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Zimbabwe activists sent back to prison
Zimbabwe's unity government has been dealt its heaviest blow so far after 18
political and human rights activists were sent back to prison.
By Peta Thornycroft in Harare
Last Updated: 5:01PM BST 05 May
2009
The group were all kidnapped, mostly from their homes, last year and held in
secret locations, where they claim they were tortured, and then charged with
plotting to try to topple President Robert Mugabe.
The then opposition party, the Movement for Democratic Change (MDC), demanded
their release before it would go into a power-sharing government, and they were
finally freed on bail two months ago.
But at a bail hearing in Harare on Tuesday they were remanded in custody by
the magistrate, Catherine Chimanda. They include Jestina Mukoko, 54, the
director of the Zimbabwe Peace Project.
Not a single activist or former opposition Movement for Democratic Change
leader or supporter, among tens of thousands arrested in the last 10 years, has
been successfully prosecuted on similar charges, despite the courts being
staffed overwhelmingly by Mr Mugabe's loyalists.
The MDC, led by the prime minister, Morgan Tsvangirai, gave warning that the
renewed detentions threatened the survival of the already shaky unity
government.
"Today's ruling seriously threatens not only the life and health of the
inclusive government, but its longevity and durability," the party said in a
statement.
"Today's ruling slams shut the door of international goodwill."
Reconstruction aid amounting to billions of pounds from the West is on hold
until the coalition government proves that it is implementing change, and the
ruling will do nothing to allay the fears of those who believe Mr Mugabe is
intent on retaining power by sidelining the MDC.
Western diplomats and human rights activists had packed the court to greet
and support the group.
"They have gone too far, and this is bad, perhaps terminal," said a western
diplomat who has been among the most supportive of the unity government.
Zimbabwean
abductees re-arrested, pending trial
http://www.swradioafrica.com
By Violet Gonda
5 May
2009
Human rights campaigner Jestina Mukoko and 14 other abductees were
back in
jail on Tuesday, after having been formally charged in the
Magistrate's
Court on Monday. At that hearing their trials were set into
three separate
cases, for the months of June and July, and the Attorney
General's offices
immediately made a submission to have their bail
terminated, using
provisions of the Criminal Procedure and Evidence Act. The
prosecutors used
a legal technicality that revokes bail if a person is
formally charged,
unless the Attorney General agrees to remand them out of
custody.
On Tuesday Magistrate Catherine Chimhanda remanded them all in
custody,
including 70 year old Fidelis Chiramba. Lawyer Charles Kwaramba
said it is
believed 15 activists have now been taken back to Chikurubi
Maximum Security
Prison. Freelance journalist Shadreck Manyere, plus MDC
officials Chris
Dhlamini and Gandhi Mudzingwa, are still being 'detained' in
hospital where
they are receiving treatment for their injuries from torture
during their
incarceration.
The State views the re-detentions as
legal, but rights groups and the MDC
say this is an unjustified attack that
undermines the entire Global
Political Agreement that created the unity
government. Kwaramba said the
Magistrate did an astonishing u-turn on
Tuesday despite the fact that on
Monday she had agreed to defer the matter,
to allow the defence team to get
clarification from the Attorney General's
Office. But Kwaramba said on
Tuesday the Magistrate basically said she was
not going to entertain any
submissions from anyone.
The courthouse
was packed Tuesday with journalists, members of civil society
and the
diplomatic community, who were left shocked after the Magistrate
remanded
the accused persons in custody. Eyewitnesses said Mukoko looked
pale and
dejected when she heard the news. The accused persons were all
abducted and
tortured between the months of October and December last year.
The AG's
office claims there is compelling new evidence and that the
individuals pose
a flight risk as a result of the 'serious charges they are
facing.' This is
in spite of the fact that none of them had fled the country
after they were
released on bail two months ago.
On Monday lawyer Andrew Makoni said they
had submitted that there was no
basis to re-detain their clients and that
the AG's office was making
unilateral decisions in trying to cancel a
political agreement that had been
made by the Principals to the unity
government, to have them all released on
bail, pending trial.
They
had hoped to bring in officers from the AG's office and members of the
Joint
Monitoring and Implementation Committee (JOMIC), to show that there
had been
a political agreement to grant bail. Despite being a monitoring
body, it is
understood that there were no members of JOMIC, not even those
from the
Tsvangirai led MDC, turned up to court on Tuesday.
JOMIC member and MDC-T
MP Tabitha Khumalo told SW Radio Africa that she had
only just been informed
of the present developments, by a member of civil
society and was making her
way to Harare from Bulawayo. She said the
chairmanship of JOMIC rotates on a
monthly basis and last month it was in
the hands of ZANU PF. The MP said
ZANU PF does not care about the detainees'
issues and therefore did not call
for a meeting. She hopes that the matter
will be discussed this month when
the chairmanship of JOMIC is taken over by
the MDC-M.
Meanwhile the
MDC issued a strongly worded statement expressing shock over
"the blatant
disregard of human rights shown by the State" against the 18
activists who
face "trumped-up charges of banditry, terrorism and
insurgency."
The
party said: "Today's ruling seriously threatens not only the life and
health
of the inclusive government, but its longevity and durability. Today's
ruling is a flagrant disregard to the commitments and agreements by the
three principals to the GPA. Today's ruling slams shut the door of
international goodwill. It undermines and threatens the goodwill that the
inclusive government had begun to enjoy on the continent and the broader
international community."
According to the MDC, seven of their
activists are still missing after they
were abducted by State security
agents in November and December last year.
One of the critical
outstanding issues at the ongoing talks between the
Principals, is the
freeing of prisoners and the latest development shows
that the Mugabe regime
is not serious about respecting human rights and
restoring the rule of law.
Analysts say this is a clear indication that the
regime is determined to
block the progress of the inclusive government, as
ZANU PF knows it will not
exist in a free society.
Meanwhile, questions are now being asked about
what Prime Minister Morgan
Tsvangirai is going to do about this and whether
the guarantors of this
unity deal, SADC and the African Union, will finally
do something.
Unity
government in turmoil after re-arrest of 18 abductees
http://www.swradioafrica.com
By Tichaona
Sibanda
5 May 2009
The inclusive government was on Tuesday thrown into
turmoil after 18 MDC and
civil society members, facing trumped-up charges of
banditry, terrorism and
insurgency, were re-detained.
The ruling by a
Harare magistrate to re-arrest the activists was immediately
condemned by
the MDC who issued a statement calling for an urgent meeting of
their
national executive to discuss the latest crisis.
The MDC urged SADC and
the African Union, as the guarantors of the Global
Political Agreement, to
urgently address the political stalemate in the
country as it threatened
national and international stability.
