The ZIMBABWE Situation Our thoughts and prayers are with Zimbabwe
- may peace, truth and justice prevail.

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From Africa Confidential (UK), 7 November

No chance, Mr President

Party officials and military commanders are ignoring President Mugabe's
orders to surrender their farms

Several government ministers and senior military officers accused of
grabbing farms are refusing to hand them back to the state, according to a
new report on land reform ordered by President Robert Mugabe. Information
Minister Jonathan Moyo, Local Government Minister Ignatius Chombo and 13
other ministers have secured several farms in violation of the government's
'one man, one farm' rule, the report says. Details of ministers' and
officers' holdings are contained in a confidential annexe to the main
report, which has been discussed in cabinet. Mugabe asked former Secretary
to the Government Charles Utete to investigate the findings of an earlier
land audit by the Minister of State in Deputy President Joseph Msika's
office, Flora Buka. This had found major abuses of the land resettlement
programme by senior officials. Buka's audit reported that some of the worst
violations of the land reform policy were perpetrated by Mugabe's closest
political allies, such as Air Vice-Marshall Perence Shiri, Minister Moyo,
and Mugabe's sister, Sabina Mugabe.

The Utete report, which was given a stronger investigative team then Buka's,
found that 178 Zimbabweans. Drawn predominantly from the political and
military elite, had broken the terms of the land resettlement programme;
Buka found just 41 wrongdoers. Some named have suggested that Buka's report
was a conspiracy by allies of presidential aspirant and Speaker of
Parliament Emmerson Mnangagwa to weaken his rivals, such as Defence Minister
Sidney Sekeramayi. Although Mnangagwa is one of Zimbabwe's wealthiest
politicians, none of the land investigations has criticised his operations.
Buka's list of those violating the one man, one farm' rule included:
Sekeremayi; Provincial Governors Eliot Manyika, Peter Chanetsa Josiah
Hungwe; newspaper publishers Ibbo Mandaza and Mutumwa Mawere; and Barclays
Bank Chief Executive Alex Jongwe.

Only a few of those Buka named appear to have obeyed Mugabe's order in July
that they should keep just on of the farms they have been allocated and
return the rest to the state. Moyo announced that he had withdrawn claims to
an additional farm on 4 August. He is currently registered as the owner of
one farm and his mother is registered as the new owner of another. About
24,000 acres of farmland (about 10,000 hectares) had been handed back, but
the worst cases of land grabbing remain. The Zimbabwe National Army
commander, General Constantine Chiwenga, and Air Force commander Shiri are
also reported to have returned some of their allocated farms to the state.
Yet Africa Confidential has learned that no further action is to be taken
against Shiri, a business and political ally of Mugabe's who was identified
as owning at least three farms: one was the 3,600-acre Eirin Farm in
Marondera, over three times the maximum size allowed. Shiri was described in
Buka's audit as trying to evict from Eirin 96 landless families wo had been
allocated the farm under the government's resettlement scheme.

Although the bulk of Utete's report has now been made public, the annexe
listing 178 high-ranking Zimbabweans violating the rules on land
resettlement is being kept secret. On the first drafts of the full report
circulated to cabinet, there is a note on page 97 referring to a secret
annexe which would be mad available separately. To date, only a handful of
people have been able to see and make copies of the annexe, presumably to
limit political embarrassment. The list includes Peter Chanetsa, Governor of
Mashonaland West (Mugabe's home province), whose household is reported to
own nine farms - one each for him and his wife, and one for each of their
seven children. One of the nine farms was handed over last month to the
newly elected member of parliament for Makonde, Kindness Paradza. Mugabe
appoints all provincial governors. Chanetsa was the government's chief of
protocol for the first decade of Mugabe's rule. Governors chair the
provincial land committee, which is mandated to allocate land under the
resettlement programme. The Utete committee reported a turf war in
Mashonaland West. There Minister of Lands Joseph Made, Governor Chanetsa,
and the provincial party chairman, Phillip Chiyangwa, are quarrelling over
the right to allocate land. In Matabeleland, Governor Obert Mpofu is
reported to have three farms amounting to 75,000 acres.

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SOKWANELE

                   Enough is Enough

 

PROMOTING NON-VIOLENT PRINCIPLES TO ACHIEVE DEMOCRACY

We have a fundamental right to freedom of expression!

 

Zimbabwe Authorities Resort to Desperate Measures In the Battle For Foreign Currency

 

Bulawayo

6 November, 2003

 

The Zimbabwe Republic Police (ZRP) set up road blocks today on all the major arteries into the city of Bulawayo.  This in itself is not unusual, but the events that took place on the Botswana road are a clear indication that the illegitimate ZanuPF regime is having to resort to desperate measures to procure prized foreign currency. 

 

The roadblock on the main road to the Botswana border saw the police accompanied by Central Intelligence Organisation plain clothes policemen and riot police.  The police were strip searching vehicles and confiscating any foreign currency they could find. 

