The ZIMBABWE Situation
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SADC to
hold emergency summit to discuss Zimbabwe’s political
deadlock
http://www.apanews.net/
APA-Harare (Zimbabwe) The leaders of the Southern African
Development
Community (SADC) are set to hold an extraordinary summit in
Botswana on
Friday to try and break a deadlock between Zimbabwean coalition
partners
over implementation of the country’s power-sharing agreement, APA
learns in
Harare.
Lindiwe Zulu, international relations adviser to
South African President,
Jacob Zuma – the SADC’s official mediator in
Zimbabwe – told online news
agency ZimOnline that regional leaders would
meet in Gaborone to discuss the
long-drawn political problems in
Zimbabwe.
The special summit would coincide with Friday’s official
opening of SADC’s
new headquarters in the Botswana capital.
“I can
confirm that there will be a SADC summit which will discuss the
problems in
Zimbabwe,” Zulu said.
Zuma is expected to table a report on his efforts
to resolve the perennial
crisis in Harare where President Robert Mugabe and
Prime Minister Morgan
Tsvangirai continue to bicker over implementation of a
2008 power-sharing
pact.
The fragile unity government formed by the
two politicians in February 2009
was rocked by serious divisions after
Mugabe last month appointed provincial
governors without consulting
Tsvangirai as required under the power-sharing
agreement.
The unity
pact and a constitutional amendment enacted to cement the
political
agreement require the President to consult the Prime Minister
before making
senior public appointments.
Both Mugabe and Tsvangirai have in recent
weeks called for new elections
next year to end their increasingly hostile
marriage of convenience.
Civil society groups however say the country is
not ready for new elections
because political violence is still taking
place, while several electoral
reforms and a proposed new Constitution still
need to be implemented and
given time to take root to ensure the next vote
is free and fair.
The Zimbabwe Electoral Commission in charge of running
polls in the country
has also said it is not ready conduct
elections.
JN/ad/APA
2010-11-18
Tsvangirai
to ask SADC for measures to eliminate election violence
http://www.swradioafrica.com
By Tichaona
Sibanda
18 November 2010
Prime Minister Morgan Tsvangirai is to insist
that SADC provides a clear
roadmap to a free and fair election, with
concrete measures in place to
eliminate intimidation and violence if a poll
is to go ahead next year.
The three principals to the Global Political
Agreement have been invited to
a meeting of the SADC Troika on Friday in
Gaborone, Botswana.
A senior official in the MDC-T told SW Radio Africa
on Thursday that
Tsvangirai, who is already in Botswana for Friday’s
meeting, will also
insist on the full implementation of the already agreed
matters in the
Global Political Agreement. Something he has done many times
before, with no
success.
Since the formation of the inclusive
government, Robert Mugabe has failed to
fully implement the GPA and has on
several occasions blatantly ignored
subsequent SADC resolutions, directives
and deadlines for him to implement
the remaining issues.
In a
statement the MDC called on the Troika and SADC to make clear to Mugabe
and
ZANU PF that the time has come for them to fulfil their side of the
deal.
‘By now SADC knows that Mugabe is likely to agree to whatever
it says, but
behaves differently as soon as he returns home. At the
weekend’s meeting, a
monitoring and enforcement mechanism must be put place
to ensure compliance
beyond the existing shuttle diplomacy whose fruits
remain still-born. The
MDC believes SADC’s reputation is sacrosanct and must
be protected. Mugabe
must never be allowed to get away with acts that
compromise that regional
esteem,’ the MDC said.
The Troika, which is
headed by Zambian President Rupiah Banda, is expected
to revisit resolutions
formulated at a summit in Windhoek, Namibia three
months ago, supposedly in
an effort to determine why those proposed
compromises have not been put in
place.
South African President Jacob Zuma, the SADC’s mediator in
Zimbabwe and vice
chair of the Troika, will table a report on his efforts to
date in trying to
resolve the perennial crisis in Harare.
Lindiwe
Zulu, Zuma’s foreign policy advisor, said the mediator will brief
the Troika
on what has gone wrong in Harare and what can be done to try and
rectify the
crisis.
Of great importance to the MDC formations is Zuma’s recent
statement that he
will not subscribe to an election in Zimbabwe that is
marred by violence and
intimidation. The MDC said it was now time for SADC
to take a decisive stand
and assist in normalising the volatile situation in
Zimbabwe.
But after two years of SADC’s lack of real action over Zimbabwe
and Robert
Mugabe, hope is running out that this meeting will be any
different to the
many that have gone before.
Anglican
dissidents try Zimbabwe seminary takeover
http://www.washingtonpost.com/
By CHENGETAI ZVAUYA
The
Associated Press
Thursday, November 18, 2010; 9:34 AM
HARARE, Zimbabwe
-- Hostile supporters of a dissident church leader who is
close to President
Robert Mugabe have tried to take over a Harare seminary,
police and
authorities at the school said Thursday.
Bishop Paul Gwese, a leader at
Bishop Gaul College in Harare, said police
were called in to eject the
supporters of Bishop Nolbert Kunonga this week.
"Twenty armed youths came
to our college on Tuesday with some dubious
documents claiming that they
were taking over the college and were
threatening our students who are
studying," Gwese said. "Police managed to
stop them, but we don't know
whether this is the end of the matter."
The Anglican Church in Zimbabwe
has been divided since Kunonga, accused of
supporting political violence in
the country, lost a bid for re-election as
Harare bishop in 2007. After the
election, he refused to hand over the
cathedral and its administrative
offices, bank accounts and vehicles. Then
he said he was breaking away from
the Church of the Province of Central
Africa, the regional Anglican
governing body, and declared the formation of
an independent Anglican Harare
diocese.
In 2004, Kunonga was brought before a regional church court on
allegations
of making calls from the pulpit that ammounted to incitement to
murder,
fostering ruling party politics and ethnic hatred during the
often-violent
seizures ordered by Mugabe and the ruling party of thousands
of white-owned
farms since 2000.
The church court adjourned in
confusion before it could make a ruling.
The two churches are now
embroiled in legal property disputes. Gwese and
police said the disputes are
unresolved, but a priest appointed by Kunonga,
Bishop Fundira, said the
college belongs to his church.
"We are not breaking any laws but claiming
what rightfully belongs to us,"
said Fundira, who goes by one
name.
Police spokesman Oliver Mandipaka said the Kunonga group was "very
hostile"
at the seminary Tuesday.
"We don't want to take sides in
this matter," Mandipaka said. "We want to
see peace prevailing at the
college pending finalization of the courts."
Standard
journalist still being held in police custody
http://www.swradioafrica.com/
By Tichaona Sibanda
18
November 2010
Standard journalist Nqobani Ndlovu, who was arrested by
police in Bulawayo
on Wednesday on charges of criminal defamation, is still
being held in
custody.
Ndlovu had been expected to appear in court
Thursday to answer charges on a
story he wrote about the cancellation of
promotional exams in the police
force.
The Standard scribe alleged in
his article that the examinations were being
scrapped to facilitate the
absorption of war vets and retired officers back
into the police force,
ahead of next year’s elections.
SW Radio Africa understands that Ndlovu
has been interrogated but has
refused to divulge his source for the story.
It is believed this has
prompted the police to hold him for a further 24
hours, in the hope of
trying to break him to reveal his source.
Our
Bulawayo correspondent Lionel Saungweme told us Ndlovu’s lawyer has now
approached the High court to get an injunction to force the police to
release his client.
‘His lawyer (Josaphat Tshuma) says his client was
not taken to court today
(Thursday) because he refused to divulge his
sources. This is why the police
have refused to take him to court,’
Saungweme said.
The police have less than 24 hours to take Ndlovu to
court or they will be
forced to release him if they cannot prove there is a
case of criminal
defamation. A criminal defamation conviction can carry a
penalty of up to
two years’ imprisonment.
Lawyers
want rights abusers prosecuted
http://www.zimonline.co.za/
by Sebastian Nyamhangambiri Thursday 18
November 2010
HARARE – A Zimbabwe human rights lawyers’ group has
written to the
government to prosecute perpetrators of political violence or
face a legal
suit, but the country’s Attorney General Johannes Tomana
yesterday dismissed
the letter as political and trivial.
Acting on
behalf of 12 survivors of political violence, the Zimbabwe Lawyers
for Human
Rights (ZLHR) last week asked the government to probe acts of
arson,
assault, torture and murder committed in Muzarabani rural district,
300km
north-east of Harare, during elections two years ago.
In a letter copied
to Tomana, the Ministry of Home Affairs and the police,
the ZLHR said
failure by the government to investigate rights abuses would
only encourage
perpetrators to “repeat their criminal acts against the
survivors of the
2008 election violence” during new elections expected next
year.
The
lawyers group submitted to the government a dossier containing details
of
the cases of rights abuses and political violence committed in
Muzarabani.
But Tomana, the government’s chief legal advisor and in
charge of
prosecutions, told ZimOnline he will not even bother looking at
the dossier
because it was not compiled by the police.
“I’ll not be
engaged in trivialities or politics,” said Tomana, who is
considered a
hardliner ally of President Robert Mugabe’s ZANU PF party that
is accused of
committing most of the political violence and rights abuses in
Zimbabwe over
the past decade.
“If these so-called human rights defenders have genuine
cases why do they
not work with the police and the cases are investigated. I
can only work on
a docket brought to my office by police,” he
said.
ZLRH member Rangu Nyamurundira, who is handling the matter, was not
available to shed light on what action the group – that had given the state
up to last Monday to act against perpetrators of rights abuses or face legal
action – will take next.
Nyamurundira was yesterday said to have
travelled out of Harare.
Zimbabwe witnessed some of its worst political
violence in 2008 after a
presidential election that was won by the then
opposition leader Morgan
Tsvangirai but with fewer votes to avoid a second
run-off ballot.
In a bid to ensure Mugabe regained the upper hand in the
second round vote,
ZANU PF militia, war veterans and state security agents
unleashed an orgy of
violence and terror across the country, especially in
rural areas many of
which virtually became no-go areas for the
opposition.
Tsvangirai later withdrew from the run-off election because
of violence that
he says killed about 200 of his supporters and displaced
thousands of
others.
Mugabe won the vote uncontested in a ballot that
African observers denounced
as a shame and Western governments refused to
recognize forcing the veteran
leader to agree to form a power-sharing
government with Tsvangirai as Prime
Minister. -- ZimOnline
Firms
won't touch Marange gems
http://www.zimonline.co.za
by Tobias Manyuchi Thursday 18 November
2010
HARARE -- International insurance and courier firms remain
reluctant to
insure or ship Zimbabwe’s controversial Marange diamonds to
Europe and the
United States even when the gems were certified clean by the
Kimberley
Process (KP), a diamond consulting firm has said.
The Tacy
Ltd Diamond Industry Consultants said in its Diamond Intelligence
report
that “profound reputational problems” and Western financial
sanctions on
some top Zimbabwean officials and firms linked to the Harare
government all
combined to dissuade insurers and courier firms from handling
the Marange
gems.
The Tel Aviv-based diamond consultancy said unwillingness by
transporters
and insurers to move Marange stones to Europe and America or to
cover such
shipments meant Dubai and Mumbai will eventually become the main
destinations for the gems and their entry points onto the international
market.
