of the huge water bills run by ministers and senior Government
officials. The worrying trend is that most of those who are refusing to
honour electricity bills also owe several thousands to Zinwa and local
councils.

They refuse to pay for water at their farms and their houses, owing huge
sums of money running into several hundreds of thousands, they refuse to pay
for electricity and they refuse to pay for literally anything. They have
institutionalised looting, but our society will not accept this.

It is a syndicate of economic saboteurs, a web of corruption which we must
nip in the bud.

The hullabaloo about bills having been released to the public and questions
of client confidentiality is much ado about nothing. It is hiding behind the
finger. Pay your bills and you will save the country.

Ladies and Gentlemen, I am appalled by those in high offices’ penchant for
free goods despite their opulence voluntarily displayed in a poor country
such as ours.

The sad thing is where an old widow, who is looking after several orphans
has her electricity and water disconnected for arrears of just as little as
$30, the big chefs enjoy these services all the time but still refuse to pay
up.

Load-shedding and water cuts are being forced on the people yet they are
paying their bills. We cannot continue with a situation where the poor are
subsidising the rich elite who include Cabinet ministers. Zimbabwe is for us
all and therefore let us all play our part.

Local authorities and parastatals are in need of funds to recapitalise and
improve service delivery but cannot succeed when we have some in high
offices refusing to pay for services rendered.
I trust everyone in arrears pays up. Some of them are harvesting their
tobacco and we urge ZESA and local authorities to garnish amounts owed to
them from their huge payouts.

Water and sanitation are now recognized as a human right. Because water
sustains life, is necessary for meeting reproductive roles (domestic chores,
drinking) productive roles such as livelihoods, community management when
there are gatherings and funerals there has been much attention towards
infrastructure development.

This water summit must also come up with strategies to help local
authorities, particularly Harare, to collect revenues owed to ensure
improved liquidity.

Ladies and Gentlemen, I now take this opportunity to officially launch the
Harare Public Awareness and Water Conservation Campaign, which the City of
Harare crafted with the support of the Development Bank of Southern Africa
(DBSA).

The City of Harare and its development partners will take this to the
residents to induce a change in our water usage habits towards increased
efficiency. It is encouraging to note that pilot projects carried out in
Dzivaresekwa had positive results.

If you save water, you have saved the nation.

I thank you.


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Court Watch 6/2012 OF 29th March [Constitutional Cases]

COURT WATCH 6/2012

[29th March 2012]

Constitutional Appeals to Supreme Court

Prosecutions Which Have Taken Too Long

Freedom of Expression Appeals

Compensation for Torture

1.  Prosecutions which have Taken too Long

Comment:  A disturbing trend has become apparent i n which the police or prosecutors revive what some lawyers are labelling “archive cases” – criminal cases dating back several years but previously dropped by police or prosecutors for various reasons.  Available figures show that this happens more frequently when the accused person is an MDC-T supporter.

Bringing an archive case before the court again is legally possible because in such a case the proceedings were stopped before plea – i.e. before the charge was formally put to the accused in court and his or her plea recorded by the judge or magistrate.  In such a case the accused is merely discharged, not acquitted – which means that he or she can legally be prosecuted at a later date.  Only an acquittal after plea prevents a person from being brought to court again for the same offence.  This means that although discharged from custody or released from remand, the accused person in an archive case is on paper liable to find himself back in court at any time for 20 years from the date of the alleged offence – or, where the charge is murder, indefinitely [the statutory limitation period for all offences, except murder, is 20 years – Criminal Procedure and Evidence Act, section 26].  That is why a magistrate discharging an accused person before plea often warns him or her that the State retains the right to revive the case. 

Bringing up an old case can, however, be unfair to the accused, depending on the circumstances.  Which is why the Constitution gives everyone charged with a criminal offence the right to be tried “within a reasonable time [Constitution, section 18]. 

A recent example: State v Tongai Matutu

In late July 2005 Tongai Matutu, now MDC-T MP for Masvingo Urban and Deputy Minister of Youth Empowerment, Indigenisation and Empowerment, was arrested on allegations that he had insulted and undermined President Mugabe by likening him to a dog and had incited people to turn against the government during a MDC party rally in Zaka, on 25th June 2005.  The charges were under POSA [this was before the Criminal Law Code came into force in 2006 and the POSA provisions were replaced by similar provisions in the Code].  Mr Matutu was released and the charges were not pursued.

It was nearly 6 years later, in May 2011, that police served Mr Matutu with a summons repeating the old charges and the case came up in the Gweru magistrates court in July 2011.   As all the State witnesses failed to show up, the magistrate postponed the case indefinitely.  In February 2012, Mr Matutu applied to the magistrate in terms of section 24(2) of the Constitution, asking for the case to be referred to the Supreme Court for a ruling that his constitutional right to trial within a reasonable time has been infringed and for a permanent stay of prosecution – which would mean that the State could never again resuscitate the case.

On 24th February the magistrate granted Mr Matutu’s application, so the case now stands referred to the Supreme Court.  It is unlikely to be heard by that court for some time, as it cannot be set down for hearing until the Supreme Court has received the transcript of the proceedings in the magistrates court. 

Comment: This is only one of many constitutional cases which have been referred to the Supreme Court but have not been dealt with because the necessary transcripts have not yet reached the Supreme Court.

