http://www.kubatanablogs.net/kubatana/?p=3999
This weekend, the
Constitutional Parliamentary Outreach Committee (COPAC)
held consultative
meetings in Harare and Chitungwiza, after the first
attempt to hold these
meetings was met with violence and intimidation. But
this second attempt
again resulted in violence, with one participant
hospitalised. Read the
Crisis in Zimbabwe statement about the weekend’s
outreach meetings
below:
Participant attacked, seriously wounded as police detain MDC
employee
A participant at a meeting held at St John’s retreat, Joshua
Manyere
(32) was beaten up and seriously wounded by suspected ZANU PF
supporters. He
is currently receiving treatment at a local
hospital.
Details obtained from an observer stationed at the venue
are that during
the meeting, suspected ZANU PF supporters threatened Manyere
with
unspecified action after his contributions were regarded as
inconsistent
with the views held by the ZANU PF supporters. After the
meeting, it is
alleged that Manyere was attacked by a group of suspected
ZANU PF supporters
and seriously injured during the commotion. The Coalition
is still awaiting
more details on the incident.
Meanwhile, Ms.
Diana Nyikadzino, an employee of the Movement for
Democratic Change is
currently being detained at Waterfalls Police station
for reasons still to
be established after her apprehension at Hopley Clinic,
Harare
South.
Details from other meetings monitored are as below;
Tadzikamidzi School, Chitungwiza
The meeting, which was initially
marred by intimidation, went ahead well
after COPAC intervened although
there were isolated cases of intimidation.
Zororo Center,
Highfields
* There was high security with approximately 20 police
officers
* The meeting started around 1100hrs and was attended by
approximately 300 people
* The meeting was temporarily disrupted
following contributions by
one participant who suggested that war veterans
should not hold the nation
at ransom because of their contribution to the
country’s liberation. The
contribution sparked outrage among some
participants believed to be war
veterans who threatened to take unspecified
action against the participant
after the meeting. The war veterans accused
the participant of disrupting
the meeting leading to his apprehension by the
police. He was however
released following complaints by other participants
who told the police that
the ejected participant had done nothing to warrant
such treatment. Despite
attempts to disturb proceedings, the meeting went
ahead.
Kuwadzana, Crowborough Creche
* The meeting was
attended by close to 300 people
* Police remained passive during
disturbances by some participants
who accused one respondent of attempting
to disrupt the meeting. COPAC
however managed to contain the situation and
the meeting went ahead.
This entry was posted on October 31st, 2010 at
2:08 pm by Amanda Atwood
From the MDC
Sunday, 31 October
2010
Three students James Katso (21), Peter Garanewako (24) and
another whose identity we are yet to establish were arrested today at Hatcliff
shops in Harare North constituency where the Copac consultation meeting was
being held.
Reports are that the three were the most vocal who spoke
their minds which, apparently, were at variance with the Zanu PF position so
much that the Zanu PF youth felt intimidated and decided to punish them after
the Copac team left.
The two are said to have been tracked by about
twenty youth who assaulted Garanewako before handing them over to the
police.
We are yet to establish which police station they were taken to
but they were ferried in a ZRP Nissan single cab registration no. ZRP 3195
M.
Meanwhile, three MDC officials, Eric Murai, the provincial youth
Assembly vice Secretary, Diana Nyikadzino, the MDC Harare provincial
Administrator, the Harare provincial Driver, Phineas Nhatarikwa and two
journalists, Andrisen Manyere and Nkosana Dhlamini, who were yesterday arrested
at a consultative meeting in Harare South constituency at St John’s retreat have
been released after being forced to pay US$20 fine.
http://news.radiovop.com
31/10/2010 13:59:00
HARARE,
October 31, 2010 – Police on Saturday arrested two journalists who
were
covering outreach consultations on the new constitution as violence and
chaos continued to dog the resumption of the process in the
city.
Andrison Manyere and Nkosana Dlamini were detained over night at
Waterfalls
Police Station after being arrested while covering a COPAC
meeting at St
John Retreat in Harare South. The two were arrested despite
being accredited
by the government.
They had also been cleared by COPAC
secretariat to cover the two-day
exercise.Nhlanhla Ngwenya, the national
director of the Media Institute of
Southern Africa Zimbabwe Chapter told
Radio VOP on Saturday night that his
organisation had contacted human rights
lawyer Alex Muchadehama to try
and secure their release.
But by Sunday
morning the journalists were still reportedly in police
custody in
Waterfalls.
Another Journalist Joshua Manyere (32) was beaten up and
seriously wounded
by suspected ZANU (PF) supporters at St John Retreat,
where the journalists
were arrested. According to sources Joshua was
battling for his life at a
local private hospital.
Details obtained from
an observer stationed at the venue indicate that
during the meeting,
suspected ZANU (PF) supporters threatened Manyere with
unspecified action
after his contributions were regarded as inconsistent
with the views held by
the ZANU PF supporters.