“Mumbai and Dubai will gradually emerge as the near automatic
point of entry
of Marange goods,” the firm’s principal consultant Chaim
Even-Zohar said in
the report.
Zimbabwe has been trying to regain the
confidence of the international
diamond industry following the controversy
sparked by human rights abuses
allegedly committed by the army at the
Marange fields to the east of the
country.
But key Western diamond
players have banned stones from the controversial
fields, even after the KP
that regulates the diamond industry cleared mining
operations at Marange and
authorised Zimbabwe to auction diamonds in August
and September.
The
report said courier firms were “hesitant or unwilling” to ship diamonds
from
the two Harare auctions partly due to lack of preparations and because
of
uncertainty over the legality of handling the Marange stones.
The firms
were also put off by the fact that there remains uncertainty over
security
of making transfer payments to and from Zimbabwe, with several
international
banks still reluctant to do business with the southern African
country, said
the report.
“Not all banks are open to conduct business with Zimbabwe,”
the report said.
“This goes beyond sanctions. Business with Zimbabwe has
profound
reputational problems that are not easy to ignore.”
It said
insurance giant, Lloyds Underwriters, refused to insure the Marange
gems
because it did not want to be associated with the stones that human
rights
groups and some Western governments still insist are virtually blood
diamonds because of human rights abuses said to be continuing at the
mines.
Diamonds sold during the two Harare auctions have since arrived at
their
destinations but Evan-Zohar said there were indications that some of
the
stones were sent by “passenger”, an arrangement he said was “not ideal
and
not a good model for the future.”
The KP, which banned the
Marange diamonds in November 2009, lifted the ban
last July after its
Zimbabwe monitor Abbey Chikane said Harare had met all
conditions set by the
regulator.
The move saw about 1.5 million carats of stockpiled Marange
diamonds going
under the hammer last August and September.
But a KP
meeting in Jerusalem about two weeks ago failed to reach agreement
on
whether to allow Zimbabwe to export more Marange diamonds.
However
Harare, which last month inked a 100-million diamond supply deal
with an
Indian firm, has said it would resume selling the gems “without any
conditions”. -- ZimOnline
Army
in massive recruitment ahead of elections
http://www.dailynews.co.zw/
By Godfrey Mtimba
Thursday, 18
November 2010 17:19
MASVINGO - The Zimbabwe National Army (ZNA) has
embarked on a massive
recruitment drive of junior soldiers to be used to
spearhead a terror
campaign against Zanu PFarch-rivals, MDC-T supporters in
next year’s planned
elections.
In a recent statement to the
media, the ZNA public relations department
said the institution will be
moving around districts to recruit soldiers but
inside source said that the
exercise was meant to groom fresh officers to be
used during the
elections.
Impeccable sources in the army said that the recruitment,
which began on
Wednesday in Mwenezi, will be held in the province’s seven
districts until
10 December and will recruit soldiers who will begin
training in January and
complete in June, when President Robert Mugabe wants
elections to be held.
The sources said the officers will undergo special
training to unleash
terror to villagers in the rural areas in a bid to
wrestle Parliamentary
seats that were grabbed by the MDC-T and make sure
that Robert Mugabe sweeps
to victory.
The exercise comes barely two
weeks after another crop of soldiers had a
pass out parade after completing
their six months training, a development
that shows desperate efforts by
Zanu PF to beef up its human resources
ahead of the elections.
“The
operation is supposed to churn out fresh recruits who will be
brainwashed
and get training to terrorise villagers and whip them into
supporting the
former ruling party that is desperate from stopping a MDCT
victory,” said a
source who declined to be named.
Although efforts to get comments from
ZANA, provincial spokesperson, Warrant
Officer, Kingstone Chivave were
fruitless, a statement to the media recently
announced the centres were
soldiers would recruited.
The recruitment exercise began on Wednesday
17 November at Madyangove
Secondary school in Chivi and will move to Mwenezi
on 19 and 20 November
before proceeding to Buffalo Range army base in
Chiredzi on 23 and 24
November.
The exercise will go to Zaka
Secondary on 25 and 26 November Ushe primary
school in Bikita on 30 November
and 1 December, to 4-2 infantry battalion in
Gutu on 4 and 5 December and
to Nemanwa growth point o 7 and 8 December.
The recruitment exercise will
wind up at 4 Brigade, the provincial army
headquarters in Masvingo on 9 and
10 December.
MDC-T spokesperson Nelson Chamisa who recently was forced to
cancel a rally
after soldiers blocked villagers in Mwenezi from attending
bemoaned the
continued abuse of state institution by individual political
parties.
“As MDCT we do not expect soldiers to participate in elections
and or
politics and we are also against the abuse of state institutions for
personal political gain by political parties. We have been trying to tell
the political leadership of the country to desist from using soldiers to
beat innocent citizens for selfish political gains,” said Chamisa
Tsvangirai
Petitions Chiefs While Soldiers Beat Villagers
http://www.radiovop.com
18/11/2010
15:23:00
Harare/Mwenezi, November 18, 2010 - Movement for Democratic
Change leader
and Prime Minister Morgan Tsvangirai summoned chiefs to his
office over
their alleged declaration of Robert Mugabe as life president of
Zimbabwe
amid reports that several villagers in Mwenezi were on Thursday
rushed to
hospital after being beaten by soldiers for attending an MDC
rally.
At least nine villagers were rushed to Neshuro general hospital on
Thursday
morning for medical attention after being severely beaten by a
group of
soldiers and Zanu (PF) youth in the area for attending the rally
last
weekend.
A villager told Radio VOP that Zanu (PF) youth led by
Andrew Musekiwa in the
company of about seven armed soldiers visited homes
of MDC-T supporters and
severely assaulted some of the people who attended
last week’s rally.
Zanu PF politiburo member and Member of Parliament for
Mwenezi East
constituency Kudakwashe Bhasikiti could not be drawn to
commenting on the
issues,saying he was away when the incident took
place.
“People used to say it’s me who send youth to beat others, now
that I was
away what are they going to say? I cannot say anything, I was not
there,”
said Bhasikiti.
MDC-T shadow MP for Mwenezi East Charles
Muzenda said this is not the first
time soldiers and members of Central
Intelligence Organisation (CIO) beat up
innocent MDC-T
supporters.
Masvingo province police spokesperson Inspector Tinaye Matake
said he was
not in a position to comment since the victimised villagers did
not make a
police report.
Zaka North legislator and MDC-T provincial
organising secretary Earnest
Mudavanhu confirmed that their supporters were
initially barred from
attending a rally in Mwenezi before those who attended
were warned that they
were not going to escape the punishment.
"We
addressed very few people because our supporters were afraid that they
would
be severely beaten and those who defied the calls and attended our
rally are
paying the prize. This shows that Smith regime was even better
than Mugabe's
Zanu PF," said Mudavanhu.
Recently, over 500 soldiers marched through
residential areas in Masvingo,
singing songs and chanting slogans synonymous
with Zanu (PF) declaring that
President Robert Mugabe must be the country’s
life President.
Meanwhile Tsvangirai summoned traditional leaders on
Wednesday to clarify
“areas of misconception”.
“As leader of the MDC
I subscribe wholeheartedly to the respect of
traditional institutions," he
said. "However there are historical points of
departure when the traditional
leaders and political parties seem to be on a
conflicting path. For
instance, the recent so-called pronouncement about
supporting a political
party in conflict with the Global Political Agreement
(GPA),” said
Tsvangirai.
Tsvangirai said he had discussed issues with the chiefs
including on-going
tension in government. The transitional government is in
doldrums due to
political difference between Tsvangirai and his partner in
government Robert
Mugabe.
Tsvangirai accused Mugabe of breaching the
GPA and the Constitution of
Zimbabwe.
He added: “We also discussed
the issue of elections and the consequence of
division whilse the country is
recovering. Elections yes but why don’t we
find common ground among the
contesting contestants.”
“The tension that is currently being reflected
in government is not helpful
to development,” he said.
The President
of the Chiefs Council, Chief Fortune Charumbira and two other
chiefs met
Tsvangirai at his Munhumutapa offices.
Charumbira told journalists that
traditional leaders wanted to see dialogue
and the country moving forward.
He said traditional leaders want peace and
where therefore calling for
political leaders to find a solution to the
current tension in government.
Mugabe
clamping down on access to information
http://www.swradioafrica.com
By Alex Bell
18 November
2010
Rights groups have warned that Robert Mugabe and ZANU PF are trying
to
further stifle Zimbabweans' access to information, in a new controversial
bill about to be submitted to parliament.
International media rights
organisation, Reporters Without Borders, on
Wednesday called for the
withdrawal of the ‘General Laws Amendment Bill’,
announced last month and
drafted by the ZANU PF side of the coalition
government. The rights group
said “the proposed law’s sole aim seems to be
to place additional obstacles
in the way of access to information and
thereby hamper the work of the media
even more.”
The bill will allow the authorities to block public access to
official
documents, including judicial decisions, new legislation and public
records.
It would enforce copyright on all government documents, which could
then
only be published with the government’s approval, as the sole copyright
holder. For example, if a private organisation wanted to publicise electoral
laws prior to an election it would have to get permission from the
government, in addition to any permission it may require from the Zimbabwe
Electoral Commission.
Also, if a human rights organisation wanted to
publish details of a court
ruling that, for example, affected the rights of
citizens, it would have to
get permission from the Justice Minister, who is
currently ZANU PF top-dog
Patrick Chinamasa. All this would restrict the
ability of ordinary citizens
to monitor what the authorities do and is
completely contrary to
international principles of good
governance.
According to parliamentary watchdog Veritas, the bill is
clearly
unconstitutional, because Section 20 of the Constitution guarantees
freedom
of expression, that is to say freedom to “receive and impart ideas
and
information without interference”. The proposed amendment will hinder
this
freedom because no one will be able to publish laws and court
proceedings
without permission from the Government.
Reporters Without
Borders Secretary General Jean-François Julliard on
Wednesday said; “The
bill will further aggravate the already precarious
situation for Zimbabwe’s
media.” He said it appeared to be a deliberate
political move “designed to
prevent any critical examination of the
government’s actions.”
“The
bill is extremely dangerous as it would allow the authorities to adopt
unjust measures without anyone knowing and without anyone being able to
protest. It shows that the government is rejecting transparency in favour of
secrecy and abuse of authority,” Julliard added.
The Media Monitoring
Project Zimbabwe (MMPZ) also said this week that the
proposed amendment bill
would worsen an already heavily restricted media
environment. The group
said; “Clauses in the Bill published last month are a
blatant attempt to gag
the media from reporting on important government
actions that are currently
free from restriction.”
Loughty Dube, the Chairman of the Zimbabwe
chapter of the Media Institute of
Southern Africa (MISA), told SW Radio
Africa on Thursday that the current
media environment was “restrictive
enough without new clampdowns.” He said
there have been no meaningful
changes to the media space since the inception
of the unity government,
despite promises in the Global Political Agreement
(GPA) to reform the
restrictive situation.
“I do no see any meaningful reforms any time soon,
especially not before
elections next year. We are seeing already the
restrictions against
journalists so things are looking bleak ahead of
elections,” Dube said.