 

The law in Zimbabwe states that it is legal to carry up to US$250 without it being acquired through a bank or stamped in a passport.  Yet, the police were having a free-for-all, confiscating all amounts being carried by hapless motorists. 

 

One couple en route to a business meeting in Botswana had US$900 stamped in their passports.  When their cash was seized illegally they objected, stating as their funds were obtained through legal methods the police action was tantamount to theft.  The police officer in charge then warned them not to be so emotional!  Another Bulawayo resident had Z$10 000 000 worth of Botswana pula taken, a knock that few can take in the current economic climate. 

 

Several South African tourists were also stopped and only after being thoroughly interrogated and producing proof of their status were they released.  An American diplomat also bore the brunt of police harassment, but he too was released after contacting his lawyers.

 

The Zimbabwean travelers were made to wait until groups of ten victims were in place, and then were accompanied to Donnington Police Station, close to the roadblock.  There they were told they would receive receipts for the confiscated currency, but the station had no receipt books so they were sent off to Hillside police station.  Once there, they learnt that Hillside also has no receipt books! 

 

Eventually the police took bank details for all the affected “criminals” who were informed that the Zimbabwe Revenue Authority would reimburse them in Zimbabwe dollars at the current bank rate if they could prove the funds were obtained legally.  The current bank rate for US$ is Z$840, the black market rate is running at Z$6000. They were given no time frame in which their cases would be seen to.  It must be pointed out that Zimbabwe’s banks are virtually unable to sell clients foreign currency, the only means to getting funds is on the black market.

 

Reports have also come in the women of the Apostolic Church, known to be regular traders in foreign currency, have been arrested by the truck load over the past two days. 

 

 

Ends

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Business Report

      Corruption, wildlife don't mix in Africa, study finds
      November 7, 2003

      By AFP

      Paris - African countries with the worst corruption are the least
successful at protecting endangered species, a study says, adding that
wildlife groups must be made aware of the peril of graft before they throw
themselves into conservation schemes.

      British conservation researchers compared the population of elephants
and black rhinos in 21 sub-Saharan African countries with those nations'
place in a corruption league established by the watchdog organisation
Transparency International.

      Countries that had the worst score on the Corruption Perception Index
witnessed the biggest falls in those species' numbers between 1987 and 1994,
they said.

      Prominent on the researchers' list is Zambia, which scored just 2.65
on the index (10 is the highest) and which had a fall of 44.4 percent in
elephant numbers and 79.3 percent in the population of black rhinos.

      Zimbabwe, with a index of 3.71, saw a plunge in its elephant
population of 42.5 percent and of 78.5 percent among the rhinos. In Tanzania
(index 3.19), the falls were 45.8 percent and 52 percent, respectively.

      The countries with the most abysmal records are Angola, the Democratic
Republic of Congo, Ethiopia, Somalia and Sudan, all of which had an index of
2.85 or less but have been affected by foreign or civil strife.

      Lead researcher Bob Smith of the University of Kent said war hit
conservation efforts because of population displacement, habitat loss and
the lure of wild animals to provide food or money for hungry and poor
people.

      Even so, corruption was an even bigger factor than poverty or
population growth for inflicting biodiversity loss, he said.

      Graft means poachers can pay off poorly paid gamekeepers and
officials, and conservation policy, even if it is transcribed into law, is
often scorned in countries where the real influence is wielded by the
military.

      Overall, the more a country's corruption index rises, the more rare
species it loses.

      "Our study is the first to show that there is a predictable
relationship," Smith said.

      "Conservation policies are not being tailored to the corruption
situation in the particular country."

      Conservation agencies had never addressed how their efforts were
weakened by corruption, he said. Indeed, the bans on trade in ivory and
rhino horn might have helped speed the massacre of these animals, he
suggested.

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JUSTICE FOR AGRICULTURE
COMMUNIQUES - November 6, 2003

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

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MEMBERSHIP COMMUNIQUE

JAG MEMBERSHIP

JAG has now been constituted for 12 months and requires new annual
membership fees to continue.  Most work at JAG continues to be done on a
voluntary basis.  We ask you to support this work which nobody else is
doing regarding justice, accountability, restitution/compensation and a
vision for the future of agriculture which we implicitly believe in.

We are asking for $100,000 per member/annum for the period 1st September
2003 - 31st August 2004.

SUPPORT YOUR FUTURE!!

All membership fees and donations will be gratefully received.

WHAT CAN JAG DO FOR YOU?

· JAG is a farmer led, farmer run registered Trust.  It is run by committed
individuals who believe that there is a future for commercial agriculture
in Zimbabwe and want you to be part of it.  JAG is a non-partisan group
that believes in standing against what is wrong in Zimbabwe and uniting
around what is right.

