High Court delays ruling on detainees' bail and clerk of court arrested

http://www.swradioafrica.com

8 May 2009
By Violet Gonda

The three political detainees still in custody will spend some more days not
knowing their fate, after High Court Justice November Mtshiya deferred a
ruling on their matter to Monday. Furthermore, the ruling is not going to be
on whether or not the accused persons are entitled to bail, but merely on
whether or not they should be heard.

The defence team representing journalist Shadreck Manyere, plus MDC
officials Chris Dhlamini and Gandhi Mudzingwa, had filed an urgent bail
application in the High Court after 13 other persons accused with them had
been released on Wednesday. But on Friday the State opposed the hearing of
the three persons bail application, saying there was already a pending issue
in the Supreme Court.

Lawyer Alex Muchadehama said a pending application submitted before the
Supreme Court by the State was now more of an academic argument, as it has
been overtaken by events - such as the formal charging of the accused.

The group of accused persons, facing charges of plotting to overthrow the
Mugabe regime, were indicted on Monday and the defence argument is that the
indictment made it possible for the remaining three to apply for bail, on
the grounds of changed circumstances. This means the indictment cancels all
other matters that were pending before that, and gives the individuals the
right to re-apply for bail.

This resulted in the judge deferring the ruling on 'this preliminary point'
to Monday.  Friday's deliberations did not get into the merits of the
accused persons' entitlement to bail. This will only be heard depending on
the judge's decision on Monday. The defence team fear that chances of the
detainees remaining in custody are high, as the State can still revoke the
judge's decision and appeal in the Supreme Court - if the ruling is not in
their favour.

Meanwhile, the saga concerning the three detainees reached new heights on
Friday when Constance Gambara, a clerk to High Court Justice Chinembiri
Bhunu, was arrested for allegedly assisting defence lawyers in paying an
earlier bail for the three.

On the 17th April Justice Hungwe granted Manyere, Dhlamini and Mudzingwa
bail, but the state was unhappy with this and an argument between the legal
teams ensued. The major issue had been over the interpretation of the 'seven
day period' as the defence team argued that the State had missed the
stipulated period for an appeal.

The clerk of court's alleged offence was that she took the record from her
office and took it to the Registrar, who signs bail orders.  Rights lawyers
say this is a normal procedure.

Gambara appeared in the Magistrates Court and was charged with abusing the
public office. Magistrate Catherine Chimhanda granted her bail, but as usual
the State invoked a section of the notorious Criminal Law (Codification and
Reform) Act to appeal against this.

This means the clerk will remain in custody, awaiting the State's appeal,
which has to be done in seven days. Lawyer Charles Kwaramba said the
unfortunate officer, who was breastfeeding her nine-month old baby while she
was in the dock on Friday, has been arrested for simply doing her job.

He said: "She had nothing to do with the interpretation (of the seven day
appeal). She simply read our letter and she is not even the one who signed
the bail orders. She simply took the file from one place to the other place.
As far as I am concerned this is pure rubbish."

MDC-M suspends three MPs and three others including Job Sikhala

http://www.swradioafrica.com

By Tichaona Sibanda
8 May 2009

The MDC- M, under the leadership of Deputy Prime Minister Arthur Mutambara,
has suspended three of its MPs for allegedly 'pushing a motion of
no-confidence' against the leadership of the party.

The three MPs, Abednico Bhebhe of Nkayi West, Norman Mpofu of Bulilima East
and Njabuliso Mguni from Lupane North were alleged to be increasingly at
odds with the party. They were officially suspended on Friday by Lyson
Mlambo, chairman of the party's disciplinary committee.

The other three officials who have been suspended are the outspoken former
St Mary's MP Job Sikhala, national youth Chairman Gift Nyandoro and Alex
Goosen, a white commercial farmer.

The suspension of the three MPs and three officials is set to transform
existing differences between the party's legislators and leaders into open
warfare. Analysts say if the political unrest in the party is not handled
expertly, it may explode into a crisis that may even lead to a break-up of
the formation.