After the meeting, it is alleged that Manyere was
attacked by a group of
suspected ZANU (PF) supporters and seriously injured
during the commotion.
Meanwhile, Ms. Diana Nyikadzino, an employee of the
Movement for Democratic
Change was on Saturday detained at Waterfalls
Police station for reasons
still to be established after her apprehension at
Hopley Clinic, Harare
South. The Harare outreach resumed on Saturday and
ends on Sunday after it
was abandoned last month due to violence which left
an MDC T supporter in
Mbare dead.
http://news.yahoo.com
AP
– Sun Oct 31, 11:56 am
ET
HARARE, Zimbabwe – Public meetings to draft a new Zimbabwean
constitution
have now concluded after three months of
gatherings.
Police say rival party supporters jostled and traded insults
at some of the
final meetings held in and around Harare on Saturday and
Sunday.
The former opposition party, now in a coalition with President
Robert
Mugabe, says one of its supporters was severely wounded after being
stabbed
in violence linked to the weekend meetings.
Mugabe says a
constitutional referendum will be held in March. It is unclear
if the
deadline will be met.
The governing coalition was formed after disputed,
violence-marred 2008
elections. But it is deeply divided, undermining its
job of ushering in a
new constitution and preparing for general elections.
http://news.radiovop.com
31/10/2010
20:19:00
HARARE, October 31, 2010 - Workers at the Zimbabwe Revenue
Authority (ZIMRA)
have embarked on a low intensity strike to force
management to review their
salaries in a move that has slowed down business
at the country’s busiest
port of entry- Beitbridge.
The workers are
pushing for a 29 percent salary increase. The minimum wage
at Zimra is
USD$200 a month while the Revenue Specialists earn USD$300 per
month,
amounts well under the Poverty Datum Line (PDL) of USD$545 and barely
enough
to buy basic food stuffs.
The workers who are not allowed by law to engage in
an industrial action
because of their strategic importance to the country
are threatening to
intensify the action. Zimra sources said at the weekend
that workers have
gone
on the low intensity strike to force management to
review salaries as
directed by the Labour Court.
“The Revenue Specialists
or Officers based at the country’s ports of entry
are on go slow. This is
because the management is refusing to review
salaries,” said a highly placed
source.
“The Labour Court awarded the workers a 29 percent salary increament
but the
authorities are arguing that there is no money. ”
During a visit
to the country’s busiest border post at Beitbridge on October
30 this
reporter observed that only two Revenue Specialists were at work. It
took
them about four hours to clear five cross border buses and a couple of
private vehicles.
“We have been here for four hours, the officers are on
strike,”said a driver
with Greyhound Company.
The workers have been
mulling a strike action similar to the one that
brought the country to a
halt in 2007 in informal meetings that they have
been holding despite a
legal provision that stops them from doing so.
Zimra recently lost a
three-year-long bid to block its workers from forming
a trade union which
will represent the workers interests. The union seeks to
create a more
transparent way of managing
relationships between the authority’s management
and the close to 2500 Zimra
workers.Currently the relationship is managed
through a works council which
the workers accuse of being ineffective and
always succumbing to
bullying tactics by the management.
When contacted
for a comment, a senior Zimra official said as far as he was
concerned there
was no strike but confirmed that there is an arbitration
process currently
underway between the workers and the authority.
http://www.mg.co.za/
GODFREY MARAWANYIKA | HARARE, ZIMBABWE - Oct 31
2010 07:03
Luke Nyoni thought dollarising Zimbabwe's economy meant an
end to inflation,
but the weaker greenback is causing headaches in a country
that relies on
imports for most of its goods.
Much of Zimbabwe's food
and consumer goods now come from neighbouring South
Africa, where the rand
in October touched a 33-month high against the US
dollar, driving up prices
in Zimbabwe.
"It's difficult this side without the rands. We have been
forced to cut down
on some essentials such as flour. Last month we bought
four packets of
flour, but this month we bought three packets," said Nyoni,
a civil servant
originally from Mberengwa, 430km south-west of the capital
said as he
strolled a Harare shop with his wife.
Zimbabwe dumped its
local currency in January 2009, allowing trade in a
range of foreign
currencies but adopting the US dollar for all government
business.
At
the time, the rand was trading around 10 to the dollar. Now it's closer
to
seven to the dollar, having reached as high 6,76 earlier this month.
The
exchange problem is especially acute in southern Zimbabwe.
Close to the
border and dominated by ethnic Ndebeles who migrated from South
Africa in
the 1800s, stores in the south prefer to price goods in rands,
forcing
workers to convert their salaries every month.
Anguish
Government
workers earn up to $350 a month, but for those who need to shop
in rands,
their salaries have shrunk by about 25%, said Wellington Chibebe,
secretary
general of the Zimbabwe Congress of Trade Unions.
"The rand appreciation
is causing anguish for our members," he said.
In northern Zimbabwe, the
problem is with change. While shops price goods in
US dollars, they don't
have any American coins to offer as change.
