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Army 'faked' votes for Mugabe

Andrew Meldrum in Pretoria
Thursday November 27, 2003
The Guardian

A Zimbabwean army officer yesterday described how, under orders, he forged
thousands of ballots for Robert Mugabe in last year's disputed presidential
elections.
Lieutenant Herbert Ndlovu, 43, said he had worked with five other army
personnel to falsify thousands of army postal ballots so they were all for
Mr Mugabe. "I knew it was wrong, but I was given orders," he said.

Speaking to a group of reporters in Johannesburg, he said he had been
instructed to fill out the ballots by a Captain Chauke at the headquarters
of the 4th Brigade in the southern city of Masvingo in February, a month
before the election.

This is the first public testimony of ballot stuffing and should bolster the
considerable evidence of voting fraud being presented in court to challenge
Mr Mugabe's re-election.

Lt Ndlovu said he had later been accused by the army's security division of
sympathising with the opposition party, the Movement for Democratic Change.
He told of prolonged beatings and torture by electric shock by security
officers that have left him, 20 months later, needing crutches.

The lieutenant and another army officer who survived similar torture fled
Zimbabwe this week to make their allegations.

"We do not even feel safe here in South Africa, but we want the world to
know about the terrible things that are going on," Lt Ndlovu said. "We both
fought to liberate our country from Rhodesian oppression, but we never
expected to see this new oppression."

His testimony is expected to be added to the evidence being presented in the
high court in Harare by the Zimbabwe opposition leader, Morgan Tsvangirai,
who is challenging the legitimacy of Mr Mugabe's presidency on the grounds
of widespread voting fraud and state violence.
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 Are there talks?

 

Dear Friend,

 

Please find attached my riposte to those who state that there are talks going on and that quiet diplomacy is yielding fruit.

 

Best wishes,

 

David Coltart


_____________________________________________________
 

THE MUGABE REGIME – TYRANNY ABOUT TO END?

South African President Thabo Mbeki in a recent State visit to Canada assured Canadian Prime Minister Jean Chretien that talks were taking place in Zimbabwe between the Mugabe regime and the opposition MDC and that a settlement was likely soon. These comments follow similar confident assurances given by President Mbeki to President George Bush when he visited South Africa in July.

These assertions are not new. President Mbeki first commenced his policy of "quiet diplomacy" in April 2000 following the first brutal murders committed earlier that same month by the Mugabe regime against the opposition in the run up to the 2000 Parliamentary elections. Since then he has repeatedly stated that this policy was the best way of resolving the crisis in Zimbabwe.

The MDC has stated repeatedly since July that whilst there have in the past been a few informal discussions with elements of the Mugabe regime no agreement has been reached. In fact since President Bush’s visit no discussions or talks of any description have taken place. The Mugabe regime itself has issued similar denials about the so-called progress of the talks about talks.

The only person who persistently insists that talks are taking place, that agreement has almost been reached and that a settlement is imminent, is President Mbeki. Whilst one doesn’t wish to question President Mbeki’s good faith one wonders what sort of intelligence he is receiving. What does he know that we don’t know? Has he been advised of something that even the head of our dialogue team, Hon. Professor Welshman Ncube doesn’t know? The South Africans counter these denials from both parties as coyness on their part – in other words part of their negotiating strategy and, accordingly, untrue. So what in fact is happening?

In answering this question it is instructive to draw a comparison between what is taking place in Zimbabwe today and what happened in South Africa after the release of Nelson Mandela and the commencement of the Codesa talks which led to the end of apartheid and the first democratic elections in 1994. Whilst there were major setbacks and a continuation of violent actions, including those perpetrated by a third force, President FW De Klerk did ensure that an environment was created to facilitate discussions. Codesa itself was conducted in a relatively transparent fashion and the general public was at least aware of its existence and what progress was being made. In other words aside from the inevitable doublespeak and setbacks, that are part and parcel of any settlement talks, the world was able to judge from an objective reality that talks were taking place, that all the parties to them were engaged in the process and that they were bearing fruit.

The situation prevailing in Zimbabwe today is a far cry from what happened in South Africa in the early 1990s. Whereas in South Africa attempts were made by the apartheid regime to create a more conducive environment for talks the converse applies in Zimbabwe today and the lie regarding the success of the talks and "quiet diplomacy" is given in the harsh objective reality of the political crack down that has been experienced in Zimbabwe, ironically since Thabo Mbeki became George Bush’s "point man" in July. This harsh objective reality is given in five indicators which show what the Mugabe regime’s true intentions are.

 

  1. The August supplementary budget

    In August the Zimbabwean Parliament debated a supplementary budget for the 2003 financial year. Most budgets are a clear guide as to the policies which any government is about to implement and this budget is no exception. The budget for the CIO (Zimbabwe’s equivalent of the Stazi) doubled to a total of Z$ 10 billion. The salary budget for the parent Ministry of the notorious Youth Brigade (the so called "Green Bombers", Mugabe’s version of the Hitler Youth) went up from Z$ 1,2 billion to Z$ 3,4 billion. To put these increases in context the total budget for drugs and medical expenses for all of Zimbabwe’s prisoners (conservatively estimated to number 22,000) went up from the original figure of Z$ 400 million by paltry Z$ 100 million to Z$ ,5 billion. Put another way the regime is happy to spend billions on institutions that are designed to instill fear in the public but is only prepared to spend approximately Z$ 23000, or US$ 4, per prisoner in a prison system ravaged by Aids and overcrowding.

  2. The new food distribution policy

    Largely as a result of the chaotic land and economic policies over half the Zimbabwean population faces starvation. The Mugabe regime has turned this situation to its own benefit as it has used food as a political weapon. The World Food Programme has attempted to negate this policy by insisting that NGOs distribute food donated by foreign governments and institutions. In August the regime issued a new food distribution directive that WFP sourced food must be distributed by government agents. Whilst this caused a flutter in the donor community and a Memorandum of Understanding (that the preexisting system of food distribution by NGOs would continue) being agreed to between the donor community and the regime, the fact remains that the original directive has not been withdrawn. Whether the Memorandum of Agreement or the directive holds sway is not the point. There was never any need for the new directive and its issuance is a clear demonstration of what the regime’s intentions are – it would still like to use food as a weapon.

