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.”
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.
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.
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
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.
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.
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.
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.
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.”
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.
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.
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.
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.
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!”
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.
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
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
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.
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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