· JAG believes that the past has to be sorted out in order for the future
to be made secure.  Sorting out the past includes:

v Documenting the truth of the injustices and human rights abuses that have
taken place in the agricultural sector through the JAG Loss Claim Documents
and the JAG accountability databases.
v Taking those injustices through the courts through the Quinnell case, the
JAG Social Justice/Rule of Law case and other cases that become opportune
both locally and internationally.
v Holding the perpetrators accountable for these injustices through the
courts and at a future Truth and Justice Commission.
v Seeking compensation and restitution to open up your options through the
courts and reserving your legal rights to those options in the future.

· Sorting out the future involves: putting together a Vision document for
agriculture in Zimbabwe along with civic society and future policy makers.
v Working with the CRISIS Coalition to bring a Truth and Justice Commission
together for a new Zimbabwe.
v Putting together a full independent land audit so that everybody knows
what has to be sorted out.
v Creating openness and transparency within our society.
v Getting finance activated for rebuilding our farms and the agricultural
sector.

· JAG offers members:
v An open door policy for you to get advice and support.
v As much legal assistance as we can give you.
v 25 facilitators to assist you with Loss Claim documents for getting
restitution/compensation.
v All the financial benefits that will accrue from the court cases we are
running.
v Notification of legal developments as they occur.
v The chance to openly express yourself on the Open Letters forum.
v Assistance for job opportunities.
v Free counselling for stress and trauma.
v Emergency financial assistance for critical situations.
v Assistance with food aid procurement for displaced workers or workers
still on your farms.
v Unity with civic society and the CRISIS Coalition.
v Publicity of injustices as they take place
v The Kukurira Orphan Project for farm workers children.
v Inspirational talks countrywide to bring a plan, hope and a future.

WE ARE THERE FOR YOU!
MEMBERSHIP FORM - 1st September, 2003 to 31st August, 2004

Full Name: _____________________________________________________

Farm Name (as per Title Deed):
_____________________________________________________

District in which farm is
situated:______________________________________________

Province in which farm is situated:
_____________________________________________________

Contact Address: _____________________________________________________

Contact Phone Numbers:_____________________________________________

E-mail Address: ______________________________________________
I,___________________________________(name) hereby authorise The JAG Trust
to take any representative or class legal actions that the Trust deems fit,
to bring justice where injustices have been perpetrated in the Agricultural
Industry.
Signature:_________________________________

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LEGAL COMMUNIQUE

OFFER/ALLOCATION LETTERS

With the recent rash of offer/allocation letters arriving on farms in the
hands of so-called beneficiaries as part of Operation Clean Sweep, JAG has
recently sought a legal opinion re these letters.  These letters have been
illegally issued by the Minister of Agriculture who has no authority in
this regard as an allocation board under the Land Acquisition Act should
have been legally constituted to deal with not only allocation but vetting
of beneficiaries and properties acquired.  Very few properties have been
legally acquired with the acquisition confirmed by a competent court.
These letters are being issued with no regard to the due process of
acquisition i.e. Section 5, 8 or 7 relating to the property in question at
the time.  In many cases these letters are being issued for properties
under neither Section 5 notice nor Section 8 orders; also on properties
down sized under the LA3 process; also on properties with High Court set
asides or suspensions of Section 8 orders; or Admin Court withdrawals of
such.

It is important that farmers faced with these offer/allocation letters are
very conversant with the law and their legal rights that are being
infringed, in order to effectively challenge these individuals from the
outset.

It is with this in mind that JAG consulted with Dave Drury of Gollop and
Blank and requested from him a legal opinion relating to these
Offer/Allocation Letters.  Herewith Dave's reply which is very
comprehensive and revealing.  Farmers faced with individuals brandishing
these letters and demanding that the rightful legal owner should vacate his
property forthwith should contact JAG or their legal representative as a
matter of urgency.  Those farmers who, in good faith signed LA3 forms that
are yet to be formalised and have exceeded the 90 day period of their
Section 8 orders are particularly vulnerable in that they are perceived as
being outside the law and illegally in occupation of their properties.

Herewith with appreciation, Dave Drury's legal opinion:

Dear Sirs,

Re: Offer Letters

We refer to your telephone call to the writer and consequent attendance in
conference concerning the suggested approach to be taken by owners and
occupiers of land who are confronted by claimants asserting a right of
ownership or occupation to the land by virtue of offer letters issued by
the Minister of Lands, Agriculture and Rural Resettlement.

The Minister purports to offer land in terms of the Agricultural Land
Settlement Act Chapter 20: 01.  An examination of the Act will establish
that the Minister does not have the authority to consider applications for
land from applicants and to thereafter attend to the selection of the
applicants and then make offers to them unilaterally.

It has been conceded in an affidavit by the Permanent Secretary concerning
the matter of New Haven (Pvt) Ltd v Luke Chirasasa and The Minister of
Lands, Agriculture and Rural Resettlement in Case No. HC 6629/03 which is
pending a set down in the High Court that the Minister has not as yet
appointed an Agricultural Land Settlement Board.  I set out the legal
argument challenging the validity of the offer letters with specific
reference to Advocate A P De Bourbon SC's Heads of Argument filed of record
in that case.

