Zimbabwe court orders release of Bennett

http://www.swradioafrica.com

By Violet Gonda
3 March 2009

High Court Judge Tedious Karwi has thrown out the State's application for
leave to appeal and ordered the immediate release of MDC official Roy
Bennett. This may now happen on Wednesday.

Last Tuesday the judge granted Bennett bail of US$2 000, told him to
surrender his travel documents and report twice a week to Harare Central
police's Law and Order section, but the State opposed this.

The State was given seven days to lodge an application for leave to appeal
and that matter was heard on Tuesday. Defence Lawyer Beatrice Mtetwa said
the State came back arguing for more stringent bail condition.

She told SW Radio Africa: "They were proposing that instead of US$2 000, it
should be US$5 000. Instead of reporting twice a week, he should be
reporting everyday and that there should be a 40km radius condition
 imposed." Mtetwa said the Attorney General's office also had a problem with
Prime Minister Morgan Tsvangirai standing as surety for Bennett's bail
application.

However the judge dismissed the State's bid to appeal and said the
conditions he imposed last Tuesday were fair.

Mtetwa said this means that if the State does not interfere and frustrate
the process, Bennett would be a free man on Wednesday, after he appears in
the magistrates' court in Mutare. She said the release of a person in
custody is an involved process in terms of paperwork. But she hoped the
paperwork would be worked on and brought before the magistrate's court on
Wednesday morning.

However the defence team representing the jailed MDC Treasurer General and
Deputy Minister of Agriculture designate, have expressed concern that State
authorities are already trying to complicate and frustrate their client's
release.

Mtetwa said: "We have been told that they are thinking of ensuring that the
policeman who has his passport becomes unavailable so that the passport is
not lodged with the clerk of court, which will result in him not being
released."

The MDC official was arrested two weeks ago at Charles Prince airport, on
his way to South Africa where he had been living in exile since 2006. He is
being charged with the illegal possession of firearms for purposes of
committing banditry, terrorism, insurgency and sabotage.

The MDC says: "It remains our well considered view that the charges against
Roy Bennett are scandalous, frivolous and vexatious at law, in that they are
driven by a vindictive and malicious political vendetta against Roy
 Bennett."

Meanwhile, the incarceration of the MDC Treasurer General has exposed the
alarming and shocking prison conditions facing all inmates in Mutare remand
Prison. Mutare Mayor Brian James, who has been visiting Bennett regularly,
said the prison is not fit for human habitation and that more than a dozen
inmates have died since Bennett was thrown into jail two weeks ago.

The Mayor visited him on Tuesday and said the body of a fellow prisoner who
died on Saturday is still lying in the laundry room at the prison.

Prisoners are not getting medical attention and starvation is widespread.
Like all prisons countrywide it is extremely overcrowded. It has a capacity
of about 160 inmates, but is currently holding at least 300.
MDC officials have said Bennett is being held in the D-Class section of the
jail that houses dangerous criminals. But Bennett is said to be in good
spirits and has become quite popular with inmates, helping to raise
awareness about conditions within the prisons.
One prisoner in particular has much to thank the MDC official for. Elvis
Nodangala, a South African, was arrested on October 3rd last year and had
yet to be charged or appear in court. The MDC information department said:
"At the time of his arrest, he had a broken arm. For the five months or so
he has been in prison, he has not received medical attention, and his fellow
inmate, Roy Bennett is worried that gangrene may have set in."
It's reported Bennett has raised the plight of the South African with the
prison authorities and there is indication Nodangala may also be released on
Wednesday.

Tsvangirai takes oath as leader of government in Parliament

http://www.swradioafrica.com

By Tichaona Sibanda
3 March 2009

Prime Minister Morgan Tsvangirai was on Tuesday sworn in as a Member of
Parliament, effectively making him the leader of government business in the
House of Assembly.

The hour long swearing in ceremony was celebrated with much pomp and fanfare
by parliamentarians from opposing sides. Deputy Prime Minister Arthur
Mutambara and Minister of State in the Prime Minister's Office Gorden Moyo,
were also sworn in at a ceremony presided over by the speaker of Parliament,
Lovemore Moyo.