2.  Freedom of Expression Cases: A Growing List

The MMPZ 3  This case – involving Media Monitoring Project of Zimbabwe personnel Gilbert Mabusa, Fadzai December and Molly Chimhanda – first hit the headlines in early December 2011 when they were arrested in Gwanda on allegations of spreading falsehoods undermining the President in contravention of section 33 of the Criminal Law Code, and convening a gathering contrary to POSA.  They were allowed bail of $50 by the magistrate, but the prosecutor immediately invoked section 121(3) of the Criminal Procedure and Evidence Act and they remained in custody while the Attorney-General appealed to the High Court in Bulawayo against the magistrate’s decision.  Hearing the appeal commendably swiftly, Justice Mathonsi dismissed it as “spectacularly devoid of merit” and the three were released.  But, they were still obliged to return to Gwanda every two weeks for remand.  In due course the State dropped the other charges, leaving only the charge of undermining the President.  On 8th February the magistrate granted an application by their lawyer Kossam Ncube for the issue of the constitutionality of section 33 of the Criminal Law Code to be referred to the Supreme Court for a ruling.  Mr Ncube argued that the section infringes the constitutional rights to freedom of expression and protection of the law, being couched in such wide and vague terms that it has a chilling effect on freedom of expression because it is not clear to people what they can and cannot say without courting arrest and prosecution.  The accused were then remanded, still on bail, to 30th April, by which date the magistrate, perhaps optimistically, said she expected to know the Supreme Court’s decision.

Like the Matutu case, this case has not yet been set down for hearing.  It joins a growing list of waiting Supreme Court cases raising the constitutional issue of freedom of expression, for example:

·        Standard editor Nevanji Madanhire and reporter Patience Nyangove

·        a second Standard case involving Mr Madanhire and reporter Nqaba Matshazi

·        MDC-T MP Lynette Karenyi [charge: insulting the President contrary to section 33 of the Criminal Law Code]

Comment:  Apart from record transcription problems, another factor contributing to delay could be that the Supreme Court would prefer not to hear these cases until it has delivered its long-awaited decision in the case in which Vincent Kahiya and Constantine Chimakure, who at the time were editor and political editor of the Independent, appealed on a similar constitutional issue of freedom of information.  This case has already been argued before a five-judge Supreme Court bench in June 2010. 

Pishai Muchauraya MP  Hon Muchauraya also has an application waiting for attention by the Supreme Court.  In 2010 he was summoned to Murambinda magistrates court to answer a charge of undermining the President’s authority, contrary to section 33 of the Criminal Law Code, by references to the President’s advanced age and state of health.  The magistrate in due course dismissed an application for the case to be referred to the Supreme Court for a ruling on the constitutionality of section 33.  Feeling that the magistrate had erred, his lawyers then lodged an application in the Supreme Court for the reversal of the magistrate’s decision.  The hearing of that application has so far been delayed in deference to a State request for more time, but Hon Muchauraya’s lawyers have said they will now apply to have the matter set down for early hearing.  As the Supreme Court vacation is imminent, no hearing can be expected before May at the earliest.

Comment: The prolonged absence of an authoritative, up-to-date Supreme Court pronouncement on these freedom of expression cases has an adverse effect on this fundamental right.  It means that, with elections ahead, politicians and ordinary citizens remain uncertain about what they can and cannot safely say about the leader of one of the political parties, because he is also the head of State.  As lawyer Kossam Ncube explained when asking for the MMPZ 3 case to be referred to the Supreme Court, in the present situation it is left to the subjective evaluation of law enforcement agents to decide what statements are acceptable, and this has “a chilling effect as it muzzles even genuine hard hitting criticism of the President.”  This means that the section effectively shields the President from any kind of scrutiny and seeks to create a situation whereby only good things must be said about him lest someone invites the wrath of the law.

3.  Claim for Compensation for Torture

A former soldier, Wilfred Jaure, has brought a case in the Supreme Court seeking an award of $1.5 million as compensation for unjust imprisonment and torture he alleges he underwent during 277 days of confinement in 2008-2009 while he was held in an army detention barracks designated for convicted offenders.  The defendants cited are Minister of Defence Emerson Mnangagwa, in his official capacity representing the Government, and, in their personal capacities, Lieutenant Huni of Army Headquarters and Warrant Officer Class 1 Muzira of the Army Counter-Intelligence Unit, who, Mr Jaure says, both viciously tortured him during his detention.

Mr Jaure, then a sergeant in the Army’s Commando Regiment, was detained by the Army Counter-Intelligence Unit in 2008 on suspicion of involvement in providing classified information to an enemy – an accusation he denies.  He effectively became a “disappeared” person until freed 277 days later, as his family did not know where he was or even if he was still alive.  He was never charged with or tried by court-martial for any offence.

The Court papers filed in the Supreme Court on 6th March on his behalf say he was suddenly released without explanation on April 28, 2009 and demoted.  [Thereafter, he resigned from the force in September 2009.]  In his affidavit in the application, Mr Jaure explains the direct approach to the Supreme Court as follows: “Torture is a very serious transgression and cannot be equated to assault for which a victim can claim normal delictual compensation ... serious enough to warrant this honourable court to fashion the remedy of constitutional damages in terms of its powers outlined in section 24 (4) of the Constitution.”

Comment: What is different about this case is that it is a direct application to the Supreme Court for compensation for conduct in breach of the Declaration of Rights in the Constitution, probably the first of its kind.  This distinguishes it from the cases of other torture claimants, who have taken action for damages in the High Court – notably Jestina Mukoko, who only went to the Supreme Court for, and was granted, a declaration confirming the unconstitutionality of the mistreatment to which she was subjected when abducted and detained in 2008.  Subsequently she brought proceedings for compensation in the High Court – proceedings which have not yet come to trial. 

 

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