"The establishment of the Board is mandated by section 3 of the Act and is
not a matter lying within the discretion of the Minister.

One of the obligations of the Board is to consider and report on all
applications for leases of holdings in terms of the Act.  See section
6L(a).  The board must select and recommend applicants for leases of
holdings in terms of the Act in terms of section 6L(b).

Section 9 prohibits the issue of a lease in respect of a holding of land
referred to in the Act until the application has been referred to the Board
for its consideration and report.  The Board must then consider the matter
set out in section 10.  (In every case a lease is not in fact issued or
drawn.  The claimant simply moves onto the farm and commences to use the
land for which no consideration is paid to the State.  This is naturally
inconsistent with sound fiscal principle and is not in accordance with
national economic interests).

The power of the Minister to issue a lease in terms of section 8 of the Act
is made subject to the provisions of the Act.  Therefore the Minister can
only act as mandated by the Agricultural Land Settlement Act.  He is
prohibited from dealing with the matter mero moto and must wait for the
Board to invite applications, consider them, select persons for leases, and
make the report.  None of this can happen when the Minister in breach of
the law has failed to appoint the Board."

"The Minister claims an entitlement to lease land arising from the Land
Acquisition Act.  There is no provision in terms of the Land Acquisition
Act which gives to the Minister the power to lease or otherwise deal with
land that has been acquired in terms of that Act.  The power of the
Minister to acquire land in terms of that Act is dependent upon the
acquisition procedure being done in terms of the law.

In failing to follow the procedures laid down in the Agricultural Land
Settlement Act the offer letters are therefore incompetent, invalid and of
no force or effect.  The purported letters of offer and the acceptance by
claimants in fact and law bring about no legal consequences because the law
does not permit the Minister to make the offer, and therefore the claimant
has nothing in law to accept".

An additional point which is not specifically raised by Senior Counsel in
regard to the Minister's contention is that there is a specific law dealing
with the consideration of land acquired by the State and concomitant
consideration of applicants intending to hold the land.  This is the Agricu
ltural Land Settlement Act which is specific to the invitation of
applications for land, the consideration of land, and the selection of
persons for leases and the making of reports.  The Land Acquisition Act
makes no provision as to this process.  Where there is a specific act
dealing with such issues the legislature clearly intends that the
provisions of the specific Act should be applied rather than any purported
generalised authority to do so in some other Act.  Accordingly, where the
Land Acquisition Act on the face of it and in general terms would appear to
provide the Minister with authority to allocate and demarcate land
consequent to a valid acquisition of land such authority is subject to the
specific provisions and guidelines set out in the Agricultural Land
Settlement Act.  This the Minister has not done.

In practice the Minister has in all cases dealt with offers of land
unilaterally.  In many cases the offer letters are issued and accepted
prior to the publication of a Preliminary Notice let alone service of a
valid acquisition order.  It must follow that you cannot offer something
which has not as yet been acquired.  To do so is incompetent.

The advice given to clients by this firm faced with the summary arrival of
a claimant to the land by virtue of an offer letter has been as follows:

a) a letter is drawn to the attention of the claimant pointing out that his
offer letter is incompetent, invalid and of no force or effect.  The
claimant is advised that he has no right or permission to enter onto the
land and assert any claim of ownership over it.  The claimant is put on
notice that his claim to the land is rejected on factual and legal grounds.
He is advised that any attempt to assert rights over the land will be
resisted with reference to law.  To that end he is advised that the owner
may seek to interdict him and/or that steps will be taken to ensure that he
is ejected should he take forcible occupation.  He is advised that any
interruption of farming activities, threats and the like will be met with a
formal report to the law enforcement agencies (the police).  His actions
will be considered as trespass.  He is advised that any threatened conduct
may give rise to criminal complaints which will be asserted if so required.
Additionally, the owner or occupier will make it clear that any resultant
damage occasioned by the claimant will be met by an action of specific
damages against the claimant personally.

I have already handed up to you, with the consent of Mr Robert Milbank, a
copy letter which preceded an application to the High Court to assert Mr
Milbank's rights.  Obviously each letter will be couched differently
depending on the prevailing facts.  That letter was copied to the local
police station with the request that they take note of the stance of the
owner.  That letter called upon the police to ensure that law be enforced.
They are requested to ensure that the owner and occupier are protected
against any threatened unlawful occupation of their property and that their
property and personal rights be protected in accordance with the common law
and with regard to the Constitution.

To the extent that the request for assistance is ignored and the claimant
persists with occupation, in that event the claimant is best advised to
proceed to Court to obtain an urgent interdict against the invader and such
other relief as may be appropriate in the circumstances.

We confirm that we have handed to you specimen Provisional Orders which
have been obtained by our clients in this regard.