  3. Harassment of the MDC and civil society

    Immediately after the Bush/Mbeki meeting in early July the MDC made several conciliatory gestures to facilitate negotiations. Its MPs and Morgan Tsvangirai attended the opening of Parliament by Mugabe (having previously boycotted any functions attended by him); it postponed further mass action (having organized two extremely successful nationwide strikes in March and June) and advised that it was prepared to suspend the court challenge to Mugabe’s March 2002 election. Those actions have not been reciprocated by anything other than ongoing harassment of the MDC by the regime. The August Urban Council elections were marred by violence, intimidation, fraud and

    abuse of the electoral process by the regime. Despite this the MDC still managed to win control of 11 of the 12 municipal councils and controls the five largest cities in the country.

    Spurious prosecutions against MDC leaders have continued and new prosecutions commenced. A few weeks ago 3 MDC employees were shot in the MDC headquarters by a ZANU (PF) supporter; as is customary the wounded employees were arrested and the ZANU (PF) culprit has not been prosecuted. On the 18th November the entire MDC campaign team for the forthcoming Kadoma Constituency by-election was arrested and the same team denied access to the voters’ roll for the constituency. These are but a sample of the types of harassment the MDC continues to endure. Pro-democracy efforts by civil society are not exempt as demonstrated by the violent suppression of the Zimbabwe Congress of Trade Union’s peaceful protests by the Police on the 18th November. Even the ANC’s tripartite alliance partner, COSATU, recognized the extent of the suppression and threatened to shut down Zimbabwe’s borders with South Africa.

    The point is that far from liberalizing the political environment the regime has done the very opposite since July.

  4. The banning of the Daily News

    Presidents Mbeki and Obasanjo have in the past year expressed disquiet regarding legislation designed to silence the press such as the so called "Access to Information" Act (AIPPA) and announced that they had received assurances from the regime that the draconian aspects of the Act would be repealed. Whilst the Act has been amended the draconian measures are still firmly in place and in September were utilized effectively to ban the only independent daily newspaper, with the highest circulation of all newspapers, the Daily News. This is the only paper the average Zimbabwean can afford.

    Excessive force has been employed by the Police to ensure that the Daily News remains closed - computers have been confiscated and senior editorial staff, journalists and directors of the company have been detained. The regime shows no sign of allowing the Daily News to open again, indeed government controlled newspapers have celebrated the "demise" of the Daily News in their columns. Threats have been issued by the regime’s Minister of Information, Jonathan Moyo, against the only two remaining independent newspapers, one a weekly and the other a Sunday paper. When the regime’s Minister of Justice was asked in Parliament recently by me whether Moyo’s comments reflected the regime’s policy the retort was that the "law" would have to take its course against these other newspapers, another clear threat and an indication that the regime has no intention of creating an environment conducive to negotiations.

    Threats have even now been directed against the Administrative Court Judge, Michael Majuru, who ruled recently that the Daily News was lawfully entitled to operate. All of these measures are designed to ensure that a free press is not allowed to operate in Zimbabwe.

  5. The militarization of institutions and society

Whilst in Canada President Mbeki indicated that there was a prospect of a coalition government emerging in Zimbabwe soon. This sentiment is not matched by facts on the ground. On the same day President Mbeki spoke in Canada General Zvinavashe, the Commander of the Armed Forces, announced his intention to retire and to go into some form of "national" position. Speculation is rife that Mugabe’s intention is to appoint Zvinavashe as Vice President to replace the late Simon Muzenda. This would be consistent with Mugabe’s policy of the past few years to appoint military men to head the Prison service, the Grain Marketing Board, the Electoral Supervisory Commission, secret police and even Provinces - the latter demonstrated by Mugabe’s appointment two weeks ago as Governor of Manicaland Province of the officer in charge of the regime’s military operations in the Congo. The appointment of this army officer has resulted in hostilities being directed against MDC leaders in Manicaland in the past few days.

All in all there is nothing to indicate that the Mugabe regime has any intention of negotiating a peaceful and democratic solution to Zimbabwe’s crisis. On the contrary there is every indication that the regime is digging in.

What many throughout the world do not seem to grasp is that Mugabe is a tyrant and tyrants do not negotiate their way out of power. What also is not appreciated is that Mugabe has very compelling reasons why he fears losing power. Only two groups of people fully know what happened when Mugabe deployed his North Korean trained Fifth Brigade in Matabeleland in January 1983 – the surviving victims and the perpetrators responsible for the massacres of over 20000 people and the torture of tens of thousands of others. Mugabe himself is in the unique position of knowing both what happened (having engineered and directed it in the first place) and of knowing the depth of anger still felt by the victims (routinely reported to him by his intelligence services). Just last week the Supreme Court, increasingly a willing arm of the regime, ruled to suppress the publication of government reports prepared in the early 1980s which detail what happened during this period.

Furthermore few appreciate the extent to which the Mugabe regime has looted the resources of Zimbabwe in the last few years. The leaders of the regime know they simply cannot relinquish power if they are to continue to hide and retain their ill gotten gain. It does not matter what amnesty guarantees the MDC gives Mugabe and those around him who are guilty of crimes against humanity and corruption. They know that there is nothing anyone can do to protect themselves from the wrath of the Zimbabwean public and international law once they lose the safe haven of political power.

Because of this all consuming fear Mugabe himself will not consider resigning unless three conditions are met. Firstly, a broad consensus will have to emerge within the ZANU (PF) leadership regarding a successor to take over from Mugabe as leader of the party. The party is seriously divided on this issue at present and Mugabe knows that if he goes prematurely it could lead to serious internecine strife. Secondly, Mugabe would have to be satisfied that that proposed successor would not sell him down the river ala President Mwanawasa’s treatment of former President Chiluba in neighbouring Zambia this year. One of Mugabe’s greatest nightmares is the prospect of him being offered up as a sacrificial lamb to appease the international community after losing power. Thirdly, Mugabe would have to be satisfied that this chosen successor is able to win a national Presidential election, in other words that this person would be able to command support nationwide from, at the very least, rank and file ZANU (PF) members.

