The Zimbabwe Situation

Sokwanele - Enough is Enough - Zimbabwe
PROMOTING NON-VIOLENT PRINCIPLES TO ACHIEVE DEMOCRACY

PM launches ‘Yes Vote’ campaign

http://www.dailynews.co.zw

Sunday, 03 March 2013 13:53
GWERU - Heavy rains could not deter Prime Minister Morgan Tsvangirai’s
launch of a “Yes Vote” campaign for the constitutional referendum scheduled
for March 16.

Amidst a mid-afternoon downpour at Mkoba Stadium, MDC leader Tsvangirai said
people should go in their numbers and vote for the draft constitution.

“We are here to launch the ‘Yes Vote’ campaign to the people of Gweru. The
constitution draft is a victory for the people. Now you should go back to
your communities and urge people to vote for the draft,” he said.

Speaking at the rally, Copac co-chair and the party’s spokesperson Douglas
Mwonzora said the new constitution is the passage to free and fair elections
while reserving special praise to the Copac select team.

“In 1978, during the Muzorewa era, they wrote a constitution for Southern
Rhodesia-Zimbabwe, that paved way for them to rule, before Mugabe came. They
went and wrote the Lancaster Constitution and that set the stage for them to
rule.

“This year, a new Copac constitution is coming in and by the end of the
year, Save vari kuzotonga.
“When you go to vote remember, this constitution is the door and key to
freedom. History repeats itself.
“For us to rule, we start with a new constitution,” he said.

Addressing thousands of party supporters at the rally, MDC secretary-general
and Finance minister Tendai Biti said Zimbabweans should defend the new
constitution because the preamble of the constitution was to put God first.

“Today (yesterday), is a historic day; we came with our president to launch
the ‘Yes Vote campaign. The most important thing in this constitution is the
preamble that we put God first."

“As the MDC we are now 13 years old, and without the power of the Lord we
wouldn’t be here, that preamble alone belongs to the MDC,” he said. - Alwyn
Mabehla

Downpour washes away MDC-T “Yes Vote” campaign

http://www.thezimbabwean.co.uk/

03.03.13

by Brenna Matendere

Heavy rains on Saturday stopped the MDC-T provincial launch of the party’s
“Yes Vote” campaign for the Copac constitutional draft at Gweru’s Mkoba
stadium.

Just after 2pm, a heavy downpour disrupted MDC-T Secretary General Tendai
Biti’s speech that was supposed to set the stage for the party President,
Morgan Tsvangirai, who was billed for the keynote address.

The rains lasted close to 90 minutes and party officials decided to postpone
the launch.

Zimbabwe goes to a referendum on 16 March to vote on the draft constitution
that the three main parties—MDC-T, Zanu (PF) and MDC-N—have already
endorsed.

During his speech, Biti described the proposed establishment of provincial
councils as the largest factors why Zimbabweans should support the draft.

“Gone will be the days when all things will be decided in Harare. The
provincial councils which will be made up of 10 people (in each

province) led by a chairperson will ensure devolution of power, itself a
stepping stone towards economic development in the provinces,” he said.

Biti, who is also the Finance Minister in the Government of National Unity
set up in 2009, urged Zimbabweans to rally behind the proposed new
constitution for positive political change.

Jameson Tsuro, the Midlands South MDC-T spokesperson said the huge turnout
for the launch was testimony of people’s enthusiasm to endorse the draft.

“The people braved the rains because they wanted to show their support for
the new constitution. They also wanted to hear from PM Tsvangirai how the
future is going to be shaped,” he said.

Last week the party’s National Chairman and Speaker of Parliament, Lovemore
Moyo, formally presented the document to the people of Zvishavane district
in the same province pending the provincial launch.

It was not immediately clear when the “Yes Vote” launch would be consummated
in the Midlands province.

‘Selfish JZ allowed Mugabe to kill SADC Tribunal’

http://www.iol.co.za

March 3 2013 at 02:22pm
By Peter Fabricius

The former Chief Justice of the disbanded Southern African Development
Community (SADC) Tribunal has accused President Jacob Zuma of “selfishly”
standing back and letting Zimbabwe President Robert Mugabe kill the tribunal
because it ruled against him on his anarchic land grabs.

Judge Ariranga Pillay said South Africa could have used its power as the
SADC’s largest state and its “moral authority” to prevent the tribunal being
emasculated. He was speaking at a seminar in Pretoria organised by the
University of Pretoria’s Department of Political Sciences and the South
African Foreign Policy Initiative.

Pillay described how Zuma and other SADC leaders had effectively killed off
the tribunal at Mugabe’s behest at summits in August 2011 and August 2012,
both of which Zuma attended.

He said they dissolved it because the tribunal had ruled in 2007 and 2008
that the Zimbabwe government’s seizure of the farm of white farmer Mike
Campbell without compensation was racist and unlawful and had violated the
SADC Treaty because he had been denied the right to complain to the Zimbabwe
courts.

Pillay said it was ironic that Mugabe had been one of the SADC leaders who
had originally established the tribunal to ensure the adherence of member
states to the SADC Treaty, including its Article 4, which obliges them “to
act in accordance with human rights, democracy and the rule of law”.

It was this article which the tribunal invoked when it ruled against the
Zimbabwe government, Pillay said.