The party called for the immediate
release of all the re-detained activists
and also the release of seven MDC
activists whose whereabouts remain unknown
after they were abducted by state
security agents in November and December
last year.
Prime Minister
Morgan Tsvangirai and Deputy Prime Minister Arthur Mutambara
were informed
by aides of the re-arrest of the detainees as they prepared to
attend the
weekly cabinet meeting on Tuesday. But a source told us there is
an
agreement observed by the inclusive government that issues pertaining to
the
GPA are never discussed in cabinet.
'These issues are left to the
principals to sort out between themselves.
They were supposed to meet soon
after cabinet, ideally I think the issue
would be top on their agenda,' the
source added. Its reported Tsvangirai
received a hand written note on a
piece of paper alerting him to the
unfolding drama as he walked to the
cabinet meeting.
Tsvangirai's spokesman James Maridadi confirmed that the
principals met
after the cabinet meeting but did not have details of what
they discussed.
Mugabe and Tsvangirai formed the inclusive government in
February, after
months of wrangling and pressure from SADC and South Africa,
but sharp
differences still remain over issues, such as the review of the
posts of
central bank governor Gideon Gono and Attorney General
Tomana.
Western donors are likely to express great concern over the
re-arrests. They
have called on the inclusive government to carry out wider
political and
media reforms and to release all political prisoners before
committing any
funding to help rebuild the country.
All civil society
organizations in the country expressed shock at the latest
blatant disregard
for human rights shown by the State on Tuesday, in
re-detaining the
political and human rights activists. The MDC described the
action as
undermining and threatening the goodwill that the inclusive
government had
begun to enjoy on the continent and in the broader
international
community.
'Today's ruling seriously threatens not only the life and
health of the
inclusive government, but its longevity and durability.
Today's ruling is a
flagrant disregard to the commitments and agreements by
the three principals
to the GPA,' a statement from the MDC
said.
Political analysts and commentators seem to agree on one thing:
The push
for a lasting conclusion to outstanding issues in the GPA is firmly
stuck.
Cape Town based analyst Glen Mpani said negotiations are going
nowhere. He
said the re-arrest of activists is a clear signal that there are
elements
within government and ZANU PF who are against the implementation of
the GPA.
'It's a clear indication of who is in charge in the inclusive
government. I
think its victory for the (ZANU PF) rogues we have heard of in
the past
weeks who are against the inclusive government,' Mpani
said.
'It has exposed the MDC to the fact that there is no power sharing
in this
arrangement. What they need to tell the world is - are they part and
parcel
of a government that represses the rights of individuals who have
been
fighting for democracy in Zimbabwe,' Mpani added.
MDC condemns the re-arresting of activists
http://www.thezimbabwean.co.uk
Tuesday, 05 May
2009
The MDC is shocked by the blatant disregard of human rights
shown by
the State today at the Harare Magistrate's Court when 18 MDC and
civil
society members facing trumped-up charges of banditry, terrorism and
insurgency where re-detained.
Today's ruling is a clear signal that
there are some elements within
government and Zanu PF who are against the
implementation of the Global
Political Agreement (GPA) and the wishes of the
majority of the people of
Zimbabwe.
Today's ruling seriously
threatens not only the life and health of the
inclusive government, but its
longevity and durability. Today's ruling is a
flagrant disregard to the
commitments and agreements by the three principals
to the GPA.
Today's ruling slams shut the door of international goodwill. It
undermines
and threatens the goodwill that the inclusive government had
begun to enjoy
on the continent and the broader international community.
The MDC
national executive will soon meet to deliberate on various
issues, including
the continued flagrant and blatant violations of the
Global Political
Agreement, which is the compass and guide of the inclusive
government.
Among those who were re-detained today are Jestina
Mukoko, the
Zimbabwe Peace Project director, former personal aide to the MDC
President
Ghandi Mudzingwa, the MDC Mashonaland West women's assembly
chairperson
Concilia Chinanzvavana and Chris Dhlamini, the MDC's head
security.
The magistrate hearing the case said she no longer had any
jurisdiction to grant the activists further remand as there trial dates have
been set at the High Court.
The re-detention of the 18 is also most
worrying as the State has no
evidence on the charges that are being levelled
against these innocent
people.
For the past two months, the MDC has
been pushing for a lasting
conclusion to outstanding issues in the GPA but
Robert Mugabe and Zanu PF
have not been willing to show their sincerity to
the agreement.
The outstanding issues include the case of permanent
secretaries and
ambassadors, the swearing-in of Senator Roy Bennett as
deputy minister of
Agriculture, the issue of provincial governors, the issue
of the RBZ
governor Gideon Gono and Attorney-General Johannes
Tomana.
The MDC urges SADC and the African Union as the guarantors of
the GPA,
to urgently address the political stalemate in Zimbabwe as it
threatens
national and international stability.
The MDC calls for
the immediate release of all the re-detained
activists and also the release
of seven MDC activists whose whereabouts
remain unknown after they were
abducted by State security agents in November
and December last
year.
The MDC is a party of excellence. We believe that human rights
are
sacred, inalienable and sacrosanct. We believe that the dignity of the
people should continue to be respected. We believe that the duty of the
State is to protect citizens and not to detain, harass or abuse them. - MDC
Information
Together, we will march with the people towards a
new Zimbabwe.
Media Alliance of Zimbabwe: Statement on the Re-Detention of Journalists and
Human Rights Defenders
http://www.thezimbabwean.co.uk
Tuesday, 05 May 2009
The Media
Alliance of Zimbabwe advises members of the Zimbabwean
public, the Ministry
of Media, Information and Publicity, and Members of
Parliament of its
decision not to attend the Zimbabwe All Stakeholders Media
Conference
scheduled for this week from the 6th to the 9th of May 2008 in
Kariba. This
decision was made following the re-arrest and detention of
human rights
defenders, in particular Zimbabwe Peace Project director Ms.
Jestina Mukoko
and freelance journalist Mr. Andrisson Manyere on charges
that can only be
considered political.
It is MAZ's view that their re-detention
represents an apparent abuse
of the judicial process which undermines the
spirit and letter of the Global
Political Agreement, especially as regards
the restoration of a political
environment that is democratic and respectful
of the rule of law, as well as
cognisant of the urgency of ensuring the
security and freedom of human
rights defenders and citizens in
general.
It is in this context that MAZ considers it impossible to
participate
at the government All Stakeholders Media Conference when human
rights
defenders and journalists such as Ms. Mukoko and Mr.Manyere, who are
presumed innocent until proven guilty, continue to be targets of
repression.
MAZ remains committed to engaging the government to ensure
that
genuine media law and policy reforms are made in a politically
conducive
environment, and according to the letter and spirit of the GPA. -
MAZ
Journalists
protest re-arrests and boycott govt media conference
http://www.swradioafrica.com
By Violet Gonda
5 May
2005
The re-arrests of political and human rights activists has sparked
fury
among civil society in Zimbabwe. 18 activists who have already
experienced
untold suffering at the hands of state agents were placed back
in the
custody of the police on Tuesday. They had been formally charged with
terrorism the day before.
