http://news.yahoo.com
AFP
– 12 mins
ago
HARARE, Zimbabwe (AFP) – Lawyers representing six diamond mining
executives
held in Zimbabwe asked a Harare court on Tuesday for their
release, saying
there were no criminal grounds for their
detention.
The six executives, from two diamond-mining firms, were
detained on
suspicion of fraudulently obtaining a licence to mine gems in
the
controversial Marange fields.
"What we have is a very simple
contractual matter," lawyer Lewis Uriri told
the court in a bail
application.
"The fraud charges would not stick," he said.
Among
the executives are Dominic Mubaiwa, chief executive of government
mining
firm Zimbabwe Mining Development Corporation, and Lovemore Kurotwi,
the
local head of Canadile Miners, a joint Zimbabwe-South African
venture.
The executives are accused of duping the government into
believing that a
non-existent South African firm was ready to invest two
billion dollars in
Zimbabwe in order to obtain a licence for Canadile
Miners.
The court is due to give its ruling on the bail request on
Wednesday.
Zimbabwe has contracted three firms -- South Africa's New
Reclamation Group,
China's Anjin and Canadile Miners -- to mine in the
Marange fields, believed
to be the cash-strapped country's largest diamond
find in a decade.
Last week the Kimberley Process Certification Scheme
(KPCS) met in Israel
and failed to agree whether to allow Zimbabwe to sell
gems from Marange.
Zimbabwe has said it will sell the diamonds with or
without the Kimberley
seal of approval.
http://af.reuters.com
Tue Nov 9, 2010 4:19pm GMT
*
Essar to pay up to $500 mln including debt -source
* Essar Africa to hold
54 pct in ZISCO, govt keeps 36 pct
* Essar expected to re-start ZISCO ops
as soon as possible
By Nelson Banya and Swati
Pandey
HARARE/MUMBAI, Nov 9 (Reuters) - Zimbabwe said on Tuesday it has
chosen a
unit of India's Essar Group to take majority control of troubled
state-owned
steel maker ZISCO in a deal that one source said was worth up to
$500
million.
Zimbabwe's deputy minister for industry and commerce
Mike Bimha told
reporters Essar Africa would buy a 54 percent stake in
ZISCO, with the
government keeping 36 percent and 10 percent owned by small
private
investors.
While Bimha did not provide financial details of
the deal, a source with
direct knowledge of the matter told Reuters the
Indian company would pay
roughly $450 million to $500 million for its
stake.
An Essar spokesman declined to comment.
ZISCO is the first
privatisation under a power-sharing government formed
last year by bitter
rivals Robert Mugabe and Morgan Tsvangirai. The southern
African nation is
struggling to attract the $10 billion of foreign
investment economists say
is needed to right it after a decade of decline
and
hyperinflation.
Bimha said Essar should be on the ground before the end
of the year and
resume production "as soon as possible". ZISCO has the
capacity to produce 1
million tonnes of steel a year.
Once a major
foreign currency earner, ZISCO is now saddled with about $240
million in
debt, which Essar will take over.
Bimha said Essar had been assigned "the
the responsibility of
comprehensively reviving the country's steel
giant".
Mugabe in May rejected shortlisted bids from the South African
unit of
ArcelorMittal (ACLJ.J: Quote) and India's Jindal Steel (JNSP.BO:
Quote),
saying the companies were too big and Zimbabwe preferred
medium-sized
investors. [ID:nLDE64517I].
Essar, a steel-to-shipping
conglomerate, is controlled by brothers Shashi
and Ravi Ruia, whose combined
net worth is estimated at $15 billion, making
them among the richest men in
India. [ID:nSGE68T05A]
The company raised nearly $2 billion by listing
its energy and power
business in London earlier this year (ESSR.L:
Quote)
ZISCO stopped operations in 2008 at the height of Zimbabwe's
economic
meltdown, weighed down by $300 million of debt.
While the
coalition has stabilised the economy, frequent wrangles and an
empowerment
law seeking to localise control of all foreign firms has
discouraged many
foreign investors.
However, the government has said ZISCO's privatisation
is excluded from the
empowerment law, which compels foreign-owned firms
including mines and banks
eventually to sell an at least 51 percent
shareholding to local blacks.
http://www.zimonline.co.za/
by Simplicious Chirinda Tuesday 09
November 2010
HARARE – Civil society groups have urged Zimbabwe’s
three governing
political parties to jointly engage security commanders to
reassure them
about their future in return for guarantees that the military
will not block
the country’s democratic transition
process.
Zimbabwe’s hardliner generals are widely seen as wielding a de
facto veto
over the country’s troubled transformation process and likely to
block
transfer of power to the winners of elections expected next year
should the
victors not be President Robert Mugabe and his ZANU PF
party.
The 55 non-governmental organisations working to promote democracy
and human
rights in Zimbabwe said ZANU PF and the two MDC formations of
Prime Minister
Morgan Tsvangirai and his deputy Arthur Mutambara should open
talks with the
commanders to look at “the interests and fears of the
security chiefs”.
The groups that met a week ago to discuss a
constitutional referendum and
elections penciled in for next year said in a
statement: “Parties in the
inclusive government should look at the interests
and fears of the security
chiefs and open negotiations with them with a view
of making sure that they
do not interfere with electoral
processes.”
The NGOs did not specifically say whether they believed
security
commanders – who have been behind political violence and human
rights abuses
in Zimbabwe for the past three decades of Mugabe’s rule –
should be granted
amnesty as a way to buy their cooperation.
But the
security chiefs are known to oppose transfer of power from ZANU PF
to
especially Tsvangirai’s MDC party chiefly because they fear the former
labour leader could order their prosecution for political violence and human
rights abuses over the past 10 years, as well as the 1980s army atrocities
against the minority Ndebele ethnic group.
Tsvangirai -- who is
himself a victim of police brutality -- in September
said, “discussions were
taking place” with the military and other key
stakeholders to ensure a
successful democratic transfer of power.
But the Prime Minister did not
elaborate what exactly the discussions were
about neither has he given an
update on the matter since then.
The ruling parties have not responded to
the call that they make a joint
effort to calm the fears of security
commanders and ensure successful
conclusion of the transition
process.
The security chiefs are Mugabe’s staunchest allies and are
credited with
keeping the President in power after waging a ruthless
campaign of violence
in 2008 to force then opposition leader Tsvangirai to
withdraw from a second
round presidential poll that analysts had strongly
tipped the MDC leader to
win.
Tsvangirai had beaten Mugabe in the
first round ballot but failed to achieve
outright victory to avoid the
second round run-off poll.
The security chiefs have previously vowed to
never salute a president who
did not take part in Zimbabwe’s 1970s
liberation struggle, in what was seen
as a clear warning they would topple
any government led by Tsvangirai who
did not take part in the independence
war. -- ZimOnline
http://www.voanews.com
Observers
said the incident was not surprising considering that Defense
Minister
Emmerson Mnangagwa was recently quoted as saying ZANU-PF would not
concede
power even if it were to lose in the next round of national
elections
Ntungamili Nkomo & Jonga Kandemiiri | Washington 08
November 2010
In a further indication of growing military involvement in
Zimbabwe's
political process reminiscent of alleged Defense Force abuses in
the 2008
elections, some 300 to 500 soldiers are said to have marched at a
shopping
center in Masvingo on Sunday demanding that President Robert Mugabe
rule the
country “forever.”
VOA confirmed the incident with sources
in Masvingo, the provincial capital,
including legislator Tongai Matutu of
the Movement for Democratic Change
formation led by Prime Minister Morgan
Tsvangirai.
The soldiers, believed to be from Four Brigade, based in
Masvingo, chanted
revolutionary songs in Shona including one with the words:
“Ukadenha gamba
redu watanga hondo,” or, “Provoke a hero, and you have
started a war.”
Witnesses said the soldiers were demanding that Mr.
Mugabe be declared life
president.
Residents of Masvingo’s Mucheke
district were said to have been terrified by
the spectacle as some of the
soldiers were bearing arms. VOA was unable to
establish upon whose orders
the soldiers were acting.
Police in Masvingo and Harare refused to
comment as did spokesman Rugabe
Gumbo of Mr. Mugabe's ZANU-PF.
But
observers said the incident was not surprising considering that Defense
Minister Emmerson Mnangagwa, a senior ZANU-PF official, was recently quoted
by the state-controlled, pro-ZANU-PF Herald newspaper as saying ZANU-PF
would not concede power even if it were to lose in the next round of
national elections, mooted for 2011.
Matutu voiced concern that
soldiers in uniform were openly taking sides
politically. "The people of
Masvingo were shaken by this incident, which
clearly shows ZANU-PF's
desperation to hang onto power," he said.
Nhlanhla Dube, a spokesman for
the MDC formation led by Deputy Prime
Minister Arthur Mutambara, said the
army should adhere to a policy of
political impartiality as prescribed by
the country's constitution.
Sources said Parliament's committee on
defense and home affairs is scheduled
to hold hearing soon on the
involvement of the army and the Zimbabwe
Republic Police in the electoral
process.
Crisis in Zimbabwe Coalition Programs Manager Pedzisai Ruhanya
said in
mobilizing the military for electoral purposes ZANU-PF was spelling
its own
downfall, recalling the historical example of Rhodesian Prime
Minister Ian
Smith.
http://www.swradioafrica.com/
by Irene Madongo
09
November 2010
Lawyers in Zimbabwe have unveiled a model constitution on
which the
Constitutional Parliamentary Select committee (COPAC) can base its
own
draft. Their model will be debated by key members of the three political
parties next week.
