SAfrica's Zuma to meet Zimbabwe leaders on rifts

http://af.reuters.com

Sat Nov 20, 2010 10:03pm GMT

GABORONE Nov 20 (Reuters) - South African President Jacob Zuma is expected
to meet leaders in Zimbabwe's unity government next week for further talks
on settling their disputes over power sharing, a Southern African
Development Community official said on Saturday.

President Robert Mugabe was been forced to share power with his rival Prime
Minister Morgan Tsvangirai and a small third party since last year after
disputed 2008 elections, but the government has been hobbled by feuds.

SADC executive secretary Tomaz Salamao told reporters that Zuma was expected
to go to Harare by the end of next week to continue with his mediation
efforts.

SADC leaders failed to discuss in detail the tensions in Zimbabwe at a
summit on Saturday after Zambian President Rupiah Banda -- who is chairman
of the SADC Troika on Politics, Defence and Security -- failed to attend the
meeting held in Botswana.

"After the Troika summit failed to take place, it was agreed that President
Zuma should go to Harare again where he would hold talks with the three
parties in the (political agreement)," Salamao said. "After that he would be
expected to make a recommendation to the chairperson Rupiah Banda on the
next date for another Troika summit."

Although the Zimbabwe government has stabilised the country's economy,
Mugabe and Tsvangirai have frequently clashed over the pace of political
reforms and Western sanctions imposed on the veteran ruler and his inner
circle.

Mugabe said last month the power-sharing government would expire in February
and should not be extended, leading to new elections by mid-2011.

Condom remarks may alter AIDS fight, pope's legacy

Associated Press

(AP) – 5 hours ago

VATICAN CITY (AP) — Vatican officials insist it's nothing "revolutionary,"
but to many other people Pope Benedict XVI's recent comments regarding
condom use mark an important moment in the battle against AIDS and an effort
by the pontiff to burnish his image and legacy.

Just a year after he said condoms could be making the AIDS crisis worse,
Benedict said that for some people, such as male prostitutes, using them
could represent a first step in assuming moral responsibility "in the
intention of reducing the risk of infection."

The Vatican's ban on contraception remains, but Alberto Melloni, an Italian
church historian, said Benedict "opened without a doubt a crack that cannot
help but have consequences."

Benedict stepped where no pope has gone since Paul VI's famous 1968
encyclical "Humanae Vitae" barred Catholics from using condoms and other
artificial contraception. Pressure to lift the ban has grown with the spread
of the HIV virus, which has infected some 60 million people worldwide and
led to 25 million AIDS-related deaths over three decades.

The pope chose to make his statement not in an official document but in an
interview with a German journalist, Peter Seewald, that is coming out this
week in the book "Light of the World: The Pope, the Church and the Signs of
the Times." L'Osservatore Romano, the Vatican newspaper, published excerpts
Saturday.

The pope says in his own writings that he takes personal responsibility for
the remarks, meaning they are not official church teaching.

The conservative Benedict previously had given little sign of budging on the
issue of condoms. Last year while en route to Africa, the continent HIV has
hit hardest by far, he drew criticism from many health workers by saying
condoms not only did not help stop the spread of AIDS but exacerbated the
problem.

A number of top churchmen, including the Italian Cardinal Carlo Maria
Martini, one of Benedict's rivals during his 2005 election as pope, have
been calling for a humanitarian gesture on the issue of condoms. Others,
including prelates in Africa, have said condom use is worth considering when
one partner in a marriage is HIV positive.

Benedict did not address such cases in his interview, and he reaffirmed
church teaching against artificial contraception. But he said, "There may be
a basis in the case of some individuals, as perhaps when a male prostitute
uses a condom, where this can be a first step in the direction of a
moralization, a first assumption of responsibility."

Asked if that meant that the church wasn't opposed in principle to condoms,
the pope replied:

The church "of course does not regard it as a real or moral solution, but in
this or that case, there can be nonetheless in the intention of reducing the
risk of infection, a first step in a movement toward a different way, a more
human way, of living sexuality," according to an English translation of the
book obtained by The Associated Press.

The Holy See's chief spokesman, the Rev. Federico Lombardi, issued a
statement stressing that the pope's comment neither "reforms or changes"
church teaching. "The reasoning of the pope cannot certainly be defined as a
revolutionary turn," he said.

Many Catholics, however, saw the remarks as a signal that the Vatican is
softening its stance on condom use in general.

"It was well said. I believe you have to try to protect yourself against
AIDS," 50-year-old Andrew Oyoma said after participating in Sunday Mass at
St. Eugenia Catholic Church in Stockholm, Sweden.

In Zimbabwe, where roughly 15 percent of adults have the HIV virus, a
Catholic priest said he would spread the news.

"I've got brothers and sisters and friends who are suffering from HIV
because they were not practicing safe sex," said the Rev. Peter Makome, who
works in the capital Harare's Southerton Parish. "Now the message has come
out that they can go ahead and do safe sex; it's much better for everyone."

The U.N. agency tasked with combating AIDS said the pope's comments were "a
significant and positive step" but noted that while more than 80 percent of
HIV infections are caused through sexual transmission, only 4 percent to 10
percent result from sex between men.

Benedict has a reputation as a shy intellectual, and the interview was
clearly an attempt to show a more human, more modern thinker. The pope, who
is 83, spoke of his getting old, and went on to say that popes who are no
longer physically able to carry on their missions have an obligation to
resign.

Benedict has endured several crises since becoming pope in 2005, including
his lifting of the excommunication of a Holocaust-denying bishop, a speech
early in his papacy in which he linked Islam to violence, and revelations of
widespread sex abuse by Catholic clergy around the world. His own handling
of a case while a bishop in his native Germany raised questions.

Even his comments about condoms turned into something of a PR gaffe with
questionable translations in the Italian version that made the remarks
appear stronger than they were.

The Italian version said there may be some "justified" cases, while the
original German and English texts were less direct, saying "there may be a
basis in the case of some individuals."

Dr. John Haas, president of the National Catholic Bioethic Center in the
United States, said that when L'Osservatore published the excerpts in
advance of publication he wondered "had the Vatican lost its collective
head."

Or, said Hass, who insists the pope made no change in policy, "there may be
an agenda. I am utterly baffled."

Associated Press writers Chengetai Zvauya in Harare, Zimbabwe, and Malin
Rising in Stockholm contributed to this report.

Another media gag on the cards

http://www.zimonline.co.za

by Own Correspondent     Saturday 20 November 2010

HARARE – Paranoid ZANU PF hardliners are pushing for the passing of a
controversial new media gagging law that would criminalise the publication
of judicial decisions and other official documents without ministerial
approval.

The General Laws Amendment Bill, which has been passed by Parliament, seeks
to place additional obstacles in the way of access to judicial decisions,
new legislation and public records.

The Bill contains a clause to amend the Copyright and Neighbouring Rights
Act that has serious implications for the rights of citizens to freely
access and distribute legislation, notices and other material published in
the Government Gazette as well as court judgments and other public
documents.

Under the proposed law, the publication of any government document would
require prior permission from the authorities.

This means that 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 might require from the Zimbabwe Electoral
Commission.

Restrictions

Similarly, a human rights group or a journalist would need the justice
minister’s permission to publish a judicial decision affecting the public’s
rights.