Journalists from the private media have now
decided to take some form of
action as a sign of protest. It's reported that
in an unprecedented move
Zimbabwe's embattled journalists took to the city
streets in Harare Tuesday
to protest the re-arrests of Jestina Mukoko and
her 17 co-accused, including
photo-journalist Shadreck Manyere. In a display
of solidarity for Manyere,
the group marched through the city streets,
singing songs, and chanting
slogans for Manyere's release. The journalists
also boycotted a press
conference held by Deputy Prime Minister Arthur
Mutambara on Tuesday
afternoon.
Representatives of the Media Alliance
of Zimbabwe (MAZ) also announced later
on Tuesday that they will not be
attending a four day Zimbabwe All
Stakeholders Media Conference that opens
Wednesday in Kariba.
MAZ is composed of:
MISA-Zimbabwe
Chapter
Media Monitoring Project Zimbabwe
Zimbabwe National Editors
Forum
Voluntary Media Council of Zimbabwe
African Community Publishing and
Development Trust.
The group had recently criticised the government media
stakeholders'
conference saying it was littered with anti press freedom
participants,
ignored major stakeholders and had no clear
agenda.
Announcing the decision to now boycott the event, the media group
said in a
statement: "This decision was made following the re-arrest and
detention of
human rights defenders, in particular Zimbabwe Peace Project
director Ms.
Jestina Mukoko and freelance journalist Mr. Andrisson Manyere,
on charges
that can only be considered political. It is MAZ's view that
their
re-detention represents an apparent abuse of the judicial process
which
undermines the spirit and letter of the Global Political Agreement,
especially as regards the restoration of a political environment that is
democratic and respectful of the rule of law, as well as cognisant of the
urgency of ensuring the security and freedom of human rights defenders and
citizens in general."
"It is in this context that MAZ considers it
impossible to participate at
the government All Stakeholders Media
Conference when human rights defenders
and journalists such as Ms. Mukoko
and Mr. Manyere, who are presumed
innocent until proven guilty, continue to
be targets of repression."
The harassment of media practitioners
continued in Zimbabwe as the world
celebrated World Press Freedom on May 3.
US President Barack Obama condemned
the jailing and active harassment of
journalists in Zimbabwe, and other
countries. He said: "In every corner of
the globe, there are journalists in
jail or being actively harassed: from
Azerbaijan to Zimbabwe, Burma to
Uzbekistan, Cuba to Eritrea."
On
Monday, the US embassy launched the World Press Freedom Day "Lost Voices"
exhibition in Harare. The exhibition is a joint initiative of the U.S.
Embassy's Public Affairs Section and Zimbabwe's Media Monitoring Project,
featuring reproductions from various publications printed since Zimbabwe's
independence in 1980.
US Ambassador James McGee, Jameson Timba the
Deputy Minister of Media,
Information and Publicity, MMPZ board member and
human rights lawyer
Beatrice Mtetwa and MMPZ director Andy Moyse, all spoke
at the event.
The MMPZ called on the government to prioritize media reform
ahead of the
constitution making process. Mtetwa said: "We cannot embark on
a
constitution making process before the media is reformed because you need
a
free media to reach the people out there."
Ambassador McGee urged
authorities to lift restrictions on the media to
promote the free flow of
information. He said: "Zimbabwe stands at the door
of incredible
opportunity. The world is watching to see if the country will
open the door
with a new commitment to freedom of expression, freedom of
speech and
freedom of the press."
"The world wants to know, I want to know and most
importantly, Zimbabweans
have the right to know," said McGee.
JAG
challenges MDC over arrests and farm invasions
http://www.swradioafrica.com
By Alex Bell
05 May
2009
Justice for Agriculture (JAG) has lashed out at the MDC, for the
party's
'complicity' in the ongoing farm invasions and the re-arrest of 18
political
activists on Tuesday.
Director of the Zimbabwe Peace
Project, Jestina Mukoko and 17 other
activists, who all spent months behind
bars facing trumped-up terrorism
charges, were hauled back into custody
Tuesday. At the same time,
countrywide farm invasions, led by ZANU PF
loyalists, have continued
unabated since the formation of the unity
government, forcing most
commercial farmers into hiding. More that 100
farmers are facing charges of
being on their own land 'illegally', while an
estimated 700 farm workers and
their families have been displaced by the
recent attacks.
These are all clear violations of the Global Political
Agreement (GPA) that
formed the basis for the unity government, which
Zimbabweans had hoped would
usher in real change in the crisis weary
country. But the violations have
seen a muted response from the MDC members
in the unity government, and
concern is beginning to surface that the party
is just passively allowing
events to unfold.
JAG's John
Worsley-Worswick explained on Tuesday that the MDC was in a prime
position
to challenge the Robert Mugabe regime when they formed the
coalition
government, because the GPA included the release of all political
prisoners
and encouraged production on farms.
"The battle fields were clearly
defined by the agreement, and people were
heartened when the political
prisoners were all released," Worsley-Worswick
said. "But the MDC has
instead been tepid in responding to the violations
since then and people are
losing faith."
Worsley-Worswick argued that the MDC's passive response to
the farm attacks,
which started in earnest the same week that Morgan
Tsvangirai was sworn in
as Prime Minister, set the scene for the re-arrest
of Mukoko and the 17
others. Worsley-Worswick continued that it is obvious
that the Mugabe regime
"has every intention of scuttling the agreement," but
argued that the MDC
will be party to the collapse of the agreement because
of the it's passive
response to the events that are putting the entire
future of the country at
risk.
U.S. calls on Zimbabwe to lift media restrictions
Prioritize media freedom ahead
of constitution making- MMPZ
Harare, May 5th 2009: The United States
urged the government of Zimbabwe to lift restrictions on the media to promote
the free flow of information, as an independent media watchdog called on the
inclusive government to prioritize media reform ahead of the constitution making
process.
Speaking at a reception to
launch the “Lost Voices” exhibition to mark World Press Freedom Day in Harare on
Monday, U.S. Ambassador to Zimbabwe, James McGee said a free and dynamic media
remained an important component of his country’s bilateral relations with
Zimbabwe.
“Zimbabwe stands at the door
of incredible opportunity. The world is watching to see if the country will open
the door with a new commitment to freedom of expression, freedom of speech and
freedom of the press,” said the U.S. Ambassador.
“The world wants to know, I
want to know and most importantly, Zimbabweans have the right to know,” said
McGee.