Mugabe rejected the tribunal’s rulings and its jurisdiction and raised his
objections at SADC summits. The 2010 summit suspended the tribunal pending
an investigation into its mandate, and then in August 2012 effectively
destroyed it by deciding it could no longer try complaints by SADC citizens
against their own governments.

This was despite the advice of outside consultants commissioned by SADC.

And, Pillay said, the SADC summit decision had left SADC citizens with no
recourse to justice when they are abused by their own governments. The
disbandment of the tribunal had also left corporations unprotected, he
noted.

Nicole Fritz, executive director of the Southern Africa Litigation Centre,
suggests if the tribunal had avoided tackling Zimbabwe’s land reform - one
of the most politically-sensitive issues in the region - as one of its first
cases, it might perhaps have survived to consolidate its credibility and
powers enough to take on such issues later.

Pillay responded that he was not a politician but a judge and had had no
grounds to throw out the Campbell case “on some specious technical grounds.
I decided on the facts before me”.

Fritz noted that even Bot-swana’s President Ian Khama had expressed his
disapproval of the tribunal. This was ironic since he had expressed full
support for the International Criminal Court (ICC) and its indictment of
Sudanese President Omar al-Bashir.

Fritz suggested that was because Khama had nothing to fear from the ICC
whereas the SADC Tribunal had adjudicated a complaint from his country’s San
people about being pushed off their land.

Laurie Nathan, head of the Centre for Mediation in Africa, at the University
of Pretoria, said the surprising thing was that the SADC leaders had ever
established the tribunal in in the first place.

Their decision reflected the SADC’s hierarchy of values, in which human
rights and the rule of law were subordinate to the respect for regime
solidarity and state sovereignty.

SADC states had always been “implacably opposed” to any transfer of national
sovereignty to a regional body like the tribunal because their own
sovereignty was so fragile. That was because it had been acquired so
recently from colonial powers and because some states still did not enjoy de
facto sovereignty as they did not have a monopoly of legitimate power over
all their territories.

He said SADC had established the tribunal only because of pressure from
Western donors. - Sunday Tribune

Parly committee will vet Mudenda - Ncube

http://www.thezimbabwean.co.uk

03.03.13

by Edgar Gweshe

Parliament’s Standing Rules and Orders Committee is set to vet the newly
appointed Zimbabwe Human Rights Commission Chairperson, Jacob Mudenda.

This was revealed by MDC-N President, Welshman Ncube, during a meeting with
civic society leaders held at the Crisis in Zimbabwe Coalition offices in
Harare on Wednesday.

Ncube opposed the appointment of Mudenda last month saying he had not been
consulted by President Mugabe and MDC-T leader, Morgan Tsvangirai.

Mudenda is believed to have strong ties with Zanu (PF) and analysts have
expressed reservations over his credibility as the ZHRC chair.

He replaced Reginald Austin who resigned late last year citing lack of
resources for the ZHRC as well as political meddling.

Responding to a question on whether Mudenda was qualified to lead the ZHRC,
Ncube said: “On the specific considerations, he qualifies, but on the
general qualification which requires a history of interest in human rights,
he might not.

“For you to be an effective chair of the Human Rights Commission you must
have a clear history, you must not have a partisan history. I don’t see how
Mudenda, having risen to a high position in Zanu (PF), can satisfy that
requirement.”

Ncube revealed that Austin had confided in him that he was frustrated into
resignation by political meddling with ZHRC operations, even though there
are no details yet how the interference occurred.

Crisis in Zimbabwe Coalition Chairperson and ZIMRIGHTS Director, Okay
Machisa, castigated the appointment of Jacob Mudenda, saying his human
rights record is tainted and he cannot therefore be entrusted with leading
the ZHRC.

“Mudenda is a former Matabeleland North Governor where gross human rights
violations took place. We have searched for his name on the net, went to his
colleagues to consult, but it is very clear that his CV does not reflect any
(positive) human rights record”, said Machisa.

Governor puts restrictions on 45 NGOs in Masvingo

http://www.thezimbabwean.co.uk/

03.03.13

by Edgar Gweshe

Masvingo Resident Minister and Governor Titus Maluleke on Friday summoned
over 45 non-govermental organisations to a meeting at his offices during
which he announced wideranging restrictions on their work, The Zimbabwean
has learnt.

A statement from Crisis in Zimbabwe Coalition said that Maluleke was
“flanked by the Assistant Provincial Policing Officer, Deputy Provincial CIO
boss and Assistant Provincial Administrator Chitsika when he read the riot
act to the NGOs”.

Maluleke, according to the CiZC, said that such meetings would be held every
month.

In February 2012 Maluleke banned 29 NGOs in Masvingo.

“NGO leaders who attended the meeting were reportedly subjected to a roll
call where they were called one after another and coerced to reveal their
work plans and partners. They were also told that from now onwards they
should work with government departments and the security sector in all their
projects,” reads the CiCZ report.

Community Tolerance Reconciliation and Development Coordinator, Gamuchirai
Mukura, said: “We were told that NGOs should now work with the district
police officers and line ministries in implementing our programs.

He added: “They told us they are going to be monitoring our donors and what
programs we are being funded for and what programs we are doing saying NGOs
should not be involved in election related programs.”