Mugabe’s dilemma is that there is no suitable candidate who meets all three of the criteria. There certainly is no consensus within the ZANU (PF) leadership regarding a successor. Unless ZANU (PF) has played its cards close to its chest well there does not appear to be any resolution to this problem in sight unless General Zvinavashe is viewed as a compromise candidate between the Mnangagwa and Mujuru factions. Zvinavashe and Mnangagwa would be the only candidates that Mugabe would trust not to betray him but both do not command national support. A further complication is that both are also on the UN sanctions list as a result of their nefarious activities in the Congo and as a result would not be able to secure international support and recognition easily, which is vital if the economy is to be turned around. Former Finance Minister Makoni is probably the only leader who would get national and international support but Mugabe would never trust Makoni to keep him out of jail. Until a leader does emerge who satisfies these criteria Mugabe will not budge.

The facts are obvious. The Mugabe regime has paid lip service to negotiations and has no real intention of seeing them through to their logical conclusion. All the regime has done in the last few months is buy time whilst simultaneously tightening its grip on power. In this context it is appalling that some in the international community are seeking to relieve, rather than increase, pressure against the regime.

International pressure against the regime should be increased in the following ways:

  1. Existing targeted sanctions against those leaders of the regime responsible for gross human rights abuses and corruption should be maintained, strengthened and broadened. It should be stressed that the MDC is not calling for the imposition of general economic sanctions, and has never done so. It is only the regime’s propaganda machine that has put out the lie that the MDC has called for economic sanctions.
  2. Those States still giving moral support to the regime should be engaged on a bilateral basis and encouraged to speak out against the human rights abuses taking place in Zimbabwe. In particular world leaders should no longer accept the glib assurances that all is well (which fly in the face of the harsh factual reality of Zimbabwe) made by those who have undertaken to resolve the crisis on behalf of the international community.
  3. The Mugabe regime has effectively stemmed the flow of information out of the country by banning foreign journalists and independent local newspapers such as the Daily News. President Obasanjo said on the 17th November that one of the purposes of his visit to Zimbabwe was to find out for himself what was happening in the country. Whilst his efforts are greatly appreciated there is no way he could accurately assess what is going on in the country in a whistle stop visit to Harare lasting only a few hours. What is needed is for an eminent persons group to come to Zimbabwe for at least a week. That group will need to travel the country and must have an opportunity to speak to rank and file Zimbabweans, the opposition and civil society groups.
  4. The international community should take every opportunity to invite opposition politicians, civic leaders and human rights activists to international fora and other meetings to give them an opportunity to explain to the world just what is happening in Zimbabwe. Once the full enormity of what is going on in Zimbabwe is appreciated internationally more will be motivated to do something constructive to resolve the crisis.
  5. Greater attention should be paid to those who being subjected to massive human rights abuses in Zimbabwe. In particular greater international attention should be paid to the plight of people like Morgan Tsvangirai and many other lesser known MDC and civil society activists facing spurious, trumped up charges some of which potentially carry the death penalty.
  6. Efforts must be made to raise the Zimbabwean crisis in the United Nations General Assembly. In particular consideration should be given to the application of the Report of the International Commission on Intervention and State Sovereignty given the Mugabe regime’s abuse of WFP food aid and the use of food as a political weapon against the Zimbabwean populace. The situation in Zimbabwe cries out for a visit by Secretary General Kofi Annan.
  7. International resources should be secured to support civil society groups and human rights NGOs that have been assisting victims of the Mugabe regime and are engaged in non violent democratic opposition to the regime. Likewise resources should be obtained to ensure that a free and fair electoral environment is obtained, for it is only through free and fair elections that legitimacy and stability can be restored to Zimbabwe.

When Presidents Mbeki and Bush held a joint press conference in Pretoria in July they both acknowledged that the Zimbabwean crisis demanded urgent attention. Tragically another four months have been allowed to slip by and if anything the crisis has grown. Zimbabwe has the fastest declining economy in the world. It is experiencing hyper-inflation with rates well over 500% and sharply rising. Three million Zimbabweans have sought refuge in neighbouring States and elsewhere in the last few years. The numbers of refugees pouring out of the country grow daily and are now impacting fledgling, fragile democracies in the region. Aids infection rates are amongst the highest in the world with over one in four people infected. The health system is collapsing as are other social services. Over five million Zimbabweans face starvation in the coming months and there is no short term relief in sight because of the regime’s chaotic land and economic policies which will ensure that even if there are good rains this coming rainy season insufficient food will be grown. Life has, in short, become intolerable for the vast majority of Zimbabweans.

The pro-democracy opposition has been accused by some of not being ready to govern. It has been accused of lacking unity and vision. It has been accused of not having a concrete "way forward" out of this crisis once new elections are finally held. It is also accused by its detractors of being a stooge of the West and whites. This criticism and propaganda ignores the factual reality. The MDC, despite operating in one of the most draconian political environments in the world, has almost half the elected seats in Parliament and this year commenced governing 11 of 12 local governments in the country’s largest cities. Despite the arrest, torture and detention of virtually every single member of its National Executive and Parliamentary caucus the unity and determination to govern of the MDC has never been stronger. The MDC has spent the whole of 2003 re-crafting its policies to cater for the rapidly changing economic environment caused by the Mugabe regime’s disastrous policies and these will be presented to the MDC’s membership at a convention in December for ratification. The draft policy document approved at a recent National Executive meeting is impressive.

The opposition has fought a principled non violent campaign to gain power peacefully and constitutionally but its options have been systematically terminated by the regime. These actions of this tyrannical regime will only strengthen the hand of hawks and reduce the chances of a peaceful resolution to the crisis. If Zimbabwe implodes there will be devastating consequences for the region as a whole and much of the fine work done by African democrats such as President Mbeki will be undone. As difficult as it is for President Mbeki and other influential democratic leaders to deal with a tyrant in their midst the time is now for them to vocalize the principled African Renaissance leadership that all in SADC expect of them.