This was the last of the ceremonies under the Global Political Agreement
that cements Tsvangirai's position in the inclusive government. The first
was his swearing in as the Prime Minister two weeks ago.

According to the agreement those appointed to the posts of Vice President,
Prime Minister and Deputy Prime Minister, and are not MP's, become
ex-officio members of the House of Assembly.

A statement released by the Prime Minister's office said Tsvangirai would
deliver his maiden speech in Parliament on Wednesday. It's expected he will
use this opportunity to outline government plans for the coming year. MDC MP
for Makoni central John Nyamande, told us there was euphoria and excitement
in the House of Assembly as the MDC President took the oath of parliament.

Interestingly, Johannes Tomana, the ZANU PF appointed attorney general was
also sworn as an ex-officio member of parliament. The swearing in of Tomana
also buttresses his position in the government following several protests
from the MDC that his appointment was done against the spirit of the GPA.
The MDC want his appointment reversed, together with that of Gideon Gono,
the Reserve Bank Governor.

'Tomana had a day to forget in parliament. MPs from ZANU PF just gave him a
cold shoulder while those from the MDC jeered and booed when he took his
oath. You could see he was uncomfortable during the ceremony while
Tsvangirai and Mutambara were upbeat,' according to Nyamande.
Tomana is apparently very unpopular in ZANU PF and government circles.

Mnangagwa's name linked to diamonds

http://www.thezimbabwetimes.com/?p=12707

March 3, 2009

By Our Correspondent

HARARE - The name of Zanu PF strongman, Emerson Mnangagwa, has been linked
to a notorious syndicate that is involved in the illicit trade of diamonds
in the eastern border city of Mutare.

Mnangagwa, a close confidante of President Robert Mugabe, who for long has
been touted as one of his likely successors, was recently appointed to the
powerful post of Defence Minister in a power-sharing government with the two
Movement for Democratic Change political parties.

His alleged involvement in the illicit trade in diamonds came to light
following the arrest and interrogation of a Mutare-based so-called diamond
mogul, Tendai Makurumidze.

Makumidze was part of a syndicate that included senior police officers and
wealthy foreign buyers from countries as far afield as Lebanon, Belgium, and
Israel as well as in West Africa.

He reportedly told officers from the police, army and the Central
Intelligence Organisation (CIO) that he received up to one million United
States Dollars from Mnangagwa to buy the precious gems.

Makurumidze allegedly colluded with police officers, who allowed him free
access in and out of the protected Chiadzwa diamond fields.

He was arrested during a recent combined crackdown involving the police,
army and the CIO.

Sources within the police revealed this week that Makurumidze reportedly
implicated Mnangagwa after he was assaulted during interrogation and taken
back to the diamond fields where he was made to fill up the gullies created
through the illegal mining.

"He revealed that he was given money by Mnangagwa to buy the stones on his
behalf," said one source. "When he made it known that the money he was using
to buy the diamonds had been made available to him by the Minister we were
all shocked.

"From then the matter was handled with much caution."

Makurumidze had been hastily brought to the magistrate courts' in Mutare
where he was charged with money laundering and released after he paid an
admission of guilt fine. The case died on that note.

During the court proceedings no mention was made of Mnangagwa, reputed to be
one of Zimbabwe's wealthiest citizens, or the source of Makurumidze's funds.

"The hype that was created after Makurumidze's arrest immediately died
 down," said the source.

This is not the first time Mnangagwa has been linked to illicit trade in
diamonds. During the war in the Democratic Republic of Congo (DRC) he was
named by a United Nations panel as one of the individuals who plundered the
natural resources, especially diamonds, of the war-torn central African
country. He is on record as denying the allegations.

Zimbabwe deployed thousands of combat troops and jet fighters to prop up the
faltering regime of the now late Laurent Kabila which was under siege from
rebels backed by Rwanda and Uganda.

There was an international outcry that the natural resources, especially
diamonds, timber and cobalt, of the DRC were being plundered by certain
individuals and countries involved in the war.

This prompted the United Nations to set up a special panel to investigate
the reports. The investigating team named Mnangagwa together with other
prominent individuals as the major plunderers.

It could not be established whether Mnangagwa still backs Makurumidze, who
police sources say is back in business trading diamonds illegally, albeit
more discreetly now.