We must point out to you that in one case issue has been taken with joining
the Minister of Home Affairs, the police and other law enforcement agencies
as parties to the application.  Government's claim as to mis-joinder was
based on the argument that the law enforcement agencies are not an
interested party to a civil dispute and that the directions sought were
unnecessary.  It was argued that if directions were given this would have
the effect of deviating their responsibility away from their core area of
investigation of criminal offences and the maintenance of law and order!  I
have asked for specific reasons concerning the ruling of misjoinder.
Despite a considerable passage of time I continue to await such ruling
which I will consider appealing against.

In that particular case I personally attended with clients on the police
prior to launching the application calling upon them to ensure that no
breach of the peace occurred.  I was advised that they required specific
directions from the High Court to act.  This is why they were joined in the
first place!  This factual nicety seems to have been completely disregarded
by the incumbent judge.  All other judges who have granted me orders have
not followed the approach of Mr Justice Bhunu as new appointment to the
bench.

Should there be any further aspect that you consider has not been
adequately explained or considered please advise and I will attempt to
provide answers to you.  I apologise for the delay in getting this advice
to you but have as you well know been tied up with numerous urgent
applications arising from the "Operation Clean Sweep" exercise.

We advise accordingly.

Yours faithfully
David Drury
Gollop and Blank

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PR COMMUNIQUE

Comment from The Mail & Guardian (SA), 4 November
Zimbabweans are criminalised
Gugulethu Moyo

A tear fell from my cheek on to the concrete floor. It was 7pm - time to
go. I took one last look through the bars of the prison cell. A police
officer bellowed, "One prisoner at a time, you get your food one by one!"
They stood in line waiting to fetch their evening meal from a pile at the
cell door. Stuart moved forward to peer into the paper bag with his name
marked on it. He walked bare-foot. His tailored, light-grey trousers, now
heavily creased and streaked with grime, were rolled up to his knees.
Rachel waved goodbye. She stood quietly in line behind 20 other detainees.
Her feet stood bare on the filthy ground. Stuart Mattinson is a retired
stockbroker. He runs a financial consultancy in Harare. He has not been to
the offices of his financial advisory firm all week. Rachel Kupara is a
well-known Zimbabwean investment banker. She sits on the boards of four
Zimbabwean companies - one of them listed on the Zimbabwe Stock Exchange.
For three years, during the 1990s, she served as a director of
state-controlled newspaper publishing company Zimbabwe Newspapers Ltd.
Three months ago she accepted a seat on the board of another publishing
company, Associated Newspapers of Zimbabwe (ANZ) Ltd, publishers of The
Daily News. She had been selected because of her sharp financial mind and
solid exposure to media business.

This Wednesday both these people stood in the dock of a dingy Harare
courtroom, accused with three other directors of the company. Their crime:
trying to run this publishing business. The day before when my lawyer
colleague Beatrice Mtetwa had tried to take them lunch, the prison officer,
a Sergeant Garanonga, informed her that lunch had been abolished. With
effect from 8am that day, criminal "suspects" were only entitled to eat
breakfast and supper. Mtetwa was forced to negotiate with the comptroller
of prisoners to allow at least one of the four detainees to have his food.
He is on a strict medication regime and cannot take his medication on an
empty stomach. Earlier the same morning my colleague and I had been denied
access for the purpose of rendering legal advice. We had had to seek the
intervention of a senior police officer and were allowed only five minutes
with them. During our brief interview we enquired about the conditions
under which they were being detained. Their description was of inhumane
conditions. The latrines housed within the cells were overflowing with
human waste. The floors were encrusted with dirt that had probably
accumulated over years of neglect. The walls and ceiling were stained with
blood. The blankets that line the concrete beds were infested with lice. By
the second day of detention one of the directors, Brian Mutsau, had
developed severe diarrhoea.

ANZ, the publishing company of which the group are directors, was formed in
1998. It's primary objective, according to its Articles of Association, is
to publish newspapers. The state's company laws permit a company to carry
out any business activity authorised in its objects clause. In March last
year the state legislated to criminalise certain activities relating to
publishing in the country. Seven weeks ago, in pursuance of this law,
police clamped down on the alleged criminal activity of ANZ. Police, armed
with AK-47 rifles, raided the company's premises, forcefully evicted staff,
and seized the assets of the company. Publishing operations were shut down
for six weeks. Millions of dollars of revenue were lost. ANZ's directors
took the state to court and last Friday won the battle to reopen the
business. On Saturday October 25 the company was back in business. The 50
000 copies of that day's edition of The Daily News circulated in the
capital were sold out within two hours. By lunchtime on October 25 18
employees of the company were detained in a Harare police station. They had
been forcefully removed from their offices while working on the newspaper's
Sunday edition. Heavily armed police took control of the premises, and that
night the police raided the private residence of the CEO. They arrested his
niece. She was told that she would be kept hostage until her uncle, Samuel
Sipepa Nkomo, gave himself up. The girl, who had been charged with
"engaging in conduct likely to cause a breach of public peace", was
released on Monday morning when Nkomo handed himself over to the police.
Early on Tuesday morning, in Bulawayo, the police raided the home of a
non-executive director and retired High Court Judge, Washington Sansole. He
was arrested. The police informed him that he would be released only when
other directors of the company had been
arrested. They held him until a High Court judge determined that the
detention was unlawful and ordered that he be released. All this in
Zimbabwe.