Mukura said this latest development was an attempt to cramp NGOs as the
country heads for the constitutional referendum on 16 March and harmonised
elections expected later this year.

“These series of meetings will clearly be used as a platform to strangle and
suffocate NGO work in Masvingo ahead of the forthcoming elections. The
dimension the crackdown is taking has become multi-faceted in order for the
ploy to be successful,” said Mukura.

Maluleke’s action comes hard on the heels of the raiding and arrests of
civic society offices and employees by the police.

Affected NGOs include the National Association of Non-Governmental
Organisations, Zimbabwe Election Support Network, COTRAD and the Zimbabwe
Peace Project.

The CiZC report said the actions by Maluleke and widespread raids on NGOs
could have been triggered by a resolution made by Zanu (PF) at its 13th
Annual National People’s Conference in Gweru in December 2012.

The party resolved to urge government to shut down all NGOs seeking regime
change by working to remove President Robert Mugabe from power.

“In a closely related development, a humanitarian organisation which gives
food relief to the vulnerable communities, CARE Zimbabwe International has
reportedly suspended its activities in Chivi District in Masvingo Province.

“The Non-Governmental Organisation reportedly cited some complications and
hurdles in dealing with the Masvingo Provincial Administrator’s office in a
development which could see many families being exposed to hunger,” reads
the CiZC.

Zesa pre-paid meters spark outrage

BULAWAYO; The Zimbabwe Electricity Supply Authority (Zesa) pre-paid metre billing system has drawn the ire of Bulawayo residents who are accusing the power utility of cheating them of their hard earned money.

Zesa introduced the pre-paid meter system last year replacing the loader meters and the exercise is still to cover other areas. Yesterday residents said Zesa’s billing system has seen those who exceed 50 kilowatt hours a month having to spend 10 times more when they need more electricity for the remainder of the month.

“How are we expected to make ends meet when they are charging us exorbitantly like this,” said a resident from Coronation Cottages in North End.

She said the power utility’s billing system was deliberately complicated to cheat unsuspecting consumers. “When I first bought electricity I got 292 units for $30, when I bought again with the same amount, they gave me 190 units. This is day light robbery because how can the same amount give me lesser and lesser units,” said the resident, who is a pensioner.

“Zesa needs to be investigated so that their cheating is put to an end,” she said.

Another resident from Luveve suburb said he did not understand the whole billing system by Zesa.

“When I complained that they had actually charged me more than the same units last time I bought electricity last week they told me that the more I consume electricity the more I have to pay,” said the resident who is a teacher.

“They are taking advantage of the already vulnerable citizens. As it stands people are already struggling with other obligations such as school fees and yet they sell us electricity at this absurd rates,” said the resident.

Another resident from Mahatshula said there was a need for Zesa to review its tariffs.

“If there was a way of going back to the old system, it could be better, because this new metre system is proving to be more expensive,” said the resident.

He said the old system had no provisions that disadvantaged consumers such as the new system.

Another consumer complained that apart from the high tariffs, Zesa was also deducting more than 20 percent from amounts they pay to settle outstanding debts. “We are being simply being overcharged and we don’t understand these flimsy excuses they are feeding us,” said a Queens Park East resident.

The first 50-kilowatt hours are billed at two cents per unit while those who consume between 51 and 300 kilowatts are charged at 11 cents per unit. Those who exceed the 300 units are charged at a higher charge of 15 cents per unit. This has seen some consumers who slipped into the 51 kilowatts range complaining that the recently introduced prepaid meter system by Zesa was a way of cheating them as their units got used up quickly.

Contacted for comment Zesa Holdings spokesperson Mr Fullard Gwasira said tariffs for pre-paid meter users had not been increased, but consumers would witness a corresponding rise in electricity payments if they consumed more energy.

“The pre-paid metre system is not like the juice (airtime) card one for phones. This system is consumption sensitive in the sense that the more power you use, the more you should pay,” said Mr Gwasira.

He said this was because they wanted residents to adopt a culture of saving power.

“We want to enforce behaviour change, this system recognises how much electricity one uses and if people do not change their behaviour towards saving energy then they would always complain that we are overcharging them,” said Mr Gwasira.

The Zimbabwe Energy Authority, however, only gave the power utility the green light to increase average tariffs from 9,83c kilowatt per hour to 9,86c.

Mugabe scouts new friends after sanctions snub

http://www.dailynews.co.zw

By Ndakaziva Majaka, Staff Writer
Sunday, 03 March 2013 14:21

HARARE - President Robert Mugabe has expanded relations in the East, as the
West refuses to completely ease financial and travel sanctions imposed on
the 89 year-old and his inner circle.

Government last week signed a Memorandum of Understanding (MoU) to seal
business ties with Arabic leader Sheikh Saud Bin Sapr Al Qasimi of Ras Al
Khaimah (Rak), targeted at injecting investment into six local ministries.

The Arabic leader has already sealed a MoU with mining minister Obert Mpofu
and a Rak mining parastatal.

Other ministries set to “benefit” from the MOUs are Agriculture, Industry
and Commerce, Energy, Health and Tourism.

Saud’s visit to Zimbabwe comes after Vice-President Joyce Mujuru officiated
at a business forum in Rak last December.