Instead they give a voucher
for the change -- handwritten on a scrap of a
till slip -- or force
consumers to buy small products like chewing gum until
they reach an even
dollar amount.
Banks have brought in millions of rand coins from South
Africa, which they
want retailers to give as change for US dollar
transactions.
"The major problem we have is the issue of coins as
retailers are not
collecting them from banks," said John Mushayavanhu,
chairperson of the
Bankers Association of Zimbabwe.
"Right now we
have thousands of thousands of rand coins equivalent to
R89-million, but
retailers are not collecting them."
Single currency?
Many shops and
consumers battle with idea of calculating change in rands for
every walk
through the till, which has ignited a new debate about whether
Zimbabwe
should simply adopt the rand as its official currency.
Namibia, Lesotho
and Swaziland already peg their currencies to the rand.
Southern African
nations have agreed in principle to move toward a single
currency, but
progress has been slow.
Nhlanhla Ncube, an economist in the southern city
of Bulawayo, said
Zimbabwe's multiple currency system had created "a tale of
two cities in one
country."
"Right now we have the rand dominating
this side of the country [around
Bulawayo] and yet in Harare the US dollar
is widely used," he said.
"Within two to three years, we should maybe
adopt the rand instead of
relying on the multi-currency."
That's a
decision government isn't ready to take, said economic planning
minister
Tapiwa Mashaka.
"Definitely some employees have had their earnings eroded
due to the
strengthening of the rand," he said, but added: "The debate is
still on an
academic level to decide whether we formally adopt the rand or
any other
currency." - AFP
http://www.thezimbabwean.co.uk
Sunday,
31 October 2010 12:20
ZIMBABWE ELECTION SUPPORT NETWORK
Vumba - 29
October 2010 – The Zimbabwe Election Support Network the leading
independent
network on elections in Zimbabwe convened a conference in
Vumba – Leopard
Rock Hotel which brought together various organisations and
partners working
on elections to deliberate on electoral issues in light of
the possible
referendum on the new constitution and elections in 2011.
The conference
was held under the theme: Enhancing Mutual Cooperation and
Interaction on
election Related activities amongst CSOs.
Ninety participants attended the
conference and deliberated on Zimbabwe’s
preparedness for a referendum and
elections in which they noted that the
environment was not conducive for
holding democratic elections particularly
considering the following;
?
The political environment remains highly volatile, uncertain, and
tense. The
polarized environment-does not favor holding of elections as
violence would
most likely erupt.
? The GNU has not repealed repressive legislation such
as the Public
Order Security Act (POSA), the Access to Information and
Protection of
Privacy Act (AIPPA) and the Broadcasting Services Act.
?
These Acts have restricted people’s civil liberties and freedoms of
expression and association and they are inimical to the holding of free and
fair elections.
? Institutions and infrastructure that support
violence such as the Youth
militia, war veterans and a partisan security
force remain unreformed and
therefore a threat to democratic
elections
? The safety of human rights defenders and activists remains an
issue of
concern as this curtails the oversight function of civic
society.
Civic society organisations represented therefore demanded the
following;
? A total end and denunciation of politically related violence
and
prosecution of the perpetrators of all forms of political
violence
? That SADC ensures a non violent, free and fair election that
respects
the will of the people of Zimbabwe.
? That, the Zimbabwe
Electoral Commission (ZEC) be capacitated and
resourced to improve its
ability to manage elections efficiently and
effectively.
? That there
is need for complete overhaul and restructuring of ZEC
secretariat with a
view to reform the institution into a professional body
that is
non-partisan.
? That ZEC be in charge of all electoral processes including
voter
registration and control, compile and update of voters’ rolls.
?
That the ZEC be a truly independent electoral body that is accountable.
?
That there is need to do an overhaul review of the voters’ roll before
the
next elections
? That media freedoms be restored and guaranteed
particularly the
liberalization of the state media and licensing of
independent radio and
television stations;
? That police presence
should be limited to outside the polling station
where incidences of
violence are most likely to occur.
? That the Presidential powers and
temporary measures Act be made of no
effect during election time as it gives
unfair advantage to one particular
political party.
? That, the right
of assembly be restored and guaranteed;
? That, the legislative framework
for the elections be clarified as
quickly as possible, while ensuring the
greatest possible degree of
consensus between election stakeholders and
participation of relevant local
and international organizations;
? The
elections be administered at every level in an impartial and
professional
manner;
? Parties in the inclusive government look at the interests and
fears of
the security chiefs and open negotiations with them with a view of
making
sure that they do not interfere with the electoral process.
?
That the inclusive government ensures that a national election
communication
centre is set up and accessible to all political players and
stakeholders
and that results be announced as they come from the various
centres before
there is any possibility for manipulation by those with
access to the
process.
? Civic society also demanded reforms that provide for early
accreditation and the safety of local and international observers.
?
The role of inviting and accrediting of all observers should fall under
the
election management body. Adequate numbers of observers need to be
accredited early (as soon as proclamation is done) and deployed to all areas
of the country.