In the city of Mutare Makurumidze, popularly known as Gonyeti (Shona slang
for 18-wheeler truck), is a classic case of one rising from the proverbial
rags to riches. In his case this appears to have happened within a few
months. He is said to have amassed wealth that runs into millions of United
States dollars.

The diamond fields have now been sealed off by armed soldiers. The military
has now acquired notoriety for assaulting, even to death, anyone found
within the fields. A Mutare businessman, Maxwell Mabota, died early this
year after he was beaten up by soldiers who had arrested him within the
fields.

Many other individuals have been severely assaulted after being caught
within the parameters of the diamond fields.

There are, however, reports that the military have themselves now taken to
illegally mining and trading in the precious stones.

WOZA activists released on bail

http://www.swradioafrica.com

By Violet Gonda
3 March 2009

Five WOZA activists who were arrested last week were finally released on
bail on Monday, after spending six days in police custody. WOZA released a
statement saying the individuals were released on US$50 bail each and
remanded out of custody to March 19th.

They were arrested last Wednesday in Harare during a peaceful march to the
government buildings for an official meeting with David Coltart, the new
Education Minister.

The pressure group's statement said: "WOZA would like to salute the courage
and determination of these parents in enduring beatings, arrest and
detention in horrific conditions to ensure that their concerns about their
children's education were brought to the attention of the Minister of
Education."

"The extended and unlawful detention, the extortionate bail demanded and the
reporting conditions imposed, also show that the inception of a unity
government has done nothing to change the way democracy and social justice
activists are treated by a hostile and repressive state."

89 MDC supporters still in custody in Nyanga

http://www.swradioafrica.com

By Violet Gonda
3 March 2009

150 MDC supporters were rounded up during a door to door raid in ward
2 -Avilla village, in Nyanga on Friday. Pishai Muchauraya, the MDC MP for
Makoni South and spokesperson for Manicaland province, said they were
arrested after they had gone to reclaim their livestock, taken during the
one-man Presidential run off in June last year.

Some of the arrested were immediately released because of poor health, or
because they were elderly or young children. However 89 people have spent
five days in police custody. They were due to appear in court on Tuesday.

Muchauraya said the irony of the arrests is that the police have so far done
nothing to help the people who had their properties destroyed or looted by
ZANU PF supporters during the controversial election. The victims are now
arrested for trying to reclaim their belongings.
What is happening in Nyanga is what happened in Mbare two weeks ago, where
clashes broke out between MDC and ZANU PF supporters. 13 MDC supporters were
arrested when they attempted to reclaim homes and property taken from them
during the election period. Five people are still in custody.
An observer said this is an example of the lawlessness created by Robert
Mugabe. People cannot turn to the police for assistance and they have no
alternative access to justice. For the supporters of Zanu PF it is still a
free for all but for MDC supporters there is no redress. If they try and
take back what is theirs, they are arrested.

High court grants bail to eight MDC activists from Mbare

http://www.swradioafrica.com

By Tichaona Sibanda
3 March 2009

A High court judge in Harare has granted bail to eight of the 13 MDC
activists arrested two weeks ago in Mbare, following disturbances involving
ZANU PF supporters.

Piniel Denga, the MDC MP for Mbare, told us five of their activists
including Friday Muleya, their ward 4 councillor, still remain in police
custody. The eight released on Tuesday were granted Z$1000 bail each.

'Five of our activists were denied bail but another date has been set for
another bail hearing. That date has been set for the 9th March,' Denga said.
The MDC supporters were arrested after violence erupted between them and
ZANU PF supporters, when they attempted to reclaim homes and property taken
from them during last year's turbulent election period.
Denga explained that the MDC supporters had gone back to their homes to
confront the new occupants and had attempted to reclaim what was rightfully
theirs.
He said that at the height of the volatile electioneering period last year,
scores of known MDC supporters were evicted from municipal accommodation.
The houses were then given to ZANU PF supporters.
Following the disturbances several people, including some from ZANU PF were
arrested. Denga however complained that almost all known ZANU PF supporters
were bailed out, leaving only MDC supporters in custody.
The MDC MP reiterated that the case should be seen as a test of the
country's judicial reform, following the formation of the inclusive
government. He repeated his accusation that law officers and magistrates
were dealing harshly with MDC supporters, while treating ZANU PF supporters
with kid gloves.