United Arab Emirates (UAE) overtook China to become the second largest
purchaser of Zimbabwe’s tobacco after South Africa, according to figures on
the market outlook released by the Tobacco Industry Marketing Board.

The tobacco industry is critical to Zimbabwe’s economy and other African
countries and supports an estimated 1,1 million farmers in southern Africa.

Analysts have said the move to welcome the Sheikh is a clear market
expansion of ties in the East as the West is making trade conditional.

Local economic analyst Issis Mwale said the emergence of the Middle East as
a trading partner is Mugabe’s way of penetrating new markets in an attempt
to shun the West.

“The first sector specific MoU was signed with the mining ministry. This is
strategic in light of European Union foreign ministers’ continued sanctions
on state-run Zimbabwe Mining Development Corporation (ZMDC), which operates
diamond mines in the Marange fields,” Mwale said.

She also said the fact that the UAE is set to host a major diamond
conference in less than four weeks shows a clear “further look East Policy
expansion”.

Kumbira Kaitano, a United Kingdom-based political and economic blogger
concurs with Mwale.

“It is clear there is a move to shun Western markets in favour of the East.
However, the wisdom behind the decision is questionable as Belgium, the
biggest diamond trading city is controlled by the EU,” said Kaitano.

Apart from the MoU with the Mines ministry, other sector specific agreements
are to be concluded by March 14.

There has been uproar on the social media with some Zimbabweans complaining
that the deals are shrouded in mystery. Others fumed at the non-disclosure
of the terms of the agreements.

Many such secretive agreements are with China.

Mugabe enjoys a warm relationship with China and turned to the country for
sanctuary after the West imposed an economic embargo against Zimbabwe over
alleged gross human rights violations.

At the moment the country does not have concrete figures on its trade with
members of the UAE.

While, China has several investments in various sectors of the country’s
economy there has been a general feeling in some quarters that the Asian
country has not invested enough to match the level of cordial political
relations with Zimbabwe.

Mutasa, Maisiri’s disastrous link

http://www.dailynews.co.zw/

Sunday, 03 March 2013 13:51
HARARE - Shepherd Maisiri and Zanu PF secretary for administration Didymus
Mutasa, seem to have a thing going — albeit with disastrous consequences.

While Mutasa resides in Harare’s leafy suburbs, owns a farm and a fleet of
cars and has a round-the-clock police guard, his nemesis Maisiri is an
impoverished villager who cannot even afford to roof his house with
asbestos.

Being close to power, the Zanu PF Manicaland godfather is usually
chauffeured in top-of-the-range vehicles on his visits to his constituency
in Headlands, while Maisiri, an MDC founder in the area, puts on threadbare
shoes at his Headlands home and a wheelbarrow is a prized possession.

Yet, the two never seem too far apart.

The death of Maisiri’s 12-year-old son, Christpower, in a suspected arson
case linked to politics has laid bare a decade long acrimonious relationship
between the two political foes easily summed up as “David-Goliath duel”,
particularly as Maisiri seeks to wrestle the Headlands seat from Mutasa.

Young Christpower’s horrific demise in an inferno, according to Maisiri, is
just one of many “tribulations” he has suffered at the hands of Mutasa and
his emissaries in the constituency.

While Mutasa is battling to keep the parliamentary seat from the MDC,
Maisiri, on the other hand, wants the Zanu PF minister, a close ally of
President Robert Mugabe out of Headlands.

At the burial of his son, Maisiri claimed he earned Mutasa’s recognition —
and wrath — when he introduced the MDC in the area.

“Headlands, I want to thank you! You have honoured me in a special way. You
have shown faith and trust in me when I started this journey of introducing
the name MDC to your homes, the name MDC is now here and it will be here
forever. It has been so painful to Mutasa that the MDC is now here” said
Maisiri.

“We are enemies to Mutasa; he calls us names such as goblins (Zvitokwani)”
he said, tears rolling down.
Mutasa has denied involvement in Christpower’s death, but there was no
denying the two men know each other quite well.

The minister of State in Mugabe’s office was quick to admit he knew Maisiri,
although he famously claimed that the MDC deputy organising secretary for
Headlands is a member of Zanu PF.

“Yes, I know Maisiri, but there is no way he could contest against me when
he is a member of my party. Yes, he comes from chief Makoni and resides in
headmen Dzikiti’s area, but he is not an MDC supporter,” Mutasa said last
Sunday evening when asked to comment on the death of the child.

Mutasa, however, did not visit or send any condolences to the grieving
family despite telling this paper that Maisiri is a member of his Zanu PF
party.

At a funeral procession for his son, Maisiri asked: “Where are you Mutasa.
You claimed to be my friend but where are you Mutasa while I am grieving
here?”

Clad in an oversize, striped shirt, Maisiri said it has been a roller
coaster for the family.

He said that he named his son as Christpower as an appreciation to God for
protecting him at the hands of his adversaries operating with “rewards on
offer to anyone who kills me”.

“I was on Mutasa’s wanted list. During elections people were promised
vehicles if they apprehended and delivered me to Mutasa,” he claimed.

He said since the turn of a decade, he has been forced to live a pauper’s
life as Zanu PF youths at times destroy his tobacco crop.

Taking a glimpse of his cottage, the aspiring MP has no television set in
his house forcing him to depend on a donated shortwave radio receiver for
news.