? The election should be monitored and supervised by
regional and
international bodies such as SADC, the African Union and United
Nations who
are present well in advance of the polls, and post-polling
day.
? Emphasis was on the need for transparency in all processes of the
elections which include; results management and announcement, transparency
in the production of ballot materials and processing of special and postal
votes
? Participation of diaspora in the electoral process
?
Guarantee of peace and mechanisms that ensure flawless installation of
winners into government.
With a view of improving future elections, CSOs
proposed that reforms are a
matter of urgency and imperative before
elections are held. The present
environment does not provide a conducive
environment for the holding of
democratic elections. Nevertheless, if need
be, ZESN and CSOs are ready and
remain committed to monitor the process and
advocate for minimum conditions
before the Referendum and next elections
through effective coordinated
interventions.
ORGANISATIONS IN
ATTENDANCE
1. Achieve Your Goal Trust
2. Bulawayo Agenda
3.
Bulawayo People Residents Association
4. Civic Education Trust
Network
5. Christian Alliance
6. Combined Harare Residents
Association
7. Centre for Community Development in Zimbabwe
8.
Centre for Research and Development
9. Crisis Coalition in
Zimbabwe
10. Centre for Peace Initiatives in Africa
11. Counseling
Services Unit
12. Elections Resource Centre
13. Evangelical
Fellowship of Zimbabwe
14. Habakkuk Trust
15. Heal
Zimbabwe
16. Human Rights Development Trust in Southern Africa
17.
Law Society of Zimbabwe
18. Kubatana
19. Matabeleland Constitution
Reform Agenda
20. National Association of Non – Governmental
Organisations
21. Media Centre
22. Media Institute for Southern
Africa
23. Media Monitoring Project of Zimbabwe
24. National
Association for the Care of the Handicapped
25. National Constitutional
Assembly
26. Public Affairs Parliamentary Support Trust
27.
Progressive Teachers Association Zimbabwe
28. Research and Advocacy
Unit
29. Restoration of Human Rights
30. Radio Dialogue
31.
Rooftop Promotions
32. SAYWHAT
33. Southern African Parliamentary
Support Trust
34. Transparency International – Zimbabwe
35.
VERITAS
36. Women’s Coalition – Zimbabwe
37. Women of Zimbabwe
Arise
38. Women’s Trust
39. Youth Agenda
40. Youth Initiative
for Democracy in Zimbabwe
41. Youth Empowerment and
Transformation
42. Zimbabwe Association of Doctors for Human
Rights
43. Zimbabwe Association of Crime Prevention and Rehabilitation of
the
Offender
44. Zimbabwe Congress of Trade Unions
45. Zimbabwe
Council of Churches
46. Zimbabwe Coalition on Debt and
Development
47. Zimbabwe Civic Education Trust
48. Zimbabwe Election
Support Network
49. Zimbabwe Lawyers for Human Right Association
50.
Zimbabwe Peace Project
51. Zimbabwe Students Christian Movement
52.
Zimbabwe Women Lawyers Association
53. Zimbabwe Youth Network
54.
Members of the Academia (University of Zimbabwe)
55. Resource persons
from Kenya
Promoting Democratic Elections in Zimbabwe
For Comments and
further details contact:
Zimbabwe Election Support Network
zesn@africaonline.co.zw or info@zesn.org.zw
+263
250736/791443/798193
+263 712 415902 or 263 773 220370
http://www.dailynews.co.zw/
By Guthrie Munyuki
Sunday, 31
October 2010 18:51
HARARE - Professor John Makumbe says the
elections, which Zimbabwe’s
political leaders insist should be held next
year - are likely to be
disputed and could result in a second power-sharing
deal.
Makumbe said while the situation on the ground demanded
reforms, Zimbabwe
had no choice but to go for elections to choose a
substantive government.
“Mugabe wants an election with or without a new
constitution because he
knows the security sector has not been reformed and
will do his bidding,”
said Makumbe. “He has got the security chiefs in his
palms and pockets. They
will make sure he wins the elections even though
that will simply result in
further illegitimacy.”
“Mugabe will simply
restart the clock of September 15, 2008, and SADC will
come in again and do
the negotiating business leading to a GNU 2 and GPA 2,”
he
said.
Former South African President Thabo Mbeki brokered the power
sharing deal
which led to the signing of the Global Political Agreement on
September 15,
2008.
SADC were the guarantors of the pact that led to
the formation of the
inclusive government which saw the entry of Prime
Minister Morgan Tsvangirai
and his deputy, Arthur Mutambara in
government.
Makumbe said Mugabe was between a hard place and rock and
therefore had to
go into an election regardless of the pressures and
outcome.
“Zanu PF uses violence to win elections. But elections can still
be won even
if there is violence and the elections can still be won even if
there is
massive rigging. So Tsvangirai is choosing a firm route (by going
into
elections) and is sending a strong message that the MDC is not afraid
of any
elections.
“Tsvangirai is seeking to send a strong message
that he would like to have
democratic elections and defeat Zanu PF again.