The bill’s announcement has coincided with a
number of developments in
recent weeks that have raised concerns about a
renewed crackdown on the
media. Most recently, police in Bulawayo this week
arrested Standard
journalist Nqobani Ndlovu and charged him with criminal
defamation, for a
story he wrote on the cancellation of promotional
examinations in the police
force.
The arrest followed the
government’s announcement at the start of the month
that no licences would
be issued for new radio or TV stations, saying there
were no mechanisms in
place to ‘monitor’ the actions of the independent
broadcast media. Before
that, two journalists, Nkosana Dhalmini and Andrison
Manyere, were arrested
while covering a public debate at the end of last
month and were held for
two days. An arrest warrant was also recently issued
for The Zimbabwean
editor Wilf Mbanga, in connection with an article
critical of Mugabe that
was published after the 2008 elections.
MDC
fully behind Harare for defying Zanu PF and Chombo’s senseless
directives
http://www.thezimbabwean.co.uk
Written by MDC Information & Publicity
Department
Thursday, 18 November 2010 12:50
Ignatius Chiminya Chombo,
a Zanu PF politburo member and the Minister of
Local Government, looks
determined to fleece Harare’s residents of their
hard-earned income and to
sabotage service delivery through unending
investigations and blatant
interference into the affairs of the city.
The MDC is concerned that
after Chombo probed the council for what he called
irregular evictions of
residents from council houses and suspended the
councillors he suspected of
wrong-doing, he launched yet another committee
to pursue the same issue at
an astronomical cost to the council.
In both cases, Chombo simply fixes
the charges for the investigations,
without any justification or
consultation with either the council or Mayor
Muchadeyi Masunda, sparking
unnecessary confrontation to the detriment of
the city’s residents and
rate-payers. The MDC fully supports Mayor Masunda
in his refusal to folk out
more than US$100 000 for Chombo’s new nine-member
team, chaired by lawyer
Andrew Makoni. Mayor Masunda is right to protect the
people by querying the
rationale of setting up two separate teams to conduct
essentially the same
probe, in particular over Chombo’s apparent failure to
explain the manner in
which he decided on the team’s collective fee.
Chombo says the Urban
Councils Act allows for the local authority to pay for
any investigators
that the Government commissions. But how did he fix lawyer
Makoni’s fee at
US$30 000; US$18 000 for a T. Mangami; US$13 000 each for a
F. Mbetsa, a T.
Goko and a Mrs Chimoga; US$9 000 for a Mrs B. Rubwe; and
US$8 500 for a C.
Musango. In addition, Harare is expected to pay an
interpreter identified
only as Matubu US$8 500 with Mr F. Matuku, the
transcriber, another US$6
000.
Notwithstanding the above, the Harare City Council has already paid
US$37
000 under protest to the Kwenda committee Chombo appointed earlier for
a
similar assignment.
It is common cause that since Chombo and Zanu PF
fired the democratically
elected council, led by Engineer Elias Mudzuri in
2004 and replaced it with
illegal commissions for nearly five years, Chombo
was effectively the actual
executive mayor of Harare for nearly half a
decade. In that period, the city
slumped into an abyss, lost its patina and
became a Zanu PF looters’ closet.
At the time, Chombo flatly refused to
allow residents to elect a council in
terms of the same Urban Councils Act
to which he seeks refuge today. The
High Court issued several court orders
requiring Chombo to observe the rule
of law, which he ignored without shame.
In 2007, after dumping the Makwavara
commission, Chombo brazenly appointed
Michael Mahachi, his former
school-mate and personal friend at Kutama
Mission to front for him at Harare
City Council.
After the 29 March
2008 elections, Chombo delayed the swearing in of
democratically elected
councillors for 63 days, in a clear breach of the
Urban Councils Act, to
fast-track critical decisions for his own personal
benefit and whose impact
negatively continues to affect by the people of
Harare today. These include
the appointment of what he called a care-taker
council, again led by Michael
Mahachi; the change of use and allocation of
20 hectares of prime suburban
land in Hellensvale to Chombo’s private
company, Harvest-net; the awarding
of lucrative contracts to a shadowy
company to acquire land and to build the
Harare Airport Road; and the
illegal employment of 742 council workers,
mainly Zanu PF fanatics, to key
municipal posts.
The MDC maintains
its position that Chombo has gone too far. The party
believes the man is
unfit for public office and must be restrained, as a
matter of urgency. The
party is fully behind the Masunda-led council in its
desire to bring back
the shine to Harare. There is absolutely no basis for
the council to fork
out such an obscene fee for Chombo’s political projects.
Together,
united, winning, ready for real change!!
Police
clamp down on MDC activists
http://www.thezimbabwean.co.uk/
Written by Jane Makoni
Wednesday, 17 November
2010 14:27
Zanu thug told to ask forgiveness – and set
free
MARONDERA - MDC-T activist and council municipal police officer,
Freddy
Munemo, was arrested by police last week after he was brutally
attacked by
Zanu (PF) thugs here.
Munemo is among former police officers
who turned MDC and were accused by
state security agents of revamping MDC
youths wing into a vibrant unit
rising to Zanu (PF) challenges. Munemo and
Admire Takawira, both members of
the local municipal police and former
Zimbabwe Republic Police Officers, are
constantly arrested by the police on
trumped-up charges to derail MDC party
activities in the district.
“To
cover up for the barbaric attack on Munemo by Zanu (PF) thugs, partisan
police officers, Masendu and Member in Charge Dombotombo Police Post,
Assistant Inspector Eniah, framed charges and linked the MDC activist to an
attempted robbery which had occurred in town. A police officer had survived
an armed robbery near the Harare-Mutare road some 200 meters from Dombotombo
Police Station. He managed to cut with a knife below the chest of the
assailant before he was shot by the thug in the shoulder. Since the attack
on Munemo was reported at the police post, top cops-cum Zanu (PF)
sympathizers at the police station found a loophole to clamp down on
influential MDC and former police officers. Eniah ordered police to arrest
and detain Munemo. The grand plan was to detain other former police officers
in MDC,” said a senior police officer at the district police headquarters,
where Munemo was detained for two days.
Munemo was allegedly attacked by
Zanu (PF) members Gift Madambudziko Midzi,
Taurai Sauti, a Party District
Coordinating Committee Member, Gudo and
Murayichiro. Sauti was recently set
free by the criminal courts after he was
told to ask forgiveness from Gift
Nezi, whom he attacked in May and knocked
out his tooth for expressing
independent views in the constitution
consultation process.
Despite
police being advised by medical doctors that bruises sustained by
Munemo
were not characteristic of a knife cut, they kept him in custody
without
reasonable justification. He was later released when council
ambulance
drivers indicated they had ferried a man with a deep wound below
the chest
to hospital on Tuesday night.
Sources within the police said harassment of
MDC activists was part of the
planned silencing of vocal and influential
Tsvangirai followers by state
security agents ahead of elections expected
next year. Masendu and Eniah are
unpopular for openly expressing their
hatred towards MDC. A number of MDC
activists have been unlawfully detained
by police on instructions from the
two partisan officers. Meanwhile, police
arrested another MDC-T youth, Brian
“Gwekwerere” Phiri, last Sunday, for yet
un-established charges.
Excuses
for maintaining ZBC monopoly piling up
http://www.swradioafrica.com
By Lance Guma
18 November
2010
Last week it was Mugabe’s acid tongued spokesman George Charamba
giving his
excuses as to why the government could not licence private
broadcasters.
This week the soft spoken man heading the Zimbabwe Media
Commission (ZMC),
Godfrey Majonga, joined in the fray to add his own excuse
to the mix.
Charamba, who is the permanent secretary in the Ministry of
Information, got
the ball rolling by claiming the government had no capacity
to monitor and
regulate the activities of any new players. Then addressing a
three day
media workshop in Kadoma Majonga suggested a lack of investment in
new
infrastructure in the broadcasting sector was making it difficult to
licence
new players.
Media analysts immediately rounded on the ZMC
chief, accusing him of putting
the cart before the horse. ‘Why would anyone
foreign or local invest in
infrastructure for something that they are not
allowed to do under the
current restrictive broadcast legislation,’ one
commentator queried.
On Thursday the Zimbabwe Association of Community
Radio Stations questioned
why; ‘In 2005 the Broadcasting Authority of
Zimbabwe invited applicants for
broadcasting licenses. Why would BAZ take
such an initiative if the
broadcasting infrastructure was really not
permissible for entrance by new
players?’
Majonga’s focus at the Kadoma
media conference was the absence of community-
based newspapers publishing
in vernacular languages. He said this was
important to empower rural people.
His said his commission, which focuses on
the print media, was exploring
ways to address the imbalance and would
provide incentives for investors to
lure them into setting up community
newspapers.
While his efforts in
this direction remain laudable it is clear print media
has limitations in
terms of reach. The circulation remains limited as people
battling high
poverty levels cannot afford the luxury of buying newspapers,
be they
community or national. Broadcasting remains the key to empowering
communities because of a wider reach and also because it is free.
It
is this wider reach however which Mugabe and ZANU PF are trying to hold
onto, by maintaining the Zimbabwe Broadcasting Corporation
monopoly.
Events in Gwanda this week provided ample proof. Police there are
reported
to have been given a directive to confiscate small wind-up radios
owned by
locals.
Members from the pressure group Gwanda Agenda say
they have been questioned
by the police about where the radios (donated by
NGO’s) are being kept. A
constable Mpala, from the Police Internal Security
Intelligence Unit,
visited the chairperson Jaston Mazhale at his home at 6am
in the morning in
search of the radios.
As possible elections next year
draw nearer, the seizure of small wind up
radios in mostly rural areas is
being accelerated countrywide as ZANU PF
tries to counter radio stations
that have had to broadcast from outside. In
October, police in Murehwa
seized portable radios donated by civil society
organizations.
Union
blasts Chinese firms for abusing Zimbabwean workers
http://www.swradioafrica.com/
By Tererai
Karimakwenda
18 November, 2010
A workers union in Zimbabwe has
threatened to take ‘strong’ action against
Chinese owned companies that are
allegedly violating labour laws by abusing
local workers. The Zimbabwe
Construction and Allied Trades Workers’ Union
(ZCATWU) blasted Chinese
construction companies which they accused of
‘beating up and firing local
workers at will’. What is even more disturbing
are reports that some Chinese
nationals say they have government protection.
Muchapiwa Mazarura, the
union’s Secretary-General, told SW Radio Africa on
Thursday that the Chinese
have become the biggest employer of construction
workers in Zimbabwe but
they are not treating workers in accordance with the
Labour Relations
Act.
He explained that Chinese firms are getting all the major contracts
while
local firms are not getting any. “Before entering into agreements with
the
Chinese the government should also invite the workers’ representatives,”
said Mazarura. “And when you to the Chinese sites you find that they do not
speak English,” he added.
Detailing some of the violations, Mazarura
accused the Chinese companies of
not providing protective clothing such as
the hard hats, overalls and hard
boots. He said there are no toilets on many
of the Chinese sites and workers
are forced to use the bush in many cases.
On other sites both genders are
using the same toilets.