“Every time I do something for a living, Zanu PF supporters destroy it, my
son has tried to do tobacco farming, but known Zanu PF supporters have
destroyed it,” he said.

But while fingers might be pointing at Mutasa, the Zanu PF big man
vehemently denies he had a hand in Maisiri’s troubles.

“I don’t know anything about that. I am not involved,” he told the Daily
News on Sunday when asked to comment on Maisiri’s claims.

Some Cabinet ministers and the entire MDC leadership are pointing at Mutasa
with Finance minister and MDC secretary-general Tendai Biti telling mourners
that the Zanu PF chief administrator should come clean or held accountable.

“During the last Cabinet meeting, we told Mutasa that you are responsible
for this, if he thought that we were hiding under the cover of the Cabinet
privilege, we are saying it here kusina that protection, Mutasa you killed
this boy, if you think we are lying take us to court for defamation,” said
Biti.

“We had to tell him kuti Gudo guru peta muswe kuti vapwere
vagokuremekedza.” - Xolisani Ncube

Nieebgate: A revolution betrayed

http://www.dailynews.co.zw/

Sunday, 03 March 2013 14:16
HARARE - The Zimplats Indigenisation Transaction (“ZIP”), a landmark
transaction in terms of value and significance now exposes the confusion
that is inherent in a programme not supported by a coherent knowledge,
capital and execution strategy.

The objective to empower previously disadvantaged persons is laudable but
the legal, just and equitable and constitutional instruments to achieve the
desired goal will always be more difficult to develop.

After reading the comments by President Robert Mugabe in an interview aired
on the Zimbabwe Television(Ztv) and published by the Herald newspaper on
Saturday, March 2, 2013, one gets the distinct impression that Mugabe’s
indigenisation template is diametrically opposed to the one used so far by
Saviour Kasukuwere and defended vigorously by Jonathan Moyo.

Against a background of a scandal that is unfolding in relation to the
legal, financial and ideological basis on which the indigenisation deals
have been designed, structured, and implemented so far particularly in
respect of mineral resources, Mugabe clearly oblivious of the true nature of
these deals, said that the government would not stop implementing the
indigenisation and empowerment programme.

There is no doubt that both Zimplats’ shareholders and Kasukuwere and his
team have reason to be worried by Mugabe’s comments.

It is important, therefore, to unpack the comments and implications on the
way forward.

Mugabe holds the view that Zimbabwe should not allow its resources to go
into foreigners’ hands.

What is the meaning of this statement?

It would appear that president Mugabe was intimately involved in the
negotiations leading to the conclusion of these transactions given his
active and enthusiastic participation at the launches of a number of
community share ownership schemes and must, therefore, have known about the
basis on which the deal was to be done.

Any other construction would seem to suggest that in packaging the
transaction in the manner contained in the signed Term Sheet, Kasukuwere
overstepped his powers.

If this were the case, one would have expected Mugabe to fire him or for him
to resign.

Notwithstanding, Mugabe believes that the deals concluded should be unwound
to reflect the principle that the ownership of mineral resources must always
vest in the people whatever this means in practical terms.

Mugabe said this in relation to the theme that resources should never be
allowed to go into foreign hands: “That is really to commit an act of
defiance against God’s order and not only that, we will be acting in a
foolish way ourselves.

“This is our land, these are our resources.What sort of people will we be to
show that reckless disregard?”

He went further to connect the indigenisation programme to the war of
liberation.

Obviously oblivious of the construction of the mining deals concluded so
far, he said that government would not buy shares in mining companies, but
would use the value of the mineral deposits to determine shareholding.

Moyo got it right that the same resources that Mugabe is talking about were
indeed valued in terms of the Zimplats transaction on the basis that they
were owned by Zimplats and, therefore, the only legal mechanism for shares
to change hands to indigenous persons or structures would have to be on a
willing-buyer willing-seller basis unlike the land issue that was addressed
by way of a constitutional amendment.

Mugabe would be aware that there is no legal basis to deprive Zimplats of
the right to exploit the reserves that it spent money to discover based on a
licence duly granted by his government.

History will confirm that the prospecting rights in relation to platinum
resources were granted by the post-colonial administration.

In fact, Mugabe should know better for the Special Mining Lease granted to
Zimplats was under his watch.

Ian Smith and his predecessors had no idea that Zimbabwe was rich in these
resources to permit any rational assertion that colonialism had any part to
play in the allocation of the rights.

If the premise that Mugabe would now want indigenisation programmes to be
pursued, he should direct his criticism to not only the relevant role
players that allowed foreign companies to be granted prospecting and mining
rights and very well find himself on the wrong side of the debate as he was
the sole principal at the material time who failed to protect what he now
holds as an order from God.

There has been no allegation that prospecting and mining orders were
fraudulently granted to the very companies that are now being accused of
stealing God’s promise to indigenous Zimbabweans.

The appropriate and just time for the sovereignty argument over minerals to
have been made was before licences were granted.

Surely, when licences were granted to mining investors, little or no
knowledge was known regarding the mineral potential.

Zimbabwe’s promise can only be delivered if risk takers are allowed to
harvest the outcomes of their efforts.

Moyo sought to address the concern that the platinum resources were
undervalued in arriving at the transaction value.