Zimbabwe’s press freedom
record has been a subject of international criticism. In his statement on World
Press Freedom Day, U.S. President Barack Obama condemned the jailing or active
harassment of journalists in Zimbabwe, and other countries.
“In every corner of the
globe, there are journalists in jail or being actively harassed: from Azerbaijan
to Zimbabwe, Burma to Uzbekistan, Cuba to Eritrea,” said President
Obama.
The “Lost Voices”
exhibition, a joint initiative of the U.S. Embassy’s Public Affairs Section and
the Media Monitoring Project (MMPZ), features reproductions from various
publications printed since Zimbabwe’s independence in 1980.
Prominent among these
is The Daily News, which was first launched on March 31, 1999.
It was controversially banned in 2003 for allegedly operating without a license
after it lost Supreme Court challenges to the requirement that it register with
a government media regulatory agency.
This year WPF Day comes at a
time when the inclusive government considers an array of reforms in the media
sector. There have also been discussions on constitutional reforms.
MMPZ called on government to
prioritize media reform ahead of the constitution making process.
“We cannot embark on a
constitution making process before the media is reformed because you need a free
media to reach the people out there,” said MMPZ board member, Beatrice Mtetwa.
Mtetwa also emphasized the
need to encourage professionalism in the publicly funded media noting that
journalists in these media ‘had long lost their voices.’
“What gets published in the
state media are not voices of journalists. Those are voices of politicians,”
said Mtetwa.
“Those of you who read the
Sunday Mail in the early 80s under the editorship of Willie Musarurwa will know
that the Sunday Mail you read today is not a Sunday Mail that is produced by
journalists. The same applies to the Chronicle when it was being edited by
Geoffrey Nyarota,” said Mtetwa who also called for the abolition of government
ministries that control media.
Other speakers at the
launch, which was also attended by government officials, journalists and
representatives of civil society organizations, lamented what they described as
“Zimbabwe’s present media waste land.”
“Wasteland it certainly is.
When one looks at the voices here that once informed Zimbabwean society, you get
some idea of the losses we have suffered over the last 10 years as government
suffocated the right to freedom of expression and the right to be informed,”
said Andy Moyse, head of MMPZ, an independent media watchdog that works to
promote responsible journalism.
a
Deputy Minister of Media,
Information and Publicity, Jameson Timba said “there is limited media freedom in
Zimbabwe” but noted that “opportunities to create plural voices do exist under
the existing laws.” Timba cited amendments made to media laws enacted in January
10, 2008.
He said Zimbabwe has the
capacity to have more media in broadcasting including 31 local commercial radio
stations and 60 district-based community-based radio stations as well as an
additional unallocated 13 medium wave channels. He criticized continued threats
and arrests of journalists
“We need to shout loud
enough and say that is not right for our country. A free press and freedom of
expression is a necessary for democracy and that we must defend as a matter of
principle,” said Timba.
The ‘Lost Voices’ will be
housed at the U.S Embassy’s Public Affairs auditorium until the end of May 2009.
Note: See the full
transcript of Ambassador McGee’s remarks at
http://harare.usembassy.gov/wpfd_speech.html
# # #
This report was produced
by the U.S. Embassy Public Affairs Section. Queries and comments should be
submitted to Tim Gerhardson, Public Affairs Officer, Tel. +263 4 758800-1, Fax:
+263 4 758802, E-mail: hararepas@state.gov
Govt intimidates journos
http://www.thezimbabwean.co.uk
Tuesday, 05 May 2009
HARARE-The
Zimbabwe government has finally managed to intimidate the
bulk of
journalists from attending the long awaited all stakeholders
conference
slated for 6-9 April by re-incarcerating scribe as well as human
rights
defender Jestina Mukoko while launching a massive manhunt for
photo-journalist Andrison Manyere.
Government sources said senior
ZANU-PF members had made it clear that
they were against the conference,
that seeks to redress the media landscape,
in the first place.
On
Tuesday, the Media Alliance of Zimbabwe (MAZ) comprising the
Zimbabwe Union
of Jounalists, Media Institute of Southern Africa-Zimbabwe
Chapter and the
Voluntary Media Council of Zimbabwe released a joint
statement making its
intentions known that they will boycott the event that
has gobbled thousands
of US dollars in administration, logistics, food,
transport and
accommodation.
" The Media Alliance of Zimbabwe advises members of the
Zimbabwean
public, the Ministry of Media, Information and Publicity, and
Members of
Parliament of its decision not to attend the Zimbabwe All
Stakeholders Media
Conference scheduled for this week from the 6th to the
9th of May 2008 in
Kariba," read part of the statement.
" This
decision was made following the re-arrest and detention of
human rights
defenders, in particular Zimbabwe Peace Project director Ms.
Jestina Mukoko
and freelance journalist Mr. Andrisson Manyere on charges
that can only be
considered political. It is MAZ's view that their
re-detention represents
an apparent abuse of the judicial process which
undermines the spirit and
letter of the Global Political Agreement,
especially as regards the
restoration of a political environment that is
democratic and respectful of
the rule of law, as well as cognisant of the
urgency of ensuring the
security and freedom of human rights defenders and
citizens in
general.
It is in this context, MAZ said it considered it impossible to
participate at the conference when human rights defenders and journalists ,
who are presumed innocent until proven guilty, continue to be targets of
government repression.
"MAZ remains committed to engaging the
government to ensure that
genuine media law and policy reforms are made in a
politically conducive
environment, and according to the letter and spirit of
the GPA," the
statement said.
Meanwhile, Harare journalists
yesterday marched in the city to
commemorate World Press Freedom Day before
handing over a petition demanding
media reforms to the Speaker of Parliament
Lovemore Moyo.
Zimbabwe's education crisis
The new school term has started in Zimbabwe, and
teachers there have called off a strike despite their wage demands not being
met.
Education minister, David Coltart, said the government had no money to raise
teachers' salaries, but he had agreed to help teachers by giving their children
free schooling.
However, there remains an education crisis in the country: two out of every
three children do not go to school and nine out of ten parents are
unemployed.
Even those who do have a job often find that government school fees are
several times their salary.
First broadcast 5 May
2009
Zimbabwe: 'clothes are a luxury'
Updated on 05 May 2009
By Channel 4 News
At the start of a new school term in Zimbabwe one teacher cannot
even afford to replace her shoes on her wages, writes Helen.
"Government coffers are bare" was the message to school teachers from
Education Minister David Coltart. Promises of increases coming (hopefully from
the donor community) and the waiving of school fees for the children of
teachers, broke the strike threatening the re-opening of schools on Tuesday.
It's a short term solution in a country running on promises and the good
will of an exhausted and impoverished population. Even the promises are cause
for much scepticism. Everyone knows that as long as the unity government does
not address the fundamental issues of human rights and law order, international
aid is not going to be forthcoming.
