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Zimbabwe activists sent back to prison

http://www.telegraph.co.uk/
 
Zimbabwe's unity government has been dealt its heaviest blow so far after 18 political and human rights activists were sent back to prison.
 
Jestina Mukoko: Zimbabwe activists sent back to prison
Jestina Mukoko, a Zimbabwean human rights activist and director of the Zimbabwe Peace Project, has been sent back tp prison Photo: AP

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.


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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.


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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.


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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.


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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


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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.


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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.


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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



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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.


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Zimbabwe's education crisis

http://www.bbc.co.uk/
 
5 may, 2009 - 12:24 GMT

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.

A classroom in Harare, Zimbabwe (archive photo)

Zimbabwean journalist, based in South Africa, Basildon Peta

First broadcast 5 May 2009


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Zimbabwe: 'clothes are a luxury'

http://www.channel4.com

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.

School children in Zimbabwe (credit:Reuters)

"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.

 

 


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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.


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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.


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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.


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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.


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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.


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Daily cholera update and alerts, 04 May 2009


 Full_Report (pdf* format - 182.9 Kbytes)


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

Any change will then be explained.

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

A. Highlights of the day:

- 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
  • Gokwe South – 6 deaths


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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)


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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


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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.


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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

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