The proposed law would restrict the ability of ordinary citizens to monitor
actions by the government and could further worsen the culture of impunity
that has pervaded Zimbabwe’s political landscape since 2000.

Civic and media organisations want the Bill withdrawn saying Zimbabwe
already has more than its fair share of draconian laws that hinder the free
flow of information while imposing severe restrictions on journalists and
newspapers in the country.

Zimbabwe already has some of the worst media laws in the world, with, for
example, journalists being liable to imprisonment for up to two years if
caught practising without a licence from the Zimbabwe Media Commission.

Newspapers are also required to register with the commission, with those
failing to comply with the requirement facing closure and seizure of their
equipment by the police.

The Media Monitoring Project of Zimbabwe (MMPZ) said the latest attempt to
deprive the public of access to important decisions regarding court rulings
and the making of new laws was “a blatant attempt to condemn Zimbabweans to
ignorance and the acceptance of an authoritarian culture of rule-by-decree”.

“Such an attempt to gag the media from reporting on important government
activity that should be freely accessible to the public also offends against
the best practice of most SADC (Southern African Development Community)
nations – let alone most other democracies – and must be struck down when it
is presented to Parliament for MPs’ consideration,” MMPZ said.

Press freedom watchdog Reporters Without Borders described the proposed law
as a “major step backwards”.

“Drafted by members of the coalition government’s ZANU PF wing led by
President Robert Mugabe, this Bill would just aggravate the already
precarious situation for Zimbabwe’s media,” Reporters Without Borders
secretary-general Jean-François Julliard said.

Julliard described the Bill as a political manoeuvre designed to prevent any
critical examination of the government’s actions.

Extremely dangerous

“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,” he said.

Mugabe, an 86-years-old despot in power for 30 straight years and still
wanting to run for office in polls likely to take place next year, wants to
use the proposed law to tighten his grip on the media ahead of the
make-or-break elections.

The media gag is the latest in the bag of measures to be employed by a
desperate ZANU PF to steal the impending 2011 elections and regain control
of Parliament that it lost to Prime Minister Morgan Tsvangirai’s MDC-T party
in 2008.

Other measures include the use of intimidation and violence on a hapless
electorate, particularly in rural areas.

The former ruling party has already deployed soldiers and revived torture
bases across the country to intimidate voters in rural areas.

The Bill’s announcement has coincided with a number of developments in
recent weeks that have triggered concerns about a renewed crackdown on the
media.

The government announced at the start of this month that no licences would
be issued to new radio or television stations.

Two freelance journalists were arrested while covering a public debate on
the country’s proposed Constitution at the end of October.

The police also issued an arrest warrant two weeks ago for the editor of The
Zimbabwean, Wilf Mbanga, in connection with an article critical of Mugabe
that the authorities say was published by the paper after the 2008
elections.

Zanu PF Accused Of Smear Campaign To Usurp Canadile Mine For Own Gain

http://www.diamondintelligence.com

21 November 2010

An official of Core Minerals and Mining, which has been banned from the
former Canadile joint venture with the Zimbabwe Mining Development
Corporation (ZMDC) in Chiadzwa, has accused members of the Zanu PF party of
staging a hostile takeover of Canadile's mining claims, reports The
Zimbabwean. The official also asserts that US$70 million worth of stockpiled
gems could disappear from its vault unless the mine's security is
reinforced.

Core Mining Director Lovemore Kurotwi and five ZMDC officials were arrested
on charges of fraudulently misrepresenting the South African company's
financial capacity to the government to enter into the Canadile joint
venture to gain mining claims in Marange. The six have appeared in court
also on charges of allegedly fraudulently using the name of a Channel
Islands-headquartered diversified natural resources company, BSG Resources
Ltd, to obtain a contract on behalf of Core Mining.

The Zimbabwe government, through its ZMDC parastatal, has since taken back
full control of Canadile; Core Mining's diamond claims have been cancelled
and Canadile's 12 directors have all been blacklisted from further mining
activities in the country.

In an open letter to President Robert Mugabe last week, the Core Mining
shareholder accused certain Zanu PF party members of leading a smear
campaign to move away from their contractual obligations, reports The
Zimbabwean.

In the letter, the shareholder denies the BSGR link, insisting the company
was unknown to Core's shareholders and "was never part of the discussions
with our partners," says the news source. "It is therefore a clear smear to
move away from the contractual obligations of our partners and suits the
interests of those greedy individuals that have been offered greater rewards
for such actions, while we remain committed to the people of Zimbabwe," said
the unnamed shareholder as cited by The Zimbabwean.

He also accused Mines Minister Obert Mpofu of refusing to release US$3.4
million, which was Core's earnings from the second auction of Marange
diamonds held in August.

According to this shareholder, the mines ministry also allegedly refused to
renew work permits for 16 expatriates employed by Canadile to assist in
operating the mine and to train local staff. This led to a sharp decline in
operations, "with tonnages being manipulated and production dropping to 40
percent of the true output of the plant," reports the news source.

"Canadile staff were being influenced and controlled by the very same powers
that now wish to apply vulture economics to usurp the mine for their own
benefit, with no expertise or consideration of benefit to the people of
Zimbabwe, without making an investment of a single cent," the shareholder
said, as cited by The Zimbabwean, which wrote that, as of press time, Mpofu
could not be reached for comment

Zanu PF will rule even if you don’t want - Mnangagwa

http://www.thezimbabwemail.com

21 November, 2010 05:38:00    NewsDay

Defence minister and Zanu PF politburo member Emmerson Mnangagwa told
hundreds of people in Kwekwe on Saturday that Zanu PF will continue to rule
Zimbabwe even if Zimbabweans rejected it.

Speaking at a lavish party hosted by one of his trusted lieutenants, Owen
Mudha Ncube, who was celebrating his elevation to the Zanu PF Midlands
provincial executive structures, Mnangagwa accused his audience of having
voted for the wrong party in the last elections.

“In the last elections, you voted for the wrong party but today I am happy
to see all of you here and I assume that you are here because you support
the revolutionary party and what Mudha stands for.

“If you disagree with what is being said here, then there is nothing I can
do about it and if you don’t vote for us in the next election, this country
is huge, we will rule even if you don’t want,” Mnangagwa said.

Mnangagwa, who is feared more than he is respected and was previously tipped
to take over the party leadership from President Robert Mugabe, said
Zimbabwe belonged to Zanu PF which would not hesitate to bless and reward
its own sons who defended the cause of the party.

“You will get blessings coming from the party if you continue in the path of
working for this country,” said Mnangagwa.

Auxcilia, wife of the minister and Zanu PF central committee member, also
weighed in when she told the gathering that Zanu-PF would never lose any
battle.

“We are gathered here to celebrate the victory of our party. In whatever we
do, our party will never lose,” she said.

The lavish party, according to insiders, cost more than $10 000, with
invitation cards and the programme printed in colour on premium gloss photo
paper, while over 200 guests were treated to unending supplies of local and
imported beer, ciders and soft drinks from morning to evening.

The party was held at the National Mining Museum hall decorated with
pictures of President Mugabe, party flags and an entire collection of
pictures telling the story of the liberation struggle.

Eight of the party’s provincial structures, except Mashonaland West and
East, were represented at the high-profile party which also was attended by
Minister of Environment Francis Nhema and the entire Kwekwe business
community and traditional chiefs from the province.