Mazarura
complained that workers are underpaid, because the National
Employment
Council (NEC) is not inviting workers’ representatives to discuss
wages. The
Chinese firms are paying locals through what is known as ‘task
work’, and it
pays much less.
The union leader said they have informed the ministry of
labour about the
Chinese violations but ‘it seems the ministry is not
willing to assist’
them. Mazarura threatened to take action if what he
described as the
‘inhuman treatment’ continues. He said: “Our strategy is to
first
demonstrate against the Chinese in Zimbabwe. If this does not help
then our
members will not work on those sites.”
Meanwhile several war
vets are reported to have accused top ZANU PF
officials of being sellouts,
after they were evicted from a commercial farm
that they invaded illegally
in Dzivarasekwa Extension, that was sold to a
Chinese brick making company.
Locally known as KwaBob, the farm now belongs
to a Chinese company called
Tyger Bricks.
The war vets said they have realized that they were simply
used to invade
the property by party officials interested in benefiting
themselves under
the guise of the so-called land reform program. One angry
war vet reportedly
said: “We don’t eat bricks, we don’t eat the horrible
smoke that is coming
from these Chinese ovens of bricks.”
Union
leader Mazarura said there is a SADC-wide initiative involving unions
that
are sharing information about the Chinese companies in the region. They
plan
to cooperate and come up with a strategy to protect workers and
business
contracts that are being lost to the Chinese.
Partners
S.Africa and China battle for Zimbabwe
http://af.reuters.com
Thu Nov 18, 2010 12:56pm
GMT
* Eyes on Zimbabwe's platinum, diamond wealth
* Risks for
both by pressing too hard
* Zimbabwe may mean more for South Africa,
analyst says
By Jon Herskovitz
PRETORIA, Nov 18 (Reuters) - While
South Africa and China have been building
on a relationship that will bind
them even more tightly for years to come,
they have also been increasingly
at loggerheads over future influence in
Zimbabwe.
South Africa this
week hosted Vice President Xi Jinping, touted as China's
next leader,
signing deals with much ceremony to build trade with its
biggest bilateral
partner, while Beijing aimed to secure resources and
investment.
But
the two have also been quietly jockeying for years for a stake in the
untapped wealth in Zimbabwe, once a regional power through its minerals and
agriculture until blunders by the government of President Robert Mugabe
turned it into a basket case, where inflation reached 500 billion percent in
2008.
South Africa's exports to its neighbour are worth about a fifth
of
Zimbabwe's GDP and Chinese aid to Zimbabwe, hit with sanctions for its
human
rights abuses, has helped Mugabe and his ruling ZANU-PF survive
despite its
international isolation.
The prizes both are eyeing
include access to the world's second largest
platinum supplies valued at
hundreds of billions of dollars, diamonds,
agricultural riches and an
estimated $10 billion in development funds to
rebuild the country once the
Mugabe era ends and a democratic government is
in place.
"If you
compare the two, at the moment it is very clear that South Africa is
far
ahead in terms of commercial interests. It has established itself across
various sectors, from mining to retail to banking," said Anne Fruhauf,
Africa analyst for the Eurasia Group think tank.
"China clearly has
every incentive to leverage its political and historic
ties to carve out a
much bigger footprint for itself economically and
commercially. While
Zimbabwe is not a large economy, it offers strategic
resources," she
said.
ECONOMY ON MEND
Others have also been eyeing Zimbabwe for
years, including former colonial
ruler Britain and emerging power India,
whose Essar Group last week won a
deal to take a majority stake in
Zimbabwe's troubled state-owned steel maker
ZISCO that a source said was
worth up to $500 million.
But China and South Africa are far ahead of the
competition, as the state
appears increasingly to be on the mend.
The
battle for influence can allow Mugabe to play one suitor off against the
other, and strengthen his hand in his fight against battles Western critics
and domestic political rivals.
Zimbabwe's economic fortunes reversed
after Mugabe agreed to a power sharing
deal with rivals, with that
government deciding in February last year to
dollarise the economy, doing
away at a stroke with hyperinflation.
Zimbabwe's economy is probably
twice as big as its official IMF estimates of
nearly $6 billion, suggesting
its stock market when measured against
domestic output is a bargain, Imara
Asset Management said in a recent study.
It will grow for the second
successive year in 2010 due to positive policies
and strong commodity
prices, the International Monetary Fund said this
month.
South
Africa's retailers, banks and others are positioning themselves to
quickly
expand into Zimbabwe, with Impala Platinum already on the ground,
mining for
platinum with its Zimbabwe unit Zimplats.
South African insurer Old
Mutual, retailer Truworths, cement company PPC and
others are listed on the
Zimbabwe bourse.
China, meanwhile, has officially reached deals worth
billions for farming,
mining, power generation and rebuilding the country's
dilapidated
infrastructure.
RISKS
Mugabe and China forged a
partnership about 30 years in the independence
struggle, and "relations have
grown apace with the African nation's
isolation from the West and its
neighbours," analyst Joshua Eisenman wrote
in a report this month for The
Jamestown Foundation.
South Africa risks pushing Mugabe closer to China
by pressing for change, as
well as seeing a flood of immigrants from its
neighbour flowing over the
border if it weakens Zimbabwe's staggering
economy or the fragile political
alliance that has brought a small degree of
stability.
China, under fire for opaque deals in Africa to secure mineral
resources and
its support of governments widely regarded as rogue states,
risks a
diplomatic backlash for conspicuous displays of support for isolated
Mugabe.
China already looks to other countries in Africa to supply it
with the
resources to fuel its blistering growth, with Vice President Xi
leaving
South Africa for Angola to ensure a steady supply of oil from the
continent's second-biggest producer.
"It is safe to say Zimbabwe is
more important to South Africa bilaterally.
It is a strategic link to the
rest of the region," Eurasia's Fruhauf said.
"The same cannot be said of
China. China has a lot of alternatives. The
platinum play long-term is one
of the angles they are very keen on."
"Sanctions
Are Hurting the Right People"
http://www.ipsnews.net/
By Stanley Kwenda
HARARE, Nov 18,
2010 (IPS) - The word "sanctions" was among the first five
words mentioned
to the new European Union (EU) ambassador to Zimbabwe Aldo
Dell Ariccia when
he first arrived and met with government officials in
Zimbabwe a few months
ago.
The country’s politicians have tried to convince Zimbabweans and
outsiders
that the sanctions imposed on 98 individuals and companies are
directly
linked to the collapse of the country’s economy and the general
drop in the
quality of life.
In 2002 the EU imposed targeted
sanctions on President Robert Mugabe,
members of his ZANU-PF party, armed
forces, the police, judges, individuals
and companies with links to the
party and its officials. The sanctions were
a direct response to the
deterioration in the human rights and political
climate in the
country.
The terms of the sanctions include travel bans to EU territory,
freezing of
assets, an embargo on arms and related materials and a ban on
equipment that
might be used for internal repression.
Dell Ariccia
describes the measures as "restrictions on ZANU-PF officials,
their entities
and those individuals and entities associated with them.
"The sanctions
are not designed to hurt the ordinary people of Zimbabwe but
those targeted
and those who are close to political power. To demonstrate
this fact the EU
remains Zimbabwe’s second biggest trade partner after South
Africa," Dell
Ariccia points out.
To buttress his point he told IPS that the EU is
funding an 18 million
dollar project to support the recovery of the
country’s important sugar
sector. The EU also remains actively involved in
several humanitarian
projects in the country.
But economic historian
Dr Tafataona Mahoso differs sharply from the EU
envoy. "These sanctions are
an economic war on the people of Zimbabwe. Lives
of people have been
devalued and pushed back to 1953 levels," said Mahoso.
He regards the
sanctions as a Trojan horse employed against the people of
Zimbabwe.
Mahoso cites the example of millions of Zimbabweans who
migrated to
neighbouring countries and western capitals where they were
forced to take
up menial jobs that they would not have accepted back home.
This is an
effect of the sanctions.
"We have witnessed the loss of
pensions and of dignity, which explains why
this is a war. It affects
everyone in its path," he says.
In outlining how the country’s economy
has been affected by the sanctions,
Mahoso explains that Zimbabwean
companies are not able to source equipment
from abroad because they cannot
access lines of credit. The country’s
government is struggling to provide
basic services because it is forced to
operate a cash economy.
"A
sanctioned economy produces a sanctioned people. The economy is like a
river
and whoever decides to impose sanctions on a country is like putting
poison
in that river and anyone who depends on that river is affected,"
believes
Mahoso.
But Mahoso’s view is not necessarily the dominant one among
Zimbabweans.
"There are no sanctions on the economy of Zimbabwe and its
people by the EU
and other western countries," argues Okay Machisa, the
director of Zimbabwe
Human Rights Association (ZimRights) in an interview
with IPS.
"We know the real sanctions were imposed on the people of
Zimbabwe in 2008
by a certain regime which barred us from enjoying freedom
of expression and
association with a political party of our choice," he
adds. ZimRights is a
membership-based organisation that fights for citizens’
human rights.
It is widely believed that the presidential election
results of 2008 were
rigged to prevent an absolute victory for the Movement
of Democratic Change’s
Morgan Tsvangirai.
Biko Mutsaurwa, an artist,
also holds a different opinion. He told IPS that
the country’s economic woes
have nothing to do with EU sanctions but are a
direct result of poor
economic policies.
"The crisis was triggered when the government was
persuaded to adopt neo-
liberal policies in the 1990s based on the
recommendations of the
international financial institutions," says
Mutsaurwa. The international
financial institutions are the World Bank and
the International Monetary
Fund.
"The fact that only 98 people and
their companies are sanctioned and the
effects are felt by the whole country
tells of the corruption and plutocracy
of the 98 people who control
everything," he argues.
But have the sanctions achieved their intended
purpose of adding pressure on
the political elite to return to
democracy?
"There has been an impact on the people who are targeted. If
not, they would
not have launched this campaign for the removal of the
sanctions," says Dell
Ariccia.
However, John Chimunhu, a freelance
journalist, is of a different opinion:
"Nothing much has changed, the
repression goes on and the targeted people
have transferred their loot to
Hong Kong and are continuing looting here at
home," Chimunhu told IPS. (END)
Zimbabwe land reform 'not a
failure'
18 November 2010 Last updated at
02:48 GMT
By Joseph Winter BBC
News
Zimbabwe's often violent land reform programme has not
been the complete economic disaster widely portrayed, a new study has
found.
Most of the country's 4,000 white farmers - then
the backbone of the country's agricultural economy - were forced from their
land, which was handed over to about a million black Zimbabweans.
The study's lead author, Ian Scoones from the
UK's Institute of Development Studies at Sussex
University, told BBC News he was
"genuinely surprised" to see how much activity was happening on the farms
visited during the 10-year study.
"People were getting on with things in difficult
circumstances and doing remarkably well," he said.
He declines, however, to characterise it as a
success.
'Facts on
the ground'
The policy was central to President Robert
Mugabe's re-election campaigns in 2002 and 2008, as he argued that he was
putting right the wrongs inherited from the pre-1980 colonial era, when black
Zimbabweans were forced from their homelands in favour of white
settlers.