Time is rapidly running out for Zimbabwe and the international community must act urgently and decisively to avoid a major humanitarian catastrophe.

David Coltart MP

Bulawayo

18th November 2003

 

David Coltart has been a human rights lawyer in Bulawayo for the last 20 years. In 2000 he was elected to Parliament in the Bulawayo South Constituency. He stood against a former ZANU (PF) cabinet minister and won with an 84% majority. He is presently the MDC Shadow Minister of Justice and Constitutional Affairs.

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ABC Australia

Last Update: Thursday, November 27, 2003. 2:15pm (AEDT)
Howard warns against readmitting Zimbabwe to C'wealth
Prime Minister John Howard has warned that readmitting Zimbabwe to the
Commonwealth would set a dangerous precedent for other errant states.

Zimbabwe was suspended from the Commonwealth in March 2002.

The issue will be considered by the Commonwealth Heads of Government Meeting
in Nigeria next month and some African countries have been lobbying for
Zimbabwe to be readmitted.

Mr Howard has reiterated Australia's strong opposition to the country's
readmission, arguing that conditions under the Mugabe Government have
continued to worsen.

"Readmitting Zimbabwe without concrete progress towards meeting the
Commonwealth's benchmarks will not only undermine the organisation's
credibility, it is also plainly unfair to those countries that have taken
the necessary steps to live up to commonwealth values," he said.

Mr Howard will attend the meeting in Nigeria and he says the issue will be a
significant test of the Commonwealth's relevance and credibility.
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JUSTICE FOR AGRICULTURE

COMMUNIQUES - November 26, 2003

Email: justice@telco.co.zw; justiceforagriculture@zol.co.zw
Internet: www.justiceforagriculture.com

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1.  JAG Announcement
2.  JAG Life Skills Communique

1.  JAG Announcement:

URGENT AND IMPORTANT MEETING FOR ALL AGRICULTURAL TITLE DEED HOLDERS IN
ZIMBABWE

JAG invites all agricultural title deed holders to a meeting at Art Farm at
9:00am for 9:30am start on Friday 28 November 2003.

AGENDA:
1. Prayer
2. Commercial agriculture and its future in Zimbabwe - D Conolly
3. Compensation/restitution - reality or a pipe dream? - J Worsley-Worswick
4. Documentation of losses - getting the job done! - W Hart
5. Steps on the road of legal challenge - B Freeth
6. Questions and answers - N.B. Mr Louis Bennett and Mr Dave Drury from the
legal fraternity and Mr Graham Mullett Chairman of the Valuators Consortium
will be there to assist, together with the JAG Team, in answering your
questions.

TARGET GROUP:
· All past and present commercial farmers holding legal title to
agricultural land in Zimbabwe.
· All past and present lessees who have or have had lease agreements
pertaining to legally titled agricultural land in Zimbabwe.
· All title holders on property presently falling under Amendment No. 2 to
the Land Acquisition Act dated 25 October 2002 i.e. land that is in excess
of 2 hectares and has been under agricultural use in the past 50 years.
· Farm managers past and present related to or affected by the above.

PLAY YOUR PART IN CHISELLING OUR FUTURE OUT OF OUR LAND.

REFRESHMENTS WILL BE SERVED.

SEE YOU THERE!

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2.  JAG Life Skills

The Business Link has been approached by ZAWT to develop a new programme
for older farmers who have lost the desire to get out of bed in the
morning. Our new programme will be called 'Life After Retirement as Farmers
(LARF)'.

Purpose
Build confidence and open peoples' minds to the opportunities that exist
despite their age and circumstances.

What will the outcome be:
Confident people well on the way to leading balanced productive lives.

The programme will consist of:
1. A 3-day workshop
2. Five 1-day follow-up meetings.

We need your help.

We are led to believe that many of the people who need help are depressed.
Our experience is that depressed people have no energy or desire to make
decisions.  With that in mind we believe that the only way that we will get
them to an introductory workshop is if a friend brings them.  If you know
anyone who fits this profile, please do them a favour and bring them along
to the free 2 hour Introductory workshop on January 23.
Please contact
Lorna Pearson or Stan Parsons for details and registration.

lorna@businesslink.co.zw 04/ 494 283 091 305 301
stan@businesslink.co.zw 04/ 495532

SD Parsons
PO Box CH 967
Chisipite
Zimbabwe
Phone 263 4 495532
Fax 263 4 494283
Cell 263 91 23 1724

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JAG OPEN LETTER FORUM
Email: justice@telco.co.zw; justiceforagriculture@zol.co.zw
Internet: www.justiceforagriculture.com

Please send any material for publication in the Open Letter Forum to
justice@telco.co.zw with "For Open Letter Forum" in the subject line.

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Letter 1: Who stole the land?

Whites have been deeply disturbed and nauseated by the argument that they
stole the land in Zimbabwe under the sponsorship of the British: an
argument that has been bandied about in justification of the dispossession
of whites' farms by Mugabe and his cronies. Whatever the issues and the
injustice, for the dispossessed to now also pick up on ZANU(PF)'s argument
that the British after all did steal the land and therefore have an
obligation to compensate them, smacks of an expediency arising from the
understandable desire for compensation. The trouble, firstly, is that it
ignores and thereby weakens the credibility of the conviction that the
issue in Zimbabwe is not primarily about land; and secondly the question of
who stole the land is a minefield whenever and wherever it is raised.

Look at the Matabele. It might be said that the people of Matabeleland have
been punished in the Gukuruhundi for taking the land in the first half of
the nineteenth century, but that would not hold up because the Gukuruhundi
was really about beating down the opposition when the ruling party felt
threatened, just as is the case today. Furthermore, who has a right to
judge another ethnic group's perceived misdemeanors? There is no basis
whatsoever to believe that any present-day ethnic group in Zimbabwe was
placed there on the day of Creation, so when ZANU(PF) claims that one group
stole the land from another, they do so because their days are numbered and
they perceive others as being a threat to their grip on power.  To ask who
stole the land is an absurd question because nobody can claim innocence.
Nobody can justifiably claim the high ground simply because they were
around before the others, and the memory of similar misdemeanours that they
committed against some long forgotten people has been blurred in the mists
of time.