UK in pursuit of "commercial diplomacy" with Robert Mugabe

http://www.thezimbabwemail.com

21 November, 2010 12:10:00    By IRENE MADONGO - Sunday Times

Britain is increasingly showing strong signs that it wants to improve its
relationship with Robert Mugabe as aides on both sides confirmed this week
that a new policy of promoting trade between the two countries is taking
off.

This week a Foreign Office spokesman told this newspaper the UK government
has a new focus on what it termed commercial diplomacy and that it is
engaging with all sides of the inclusive government, made up of Zanu-PF, the
MDC-T and MDC-M.

Last week in London, the UK's minister for Africa at the Foreign and
Commonwealth Office (FCO), Henry Bellingham, and the British ambassador to
Harare, Mark Canning, met Zanu-PF's Walter Mzembi, who is Zimbabwe's tourism
minister. Mzembi said the British want to engage and are seeking to be less
critical of Mugabe and Zanu-PF. The FCO also arranged a private meeting
between Mzembi and UK government officials.

"I was quite happy with the positive view from Bellingham and Canning. They
praised the state of affairs in Zimbabwe. It was quite a departure from the
previous views of the Labour government," Mzembi said. "They arranged a
private meeting for me at the FCO and I met with John Dennis, the head of
the Africa Desk."

Mugabe is understood to be pressing for a meeting with Canning in Harare.
The British embassy does not want to elaborate about the meeting at present.
However, it refuses to deny the meeting will take place. A spokesman said:
"I cannot confirm or deny that Mugabe wants to meet with him."

At a panel discussion in London last week, the British spoke of a marked
improvement in the human rights situation. Observers say in addition to
praising Zimbabwe, Canning and Bellingham warmly acknowledged Mzembi.

The remarks are a sharp contrast with those of numerous civic organisations
in Zimbabwe, who condemn ongoing political violence in different parts of
the country and are worried it will worsen as the country approaches
elections, pegged for next year.

A British embassy spokesman said Canning was not available to clarify his
remarks. However, the Foreign Office in London said: "Contact with a wide
range of civil society actors, backed by our own observations, suggests that
since the formation of the inclusive government there has been a marked fall
in the levels of violence since its peak in 2008. The reported numbers of
deaths and injuries resulting from human rights abuses are far lower than
they were two years ago." An FCO spokesman said they had also mentioned the
UK's concern about intimidation, violence and limited media freedom in
Zimbabwe.

Bellingham's claims of an improvement in human rights in Zimbabwe fit in
with those of the UK Home Office, which recently said it is now safe to
return failed asylum-seekers to Zimbabwe.

However, analysts say that the UK's new decision to openly acknowledge it
wants to work with Zanu-PF and establish trade ties with Zimbabwe, is driven
more by a need to make commercial gains rather than a so-called improvement
in human rights. The real reason for Britain suddenly warming up to Zanu-PF
is because it realises it can make substantial gains in business as Zimbabwe
is rich in minerals and resources which are benefiting countries such as
China, they say.

At the heart of Zimbabwe's resources is the Chiadzwa diamond fields,
estimated to have the capacity to earn billions of US dollars. It is widely
reported that top Zanu-PF henchm en control them . Being on the right side
of Robert Mugabe could do Britain big favours, commentators say.

Political analyst Brilliant Mhlanga, who was at the panel discussion said:
"Britain's relationship is thawing because of commercial interests. Remember
the Tories are pro-business. At the discussion, Bellingham moaned about the
human rights issues within the diamonds context, which was contradictory
because he had just said that the human rights situation was improving.

"China is not (concerned) about human rights, and the UK is aware of this
challenge, and it knows if it plays hard to get it will lose out. It is
called constructive engagement."

Anne Frühauf, an analyst for Eurasia, a political and economic research
organisation, said: "I don't think this signals a sea change in diplomatic
relations, but it could be the first sign that the Tory-Lib Dem government
will take a somewhat more pragmatic approach towards Zimbabwe. It is
possible that business interests, rather than human rights concerns, will
feature more strongly in foreign policy-making."

A spokesman for the UK's Foreign Office said: "The new FCO focus on
commercial diplomacy is not at the expense of promoting internationally
recognised standards of human rights. Our position on Zimbabwe diamonds is
very clearly driven by the principles of the Kimberley Process, and not by
national commercial considerations."

Under the previous Labour government Britain strongly favoured the MDC, led
by Morgan Tsvangirai.

Ephraim Tapa, chairman of Restoration of Human Rights Zimbabwe, said: "We
feel betrayed, it's like we are being sold for 30 pieces of diamonds. -
Timeslive

"Mutambara has failed the test, not the man we thought he'd be" - MDC-M

http://www.thezimbabwemail.com

20 November, 2010 11:35:00    By THEMBA SIBANDA

Zimbabwe's Deputy Prime Minister Arthur Mutambara could be left clutching at
straws after his party's congress next year.

Mutambara, thrust to the helm of the smaller formation of the MDC party, is
staring at a turbulent period in his political career since he emerged as a
player in mainstream Zimbabwe politics in 2006.

Revered by many back then and depicted as the biblical Moses of the smaller
Movement for Democratic Change (MDC) formation, Mutambara has lost the touch
which those that brought him into politics thought he possessed.

A vociferous character at the time, Mutambara, during his acceptance speech
after being "elected" as president of the MDC party, promised to deliver
freedom to the people.

He chastised President Robert Mugabe for allegedly ruining Zimbabwe's
promising future through allowing the breeding of corruption, lack of good
governance and democracy.

He also sounded warning bells to the leader of the bigger formation of the
MDC, now Prime Minister Morgan Tsvangirai, that he would ensure that his
party gathered support of the Zimbabwean mass.

Said Mutambara in 2006: "I, Arthur Oliver Guseni Mutambara, and other
democratic forces in Zimbabwe, riding on the shoulders of Sekuru Kaguvi and
Mbuya Nehanda (Zimbabwe's respected spirit mediums) today tell [President]
Robert Mugabe and [Prime Minister] Morgan Tsvangirai that they should shape
up or ship out.

"The time has come now for us to take Zimbabweans to the promised land. We
will not allow Mugabe to ruin this country anymore. It is time that Zimbabwe
regained its status among other countries as the breadbasket of the region
and not a basket case as it has become through Mugabe's policies."

However, after the birth of Zimbabwe's shaky coalition government in 2008,
Mutambara melted from being the vociferous character to being a man whose
speciality area is national politics.

During the negotiation talks for the establishment of the coalition
government, one of the two main partners of the inclusive government, the
larger formation of the MDC party, accused Mutambara of being a protégé of
Mugabe.

He was accused of heaping and singing the praises of Mugabe's liberation war
credentials and the need for Zimbabweans to emulate Mugabe's history, and
that of Zanu-PF.

His preoccupation with national politics and his praise-singing antics have,
however, proved costly at party level.

Party sources this week said that Mutambara has hardly had time to be at the
party's office, never mind the time to lead, as the party expected of him.

"Party members feel he is now a liability to the party," said a party
source.

"He has hardly had time for party issues, leaving everything to the party's
secretary-general, Welshman Ncube.

''This year alone, he has never set foot in the office but likes to conduct
his business via remote control, meaning using Ncube," the source said.

The former University of Zimbabwe student leader is now caught between a
rock and a hard place.

The announcement by President Robert Mugabe that the country's general
elections, both presidential and parliamentary, will be held next year has
sounded a death knell for the former university student leader.