Him and Mugabe have realised
that this country can only be government by one
party so they have to go for
an election,” Makumbe told the Daily News in an
exclusive interview.
The outspoken professor said the inclusive
government had frustrated
Tsvangirai and was hoping to overcome this by
defeating Zanu PF in the
polls.
Dismissing Mugabe’s victory, Makumbe,
suggested that the election would
still favour Tsvangirai in the event that
the octogenarian leader unleashed
violence in the run up to the
polls.
“Tsvangirai has a good caveat. If the elections are violent, he
will pull
his party from the elections. He is on a good stead,” said
Makumbe.
There have been mixed reactions to the calls for elections next
year.
Civic society groups maintain that the political environment is
poisoned
with violence and intimidation and does not bode well for
strengthening
democratic institutions through the impending
plebiscite.
The business community which was ravaged by the economic
meltdown of 2008
and previous years fear an immediate election could drive
away prospective
investors and negate the gains made so far by the inclusive
government.
For the first time in a decade, the World Bank and the IMF
have said
Zimbabwe will register economic growth of 6% following the stead
recovery
under the current government.
http://www.universityworldnews.com/
Kudzai Mashininga
31 October 2010
Issue:
0065
Zimbabwean police have launched a manhunt for a University of
Zimbabwe
student who faces the death penalty for allegedly plotting a coup
against
long-time autocratic ruler President Robert Mugabe in 2007. The
student was
previously released from prison when not tried within the
required six
months, but a judge has now said he is still a wanted
man.
Rangarirai Mazivofa (23), a second-year agriculture student, was
arrested in
May 2007 with six others for allegedly plotting to assassinate
the ageing
despot with the help of the country's security forces, a charge
that carries
the death penalty in the African country.
The student
was released in July this year from Harare's Chikurubi maximum
security
prison through a court order, on the grounds that the state had
violated his
rights by failing to try him within six months as stipulated by
law.
But his freedom was short lived. A High Court judge, Chinembiri
Bhunu,
issued another judgment on 4 October saying Mazivofa was still a
wanted man.
A medical report prepared on the orders of a magistrates
court during
Mazivofa's incarceration confirmed he had been severely
tortured.
His other six co-accused in the coup operation, codenamed by
police
Operation 1940, are still in prison awaiting trial.
They are
Albert Matapo, Nyasha Zivuku, Oncemore Mudzurahona, Shingirai
Mutemachani,
Patson Mupfure and Emmanuel Marara. Matapo, a former army
captain who is
related to the university student, is accused of being the
group's
ringleader.
In a ruling in which Justice Bhunu said the six other men
could not be
released after Mazivofa gained his freedom, the judge also said
the
University of Zimbabwe student is in fact on the police wanted list for
the
same charge. But he added that efforts by law enforcement agents to
locate
him have so far drawn a blank.
"It is common cause that the
six accused persons were not tried within the
prescribed six-month period,
prompting Musakwa J's [decision] on the 9th of
July 2010 to dismiss their
case and order their release from custody in
terms of section 160(2) of the
Act under case number HH142/10.
"Their co-accused, one Rangarirai
Mazivofa, who was not facing any other
charges was unconditionally released.
The accused person has since not been
found and he remains at large," said
Bhunu.
According to a charge sheet, the University of Zimbabwe student's
crime was
that he went to One Commando army barracks on 25 May last year and
carried
out reconnaissance of strategic points for purposes of executing the
coup.
The coup suspects are alleged to have planned to install Matapo as
prime
minister before inviting the country's powerful defence minister,
Emmerson
Mnangagwa, to take up the position. He is also Mugabe's chief
election agent
and the secretary for legal affairs in the ageing leader's
ZANU-PF party.
But the coup suspects are denying the treason charges and
contend they were
arrested while planning the launch of a new political
party in Zimbabwe.
A member of the Zimbabwe National Students' Union,
speaking on condition of
anonymity on Tuesday, said Mazivofa had not gone
back to the university
since his release.
On Tuesday the student's
lawyer, Charles Warara, said the High Court
judgment was wrong to rule
Mazivofa was still a wanted man. The defence
attorney added he could not
immediately say whether his client had gone back
to university to finish his
studies.
"That judgment is wrong because he was legally released. If the
police want
him to come to court they can serve him with summons. It is not
his duty to
look for the police," said Warara.
Political analysts in
Zimbabwe have dismissed the coup trial as part of the
ruling Zanu-PF party's
factional fighting over who will succeed 86-year-old
Mugabe.
Mnangagwa, who has been linked to the case but was not
arrested, controls
one of the party's two factions in the succession battle,
with the other
being led by Solomon Mujuru, a former army commander and
husband of the
country's vice-president, Joice Mujuru.
http://www.thezimbabwean.co.uk
Written by Fungi Kwaramba
Saturday, 30 October
2010 13:19
HARARE - Zimbabwe’s leading bakery, Lobel’s Bread (Pvt) Ltd,
is on the brink
of collapse, as it struggles to pay workers, make bread or
meet service
bills.