Zimplats, the company, was valued at $2 764 billion in terms of the
transaction.

However, Moyo makes the point that J.P. Morgan and Citi valued the same
company at $4 billion and $3,23 billion, respectively.

To get this valuation, regard was taken into account of the platinum
resources that form part of the company’s asset base.

Using Mugabe’s reasoning, in valuing the company like Zimplats, the reserves
must not be taken into account as part of the asset base of the company,
rather the value of the reserves should be exclusively assigned to
indigenous persons who evidently played no part in identifying and
establishing the resource.

Moyo sought to argue that Zimbabwe got the best deal as negotiated by the
government supported by Brainworks.

He makes the point that a company that was conservatively valued at $2,7
billion (this value itself already discounted from a possible high of $4
billion) was further discounted to a value of $1,6 billion for the purpose
of the transaction.

It must be noted that the value in question is the value to shareholders and
not the value of the resources.

The Reserve Bank of Zimbabwe (“RBZ”) put the nominal value of the resources
at a minimum of $90 billion to a maximum of $180 million to make the
argument that Zimbabwe was robbed.

It would appear that Mugabe has implicitly accepted the RBZ argument that
would then mean that this unrealistic valuation should form the basis of the
rearrangement of the shareholding of Zimplats.

One can then appreciate the implications of this argument now forcefully
advanced by Mugabe.

Clearly, one would have expected Moyo, Gideon Gono, Kasukuwere and Mugabe to
know about the way to go before embarking on a journey without a roadmap.

Moyo presumably guided by the legal and constitutional realities argues that
the country including Mugabe must be applauded for: “pegging an asset
allegedly worth $180 billion at a paltry $1,6 billion thereby enabling the
indigenous entities to purchase the asset for some $818 million representing
51 percent of the agreed value”.

He goes further to state that: “51 percent of $180 billion would be
staggering and unthinkable” and yet Mugabe believes otherwise.

If indeed, the resources that were endowed by the Creator to Zimbabwe are
worth $180 billion then why discount this value and for whose benefit.

It would appear that foreigners would be the beneficiaries of this largesse.

Given that Mugabe holds the same view expressed by Gono, it would be
self-evident that the harsh words used against Gono were really meant for
Mugabe.

Moyo had this to say: “But of course by sucking their thumbs up with the
figure of $180 billion as the value of the resource in-situ, the RBZ is
pursuing a propaganda smokescreen to argue that the indigenous entities
should not pay anything to Zimplats because they own the resource which is
worth $180 billion blah blah.

“This is constructive confusion designed to muddy the views of the
uninitiated among us.”

It would appear that Mugabe according to Moyo belongs to the class of the
uninitiated.

Mugabe said that Kasukuwere and indeed Moyo got it wrong when he signed a
deal agreeing that Zimbabwe will pay for acquiring shares in Zimplats.

He said: “So you see problem ndiyoyo, ivo vakatipa 51 percent vachiti
chikwereti chatirikukupai asi tirikukubhadharirai mangwana mozotibhadhara
that is where the difference is. I think that is where our minister made a
mistake. He did not quite understand what was happening and yet theory yedu
ndeyekuti resource iyoyo ndeyedu and that resource is our share that is
where the 51 percent comes from.”

President Mugabe is the captain of the ship that is about to go to the polls
with this kind of confusion on a matter that is critically important to Zanu
PF.

This confusion does not help the cause of State actors who were yesterday
congratulating themselves on mission accomplished only to discover that they
got it wrong.

Surely, Kasukuwere should have known the views of his boss rather than
listening to Moyo let alone relying on brains at work in Brainworks that are
not in the Zanu PF structures.

It would appear that Gono has won this argument and the confusion will
surely follow as sunset follows sunrise. - Mutumwa Mawere

No observers, no elections – Zimbabwe Vigil Diary: 2nd March 2013

The Vigil is to urge the United Nations not to finance the Zimbabwean elections unless UN monitors are allowed to attend.

Zimbabwe asked the UN Development Programme (UNDP) for some $80 million to pay for the referendum on a new constitution but the request was turned down because the application had been left too late. Justice Minister Chinamasa says the money has now been found from ‘local sources’ – but refused to name them.

The government is now looking to the UNDP to provide about $200 million it says it needs for the elections, said by Jonathan Moyo likely to be held in late June. The Vigil believes Zanu PF could easily pay for the elections out of looted diamond money so we are sending the following letter to the UNDP.

‘The Zimbabwe Vigil understands that the Zimbabwe government has asked you to pay for the coming elections as it says it has no money. At the same time, Vice President Joice Mujuru has insisted that only observers from Southern Africa will be invited to monitor the elections.

We believe that President Mugabe’s Zanu PF cronies have syphoned off billions of dollars of diamond revenue and that the President could easily arrange to finance the elections.

But if the UNDP is of a mind to squander donors’ money on the Zimbabwean elections we believe it should be conditional on UN observers being allowed to monitor them. We suggest that the observers should be drawn from those countries such as the US and EU members which provide most of the funds.

You will be aware that three UN rapporteurs recently expressed alarm at the increasing human rights abuses as Mugabe seeks to ensure another term of office. You will also have heard of the police harassment of civil society organizations and the seizure of short wave radios which allow people access to the outside world.