But his numerous critics accused him of simply
bribing voters, while destroying what used to be one of Africa's most developed
economies.
"What we have observed on the ground does not
represent the political and media stereotypes of abject failure; but nor indeed
are we observing universal, roaring success," says the study - Zimbabwe's Land
Reform, Myths and Realities.
Mr Scoones accepts that there were major
problems with the "fast-track" land reform programme carried out since 2000,
such as the violence, which included deadly attacks on white farmers and those
accused of supporting the opposition, and the corruption associated with the
allocation of some farms.
The study also notes that most beneficiaries
complained about the government not giving them the support they need, such as
seeds, fertiliser and ploughing the land.
But he says much of the debate has been unduly
politicised.
"We wanted to uncover the facts on the ground,"
he said.
Mr Scoones says
it is important that the full pictures, with all its nuances, is known and
argues that the 10-year study of 400 households in the southern province of
Masvingo debunks five myths:
- That land reform has been a total
failure
- That most of the land has gone to political
"cronies"
- That there is no investment on the resettled
land
- That agriculture is in complete ruins, creating
chronic food insecurity
- That the rural economy has
collapsed.
Investing in the land
The study found that about two-thirds of people
who were given land in Masvingo were "ordinary" - low-income - Zimbabweans.
These are the people Mr Mugabe always said his reforms were designed to
help.
The remaining one-third includes civil servants
(16.5%), former workers on white-owned farms (6.7%), business people (4.8%) and
members of the security services (3.7%).
Of these, he estimates that around 5% are
"linked to the political-military-security elite".
In other words, that they were given the land
because of their political connections, rather than their economic need, or
agricultural skills.
Mr Scoones accepts that the proportion of such
"cronies" being given land may be higher in other parts of Zimbabwe, especially
in the fertile areas around the capital Harare, and that 5% of people may have
gained more than 5% of the land even in Masvingo.
But he maintains that they gained a relatively
small proportion of the overall land seized across the country.
The researchers found that, on average, each
household had invested more than $2,000 (£1,200) on their land since they had
settled on it - clearing land, building houses and digging wells.
This investment has led to knock-on activity in
the surrounding areas, boosting the rural economy and providing further
employment.
'Under
the radar'
One of those questioned, identified only as JM,
told the researchers that before being given land he had relied on help from
others but now owns five head of cattle and employs two workers.
Many white farmers may be
reluctant to return to work in Zimbabwe's agriculture
"The new land has transformed our lives," he
said.
Others say they are much better off farming than
when they had jobs.
He says that about half of those surveyed are
doing well, reaping good harvests and reinvesting the profits.
Maize is Zimbabwe's main food crop but its
production remains reliant on good rains and output remains well below that
pre-2000. Mr Scoones says Zimbabwe's food crisis of 2007-8 cannot be put down to
the land seizures, as those people who went hungry produced a large surplus both
the previous and subsequent years.
Before the "fast-track" land reform began in
2000, tobacco, mostly grown by white commercial farmers, was Zimbabwe's biggest
cash crop.
But producing top quality tobacco requires
considerable investment and know-how, both of which are lacking among many of
the new black farmers.
Instead, they often grow cotton, which has now
replaced tobacco as the main agricultural export.
Mr Scoones says those who are struggling the
most are the least well-off civil servants, such as teachers and nurses, who
have been unable to get credit and do not have the resources, or political
connections, to invest in their land.
He hopes that as Zimbabwe's economy slowly
recovers under a power-sharing government, a new programme can be worked out
which would give these people the backing they need to succeed.
It is often argued that large-scale commercial
farming - as many of the white Zimbabweans used to practise - is inherently more
efficient than the smallholder system which replaced it, but Mr Scoones
dismisses this argument and says he is backed by several studies from around the
world.
He says it is now impossible to return to the
previous set-up and even suggests that some of the evicted white farmers may one
day work with the new farmers as consultants, marketing men, farm managers or
elsewhere in the overall agricultural economy, such as transporting goods to
market or helping to transform and add value to their produce.
Many of those who remain bitter about losing
their land may are likely to respond: "Over my dead body".
But Mr Scoones says a surprising number are
already taking this option and making reasonable money from it "under the
radar".
Crimes Against Humanity
dressed up as a Land Reform Program
What must we do to undress
it?
In the recent case in the Upper Tribunal [Immigration and Asylum
Chamber]
in the UK, another very important Judgment was made exposing the
Land
Reform program in Zimbabwe for what it is: "Crimes
Against
Humanity." It is another big step towards truth and
accountability
in Zimbabwe.
It is important for us to understand what
"Crimes against
Humanity" are that each victim can be involved in undressing
this
monster some persist in calling land reform. Justice Ouseley was
only
asked to look at [K] below; but is clear to anyone that has been a
victim
of land reform in the last 10 years, that [h] was an overriding
factor
throughout.
Article 7 of the Rome Statute of the International
Criminal Court says:
"1. For the purpose of this Statute "crime
against
humanity" means any of the following acts when committed as part
of
a widespread systematic attack directed against any civilian
population,
with knowledge of the
attack:
Murder;
Extermination;
Enslavement;
Deportation
or forcible transfer of population;
Imprisonment or other severe
deprivation of physical liberty in violation
of fundamental rules of
international law;
Torture;
Rape, sexual slavery, enforced
prostitution, forced pregnancy, enforced
sterilization, or any other form of
sexual violence of comparable
gravity;
Persecution against any
identifiable group or collectivity on political,
radical, national, ethnic,
cultural, religious, gender, other grounds
that are universally recognized as
impermissible under international law,
in connection with any act referred to
in this paragraph or any crime
within the jurisdiction of the
Court;
Enforced disappearance of persons;
The crime of
apartheid;
Other inhumane acts of a similar character intentionally
causing great
suffering, or serious injury to body or to mental or physical
health.
Article 30 deals with the mental element of the crime. Guilt
requires
both intent and knowledge which are elaborated as
follows:
"2. For the purposes of this article, a
person
has intent where:
In relation to conduct, that person means to
engage in the conduct;
In relation to a consequence, that person means to
cause that consequence
or is aware that it will occur in the ordinary course
of events.
In this important case Justice Ousley looks at the evidence
regarding the
farm invasions that "SK" was involved with. It is
very
familiar to almost every farmer and farm and worker who has lived on
a
Commercial Farm in Zimbabwe over the last ten years:
"16. In
April and October 2002 appellant was involved in two
farm invasions which she
had explained in detail and which involved her
being part of a large group of
Zanu PF activists who attacked two white
owned farms. The first attack took
place at a place called Manzou Farm
where a white farmer had been given an
eviction order which he had
disregarded. The appellant was with a mob of
perhaps one hundred twenty
people, including members from different areas and
trained youth members
and senior leaders.
17. The group was
split into two and the senior members which
included the appellant's uncle
went to the farmer's house and
beat him up. The appellant in the other group
was involved in going to
the farm workers' houses, beating them up and
burning their houses
down. The appellant admitted that she was one of those
carrying a stick
or "chamu", but she was not involved in burning any of
the
houses. She found the situation very scary and although she did
hit
people she did not use excessive force.
18. The appellant
disliked what she had to do, but was afraid of
the repercussions if she left
the youth militia. Rumours abounded about
how another girl had tried to
escape, had been caught and severely
punished."
26. Her evidence
about the second was this:
"20. In early October 2002 she and others
were involved in
another farm invasion at a place called Bellrock Farm where
the white
farmer had been given orders to leave the farm and had ignored it.
Again
she went with a large mob which might have included over one
hundred
youth members. Her uncle was amongst the senior members of the
group.
When they got to the farm her group was ordered to beat the farm
workers
in the fields and everyone joined in, including the appellant.
They
chased the farm workers and if they caught up with any worker they
beat
them until they left the farm. The appellant remembered that she
had
beaten one woman in particular and she felt very guilty about this.
She
felt horrible as to what had happened. She stopped hitting the
woman
when she saw what distress she had caused and the woman scrambled
away.
Farm Workers' houses were set on fire but the appellant was
not
involved in that. But she did witness the Zanu PF leaders
questioning
the white farmer when she saw him being beaten badly and his
property
being destroyed."
Justice Ouseley finds that:
"The
violent occupation of farms and forcing people, including farm
workers from
their houses, was part of the State violence, formal and
informal, used to
crush opposition and those who were not regime
supporters."
"We are
satisfied that the intention behind these invasions in
general, and it
applies as well to the two in which the Appellant
participated, was to cause
great suffering or inflict serious physical or
mental injury. The aim was to
drive people from their homes and their
work, and to do so in such a way that
they would be so cowed by their
experience that they would neither return to
their homes nor foment
opposition outside. It would also deter resistance on
other farms or in
other potential areas of opposition. The aim was achieved
by the mob
violence of beatings administered to men and women, burnings and
lootings
in a deliberately brutal and terrifying experience.
"We are
satisfied that these two farm invasions were part of
widespread systematic
attacks against the civilian population of farmers
and farm workers, carried
out not just with the full knowledge of the
regime but as a deliberate act of
policy by it, with the intention of
advancing its grip on power, suppressing
opposition, and helping its
supporters.
"These acts were obviously
inhumane, and were, in our judgment, of
a similar character to those in
sub-paragraph (h) of Article 7. These
acts were clearly persecutory acts
against an identifiable group, farmers
and farm workers. They were
undertaken for political reasons, the
suppression of perceived opposition and
for the financial advancement of
the regime members and supporters. There
was a clear racial element in
the attacks on the farms, and the farm workers
who were a necessary part
of the white farmers' ability to benefit from the
farm.
"...we are satisfied that the two farm invasions were
crimes
against humanity. No doubt, these actions could have been charged in
a
variety of ways, including causing grievous bodily harm with
intent,
affray, violent disorder, and arson. But such an exercise would
distract
from the true question: did these two farm invasions, with their
specific
aim, intent and effect fall within Article 7 sub-paragraph (k). In
our
view, they did."
Justice Ouseley then looks at SK's own criminal
part in the Crimes
Against Humanity she was part of:
"We now turn to
whether the Appellant's participation in them
makes her criminally
responsible. The Appellant was a participant in
serious mob violence. The
intention of the instigators and participants,
including her, was that the
farmer and farm workers be driven from their
homes, by violent beatings and
burnings, never to return and to deter
them from opposition to the regime.
The intention was that the farms
would then be available for regime
supporters....
"The Appellant was not merely present. She was on each
occasion a
voluntary, even if reluctant, actual and active participant in
beatings;
even taking her evidence at face value, beating many people hard as
part
of the aim of driving them away. She specifically tried to
demonstrate
her loyalty to Zanu-PF in her actions.
"She is plainly
criminally liable on a joint enterprise domestic
law basis.
"If there
is an additional requirement that, in these
circumstances, there be a
substantial contribution to the crime, we
consider that she provided it. That
expression is not intended to exclude
all but ringleaders and major
participants. Each of those who guard
extermination camps, for example, make
a substantial contribution to
genocide.
"Active participation in mob
violence which itself falls within
sub-paragraph (k) makes a substantial
contribution to that crime against
humanity..."
There are some farmers
and farm workers that feel for whatever reason
that they do not want to
bother with truth, justice and accountability.