It is perhaps beyond me to understand the motive of a government that would
sanction this kind of bastardisation of its criminal justice system, save
to say that the Zimbabwean government has, through the enactment of the
Access to Information and Protection of Privacy Act (Aippa), criminalised
legitimate economic activity. Newspaper publishing, in a normal society, is
a principal form of behaviour that brings people and institutions into
contact with each other and fosters economic and social progress. In a just
society, the stigma of criminality is only imposed on those who have
incurred the just condemnation of the criminal law. By this I mean that
there is a relationship between the vigorous enforcement of criminal
sanctions and public acceptance of the propriety of employing criminal
sanctions.

A government cannot persuade the people to view conduct as wrongful simply
by making it criminal.

Law, even criminal law, is simply not that potent a weapon of social
control. In fact, the reverse becomes true.

Far from criminalising morally neutral conduct, the intensive application
of criminal sanctions to activity that is considered to be "normal", as is
the case with newspaper publishing, has the effect of decriminalising the
criminal law, traumatising its citizens and bringing the criminal justice
system into disrepute. A state that makes criminal that which people regard
as acceptable will find that the people's attitude towards what is criminal
undergoes change. Criminality loses its stigma and, slowly criminals are
perceived as victims, rather than as a danger to society. Unfortunately,
the change in perception extends to all criminal cases, be they serious
crime that must be eradicated or not. People cease to accept the state's
definition of criminality and the criminal law loses its potency as a
weapon for social control. Zimbabwe's Aippa has the effect of making
criminal almost all the activities of media enterprises within Zimbabwe.
This misapplication of the criminal law lacks proper justification and
thereby brings the Zimbabwean criminal justice system into disrepute.

Gugulethu Moyo is the legal adviser to The Daily News

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URGENT MISSING PERSON COMMUNIQUE

PLEASE...JOHN REILLY has been missing from his home in the Mabelreign area
since early yesterday (Tuesday 4th November) and is still missing.

HE IS MID 60'S AND HAS ALZHEIMER'S DISEASE.

The Family need help from anyone who can offer to photocopy John's picture
and
contact numbers (Mabelreign/Avondale area). They have the paper!