The influential Law Society of Zimbabwe has spent more
than a year in
preparing its draft, a process which involved getting ideas
from its members
and from the public, and consulting experts both inside and
outside the
country.
Next week the Law Society will host its summer
school program and
negotiators from the three political parties will attend
and debate its
model constitution.
On Tuesday, Law Society President,
Josphat Tshuma said: “I can confirm that
Minister Chinamasa is going to be
in attendance, we will be discussing with
him issues of the constitution. He
will be in the panel with David Coltart
and Eric Matingenga. We also have in
attendance Tendai Biti, where we will
be debating economic issues,
Kasukuwere will also be coming.”
Commentators have pointed that, as it
stands, COPAC’s draft constitution
will be deeply flawed as outreach
meetings were marred by ZANU PF instigated
violence and the outcome will be
biased in favour of Robert Mugabe’s party.
Another criticism raised
against COPAC is that the process asks ordinary
people to help draft a
constitution, when most of them do not understand the
legal framework
required. In addition, there is a danger that a
“people-driven” constitution
could result in mob justice which ignores the
interests of
minorities.
Tshuma said that the best constitution is one that protects
minorities and
the vulnerable. He added that their organisation’s model
constitution had
addressed that problem by proposing a system of
proportional representation,
which allows different groups to be fairly
represented.
The lawyer’s constitution also has a section that enshrines the
rule of law
in the country. The government’s failure to observe the rule of
law in
Zimbabwe has led to chaotic developments, such as the farm
invasions.
Also included in the document is clause which states that the
army, police
and intelligence services will be subject to both civilian and
parliamentary
scrutiny and control. There will be a complaints mechanism for
dealing with
complaints of misconduct of members of the security services.
Several
commissions should be set up, it states, including a Truth and
Reconciliation body aimed at providing help for victims of past human-rights
abuses.
http://www.nation.co.ke
By WENE OWINO NATION Correspondent
Posted
Tuesday, November 9 2010 at 20:01
GABORONE, Tuesday
President
Ian Khama of Botswana said yesterday that he wants sanctions
against
Zimbabwe to be lifted to deny ZANU-PF the “lame excuse” it uses to
undermine
the unity government formed with Prime Minister Morgan Tsvangirai’s
MDC.
He said Botswana wants sanctions lifted to help provide a
conducive climate
for the Global Peace Agreement (GPA) to succeed and
because ZANU-PF chooses
to use the sanctions as an excuse not to fully
deliver within the process
they are a part of.
“This lame excuse
should be put to the test,” President Khama told the
Botswana Parliament in
his state of the nation address.
He said that contrary to media reports,
his country has not changed its
position on Zimbabwe.
Botswana has
been one of the most vocal critics of President Robert Mugabe
and his
ZANU-PF, hence it was a surprise when President Khama recently
called for
the lifting of sanctions against Zimbabwe.
However on Monday, President
Khama explained that his recent call for the
lifting of sanctions against
Zimbabwe during a recent visit to South Africa
is consistent with the
position of regional body SADC.
“During my visit to South Africa,
President (Jacob) Zuma and I reiterated
the current regional position taken
at the SADC summits, held in Pretoria
and Windhoek in 2009 and 2010
respectively, that sanctions on Zimbabwe
should be lifted.
“Contrary
to the recent misleading media reports that we have changed our
position on
the imposition of sanctions on Zimbabwe, the position of
Botswana has been
consistent with the earlier decisions of SADC mentioned
above, which we are
party to,” President Khama said.
http://www.afriquejet.com
Health-Zimbabwe - Zimbabwe's state radio
Tuesday reported a fresh outbreak
of swine flu, saying five cases had been
diagnosed in the capital Harare.
The Zimbabwe Broadcasting Corporation (ZBC)
quoted health officials as
saying ot her suspected cases had been reported
in other parts of the
country.
It said the new cases were under
strict surveillance and treatment.
The southern African country has been
repeatedly hit by swine flu in recent
years, although no deaths have been
reported.
ZBC said the Ministry of Health was fully prepared for the
outbreak, and had
put medical teams on alert.
There are also
sufficient stocks of medicines to deal with the outbreak.
Harare - Pana
09/11/2010
http://www.swradioafrica.com/
By Lance
Guma
09 November 2010
Several teachers in Rushinga are said to have
fled marauding ZANU PF youths,
who want to punish them for contributing to
the constitutional outreach
exercise which ended in October.
By
contributing, the teachers went against ZANU PF orders that they should
ignore the process. The ZANU PF position was that teachers would influence
students, who in turn would influence their parents, to go against the party
position on the constitution.
Ironically the local MP, Lazarus
Dokora, is the Deputy Minister of Education
in the coalition government. The
youths behind the threats against the
teachers have been known to move
around with him during election campaigns
in the past.
The youths are
said to have visited each school in the area, fingering
teachers who
contributed during the outreach meetings. But instead of the
Deputy
Education Minister taking an interest in the welfare of the teachers
he has
allowed 7 schools in his constituency to close indefinitely, because
the
teachers have had to flee.
Locals say the MP is hardly seen in the
constituency since ‘winning’ his
parliamentary seat but he is understood to
be fully aware of the problem of
the schools closing down. Police say their
hands are tied, a polite way of
saying the youths are receiving protection
from the MP and others in ZANU
PF.
http://news.radiovop.com
09/11/2010 10:33:00
Harare November 9,
2010 - Zimbabwe's bloated Civil Service will this
Christmas receive golden
handshakes in the form of bonuses, the Minister of
Finance, Tendai Biti, has
revealed.
"We however still do not have much money in our coffers but we
can afford to
give the civil service bonuses this year," he said in an
interview. "Our
coffers are very dry but we feel as a government that they
deserve to get
more money for the festive season."
Zimbabwean civil
servants earn an average of about US$150 monthly but they
say this is too
little because the Poverty Datum Line (PDL) currently stands
at about US$500
in Zimbabwe.
They however want at least US$550 each.
Minister Biti said
government would raise the money through taxation and
other "unmentioned
business".
Insiders said he was trying to quell civil service strike action
which had
been planned for early next year if he did not give them the
bonuses which
were normal during the days of the Zimbabwe dollar.
This is
the first time that the local civil service will receive a bonus
after
dollarisation was introduced by the Reserve Bank of Zimbabwe (RBZ)
Governor,
Dr Gideon Gono.
The Zimbabwe Congress of Trade Unions (ZCTU) said it welcomed
the move but
said the civil service was still grossly underpaid.
"They
are overdue because we do not get enough money anyway," a spokesman
said in
an interview with Radio VOP.
"Anyway half a loaf is better than no bread."
http://www.swradioafrica.com/
By Tichaona sibanda
9
November 2010
The National Museums and Monuments of Zimbabwe have taken
control of the
world famous rainforest in Victoria Falls, reportedly to stop
the National
Parks and Wildlife management Authority from destroying the
world heritage
site.
In an unprecedented move the National Museums
last week took over control of
the rainforest, with the aid of armed
policemen. They elbowed out long-time
managers, National Parks, to allegedly
stop corruption.
MDC-T MP for Hwange West, Gift Mabhena, whose
constituency covers Victoria
Falls told us the National Museums officials
moved in to stop any further
development of the area.
‘What has
happened at the rainforest is fraud and corruption of the highest
level. The
information that I have is that Shearwater was granted permission
to
refurbish the entrance to the rainforest only. This was to spruce up the
area in readiness for the 2010 World cup as we were expecting many tourists.
But for some reasons best known to them, they sneaked into the rainforest
and constructed new buildings in contravention of the laws,’ Mabhena
said.
It has emerged that National Parks clandestinely partnered with
Shearwater,
trading as Zambezi Helicopter Company, and constructed a new
development
within the core zone of the Victoria Falls rain
forest.
An environmentalist told SW Radio Africa on Tuesday that the
original
project was presented as an ‘upgrade to existing facilities’ being
the
information centre, merchandise and food and beverage amenities.
According
to our source this would have been acceptable within the laws and
management
plans governing the site.
However, the developers
constructed a new kitchen, top class restaurant and
bar and converted and
expanded the information centre into a merchandise
outlet that has impacted
negatively on the livelihoods of more than 1 000
local artists and curio
vendors.
The rainforest site generates an average of US$7 000 daily and
those that
benefit are various groups, artists and curio vendors - not just
one company
as was the intention of Shearwater
Residents of the
resort town were up in arms against the new development
because of the
impact it is going to have on the conservation status of the
mighty Victoria
Falls and the livelihoods of poor curio vendors and their
families who were
earning a living by selling curios.
One environmentalist told us that in
2007 UNESCO threatened to delist the
Victoria Falls rainforest as a World
Heritage Site due to ‘mismanagement’
and ‘overdevelopment’, in contravention
of their governing laws.
To remedy this, a joint management plan was
agreed to by the Zimbabwean and
Zambian governments with strict guidelines
for the management and protection
of the Victoria Falls rainforest,
including a prohibition on any further
developments in the area.
‘But
what surprised many of us is that out of an estimated 45 000 residents
in
Victoria Falls only nine were consulted about the project. Four of the
nine
were from Shearwater and others from the National Parks,’ our source
said.