It's historically naive to pursue the argument. The British would
understand this as well as anybody. The displacement of Celts during the
Dark Ages, not just from most of England but the whole of Western Europe,
was a process so complete that culturally all that remains of their once
widespread presence is a scattering of river and hill names in all but
their final refuges in the westernmost extremities of Europe. Nobody
compensated them, and in England nobody compensated the Saxons who had
displaced the Celts, when they in turn where dispossessed by the Normans.
And who was around before the Celts?

It is also politically naive to believe that the British would swallow the
argument that they stole the land. The fact is that they do not have to,
and won't, compensate Zimbabwean commercial farmers on that basis. They don
't have to, because who is going to force them; and they won't, because to
do so would open a Pandora's box all over what was once the British Empire.
Remember, politics is the art of the possible.

This is not to say that there is no justification for pursuing compensation
from the British Government, but don't use arguments that are doomed to
failure. Better to start with the simple fact, without reference to theft,
that the presence of whites in Zimbabwe today is a result of British
imperialism yesterday.

S.R. Pratt - 16th November 2003

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Letter 2: War Veteran
Dear Jag,

I have found a war veteran to stay with here in Victoria, Australia. The
war veterans are a little different here. This one crops about 1500 acres
of wheat, barley and canola or beans on his own account. He and his nephew
have just bought a 'block' of land to expand next season - note: bought
and based on Title. The currency here is getting stronger against the US $.
In the little town here there is a nurse that was kindly trained by
Zimbabwe - they are short of nurses here generally.

Further south in the state of South Australia I met two farmers who were
kindly trained by Zimbabwe at Gwebi. They both work on a farm there and it
seems that their skills are in demand around the country as a whole. Both
used to run their own highly productive farms in Mashonaland Central but
were evicted last year. I have also seen a documentary on a skilled (black)
horticulturalist from Zimbabwe who got tired of events there and has put
his skills to good use here.

In Adelaide I met a lady whose grandfather devoted his life to teaching
schoolboys at a school on the Botswana border in the first half of the last
century. Her father devoted his life to teaching and developing black
children, and names like Ushewokunze, Dabengwa and Nkomo were part of his
life.

Today, Zimbabwe can only export one thing - its skills -seemingly the
fruits an export promotion, driven by war veterans and their sekuru. This
district is about to reap one of its best harvests ever, whilst the country
reaps the skills of about a century of endeavour in Zimbabwe - because a
group of people have chosen to "take it back to zero if necessary."

There could well be lesson to be learnt here. This war veteran went to
Vietnam in 1967 to fight AGAINST Communism. He is independent and free
thinking - having specialised in food production he is a valued member of
society. People here naturally "care much more than a rat's arse" for his
rights - human and property.

Back to zero?

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Letter 3:

Dear Debbie

So quick to the defensive and to turn the question on me!! Why so cynical
about other views least of all the one that will save your life?? And about
my name....... you might know me;)

Ok Debbie, you know what I think of the last letter you posted to me -
childish! You obviously didn't quite catch what was to be brought out of
what I said which was all things are possible WITH God; so please don't try
to undermine His authority and power cause you have absolutely no clue as
to what you are talking about, and I say this in all kindness of course!

Its too bad that you cannot participate in such a debate, why is that I
ask?

May God Bless you
Definitely amused!!

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All letters published on the open Letter Forum are the views and opinions
of the submitters, and do not represent the official viewpoint of Justice
for Agriculture.

--------------------------------------------------------------------------
Justice for Agriculture mailing list To subscribe/unsubscribe: Please write
to jag-list-admin@mango.zw

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The Herald

Air Zimbabwe to reintroduce charges in foreign currency

Business Reporter
NATIONAL airline Air Zimbabwe has been granted permission to reintroduce
charges in foreign currency on its regional and international flights.

Airzim chief executive Mr Rambai Chingwena confirmed during a post budget
breakfast meeting held last week, that they had received the requisite
permission from Government.

This would enable the airline to charge the same fares as other airlines in
the region.

The development was in line with renewed commitment from the Government to
ensure that parastatals operate viably.

In his budget statement, Finance and Economic Development Minister Dr
Herbert Murerwa said it was imperative that the national airline charges
economic fares on all routes since its viability was critical for its
operations, the promotion of tourism and national pride.

Dr Murerwa intimated that the Government was looking for a strategic partner
for the national airline.

"This should enable Air Zimbabwe to re-capitalise and enhance service and
market share in the region and beyond," he said.

The national airline has been battling against operational problems which
have seen it losing a number of key personnel over the past few months.

Airzim has lost about seven pilots since last year. Most of them have since
joined overseas airlines where working conditions are perceived to be better
than those in this country.

The Government was also looking at the viability of other parastatals which
include the National Railways of Zimbabwe, Grain Marketing Board, the
National Oil Company of Zimbabwe, Wankie and Zisco.

The Government in September made an undertaking to assist Zisco with the $2
billion which it owes Wankie Colliery mine, as part of its efforts to ensure
the latter’s viability.

This was the second time that the Government had come to the rescue of
Zisco, which was allocated $5,7 billion by the Ministry of Industry and
International Trade early this year.

The $2 billion is part of an estimated $30 billion that the steelmaker owes
to various creditors.

Zisco, which needs up to US$250 million for recapitalisation, owes trade
creditors $4,6 billion, Buchwa Iron Mining Company $500 million, Wankie $2
billion, NRZ $1 billion, Zesa $500 million, payroll creditors $600 million
and banks $6,2 billion among others.

The decision by Government to pay the $2 billion follows recommendations
made by a taskforce set up to look at the inter-parastatal debt within
Wankie, Zisco and the NRZ.

The impact of parastatal borrowings over the years has become unsustainable
with the total debt amounting to more than $150 billion.
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Independent (UK)

Mining group hid links with Zimbabwe army, court told
By Terry Kirby, Chief Reporter
27 November 2003

A mining company concealed the involvement of the Zimbabwean government in
an operation to mine diamonds in the war-torn Democratic Republic of Congo,
the High Court was told yesterday.