In response to his suspension Bhebhe, who has openly been at odds with
Mutambara and secretary general Welshman Ncube, queried the move saying 'how
do you get suspended when you've not been spoken to-when you have not
committed a crime you have been told that you committed.'

He claimed his suspension, along with that of his colleagues, was illegal.
He said he was not going to react to anything now until someone from the
party speaks or writes to him.

'Something somewhere is wrong. Something somewhere is illegal. Unless and
until we are talking about democracy.we are fighting ZANU PF accusing it of
being undemocratic and we start doing twice what ZANU PF was doing.then we've
got a problem. We would rather pack our bags and go home and sit,' Bhebhe
said.

Sikhala said the suspension was a blessing in disguise and he was not going
to contest it. He described himself as 'free at last' from the clutches of a
'retrogressive group led by an invited guest' adding 'I am moving away from
them until the second coming of Jesus Christ.'

'My conscience for a long time has been telling me I'm in a wrong group. I
am not going to contest that suspension. I'm not going to have anything to
do with that group. They represent the most retrogressive forces of darkness
that were more than those represented by Abel Muzorewa when he tried to
reverse the people's liberation struggle before independence,' Sikhala said.

The fiery former legislator knew something was going to happen when he was
tipped off by people in ZANU PF, following that party's politburo meeting on
Wednesday. Sikhala claimed he was 'skinned alive' for opposing the inclusive
government to a point where Mugabe was instructed by his peers to approach
Mutambara about the issue.

'You will be surprised by the number of calls I received from ZANU PF
officials warning me of the impending disciplinary action. The suspension of
all these other MPs is just a cover, the real person they were after was me,'
Sikhala said.

'I am not wrong when I stick to my proclamations that some leaders from my
former party have become puppets and surrogates of Robert Mugabe. They are
now ZANU PF. How else do you interpret the events from the politburo meeting
to our suspension today (Friday)? Asked Sikhala.

Zimbabwe PM to launch land commission

http://news.yahoo.com

1 hr 42 mins ago
JOHANNESBURG (AFP) - Zimbabwe Prime Minister Morgan Tsvangirai said Friday
that a special commission will be formed to oversee the country's troubled
land reform programme.

"We are going to conduct a land audit. We also want to establish a land
commission where everyone can apply for land," Tsvangirai said in a public
debate.

"Land is a complex issue, it needs to be handled with care. We must deal
with this issue once and for all, otherwise it will come up every time there
is conflict," added Tsvangirai.

Tsvangirai last month decried fresh land protests and warned that those
responsible for farm disruptions risked arrest.

President Robert Mugabe has denied such action was taking place, but vowed
to continue land reforms.

"The land invasions and other sporadic acts of violence were undermining the
efforts of the unity government to source investments from other African
countries and abroad," said Tsvangirai.

The land reforms launched in 2000 aimed to resettle blacks on 4,000
white-owned commercial farms, but the process was marred by
politically-charged violence.

The scheme has drastically reduced agricultural production, which once
accounted for 40 percent of the economy.

Now more than some seven million people, more than half the population, rely
on international food aid.

"There is a small minority of people in Zimbabwe who benefited from the
previous regime and refuse to accept the efforts made by the new
government," Tsvangirai added.

Anger over Mugabe's presence at SA presidential inauguration

http://www.swradioafrica.com

By Alex Bell
08 May 2009

Robert Mugabe's planned presence at Saturday's inauguration ceremony for
South African President elect Jacob Zuma has sparked an outcry from human
rights activists and pressure groups in South Africa.

Mugabe and Prime Minister Morgan Tsvangirai have both been invited to attend
the ceremony as Zimbabwe's joint leaders, despite the bitter rivals being
locked in tense crisis talks aimed at resolving outstanding issues of the
unity government. The stability of the coalition deal has come under threat
by Mugabe's repeated violations of the Global Political Agreement, which
South Africa as current chair of SADC, brokered.