"Clothes are a luxury," one teacher
told me a few days ago as we talked about whether she would go back to work or
not. "How can I stand in the classroom with these talking shoes?" she asked me.
The teacher lifted her foot and showed me the sole peeling away from the upper
and flapping at every footstep.
A qualified senior school teacher with
twenty years experience, the woman said she does not have a car, computer or
even a mobile phone and her life has been reduced to survival levels.
"I
was thinking of going South to work as a maid for three months," the teacher
told me. It's something that many of her colleagues have been doing: going to
South Africa and working as cleaners, child minders, house workers or cooks in
order to earn enough money to survive on for a few months when they come back to
Zimbabwe.
All government teachers are earning US$100 a month which is
called an "allowance" and an additional Zimbabwe dollar amount which is
deposited into local bank accounts.
The Zimbabwe dollar component of the
monthly salary is worthless as the local currency has been suspended and there
aren't even any bank notes in circulation anymore. Why the government continues
making Zimbabwe dollar payments to civil servants is a complete mystery and an
example of the total confusion prevailing at all levels of the country.
Two months ago a normal residential telephone account
was the equivalent of US$2, this month it is US$300.
Clothes being a luxury for a teacher is the tip of the iceberg for the crisis
situation facing all civil servants. Telephone accounts for April have just come
out. The bills are not delivered or posted to customers but instead are dumped
in cardboard boxes at the telephone company offices. Not in alphabetical or
address order, you have to sort through thousands of bills looking for your name
on an account.
Two months ago a normal residential account was the
equivalent of US$2, this month it is US$300.
'That's more than 3 months
of my pay," the teacher said as we bemoaned the outrageous charges being
demanded of residents in the town. Businesses are in an equally perilous state:
where they were paying US$50 two months ago, now their accounts are for over
US$2,000.
The situation for school children is equally impossible. As I
write this blog on the first day of the new school term, two children, perhaps 8
and 10, are sitting in a tree picking guavas at the house next
door.
"Hello," I said to them. "Why aren't you at school
today?"
Giggling and squirming and looking at their feet, the boy finally
answered: "no money". Urban children are required to pay US$50 a term in school
fees. Their parents are unemployed.
Zimbabwe is stuck in a chicken and
egg situation. Aid is desperately needed but everyone, even struggling teachers,
says it must not come until the old leadership stick to the agreements and free
the media, restore law and order, restore human rights and share the power.
China gives $10
mln to Zimbabwe
http://news.yahoo.com
Tue May 5, 9:49 am ET
LUSAKA (AFP) - China has given 10
million dollars (7.5 million euros) to
Zimbabwe, half of it directly into
the state coffers, to help boost the
country's troubled economy, a Chinese
government official said on Tuesday.
"The Chinese government last week
gave our brothers in Zimbabwe five million
US dollars in cash and
humanitarian assistance amounting to five million
dollars," China's special
representative for African affairs, Liu Guijin
told reporters in Zambia's
capital Lusaka.
"We are happy with the efforts in forming a unity
government," he added.
Liu spoke shortly before 18 leading Zimbabwean
activists were detained on
charges of attempting to overthrow long-time
President Robert Mugabe, a move
that his unity government partners warned
threatened the fledgling
power-sharing deal.
Liu said that even in
the face of the global economic crisis, as well as the
falling commodity
prices, the Chinese government would continue encouraging
private investors
to Africa.
"We are encouraging our people to create more jobs
opportunities in Zimbabwe
and the rest of the continent," Liu
said.
The new Zimbabwe unity government, which only took office in
February said
it needed more than 8.5 billion dollars (6.4 billion euros)
over three years
to haul the country out of economic ruin.
Last week,
Industry Minister Welshman Ncube told state media that Zimbabwe
had secured
400 million dollars in credit lines from neighbouring countries
to revive
the country's economy.
The report did not say which countries would
extend the credits or what form
they would take.
Angry Residents Demonstrate, Threaten ZESA Employees
http://www.radiovop.com
MASVINGO, May 4
2009 - Riled by the shocking electricity bills from
the Zimbabwe Electricity
Supply (ZESA) Holdings, hundreds of residents took
to the streets Monday
afternoon and headed to the authority's local offices,
where they threatened
to beat up workers, before heavily armed police
ruthlessly crashed the
demonstration.
Clad in black- symbolizing darkness brought
about by power outages -
the residents, singing and carrying banners, forced
senior management to
lock themselves up after they threatened to mete out
instant justice on ZESA
employees.
The incident came hardly
twenty four hours after electricity supplies
to the whole of Masvingo town
were cut off for fourteen hours, leaving the
residents without water
supplies due to non-functioning water pumps, which
require electricity.
Worst affected were public institutions such as the
General Hospital, as
well as the Great Zimbabwe University (GZU).
"How can they
charge us USd 30 per month when we spend so many days
without electricity?
They should be realistic as their bills are out of this
world. Where do we
get the money from when our wages are pegged at USd 100,"
said one
protestor.
Security personnel at ZESA had a tough time as they
tried to lock the
doors to stop the demonstrators gaining
entry.
The skirmishes only ended after police details, armed to
the teeth,
descended heavily on the residents. They beat up everyone in
sight,
including vendors, leading to the injury of an octogenarian, whose
name
could not be obtained as police whisked her away.
Ten
people were arrested.
"I can confirm that the police
arrested ten people who were part of
protesters who took to the streets
without police clearance and wanted to
take the law into their hands after
threatening to assault ZESA officials,"
police provincial spokesperson,
Inspector Phibion Nyambo confirmed.
Earlier on, ZESA had given
a deadline for residents to pay,
threatening to disconnect electricity
supplies.
But the residents said they did not have the money,
or were unwilling
to pay as they are always without
electricity.
Meanwhile ZANU PF Minister of Tourism and Hospitality,
Walter Mzembi,
came face to face with the dilapidated state of hospitals
after her wife
sustained an ankle injury but failed to get treatment,
forcing him to donate
bandages and crutches to the under-equipped Masvingo
General Hospital
Monday.
Mzembi's wife Barbra sustained
an ankle injury on Sunday but failed to
get treatment, as the hospital had
no bandages and necessary drugs. He
rushed to other private hospitals, but
there was no electricity the whole
day.
The Masvingo South
Member of Parliament (MP)'s wife was however lucky
as power supplies were
restored at around seven in the evening when she went
to Makurira Private
Hospital.
Mzembi told RadioVOP that he was forced to donate
after seeing the
situation on the ground at the province's largest referral
centre.
Masvingo hospital has gone for a week without water; the
mortuary is
not working, while drugs are short.