The Independent went to court to force Oryx Natural Resources to disclose
crucial documentation, which Desmond Browne QC, for the newspaper, claimed
would show the mining firm was involved in an act of "commercial piracy".

Oryx, named in a report by a United Nations expert panel last year as acting
as a front for the Zimbabwean army's substantial interest in the mine, has
brought an action for libel against The Independent over an article
published last November following the UN report.

At the start of the two-day hearing, Mr Browne told Mr Justice Eady: "The
whole venture was clothed in public deceit. The Zimbabwean government was
party to an attempt to conceal an act of commercial piracy and Oryx were a
willing partner to that concealment." The potential profits could be seen
from Oryx's claim that the mine could eventually provide 10 per cent of the
world's diamonds.

Mr Browne said that in 1998, the Congolese government offered the Zimbabwean
defence forces (ZDF) the mining concession in return for help during its
civil war. The ZDF approached Oryx, which set up a joint venture called Oryx
Zimcon with a ZDF company called Osleg, of which the ZDF commander, General
Vitalis Zviniavashe, and the country's Defence Secretary, Job Whabira, were
directors. Mr Browne said that although Oryx sought to represent Osleg as a
joint Congolese-Zimbabwean company, it was "exclusively an emanation of the
ZDF" and that Oryx.Zimcon was "a deniable entity".

However, plans for Oryx to float on London's financial markets in May 2000
were abandoned after City regulators warned of the "utter unacceptability of
a London listing for a company involved with the Zimbabwean military in the
exploitation of diamonds in a conflict zone", he told the court.

Mr Browne said an attempt was made to conceal the ZDF involvement and, at
meetings later that year, Osleg's shares in the mining company, Sengamines,
were transferred to Oryx to act in its place. Despite this, Oryx appointed
General Zvinivashe and a ZDF brigadier as directors of Sengamines. Over the
next two years, both men attended company meetings, a situation which Mr
Browne described as "bizarre".

Oryx said their involvement with the ZDF ended in December 2000, said Mr
Browne, but in May 2002 General Zviniavashe spoke at a meeting of the
Congolese and Zimbabwean governments of an "equitable redistribution of
Sengamines shares between the two countries". It was inconceivable, said Mr
Browne, for Oryx to claim that documents relating to these meetings, such as
share transfers, registers and minutes, could not be produced. Statements
supplied by the company's in-house solicitor were misleading and selective,
but even he concluded their absence was "unsatisfactory and inconclusive",
said Mr Browne.

Mr Browne argued that the level of documentary evidence would be
insufficient to satisfy high-profile investors such as the former Emir of
Qatar, his adviser Dr Issa Al Kawari and the Libyan government, let alone
Oryx's auditors, PricewaterhouseCoopers.

Responding, Richard Rampton QC said that because the allegations were untrue
and the events had never happened, it was not surprising the relevant
documents could not be found. He said a number of documents had been
disclosed and "excitable and overheated" misreading had led the defendants
to jump to the wrong conclusions. "If we are the villains that has been
suggested, then these documents would have been buried or shredded a long
time ago," he said. Oryx has demanded that the newspaper's source material
be disclosed.

Last year Oryx received £500,000 from the BBC over an untrue allegation that
a shareholder was linked to al-Qai'da. The judge, also Mr Justice Eady,
awarded some costs against the company, criticising it for failing to fulfil
its legal obligations of disclosure.

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Business Day

SADC to meet over Mugabe's rejection

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Body wants to adopt a regional position over Zimbabwe's exclusion from next
Commonwealth summit
International Affairs Editor

AN EMERGENCY meeting of regional foreign ministers tomorrow in Maseru is
expected to reject an expected Zimbabwean attempt to persuade southern
African Commonwealth members to boycott the heads of government meeting in
Nigeria early next month.

The meeting of the Southern African Development Community has been called by
Lesotho to adopt a regional position on Nigerian President Olusegun
Obasanjo's decision not to invite Zimbabwe to the Commonwealth meeting.

While the expected decision could be seen as a rebuff to Mugabe, it would
have been a clear diplomatic snub if Lesotho had not called this meeting at
all and not sought SADC policy on the issue.

That a meeting is being called at all gives Zimbabwe the dignity of a
hearing.

It is widely regarded as likely that only Zimbabwe's staunchest ally,
Namibia, will support the Zimbabwean call for a boycott of the Commonwealth
meeting, but no other meetings.

Zimbabwe's ruling Zanu (PF) party said yesterday it expected some African
members of the 54nation Commonwealth to boycott the heads of government
meeting to protest against the decision not to invite Zimbabwe President
Robert Mugabe and show their solidarity with the leader.

One option for the SADC would be for the foreign ministers to support
Obasanjo on the basis that he has already consulted widely on the matter and
that Commonwealth protocol is not to invite countries that have been
suspended.

The SADC has a policy of not attending meetings with the European Union (EU)
or accepting development aid if Zimbabwe is excluded by the EU's smart
sanctions.

Last year, African parliamentarians walked out of a meeting with their
European counterparts after Zimbabwe was excluded, and an African-European
summit was put off because Mugabe was not allowed to attend by the
Europeans.

The meeting is being held in Maseru as Lesotho currently chairs the SADC's
Organ on Politics, Defence, Security and Co-operation.

New Zealand Prime Minister Helen Clark yesterday welcomed Nigeria's decision
not to invite Mugabe to the Commonwealth meeting. Clark said it would have
been "difficult" to have discussions about engaging Zimbabwe with the
Commonwealth had Mugabe been present at the heads of government meeting in
Abuja.

Zimbabwe was suspended from the ruling councils of the 54-nation
Commonwealth, made up of mainly former British colonies, in March last year
after Mugabe was re-elected in a poll which many international observers
said was marked by violence and ballot-rigging.

"Indeed, the outrage would be if he did turn up because suspension from the
councils of the Commonwealth has to mean something," Clark said.

"The suspension goes up until and including the summit and then the
Commonwealth leaders' meeting has to decide where from here not a
straightforward issue.