What with prospects that his party could hold its congress between February
and March next year, Mutambara's political career stands on the edge of a
cliff.

If he is booted out of his party's presidency, he has no other chance to
regain lost ground. Chances are slim that he can win a parliamentary seat.

With the elections being held next year, prospects that a government of
national unity might be formed again are slim.

The inclusive government is hoping that next year's elections would produce
one leader and government as opposed to the current status quo.

Movers and shakers within the MDC party say Mutambara looks headed for a
defeat should he stand for the party's presidency against incumbent
secretary-general, Professor Welshman Ncube.

Ncube, on the other hand, has declared his interest in running for the
party's presidency.

Hiding behind the popular "people have said" gimmick, Ncube appears to have
covered enough ground to oust Mutambara from the presidency of the smaller
formation of the MDC party.

It is said within party circles that Ncube has all but managed to whip all
party structures into his line, leaving Mutambara to bank on a tribal card.
However, insiders revealed, the gimmick is likely to fail, as those from
Mashonaland region also appear to be fed up with the deputy prime minister's
leadership.

"He has been in power at party level for more than three years now. There is
nothing tangible that one can say he has done in those years," said an
insider.

"He has been busy with his post as deputy prime minister even in instances
where we know there wouldn't be much business to warrant his absence from
party activities.

"This has left Ncube to endear himself to the people and prove that he can
stand for the people and with the people when the going gets tough. Ncube
has proved himself as a credible leader, at least to those within the party
and the people are agreed that he [Ncube] should be elevated to the
presidency of the party," the insider said.

An effort to discuss his future plans failed to yield the desired results as
Mutambara demanded that he be asked about "important national issues".

"I have said this time and again. Journalists should stop calling me to ask
about petty party political issues. Mutambara is a brand and he is busy with
national issues.

''If any journalist wants to talk to Mutambara, they should discuss national
issues of importance. That is what Mutambara has time for. Nothing else," he
said before hanging up his phone. - Times Live

Mnangagwa and Chinamasa in battle to block Mawere from recovering his companies

http://www.thezimbabwemail.com

20 November, 2010 11:30:00    By Zoli Mangena

Senior cabinet ministers led by Justice Minister Patrick Chinamasa are
blocking South African-based business tycoon Mutumwa Mawere from recovering
his companies, which were seized by the state in 2004.

Current and former presidents have been dragged into the affair.

Government insiders said Chinamasa is backed by powerful Defence Minister
Emmerson Mnangagwa in his bid to prevent Mawere, now a South African
citizen, from getting back his companies.

The administrator of Mawere's firms, Arafas Gwaradzimba - who was appointed
by Chinamasa - is part of the group resisting the return of the companies to
their legitimate owner.

South Africa-based Mawere lost his companies to the government in 2004, when
his SMM Holdings (Pvt) Ltd was placed under reconstruction for indebtedness
to the state, amid allegations the tycoon had channelled huge sums of
foreign currency out of the country.

Mawere is fighting against heavy odds.

Mnangagwa is a close ally of President Robert Mugabe and heads one of the
two main Zanu-PF factions fighting to produce the next party leader and
state president.

Chinamasa is a member of the Mnangagwa faction, which is battling with a
rival camp, led by retired army commander Solomon Mujuru, for control of the
party and to produce a successor to Mugabe.

Insiders said Mawere was going to find it difficult to recover his
companies, as the whole Mnangagwa faction was opposed to it and was even
prepared to resist orders from Mugabe to release the assets.

Chinamasa had repeatedly voiced his opposition to Mawere getting his
companies back without indicating there was an organised group behind him.

Insiders said the whole Mnangagwa faction was opposed to the Mawere move.

Besides Chinamasa, Mnangagwa has the support of half of the Zanu-PF
ministers in cabinet. Mnangagwa is regaining lost ground in the party and
now commands support from senior officials, as well as that of the army.

Mawere recently came back to Zimbabwe to try to recover his companies, only
to find the SMM Holdings business empire in ruins.

This week he appeared before the mines and energy parliamentary portfolio
committee, chaired by Zanu-PF MP Edward Chindori-Chininga, as part of the
campaign to recover his lucrative assets.

Mawere accused Chinamasa of perpetrating "commercial violence" against him
and said the minister's actions were illegal.

"This was purely commercial violence. It is very unusual for a minister of
justice to do this kind of thing," Mawere said.

He said Chinamasa was acting arbitrarily with a small cabal which wants to
seize his assets.

The tycoon said even Mugabe was not aware of what they were doing.

"The president is not aware of this," he told MPs on Monday.

"I asked him (Mugabe) if he knew Zimbabwe had such a law (which allows
expropriation of companies indebted to the state).

"He said it didn't have."

Mawere last year met Mugabe at South African President Jacob Zuma's
inauguration to discuss his companies and assets.

He has engaged the services of former South African president Thabo Mbeki
and former Zambian leader Kenneth Kaunda to help him out.

Since then Mawere has been battling to regain the companies, which had
interests in the mining, petroleum, telecommunications and agricultural
sectors.

Talks between Mawere and the government, which commenced in May, collapsed
before the latest round of talks and lobbying after Chinamasa, Mnangagwa and
Gwaradzimba prevailed over Central Bank Governor Gideon Gono's earlier
advice to Mugabe to return the firms to the tycoon.

The Chinamasa group insisted that Mugabe and Gono should not interfere with
court processes as "it will set a bad precedent".

Mawere had several cases against the government in Zimbabwe and abroad.

The collapse of the negotiations prompted Mawere to engage Kaunda and Mbeki
to negotiate for the return of the firms, but the Chinamasa camp has vowed
that he will not get his assets back. - Times Live

Councillors vow to act on Harare land grab

http://www.thezimbabwemail.com/

20 November, 2010 11:21:00    Times Live & News Day

Harare city councillors investigating the irregular acquisition of prime
council land by mega-rich Local Government Minister Ignatius Chombo and
controversial businessman Phillip Chiyangwa have vowed to pursue the
recovery of the land.

The councillors have started a second round of investigations which has
already revealed that more council land could have been improperly acquired
by top government officials and the politically well-connected.

The councillors who carried out the investigation and the mayor of Harare,
Muchadeyi Masunda, were arrested and charged with criminal defamation early
this year at the instigation of Chiyangwa. Even the Sunday Times
correspondent who exposed the land grab scandal was interrogated by police,
again at the instigation of Chiyangwa.

But two weeks ago, Chiyangwa withdrew the charges, claiming changed
circumstances, while last month he claimed that the councillors had
apologised to him and withdrew the resolution to recover the land they say
he irregularly acquired.

Chiyangwa claimed he had reached a deal with Masunda to retain the
contentious land but the councillors are adamant that they will carry on
with their probe.

Councillors and Masunda appeared to clash last week when the mayor said the
probe on the land grab should continue but with a new committee agreeable to
both the councillors and Chiyangwa.

Probe committee chairman Warship Dumba, however, dismissed Masunda's view.

"I am not sure what excited the mayor when he claimed that there needs to be
an independent committee. We were elected by the people to serve them and
one of the main tasks we have is to reverse the wanton land grab.

"The Urban Councils Act clearly stipulates that we have the power to
investigate and we have the power to reverse everything that was done wrong.
If the people who voted us into power say we should stop, then we will stop,
otherwise land grab investigations will continue.