‘The building itself is not an eyesore, it is nice, but it was
put up
against the laws that govern World Heritage Sites and we suspect
government
officials received kickbacks. What the National Museums have done
is to step
in and stop the corruption and people breaking the law. This
action has
received the backing of all people in the town and
environmentalists,’ our
source added.
Another source told us the
community in Victoria Falls has been left
wondering how and why the Parks
and Wildlife Management Authority decided to
allow such a new operation to
take place, fully aware of the implications of
the project.
http://www.thezimbabwemail.com/
09 November, 2010
09:23:00 By Geoffrey Nyarota
AN article that appeared in the South
African newspaper, The Sunday Times,
of September 19, 2010, and focused on
ongoing boardroom squabbles at the
Reserve Bank of Zimbabwe (RBZ) ended on
an ominously prophetic note.
The newspaper’s reporters, Stanley Gama and
Zoli Mangena, quoted an
unidentified RBZ board member as having warned that
if what the reporters
referred to as the war of attrition between the
central bank’s governor and
chairman, Gideon Gono, and deputy chairman,
Charles Kuwaza, was not stopped
immediately it was likely to "explode
soon".
The situation at the bank did explode a month later, on Sunday
October 24,
and this happened on the front page of the same Sunday Times
newspaper. The
sensational story of an alleged love affair between Gono and
the First Lady
of Zimbabwe, Grace Mugabe, spread like a bush fire to every
corner of the
world except Zimbabwe.
The Zimbabwean edition of the
South African newspaper was published without
a whiff of award-winning
British investigative journalist Jon Swain’s
sensational scoop.
The
question on the lips of many journalists in the newsrooms of Zimbabwe,
who
by all appearances had clearly been scooped by a visiting foreign
correspondent in their own backyard was: "Is this a true story?"
It
is not clear whether Swain did visit Zimbabwe as claimed by him. Swain
claimed in the story that he had spoken to various sources within the
secretive Central Intelligence Organisation, as well as at the central bank
before he did something which many Zimbabweans find difficult to
imagine.
He claims he drove out to the Mugabe’s Gushungo Dairy Farm just
outside the
capital city.
Swain alleges he spoke to farm workers who
actually furnished him with
details of what transpired in the farm-house
during the visits of Gono and
the First Lady at least twice a
month.
It now appears that Swain, an enterprising reporter with a string
of
international awards for excellence in journalism to his credit and who
was
portrayed by Julian Sands in the 1984 Oscar-winning film, The Killing
Fields, may have been fed and in turn caused The Sunday Times to publish
allegations that he possibly might not be able to substantiate if he was
called upon to do so while defending a case of defamation, possibly with
malicious intent.
An entry on Swain in Wikipedia, the free
encyclopaedia says Swain was born
in London and after an unhappy education
at Blundell’s School, from which he
was expelled, he ran away to join the
French Foreign Legion.
"French journalist Denis Robert, who unveiled the
Clearstream Affair wrote
in his book, Clearstream Penquete. that he believes
Swain was working in
2005 for Hakluyt & Company Limited, a private
intelligence firm based in
London with close links to MI6," the entry
continues.
MI6 is Britain’s Secret Intelligence Service (SIS). It
provides the British
Government with a global covert capability to promote
and defend the
national security and economic well-being of the United
Kingdom.
Back in Harare facts are now emerging that what was intended to
be an
earth-shattering scoop published in the London and Johannesburg
editions of
The Sunday Times may not have been anything more than the latest
episode in
the ongoing battle, pitting the embattled governor of the RBZ
against his
ebullient but belligerent deputy chairman, Kuwaza.
It
appears the newspaper did not expend to the First Lady and to the
governor
of the Reserve Bank the opportunity to defend themselves against
its
allegations, as required by the tenets of ethical and professional
journalism.
I had a long chat with Kuwaza on Tuesday last week. I put
it to him that
fingers were being pointed at him as the likely source or at
least one of
the sources who furnished Swain with the sensational
information around
which he crafted his article. It was being suggested that
the article was
allegedly Kuwaza’s latest punch on the body of Gono, the man
he has
allegedly been trying to dislodge from the central bank since
Kuwaza’s
appointment there in May, 2010.
Kuwaza told me there were
many Zimbabweans who would make better candidates
for the post of governor
of the central bank. During the interview Kuwaza’s
responses were liberally
spiced with the words "ignorant" or "illiterate" in
reference to
Gono.
In a letter addressed to Finance Minister Tendai Biti on August 27,
2010,
Gono accused Kuwaza of leaking information about the RBZ to the media.
Insiders say Biti is closely linked to Kuwaza and was instrumental in
securing his appointment to the position of RBZ deputy chairman. Kuwaza told
me that his only association with Biti was that they are both prominent
chess players.
Kuwaza says he has was accused during his tenure as
permanent secretary for
the Ministry of Finance of being a supporter of
Prime Minister Morgan
Tsvangirai’s MDC. Biti is the secretary general of the
MDC. After his
appointment as Finance Minister in the government of national
unity Biti
spearheaded a campaign to have Gono removed from the central
bank. He did
not succeed.
As the war between Gono and Kuwaza
escalated, Biti appointed Kuwaza chairman
of the Zimbabwe Revenue Authority
(ZIMRA) in September, 2010.
"I write to sadly bring your attention to the
fact that I have repeatedly
encountered serious operational differences with
Mr. C. Kuwaza, the deputy
chairman of the RBZ board, which if not
expeditiously resolved, will
compromise the smooth functioning of the board
and, in turn, the central
bank," Gono said in the letter.
"As
governor and chairman of the board I have for the past three months
forestalled and held back writing you this letter in the hope that Mr Kuwaza
was going to mend his ways, but things are spinning out of
control."
Gono said in the letter that Kuwaza was destabilising
operations of the bank
through "abrasive, abusive and unprofessional
language" during management
meetings. He also accused his deputy of leaking
information to the press.
Gono said unless Biti intervened, there would
be chaos at the central bank.
The letter was copied to Prime Minister Morgan
Tsvangirai and the chief
secretary to the president and cabinet, Dr Misheck
Sibanda.
On Tuesday Kuwaza denied he was in any way related to Swain,
saying he had
never communicated with the reporter. Asked for his opinion of
the Sunday
Times article, Kuwaza characterised it as "facts, half truths and
absolute
lies, all meshed together to make their story."
Kuwaza then
made a startling revelation. He said the police had arrested him
on Sunday,
September 19, 2010. He described the arrest as "Gono’s hatchet
job". Asked
if he had possibly passed information about Gono on to Swain in
bitter
retaliation, Kuwaza made another astounding disclosure.
"The Sunday Times
story was probably a hatchet job by my sympathisers, who
were angry with
Gono for causing my arrest," he said.
Kuwaza refused to reveal the
identity of his sympathisers, although he
subsequently admitted on Friday
that they were politicians. He, however,
insisted that they were Zanu-PF
officials, saying "Gono created many enemies
in Zanu-PF".
I spoke to
Gono on Wednesday. He denied that he had anything to do with
Kuwaza’s arrest
on charges of corruption at the State Procurement Board,
where he is
chairman.
"The first time I knew that Kuwaza had been arrested was when
he raised the
issue at the very beginning of a subsequent board meeting,"
Gono said. "This
item was not on the agenda of the meeting but I allowed him
to raise it."
On October 4, 2010, The Sunday Times reported that the
boardroom fight
between the governor and the deputy chairman had
intensified, amid
revelations that Gono had uncovered a plot by his bitter
rival to oust him
from his position.
The newspaper reported that it
had in its possession documents that showed
that Reserve Bank and state
security agents had been monitoring Kuwaza for
several months and had now
reached the conclusion he wanted to get rid of
Gono.
The document
detailed incidents which, according to Gono and the agents,
showed that
Kuwaza, who also chairs the RBZ audit and oversight committee,
was working
with unnamed senior ministers to remove Gono from office. In the
same
October 4 article The Sunday Times reported that internal memos had
been
"flying back and forth between Gono, Kuwaza and Finance Minister Tendai
Biti. According to the documents seen by the Sunday Times, Biti is
supporting Kuwaza."
On Tuesday Kuwaza made yet another astonishing
disclosure.
He said the latest Sunday Times article, which exposed
allegations of
infidelity involving Gono and the First Lady could be part of
a grand
strategy to influence the outcome of general elections said to be
scheduled
for 2011 against President Robert Mugabe and Zanu-PF.
He
said he had been informed that the editors at The Sunday Times had a
dossier
of incriminating information and photographs of Gono and Grace
Mugabe. He
said the newspaper’s strategy was to disclose the information
during court
proceedings, should the governor or the First Lady sue for
defamation.
I asked if it was not a more effective strategy to simply
publish the
information at hand, instead of pursuing the circuitous route
through the
law courts, as suggested by Kuwaza.
"I don’t know," he
said, "but I understand that their strategy is to cause
the case to drag on
up to the elections."
Asked in what circumstances he, the deputy chairman
of the Reserve Bank of
Zimbabwe, became privy to what appear to be highly
confidential details of
alleged strategies to be employed by The Sunday
Times to influence the
outcome of Zimbabwe’s forthcoming general elections,
Kuwaza did not explain.
Kuwaza has accused Gono of corruption and of
attempting to use security
service chiefs to muzzle him. He has also alleged
in the past that he has
evidence to show that Gono "misappropriated
seigniorage or printed money"
between 2004 and 2008. Seigniorage is the
profit made from printing money.