Please phone Leezle Franceschi on Harare 311118.

~~~~~~~~~~~~
Please everyone

John Reilly is still missing.  Please keep your eyes open.  It is believed
he
might be going to a Soccer field. (spots field) He needs to take his
medication.  His family are very worried.  Please phone if you see him.

Tall man with red hair.  About 60 years old.  Will be very confused.

Phone me (Leezle Franceschi) on Harare 04-311118

or phone Isabelle ( his wife ) 04-310963
Alternative numbers are:

Gloria 04-306040

Anne 310608
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Update on the Court appearance by the WOZA 48 who appeared in court on 5
November.

Dear Friends,

Apologies for not updating you all yesterday. Most of us went straight to
the funeral wake of the husband of one of our members.

We appeared in Court and the first to enter the dock was national
coordinator, Jenni Williams on the charge of being the organiser of the
peaceful protest calling for the repealing of POSA. Within minutes, the
Magistrate announced that she should reappear on the 7th February 2004 under
the same free bail conditions. The rest of the women, were then called to
join Williams on the charge of participating in the protest of 24 July 2003.
Only 8 other could fit in the dock and the other women had to stand in the
front of the dock. After much roll calling and rechecking the names, the
magistrate announced the same ruling. We would all come back on 7 February.

There was much whispering from both the spectators in the full courtroom and
from us - we were not happy at all - justice delayed is justice denied and
this irritated us. There was a sense of embarrassment throughout the
courtroom. It is embarrassing to normal Zimbabweans to look at us - we are a
group of peaceful women, mother, sisters and grandmothers. Majola is the
eldest at 72 years old and there are at least 15 others over 60. Three of
the women had bought their babies with them and had them on their backs.
Those babies, the youngest 5 months old, spent a night in custody with us.

The court orderlies quickly joined ranks to usher us out of the courtroom
and out of the building threatening us with another charge.

On the 29th September 2003, WOZA had conducted a street protest on the lack
of bank notes. Placards held high, WOZA activist had gathered to protest
outside the Reserve Bank in Bulawayo resulting in officials closing the for
over 20 minutes. Riot Police failed to effect arrests and the WOZA protest
went on undisturbed. Women and men who spontaneously joined in by delivering
'protest notes' to the steps of the Reserve Bank. Fourteen women involved in
previous protests were taken in for questioning the next day in an
intimidatory move. Although Riot Police spent many hours at the homes of the
leaders, Lawyers were not formally advised that Police required them for
questioning. The leaders were advised to spend a few days in a 'Big Sister'
house. WOZA was concerned that leaders would be arrested when they appeared
in Court yesterday but sanity prevailed and the surly law and order officers
just gave leaders the 'evil eye'.

Could it be those heavy-handed policemen have fallen victim to feminine
wiles! Guess this questions will be answered when we next meet the Riot
Police on the streets. Which sadly for them will be soon.

Just to mention our grieving member, Patty. Her late husband had been
bedridden suffering a long battle with HIV/Aids. Patricia would faithfully
leave his bedside to participate in WOZA meetings and took a leading role in
the last action. When her estranged husband was brought to her home ill
three years ago, she took him in as the father of her five children and
nursed him diligently. She is left with three school going children to
support and has no formal income to count on. With guidance from WOZA, she
is forming community-based organisation for her area to take care of orphans
and to care for the ill and aged in her area. She chairs the lobbying and
advocacy committee of WOZA.  I mention her background to share the epitome
of a WOZA activist - grappling with the HIV/Aids pandemic in the community
whilst finding resources to help the orphans these people left behind whilst
catering for her own family's needs. In attending to these tasks, she makes
time to be an ARISEN women defying arrest by a repressive regime.

Ends
For more information on WOZA, email us at wozazimbabwe@yahoo.com
Contact Jenni Williams on Mobile (+263) 91 300 456 or 11 213 885 Or on email
jennipr@mweb.co.zw
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Zim Independent

Shiri tipped for Zvinavashe's post
Dumisani Muleya
AIRFORCE of Zimbabwe commander Air-Marshal Perence Shiri is likely to
replace Zimbabwe Defence Forces (ZDF) commander General Vitalis Zvinavashe
who is retiring next month, it emerged yesterday.

Military sources said Shiri would soon be appointed to take over after
President Robert Mugabe confirmed Zvinavashe's year-end retirement at a
farewell party this week.

The Zimbabwe Independent revealed on October 3 that Zvinavashe would be
quitting his military post in December.

Sources said Shiri - commander of the now-defunct North Korean-trained Fifth
Brigade which massacred thousands of civilians during a campaign of
repression in Matabeleland and Midlands in the 1980s - was the leading
candidate to fill the powerful post created in 1994 when the army and
airforce were brought under a single command structure.

Zvinavashe was the first ZDF commander after he took over the army in 1992
from General Solomon Mujuru who had retired together with Air-Marshal Josiah
Tungamirai.

"Shiri is likely to be the next commander of ZDF because he is considered
loyal and dependable by Mugabe," a military source said. "If you look at the
current crop of top military officers, he is Mugabe's right-hand
serviceman."

As part of changes in the defence forces, Mugabe last week promoted Air
Commodore Elson Moyo to Air Vice-Marshal, bringing to three the number of
Shiri's deputies. The other two are Air Vice-Marshals Henry Muchena and
Titus AbuBasuthu.

Sources said this was an indication that Shiri was moving up. They said
Muchena was expected to replace Shiri as airforce commander.

The sources said however ill-health might militate against Shiri's
appointment for a five-year term. His record as commander of the Gukurahundi
that perpetrated the Matabeleland atrocities could also be a stumbling block
in an era of political reconciliation.

"The other problem that could work against Shiri's appointment is that
former Zipra commanders in the army are becoming increasingly agitated by
Mugabe's noticeable preference for ex-Zanla officers," a source said. "That
is creating unhealthy tension and frustration."

Sources said the appointment of Lieutenant-General Mike Nyambuya as
Manicaland governor was part of the army restructuring exercise.

Another name mentioned in connection with Zvinavashe's post is that of the
Zimbabwe National Army commander, Lieutenant-General Constantine Chiwenga,
who could soon be elevated to a full general.

Chiwenga is currently the acting ZDF commander because Zvinavashe in on