Pressure group Afriforum, has urged the South African authorities to drop
its invitation for Mugabe to attend the multi-million rand event. But the
call has fallen on deaf ears, with Mugabe set to jet into the country on
Friday night. Afriforum instead took the protest a step further this week,
putting up posters around the Union Buildings, where the inauguration
ceremony will take place. The posters read "Mugabe go home!" and were
swiftly torn down by police officials, while Afriforum's CEO, Kallie Kriel,
has been fined for breaching city by-laws.

Kriel explained to SW Radio Africa on Friday that Mugabe should not even be
allowed into South Africa, in the light of the continued human rights
violations in Zimbabwe.  He called the unity government a 'smokescreen' for
Mugabe to cling to power, and said it was a 'disgrace' that South Africa is
entertaining a known rights abuser.

"The fact that Mugabe gets the red carpet treatment shortly after 18
activists were once again arrested in Zimbabwe, sends a negative message
regarding the South African government's approach to human rights," Kriel
added.

Kriel stated that South Africa's commitment to the protection and promotion
of human rights is already being questioned, after recent events such as the
decision in 2007 to oppose the UN Security Council's resolution against
human rights violations in Myanmar, and more recently the refusal of a visa
for the Dalai Lama. It is also ironic that the South African government has
just waived visa requirements for Zimbabweans, who are flooding into South
Africa because of the Mugabe regime. But at the same time the authorities
welcome Mugabe, the cause of the problem, with open arms.

South Africa also faces complaints over invitations extended to King Mswati
III of Swaziland, Africa's last absolute monarch, and Sudan President Omar
al-Beshir, who is the target of an international arrest warrant on war
crimes charges. Beshir is reportedly not going to attend the ceremony, and
is instead sending an envoy in his place.

Meanwhile Archbishop Emeritus Desmond Tutu, who has been critically vocal
not only of Mugabe but also of President-Elect Zuma, will not be attending
the event. Tutu has openly displayed his dissatisfaction with Zuma as the
country's next leader, even calling on South Africans to vote against Zuma
during the elections. But it's understood Tutu's absence from Saturday's
inauguration is only a result of a scheduling clash.

Zimbabwean mining firms dispute ownership law

http://www.mineweb.com

Foreign investors are concerned by the government's indeginisation laws,
which has led to many companies witholding investment needed to raise mining
production after a slump in the past seven years.

Author: MacDonald Dzirutwe
Posted:  Friday , 08 May 2009

HARARE (Reuters) -

Zimbabwe should consider scrapping provisions compelling foreign mines to
sell majority stakes to locals and instead allow miners to set their own
empowerment targets, an industry official said.

Foreign investors are concerned by the government's indeginisation laws,
which has led to many companies witholding investment needed to raise mining
production after a slump in the past seven years.

The southern African country has enacted a law which forces foreign
companies, including mines and banks, to sell 51 percent ownership to local
blacks while allowing the government to seize 25 percent of shares in some
mines without paying.

Jack Murehwa, past president of the Chamber of Mines said companies should
be allowed to draw up a timetable to meet their own targets to sell a stake
to local Zimbabweans, and the government should ensure the mining firms meet
the targets.

"We don't believe that setting up empowerment limits is the way to go, it
serves no purpose at all," Murehwa told a mining conference.

"Let the mining companies set the targets ... and leave foreign investors to
talk to potential local partners of their choice in the country," Murehwa
said, referring to a clause that allows the government to recommend local
partners.

CLOSED MINES

Anglo Platinum (Angloplat), which is developing the Unki platinum mine in
central Zimbabwe, has announced it would set aside 20 percent shareholding
for workers, communities and locals before enactment of the indeginisation
law.

Mining has become the leading source of foreign exchange for the country
with gold accounting for a third of exports, but political turmoil has led
to several mines closing.