The Vigil believes that, unless the UN takes a more robust approach, Mugabe will use the same violent methods to cow voters and then go on to rig the elections as he did five years ago.

We wish to draw your attention to the following petition which we have submitted to the United Nations. “We call upon the Security Council to ensure that the next elections in Zimbabwe are free and fair. We look to the United Nations to supervise the electoral process and handover of power to a new government and believe peace-keeping troops will need to be in place before, during and after the polling.”

We are sorry to say that we have received no response to this petition signed by many thousands of people passing by the Vigil which has been held outside the Zimbabwe Embassy in London every Saturday for more than ten years in support of free and fair elections.’

· After the Vigil we gathered for the twice-monthly Zimbabwe Action Forum down the road from the Vigil at the Strand Continental Hotel. We discussed the letter to the UNDP and an event on Thursday 7^th March organized by the Mike Campbell Foundation (see events and notices below). A number of people said they would attend.

· The diaspora organization Yes We Can Zimbabwe (www.yeswecanzimbabwe.org) joined us at the Forum. David Kadzutu, Organising Secretary, said the organization had grown steadily since its formation in February 2011 because of growing concern that the MDC as part of the GNU no longer provided an opposition. Another member of the organization, Darlington Sibanda, said it was necessary to have a plan to counteract Zanu PF if they won the elections. One suggestion was that we should campaign for the MDC to refuse to join a new government of national unity so that it can distance itself from Zanu PF and regain credibility.

· Martin Chinyanga, who has launched a campaign ‘Diaspora Feels It’, also joined us at the Forum after laying flowers on the doorstep of the Embassy in memory of 12-year-old Christpower Maisiri. He said Mugabe’s call for an end to violence was hypocritical and Zanu PF was attacking innocent children. Another supporter said he was sorry to see MDC leaders arriving at the murdered boy’s humble funeral in flashy cars and suits. There was much comment on a report that Tsvangirai had asked Mugabe to allow him to stay in his government-owned mansion if the MDC lost the elections (see: Plush government home haunts Tsvangirai, http://mg.co.za/article/2013-03-01-00-government-home-haunts-tsvangirai).

· The Forum welcomed a proposal by Action for Southern Africa (ACTSA), the successor to the Anti-Apartheid Movement, to mark Referendum Day on 16^th March. The Vigil is grateful for their support. Further information on this in next week’s diary.

· The Vigil was set up in record time today with help from ROHR members fresh from a meeting of the ROHR Central London Branch attended by 30 people. The branch decided to present ROHR’s petition to the UK Border Agency protesting at deportations to Zimbabwe as violence worsens ahead of the elections. This petition, which has been available for signature at the Vigil, will be taken to 10 Downing Street on Referendum Day.

· The Vigil was saddened to hear that our supporter Pelagia was seriously ill in Leicester. We pray for her return to good health.

· Thanks to Iline Manhunzi and Grace Nyaumwe of ROHR Slough and Tafadzwa Mushakwe, Hilda Gwesele and Tendayi Vheremu of ROHR Coventry for providing food to fundraise for ROHR.

For latest Vigil pictures check: http://www.flickr.com/photos/zimbabwevigil/. Please note: Vigil photos can only be downloaded from our Flickr website – they cannot be downloaded from the slideshow on the front page of the Zimvigil website.

FOR THE RECORD: 48 signed the register but there were many more people there.

· Mike Campbell Foundation: Hope in a Desert. Thursday 7^th March at 7 pm. Venue: Royal Geographical Society, 1 Kensington Gore, London SW7 2AR. Speakers are Ben Freeth, Dr Craig Richardson and Gillian Higgins. The event will be chaired by Kate Hoey MP, Chair of the All Party Parliamentary Group on Zimbabwe. Tickets: £15. Check: http://www.mikecampbellfoundation.com/images/rgs2013flyer.pdf for more information.

· Zimbabwe Action Forum (ZAF). Saturday 16^th March from 6.30 – 9.30 pm. Venue: Strand Continental Hotel (first floor lounge), 143 Strand, London WC2R 1JA. The meeting will take place straight after the Vigil. Directions: The Strand is the same road as the Vigil. From the Vigil it’s about a 10 minute walk, in the direction away from Trafalgar Square. The Strand Continental is situated on the south side of the Strand between Somerset House and the turn off onto Waterloo Bridge. The entrance is marked by a big sign high above and a sign for its famous Indian restaurant at street level. It's next to a newsagent. Nearest underground: Temple (District and Circle lines) and Holborn. Next ZAF, Saturday 2^nd April same time and venue.

· The Restoration of Human Rights in Zimbabwe (ROHR) is the Vigil’s partner organization based in Zimbabwe. ROHR grew out of the need for the Vigil to have an organization on the ground in Zimbabwe which reflected the Vigil’s mission statement in a practical way. ROHR in the UK actively fundraises through membership subscriptions, events, sales etc to support the activities of ROHR in Zimbabwe. Please note that the official website of ROHR Zimbabwe is http://www.rohrzimbabwe.org/. Any other website claiming to be the official website of ROHR in no way represents the views and opinions of ROHR.

The Vigil, outside the Zimbabwe Embassy, 429 Strand, London, takes place every Saturday from 14.00 to 18.00 to protest against gross violations of human rights in Zimbabwe. The Vigil which started in October 2002 will continue until internationally-monitored, free and fair elections are held in Zimbabwe. http://www.zimvigil.co.uk.