But in a letter to The Sunday Times
dated September 20, 2010, Kuwaza denied
that he had ever accused anybody of
"looting as I have no such evidence".
Meanwhile, Gono said on Wednesday
that he was not planning to institute
legal proceedings for defamation
against The Sunday Times, "even if there is
no house worth calling a house
at Gushungo Dairy Farm; that is a house that
would fit the characterization
and use described by him (Swain) in the
article".
Gono said exposure
of Swain’s article as false would be sufficient
punishment for him and his
editors.
I met Kuwaza for the second time on Friday to seek clarification
on some of
the issues he had raised. Kuwaza gave a new spin to the
Gono-Mugabe saga.
"I was told that soon after our meeting on Tuesday that
it is, in fact, Gono
himself who planted that information on Swain," said
Kuwaza.
"Gono was informed by his security people that the President was
very angry
with him; that he could even be killed. To pre-empt that
happening Gono
broke the story himself in The Sunday Times."
http://www.dailynews.co.zw
By Guthrie Munyuki
Tuesday, 09 November 2010
17:03
HARARE - Welshman Ncube, Industry and International Trade
minister, says he
regrets the lack of implementation of the broadcasting
reforms agreed during
negotiations that gave birth to the government of
national unity.
Broadcasting reforms were part of the changes agreed
to during the Global
Political Agreement (GPA) negotiations, where Ncube was
one of three
principal negotiators.
Ncube told a broadcasting
conference in Harare that no progress has been
made to allow new entrants in
the sector, which has only one player – the
Zimbabwe Broadcasting
Corporation (ZBC).
He said the three negotiators representing the three
parties in government
had agreed that the Broadcasting Authority of Zimbabwe
(BAZ), would flight
applications of prospective broadcasters and process
them in the time frames
set by President Robert Mugabe, Prime Minister
Morgan Tsvangirai and his
deputy Arthur Mutambara.
“Regrettably,
nothing has happened. It means that what was agreed by the
political parties
has not been implemented,” said Ncube.
“For things to move there is need
for the relevant ministry to have the same
enthusiasm to make that which was
agreed in the GPA, succeed.
“Regrettably, that enthusiasm does not appear
to exist. We have asituation
where even though the legal framework permits,
we still have no movement and
are unlikely to have movement particularly now
that for one reason or
another, we are slowly retreating as political
parties to our political mode
trenches,” he said.
The secretary
general of the smaller faction of the MDC led by Mutambara,
was part of the
negotiating teams that included Zanu PF’s Nicholas Goche,
Patrick Chinamasa,
Tendai Biti, Elton Mangoma and Priscilla Mushonga.
During the
negotiations, said Ncube, they had agreed that BAZ would flight
adverts and
process applications for prospective broadcasters as a matter of
urgency.
The three leaders - Mugabe, Tsvangirai and Mutambara -
produced an
implantation matrix which demanded an immediate licensing of
broadcasters by
BAZ, said Ncube.
He said during their negotiations,
they did not thoroughly address the
implications of regulating the
broadcasting section of the media like they
did in respect of the print
media where they created the constitutional
body, the Zimbabwe Media
Commission (ZMC), which could act independently
without the interference of
the minister or government of the day.
BAZ, in contrast, has not flighted
adverts or awarded licences to new
players despite there being clause 19 of
the GPA which states that it must
licence new players.
The board is
improperly constituted and Mugabe has said it must be properly
constituted
although it has continued to operate without changes for more
than a year
since his pronouncements.
“In the principal negotiations we did not
thoroughly address the
implications of regulating the broadcasting sector of
the media, whereas in
respect of the print media we created the
constitutional body the ZMC).Maybe
we were tired,” said Ncube.
He
said they had hoped the ZBC would be transformed into a truly public
broadcaster run by an apolitical board to bring efficiency to the rundown
institution.
“We said we needed an inclusive and open process by
which we constitute the
ZBC board.
There is some movement but we
expect a standing committee on rules in
Parliament to produce the list and
do the job expeditiously so that,
hopefully, we have a board with full
authority and control over ZBC
management and reflecting policies that
underpin the GPA,” Ncube told
delegates at the conference organised by Misa
Zimbabwe.
Zimbabwe is one of the few countries in the region which have
not yet
implemented and practiced the three-tier broadcasting system which
includes
public, commercial and community broadcasting,
respectively.
ZBC is heavily controlled by Zanu PF which has a tight grip
on the content
which civic society groups and political parties say is not
reflective of
the unity government.
As an alternative to independent
news and entertainment, fed up Zimbabweans
listen to broadcasts into the
country by three offshore radio stations
manned by exiled
nationals.
SW Radio Africa, Radio VoP and Studio 7 broadcast into
Zimbabwe everyday and
have a combined listenership of a million
people.
Mugabe has repeatedly said the radio stations must be banned
before he can
allow their journalists back into the country to join other
applicants for
commercial broadcasting licenses.
If we are to have elections next year, we want the UN and EU to come and observe the elections…what does it take for them to come and protect us? If it is money, we villagers in Muzarabani are prepared to sell our chickens and goats to pay them to come. We cannot have a repetition of 2008 where SADC observers were relaxing in hotels while we got beaten here.
~ Mr Goto, during one of Heal Zimbabwe’s meetings at Machaya village Muzarabani
Get active . . .
10 tactics for turning information into activism
Kubatana would like to invite 10 Zimbabweans to a morning of creative discussion, two film screenings and shared inspiration.
10 Tactics provides original and artful ways for rights advocates to capture attention and communicate a cause. It includes a 50-minute film documenting stories from around the world and a set of cards; with tools, tips and advice, for you to work through as you plan your own info-activism. The film has now been translated by volunteers into more than 20 languages and it has been shown at 100 screenings in 45 countries.
Elements of the tactics include these essentials:
1. Mobilise people
2. Witness and record
3. Visualise your message
4. Amplify personal stories
5. Just add humour
6. Manage your contacts
7. Use complex data
8. Use collective intelligence
9. Let people ask the questions
10. Investigate and expose
For added enjoyment and inspiration we will also be screening a documentary called Favela Rising. Kubatana is working in collaboration with the producers of this documentary to introduce it to Zimbabweans working toward peaceful and non-violent conflict resolution – especially useful as talk of new elections circle Zimbabwe.
A man emerges from the slums of Rio to lead the nonviolent cultural movement known as Afro-reggae. Favela Rising documents a man and a movement, a city divided and a favela (Brazilian squatter settlement) united. Haunted by the murders of his family and many of his friends, Anderson Sá is a former drug-trafficker who turns social revolutionary in Rio de Janeiro’s most feared slum. Through hip-hop music, the rhythms of the street, and Afro-Brazilian dance he rallies his community to counteract the violent oppression enforced by teenage drug armies and sustained by corrupt police.Kubatana would like to invite 10 Zimbabweans to a morning of creative discussion, two film screenings and shared inspiration.
Teas, lunch and a small transport stipend will be provided. Unfortunately, due to limited resources, we are not able to provide transport or accommodation assistance for activists coming from outside Harare.
To be considered please email us one page telling us your motivation for participating and how you intend to use the knowledge you gain.
Please email your application to info@kubatana.net before 10 November. Only short listed applications will be answered
You add - we multiply!
We should write more, speak out more and stand up against human rights abuses
My daughter likes the animated feature, A bug’s life. It is about a few grasshoppers terrorising millions of ants. Each year the ants have to collect food for the grasshoppers as well as for themselves. At the end, one ant stands up to the grasshoppers and makes them realise that they, the ants, have strength in numbers. The other ants are inspired by this ant’s courage and join hands in bringing an end to the oppression by the grasshoppers.
This sounds like more like Zimbabwe; where we have suffered at the hands of a few and we have suffered in silence. I am one person who has decided to take the leadership head on using the pen. Whenever I read my poetry in public, most people are left wondering: How can he say all those things about the leadership in public? But shouldn’t we name and shame perpetrators of human rights violations in public? We should write more, speak out more and stand up against human rights abuses.
What will ‘they’ do? Throw everyone into prison? We have to realise that we do have strength in numbers and we can overthrow an oppressive regime without throwing a single stone.
- Mgcini Nyoni
What’s new on Kubatana blogs
Upenyu Makoni-Muchema challenges you to stop complaining and be the change, Thandi Mpofu says that she’s Ndebele 1st, and Zimbabwean 3rd (maybe even 4th), The year past and the year ahead seen through the eyes of Marko Phiri, Education brings hope to Tafara's children says Lenard Kamwendo and Thandi Mpofu gives us some life lessons from the Chombo saga
The Hairdresser of Harare - A very brave novel for our times
Review by: Fungai Machirori
Immediately after reading Tendai Huchu's novel, The Hairdresser of Harare, the first thought to form in my mind was that the author is uncommonly brave.
Set in current day Harare, this contemporary novel tells the story of Vimbai, a hairdresser whose dominance as Khumalo Hair and Beauty Treatment Salon's finest is challenged by the arrival of the enigmatic character, Dumi, the male hairdresser who is able to bring out the woman in even the most ungainly of female creatures.
With time, the twists and kinks in the two characters' relationship soon revolve less around the hair that they comb, straighten and braid and become more personal as they grow ever closer.
But still, there are demons to be fought, severed relationships to be mended and bone-breaking secrets to be confronted and concealed. Huchu wends these into the storyline with such great skill that one gobbles up chapter after chapter in pursuit of the answers.