"I think that people will be looking for Mugabe to just engage with the
Commonwealth. What people find hard to understand is that Zimbabwe simply
will not engage with those who are trying to help it find a way back."

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Business Day

Dump militia, churches tell Harare

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A GROUP of churches under the Zimbabwe Churches banner has called on
President Robert Mugabe to disband the National Youth Training Service
militia accused of widespread politically motivated violence and
spearheading a terror campaign against the opposition.

The youths, referred to as the Green Bombers, have been blamed in reports by
human rights groups as responsible for the upsurge in politically motivated
murders, assaults, rapes, torture and other crimes, before and after
presidential and parliamentary elections.

The youths are being trained in what the government calls "military
discipline and patriotism". This is one of the few church stands against
human-rights abuses by the state and ruling party. In a hard-hitting
statement addressed to President Mugabe, the churces said they were appalled
by the crimes being perpe trated by the youth militia within and outside
their training centres, dotted around the country.

"As members of the Christian community and other concerned citizens of
Zimbabwe, who care for the moral, spiritual and physical wellbeing of the
youth of this nation, we wish to register our deep concern at the training
and deployment of youth militia, in what is referred to as the National
Youth Training Service Programme.

"We are appalled at the rape, and multiple rape, that is being perpertrated
by the Green Bombers and their military instructors both within and outside
the training camps," the church statement said.
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newzimbabwe.com
 

1000 held in forex blitz


MEMBERS of the VaPostori church sect who are prolific foreign currency dealers are being targetted in clean-up

By newzimbabwe.com staff
27/11/03
ZIMBABWE has arrested over 1000 people in a crusade against illegal foreign currency dealers which has yielded over $19 million, newzimbabwe.com has learnt.

The three week swoop, nicknamed Operation Upfumi/Inotho Yethu, follows the refusal by the authorities to deregulate the Zimbabwe dollar. Experts say the Zimbabwe dollar is grossly overvalued.

One US dollar costs Zim$847 dollars on the official exchange rate, but on the country's thriving black market the rate is 6000 to 1 while the UK Pound is 9200 to 1. So far the government has given no indication that it intends devaluing the currency.

Traders maintain that despite the police crackdown, black market trading will continue until the government addresses the issue. They want the exchange rate to be in line with inflation differentials.

The government announced in its budget last week that inflation was expected to go up to 700 percent by January which could further strain the Zimbabwe dollar.

Finance Minister Herbert Murerwa pledged that the government would tighten screws on exchange control regulations to stem foreign currency leaks particularly by exporting companies.

Announcing the 2004 budget, Murerwa spoke of a need to "account for and harness all foreign currency" due to the country.

"In order to stamp out foreign currency leakage within the country, appropriate changes will be effected to make exchange control regulations applicable to all locally registered companies operating in the Export Processing Zone Authority (EPZA)," Murerwa said.
Under the existing law, exporting firms are compelled to remit at least 50 percent of their foreign earnings and retain the remainder.

He said: "Some foreign currency leakage have evidently been through locally registered companies that have been granted EPZA status.

"The companies borrow Zimbabwe dollars and also raise foreign exchange from the domestic market, but retain 100 percent of their foreign currency earnings, as they are not subject to exchange statutes."

The unprecedented police clampdown in the major cities of Harare and Bulawayo coincided with the appointment of a new boss for the Reserve Bank. It threatens the lifestyle of the VaPostori church sects who are prolific dealers and have often been singularly accused of fuelling the black market.

Gideon Gono, the former chief executive of the Jewel Bank is now Reserve Bank governor and one of his key areas of focus is the illegal foreign currency market which has established a parallel financial market with inflated exchange rates in Zimbabwe.

Police and members of Zimbabwe's intelligence unit, the Central Intelligence Organisation, have set up roadblocks in all roads leading out of the second largest city of Bulawayo, strip-searching vehicles and confiscating any foreign currency or fuel they could find.

The police also seized illegal fuel dealers and seized thousands of litres of both petrol and diesel. Zimbabwe is in the grip of a crippling fuel shortage and the government has recently allowed private companies to import the commodity. It is however still an offence to trade in fuel without licence.

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kubatana.net

Herald attack on the Administrative Court contemptuous and unwarranted
Zimbabwe Lawyers for Human Rights (ZLHR)
November 25, 2003

The Herald newspaper of 25 November 2003 contained a headline titled "Judge
under probe- Majuru accused of making pre-determined judgements in ANZ, MIC
legal wrangle". The paper thereafter goes on to give a report that cast
serious aspersions about the professionalism of the President of the
Administrative Court Mr Majuru in his dealing with the case involving the
Associated Newspapers of Zimbabwe (ANZ) (publishers of the Daily News) and
the Media Information Commission (MIC) purportedly relying on an affidavit
of the MIC lawyer complaining of bias on the part of Mr Majuru. Zimbabwe
Lawyers for Human Rights (ZLHR) views the attack on the Administrative Court
and on Mr Majuru by the government controlled newspaper as contemptuous,
unwarranted and calculated to bring the administration of justice into
disrepute. It is also part of a wider, deliberate, systematic and sustained
general attack on the judiciary to manipulate it, reduce its independence
and weaken national institutions of protection that are vital for the
restoration of the rule of law and democracy. Mr Majuru is the latest victim
among members of the legal profession to suffer an attack merely for doing
his job as a judicial officer

Background information
The ANZ are publishers of the Daily News which is the only independent daily
news paper in Zimbabwe. The other daily newspapers in Zimbabwe are The
Herald and The Chronicle which are government owned and controlled and are
generally believed to churn out government propaganda. For some time the
Daily News has been the target of attack by the state or state organs.

On 11 September 2003 the Supreme Court of Zimbabwe made a ruling in the
matter involving ANZ and MIC. Based on the controversial doctrine of "dirty
hands" it refused to give ANZ audience on its constitutional challenge,
instead ordering that the ANZ first comply with the challenged law before
seeking judicial protection against it. This resulted in the ANZ failing to
enjoy its constitutional right to the due protection of the law.