Teachers fail to return to work

http://www.swradioafrica.com

By Alex Bell
03 March 2009

Many teachers have yet to return to work after the academic year was finally
set to get underway on Monday, because of the fact that a number of them
were unable to cash government vouchers that were issued to bring the
teachers strike to an end.

Teachers were set to resume their duties after striking an informal deal
with the new education ministry, which now has Senator David Coltart at its
helm. An almost year-long strike by teachers over salaries and working
conditions has contributed to the collapse of the education system, to such
an extent that the start of the 2009 academic year has been repeatedly
postponed. Teachers had been holding out for monthly salaries of US$2000 but
after the Finance Ministry agreed to pacify civil servants with redeemable
vouchers worth US$100 each, teachers unions informally agreed to end the
strike.

The ministry was forced to make the concession to civil servants following
an undeliverable promise by Morgan Tsvangirai to pay all civil servants in
foreign cash by the end of February. The Prime Minister made the promise
during his inauguration speech last month and pressure had been building for
the government to make good on the vow. But the plan to provide redeemable
vouchers has proved problematic, with many teachers not being able to cash
vouchers at participating banks and shops.

The demand for foreign cash has grown significantly after the total collapse
and subsequent dollarisation of the economy saw the local dollar become
completely worthless. The agreement to give civil servants redeemable
vouchers, on top of their usual local-currency salaries, had been greeted
with caution and concern and there have since been some hitches in the
program.   Banks are reportedly running out of cash to honor the vouchers,
while at the same time many civil servants, including teachers working in
the country's rural areas, have also had trouble reaching financial
institutions to cash the vouchers, which are said to be good for cash and
goods.
The Progressive Teachers Union of Zimbabwe said about half of its members,
mostly in schools in cities and towns, reported for duty on Monday, whereas
many in rural areas stayed home as they did not have money for transport
costs. At the same time the Zimbabwe Teachers Association has said most of
his members have not been able to cash the vouchers and have stayed home.

Daily cholera update and alerts, 02 Mar 2009

 Full_Report (pdf* format - 146.8 Kbytes)

* Please note that daily information collection is a challenge due to communication and staff constraints. On-going data cleaning may result in an increase or decrease in the numbers. Any change will then be explained.

** Daily information on new deaths should not imply that these deaths occurred in cases reported that day. Therefore daily CFRs >100% may occasionally result

A. Highlights of the day:

- 1 569 cases and 12 deaths added today (in comparison 151 cases and 3 deaths yesterday)

- 71.2 % of the districts affected have reported today (42 out of 59 affected districts)

- 90.3 % of districts reported to be affected (56 districts/62)

- Cumulative Institutional Case Fatality Rate 1.8.%

- Daily Institutional Case Fatality Rate 0.6 %

- Denotifications: Mutasa 2 cases, Chipinge 2 deaths

- Reclassification of deaths in Makonde( 1 death moved from community to institutional)

Zimbabwe cholera cases could double - doctors

http://www.iol.co.za

    Sapa- DPA
    March 03 2009 at 07:04PM

Harare - Medical experts have forecast that a worst-case scenario in
Zimbabwe's rampaging cholera epidemic could see earlier predictions double
to 123 000 cases and go beyond May this year.

Just over a week ago, according to the Zimbabwean Association of Doctors for
Human Rights (ZADHR), the epidemic passed Africa's worst, in Angola in 2007,
when over 82 000 people were infected with the highly infectious water-borne
disease and 3 204 died.

Late last year the World Health Organisation estimated that the worst-case
figure could reach 60 000 cases, a level passed already in January.

By Friday last week the WHO had recorded 84 027 cases, with 3 894 deaths
recorded in Zimbabwe. The rate of fatalities had reached 4.6 percent, nearly
five times what the WHO regards as "acceptable."

The Cholera Command and Control Centre, comprising officials from the WHO,
the Zimbabwe health ministry and aid agencies involved in combatting the
epidemic, early last month forecast up to 92 000 infections.