I re-assert that Huchu is brave. And there are two very striking reasons that prove this.
The first is that he assumes the voice of the main character, Vimbai, who narrates the entire story to the reader. Huchu is male and I have rarely encountered, if ever at all, a male author whose female character narrates an entire text (or vice versa). This is refreshing in that Vimbai's femininity becomes somewhat eclectic. The voice is not omniscient and all-knowing like the non-gendered third person's voice would be, but it is also not the typical femininity - in emotional and mental expression - that one would encounter from reading the texts of most female authors.
At times, Huchu's gendered experience of being male still comes through (in the structure and choice of language) in some of what Vimbai says and thinks. Sometimes it works and at other times, Vimbai's words seem mechanical, her descriptions of a man she finds attractive somewhat repressed and formulaic.
Now, no one is to say what the 'authentic' female voice and experience should sound like. Women and females are of course a disaggregated group of human beings with different worldviews about their femininity. There can never really be one voice that speaks on behalf of all women. But I dare say that at times while reading the text, I could feel an almost-palpable absence of 'woman' in Vimbai's words.
The second reason why I say that Huchu is brave is that he tackles the great Zimbabwean taboo topic of homosexuality. To say anymore about how it manifests itself within the text would be to 'let the cat out of the bag'. But what I can summarise is that Huchu, through this novel, is able to dispel various myths around homosexuality while showing the dire repercussions of gayness, particularly when those with political power can use it against individuals.
You will find this book a treat if you enjoy easy reads that discuss Zimbabwean society in a contemporary light. You will also enjoy it if you have a liking for some parody of Zimbabwe's politics and its politicians. I challenge you try to guess early on in the novel who the minister known as Mrs M__ might be a parody of, as she will play an unexpected role in the plot's development.
Thankfully, Huchu does not dilute the novel's plot with convoluted explanations about Zimbabwe's economic and political situation. Enough has already been written about this by his predecessors. There are references to hyper-inflation, farm invasions and abuse of power - but these are factored naturally into the storyline and do not stick out like clumsy boring explanations of the protagonists' environment.
Huchu is brave but he is also funny, imaginative and succinct (the novel is 189 pages long). However, I felt that the novel could have done with a few more pages as the sequences towards the conclusion happened in a brace, leaving me suspended and unanswered on a few questions. Perhaps Huchu has plans for a delightful sequel novel…
All in all, The Hairdresser of Harare is a great achievement and a refreshing addition to Zimbabwe's growing body of post-2000 literature. And by the time you are done reading, you too might be left with this debatable question, "Just who is the hairdresser of Harare?"
The Hairdresser of Harare by Tendai Huchu
Published by Weaver Press, Harare (2010)
ISBN 978-1-77922-109-4
If you would like to buy a copy of The Hairdresser of Harare write to Weaver press at: weaver@mweb.co.zw
- Civic society statement on the impending referendum and elections - ZESN - Read moreMajubeki report
- Monthly report - September - Shadowing the outreach process - ZZZICOMP - Read more
- Zimbabwe court drops charges against diamond fields activist - Amnesty International - Read more
- Pre-Budget Report of the Town House meeting - Harare Residents Trust - Read moreWater service delivery: A dream for the majority of Zimbabweans
- Perspectives Series #4: Sexual orientation, gender identity and human rights in Africa -Heinrich Böll Foundation - Read more
- What can communities do to protect themselves against violence? - Peace Watch 13/2010 - Veritas - Read more
Call for
Nominations: 10th Auxillia Chimusoro Annual HIV and AIDS Awards
Deadline:
21 November 2010
The Auxillia
Chimusoro Awards honour individuals or organisations that have excelled in their
involvement in the fight against HIV and AIDS in Zimbabwe. A cash prize and
Award Certificate will be awarded to winners in each category.
Who is
Auxillia Chimusoro?
- Born in 1956 at Gokomere Mission, Masvingo,
Zimbabwe
- Publicly revealed her positive status in 1989
- Founded Batanai
HIV/AIDS Support Group in 1992
- Co-founded Zimbabwe National Network of
People Living with HIV/AIDS in 1992
- Founded Auxillia Chimusoro Masvingo
Provincial Network for People Living with HIV/AIDS
- Passed away on Friday,
19 June 1998
You are invited to nominate an individual or organisation
for consideration in any of the following award
categories:
Communication Award
This award recognises
initiatives that provide information about HIV and AIDS using various channels
of communication. Nominees for this award should be individuals or organisations
who have excelled in providing up to date, relevant and accurate information
addressing current issues on HIV and AIDS and targeted at a broad audience in
Zimbabwe. Such efforts should demonstrate informed knowledge and promote
innovative responses to the HIV and AIDS pandemic.
Social Investment
Award
This award recognises visionary and strategic leadership in the
fight against HIV and AIDS. The nominated individual/organication should
demonstrate innovation, commitment, relevance and consistency in the manner
he/she has applied himself/herself in leading the HIV and AIDS response in
Zimbabwe. The demonstrable areas of leadership may include but are not limited
to policy, advocacy, programme implementation and management in all
sectors.
Leadership Award
This award honours an individual
or organisation that has designed and implemented creative and unique approaches
to directly mitigate the socio-economic impact of HIV and AIDS on society. The
nomination must clearly demonstrate that the individual or organization has
invested their own resources to support new or existing interventions and has
gone further to build local sustainability of the
intervention.
Special Recognition - Lynde Francis
Award
This award will be given only to a deserving individual or
institution whose actions have made a remarkable impact on the tide of the
epidemic in Zimbabwe. Selection of the qualifying awardee will be subjected to
rigorous assessment to measure impact, relevance, integrity and quality of
work.
Nomination Rules
An independent panel
of judges will review all nominations and determine winners. Their decision
shall be final.
Submit nominations to:
The Secretariat, Auxillia
Chimusoro Awards 2010, P.O. Box EH 306, Emerald Hill, Harare
Email: auxilliachimusoro@psi-zim.co.zw
Or: 30 The
Chase West, Emerald Office Park, Block ‘E’, Emerald Hill, Harare
Young Environmental Journalist Award Africa
Deadline: 31
December 2010
Entries for the UNEP Young Environmental Journalist
Award Africa are now open! The competition, which is made possible through
funding support from the Government of the United States of America, is open to
African journalists between 25 and 35 years old, working for African news and
media organisations. The winner will be a print, radio, television or online
journalist who has provided powerful new insights, challenged established
thinking and greatly enhanced public understanding of the environment in Africa
in 2010. The winner will be eligible for an all-expenses-paid trip to the USA*,
where they will follow a unique, “green” itinerary. The winner will travel
across the country, interacting with environmental projects, leading
environmental journalists, scientists and public figures. Entering the
competition is easy - just click here to submit your application form. Entries can be
submitted in French and in English. *Note: U.S. visa and immigration
requirements apply fully, and selection as the winner of this prize does not
guarantee the issuance of a U.S. visa.
Fellowships . . .
Henry Moore Institute Research Fellowships
Deadline: 10
January 2011
The Henry Moore Institute invites applications for
the following fellowship programmes:
Research Fellowships are
intended for artists, scholars and curators, working on historic and
contemporary sculpture using the Institute's library, archive of sculptors'
papers and the collection of Leeds Art Gallery. Up to 4 fellows will be given
the opportunity to spend a month in Leeds to develop their own research.
With access to our resources and an on-going dialogue with the Institute
staff, fellows are free to pursue their own interests in a supportive and
stimulating environment.
Senior Fellowships are intended to give
established scholars (working on any aspect of sculpture) time and space to
develop a research project free from their usual work commitments. Up to 2
senior fellowships, for periods of between 4 to 6 weeks will be offered.
Both fellowships provide accommodation, travel expenses and a per diem.
The Institute offers the possibility of presenting finished research in
published form, as a seminar, or as a small exhibition. The fellowships are an
integral part of the research programme, presenting fresh perspectives on the
Institute's collections, opening up new collaborative possibilities and
furthering research into sculpture.
For more information on the Henry
Moore Institute research fellowships please click here
For further information or to apply for a fellowship please contact:
Kirstie Gregory - Research Programme Assistant Henry Moore Institute,
The Headrow, Leeds LS1 3AH. T: + 44 (0) 113 246 7467 E: kirstie@henry-moore.org
To apply for either
fellowship please send a letter of application, a proposal and a
CV.
Funding . . .
Hellman/Hammett grants
Deadline: 10 December
2010
Human Rights Watch is seeking nominations for 2010
Hellman/Hammett grants, which provide financial support for writers around the
world who have been victims of political persecution. Nominators should provide
biographical information about the writer, the circumstances of persecution,
samples or characterisations of the writer's literary or journalistic work, and
information about financial need. Winners will be announced in spring 2011. The
programme also provides limited funds for emergency grants to writers whose
lives are at risk unless they flee their country or those needing immediate
medical treatment after serving prison terms or enduring torture. For more
information, contact Marcia Allina at: allinam@hrw.org
Consultancies . . .
Proposed Terms of Reference for the External Assessment of
Caritas Zimbabwe National Office
Deadline: 11 November
2010
Background
Caritas Zimbabwe, formerly known as the
Catholic Development Commission (CADEC), is a Commission (department) of the
Zimbabwe Catholic Bishops' Conference (ZCBC hereinafter referred to as the
Conference) tasked with spearheading the Church's relief, welfare and
development interventions to the poor and vulnerable. The Conference is the
highest policy making body of the Catholic Church in Zimbabwe made up of the
Bishops from the current eight Dioceses.