"This is a
small gesture borne out of my own circumstances. I had to
donate after
seeing the situation on the ground, the circumstances are so
terrible. When
my wife developed an ankle injury, I came here, failed to get
any help due
to shortages of drugs, rushed her to Makurira hospital but
there was no
electricity, but I was lucky as power was restored an hour
later," Mzembi
said.
He challenged politicians to walk their talk as many ZANU
PF MPs as
well as aspiring ones, had promised to rehabilitate the hospital,
but up to
now, nothing has transpired.
"Politicians should
not just talk about donating to the hospital when
they are campaigning for
votes during election period. I remember the last
time, there were promises
of building a mortuary, but up to now, nothing has
happened," he
said.
Mzembi also called for the re-appropriation of the
generators donated
by the Reserve Bank last year as some were given out to
rural areas where
they are not being used while critical areas like the
hospital do not have
any.
Ben
Freeth on 'offer' letters to 13 white farmers
http://www.swradioafrica.com/
White Farmers get Offer
Letters:
Dear JAG,
I was amused by the striking headline in the
State owned Herald that says
boldly: "White Farmers get offer
letters."
There are apparently 13 lucky white fellows who have been
"complying with
all the terms of the land Reform Programme." These
farmers are
described by the lands committee Chairman and Guruve District
Administrator
as "co-operative and hardworking."
It would be
interesting to look at the process by which the lucky 13 have
been selected.
What objective set of criteria has been used?
What objective court has
considered the criteria? What "fair" trial process
has been followed to make
a Judgement as to whether the white farmer is
"complying" enough or being
"cooperative" or "hard working" enough?
Now that the lucky 13 have
apparently got their letters it is important that
they read the last point
of the offer letter - point 7. It states
that: "The Minister reserves the
right to withdraw or change this offer
letter if he deems it neccesary....In
the event of a withdrawel or change of
this offer, no compensation arising
from this offer shall be claimable or
payable whatsoever."
No bank is
going to finance the lucky 13; but if they somehow grow a crop
the Minister
may decide, at time of harvest, that the offer letter will be
withdrawn in
favour of someone else. The reaping of crops that the chefs did
not sow
appears to be a good way of keeping them happy. It is happening on
Mount
Carmel Farm as I write. Every mango in the supermarkets of Harare is
currently a stolen one from Mount Carmel farm.
The other issue that
the lucky 13 will have to consider is if they sign the
acceptance terms of
the offer letter, they are condoning laws that have been
struck down in
international Courts and accepting that they do not own their
farms or their
homes any longer. By signing the offer letter are they
signing away their
title and their right to be compensated for it? By
accepting the offer
letter are they also legitimising offer letters so that
the next happy
fellow that comes along clutching an offer letter for "his"
farm with a
smile like a person who has won the national lottery, can just
move in and
take over and start harvesting the crops that he never sowed?
If Zimbabwe
is going to go forward, property rights with a strong collateral
value need
to be restored and expanded into areas where the people never
enjoyed title
in the past. Farming is a long term business if it is to be
succesful.
Without investment security, farming does not work. The whole of
history
supports this statement.
Offer letters and flimsy 99 year lease
agreements that can be cancelled at
any time and are given or cancelled on
the basis of patronage depending on
whether a farmer is percived to be
supportive of "the Party" or not, are
going to see the whole of the
Zimbabwean population continue to flounder in
an unforgiving sea. If
Zimbabweans are to stop sinking and starving and
becoming poorer, the issue
of proper property rights is going to have to be
addressed. Sadly, with the
continued farm invasions and the continued theft
of whole crops, there is
little evidence to suggest that this is anyway a
priority with the Zimbabwe
Government at this time.
Ben Freeth.
Amnesty condemns 'political' detentions in Zimbabwe
http://www.africasia.com/
LONDON,
May 5 (AFP)
Amnesty
International condemned the detention of 18 leading activists in
Zimbabwe on
Tuesday as political and said their plight cast a "dark shadow"
over the
country's unity government.
"The trial of these human rights activists
has all the hallmarks of a
political trial," said Veronique Aubert, deputy
director of the London-based
rights organisation's Africa
programme.
"The charges appear to be similar to the charges used during
the 2002
treason trial of Morgan Tsvangirai, now prime
minister."
Amnesty said it considered the 18 to be "potential prisoners
of conscience",
and called for their immediate and unconditional release, or
for them to
receive a prompt and fair trial.
"The detention of these
activists casts a dark shadow over the inclusive
government and calls into
question its commitment to ending a culture of
human rights violations used
by the previous government against perceived
opponents," Hubert
added.
Prominent rights campaigner Jestina Mukoko and 17 others were
taken back
into custody on Tuesday, just two months after their release on
bail over an
alleged plot to overthrow President Robert
Mugabe.
Amnesty urged the immediate release of Mukoko, saying she was
being held
"solely for her legitimate rights work" as head of the Zimbabwe
Peace
Project.
Britain criticises Zimbabwe detentions
http://www.africasia.com/
LONDON,
May 5 (AFP)
Britain expressed
disappointment Tuesday at the renewed detention of 18
leading activists,
saying it risked overshadowing the progress made by the
country in recent
weeks.
Foreign Secretary David Miliband said: "The new government in
Zimbabwe has
made some notable progress since its inception in
February.
"This makes news of the return to custody of 18 high-profile
political
detainees all the more disappointing," he added in a
statement.
Miliband reiterated that the release of all political
detainees was "one of
the principle conditions for full international
re-engagement with
Zimbabwe".
He said that in a meeting in London
last week with Zimbabwe's new finance
minister Tendai Biti, he had welcomed
the "credible start" to the new
government's reform efforts.
"The
return to custody of political detainees further highlights the reform
needed in the judicial sector," Miliband said.
He said Britain and
its international partners "continue to monitor the
situation closely on the
ground and continue to maintain close dialogue to
encourage progress on
reform."
Zimbabwe Prime Minister Morgan Tsvangirai's party has warned
that the
detention of the activists threatens the survival of the country's
fledgling
unity government.
Prominent rights campaigner Jestina
Mukoko and 17 others were returned to
custody Tuesday, just two months after
they were freed on bail over an
alleged plot to overthrow President Robert
Mugabe.
Daily cholera update and alerts, 04 May 2009
* 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:
- 89 Cases and 3 deaths added today (in comparison with 40 cases and 0 deaths
yesterday)
- Cumulative cases 97 7795
- Cumulative deaths 4 265 of which 2 617 are community deaths
- 100.0 % of the reporting centres affected have reported today 30 out of 60
affected reporting centres
- Cumulative Institutional Case Fatality Rate = 1.7%
- Daily Institutional CFR = 0 %.