Miners have since 2002 struggled with a political and economic crisis and
foreign currency shortages, forcing mines to shut down while skilled labour
fled to other countries. Alex Mhembere, managing director of Zimbabwe
Platinum Mines , a unit of South African firm Impala Platinum Holdings
(Implats), said 88 registered mines were in operation in the country last
year but only 20 were now working and a mere three were operating at full
capacity.

Implats, Angloplat and Rio Tinto, are some of the biggest mining companies
with interests in Zimbabwe.

Zimplats, which offered to sell 15 percent shareholding to locals but could
not find a buyer, has also in the past suggested that the government should
consider giving mines credits for development made in local communities.

"We need consistency in terms of government policies, we need clarity on
indeginisation and empowerment. The perception out there of Zimbabwe being
an investment destination is still very low," Mhembere said.

Mining companies had for the past 10 years shelved any exploration
activities because of unfavourable laws.

"Over the last 10 years we have not had exploration so we have this 10 year
gap and if we start full mining production we are going to face a slump (in
production) not far from now," Mhembere said.

USd 4m Needed to Finalise Exam Marking - Mahere

http://www.radiovop.com

HARARE, May 8 2009 - Permanent Secretary in the Ministry of Education,
Stephen Mahere, has said the ministry requires USd4 million to finalise the
marking of last year's examinations.

In an interview with RadioVOP, Mahere said the marking of scripts had
been completed but the final grading is yet to be done.

"We have no money to pay the markers and we actually owe them money.
If we can get USd 4 million today I guarantee you that in two weeks those
result will be out," said Mahere.

He said the ministry is still negotiating with potential donors who
might be willing to pay the markers.

"We are talking with the donors and we hope to get the money this
month in order to pay the markers. They are now holding us to ransom because
we have failed to fulfill previous promises," added Mahere, declining to
name the donors.

ZIMSEC'S 'Ordinary' and 'Advanced' level examination script markers
are still unpaid despite Minister David Coltart's assurances last month that
it would take UNICEF a few days to process payments. The teachers were
promised USd1 per script.

Mahere said the Ministry is in a fix and had had to come with ways of
ensuring enrollment of Lower Sixth Form students.

"We call on the schools to use a performance based approach when it
comes to enrolling pupils for form 1 as well as the Advanced level. The
process is already going on around the country and we hope they bear with us
as we finalise the marking process," said Mahere.

Teachers who spoke to RadioVOP said they were still to be paid for
marking year's examination scripts.

One marker accused the government of giving them a raw deal.

"We spent almost a month marking exam scripts and when it was pay time
we were only given bus fares to our respective schools but we are still
waiting. It seems we have been dealing with a dishonest partner who enticed
us to commit ourselves in return for nothing," said the teacher.

Another teacher vowed not to return to work until their dues had been
paid.

"Did UNICEF pledge to pay for all the marking or did Coltart invite
markers before getting the adequate money? We feel cheated as we used a lot
of money to go to the marking centres" said the teacher from Masvingo.

U.S. $40 Million Desperately Needed for Health

http://www.fingaz.co.zw/

7 May 2009

Harare - ZIMBABWE is seeking at least US$40 million to achieve 60 percent
functional levels for the health sector in 100 days starting April 28, a
government official has said.

Currently, the sector is operating at round 20 percent functional levels.
Gerald Gwinji, the permanent secretary in the Ministry of Health and Child
Welfare, said the US$40 million would be allocated towards three main areas
namely human resources, medicines and infrastructure for critical
departments such as theatres, radiology, laundry and kitchens.

At a health indaba held in March, the Ministry came up with an ambitious
list of objectives to be achieved during the lifespan of the inclusive
government.

But following the Cabinet's retreat in Victoria last month a decision was
then made to concentrate on the major areas that would enable the Ministry
to achieve modest results in the next 100 days.

"We would be looking at four major hospitals in the country; Harare,
Parirenyatwa, United Bulawayo Hospitals and Mpilo, to repair broken
equipment from these hospitals," said Health and Child Welfare Minister,
Henry Madzorera.