Caritas Zimbabwe intends to
initiate a process of developing a Strategic Plan. As part of this it intends to
commission an external assessment of its performance, relevance, and
effectiveness since its inception in June 2006. The findings and recommendations
should contribute to, specifying the roles and mandate of the National Office
and recommended strategy and structure to achieve this.
These Terms of
Reference (ToR) provide the guidance in carrying out this exercise. A suitably
qualified external facilitator is required to provide professional guidance to
this process.
Assessment Objectives And Outcomes
This assessment
final will provide the key stakeholders that include the Conference, funding and
technical partners and the Diocesan Offices with sufficient information to:
a. Make an overall independent assessment about the past performance
of the National Office with specific focus on its mandate, relevance,
performance (service delivery), functional relationships and financial
sustainability.
b. Identify key observations, gaps and needs; and
c. Propose practical recommendations for addressing the above
d.
Suggest core budget and funding strategy
Person Specification
The facilitator should possess the following attributes:
- Degree
to a Master's level in Organisational Development, Strategic Management or any
other relevant management discipline
- Minimum of three (3) years
experience in carrying out similar assignments
- Good communication skills
both written and verbal
- Excellent report writing skills
-
Excellent facilitation skills
- Ability to work with people of diverse
backgrounds
- Knowledge of the Catholic Church structures will be a
distinct advantage
Interested candidates should email the National
Director of Caritas Zimbabwe on hamadziripi@zcbc.co.zw for a full set of the Terms of
Reference.
Applications should then be hand delivered to the National
Director, Caritas Zimbabwe Africa Synod House, 29-31 Selous Avenue Harare no
later than Thursday 11 November 2010.
Volunteers . . .
Volunteer Copy Editors Wanted
Are you an
experienced copy editor? Can you work quickly and accurately? Would you be
willing to help Pambazuka News by volunteering a little of your time each week?
Pambazuka News receives a growing number of articles every week, but we need
help with copy-editing. If you think you can help, please get in touch with us -
editor@pambazuka.org
http://www.kubatanablogs.net/kubatana/?p=4055
Bulawayo Agenda have just issued
this report:
Hwange
Teachers in one of the schools in the
mining town of Hwange are reported
to have been arrested for being in
possession of wireless radios. The radios
were distributed to the teachers
by PTUZ. There are suspicions that the
arrests may be politically motivated.
However, PTUZ and the Hwange Human
Rights Youth Forum have organized a demo
for Thursday against Police
brutality and harassment. The two teachers are
still in police custody.
Victoria Falls
Gushungo buses are
said to have resurfaced in Hwange. The buses are
plying the Hwange –
Victoria Falls route for free to the residents of Hwange
and Victoria Falls.
The resurfacing of the buses is thought to be an
election campaign method by
ZANU-PF. It is also alleged that Zanu PF is
funding funerals and birthday
bashes of residents in Vic Falls with one
resident having benefitted 21
crates of beer and 25 crates of soft drinks on
her 50th birthday bash. It
is also reported that Zanu PF is dishing out
‘loans’ of between $500 to
$1000 to youths and women in various parts of the
country while government
has run out of funds for other important issues
such as grants for the
elderly and the disabled.
This entry was posted on November 9th, 2010 at
4:33 pm by Bev Clark
http://www.zimonline.co.za
by Cameron Duodu
Tuesday 09 November 2010
THERE is no political event more dangerous
than a general election. Even in
what are called the ‘mature democracies’,
elections bring out hidden
weaknesses in a nation’s structure that can be
stretched to breaking point,
and if wise counsels do not prevail, no one can
predict what might happen.??
The best example of this sort of situation
is the US presidential election
of November 2000. The result was extremely
close – George W. Bush, the
Republican candidate, beat his Democratic
opponent, Al Gore, by only 0.5 per
cent of the votes – 48.4 against 47.9 per
cent!??Such a close vote always
brings allegations of
hanky-panky.
Speculations become rife over what might have been, had it
not been for…
What follows the ‘for’ is anybody’s game.??In the US election
under
question, there were reports about votes disallowed because of
‘hanging
chads’ and ‘pregnant chads’ caused by faulty voting
machines.??There were
also allegations of fraudulent counting, and many
other misdeeds amounting
to electoral fraud.
So emotionally charged
became the atmosphere that even when the matter
reached the US Supreme
Court, not everyone was prepared to accept the Court’s
judgement –
predictably given in favour of George W. Bush – as a genuine
judgment based
on legal argument, rather than as a partisan judgement
rendered by the court
in line with the known political leanings of Supreme
Court
members.??
(The US is one of the few democracies in which judges are
openly branded as
‘conservative’ or ‘liberal’, and where these judges almost
invariably
satisfy the cynics by voting in precisely the fashion that it has
been
predicted they will vote!)??
Fortunately for the US (and this is
why it is called a ‘mature democracy’)
at the point where the very existence
of the Supreme Court became threatened
because of the tension created by
what many considered to be the usurpation
of the American people’s
democratically-delivered verdict by the court – or
more exactly, the
conservative members of the court who voted in favour of a
Bush victory –
the person who stood most to gain from an opposite decision
by the Court, Al
Gore, called off further challenges of the alleged
electoral
verdict.??
What could have happened ‘if’ Gore had gone on with more legal
and political
challenges?
The hacker’s choice
In an ‘immature
democracy’, Kenya, on the other hand, a ‘minor’ civil war
did occur, when,
in December 2007, election results were declared in a
manner that the
populace clearly thought was manipulated to favour the tribe
of the
incumbent president, [the Kikuyu] Mwai Kibaki, who was seeking
re-election.
Several thousand people were killed in inter-ethnic
fighting that arose out
of the dissatisfaction with the election’s results
as declared.??
Thousands more were chased out of their homes, and for a
while, it looked as
if Kenya would be permanently divided along ethnic lines
– just because of
dissatisfaction with the way a single election had been
conducted. Certain
areas became de facto ‘no-go’ areas to certain ethnic
groups.
The bitterness caused by the few months following the election,
will remain
a psychological scar on the entire populace for at least a
generation, as
ethnic oral history is recounted ad nauseam by those who lost
relatives, or
were themselves injured, during the post-election
maelstrom.??
The Kenya situation was repeated in Zimbabwe in March and
June 2008, and
nearly replayed in Ghana in December 2008. Zimbabwe emerged
from the
near-civil-war of the election’s aftermath with an uneasy coalition
that
looks as if it may not take the country into the next
election.??
And in Ghana, what saved the situation, after an extremely
close runoff
between two candidates, Professor John Evans Mills and Nana
Addo Danquah
Akufo-Addo was that the outgoing president, John Kufuor, had
the prescience
to conclude from what he was hearing on the ground that any
prolongation of
the tension created by the electoral result
pull-and-stretch, might toss the
nation/baby out with the presidential
seat/bath altogether – so to speak.??
What would the anxious crowds all
over Ghana who were cursing the Electoral
Commission for delaying the
results have done, if it had known then, what
had happened in South Africa’s
election of 1994, when a computer hacker
managed to alter the results of the
election and add millions of votes to
the numbers cast for three parties of
the hacker’s choice?
SA’s near disaster
The near-disaster that
would have blown up South Africa had the hacking not
been detected and
corrected has just been revealed in a report published in
the Johannesburg
Sunday Times of 24 October 2010.??
The report tells the world for the
first time that the much-hailed general
election in South Africa in May 1994
– in which the African majority formed
beautiful, peaceful queues to
joyfully cast their votes for the very first
time ever – was nearly ruined
when a racist computer hacker was able to
change the results of three of the
minority parties that contested the
election against the African National
Congress (ANC)!
If the hacked results had stood, the power of the ANC in
parliament would
have been considerably reduced, and the ANC would have
found it extremely
difficult to rule the country, if not impossible
altogether.??
Aptly headed ‘Plot to steal freedom’, the Sunday Times
account says: ‘In
this edited extract from his ground-breaking book, ‘Birth:
The Conspiracy to
Stop the ’94 Election’, Peter Harris recalls the tension
that followed the
discovery of … an elaborate attempt to inflate the votes
of the National
Party, the Freedom Front and the Inkatha Freedom Party
(IFP), [in order] to
steal the country’s first democratic elections through
computer hacking.’??
Computer hacking in South Africa, the most
technologically-advanced nation
on the African continent? If election
results could be hacked in a South
Africa on which the eyes of the entire
world were riveted at that particular
time, then what chance does the rest
of Africa have, with its cheap ‘systems’
(sometimes donated from discarded
stock by foreign governments and therefore
relatively
primitive)???
Honest election result
In his book, Peter Harris
writes: ‘The hacker went in between 05:56 and
06:41 on the morning of 3 May
[1994] and made changes to the vote count of
three parties…I meet with
Michael Yard of the forensic investigation team in
my office at eight
o’clock on Wednesday morning, 4 May 1994.
He is exhausted, his eyes
bloodshot and outlined by thick black lines of
fatigue. He hands me a
two-page report.??‘Is that it?’ I ask.??‘That’s all
you need,’ he replies,
an unhealthy rasp in his voice. ‘I’ll talk you
through it. The hacker went
in between 05:56 and 06:41 on the morning of 3
May and made changes to the
vote count of three parties,’ he says. ‘Neil
Cawse picked up early that
morning that there was a significant increase in
the number of total votes
counted nationwide (in the order of one to four
million).’??