"Actually, I can reveal that we have already started investigating and we
have discovered more land thefts by the same people. By mid-December, we
will have produced a supplementary report to the main one we produced in
March. We are not going back because the evidence of more looting of state
land is coming up now," said Dumba.

The report by the investigation committee unearthed massive looting of
council land by individuals close to President Robert Mugabe in connivance
with senior employees.

Meanwhile, Harare mayor Muchadeyi Masunda, says he still wants allegations
of unlawful acquisition of council land against Harare business mogul
Phillip Chiyangwa and Local Government minister Ignatius Chombo investigated
and brought to a logical conclusion.

The mayor told NewsDay this week that when he said “let bygones be bygones”
he did not mean that the land saga should be swept under the carpet, but
that little personality squabbles between Chiyangwa and the city fathers
should not be allowed to influence their professionalism.

Council’s committee on land investigations had been angered by what they had
perceived as a “unilateral” decision by the mayor to “forgive” Chiyangwa for
the alleged unlawful acquisition.

They wrote a hard-hitting letter to the mayor telling him he had no mandate
to absolve Chiyangwa and that council and the residents of Harare were not
bound by his “private thoughts or views” about Chiyangwa.

Masunda made his “bygones” statement immediately after the latter had
withdrawn criminal defamation charges against the mayor and the councillors
for accusing him and Chombo of massive land acquisition in the capital.

“The elected councillors do not regard Mr Chiyangwa’s withdrawal of charges
against the councillors as a favour. Mr. Chiyangwa laid charges against
councillors and yourself in order to intimidate them, thereby preventing
them from robustly interrogating the issue of his acquiring vast tracts of
council property in a less than transparent manner.”

The councillors’ letter to the mayor expressed unusual fury, only falling
short of totally dismissing the mayor.

They unequivocally reminded the mayor that the land at the centre of the
controversy does not belong to the councillors or to him and therefore none
of them had a right to decide to bury issues to do with its alleged unlawful
acquisition.

“The elected councillors in the Special Investigation Committee do not
purport to fully comprehend what you meant by suggesting that “let bygones
be bygones”.

If you meant that the City Council should drop charges against Mr. Chiyangwa
for the unlawful acquisition of council land, the elected councillors in the
committee take this opportunity to inform you and the Harare residents that
is unacceptable.

“The land that the available documentary evidence suggests Mr. Chiyangwa
unlawfully acquired does not belong to yourself (the mayor), the councillors
or any individual.

“The land constitutes public property. None of us therefore has the mandate
to forgive Mr. Chiyangwa on the issue of the unlawful acquisition of council
land”.

The mayor said he had received the scathing letter and said the city fathers
had misinterpreted his “bygones” sentiments.

He said he was only trying to counsel patience and tolerance on the part of
the city fathers.

The councillors, he said, should not handle the Chiyangwa issue in an
 “angry” manner otherwise they would lose fair judgement.

“People think I made a generous statement when I said let bygones be
bygones. I want the matter investigated to its logical conclusion but the
councillors should not be in a warlike mood, declaring that they will not
forgive Chiyangwa for calling them hoodlums. If they do that, how are they
going to be impartial in dealing with the issue?” said Masunda.

“How can Chombo and Chiyangwa appear before a committee of councillors who
are breathing fire and are in a warlike mood?” he asked.

The mayor said council would next Thursday hold a special meeting to discuss
the Chiyangwa-Chombo issue.

His suggestion, he said, would be to bring in an independent team of
investigators who would look at the 54-page allegations against the two and
would also consider any other information from any quarter that could assist
in the case.

The councillors reminded the mayor in their letter that he had contributed
to the 54-page damning report accusing Chiyangwa and Chombo of fraudulently
acquiring vast tracts of city land.

“You will appreciate that whatever private thoughts or views you may hold
towards Mr Chiyangwa or the investigation into the manner in which he
corruptly acquired property, you cannot unilaterally shift the position
adopted by elected councillors to suit your private thoughts or views,” said
the letter, which was signed by Warship Dumba, the chairman of the council’s
land investigation committee.

“The report therefore is as much yours as it is the city councillors’.”

Masunda said he did not want the councillors to hold “township grudges”
against a person they were investigating otherwise that would influence
their partiality.

He said he had many times been humiliated and called names but he had
managed to put that behind him and continue to act professionally.

The fact that Chiyangwa had at one time verbally attacked the councillors,
calling them “a bunch of hoodlums” was “part of the heat in the kitchen”.

“I have been humiliated myself and called names.

“At one time Chiyangwa called me ‘Uncle Tom’ and accused me of serving the
interests of corporates and that he would see to it that the council I lead
was dissolved. But did I say anything?”

“If you are going to be in the kitchen expect the heat and if it becomes too
much, then get out of the kitchen.

“Expect the good, the bad and the ugly,” he said.

- Times Live and NewsDay

Zimbabwe Vigil Diary – 20th November 2010

Vigil supporters were not surprised to learn of the latest SADC fiasco which left President Zuma talking to himself a meeting of the security troika in Gaberone called to discuss Zimbabwe.

Zambian President Rupiah Banda – obviously still to recover from being peed on by a monkey in State House – failed to turn up. The third member of the troika President Armando Guebuza of Mozambique had no such excuse: perhaps he just forgot to go.

Nevertheless the meeting was a brilliant success for President Zuma who managed to get his views on Zimbabwe across to himself without interruption. He no doubt congratulated himself on South Africa’s efficient plans to expel hundreds of thousands of Zimbabwean refugees in the new year.

We at the Vigil looked elsewhere for inspiration – to Chief Chaka of Chirumhanzu in Mashonaland, who spoke at a meeting last Sunday arranged by our friends of Restoration of Human Rights in Zimbabwe (ROHR). A full report on this meeting can be seen on ROHR’s website (http://www.rohrzimbabwe.org/Latest-News-from-ROHR-in-Zimbabwe/) but we quote some of it here because it exemplifies what the Vigil is trying to achieve:

“More than five hundred villagers, among them chiefs, counsellors, herdsmen, the representative from national youth service, church leaders, artists, women, youths, men, political party representatives and members from the MDC and from ZANU PF, gathered on Sunday afternoon 14^th November at Muwani business centre, 5 km from Chaka business centre along the Harare – Masvingo road to commemorate the international day of peace organized by ROHR Zimbabwe. The commemoration was celebrated in the form of rich probing poetry, incisive drama, soothing music , testimonials and deep speeches interwoven together to popularize the inevitable need for sustainable peace for development, its attainment and the underlying advantages of the absence of violence. The moment came when his highness, the visionary Chief Chaka delivered the key note address directly to his people and the visiting chief Manhovo from the neighbouring villages. Unlike the other breed of chieftainship that has been mired in the political crisis rather than being part of the solution, Chief Chaka made it known openly to the gathering that he was neither MDC nor Zanu PF in assuming his priorities and duties as the leader.”

Chief Chaka said “People should be free to live in harmony. I have said to people particularly the youths in my area, if I hear that you have burnt a house or that you have beaten other people because of politics then you have to depart from my area.” He went on to say: “As from today we do not tolerate any form of intimidation or any form of violence among the people of Manhovo and Chaka. We are one family therefore we encourage unity and development. I do not want to hear of any shaming incidents in newspapers of violence between Manhovo and Chaka. You are lucky to have wise leadership that respects truth telling . . . that is why I am here today. We want peace and unity. I am not aligned to any political party. I want to unite people to live in peace, exchange ideas on what to do to stir development forward. Let’s be in the papers for good reasons not violence. I want to conclude saying to the youths, do not let people buy you beer or drugs to commit murder. Human blood is sacred.”