"Our permanent secretary (Gwinji) came up with a budget on the costing of
programmes. We are now working with a small budget as we have to look for
money for these programmes to work," he added.

Madzorera said his Ministry was working towards raising drug supplies and
consumables from 20 percent to 60 percent by the end of the 100 days imposed
by the inclusive government.

Harare Central Hospital has been given first priority as it is in a worse
state than Parirenyatwa Hospital. To date, the hospital has received US$1
million for its rehabilitation from the US$3,4 million budget allocated to
the hospital by government this year.

"The health sector has been working mostly from resources from humanitarian
and donor agencies that have funded activities such as human resources
retention, essential drugs, programmes such as HIV and Aids, TB and malaria.
The budget from the State may be small but the activities are at the level
they are because of donor support," said Gwinji.
The health sector has been surviving for the past five years without
adequate funding from government resulting in infrastructure dilapidating,
drug shortages, corrupt and fraudulent activities by health workers due to
poor working conditions.

Patients have failed to receive proper medication in most hospitals
throughout the country due to the lack of drugs or the unavailability of
health personnel who have fled the country in search of greener pastures.

Zimbabwe '09 maize output seen at 1.2 million tonnes

From Reuters, 8 May

Harare - Zimbabwe is expecting to harvest 1.2 million tonnes of maize this
season, more than double last year's output, state media reported on Friday,
but the figures are likely to be disputed by aid agencies and farmers'
groups. The southern African country has consistently recorded a decline in
the output of the staple maize crop due to shortages of farming inputs like
seed and fertiliser and has been forced to rely on imports and food aid
since 2002. Agriculture Minister Joseph Made told the official Herald
newspaper that an assessment had shown that better rains had helped increase
production and that imports would decline. The country would harvest 1.24
million tonnes compared to 500,000 tonnes last year, he said. Zimbabwe
requires 2.2 million tonnes of maize every year. "The assessment indicated
that while some areas recorded a deficit in cereal production compared to
national requirements, others are likely to have a surplus and these would
improve yields," Made said. "The improved crop assessment would also reduce
the period over which we would need to import maize and other cereals from
outside the country before the next harvest."

His comments contradicted Finance Minister Tendai Biti, who said in March
the country needed assistance with around 80 percent of its cereal
requirements. The country has set aside $65 million for grain imports. Aid
groups have said up to 7 million Zimbabweans may need food aid in 2009,
projecting that the food situation was unlikely to improve on the back of a
low harvest. The U.S. Famine Early Warning System in its last report in
March said late rains had improved the harvest prospects of the late planted
crops and that while overall output was likely to be better than last year,
millions still required assistance. The Commercial Farmers' Union, a
grouping of the country's remaining white farmers last month predicted maize
output would drop to 396,250 tonnes this year compared to 417,000 tonnes in
2008. Zimbabwe's agriculture sector has plunged since 2000 when President
Robert Mugabe targeted white-owned commercial farms for seizure to resettle
blacks, hitting an economy reliant on agriculture.

IOM and UNICEF campaign promotes safe migration and child protection

Hot reception for some Zuma guests

From Business Day (SA), 8 May

Political Correspondent

Civil rights activists have singled out Zimbabwe's President Robert Mugabe,
King Mswati of Swaziland and Sudanese leader Omar al-Bashir, calling them
unwelcome guests at tomorrow's inauguration of president-elect Jacob Zuma.
Mugabe and Mswati are expected to be among 29 heads of state and governments
who have confirmed their attendance. Another 63 countries will be
represented by deputy heads of state or other officials. Department of
Foreign Affairs director-general Ayanda Ntsaluba said yesterday al-Bashir
would not come to the event. Two independent groups were standing by to have
him arrested should he turn up. The Institute for Security Studies and the
Southern Africa Litigation Centre have lawyers on stand by, ready to act in
the event that al-Bashir arrived and local officials were reluctant to
arrest him. SA is a signatory to the Rome statute of the International
Criminal Court which two months ago issued an arrest warrant for al-Bashir.
He is charged with war crimes and crimes against humanity, arising from
atrocities committed against non-Arabs in Sudan's Darfur region.