‘Surely
this couldn’t have been easy to do. I mean, the administration
division told
us that this was an incredibly sophisticated system,
foolproof, the Fort
Knox of systems, completely impregnable. You can’t just
get into a highly
protected IT network and change national election results.’??
But Harris
is further told: ‘The total votes for all parties at each
counting station
was also changed, but doesn’t match the sum of the vote
totals for
individual parties after the changes to these figures were made.
The new
total for all parties per counting station is in between the
original
correct figure and the sum of the votes per party for the counting
station
after the changes. So the programme was doctored to increase the
votes of
the three parties by about point thirty-three percent.’?
It turns out
that the changes upward are between 2.5 per cent and four per
cent for the
Freedom Front, approximately three per cent for the National
Party and
between four and five per cent for the Inkatha Freedom Party.??
Harris
writes:??‘There it is. Silence. I break it.??
“You and the team are sure
of the extent of these changes?”??
“Oh, absolutely. These were consistent
across our data sample and there are
always increases to the vote count.” It
is worse than I thought.’??
Harris is only reassured when another officer
comes in and tells him: ‘This
is history, it is already past,’ she says. ‘We
are fixing this. We have no
choice but to go on and make it happen. We will
get to an honest result.’?They
do give the nation an honest election result.
But they need to find out who
the hacker was. Harris writes: ‘I turn to
Michael Yard. “Can you find out
who did this?” He points me to the
report.??
“The NT file server on the network is capable of generating a
log of who
logged onto or out from the network, and the time that this
happened. We
checked this log and found that this information is only
recorded from 18:10
on 3 May. From this we conclude that this logging
process was either cleaned
out as of this time, or was only turned on at
that time.”??
“Nice … very nice,” I say, bitterly. ”So we can’t trace who
did this. It is
a successful ‘hit and run’,” Harris
adds.??
‘Meanwhile, the South African ‘Rainbow Nation’ about to be born
is on
tenterhooks. Rumours are rife that the racist rightwing groups, with
the
support of the military, had staged a coup and would soon make an
announcement.’?
Where have we heard that before? It is up to African
Electoral Commissions
to get in touch with their South African counterparts
and attach their own
IT staff to the improved system in South Africa, so
that they can be certain
that in their next elections, everything will go
well.??
For we have seen through blood on the streets that
African elections are too
important to be left to chance. If African
governments do nothing and we
continue to see bloodshed at election times –
when the technology exists to
put an end to speculation about declared or
undeclared results – they will
be cursed by generations
unborn
* This article was first published by Pambazuka
News??
* Cameron Duodu is a journalist, writer and commentator
http://www.thezimbabwean.co.uk
Written by The Zimbabwean
Tuesday, 09 November
2010 18:02
Interview broadcast 04 November 2010
Lance Guma: Good
evening Zimbabwe and welcome to Behind the Headlines. This
week we focus on
the story that pretty much took everyone by surprise and
this was the story
in the state-owned media that the police had launched a
manhunt for the
editor of The Zimbabwean newspaper, Wilf Mbanga.
According to the reports
they are accusing Mbanga and his publication of
publishing a story after the
2008 elections which undermined president
Robert Mugabe. Now the story
involves the suspicious circumstances under
which the late Zimbabwe
Electoral Commission Director for Polling, Ignatius
Mushangwe was
murdered.
So what we’ve decided to do is to get Mr Mbanga on the
programme and first
of all I asked him why on earth the police would look
for him when they know
very much that he’s in the United
Kingdom?
Wilf Mbanga: I’ve been in the UK for the last six years. The
police know
that I live in the UK, I phone them from time to time including
their senior
assistant commissioner in charge of PR. I phone them to confirm
stories,
they know where I’m phoning from so why they should be launching a
manhunt
in Zimbabwe is ludicrous.
They know where to find me, if they
want to find me, if they want to
interview me they can phone me, they know
my phone number, I’m quite willing
to cooperate with them, I’m not a
fugitive from justice. I know that this is
just a cooked up charge, I’ve not
committed any offence, I deny that I’ve
committed any offence. In fact I
deny that The Zimbabwean carried a story
saying that Mugabe, Mnangagwa and
Bonyongwe met to plot Mushangwe’s death. I
deny it. I challenge them to
prove it.
Guma: Now this story – people want to understand why is it
coming out now
because this happened in 2008 so why on earth…
Mbanga:
Why now?
Guma: Yes.
Mbanga: Exactly. That’s my question as well
but the thing is I think they
are desperate. Remember in 2008 Emerson
Mnangagwa announced that Mugabe had
lost the election because of The
Zimbabwean and SW Radio Africa. He accused
us of having poisoned the minds
of Zimbabweans so it could be a way of
wanting to silence us before the
planned elections for next year. It could
be, I don’t know, I’m just
guessing.
Guma: Yah there has been a lot of speculation that with
elections coming
they probably might be finding a roundabout way of banning
The Zimbabwean
from being sold on the streets of Zimbabwe.
Mbanga: It
could be but it’s up to them. We will fight back, that’s for
sure.
Guma: Let’s remind our listeners Mr Mbanga the story concerning
Ignatius
Mushangwe – what happened in terms of the way this was reported?
What are
the background details just so that people can
remember?
Mbanga: What we reported was that Mushangwe had had a meeting
with officials
from ZEC, the ZRP, the CIO and the army at which he
complained about the
rigging of the elections and he was shouted down at
that meeting and then
next thing we heard that he had disappeared and the
police were looking for
him. Next thing his body was found in the mortuary
in Norton. It was badly
burnt and a post mortem revealed that he had been
strangled first before
they set his body on fire.
Now you know that
in Zimbabwe you cannot just take a body to the mortuary
and dump it there,
they will need to know who has brought the body, there
would have been a
record of who took the body there. Those records do not
seem to appear,
somebody has destroyed those records, so it must be somebody
who was
powerful enough to destroy the records and to this day we also know
that the
military intelligence, we actually named the soldier who was
responsible for
Mushangwe’s disappearance, nothing has happened, no warrant
of arrest has
been issued for this character and yet they issue warrant of
arrest for me
for reporting the facts.
Guma: It’s interesting also in the story that
you’ve done covering this
development, you do raise a pertinent question
that you are being victimised
as merely a messenger and yet up to now,
police have not investigated who
killed Mushangwe.
Mbanga: Yah not
only Mushangwe but also there were 200 other people who were
murdered during
the run-up and during the elections in 2008. Not a single
warrant of arrest
has been issued despite the fact that the murderers are
well known, they are
serving members of the security forces in Zimbabwe
today.
Guma: So
where does this leave us Mr Mbanga? The coming in of the coalition
government had raised expectations among Zimbabweans that this would lead to
an opening up of democratic space but clearly developments like this do not
harbour well for the future?
Mbanga: No, ZANU PF does not share
power, it has never wanted to share power
from day one, it was merely a
marriage of inconvenience for them and Mugabe
has been quite clear about it
right from day one. He’s never wanted this
arrangement. He said he was
embarrassed by the results of the elections and
he was forced into this
marriage and you’ve noticed only since 2008 they’ve
started calling Mugabe
head of state and government and commander-in-chief
of the defense forces
and so on to show that he is the sole ruler of
Zimbabwe – the other people
don’t matter.
MDC has virtually been sidelined in the government of
Zimbabwe today.
You only have to read the Herald to see how they portray the
MDC ministers,
they treat them like dirt. You have civil servants who
denounce ministers
including the prime minister and they survive. Can you
imagine if a
Zimbabwean civil servant denouncing a ZANU PF MP? He wouldn’t
survive one
minute so it just shows ZANU PF went into this arrangement to
save
themselves. Now that they have been saved they feel that they don’t
need MDC
anymore and they are now going out (a) to destroy MDC and to go
back, roll
back the carpet, roll back the steps towards
democracy.
Guma: Do you think the MDC have been naive? Do you think they
are aware that
this is what ZANU PF is planning because people think
sometimes they’re too
good to be in politics in terms of being innocently
naive at times? What’s
your assessment?
Mbanga: Well you see the
problem with MDC people is that they are nice guys,
they are decent people
and in politics, particularly in Zimbabwe, it’s the
sport of thugs. You only
have to look at the characters in ZANU PF, it’s
full of murderers, thieves
and so on and they are dealing with decent
law-abiding citizens on the other
hand and then so you find that MDC is
back-footed the whole time because
they are trying to play according to the
rules.
They certainly
believed in the GPA and they’ve honoured the letter and the
spirit of the
GPA and ZANU PF has breached the terms of that agreement, they
don’t care
for it and that’s the problem we have in Zimbabwe today.
Guma: Where does
this leave us as journalists because I’ve tended to notice
Mr Mbanga over
time, media houses that are very critical, that pinpoint to
human rights
abuses, you have certain quarters that will accuse you of being
too negative
all the time, you are not giving this coalition government a
chance and that
sort of thing. This has been happening over quite a long
period and every
Zimbabwean journalist wants to see progress in Zimbabwe but
how do you
approach a crisis like this?
Mbanga: Well the problem is we have, our job
is just to tell the story as we
see it. If it’s negative it’s up to the
people of Zimbabwe, the government
and everybody else to fix it. What we
need to do, I mean what we do is
simply to mirror what is going on in our
society and if people think what we
are portraying in the newspapers is
negative, well that’s the reality.