As we sang and danced outside the Embassy, Vigil supporters could only pray that ROHR’s message will spread widely before elections proposed for next year. But Vigil supporter David Kadzutu of the MDC said that Zanu PF were already using their tactics of intimidation and violence. He said the MDC and all other opposition groups should join forces with one voice.

Other points

·       Three ROHR representatives are currently in Mozambique engaged in a regional advocacy and exchange programme in support of democracy in Zimbabwe (see: http://www.rohrzimbabwe.org/Latest-News-from-ROHR-in-Zimbabwe/).  

·       Josie Zhuga addressed a meeting on behalf of the Vigil of the Women’s International League for Peace and Freedom (WILPF) on Monday.  They are keen to involve Zimbabweans in their Voices of African Women campaign. (See Events and Notices Section).

·       The Vigil is bemused by speculation about a rapprochement between Mugabe and the UK government. The Vigil will pursue under international human rights laws all the Zimbabwean human rights abusers who may come to the UK. The only safe haven that Mugabe can have in the UK is at the Broadmoor prison for the criminally insane.

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:  132 signed the register.

EVENTS AND NOTICES:

·       The Restoration of Human Rights in Zimbabwe (ROHR) is the Vigil’s partner organisation based in Zimbabwe. ROHR grew out of the need for the Vigil to have an organisation on the ground in Zimbabwe which reflected the Vigil’s mission statement in a practical way. ROHR in the UK actively fundraises through membership subscriptions, events, sales etc to support the activities of ROHR in Zimbabwe.

·       WILPF Voices of African Women meeting. Thursday 25^th November at 6.30 pm. Venue: WILPF office, 52-54 Featherstone Street, London EC1Y 8RT near Old Street, The meeting is open to anyone who is interested and it is an ongoing campaign.

·       Launch of ZimVigil TV website.  Friday 26^th November.  Thanks to Dr Tim Rusike of ZBN News who is setting up a new website: www.zimvigiltv.com in gratitude to the Vigil for allowing him to work at the Vigil to develop ZBN News.  The website will be managed by a team selected by the Vigil and will have space for videos, picture gallery, community area and blog.

·       ROHR Woking Christmas Party. Saturday 4^th December from 2 – 10 pm. Venue: The Church House, Oriental Road, Woking GU22 7BD. Contact Isaac Mudzamiri 07774044873, Thandiwe Mabodoko 07552402416, Thoko Khlokanka 07886203113 or P Mapfumo on 07915926323/07932216070

·       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 Zimbabwe

·       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 Takudzwa Mukiwa (takudzwa.mukiwa@tht.org.uk) if you are interested in taking part.

Vigil Co-ordinators

The Vigil, outside the Zimbabwe Embassy, 429 Strand, London, takes place every Saturday from 14.00 to 18.00 to protest against gross violations of human rights in Zimbabwe. The Vigil which started in October 2002 will continue until internationally-monitored, free and fair elections are held in Zimbabwe: http://www.zimvigil.co.uk.

Zimbabwe’s MPs should keep their eyes on the ball

By Clifford Chitupa Mashiri, Political Analyst, London 21/11/10

It was very unfortunate that there was pandemonium in the Parliament of
Zimbabwe on Tuesday 16 November 2010 during debate on a condolences motion
following the death of Zanu-pf former Mashonaland Central Governor, Ephraim
Masawi. More disturbing was the verbal showdown between rival groups of MPs
over the late Masawi’s hero status. His widow later reportedly reminded the
MPs not to fight the dead but fight the system (Newsday 19/11/10).

Indeed, Mrs Masawi had a point because even within Zanu-pf itself, there is
no consensus as to who qualifies to be a national hero as was demonstrated
following the death of Pamela Tungamirai who was declared a liberation war
heroine in October. Mugabe’s confidante, Didymus Mutasa was quoted as saying
that the Zanu-pf’s politiburo would have to sit to reconsider Pamela
Tungamirai’s status after a barrage of attacks from the party’s Women’s
League, Harare province and her family.

There was and probably still is confusion as to who accorded the late Pamela
a provincial heroine status because the politburo reportedly never met to
deliberate on the issue. However, it was said to have been hastily made at
Harare International Airport before Mugabe’s departure for Libya. Probably,
that explains the mystery. Maybe, that could also be system Mrs Masawi was
referring to. Nevertheless, Zimbabwe’s MPs should keep their eye on the ball
and not be side tracked because they have a huge back-log of national and
constituency issues deserving their undivided attention.

One of the most pressing national issues at the moment is Zimbabwe’s
non-compliance with some of the European Union’s benchmarks of good
governance under the Cotonou Agreement of 2000 as amended in 2005. This
refers to Article 9 on the essential elements regarding human rights,
democratic principles and the rule of law as well as fundamental elements
regarding good governance (Zimbabwe’s Human Rights NGO Forum, “Zimbabwe’s
Failure to Meet The Benchmarks in the Cotonou Agreement”, November 2006 p3).

For example, our MPs could help promote democracy, freedom of the mass media
and human rights by moving substantive motions in Parliament for the
suspension of the implementation of the Access to Information and Protection
of Privacy Act (AIPPA) and the Public Order and Security Act (POSA) not just
it’s amendment as happening now. One of the EU benchmarks being flouted by
the Mugabe regime is the withdrawal of all existing charges against
journalists under AIPPA.

We could also add the withdrawal of charges under the Criminal Law
(Codification and Reform) Act and related laws under which  Standard
Reporter Ngobani Ndlovu is being charged and is spending the weekend in
remand prison in connection with a story he wrote about the cancellation of
police promotion examinations (Daily News, 20/11/10). MPs need to be seen to
be championing press freedom in the country because without it there can be
no free and fair elections in Mugabe’s Zimbabwe where even the weather
forecast is reportedly being doctored.

Similarly, worth opposing by way of parliamentary motions is the new General
Law Amendment Bill which is due to be tabled by Zanu-pf soon and is seen by
media experts as an attempt to stop ordinary Zimbabweans and the media from
accessing official information including court judgements, new legislation
and all public records (The Zimbabwean, 20/11/10).

Ordinary Zimbabweans look up to their MPs to use their privileged positions
in Parliament where they don’t risk arrest as opposed to making a speech in
Africa Unity Square to demand justice from the oppressive Mugabe regime. In
particular, MPs need to challenge Zanu-pf Justice Minister Patrick Chinamasa
for denying responsibility for failure to prosecute perpetrators of
political violence in which 200 people were killed in 2008. Another issue
worth an MP’s concern is that of police orders on the Zimbabwe Human Rights
NGO Forum to pull down anti-torture billboards claiming they were offensive.
We want such issues to be raised in Parliament and recorded in Hansard for
posterity.

Zimbabwe’s MPs have recently demanded salaries of US$2500 backdated to two
years and monetary compensation if next year’s general election goes ahead
(New Zimbabwe, 14/11/10). Admittedly, they are not among the highest paid at
US$300 per month, however, our MPs should be reminded that they are not
employees but politicians and may get a pension for their service to the
state.