Yesterday, as preparations for the R75m ceremony neared completion, police
removed anti-Mugabe posters along Pretoria's Church Street. Prominently
displaying a phone number, the posters of Afrikaans civil rights group
AfriForum had only one message: "Mugabe Go Home". AfriForum CEO Kallie Kriel
said it was ironic that Mugabe would enjoy red carpet treatment despite
continuing to cause misery at home. This week, 18 activists were re-arrested
and charged with plotting to topple Mugabe. They have since been released on
bail. The Congress of South African Trade Unions lent its support to a call
by the Swaziland Solidarity Network that Mswati be barred from entering SA
for the ceremony. "The presence of this despot at the inauguration will be
an insult to all the people of Africa," said spokesman Patrick Craven. But
Ntsaluba did not expect the inauguration to be disrupted by protests, saying
"In an event of this nature, there are requisite security arrangements that
have to be in place." About 5000 guests were invited. In addition to members
of the diplomatic corps in SA, there would be 100 delegations and eminent
persons such as retired heads of state from southern Africa. About 30000
members of the public were expected at the Union Buildings' south lawns.
Ntsaluba said in Kenya and Zimbabwe where there was a delicate sharing of
power between the prime minister and the president, the invitation was sent
to the president.

Michael Mugabe cannot prosecute Mukoko and others

http://www.thezimbabwetimes.com/?p=16370

May 8, 2009

By Tererai Mafukidze

MICHAEL Mugabe, a state prosecutor and son of President Robert Mugabe's late
brother Donato, recently appeared on behalf of the State in the matter
involving Zacharia Nkomo, Jestina Mukoko and many other persons accused of
sabotage, espionage, terrorism and recruiting terrorists for military
training in order to destabilise the country and remove the incumbent
President violently from office.

The recent decision by the State to get the accused persons remanded in
custody on the grounds that they had already been indicted for trial has
been adequately ventilated elsewhere, with the result that political
pressure was exerted on the Attorney-General and the accused persons have
had their bail reinstated.

Resorting to political influence to correct even blatant injustices in the
courts is a controversial area which is not the subject of my concern in
this paper. But I will do well to warn that this practice breeds more evil
than good. My present gripe is why Michael Mugabe should be allowed to act
as a prosecutor in the matter involving allegations about planned
unconstitutional removal of his father's brother from office.

We should never lose sight of the seriousness with which Michael Mugabe
takes his relationship with the President. It will be recalled that sometime
in early 2008, a lawyer, Harrison Nkomo, who represents some of the accused
persons in this matter was arrested and charged with "insulting the
President" after Michael Mugabe laid a complaint against the lawyer with the
police. The gravamen of the complaint was that the lawyer had allegedly
requested that Michael informs his "father" of the citizens' desire that he
retires from office!

By Shona custom, your father's male siblings are also your fathers. In the
case of death of your biological father, one of his brothers, in fact,
becomes your father. This is the status that President Mugabe enjoys in
Michael's life. The harassment and threats to Nkomo's life that followed
prompted the lawyer to take precaution and leave the country for his own
safety.

In addition, one of the accused persons is Zacharia Nkomo. Zacharia Nkomo is
a blood brother to Harrison Nkomo. As a representative of the Attorney
General (the public officer constitutionally charged with prosecuting
criminal offences) Michael Mugabe is required to be independent of any
political or other influence in making decisions relating to the prosecution
of the accused persons. His soiled relationship with Zacharia's brother is a
matter of personal interest to him. Does the prosecutor not have a score to
settle with one of the Nkomos at a personal level?