- Data Cleaning
- Additions to community deaths
- Bindura- 1 death
- Masvingo 2 death
- Deduction in cumulative deaths
total
Zimbabwe gold
output plunges, recovery glimmer
http://uk.reuters.com
Tue May 5, 2009 1:08pm BST
*
Output plunges after mining firms close ops
* New incentives give hope to
sector
By MacDonald Dzirutwe
HARARE, May 5 (Reuters) -
Zimbabwe's gold output plunged 76 percent during
the first four months of
2009 after most miners shut their operations last
year at the height of a
political crisis, a senior industry official told
Reuters on
Tuesday.
Gold producers are now re-starting production after new rules
allowed them
to sell gold directly to the world markets but uncertainty over
ownership
laws is likely to keep big mining houses away from exploring the
country's
rich mineral deposits.
Chamber of Mines President, David
Murangari, said the entire mining sector
was struggling due to lack of
capital to re-start and increase production.
"The major challenge to the
mining sector at the moment is financing needed
to resume production as well
as re-start exploration and development of new
deposits. This is
particularly so for gold mines," Murangari said in an
email in response to
questions from Reuters.
Murangari said gold output between January and
April this year stood at 335
kg, down from 1,407 kg during the same period
in 2008.
Gold production for the whole of last year hit a record low of
3,072 kg from
6,798 kg in 2007. At its peak, Zimbabwe produced an average of
2,400 kg of
gold a month.
Gold contributes one-third to Zimbabwe's
dwindling export earnings since the
collapse of commercial agriculture after
President Robert Mugabe's
government started in 2000 forcibly taking land
from white farmers to
resettle blacks.
Miners have since 2002
struggled with a political and economic crisis and
foreign currency
shortages, forcing mines to shut down while skilled labour
flocked to
neighbouring South Africa and as far as Australia.
But gold producers now
want to re-open their mines after Zimbabwe's central
bank in February
relinquished its role as sales agent for gold, allowing
firms for the first
time to sell the metal and keep all the proceeds.
[ID:nLK34211]
The
country's biggest gold producer, Metallon Gold, London-listed Mwana
Africa
(MWA.L) and Canada's New Dawn Mining Corp (ND.TO), have plans to
re-open
their mines within months.
Formed in February, Zimbabwe's new unity
government of Mugabe and his main
political rival Morgan Tsvangirai ended a
long period of uncertainty and
this has buoyed investor interest in mining,
Murangari said.
"There are several enquiries from new investors
interested in investing in
the mining sector. This is more so after the
formation of the inclusive
government," he said.
"The formation of
the inclusive government should help encourage investment
in the mining
sector as this builds confidence in the future stability of
the
country."
But existing gold miners are still owed millions by the
government for their
past gold deliveries, Murangari said.
"A final
decision (on this issue) is needed from government to assure
investors who
are appearing hesitant to put new money to resuscitate the
gold sector," he
said.
(Editing by James Macharia and Peter Blackburn)
(macdonald.dzirutwe@reuters.com;
+263 4 799 112)
Zimbabwe
firms in survival mode as global crisis bites
http://www.apanews.net
APA-Harare (Zimbabwe)
Zimbabwean financial institutions and companies have
devised ways of
loosening the grip of the global financial crisis on their
operations,
thanks to nine years of valuable experience in survival tactics
during
difficult economic times.
For the average Zimbabwean company or
organisation, the global crisis is a
continuation of the tight operating
environment that they have become used
to since 2000 when the country's
economic and political crisis started.
The only difference is that this
time around the crisis is geographically
wider and also affecting those few
friendly countries and companies that
offered valuable support during a
difficult past nine years.
To cushion themselves against the global
credit squeeze, Zimbabwean
financial institutions have tightened lending
processes and aligned interest
rates to a regional average.
"Due to
the country's sovereign risk profile and the generally tightening
credit
conditions globally, it has become more difficult for local financial
institutions to get lines of credit from their partners abroad. The local
banks have likewise also tightened their own lending policies to ensure they
don't expose themselves to non-performing loans," said an official with
Zimbabwe's Kingdom Bank.
Stringent lending policies are not a new
thing in Zimbabwe whose recent
history is littered with carcasses of
collapsed financial institutions and
banks that had to be quarantined to
avoid the spread of systemic risk
following years of
mismanagement.
Interest rates have been aligned to rates in South Africa,
with the average
rate being six percent above the LIBOR.
The average
Zimbabwean company has also adjusted to the global crisis by
avoiding
borrowing as much as possible and relying on internally generated
resources
to stay afloat.
With lines of credit difficult to come by, most
Zimbabwean firms have had to
channel profits back into production in order
to keep businesses going.
The global crisis has had its own victims,
though.
At least four gold mines were closed at the end of 2008 due to
viability
problems caused by poor international prices and an unfavourable
regulatory
environment.
Several other companies, including one of the
country's leading roofing
sheet manufacturers, have had to downsize
operations due to weak demand for
their products.
JN/nm/APA
2009-05-05
Zimbabwe
Business Watch : Week 19
http://www.sokwanele.com/thisiszimbabwe/archives/4087
The feared carry over of the reckless
policies of the once self imposed
"Minister of Finance", Dr Gono, are being
felt right now.
The legacy of populist policies is evident as businesses
struggle to reach
or maintain viability. Dollarisation has compounded this
as revenue earning
capacity of most enterprises is strangled because of lack
of finance.
Some economists predict that it will take billions of dollars
just to
re-stock the retail and wholesale sectors.
Companies lost the
bulk of their financial resources as zeros were struck
off the value of the
dollar and circumstances demanded that Zim Dollars were
converted quickly to
available resources of any kind that held their value.
A massive injection
of capital is required but the financial sector does not
have the capacity
to deliver to under resourced industry and commerce. This
will only be
corrected when then is full compliance with demands for the
return to the
rule of law and restoration of title.
The Transitional Government is
plagued by problems as Robert Mugabe still
refuses to honour critical
demands of the MOU such as appointment of
Governors, Ambassadors, Permanent
Secretaries and the Deputy Minister of
Agriculture.
Farm invasions
continue in the midst of the efforts to restore the country's
creditability.
This entry was posted by Sokwanele on Tuesday,
May 5th, 2009 at 11:41 am.
Legal
and political intrigue in the curious case of Mukoko and others
http://www.newzimbabwe.com
By Alex
Magaisa
Posted to the web: 05/05/2009 16:34:11
FOR the last six months, I
have been closely following the matter of Jestina
Mukoko and 17 other
activists who spent months in prison before being
released in early March
2009.
Others like Gandhi Mudzingwa, Chris Dlamini and Anderson Manyere
have
remained in custody since December despite being granted bail by the
High
Court. They have been tortured and subjected to inhumane and degrading
treatment. All this in a country that claims to be rehabilitated and in need
of assistance to go forward!
On Tuesday, we read that Mukoko and his
colleagues had been re-detained at
Chikurubi Maximum Security Prison
following proceedings at the Magistrates'
Court in Harare.