Only last week the company had power supplies cut off
by ZESA over a $200
000 outstanding debt. The bakery that in its heyday was
arguably the biggest
and most popular in the country was founded in 1950 by
the Lobels family and
later sold to a consortium of local businessmen who
include Frederick
Mutandah, an rtd brigadier Chiweza, Livingstone Gwata and
Hebert Nkala.
But the consortium, some of whose members are some of the best
business
brains in the country, has struggled to keep the bakery afloat,
amid
allegations of mismanagement and corruption at its Southerton plant.
The
bakery’s long serving chief executive Burombo Mudumo, financial director
Nesbert Gufu and treasurer Tonderai Chipere were last month axed over
allegations of misappropriation of more than US$10 million.
Short of cash
the bakery has told workers it can only pay them salaries and
wages dating
back to three months ago by mid-November. “Business is at a
halt since last
month with the company failing to procure flour. We everyday
go there to
just sit because there is no production,” said one senior
employer at the
bakery who spoke on condition he was not named. Company
officials could not
be reached for comment on the matter. At its peak Lobels
Bakery was a leader
in the bread making industry, producing over 300 000
loaves of bread a day
which has tumbled down to a paltry 15 000 loaves today
http://www.thezimbabwean.co.uk
Written by Gift Phiri
Saturday, 30
October 2010 13:31
HARARE – The 13 million textbooks donated by the UN
Children’s Fund to
revive the struggling public school system are not
getting to schools in
rural areas, a legislator told Parliament last week
(Pictured: School
children - MP says books donated by UNICEF yet to reach
rural schools)
Mutare South constituency representative Fred Kanzama told the
House during
question and answer time that two months after the launch of
the book
distribution programme, schools in rural areas were yet to receive
the
books. "From the day the launch was done …. there are no books that have
been delivered and we want to know what is the position relating to that
issue?" Kanzama said in questions directed to Deputy Prime Minister Arthur
Mutambara, who was standing in for Education Minister David
Coltart.
Mutambara said the most appropriate person to discuss in detail the
question
raised by Kanzama was Coltart, but added that the book were in the
country
and the only challenge was how to get them to schools. The books
were
supposed to have been distributed to the 5 500 public primary schools
across
the country by the end of last month.
Mutambara said: "The
challenge now is logistics, how to move the books from
the warehouses to the
schools which is work in progress. We have managed to
solve a major problem
for our primary schools." Kanzama asked if he could
make arrangements for
the delivery of the books to his constituency, to
which Mutambara advised
him to liaise with the ministry of education.
Teachers say distribution of
the textbooks to schools could go a long way in
helping restore Zimbabwe’s
public education sector as one of the most
competent in Africa. The books
cover the four major subjects in primary
schools, English, Mathematics,
Environmental Science and either Shona or
Ndebele.
http://www.newzimbabwe.com
31/10/2010 00:00:00
by Lunga
Sibanda
SOME 35 000 households in the country’s southern regions
have had power
supplies switched-off as the national utility, ZESA, refused
pleas to
write-off huge bills accrued since the introduction of multiple
currencies.
ZESA vowed to continue switching off defaulting customers
even as Bulawayo
residents took to the streets last week demonstrating
against alleged
corruption, poor service delivery and exorbitant
tariffs.
Many have bills averaging between US$500 and US$1000, built up
since the
introduction of multiple currencies.
With average monthly
wages of around US$200 many said they cannot pay the
bills and urged ZESA to
write them off arguing the utility had also used
estimates to convert the
money owed into US dollars.
But the utility insisted the bills must be
paid and dismissed claims of
inaccurate billing.
“We regret that
disconnections … will continue. Debts cannot be written off
because
electricity that was imported and consumed by customers needs to be
paid
for.
“We are not overcharging customers. Our billing system is
functioning well
and the bills we charge are accurate,” Zesa spokesperson
Fullard Gwasira
said.
He said ZESA was owed US$400 million by
customers and added the utility
risked being cut off by regional supplies if
it failed to for supplies.
“We owe regional utilities over $100million
for electricity already consumed
by customers, but not paid
for.
“This exposes the utility to being disconnected for nonpayment and
this
would inevitably increase the extent and duration of load shedding,” he
said.
Gwasira however conceded that Zesa was facing operational
constraints but
said these were worsened by customers failing to pay for
supplies.
“We are actually not raising enough money from the tariffs to
import
adequate power and this negatively impacts on our ability to provide
a good
quality service.
“We need revenue to procure spare parts for
network maintenance, pay for
electricity imports, coal, cover other
operational costs among other inputs
for electricity generation but our
tariffs are well below the regional
tariff,” he said.
Gwasira added
that his company had complied with the Competition and Tariff
Commission
(CTC) directive to reduce bills by 43 percent for customers with
load
limiters.