That is what is happening and we want
Zimbabwe to be the best country in the
world, we want Zimbabwe to solve its
problems, we want Zimbabwe to be a
peaceful country – that’s what we are all
aiming for and we’ve got the
enemies of peace murdering people. People are
being murdered to this day,
people are still being arrested on trumped up
charges and so on. We don’t
want that sort of thing. If they don’t want
negative publicity they should
stop doing all these negative
things.
Guma: And just going slightly to another issue, we’ve been in
this boat for
quite some time, the unending Zimbabwean crisis, is there any
particular
reason why it’s taking so much time to be resolved because it
never seems to
end, it never looks like Mugabe is going anywhere, the
discovery of the
diamonds has in a sense even empowered the regime, they
have more resources
to remain where they are – is it ever going to
end?
Mbanga: Well the thing is ZANU PF doesn’t want to end their rule of
Zimbabwe
and they will make sure that they stay in power by hook or by crook
and as
you say, the discovery of the diamonds is the one that helps them to
fund,
to weld their machine and so they are going to fight to stay in power
because they know that if they lose power they could actually end up at the
Hague or they could end up in a Zimbabwean prison for all the criminal
activities they’ve been involved in over the years. They’ve been involved in
murder, they’ve been involved in looting from the state coffers, they’ve
been involved in all sorts of crime and they are terrified, they are
terrified people that’s the facts of the matter.
Guma: Final question
for you Mr Mbanga – predictions for the future - the
coming elections – what
do you foresee happening?
Mbanga: Well there’s no way Mugabe can win that
election, there’s no way he
can win free and fair elections, he has to
resort to rigging and the rigging
has already started.
Guma: Well
that was Wilf Mbanga the editor of The Zimbabwean newspaper
joining us on
the programme. Mr Mbanga thank you so much for your time.
Mbanga: You are
welcome, thank you very much for having me.
Feedback can be sent to lance@swradioafrica.com or
http://twitter.com/lanceguma
SW
Radio Africa is Zimbabwe’s Independent Voice and broadcasts on Short Wave
4880 KHz in the 60m band.
CONSTITUTION WATCH
CONTENT SERIES 4/2010
[8th
November 2010]
The
Constitution and the Rule of Law
What is the “Rule of
Law?”
Our current Constitution states that public
officers owe a duty to everyone in Zimbabwe to observe and uphold the rule of
law [sec 18(1a)], and the “Kariba Draft” Constitution contains a similar
provision. However, most people — including lawyers — have only the vaguest
idea of what the expression “rule of law” means.
This is understandable because it is an
elastic concept. Fundamentally it means that people’s rights and obligations
must be determined by laws rather than by individuals or groups of individuals
exercising an arbitrary discretion. From this fundamental concept several
principles are derived:
· Principle of Legality: People must not be deprived of their
rights or freedoms through the exercise of wide discretionary powers by the
Executive. Rights and freedoms should be curtailed only by the ordinary courts
applying the law.
· Principle of Equality: No one is above the law and everyone is
subject to the jurisdiction of the ordinary courts. State officials, and even
the State itself, are subject to the law. Everyone is equal before the law and
is equally entitled to be protected by the law. And following on from this
principle:
· laws should be enforced
impartially;
· as a rule, laws should apply generally and
not just to particular individuals or classes of people.
· Separation of Powers: There must be a separation of powers
between the Legislative, the Executive and the Judicial branches of government.
If the Executive makes the law and enforces it, then we have the rule of man,
not the rule of law; and the same applies if the Legislature enforces its own
laws or if the courts make the law rather than determine rights and duties under
the law. In practice, the different branches cannot be completely separate
because there has to be some cooperation between the different branches, so the
concept of separation of powers may be defined more precisely as a governmental
system of separated institutions sharing power.
· Independence of the
Judiciary: The
judiciary must be independent of the Executive and the Legislature. If judges
and magistrates are dependent on the Executive or the Legislature, or are
members of a ruling political party, they are unlikely to give objective
judgments on the law.
· Laws must be Certain [i.e. clear and definite]: It must be possible for people to
establish relatively easily the content of the law and the extent of their
rights and duties under it. And arising out of this:
· Laws must be Accessible: If people are expected to obey laws they
must be able to obtain copies of them. The Government must ensure that all laws
are published and that they are always available for people who want to read
them. Furthermore, the laws should be drafted in language that ordinary people
can understand. In the Zimbabwean context, that means that laws should be
translated into all the vernacular languages.
· Laws must not be
Retroactive: Laws
should apply only to the future and should not attempt to change rights and
duties retrospectively. It is futile for anyone to find out what his or her
rights and duties are under the law if a future law can convert what was lawful
at the time it was done into something unlawful.
· Laws must be Objective: so far as possible laws must leave no
discretion to the persons who are to apply them.
Fundamental to the concept of the rule of
law is the idea that all the three branches of government must operate within
their own particular spheres: the Executive is restricted to administration,
the Legislature to enacting laws, and the Judiciary to adjudicating legal
disputes and interpreting the laws. All three branches are subject to the
law.
The rule of law in
relation to the new constitution
How does the rule of law relate to the new
constitution that is being prepared by COPAC; or, more precisely, can the new
constitution ensure that the rule of law will apply within Zimbabwe? It can,
through the following means:
Limited government: For the rule of law to prevail the
powers of each branch of government must be limited. If the new constitution
provides for a powerful executive with extensive discretionary powers then there
cannot be the rule of law.
Government must be subject to the
law: Everyone,
including government officials and the State itself, must be subject to the
law. This should be stated expressly, but in addition it should be reinforced
by provisions giving ordinary people the right to sue the State and its
officials for infractions of their rights. Section 24 of the present
Constitution goes some way towards this by giving people a right to apply to the
Supreme Court for redress for infringements of their rights under the
Declaration of Rights. No immunity should be given to any State official, from
the highest to the lowest. If, for example, it is felt that the work of
government might be impeded if the President could be sued personally in the
courts, then the President’s immunity from legal action should be lifted as soon
as she or he leaves office.
Separation of powers: The separate roles of the different arms
of government must be clearly stated in the Constitution, and there should be a
statement that, as a general principle, their powers should be kept separate.
It should be clear, for example, that a law such as the Presidential Powers
(Temporary Measures) Act is contrary to constitutional principles. The power of the Executive to appoint members of the legislature,
whether directly or indirectly, should be removed or severely curtailed.
Independence of the
judiciary: A
mechanism must be established to ensure that members of the judiciary —
magistrates as well as judges — are appointed by an independent body. The
Judicial Service Commission established under the present Constitution is
inadequate for this purpose since most of its members are appointed by the
President. It would be better if its members were appointed after public
hearings by a select committee of Parliament; better still if judges were
selected by the Judicial Service Commission and appointed by the President after
being approved by Parliament [this could be a useful role for the Senate].
Impartial enforcement of
laws: The
Attorney-General should remain responsible for deciding whether or not to
enforce the law through criminal prosecution. He or she should, however, be
appointed by an impartial body in the same way that judges of the High Court are
appointed. He or she should not be a member of Parliament or the Cabinet and
like judges should not make public his or her party
affiliation.
Apart from the judiciary, the enforcement
of the law is mainly in the hands of the police. Their impartiality
could be improved, if not ensured, by giving the Police Service Commission power
to oversee the operations of the Police Force and to institute measures to
improve its efficiency and impartiality. And a police complaints office could
be enshrined in the constitution.
The defence and intelligence services
should have nothing whatever to do with the enforcement of the civil
law.
Acceptance of internationally-recognised
fundamental rights and freedoms: Respect for human rights is not a necessary ingredient of the rule
of law — they are different concepts — but nonetheless if fundamental human
rights and freedoms are recognised and enforceable under the Constitution then
the government is more likely to respect the rule of law. The constitution
might well provide that international conventions become part of Zimbabwean law
once they have been ratified by Parliament.
Making of good laws: A constitution cannot ensure that all
laws passed by the Legislature are good laws, but it can go some way towards
this end. Two ways to do this are:
· To prohibit the enactment of legislation
which retroactively deprives people of vested rights or which retroactively
criminalises conduct [there is such a provision in section 18(5) of the present
Constitution].
· To provide that no law can be passed, by
Parliament or by any other authority, unless there has been adequate
consultation with interested parties. The precise method of consultation would
not be stated in the Constitution, but in the case of Parliament it could
consist of the publication of white papers, the holding of hearings by portfolio
committees, and so on.
A final point
At the beginning of this bulletin, we
mentioned section 18(1a) of the current Constitution, which states that all
public officers have a duty towards every person in Zimbabwe to act in
accordance with the law and to observe and uphold the rule of law. The
importance of this provision should not be underestimated. In the clearest
terms it states that all public officers — and the term encompasses State
employees from the President downwards — have a duty to act in accordance with
the law, and that the duty is owed to “every person in Zimbabwe”. What this
means is that if, for example, a police officer fails to investigate a
politically-motivated assault, then everyone — not just the victim — can sue the
officer for breach of duty. And if the Registrar-General’s Office illegally
removes someone’s name from the voters’ roll then everyone, not just the voter,
can apply to court for the person’s name to be restored to the roll. The
traditional view, that only people who have a material interest in a matter can
apply to a court for redress, no longer applies in relation to breach of duty by
public officers [though it probably continues to apply to
applications direct to the Supreme Court under section 24 of the
Constitution].
Veritas makes every
effort to ensure reliable information, but cannot take legal responsibility for
information supplied