Neither is their work subject to job evaluation because it cannot be
objectively measured and compared resulting in a common financial value as
done for civil service or private sector jobs which are ideally held on
merit i.e. based on professional qualifications and certain competences,
although the reality is something else since the advent of patronage and
corruption.

It is not clear if our Members of Parliament are aware of the short-comings
of the Parliament of Zimbabwe website as accessed and analysed albeit not
thoroughly on 21/11/10. Of particular interest to this analyst was the
omission of information regarding the MPs and the unacceptably shabby
presentation of their constituency profiles, if they ever have time to
browse the Internet.

Several  constituency profiles were “still under construction” e.g. Harare
East, Harare South, Marondera East, Makokoba, Bulawayo East, Bulawayo South
and so on but we don’t know since when. As for those that are operational
about twelve accessed have no data about registered voters, while others all
don’t have dates of compilation nor maps. For instance, Beitbridge South has
20 pages describing very basic data about location but like all profiles has
no map.

The information given for Beitbridge has a Zanu-pf bias throughout -
highlighting that there are 20 farms set aside for land reform but saying
which ones have been resettled and with what production. All income
generating projects in the constituency are funded by the Ministry of Youth,
Gender and Employment Creation but there are no figures of the amounts
allocated. Equally missing are development indicators like mortality rates,
literacy, number of telephones, mobile phones available and so on.  There is
an obsession with the number of schools built since independence, while a
positive factor, no data is given on the performance of the children in
national exams.

The constituency profiles which should give useful information to
prospective investors, donors, philanthropists and tourists read like Grade
3 Geography textbooks. Considering the fact that the Parliament of Zimbabwe
programme is being funded by the United Nations, it leaves one wondering why
the website is so poorly presented and developed. For example, in describing
the location of Chimanimani constituency, the compilers wrote 21 sentences
in a winding fashion before a full stop and there is no map nor place names
of the wards. That is not the only one. The website is very slow and lacking
vital information.

However, a slight improvement was noted on the Mbare Constituency profile
which has some pie charts and tables to summarise standard information
rather than fill 36 pages going in circles as noted in the case of Bulilima
Mangwe and Mazowe East.

Recommendations for Mbare Constituency made sad reading especially when you
realise that Zimbabwe owes US$1.3 billion it’s not clear what it was used
for when you read that:

“The stench of urine and decomposing waste wafts through the air especially
at the bus terminus. Bus shelters have been totally stripped of most of the
material especially roofing sheets and enough attention should be accorded
to them. The infrastructure like halls lack proper maintenance, the swimming
pool is now an open pit and tennis grounds are now mere open spaces and very
few have been left to resemble their original shape.”

One best practice for parliament websites is that of the UK Parliament. It
shows the names of MPs, their pictures, constituencies, parties, addresses,
telephone numbers, fax numbers, e-mail addresses, biographical data e.g.
election history, parliamentary career, parliamentary party groups, select
committees, councils and public bodies on which they serve or have served in
the past as well as political interests without forgetting countries of
interest (www.parliament.uk). In fact, a British MP, Paul Flynn won the
British Computer Society MP Website 2007 Award for Website Design in
appreciation for passionately communicating with the public.

We can also do it. Our MPs should use their constituency funds for
development which are reportedly lying idle somewhere in government. They
can also encourage corporate bodies to adopt community projects like
swimming pools or tennis courts in order to promote corporate social
responsibility and their business image. Companies can also sponsor events
for cleaning up the smelly areas by giving volunteers shopping vouchers,
promotional materials like t-shirts and so on in return for free labour
overseen by the local MP.

Charity events which can be used to raise funds for projects include
auctions of celebrity items, fashion shows, social football games e.g.
Zanu-pf MPs vs MDC MPs, inter-constituency competitions and many others.
Last but not least, our MPs should tap on the Diaspora and donors for
computers, cash, textbooks. Ironically, Harare has all the foregoing
problems plus only two ambulances while US$300 000 was given to a loser of a
hopeless contest for political reasons. Donors are willing to fund projects
where there is transparency and accountability e.g. by using reputable firms
to carry out audits.

Zimbabwe’s MPs can help make a difference if they only keep their eyes on
the ball, rather than on trivia because some people sacrificed their lives
in previous elections.

Clifford Chitupa Mashiri, Political Analyst, London
zimanalysis2009@gmail.com

Constitution Watch Content Series 6/2010 - 19th November[Separation of Powers Part II]

CONSTITUTION WATCH

CONTENT SERIES 6/2010

[19th November 2010]

Separation of Powers Part II

Separation of Powers in Current and Various Draft Constitutions

Introduction

In the first part of this Constitution Watch we outlined the theory behind the doctrine of separation of powers, and noted that although it is seldom applied strictly, its value lies in emphasising the need for strong independent institutions within a State which provide checks and balances against encroachment by any one of the main branches of government into the spheres of the others.

In this part we shall compare our present Constitution and the three main constitutional proposals that have been put forward since 2000 — the Kariba draft, the NCA draft and the recent Law Society model — to see how far they provide for a separation of powers. (In what follows, the effect of the GPA on the present Constitution will be ignored — it is so vaguely worded that in most cases it obscures what was previously clear, and in any event its effect is only temporary).

Comparison of Provisions for Separation of Powers in Present Constitution and Proposed Drafts.

Can the Executive (i.e. the Head of Government or a Minister) exercise legislative powers?

·      Present Constitution: Parliament can confer legislative functions on anyone (section 32). Under the Presidential Powers (Temporary Measures) Act and the Emergency Powers Act, the President has been given almost unlimited, though temporary, power to enact legislation.

·      Kariba draft: Legislative authority is vested in Parliament and the President (clause 103) and Parliament may confer legislative functions on anyone (clause 104).

·      NCA draft: Only subsidiary law-making powers may be delegated by Parliament, and all subsidiary legislation must be laid before the National Assembly (clause 49).

·      Law Society draft: Essentially the same as the NCA draft (clause 53)

Can the President veto legislation?

·      Present Constitution: The President has 21 days within which to assent to a Bill passed by Parliament. If he refuses assent, the Bill is returned to Parliament and, if the House of Assembly by a 2/3 majority so resolves, the Bill is sent back to the President. He must then assent to it within 21 days or dissolve Parliament (section 51).

·      Kariba draft: As under the present Constitution, the President may refuse to assent to a Bill within 21 days — but only if he or she has reservations about its constitutionality. If the President refuses assent, the Bill is returned to Parliament and, if a 2/3 majority of both the Senate and the House of Assembly so resolves, the Bill is sent back to the President. He must then assent to it within 21 days (clause 136).

·      NCA draft: Very much the same as under the Kariba draft (clause 70).

·      Law Society draft: Again, very much the same as under the Kariba draft (clause 52).

Can the Executive appoint members of Parliament?

·      Present Constitution: Out of 93 Senators, the President appoints five in his complete discretion; a further 10 are Provincial Governors appointed by the President in his complete discretion; and a further 18 are chiefs who owe their appointment to the President (section 34)

·      Kariba draft: Identical to the present Constitution (clause 106)

·      NCA draft: Ten Senators will be chiefs, but the manner in which the chiefs will be appointed is unclear (clause 65).

·      Law Society draft: All members of both Houses of Parliament will be elected (clauses 65 & 68)

Can the Executive impose taxes?

·      Present Constitution: Probably not, if the Constitution is properly interpreted, but the President has imposed taxes using the Presidential Powers (Temporary Measures) Act.