The Vigil missed a trick today. With Halloween ghouls taking over the
streets of
Here in the
It was felt that the British government was failing to appreciate the
true gravity of the situation in Zimbabwe – despite evidence such as a Channel 4
television report on Friday further exposing the scandal of the Marange diamonds
(see: http://www.channel4.com/programmes/unreported-world/4od).
Many people who stopped by the Vigil expressed their horror at the human rights
abuses shown in the film.
Vigil supporters asked why Mugabe was always being allowed by
Tsvangirai to make the running – indeed, why has he been able to humiliate the
MDC for two years and emerge even stronger despite losing the 2008 elections?
There was frustration that the MDC leadership had allowed itself to
be taken in by the constitutional outrage programme. Vigil supporters viewed it
as a waste of time and resources at the expense of real reforms necessary for
free and fair elections, such as a new
voters’ roll and an opening of the airwaves to independent broadcasters. We
can’t understand why the West funded this predictable fiasco.
There is no time to lose. Tsvangirai says he wants observers in
Perhaps, as the Economist magazine suggested recently, the Mugabe
mafia could be offered a suspension of targeted sanctions if they accept an
international mission to deter election violence and
malpractice.
The Vigil calls for real pressure on SADC to comply with the
obligations it accepted by promoting the abortive Government of National Unity.
We believe that the cost to the region of allowing a gangster state to fester in
its midst will be heavy if Mugabe is allowed to bludgeon his way to another
election victory. The Vigil wants to
know what the
Other points
· Lawyer Mark Taylor has made good points in an article about the
Lancaster House meeting (check: http://www.zimeye.org/?p=23536).
· The Vigil grieved with Liz, wife of Bill McClelland a Zimbabwean
farmer who has died at the age of 76.
Bill and Liz came to the Vigil several times and we were glad to welcome
her back with her son Giles.
For latest Vigil pictures check: http://www.flickr.com/photos/zimbabwevigil/.
For the latest ZimVigil TV programme check the link at the top of the home page
of our website.
FOR THE RECORD: 139 signed the register.
EVENTS AND NOTICES:
·
The Restoration of Human Rights in
Zimbabwe (ROHR) is
the Vigil’s partner organisation based in
·
ROHR
·
ROHR
·
ROHR
·
Vigil Facebook
page: http://www.facebook.com/group.php?gid=8157345519&ref=ts.
·
Vigil Myspace page: http://www.myspace.com/zimbabwevigil.
·
‘Through the Darkness’, Judith
Todd’s acclaimed account of the rise of Mugabe.
To
receive a copy by post in the UK please email confirmation of your order and
postal address to ngwenyasr@yahoo.co.uk
and
send a cheque for £10 payable to “Budiriro Trust” to Emily Chadburn, 15 Burners
Close, Burgess Hill, West Sussex RH15 0QA. All proceeds go to the Budiriro Trust
which provides
bursaries to needy A Level students in
·
Workshops aiming to engage African
men on HIV testing and other sexual health issues. Organised by the Terrence Higgins
Trust (www.tht.org.uk). Please contact
the co-ordinator
Vigil
Co-ordinators
The Vigil,
outside the Zimbabwe Embassy, 429
BILL WATCH
44/2010
[31st October 2010]
General
Laws Amendment Bill : Proposed Amendment to Copyright
Law
In the recently gazetted General Laws Amendment Bill there is a
clause to amend the Copyright and Neighbouring Rights Act which has serious
implications for the rights of citizens to freely access and distribute
legislation, notices and other material in the Government Gazette, court
judgments and certain public registers. The amendment proposes to subject such
information to copyright protection. It is important that such information
should remain in the public domain [i.e. openly available to everyone and not
subject to copyright protection].
At
present, under section 10
of the Copyright and Neighbouring Rights Act, certain public documents are not
subject to copyright. These documents are:
· official texts of
statutes;
· official texts of judicial proceedings and
decisions (i.e. judgments);
· notices and material published in the
Government Gazette;
· the contents of official
registers.
Clause 16 of the General Laws Amendment
Bill proposes to subject
all these documents to copyright.
What this
means is that copyright in all these documents will vest in the Government. The
Government, as copyright holder, will have a complete discretion in deciding
whether or not the documents should be published and disseminated, after their
initial publication in the Gazette; and the Government will be able to
dictate the terms and conditions under which the documents are published and
disseminated. So for example:
· if a private organisation wants to
publicise electoral laws prior to an election it will have to get permission
from the Government, in addition to any permission it may require from the
Zimbabwe Electoral Commission;
· if a human rights organisation wants to
disseminate a court judgment it will have to get permission from the Minister of
Justice — who may himself have been a party to the case;
· if an organisation wants to print and issue
a statutory form enabling women to apply for maintenance, the organisation will
have to get permission from the Government before doing so — and it may have to
pay the Government a royalty for each form printed and
distributed.
The amendment embodied in clause 16 is
unconstitutional and inimical to the ideals of good governance and respect for
the rule of law.
Furthermore, it is contrary to best
practice in the southern African region.