I am would be naïve to believe that the deployment of Michael Mugabe to deal
with this matter is mere coincidence. Allocation of sensitive cases is a
matter of serious consideration in the Attorney General's Office. The
incumbent Attorney General has publicly announced his political affiliation
notwithstanding that he is required to discharge the functions of his office
in the public interest, without fear or favour. As a proud member of the
sole ruling party at the time, he has a personal interest in the matter and
so does the prosecutor he has allocated the case.

Will justice be seen to be done in this scenario?

The right to a fair trial is clearly set out in Section 18 (2) of the
Zimbabwean Constitution. The right encompasses many factors that are
designed to ensure that a person charged with criminal offences enjoys a
fair trial conducted by an impartial tribunal. One of the key persons
involved in a criminal trial is the state prosecutor who presents charges on
behalf of the State. Such a role is in our law is reserved for a state
prosecutor who can objectively, with the necessary detachment and
impartiality present the state case. The state case ought to be presented
fairly.

The full meaning of the constitutional right to a fair trial in these
circumstances was articulated by Chief Justice Gubbay as follows in the 1997
case, Smyth v Ushewokunze:

"Section 18(2) embodies a constitutional value of supreme importance. It
must be interpreted therefore in a broad and creative manner, so as to
include within its scope and ambit, not only the impartiality of the
decision making  body, but the absolute impartiality of the prosecutor
himself whose function, as an officer of the court, forms an indispensable
part of the judicial process. His conduct must of necessity reflect on the
impartiality or otherwise of the court."

And so it is trite in our law that the right to a fair trial is heavily
compromised if the prosecutor's absolute impartiality is not guaranteed.

Chief Justice Gubbay, in the case involving Smyth and Ushewokunze
(Prosecutor) set out the qualities expected of a prosecutor in the most
erudite terms. Need I add that the judgment in the matter has been accepted
in many jurisdictions worldwide as the leading case on the subject! Smyth
had approached the highest court in the land seeking the removal of
Ushewokunze as the prosecutor in his case. He alleged, among other things,
that the prosecutor was waging a vendetta against him, allowing false
allegations to be presented in court, threatening his arrest and making
spurious allegations which the prosecutor knew to be untrue. The learned
former Chief Justice citing various authorities put it as follows:

"A prosecutor must dedicate himself to the achievement of justice. He must
pursue that aim impartially. He must conduct the case against the accused
person with due regard to the traditional precepts of candour and absolute
fairness. Since he represents the State, the community at large and the
interests of justice in general, the task of the prosecutor is more
comprehensive and demanding than that of the defending practitioner. Like
Caesar's wife, the prosecutor must be above any trace of suspicion. As a
"minister of the truth" he has a special duty to see that the truth emerges
in court. He must produce all relevant evidence to the court and ensure, as
best he can, the veracity of such evidence. He must state the facts
dispassionately. If he knows of a point in favour the accused, he must bring
it out. If he knows of a credible witness who can speak of facts which go to
show the innocence of the accused, he must himself call that witness if the
accused is unrepresented; and if represented, tender the witness to the
defence. If his own witness substantially departs from his  proof, he must,
unless there is special and cogent reason to the contrary, draw the
attention of the court to the discrepancy, or reveal the seriously
contradictory passage in the statement to the defending practitioner."

Considering the political shenanigans that surround the abduction,
detention, torture and ill-treatment of the accused persons by faceless
state agents, it is most shocking that the matter would be handled by a
prosecutor closely related to the President.

Will Michael Mugabe, aware of the huge political interest his father's
brother has in the matter, exude the necessary objectivity desired of a
state prosecutor? Will he readily present evidence essential for the
investigation of the truth if that evidence favours the accused persons like
Zacharia Nkomo and Jestina Mukoko.

Jestina's detention has been a major point of discussion and debate between
political figures in Harare including his relative. The huge interest his
close relative has in the matter is obvious as Robert Mugabe would have been
the biggest victim of any of the alleged actions against his government.