Constitution Watch 11/2013 of 2nd March [Court Bid to Stop Referendum under Appeal: Who can Vote in Referendum and Where]

CONSTITUTION WATCH 11/2013

[2nd March 2013]

The Referendum

High Court Rejects NCA Bid to Postpone Referendum

On Thursday 28th February Judge-President Chiweshe dismissed “in its entirety” the National Constitutional Assembly’s application to stop the Referendum on 16th March. The NCA wanted the High Court to set aside the President’s proclamation of 16th March as Referendum Day and to extend the period to allow an extension of at least two months for voters to learn about and consider the draft constitution before voting. Its case was that in fixing so early a Referendum Day the President acted “arbitrarily, irrationally and grossly unreasonably”.

Relying on section 31K of the present Constitution, Justice Chiweshe concluded that the President’s conduct in setting the Referendum date “is not subject to review by a court”. In so ruling, he upheld the preliminary point raised by Deputy Attorney General Machaya in his argument on 25th February, which was that the President’s decision on the Referendum date fell within the limited range of purely discretionary decisions which section 31K says cannot be reviewed by a court. He then dismissed the entire application without having heard argument on the merits of the NCA complaint.

University of Zimbabwe law professor and NCA chairperson Lovemore Madhuku immediately said there would be an urgent appeal to the Supreme Court against this decision. The appeal was lodged on Friday 1st March by NCA’s lawyer Alec Muchadehama. The grounds of appeal are that Justice Chiweshe was mistaken in deciding that the President’s decision was protected from judicial review by section 31K, and therefore also erred in dismissing the application in its entirety without hearing argument on the merits of the case, i.e., whether or not the President’s decision was arbitrary, irrational and grossly unreasonable. The Supreme Court is not usually able to hear and decide an appeal within two weeks, which is all that remains before 16th March, but the NCA are asking for an urgent hearing.

Who Will Conduct the Referendum?

The Referendum will be conducted by ZEC using its permanent and temporary staff. The Registrar-General is no longer responsible for any aspect of the conduct of a Referendum. This is stated in the present Constitution, section 100C(1)(a), the Referendums Act and the new Referendums Regulations. Section 100C(1)(a) of the Constitution also spells out that ZEC must “ensure that referendums are conducted efficiently, freely, fairly, transparently and in accordance with the law”.

New Referendums Regulations Gazetted

New regulations under the Referendums Act have been produced by the Zimbabwe Electoral Commission [ZEC] and approved by the Minister of Constitutional and Parliamentary Affairs. The regulations were gazetted on Friday 1st March [Statutory Instrument 26/2013] and came into force immediately. They replace the previous regulations which were gazetted in SI 22A/2000 and used for the previous Constitutional Referendum in March 2000.

The regulations spell out in detail the procedure that ZEC will follow in conducting the Referendum, and answer such important questions as:

· how voters can prove their eligibility to vote in the Referendum [i.e., what documents they should take with them to the polling station on Referendum Day]

· where voters can vote.

Who Can Vote in the Referendum

The basic qualification for voting in the Referendum is stated in section 6 of the Referendums Act: “Any person who satisfies the presiding officer of a polling station that he or she is eighteen years or above and is eligible to be registered as a voter on the voter’s roll” is eligible to vote.

It is not necessary to be a registered voter. Eligibility to be registered as a voter is all that is required. Voters’ rolls will not be used in the Referendum.

Documents Needed to Vote in the Referendum

At the polling station a voter must be able to provide proof of eligibility to vote. The new regulations stipulate what documents are needed [Regulations, section 3]. All the voter needs to do is to produce one of the following documents, on which “it is legibly shown that that the person is a citizen of Zimbabwe of or over the age of eighteen [18] years”:

· a Zimbabwe national identity document [except IDs of non-citizens – see more below] issued in terms of the National Registration Act [metal or plastic]

· a “waiting pass” which includes a photograph of the holder. A waiting pass is the document that one gets when applying for a national ID and that serves as proof of registration until the ID itself is received.

· a valid Zimbabwean passport.

What about an ID that indicates holder is not a citizen? As IDs are compulsory for all residents, including non-citizens, IDs held by non-citizens indicate this status by an “A” or “ALIEN” at the end of the ID number. This type of ID is not sufficient for the purpose of voting. If the holder of an alien’s ID has become or been recognised as a Zimbabwe citizen since it was issued, he or she will have to produce proof of that fact to the polling station officials, e.g. a certificate of registration as a citizen or a certificate of citizenship issued by the Minister of Home Affairs.

Driver’s licences not sufficient A driver’s licence cannot be used [Regulations, section 3(2)]. This is because a driver’s licence does not officially state the holder’s citizenship.

Where can People Vote?

A voter in the Referendum may vote at any polling station anywhere in the country.[Regulations, section 4]. ZEC will notify the location of all polling stations on its website, in mass circulations newspapers and in the Government Gazette not later than Wednesday 13th March. The new regulations state that polling stations must be located in places that are readily accessible to the public, including pesons living with disabilities. [Regulations, section 6].

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied

Zimbabwe Referendum Watch (ZRW) : Issue 1