But, according to ZADHR, the continuing rapid increase in cases and
still-collapsed state of the health, water and sanitation systems meant "the
worst-case scenario of 122 945 seems likely to occur if drastic improvements
... are not made immediately."

Fighting the epidemic has become one of the most urgent tasks of the
18-day-old coalition government between President Robert Mugabe'a Zanu-PF
party and new prime minister Morgan Tsvangirai's Movement for Democratic
Change.

The outbreak of the disease in August was triggered by the simultaneous
breakdown of water supply, sanitation and refuse collection services in
crowded townships.

"Warnings ... of an impending major cholera outbreak went unheeded," the
doctors association found.

It took Mugabe's government four months to declare the disease a national
emergency.

In recent weeks, aid agencies have significantly reduced the number of cases
in urban areas but the outbreak is continuing to make inroads into rural
areas and into the country's river system.

The number of people dying at home, with no access to healthcare and little
money for basic rehydration products such as sugar and salt, is now at 60
percent.

Last week, top WHO official Daniel Acuna said that a massive effort by aid
agencies might bring the epidemic "to a reasonable pattern of control"
within three weeks. "This is a big if," he warned.

"If we don't make that push, we may continue to seeing this for many more
weeks, and have an absolutely avoidable toll of people who could be living
healthy lives." - Sapa-dpa

30 strains of cholera as death toll approaches 4,000

Photo: ReliefWeb

JOHANNESBURG , 3 March 2009 (IRIN) - A specialist team dispatched to Zimbabwe under the auspices of the World Health Organisation (WHO) has discovered 30 cholera strains in a country blighted by the waterborne disease.

From the start of the outbreak in August 2008 and up until 1 March 2009, cholera has claimed the lives of 3,939 people, infected 85,300, and has been reported in all the country's 10 provinces and 55 of its 62 districts.

The International Centre for Diarrhoeal Disease Research (ICDDR), based in the Bangladesh capital, Dhaka, found that in one of its 16 Zimbabwean test sites, all water sources - borehole, tap water, drain water, and shallow wells - in Budiriro, a working-class district in the capital, Harare, were contaminated by cholera.

"It was found that all the water sources that have been sampled were heavily contaminated with total coliforms, and some of them were also contaminated with faecal coliforms. The interesting finding is that the borehole was also contaminated with faecal coliforms," the ICDDR said in its preliminary report.

"The count of total coliform in 100ml of water is too numerous to count and the faecal coliform count was 26/100ml, which is many times higher than the WHO recommended level."

Coliforms are a large group of bacteria found in the intestinal tracts of mammals and are often an indicator of the presence of disease; WHO guidelines stipulate that drinking water should not contain a single coliform.

In Budiriro, as of 28 February, 196 cholera deaths and 8,154 cases - nearly one-tenth of all cholera cases in Zimbabwe so far - had been reported.

The highest number of deaths at a specific site so far, according to the WHO, has been at the Beatrice Road Infectious Diseases Hospital, a government clinic near the sprawling Harare township of Mbare, where 265 people have died and 5,135 cases have been reported.

During the investigations in January 2009 by the ICDDR at sites across the country, from Harare to the second city of Bulawayo in the southwest, to Mutare in the east and in other rural locations, "a total of 30 [cholera] strains were isolated," the report said.

Shortage of medical skills

"The whole aquatic environment seems to be heavily contaminated, and environmental intervention is essential," said the ICDDR, which was established in 1978 and is credited with developing oral rehydration therapy for treating diarrhoeal diseases, including cholera.

The whole aquatic environment seems to be heavily contaminated, and environmental intervention is essential

The report said there were an "inadequate" number of skilled health care personnel, such as physicians, nurses and paramedics, "in most of the health facilities", and in "one CTC [cholera treatment centre], in the absence of ORS [oral rehydration salts], IV [intravenous] fluid was administered orally".

"However, the sense of urgency in handling of patients with severe dehydration was not always evident ... In some cases, intravenous lines were not removed even after full correction of dehydration. However, no cases of over-hydration were observed," the report said.

"The use of ORS was not up to the mark, and there was a clear tendency of over-reliance on IV fluids. Inadequate promotion of ORS was a common observation," the ICDDR noted.