There is a feeling that we
should make a deal with those that have
committed the Crimes Against Humanity
and allow the status quo to
persist.
Almost exactly 4000 years ago a
big thing happened between Abrahams
grandsons: Esau came back from the bush
very hungry. Jacob was
cooking. In Genesis 25 it says:
"He said to
Jacob "Quick let me have some of that red stew!
I'm famished."
Jacob
replied "first sell me your birthright."
"Look, I am about to die," Esau
said. "What good is
the birthright to me?"
But Jacob said, "Swear to
me first." So he swore an oath to
him selling his birthright to
Jacob.
Then Jacob gave Esau some bread and some lentil stew.
There
are some in `organised' agriculture that would sign
away our rights like Esau
for a bowl of stew because they are desperate
and without vision. We need to
counter this and build a solid foundation
for the future of agriculture and
our country by ensuring that title
doesn't get swallowed up like Esau's stew;
and that justice
and the rule of law is able to triumph over wicked
ways.
If anyone knows who the owners of Manzou and Bellrock farms are
they need
to come forward. We need to build on this case with urgency as a
start.
At the same time it is critical that each individual victim
records his
or her own ordeal for the bigger picture regarding the Crimes
Against
Humanity that have been committed. Together we can all show
the
"widespread systematic attack," that the land reform program
is - and
start to bring accountability to the architects. As the
truth is exposed and
the mosaic comes together, it will become harder and
harder for the acts of
wickedness to continue.
Ben Freeth. [ freeth@bsatt.com ]
Open Letter From The Southern African Commercial
Farmers Alliance To The South African Ambassador To Zimbabwe
S•A•C•F•A
Southern African Commercial Farmers
Alliance
Mr.
Ambassador,
SACFA is an association of commercial farmers formed in 2004
after the
farmers of Matabeleland broke away en masse from the Commercial
Farmers
Union. We were then appalled at their insistence of following
policies of
accommodation with, and appeasement of, the very government
which had
systematically set out to destroy the livelihoods of ourselves,
our staff
and all of our combined families and dependents.
We know of
no dictator who has relinquished his position voluntarily and
without
pressure. Hitler needed the combined military forces of the free
world to
remove him: the people of South Africa through their concerted
actions
convinced F W de Klerk of his untenable position. There are
numerous other
examples.
As far as Rhodesia was concerned, South Africa was vital in
paving the way
for majority rule and they still hold the key to proper
governance in this
country thirty plus years later.
Yet in spite of
the ongoing deterioration in the wellbeing of the common man
in Zimbabwe
your government refuses to use this power that sits firmly in
their grasp.
There is no denying that this regime has committed and
continues to commit
all manner of crimes against the people of this country.
Gukurahundi;
Murambatsvina; short sleeves or long sleeves; beatings and
other forms of
electoral violence; abductions; mass confiscations of ZAPU
properties
without compensation; forced removal and impoverishment of
farmers, their
workers and families; rape and looting of the country’s
mineral wealth – the
list knows no end. Some of these crimes have been
labelled genocide and
crimes against humanity. The SADC Tribunal has ruled
against
others.
Although we speak as commercial farmers let us make it clear that
in spite
of the horrible things have been visited upon us all personally,
these pale
into insignificance when compared to the horrors that the
ordinary
Zimbabwean has had to endure at the hands of this regime. During
Gukurahundi more than 20 000 Matabele people were killed. Far more were
beaten and tortured. The region still remembers vividly the terror that was
indelibly inflicted upon them.
Operation Murambatsvina, by the
estimate of the UN’s Anna Tibaijuka,
destroyed the homes and livelihoods of
at least 700 000 people. During the
dying throes of the Zimbabwe dollar,
people who had no hard currency and
transport to shop in neighbouring
countries starved, some to death.
Everyone’s pensions and savings have been
stolen by government through the
inflation they inflicted by their insane
use of currency printing presses.
A further effect of this inflation is that
the working capital of our
industries and commercial enterprises has
disappeared with the consequent
loss of livelihood for all those hundreds of
thousands of workers who have
lost their employment. Famine relief has been
denied those who are seen as
opposition supporters.
No, Sir, this
saga has not just been a popular vendetta against perceived
wealthy white
land barons justified by labelling their long dead forebears
as thieves;
this government has uprooted and devastated and impoverished and
expelled
many millions of ordinary black Zimbabweans. These are the
ordinary men and
women who held out the hand of friendship and assistance to
you and your
countrymen when you were striving to cast off the shackles of
apartheid.
But now your government sees fit to abandon them in their hour
of
need.
The South African government appears to go out of their way to prop
up the
administration in Zimbabwe. Your then President Mbeki forced the
winners of
the last election to “share” power with the losers in an unequal
deal which
effectively left full control in the hands of the losers. They
cover up the
true state of affairs here by refusing to make public the
report of Judge
Sisi Khampepe and Deputy Chief Justice Dikgang Moseneke who
were appointed
by President Mbeki to observe the 2002 Zimbabwean
Presidential Election. So
too do they cover up the report of the South
African Army Generals who were
sent to investigate pre-election violence.
They declare obviously flawed
elections “free and fair”.
They
actively participate in what appears to be a devious scheme hatched by
the
Justice Ministry in Harare to preclude the SADC Tribunal from delivering
any
further rulings which are deeply critical of Zimbabwe government
actions.
The Tribunal is merely the legal arm of the SADC Treaty
adjudicating whether
certain behaviour in the Region is in accordance with a
Treaty which
Zimbabwe helped sponsor back in 1992 and then freely joined as
a founder
member.
Blindly they allow themselves to be swayed by the blandishments
and rhetoric
of a cunning and crafty regime in Harare which has gained
notoriety for
abusing any means, reneging on any promises, to prolong its
stay in office.
Now numerous African legal and human rights organisations
have shown that
the SADC Summit lacked any authority under the SADC Treaty
to act against
the SADC Tribunal as they did in Windhoek last August. This
sort of
complicity tars the South African government with the deceit of the
regime
in Harare.
They parrot the fabrication that “illegal
sanctions” are the cause and lie
at the heart of our misfortunes when anyone
can see the problems result from
years of grotesque
misgovernance.
They have entered into a Bilateral Investment Treaty with
Harare which our
government time and time again flouts with seemingly
snowballing impunity.
Is this behaviour not at the very least an
embarrassment for your
government? At this point we should like to thank
you Sir, for your
assistance in helping some of those covered by the Treaty
to return back to
their homes after they had been dispossessed by state
sponsored thugs. Had
your government but some of your resolve and
determination! Thank you very
much from all of us.
Another instance
of misguided support for (or put another way, their lack of
active
opposition to) Zimbabwe’s iniquitous actions has now come back to
bite the
South African taxpayer. The Pretoria High Court ruled that the
South
African government was at fault for not using their diplomatic muscle
to
protect SA Citizen Crawford von Abo’s farming interests in this country.
The
arguments as to the quantum of damages to be paid are to be heard in
2011
and depending on the interest rate awarded could top R1 billion for him
alone. There are many others too to follow in von Abo’s footsteps and this
will perhaps become a very onerous burden on your government’s budget. It
will be a sad stain on South Africa should your taxpayers become obliged, as
a result of past omissions by your government, to carry a large part of the
cost of Zimbabwe’s profligate land grab declared illegal by the SADC
Tribunal.
It is obviously in South Africa’s enlightened self interest
that they stop
the rot in Zimbabwe from progressing any further. They do
not need any more
of this country’s population to cross the Limpopo and
establish themselves
as refugees all over South Africa, many to sustain
themselves through crime.
Nor do they need the infighting and greed in
government to escalate into a
civil war on their borders in a battle to see
who will ultimately control
the vast wealth of Chiadzwa/Marange.
We
are not suggesting that your country sends in troops to force this regime
to
relinquish power; the pressure we ask your government to exert is much
simpler than that. We are to hold another election next year and all
indications are that it is to be a repetition of the “short sleeves or long
sleeves” type of violence now ominously threatened to be escalated into an
even more violent “headless chicken” brand of barbarity.
What both we
in Zimbabwe and yourselves in South Africa need is for the
upcoming election
to be fair, with the result respected and enabled so that
this festering
sore in the SADC Region is healed and Zimbabwe again becomes
a good
neighbour to all. We ask your government to use its unique position
to
ensure two things: that SADC send roving observers backed by fearless
reporters at least six months before polling date to ensure that there is no
violence and fair play is seen to be the order of the day. This may require
an observer to be stationed at each police station as well. To this must be
added a clear penalty fearlessly administered so that those who commit
violence do not continue with the practice once the observers are out of
sight.
Secondly, they need right now to make it abundantly clear that
if the
election is not contested according to the standards set by SADC then
SADC
and the AU will not recognise the result. If Zimbabwe excludes SADC
observers and journalists then it is axiomatic that the results should not
be accepted in the Region and the world.
Please take this message to
your government. South Africa can easily
resolve a large part of their
illegal immigration and unemployment problems
by helping create the economic
climate a return to the rule of law in
Zimbabwe will bring about. Then
watch as we all thankfully return to our
homes and chosen professions in
this country!
C M JARRETT – CHAIRMAN
SOUTHERN AFRICAN COMMERCIAL
FARMERS ALLIANCE - ZIMBABWE
18 November 2010
Lara
signs as Zimbabwe 'batting consultant'
http://www.espncricinfo.com
ESPNcricinfo staff
November
18, 2010
Brian Lara, the legendary former West Indies batsman, has
announced that he
has signed a contract to work as a batting consultant to
the Zimbabwe
national team. Lara will work with the team during the World
Cup next year
and the home series against Bangladesh in May, during which
Zimbabwe will
make a tentative return to Test cricket.
"It's a
well-structured contract. I'm definitely looking forward to working
with the
team," said Lara, who was reported to have pulled out of the
Stanbic Bank
domestic Twenty20 competition in Zimbabwe after just three
games for the
Southern Rocks due to 'commitments elsewhere'.
It is as yet unclear what
Lara's role with the national side will mean for
Grant Flower, who was
brought in to perform a combined player/batting coach
role before Zimbabwe's
tour of South Africa in October.
The
waiter of Rosebank
http://www.newzimbabwe.com/
18/11/2010 00:00:00
by Alex Magaisa
THE
Diaspora, as foreign lands are commonly referred to in Zimbabwean
parlance,
can be a lonely place. There is something that, however long you
search, no
words can describe, that happens when you meet someone on foreign
soil who
is from your own country.
It cannot be described. Words simply fail to
capture the emotion that
connects one to the other; the bond that is
intangible and yet so real; the
warmth of feeling. You shake hands and you
smile at each other – the
connection is more than physical. No, it is not
easy to describe but anyone
who has had an encounter of this nature needs no
words to describe the
experience.
I remember the first time when I
met a Zimbabwean just a week after my
arrival in England. There were very
few of us, Zimbabweans at the time. It
was before the explosion of the new
Millennium, when the floodgates at
Gatwick and Heathrow were wide open. That
was before the barriers were
installed. I had come on a mission to read
books.