·      Kariba draft: No taxes, duties or levies may be imposed unless they have been authorised by an Act of Parliament, but an Act can allow a Minister to impose them (clause 222).

·      NCA draft: No tax, duty or imposition may be imposed except under the authority of an Act of Parliament (clause 148).

·      Law Society draft: No tax, duty or levy may be imposed except under specific authority of the constitution or an Act of Parliament (clause 164).

Must the Executive obey judicial decisions?

·      Present Constitution: Yes, though the Constitution does not say so expressly. Section 31H(2) requires the President to uphold the Constitution and ensure that all laws are faithfully executed; if he fails to do so the only sanction is impeachment, a political measure. Section 18(1a) requires all public officers to uphold the rule of law.

·      Kariba draft: Much the same as the present Constitution (clauses 12 & 80)

·      NCA draft: Yes. All organs of the State will have to ensure the effectiveness of the courts, and judicial decisions will bind organs of the State (clause 97).

·      Law Society draft: The same as the NCA draft (clause 105).

Are judges appointed by an independent body?

·      Present Constitution: No. The President appoints judges after consultation with the Judicial Service Commission, which in any event is dominated by his appointees (sections 84 & 90)

·      Kariba draft: The President will appoint the Chief Justice and his or her deputy after consultation with the Judicial Service Commission, and other judges either with the approval of the Commission or from a list of names submitted by the Commission (clause 163). Again, the Commission will be dominated by presidential appointees (clause 172).

·      NCA draft: The Chief Justice and the Judge President will be appointed by the President from a list of nominees submitted by the Judicial Services Commission; other judges will be appointed by the President on the recommendation of the Commission. All these appointments will be subject to approval by the Senate. (clause 109) The Commission’s membership will be drawn from a variety of sources (clause 115)

·      Law Society draft: Very much the same as the NCA draft (clauses 113-6). A majority of members of the Judicial Services Commission will be elected by the legal profession.

Is judicial independence guaranteed?

·      Present Constitution: Yes, expressly by section 79B and indirectly by ensuring that judges can be removed from office only on limited grounds and after a proper investigation, and by stating that their remuneration cannot be reduced while they are in office.

·      Kariba draft: Very much the same as the present Constitution, though gross incompetence is an additional ground for removing judges from office.

·      NCA draft: Again, much the same as the present Constitution. Gross incompetence is an additional ground for removing judges, and the procedure for doing so is not specified.

·      Law Society draft: Also much the same as the present Constitution, though again gross incompetence is an additional ground for removing judges (is some message being sent to our current judges?). As in the NCA draft, the precise procedure for removing judges is not specified, though it must be “fair”.

Can the Executive (i.e. the President or the Prime Minister) determine whether and when Parliament sits?

·      Present Constitution: Yes. The President decides when sessions of Parliament begin, but there must be a session of Parliament at least once every six months (section 62(2)).

·      Kariba draft: Much the same as the present Constitution, but the President will have to summon Parliament within 21 days after each general election (clause 140).

·      NCA draft: No. The President will have to summon Parliament within 21 days after an election, and thereafter Parliament will determine when it sits.

·      Law Society draft: The same as the NCA draft, though the President, on the advice of the Prime Minister, will be able to summon Parliament for special business (clause 63)

Can the President dissolve or prorogue (i.e. suspend) Parliament at his discretion?

·      Present Constitution: Yes, he can do so at any time in his absolute discretion, i.e. without consulting the Cabinet (sections 62(1), 63(1) & 31H(5), proviso (a)).

·      Kariba draft: The same as the present Constitution (clauses 98(2) & 144).

·      NCA draft: No. Parliament will be dissolved only if the National Assembly, by a 2/3 majority, so resolves (clause 58).

·      Law Society draft: The same as the NCA draft (clause 62).

Is the head of government — the President or the Prime Minister — dismissible by Parliament?

·      Present Constitution: Yes. The President can be impeached and removed from office by a 2/3 majority of both Houses of Parliament (section 29). Also, if a 2/3 majority of each House passes a vote of no confidence in the Government, the President must either call a general election, or dismiss the Cabinet, or himself resign (section 31F).

·      Kariba draft: Yes, by a 2/3 majority the Senate can impeach the President and remove him or her from office (clause 90). And if a 2/3 majority of both Houses of Parliament pass a vote of no confidence in the Government, the President must either dismiss the Cabinet or call a general election (clause 97).

·      NCA draft: Yes. The Prime Minister, who is Head of Government, can be removed from office by a 3/5 majority of the National Assembly (clause 86). And if the National Assembly, by a 3/5 majority, passes a vote of no confidence in the Government, the Prime Minister must resign (clause 88).

·      Law Society draft: The same as the NCA draft, though the majority required for the vote in the National Assembly is 2/3, not 3/5 (clauses 85 & 90).

Is the Attorney-General or the person responsible for criminal prosecutions independent of the Executive and the Legislature?

·      Present Constitution: No. He is a non-voting member of the Cabinet and of the Senate and House of Assembly (section 76(3b)).

·      Kariba draft: The same as the present Constitution (clause 175(2)).

·      NCA draft: Yes. The Attorney-General will be appointed in the same way as judges, will enjoy security of tenure and will not be a member of the Cabinet or either House of Parliament (clause 117).

·      Law Society draft: Yes. Though the Attorney-General will be a non-voting member of Cabinet (clause 127), he or she will not be responsible for criminal prosecutions. The Independent Prosecutor-General, who will be responsible for them, will be appointed in the same way as judges, will enjoy security of tenure and will not be a member of the Cabinet or either House of Parliament (clause 129).

Conclusion

The present Constitution comes out very badly from this brief survey. The Executive dominates the other two arms of government and there are no effective checks on its power. It is hardly surprising that Parliament has become little more than a rubber-stamp for the President’s policies, and that the Judiciary has ceased to be an effective protector of fundamental human rights.

The Kariba draft comes out little better. The President will have the same power to summon, prorogue and dissolve Parliament as he has at present; he will have the same power to appoint members of the Senate; and, at least potentially, he will enjoy the same wide power to enact legislation. He will not, however, have quite so much freedom to appoint judges so the judiciary may be a little more independent. And, if the judges find the strength to apply it, the Declaration of Rights in the Kariba draft is much more comprehensive than the Declaration in the present Constitution. Criminal prosecutions, however, will remain in the hands of an Attorney-General who is closely linked to the politicians who make up the Executive.

Under both the NCA draft and the Law Society draft there will be greater separation between the three branches of government, and the Legislature and the Judiciary will be more independent. The President will not be able to appoint members of Parliament at all under the Law Society draft, and the NCA draft will allow only 10 chiefs to sit in the Senate. Both Houses of Parliament will be able to decide when and how often they sit. The power of the Executive — the Prime Minister and his or her Ministers — to enact legislation will be more restricted. Judges will be appointed by an independent and transparent process and their judicial autonomy will be better protected than under the Kariba draft.

If, therefore, legal theorists are right in believing that separation of powers in a State guarantees the freedom of its citizens, then the fundamental rights and freedoms of Zimbabweans will be better protected if they adopt a new constitution along the lines of the NCA draft or the Law Society draft, than if they opt for the Kariba draft.  

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied

Bill Watch Special of 20th November 2010 [Parliamentary Committee Meetings 22 to 25 November]