"Insufficient attention was paid to health education and delivering key health messages (e.g. importance of using safe water, hand-washing, or correct way of disposal of faeces) to patients or their families during their stay in the health centres."

The visiting physicians commended the "positive attitude" of the health care personnel, "considering the paucity of human resources, limited training in diarrhoea management, and insufficient preparedness".

The effects of Zimbabwe's food shortages – 7 million people are dependent on food aid - and the country's economic collapse was seen in food availability for both patients and staff, and the challenges associated with sourcing fuel for motor vehicles.

ZBH Pays Workers With Mealie-Meal

http://www.radiovop.com

HARARE, March 3 2009 - Zimbabwe Broadcasting Holdings (ZBH) has paid
its  workers with mealie-meal after failing to raise foreign currency from
viewers and  listeners because of continued poor programming which has
chased away potential advertisers, RadioVOP has established.

The state controlled broadcaster which last month advised its workers
of its inability to pay them in foreign currency has given all workers a
25kg bag of mealie- meal as part of their salaries, while promising to give
them hard currency if listeners and viewers pay license fees.

Sources in the ZBC News department confirmed receiving mealie-meal as
part of their salaries.

"We were given a 25kg of mealie meal per each worker pending hard
currency whose date has not been given. We are disappointed about this
development because we need foreign currency to pay for our rentals among
other basic commodities" said one reporter who declined to be named.

Efforts to get an official comment were fruitless as the company's
Public Relations manager Sivhukile Simango's mobile was not reachable.

The state controlled broadcaster is struggling to raise foreign
currency from advertisers and has since resorted to exchanging airtime with
commodities like toilet tissues and fuel in some cases.

George Charamba faces chop

http://www.zimbabwemetro.com

Local News
March 3, 2009 | By Simba Dzvairo
President Robert Mugabe's Spokesman George Charamba could face the chop
under a new formula to allocate the Permanent secretary positions. Under the
same formula which was used to allocate deputy ministerial positions if the
Minister belongs to ZANU PF the MDC will appoint the Permanent secretary and
vice versa.

Charamba is the Permanent secretary in the Ministry of Information and
Publicity whose Minister is Webster Shamu from ZANU PF.

News of Charamba's departure would likely be treated with joy within the MDC
ranks as he has already ruffled feathers in the all inclusive government.

Sources allege that Charamba colluded with Cabinet secretary Misheck Sibanda
firstly to try and clandestinely swear in more ministers than originally
agreed by the parties. Charamba reportedly masterminded the unilateral
appointment of permanent secretaries in violation of power-sharing
agreement.

Charamba is also accused of trying to wrestle control of the
telecommunications department from the Ministry of Communications to fall
under the Ministry of Information & Publicity.

Last week at the Net One headquarters Shamu reportedly told Communications
Minister Nelson Chamisa to seek an audience with Charamba to resolve the
dramatic conflict between Media, Information and Publicity and Information &
Communications Technology over the telecommunications sector.

Shamu reportedly admitted that telecommunications was clearly outside his
Jurisdiction but said he was following instructions. He further stated that
he was tired of being used when there was so much work to do in his own
ministry.

Another well placed source in the Ministry of Information has revealed that
Charamba,who is also Mugabe's speechwriter advised the president to assert
his authority in a speech delivered on his birthday in which he vowed to
seize more farms.

Charamba's actions have prompted a senior Prime Minister's aide to call for
his resignation as his actions are threatening the unity government, "The
prime minister and his deputy are going to tell Mugabe that if he is
genuinely interested in an inclusive government, he has to either transfer
the civil servants to less influential jobs or fire them. Last week, the
prime minister spoke about the need for the country to stop land invasions,
only for Mugabe to come out in public and say land invasions would
 continue," said the aide.

"As long as Mugabe listens to these civil servants, who happen to be his
advisers, then we are going nowhere with the unity government. "Mugabe's
language at his birthday bash is clear testimony that he is being used by
some unscrupulous people who are against change in government," the aide
said.