Now, I am
not a criminal lawyer but I like to think I can still read
criminal
legislation in the context of our political situation. I am
interested to
discover if this really has anything to do with the law.
The following is
my attempt to shed light on what I believe is happening;
why it may well be
within the law but is nevertheless ridiculous, given the
overriding national
interest.
I will attempt as much as possible to put the language in
layperson's terms,
although this is at the risk of oversimplifying it,
something that might
disappoint my colleagues in the law.
What's the
basis of the re-detention?
I understand that the basis upon which
Magistrate Catherine Chimhanda made
her decision to re-detain Mukoko and
others is Section 66 of the Criminal
Procedure and Evidence Act [Cap
8:07].
This law provides for the procedure for bringing an accused person
to trial
before the High Court. This simplified procedure, commonly known as
the
"direct indict" procedure is a departure from an old procedure which
required a preparatory examination in the Magistrates' Court before
indicting the accused person in the High Court for trial.
The types
of offences that are tried by the High Court are called
"indictable
offences". Thus a person must be indicted - technical language
for the
formal procedure of charging the person.
Subsection 1 of this provision
states that:
"If the Attorney-General is of the opinion that any person
is under
reasonable suspicion of having committed an offence for which the
person may
be tried in the High Court, the Attorney-General shall cause
written notice
to be served on -
(a) a magistrate for the province
within which the person concerned resides
or for the time being is present;
or
(b) any magistrate before whom the trial of the offence could be held
in
respect of the offence concerned; informing the magistrate of his or her
decision to indict the person concerned for trial before the High Court and
of the offence for which the person is to be tried."
Essentially,
therefore, all the Attorney General needs to do is to issue a
written notice
to the magistrate merely informing her that he has made the
decision to
indict, i.e. to formally accuse a person for trial at the High
Court.
The AG must of course state the offence. It is worth noting
here that the AG
is not asking the magistrate for permission to do so. He is
not placing
evidence before the magistrate - he is merely 'informing' her of
his
decision and of the offence.
Subsection 2 then states:
"On
receipt of a notice in terms of subsection (1), the magistrate shall
cause
the person concerned to be brought before him or her and,
notwithstanding
any other provision of this Act, shall forthwith commit the
person for trial
before the High Court and grant a warrant to commit him or
her to prison,
there to be detained till brought to trial before the High
Court for the
offence specified in the warrant or till admitted to bail or
liberated in
the course of law."
This means that once the magistrate has received the
notice from the AG, she
is required to call the accused person to be brought
before her court. The
provision uses peremptory language, i.e. the
magistrate "shall forthwith"
commit the accused person for trial before the
High Court and also grant a
warrant to commit the accused person to prison,
where the accused person
shall be "detained" until brought to trial or until
"admitted to bail or
liberated in the course of law".
This language
shows that, once the notice has been issued by the AG, the
matter is by and
large beyond the magistrate's control.
In the case of Mukoko and others,
all that it took was for the AG to issue
the notice to the magistrate, as he
did on May 4, 2009. The effect of that
notice is to cause the accused
persons to be sent to prison and the
magistrate does not seem to have any
discretion on this - under the
provision, she has to grant a warrant for the
accused people's committal to
prison.
Under the provisions quoted
above, the magistrate has little, if any, power
to question the nature and
quality of evidence that the AG uses to indict
the accused person. That
explains why Mukoko's lawyers are not challenging
the legality of what she
has done but instead sought to ask for evidence of
the political decisions
behind the March bail to be heard.
The irony here is that it is the
political decisions that have probably
caused the AG to issue the present
notice that has caused the re-detention.
The magistrate's position would not
have changed for the simple reason that
she does not have the
power.
For the avoidance of doubt, it is important to note that the AG
could have
done what he has done even on the day that Mukoko and others were
released
in early March. He could have done it a day later, two days later,
indeed
any day after their release.
What then has changed? Have they
suddenly got enough evidence to give them
reasonable suspicion? Perhaps. But
there could be another motive, which has
little to do with the
law.
That the AG chose to do so on Monday, May 4, has to be considered
within the
context of the on-going political negotiations, which have
probably hit a
sticky patch.
A new legal roller-coaster
This
means that the accused persons, Mukoko and others, now have to restart
the
whole process of applying for bail, again. We know the tortuous road
they
have had to travel before. We know the legal bungee-jumps they have
been
subjected to as they were made to hop from one court to another, all in
vain
until early March when they got temporary respite.
So what's the problem?
Is it the law? Is it the magistrate? Not quite. It is
the same creature I
have mentioned in my work before - the "human factor".
Would it have made
a difference under the older version of the law which
required preparatory
examinations? Perhaps, then again perhaps not - it
could simply have added
complications.
Those old provisions were removed for a good reason and
the justice system
is predicated on the basis that the officers of the law,
the AG included,
will uphold the Constitution and behave in a civilised
manner. It is
expected that the AG will be fair, reasonable and use the
powers he has in a
lawful manner, i.e. that there will be no abuse of his
authority. The
presumptions are misplaced in today's Zimbabwe.
Now,
why surely, must these accused people be sent to prison, two months
after
getting bail? They have not breached their bail conditions (at least
there
is no allegation that they have). Given the seriousness of the charges
they
are facing, one might have thought they would do a runner, especially
having
been subjected to inhumane and degrading treatment during that
initial
detention. They did no such thing.
We should also not lose sight of the
fact that the current indictment -- six
months after their initial abduction
-- indicates very strongly that their
initial detention was unlawful. How do
you arrest someone on December 4,
2008, (in Mukoko's case) and spend a whole
six months before deciding that
there is a "reasonable suspicion" that the
person committed an indictable
offence, especially given the gravity of the
alleged offence?
A doomed union?
Cynics will be forgiven for
holding on to the view that the cases were
always politically-motivated.
They have been resurrected in part due to the
challenges of the current
negotiations on "outstanding matters" from the
Global Political Agreement
(GPA).
As always, the law is a good veil of legitimacy. Soon, the
justifications of
"the rule of law" will be heard from those pulling the
strings. There is
nothing inherently wrong with the law. The magistrate has
done nothing
wrong - she has no power over this, legally let alone
politically!
To my mind, the problem is simple: It is that those charged
with power have
seen it fit to tighten the vice-grip on the cojones of Msrrs
Morgan
Tsvangirai, Arthur Mutambara, et al. These poor souls now detained
are the
pawns. It's crazy. It's ridiculous.
I had wanted to believe
very strongly that there is something beautiful that
can be salvaged from
this political hybrid. But with each passing day, even
my own optimism,
which, I must admit can be overly naive, has taken a huge
knock.
Dr
Magaisa is a Zimbabwean lawyer based at Kent University. E-mail him:
wamagaisa@yahoo.co.uk