It was an unfriendly autumn of 1999 – the rain, the wind and the
coldness to
which an African boy’s body conditioned to the warmer climes of
Southern
Africa had severe challenges adjusting. I noticed the light rains
that never
stopped, day and night. It was like the rain that we call
mubvumbi at home –
the incessant, albeit light showers that go on from
morning till evening.
We didn’t like that kind of rain when we were boys.
We didn’t like it
because the elders always insisted that we take the
village livestock to the
pastures notwithstanding the mubvumbi falling from
morning till evening and
throughout the night.The elders said it was not
dangerous like the violent
storms that normally come with the dark, menacing
clouds, lightning bolts
that light the sky better than man-made fireworks
and clapping thunder that
assaults the ears and makes the heart
jump.
With mubvumbi, it was different. It was quiet but insistent. It
never got
tired. The storms were violent and short. We always used to think
they were
short because they spent their energy on being angry and
violent.
So we would take the raincoats, if any were available, some
shoes, again if
any were available, and go to the fields, with the cattle.
The cattle and
goats would graze while we waited in the rain. They grazed
without a care in
the world. Sometimes the cows would occasionally stop and
look at us. I am
not sure that they were sympathetic. They must have been
laughing because we
looked so miserable and cold and they knew we did not
have the energy to
beat them with our sticks if they
misbehaved.
But mubvumbi was good at night, especially the early
hours of the day.
Because when you sleep while mubvumbi is falling, you
sleep really well.
Mubvumbi in a house with a tin roof is quite an
experience. When the
mubvumbi rain hits the corrugated roof it does so
softly, creating a rhythm
that soothes the heart and mind. It’s as if the
gods are singing a beautiful
lullaby to the world and the world sleeps
peacefully while mubvumbi falls.
But as if to say reality is not that
sweet, it’s the most annoying feeling
to be woken up whilst in this state of
bliss to find that mubvumbi is still
falling outside and that you must go to
the fields again, because you see,
mubvumbi is not dangerous like the storm.
It’s at that time that you wish it
were a storm. It comes and goes very
quickly.
So when I was walking down the streets of Coventry in this
mubvumbi rain of
the English Autumn, I saw two African men on one side of
the road. In those
days it was not a common sight in Coventry, African
people. As I got closer
and caught sounds that hinted they were speaking in
Ndebele, the heart
jumped. It jumped because of excitement. It was the joy
of hearing a
familiar tongue spoken by other people for the first time in
seven days.
It didn’t matter that I only knew little Ndebele. It was like
I had met an
old but much-loved friend that I had lost many years before. It
was then
that I realised how odd it was that in all my 24 years, not a
single day had
passed when I had not spoken or heard someone speak in the
vernacular – all
but seven days.
So there we were, three Zimbabweans
feeling very happy to meet each other
but failing to express ourselves fully
in our mother tongues and having to
find a convenient bridge in the English
language. It was beautiful, though,
to have someone with whom one could
identify. We did not know each other
before. We did not know anyone between
us. We had grown up in different
parts of the country.
How odd it is,
I thought later that if we had met in Harare or Bulawayo, we
might have
passed each other as if neither of us existed. But thousands of
miles away,
enduring the mubvumbi rain of Coventry, we found a common bond
and that tie
was Zimbabwe – the land to which we were joined at birth, our
home.
Eleven years later and more experienced as a member of the
Diaspora, I found
myself in Rosebank, from my observations probably not the
most flamboyant
but nevertheless a comfortable district of Johannesburg. And
the emotions of
eleven years before revisited when I met Joseph.
I do
not know if it is right to say that you can tell by their looks or
conduct
that a person comes from a certain country. But I swear I have met a
man or
woman in the street and without even a single word spoken, I have
said this
is one of my own. I do not know what it is – perhaps there is a
connection
that no science has yet discovered.
So when I saw Joseph, immediately I
thought uyu ndewezhira uyu to borrow a
common saying from my Karanga
ancestors. And for sure Joseph was from home.
Not my village, no. Not even
my neighbourhood – see, when you are out in the
Diaspora, as it is called,
home is Zimbabwe. Zimbabwe itself is a village
and we are united by our
Zimbabweanness. It doesn’t matter that our tongues
clash and that we have to
find the English bridge to converse, although I
admit it is rather
embarrassing. It doesn’t matter that we have not known
each other
before.
Joseph is a waiter at the hotel. Over the course of my stay,
Joseph and I
spoke at length and I discovered that not less than half of the
staff were
vangu (my own) from home. All hard-working men and women. Some in
security,
others waiting on the tables and others dressed in their smart
uniforms at
the front desk. Zimbabwe’s foot-soldiers. Always with a smile,
always
courteous.
We shared stories of the trials and burdens of
living far away from home. We
spoke about home and the challenges that had
caused them to cross the
Limpopo. Yet in all this I found one common factor
– regardless of the
challenges, regardless of the pain and suffering, the
waiter of Rosebank and
his mates all hope to return home one day. They ask
for my opinion.
“Kwakadii mukoma? Ndimi murikubvako” (How is home, my brother
since you have
been there lately?)
And I say, home is improving, my
sister, slowly but things have been
settling since the tough days of 2008, a
year no Zimbabwean who went through
it can ever forget.
“Toda
kudzokera kumba mukoma, kuno hakuzi kumusha, kwakaoma!”, (We want to
return
home. It’s difficult here. It’s not home) she says, ending that
statement
with a laugh – a laugh of pain, you see, the one that tries but
fails to
hide the pain. Her tongue has learnt to command some Shona so we go
on
mixing Shona, Tonga, Ndebele and English – the latter, as always,
providing
a convenient bridge.
The security guard, another son of Zimbabwe, tells
me a funny story that
happened during the World Cup. Apparently, his
supervisor is a black South
African. The big boss, a white South African,
wanted to give some
instructions to the supervisor. They spoke through the
radios. But the
conversation between the two Rainbow men did not go
far.
So the supervisor went to the guard and asked him to speak to the
boss. The
boss gave the instructions and the guard noted them down before
relaying
them to the supervisor. Later the boss asked the security guard why
the
supervisor is such an arrogant man that he can’t seem to take
instructions.
The guard then explains to the boss,
“No, boss, the
supervisor is not arrogant. He just didn’t understand you. It’s
the
language, Sir!”
Apparently the supervisor’s command of English is less
than satisfactory. He
was not being arrogant. He simply didn’t get it in
that language hence his
resort to the humble security guard from Zimbabwe,
who saved the day.
"But he remains my boss,” the security guard said,
looking up to the sky
where small clouds were gathering, “even though I have
to communicate on his
behalf. But this is his country, so I
understand.”
“It will be raining soon,” he said, changing the subject
before adding, “I
must find some money to send home for seed and fertiliser.
They are waiting.
Guys at home think we have money, mukoma. But we’re also
struggling …” A new
guest interrupted us, as he had to go and help carry the
bags.
Later, that evening the rain came. It was not mubvumbi rain. It was
a short
and angry storm. But I was pleased because this was the first time I
had
experienced the smell of rain for many years. The smell of rain is
beautiful
but like meeting a countryman or woman on foreign soil, far away
from home,
it defies description.
The Zimbabwean Diaspora represents
one of Zimbabwe’s greatest assets. I am
glad to be part of an effort to
harness this potential. We are a long way
from doing much for the waiter of
Rosebank and his mates but as my favourite
film, The Shawshank Redemption,
captures so well, “Hope is a good thing,
maybe the best of things and no
good thing ever dies”...
You can contact Magaisa on e-mail: wamagaisa@yahoo.co.uk
No charm offensive can successfully air-brush Mugabe’s ‘Armageddon’
By
Clifford Chitupa Mashiri, Political Analyst, London 18/11/10
Desperate
Zanu-pf spin doctors must have ululated when a Tory former Foreign
Minister,
Lord Renton of Mount Harry was reportedly told the House of Lords
that
giving Robert Mugabe a comfortable house in the UK would be the best
way for
the government to help the people of Zimbabwe (Guardian UK,
10/11/10).
However, someone who saw the funny side of it commented:
“Maybe him
(Mugabe?), Blair and Bush could all become flatmates. Maybe eeven
(sic) turn
it into a reality tv show” (Guardian.co.uk accessed on 17/11/10).
The offer,
which would under normal circumstances be irresistible for a
despot like
Mugabe, might have been ill-timed, as it came soon after the
announcement by
Immigration Minister Damian Green of an end to the
moratorium on sending
back failed Zimbabwean asylum seekers. What would
Mugabe be seeking asylum
for?
“Would you agree that the best way for
us to help and assist the economic
recovery of Zimbabwe would be to offer
President Mugabe a safe, comfortable
and well looked after home in Britain?”
Lord Renton asked the peers. Lady
Verma, answering on behalf of ministers
replied: “I think your suggestion is
interesting, but I don’t think I will
comment on it further.” Although the
suggestion might have caused some
discomfort in Whitehall, ironically, it
was swiftly dismissed as “silly” by
Zanu-pf’s spokesman Rugare Gumbo who
said Mugabe does not need a home in the
UK (Zimbabwemail 12/11/10).
On hearing about the “asylum offer”, Robert
Mugabe must have rubbed his
hands with glee in view of the fact that he has
been “courting” the West for
a re-engagement since March when he said
Zimbabwe would have better
relations with London if David Cameron won the
election. “We have always
related better with the British through the
Conservatives than Labour.
Conservatives are bold, Blair and Brown run away
when they see me, but not
these fools, they know how to relate to others”
Mugabe told journalists
(Daily Mail UK, 05/03/10). What has happened to the
Zanu-pf supreme leader
who once said, “Mr Blair keep your Britain and I will
keep my Zimbabwe”.
It is becoming more and more mysterious why Mugabe
“the revolutionary
guerrilla leader and nationalist” is so eager to
re-engage with Zimbabwe’s
former colonisers whom he told to go to hell,
while his party supporters are
baying for the blood of the last white
farmer. In spite of his
characteristic or daylight anti-western rhetoric,
the tyrant congratulated
David Cameron when he came to power in May 2010,
and Zanu-pf officials have
reportedly heaped praise on the Conservative-led
coalition amidst frantic
efforts to fix a meeting for Mugabe with the
British Ambassador in Harare.
In what has become embarrassingly
“too-good-to-be true” charm offensive by
Mugabe’s Tourism Minister Walter
Mzembi at London’s Chatham House, some in
the audience wondered how the
would-be British tourists are going to survive
Zanu-pf ‘s ‘Armageddon’
code-named Operation Headless Chicken or Operation
Dimura Musoro targeting
MDC supporters who include white farmers in the 2011
election.
One
wonders what evidence UK’s Minister for Africa, Henry Benningham has
which
we all don’t have about improvement in human rights in Zimbabwe he was
referring to at Chatham House. Paradoxically, Mugabe’s regime last week
snubbed calls by the Zimbabwe Lawyers for Human Rights (ZLHR) for a probe on
acts of arson, assault, torture and murder committed in Muzarabani rural
district , 300 km north east of Harare (Zimonline, 18/11/10).
Mugabe
is worried about his dwindling international influence and increasing
global
isolation following the failure of his 10-year spirited campaign to
have a
travel ban slapped by the West on him and his inner circle for rights
abuses
lifted, even with help from SADC’s Jacob Zuma and fellow African
presidents.