Last week Charamba was forced to drop his weekly column written under the
pseudonym 'Nathaniel Manheru' in The Herald after he learnt that Joint
Monitoring and Implementation Committee (JOMIC) - established under the
framework of the inclusive Government was going to issue an statement
demanding that the column and all other 'biased and inflammatory reporting'
to stop.

Nkomo escalates farm battle

From The Financial Gazette, 2 March

Bulawayo - Zanu PF national chairman John Nkomo has gone "judge shopping" as
he tries to evict Bulawayo businessman Langton Masunda from Jijima Lodge in
the Gwayi safari area in Lupane. The battle, which is nearly five years old,
is now before its fourth High Court judge. Nkomo has lost two rounds and won
one by default. Nkomo is trying to kick out Masunda from Jijima Lodge
because he claims it is on his land. Masunda argues that he developed the
lodge after being told by government officials that it was on the piece of
land that he was allocated. The case is also testimony of the chaotic
situation in the land allocation system because Masunda was allocated a
subdivision of a piece of land that covers three farms. The land that was
allocated to Masunda and that allocated to Nkomo, though in effect four
separate farms, was previously owned by one family and was run as one
entity.

Two Bulawayo judges have issued orders that Masunda should remain on the
farm and have barred Nkomo from interfering with Masunda's operations. The
first order was issued by Justice Nicholas Ndou. Nkomo, who was Speaker of
Parliament, used his influence to get the Minister of Lands, Didymus Mutasa,
to withdraw Masunda's offer letter but Masunda challenged the withdrawal in
court and won the case in July 2006 before Justice Francis Bere. The case
was brought before Judge President Rita Makarau in November last year. It is
not clear why the case was moved from Bulawayo to Harare. Another
complication was that while cases in the High Court are normally heard at
10am, the hearing in this case was set at 9am. Masunda and his lawyer Vonani
Majoko missed the court session by 30 minutes though they were in Harare and
judgment was issued in favour of Nkomo on November 13.

Though Masunda filed papers appealing against the default judgment Nkomo
went ahead to evict Masunda from Jijima Lodge on December 19. A messenger of
court threw out Masunda's property and left it out in the open except for a
refrigerator which he allegedly took as payment for his services. Masunda
also claims that the messenger of court removed furniture from 18 lodges and
dumped it outside his two bedroomed house. Nkomo says if Masunda does not
want to vacate Jijima Lodge because he has made costly improvements, the
remedy is to sue for compensation after leaving the lodge. Masunda's lawyers
argue that Nkomo is taking advantage of his political position because both
Nkomo and Masunda were allocated land by the government. If anyone is in
breach, it should be the government as the landlord that should evict
Masunda and not Nkomo. The case is now before Justice Chinembiri Bhunu.

Price of corruption

http://www.businessday.co.za

 03 March 2009

Huge sums of money are being spoken about regarding how much Zimbabwe needs
to function and for reconstruction. The history of corruption on the part of
President Robert Mugabe and his cohorts has to be taken into account. Also,
the Movement for Democratic Change people are potentially new pigs coming to
the trough.

The availability of monies from the rest of Africa and from the west should
be proportional to the amount of security that is provided regarding its
disbursement and the certainty that the money will reach the people who need
it, and will create real infrastructure, instead of disappearing down the
maws of Swiss bankers.

There is a very simple solution to this problem - disable the capability of
the Zimbabwean Reserve Bank and the finance ministry to handle payments
themselves, and give that function to an independent international trust
fund (IITF), administered by a body such as PricewaterhouseCoopers. The
ministries create electronic payment lists, these are approved and modified
by the finance ministry and are passed to the IITF for payment. The IITF
uses a banking system such as CABS (a foreign-owned Zimbabwean Bank) to
effect payment to individuals and companies. If and when the IITF is
requested to make large payments to "RG Mugabe" or to "Grace Marufu Mugabe"
or any other recognised white-collar criminal, then they will be under
instruction to refuse and to bring the matter to the public .

Every payment and their aggregated monthly, quarterly and annual totals can
and should be displayed on a website that is open to the world. And the
national ID number and passport of every payee must also be listed against
each payment. Where payment is to a company, then the company finances must
also be treated in the same fashion. That will be the price of doing
business with the public sector in Zimbabwe.

Alex Weir

Harare

How to rule in 2009