On 13 September 2003 the police forcibly forced the ANZ to stop publishing
the Daily News and the Daily News on Sunday, its two publications.

On 15 September 2003 the ANZ submitted its application for registration as a
media house with the MIC in compliance with the Supreme Court ruling.

On 16 September 2003 the police forcibly closed the ANZ offices, stopped
management and workers entry into ANZ premises, occupied the ANZ premises
(including the news room), forcibly occupied the premises housing the
printing press and uplifted virtually all ANZ computer equipment to some
undisclosed location.

On 17 September 2003 in a very legally sound and brave judicial decision a
High Court judge Justice Omerjee ruled that the police conduct of forcibly
occupying the premises of ANZ and seizing their equipment without a Court
order was illegal and that there was nothing at law to prevent the ANZ from
publishing the Daily News. The police were ordered to return the seized
equipment and not to interfere with the ANZ. In particular Justice Omerjee
ruled that the police " have no legal right to prevent the applicant or its
employees from gaining access to the premises of the applicant and carrying
on the business of publishing a newspaper."

The MIC appealed against this decision to the Supreme Court in a determined
effort to prevent the Daily News from being published.

On 19 September 2003 the MIC predictably refused to grant ANZ a licence to
operate as a media house. The ANZ took this decision on review to the
Administrative Court. This is where Mr Majuru who is the President of the
Administrative Court first entered the scene.

On 24 October 2003 Mr Majuru made a ruling setting aside the decision of the
MIC on three grounds namely that, the MIC was improperly constituted and
could not in its current composition issue out any valid licences or
decisions, the MIC had acted outside its powers when it turned down the ANZ
application, and that the MIC was biased especially through its Chairman
against the ANZ.

Mr Majuru also made a ruling that as far as the court was concerned ANZ had
to be issued with a certificate of registration. The operative part of the
judgement reads " Given the finding of bias that we have made, the
unjustifiable delays that might be occasioned to the Applicant by a
re-determination, and the fact that we are in as good a position to make the
decision ourselves, we order that the Appellant be issued with a certificate
of registration by the Respondent"

Mr Majuru’s judgement was brave and well reasoned and contrary to some
superior courts judgements, showed a marked degree of judicial activism in
protecting the bill of rights and universally recognised human rights and
fundamental freedoms.

ZLHR’s Observations
The position of the Administrative Court has therefore been always very
clear in terms of the judgement quoted above. The suggestions that Mr Majuru
has now suddenly prejudged the matter through an informal, incidental and
fortuitous communication to a stranger asking for help in a street, is
mischievous and calculated to damage the reputation of the Mr Majuru in both
his personal and professional capacity. ZLHR is aware that the over riding
motive is however that of maintaining and prolonging the closure of the
Daily News and sustaining the institutional attack on the right to freedom
of expression hook or crook. This has been achieved since Mr Majuru has been
left with no alternative but to recuse himself from the matter. The recusal
of Mr Majuru from the matter prolongs the matter and places the next
president to deal with the matter under undue pressure. In fact the attack
on Mr Majuru is a deliberate reminder to the judiciary by those forces
within the state that do not believe in the rule of law, that they are at
risk if they make rulings that are seen to be against the state or the
ruling party. ZLHR is not surprised that given this operating environment a
record number of judges of the Supreme Court and High Court have resigned
since 2000. The pattern of events listed above on the ANZ case shows that
the state is determined to ‘use the law’ to subvert justice and ensure that
the Daily News does not get published again. It is extremely regrettable
that the Supreme Court (which in any democracy should be the defender of
justice, civil liberties and fundamental freedoms) is constantly referred to
as the reason why the state continues to act in the manner that it does in
preventing the people of Zimbabwe from enjoying their right to freedom of
expression. If the MIC lawyer had been genuinely concerned at the conduct of
Mr Majuru, his remedy will not have been to rush to the press, but to make
an application for the president to recuse himself. He did not.

Recommendations
ZLHR draws the government’s attention to the following instruments that
clearly spell out its obligations and responsibilities towards ensuring that
the Judiciary remains free from political or other interference: United
Nations Basic Principles on the Independence of the Judiciary (1985),
Article 1, which states:

"The independence of the judiciary shall be guaranteed by the state and
enshrined in the Constitution or the law of the country. It is the duty of
governmental or other institutions to respect and observe the independence
of the judiciary." United Nations Basic Principles on the Role of Lawyers
(1990), Principle 17 which, states: "Where the security of lawyers is
threatened as a result of discharging their function they shall be
adequately safeguarded by the authorities" The Constitution of Zimbabwe,
Section 79B, which states: "In the exercise of judicial authority a member
of the judiciary shall not be subject the direction or control of any person
or authority…"

ZLHR also draws the government’s attention to the report of the Special
Rapporteur on the independence of the judges and lawyers, Dato’ Param
Cumaraswammy, submitted to the United Nations Human Rights Commission dated
10 January 2003 which has a recommendation as follows:

" With regard to Zimbabwe, the Special Rapporteur once again urges the
Commission to consider and address appropriately its concerns about the
deterioration in that country, inter alia with regard to the independence of
the judiciary and its impact on the rule of law."

ZLHR further draws the government’s attention to the recommendations of the
African NGOs Forum at the African Commission’s 33rd session in Niger which
read in part that:

" The participants at the NGO Forum urge the African Commission on Human and
Peoples Rights to recommend that the government of Zimbabwe; take all
necessary measures to ensure protection of lawyers, public prosecutors,
magistrates, judges and to respect the independence of the judiciary."

ZLHR reiterates its grave concern at the upsurge in threats, harassment and
intimidation of prosecutors, lawyers, magistrates and judges, particularly
those handling human rights-related cases, and calls upon the government to
comply with its obligations and responsibilities to guarantee the
independence of the Judiciary and to ensure that adequate protection is
offered to members of the legal fraternity in the exercise of their judicial
functions. In particular all reports of subtle or direct threats,
intimidation and harassment of the judges, magistrates, lawyers and public
prosecutors must be promptly investigated and perpetrators prosecuted.

Arnold Tsunga
Director
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