Consequently, Mugabe revealed his frustration to Reuters in
September that
his “government” had recently made diplomatic forays to
engage the Americans
and the Europeans, but was disappointed ties remained
frosty (VoA News,
09/09/10).
Zimbabweans feel genuinely upset at the complicity of SADC in
the ongoing
violence, murder, harassment of journalists, denial of freedom
of assembly,
violation of human rights, breach of the rule of law and the
culture of
impunity that is being presided over by Robert Mugabe. The world
should know
that the people of Zimbabwe have had enough of Mugabe’s terror
tactics of
militarising general elections and putting the country’s security
forces on
a war-footing against their own citizens for partisan
reasons.
The United Nations Secretary General Ban- Ki moon and the
European Union’s
Council President Herman Van Rompuy have a moral duty of
care to the people
of Zimbabwe not to wait for an invitation from Zimbabwe
in order to deploy
election monitors and peacekeepers. Experience has shown
that world leaders
tend to wait until there are ugly tragic scenes like
those of Kossovo,
Rwanda, Sudan, Kenya and so on as if they were not
foreseeable. Gone are the
days when Mugabe commanded the respect of the
international community to be
entrusted with supervising free and fair
peaceful elections or to invite UN,
EU and British observers.
When
bilateral relations were good with the former colonial masters, Mugabe
was
appointed as an honorary Knight Grand Cross in the Order of Bath during
his
state visit to the UK in 1994 (BBC, 25/06/08). Few would have objected
to
Mugabe’s appointment by Her Majesty. In his heyday, before being stripped
of
his knighthood in June 2008 over violence ahead of a presidential run-off
election, Mugabe charmed the world with his excellent
eloquence.
“Only a government that subjects itself to the rule of law has
any moral
right to demand of its citizens obedience to the rule of law,” he
said in an
address to the nation on 4th March 1980.
That was before
the International Bar Association (IBA) sent a mission of
lawyers to
Zimbabwe in 2001 after hearing that judges were being
intimidated – some
even forced to retire – and a number of court orders were
no longer being
enforced by the police or government departments.
“There were early
indications that the rule of law was slowly becoming
Mugabe’s law”, wrote
Jonathan Thrope in his article, “Zimbabwe: A Complete
Collapse of the Rule
of Law” in The AM Law Daily published on 25 June 2008.
The misconception
by some SADC leaders that the Zimbabwe problem is a
colonial one about land
tenure is Mugabe’s major diplomatic victory. In his
book, “From Liberator to
Dictator: An Insider’s Account of Robert Mugabe’s
Descent Into Tyranny”,
Catholic human rights activist, Mike Auret says:
“Part of the reason for
writing this book was for me to try to gain some
understanding of how so
many of us so gravely misconstrued the situation in
Zimbabwe once
independence had been achieved. How was it possible that so
serious an error
of judgement could have been made by so many people, in the
world, not only
in Zimbabwe?” (Zimbabwesituation, 23/12/09).
There is a growing risk of a
“serious error of judgement” repeating itself,
hopefully it will not be at
Chatham House or some western embassy. One could
add that the discovery or
should we say, the international scramble for
Zimbabwe’s ‘blood diamonds’
appears to be neutralising Mugabe’s critics with
a good eye for business or
those who fear that they may lose everything to
the Chinese. However, no
charm offensive can successfully air-brush Mugabe’s
rights abuses for
economic expediency. Mugabe is not Zimbabwe and Zimbabwe
is not
Mugabe.
Clifford Chitupa Mashiri, Political Analyst, London
zimanalysis2009@gmail.com
Constitution Watch Content Series 5/2010 - 18th November[Separation of Powers Part 1]
CONSTITUTION WATCH
CONTENT SERIES 5/2010
[18th
November 2010]
Separation of Powers Part I
The Doctrine of Separation of Powers – its Values and
Limitations
Introduction
The doctrine of
separation of powers was touched
on in an earlier Constitution
Watch. It is one of the essential elements of the rule
of law, because without a proper separation of powers the rule of law will be
imperilled, but the doctrine has a wider application and this Constitution Watch will examine it in greater detail. It will be seen that although the doctrine represents an ideal which
cannot be put into practice absolutely, it does emphasise the need to provide
adequate checks and balances within the governmental
system.
Doctrine of
Separation of Powers
In essence, the
doctrine of separation of powers is that for a free and democratic society to
exist there must be a clear separation between the three branches of government,
namely:
· The
Executive, which is the
branch that executes the business of government. It comprises the President, Vice-Presidents and Ministers, the Public
Service, the Defence Forces, the Police Force and other law-enforcement
organisations. All the administrative, law-enforcement and
coercive organs of the State fall within the Executive Branch, making it
potentially the most powerful of the three branches of government unless its
powers are subject to limitations.
· The
Legislature, which is the
law-making branch. In Zimbabwe it consists of the Senate and
the House of Assembly.
· The
Judicial Branch, which
interprets the law. It comprises judicial officers and the
courts over which they preside. In Zimbabwe the
courts are divided into superior courts, namely the Supreme Court and the High Court, and the lower courts, which are
principally magistrates courts
and customary-law courts. There are also
specialised courts such as the Administrative Court, the Labour Court and the
Fiscal Appeal Court.
If one of these
branches encroaches upon the functions of the others, so the doctrine goes,
freedom and the rule of law are imperilled. If, for example, the Executive
(i.e. the President or a Minister) makes laws and enforces them, then we no
longer have the rule of law but rule by a man or woman, and the governmental
system will tend towards autocracy and tyranny.
In short the
doctrine states that, liberty and human rights can flourish only where each
branch sticks to its proper role.
How Each Branch of
Government is Appointed
Logically, the
doctrine of separation of powers should extend to the appointment of the members
of each branch. For example, according to the strict
doctrine of separation of powers the Legislature should not appoint members of
the Executive [i.e. Parliament
should not elect the President or the Prime Minister]; and for the same reason
the Executive should not have a role in electing members of the Legislature. Neither the Executive nor the Legislature should appoint members of
the Judiciary, for if they do the Judiciary will lose its independence.
And it goes without saying that judges
should not appoint the Executive — though that is what may have happened in the
United States when the Supreme Court decided the result of the 2000 presidential
election.
Who then,
according to the doctrine of separation of powers, should appoint members to the
three branches of government? In all the
principal draft constitutions produced so far — the Kariba draft, the NCA draft
and the Law Society draft — it is stated
that all legal and political authority derives from the people, so logically the
people should elect the President and the Prime Minister as well as all members
of Parliament. And judges and other judicial officers
should also be directly elected by the people.
How Each Branch is
Financed
It would be
impractical to expect each branch of government to raise its own
finances. The financing of all the branches must therefore
come from the central government fiscus, and may limit their
independence because whichever
branch controls the fiscus can starve the other
branches of funds. In order to maintain the
independence of the different branches, the Constitution could make it
obligatory for each branch to be provided with adequate funding to enable it to
carry out its functions.
Limitations
on the Separation of Powers
There is
probably no country in the world in which the doctrine of separation of powers
is applied strictly and absolutely. There are not
always clear dividing lines between administrative, legislative and judicial
functions — jurists have wasted oceans of ink and mountains of paper in trying
to define those terms precisely — and in a modern State there must be a great
deal of co-operation and interaction between the Executive and the Legislature,
in particular, if the State’s business is to be efficiently conducted.
In modern countries, therefore, there is
always some overlapping of functions. For
example:
· Legislation has
become so far-reaching and complex that Parliament cannot enact all of it.
Acts of Parliament must leave details to be
filled in by regulations made by other authorities, usually Ministers.
Hence the Executive branch must be given
some law-making powers. At present all
subsidiary legislation must be laid before Parliament, but Parliament has no
power to repeal it. It would be closer to the ideal of
separation of powers if Parliament did have such a power.
· The role of
government has expanded so greatly that many decisions which affect peoples’
lives must be made quickly, and some of these decisions require specialised
knowledge which is not possessed by judges or magistrates. Many of these decisions are made by administrative tribunals
established by and answerable to Ministers. Hence the
Executive branch is increasingly given judicial powers. This is not necessarily undesirable so long as the tribunal obey the
basic standards of fairness laid down by the law and so long as the courts are
able to review their decisions.
· It is generally
recognised that in a legal system such as ours, judges do not just interpret the
law. They develop and adapt the law to take account of changing circumstances,
and in that way they actually make law. Hence the judicial branch has some
law-making or legislative powers, but this power should not go beyond refining
and developing existing law.
· In some
countries the Head of State is elected by Parliament, not by the people. This
is usually the case where the Head of State is non-executive, but in South
Africa the executive President is elected by the National Assembly. While this
violates the strict doctrine of separation of powers it has the advantage of
ensuring that the Executive does not get too powerful and is ultimately
answerable to Parliament.
· Few modern
constitutions provide for the direct election of judges and magistrates.
They are usually appointed, subject to
safeguards to ensure their independence, by the Executive or the Legislative
branch, or by both branches.
Because there cannot be a complete
separation between the different branches of Government, the doctrine of
separation of powers can best be defined as a governmental system of separated
institutions sharing power fairly between them. Relative powers of each branch should be
balanced.
Value of the
Doctrine of Separation of Powers
Even though the doctrine of separation of powers cannot be applied
absolutely, it retains considerable value.
· In the first place, it emphasises the need for
a State to have strong independent institutions in order to check arbitrary rule
by the Executive. This is particularly important in a country
such as Zimbabwe which does not have a long history of democratic rule.
The Executive will always try to increase its
powers by encroaching on the functions of the other branches of Government,
sometimes for the best of motives. Without strong
institutions to oppose it these encroachments by the Executive will continue
until the other branches lose their power to check it.
· Secondly, the doctrine provides a yardstick
against which constitutional proposals can be assessed in order to determine
whether or not there will be adequate checks and balances within the
governmental system to ensure that individual rights are
protected.
Separation of Powers Not the Only Test of a Good
Constitution
As a test for
determining whether a constitution or governmental system is good or bad, the
doctrine of separation of powers must be applied with caution. It is fair to say that constitutions which completely ignore the doctrine are usually bad
ones – one of the branches of government will be found to overshadow the others
or liable to do so. But constitutions in which the doctrine is observed are not
necessarily good ones. If the doctrine is observed so strictly that the
different branches do not co-operate with each other, there may be governmental
gridlock. And the doctrine has nothing to say about the nature of the powers
that can be exercised by each of the branches within its own sphere. If, for example, all the powers of the Executive are vested in one
individual and there are no limits on his or her power, then the State will be a
dictatorship or nearly so;
and if the Legislature, though
completely independent, is not elected by universal suffrage, then the State
will be undemocratic; and if judges, though completely independent and
irremovable from office, are ignorant and corrupt, then there will be no rule of
law. So the doctrine of separation of powers has its limits in determining
whether or not a State is well governed. It is only one of several tests to be
applied.
In the second part of this Constitution Watch we shall compare the
three main constitutional proposals that have been put forward since 2000 – the
so-called Kariba draft constitution, the NCA draft and the Law Society’s draft —
to see how far they provide for a separation of powers.
Veritas
makes every effort to ensure reliable information, but cannot take legal
responsibility for information supplied