In the same way that Ushewokunze was ordered off Smyth's case on the grounds
that the prosecutor was biased against the accused person, Michael Mugabe
must be immediately ordered off the case. His closeness to the President who
has a significant interest in this matter is likely to affect his
objectivity, detachment and impartiality required of those that prosecute
crimes on our behalf. The fact that Harrison Nkomo's brother is one of the
accused persons may invite ulterior considerations in the prosecution of the
matter. This will result in the trial of the accused persons becoming a
charade that is conducted to satisfy subjective interests of other persons.

It may be that Mugabe will do his job well as his professional obligations
require him to do. Yet it is hard to imagine his participation in this case
escaping public doubt and suspicion in the circumstances of this case. It is
difficult to imagine any other situation that merits the old cliche that
justice must not only be done, but must be seen to be done.

As Chief Justice Gubbay eloquently put it for the full Supreme Court bench:

"Like Caesar's wife, the prosecutor must be above any trace of suspicion."

(Tererai Mafukidze is a Zimbabwean lawyer who lives in Johannesburg. He can
be contacted on tereraim@gmail.com)

Daily cholera update and alerts, 07 May 2009

 Full_Report (pdf* format - 174.2 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:

- 19 Cases and 1 deaths added today (in comparison with 65 cases and 4 deaths yesterday)

- Cumulative cases 97 905

- Cumulative deaths 4 271 of which 2 621 are community deaths

- 93.3 % of the reporting centres affected have reported today 56 out of 60 affected reporting centres

- Cumulative Institutional Case Fatality Rate = 1.7%

- Daily Institutional CFR = 3.2 %.

Erratum

- Cumulative cases of Centenary reported yesterday as 261 in instead of 275

- National cumulative cases reported as 97 872 instead of 97 886

Cricket - Zimbabwe rips up domestic structure and starts again

Steven Price in Harare

May 8, 2009

	Taurai Madhiri of Westerns is bowled by Natsai Mushangwe during this season's Logan Cup ... but it's all change going forward © Cricinfo Ltd

Zimbabwe Cricket has once again made changes to its provincial structure, and from next season it will be based on five regional franchises, as recommended in the recent ICC report into the country's cricketing infrastructure.

The five franchises will be based in Harare, Bulawayo, Mutare, Kwekwe and Masvingo. "It's a model which is similar to [that used by] Cricket South Africa since 2004" a spokesman explained. "It decentralises the administration of first-class cricket and has worked very well there."

The board has tinkered with the domestic set-up several times in recent years, initially to remove all areas of dissent, and then to try to find a solution to falling standards. Many believed the new structures were aimed at consolidating all power within the ZC elite, and there were reports that funds did not always filter down to the grass roots.

This does not seem to have been lost on the ICC and one of the more forceful recommendations was that decentralisation was vital. While senior stakeholders welcomed the news, one told Cricinfo that it would only work if there was a high level of transparency in the funding of the new franchises "otherwise their income will depend on their subservience to those running the board".

However, that appears to have been recognised, and the new franchises will have far greater autonomy that previously, taking charge of almost every aspect of the game in their regions.

"Under the new system, ZC will grant five selected franchise management committees the rights to administer first-class cricket on a professional basis, and as a commercially viable business," a statement read. "The franchises will, among other things, contract players, employ technical staff and maintain a facility to use as a home ground."

"ZC will provide the franchises with an annual grant, but it will be the responsibility of the individual franchise to raise any extra capital requirements through sponsorship and other fund-raising initiatives."

"This change in structure is groundbreaking in that it will empower the wider community in Zimbabwe to become actively involved in the sport," said Peter Chingoka, the board chairman.

The Franchises

Harare Metropolitan and Mashonaland Central who will use Harare Sports Club as a home base

Bulawayo Metropolitan and Matabeleland North to use Queens Sports Club in Bulawayo as home venue.

Midlands and Mashonaland West to use Kwekwe Sports Club as base.

Manicaland and Mashonaland East to play home matches at Mutare Sports Club.

Masvingo and Matabeleland South to use Masvingo Sports Club.

Steven Price is a freelance journalist based in Harare