Constitutionality of Clause
16
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 certainly hinder this freedom because no one will be able to
publish laws and court proceedings without permission from the Government. The
amendment will be unconstitutional, therefore, unless it falls within one of the
permissible restrictions on freedom of expression that are allowed by section 20
of the Constitution.
Section 20
permits restrictions to be imposed:
·
In the
interests of defence, public safety, public order, the economic interests of the
State, public morality or public health. The amendment cannot be regarded as
protecting any of these interests except — marginally — the State’s economic
interests in so far as the State may get some royalty payments from people who
reproduce statutes and judgments. But does the Government seriously anticipate
making a profit from the publication of legislation and
judgments?
·
To protect
the reputations, rights and freedoms of other persons or the private lives of
persons concerned in legal proceedings. But those interests are already protected — and more appropriately
protected — by legislation such as the Courts and Adjudicating Authorities
(Publicity Restriction) Act.
·
To maintain
the authority and independence of the courts or tribunals or the Senate or the
House of Assembly. If one
assumes that laws enacted by Parliament are generally good, and that the
judgments of our courts are generally sound, the publication of laws and
judgments can only enhance the reputation of our legislative and judicial
institutions. And if bad laws are passed, or bad judgments delivered, then they
must be published if they are ever to be corrected.
The
amendment cannot therefore be regarded as falling within any of the permissible
restrictions on freedom of expression.
The
amendment may be intended to prevent the inaccurate publication of statutes and
judgments. Even if that is the reason, it is still
unconstitutional:
· Firstly, the prevention of inaccuracy is
not one of the permissible grounds for restricting freedom of expression under
section 20 of the Constitution.
· Secondly, the amendment covers both
accurate and inaccurate publications without distinction. All require
permission from the Government, and permission may be granted or withheld
entirely at the Government’s discretion, regardless of accuracy. In short, the
amendment goes far too far.
Our Supreme
Court has laid down a three-fold test to decide whether or not a statute which
limits a fundamental right such as freedom of expression is constitutional. The
court must ask itself:
· Is the legislative objective sufficiently
important to justify limiting the fundamental right? In this case, if the
objective of the proposed amendment is indeed to prevent the publication of
inaccurate versions of laws and judgments, then the answer to the question is:
Well, maybe. If the object is to collect revenue for the Government the answer
is: Certainly not.
· Are the measures designed to meet the
objective rationally connected to it? Here the answer is, Certainly not. To
give the Government the rights of a copyright-holder in all public documents has
little or no connection with the prevention of inaccuracy. Copyright is a
property right akin to ownership. It is an economic right. It has no rational
connection to the publication of inaccurate information.
· Do the means used to achieve the objective
impair the fundamental right more than is necessary to accomplish the
objective? Here the answer is: Clearly yes. The amendment will impose a broad
and serious restriction on freedom of expression. Preventing inaccuracy can be
achieved by other means, for example by penalising the publication of inaccurate
versions of statutes and other public documents. Indeed, existing laws may well
be adequate to achieve that purpose.
Clause 16 of
the General Laws Amendment Bill, therefore, will violate section 20 of the
Constitution.
Clause 16 and the Rule of
Law
In the
Inter-party Political Agreement of September 2008, the parties emphasised their
commitment to “reorient our attitudes towards respect for the Constitution and …
the rule of law”, and in clause 11.1 of the Agreement they agreed that it was
the duty of all political parties and individuals to adhere to the principles of
the rule of law.
One of the
essential elements of the rule of law is that the law must be readily available
to the public. Clearly so: if people don’t know what the law is, they will not
be able to obey it. So statutes and judgments which embody the law must be
disseminated as widely as possible to everyone who may need or want to read
them.
If the
Government is granted copyright in statutes and judgments, then the Government
will control how they are disseminated. No Government can be relied on to
always respect the ideals of openness and transparency which are essential to
good governance. And even if an ideal government were in place, any freedom of
expression following the proposed amendment would be subject to the continuing
goodwill and capacity of the Government — which in itself would be a negation of
the rule of law.
Clause 16 and Regional
Practice
The proposed
amendment will also be contrary to best practice in the southern African
region.
· In South Africa, section 12(8) of the
Copyright Act No. 98 of 1978 states that no copyright subsists in official texts
of a legislative, administrative or legal nature. So statutes and judgments are
not subject to copyright.
· In Zambia, section 8(2) of the Copyright
and Performance Rights Act 1994 states that there is no copyright in Bills or
Acts of Parliament.
· In Botswana, section 6(2)(b) of the
Copyright and Neighbouring Rights Act No. 8 of 2000 states that no copyright
protection under the Act extends to any official text of a legislative,
administrative or legal nature. So, as in South Africa, statutes and judgments
are not subject to copyright.
Conclusion
The
amendment proposed by clause 16 of the Bill will violate section 20 of the
Constitution, will be inimical to transparent government, human rights and the
rule of law, and will be contrary to best practice in the southern African
region.
Veritas makes every effort to ensure reliable information, but cannot
take legal responsibility for information supplied