leave pending retirement. Sources said Chiwenga was loyal and played a
crucial role during last year's presidential poll in garnering votes for
Mugabe and could be rewarded for that.

"Chiwenga is also well-placed but his chances compared to those of Shiri are
slim," a source said. "Air-Marshal Shiri is senior to Chiwenga and that is
important in the army."

It is understood Chiwenga is close to Mujuru, and Mugabe, who is said to be
ill-at-ease with Mujuru, might not give him the job for that reason.

There has also been mention of Zimbabwean ambassador to Cuba, retired
Major-General Jevan Maseko, as a possible replacement for Zvinavashe. But
Maseko has been out of the army for a long time on diplomatic service. This
leaves him as an improbable candidate.

There has recently been speculation about Zvinavashe's future with some
reports linking him to a political career. While late Vice-President Simon
Muzenda's Gutu North seat is vacant, it is thought Tungamirai has a better
chance there. Zvinavashe has been linked to the vacant vice-presidency. Such
an appointement - although politically problematic - would at one stroke
remove a dilemma for Mugabe while at the same time completing a process of
militarising top posts which has been underway for several years.

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Zim Independent

Mugabe snubs NECF meeting
Vincent Kahiya
PRESIDENT Mugabe this week snubbed the country's key economic think-tank in
what is seen as a gesture of defiance towards the business community. It
also signals, analysts say, a resolve to press ahead with his own agenda on
tackling the country's chronic problems.

Having summoned a meeting of the National Economic Consultative Forum for
Wednesday to address the country's deepening economic crisis, Mugabe stayed
away from the body charged with implementing smart-partnership decisions
between government, business, labour and civil society and instead attended
a ceremony at a Kadoma school where computers were handed out.

Last week he attended two full days of politburo and central committee
meetings on the economy.

Other key members of the government also stayed away from the NECF meeting
leaving Special Affairs minister John Nkomo to deliver Mugabe's address.

Executive secretary for the NECF, Nicholas Kitikiti, said he was not

disturbed by the absence of the president and ministers.

"I am not so much disappointed that some key government officials and the
president did not attend because the issue is about interaction, not faces,"
he said.

"The issue is about availability of foreign currency. What can (absent Lands
and Agriculture minister Joseph) Made do about that?

"It is about access to bank loans, boosting savings and winning back the
support of the International Monetary Fund and the World Bank," said
Kitikiti.

Mugabe last Friday in a speech to Zanu PF's central committee blamed
Britain, the European Union, and the United States for the current economic
crisis. He said "a mercenary breed of wily and selfish merchants" were
responsible for the burgeoning black market.

It is thought Mugabe wants to target the business community while ignoring
the government's failure to manage macro-economic fundamentals. He has
promised wide-ranging institutional reforms.

Business leaders who attended the meeting said government was not serious
about finding a solution to the foreign currency problems.

"For a start, the president has already appointed a ministerial taskforce to
deal with that issue," said a business executive. "Secondly, the position of
business with regards to solving the foreign currency situation has not
changed since our last meeting. We need devaluation. It is a waste of time
to continue tabling measures that will not be implemented. Government at the
beginning of the year promised to devalue periodically to cushion
exporters."

Confederation of Zimbabwe In-dustries president Anthony Mandiwanza said
government had failed to implement what was agreed under the National
Economic Revival Programme in February.

"Close to 95% of what was agreed in February has not been implemented," he
said.

He said there was need for political commitment to go forward.

Economic commentator Eric Bloch said the NECF was a window-dressing outfit
for government to create an impression that they have consulted with
business before implementing policies.

"I am very sceptical that anything will come out of the meeting," said Bloch
yesterday after the second day of discussions. "The track record has been
that government only implements those recommendations that synchronise with
what they want."

In addition to Nkomo, those in attendance included Finance minister Herbert
Murerwa and Environment and Tourism minister Francis Nhema.

But most other ministers stayed away.

Nkomo, the most senior government official present, said government should
mend fences with international donors but in the same breath repeated the
ruling party's tired mantra about sovereignty being supreme.

"Let me now address the import-ant question of Zimbabwe's rela-tions with
the international com-munity, in particular the white do-nor world and
international organisations which they dominate," he said.

"Zimbabwe's sovereignty is not for bargaining, but we are ready to engage in
mutually beneficial relations with the outside world in the capacity of a
free and sovereign nation, governed by its laws and national constitution,"
he said.

Business analysts said he didn't appear to understand that Zimbabwe had few
options left. Senior diplomats pointed out this week that there was no
question of the international community relenting on balance-of-payments
support - which the country urgently needs - until the issue of governance
had been addressed.

Zimbabwe Council for Tourism president Shingi Munyeza said honest analysis
of what was ailing the economy was necessary before solutions could be
arrived at.

"Let's start telling the truth," he said. "By not telling the truth we are
digging our own grave."

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Zim Independent

Obasanjo tries to sneak Zim in
Dumisani Muleya
PRESIDENT Robert Mugabe is battling to sneak into the forthcoming
Commonwealth Heads of Government Meeting (Chogm) in Abuja, Nigeria, next
month after he was initially barred.

Diplomatic sources said Mugabe was engaged in critical talks with Nigerian
President Olusegun Obasanjo over the issue. South African President Thabo
Mbeki is understood to be part of the negotiations to secure Mugabe a
belated invitation to the biennial summit, even if it may not mean full
participation.

Mugabe has not been invited to Chogm because his regime, which is suspended
from the councils of the Commonwealth, has failed to comply with demands for
fundamental democratic reforms set out in March last year.

British Prime Minister Tony Blair and Australian premier John Howard, the
outgoing Chogm chair, have threatened to boycott the meeting if Mugabe
attends. Commonwealth secretary-general Don McKinnon has said Mugabe will
not attend the meeting unless he embraces serious reforms.

Obasanjo said last month that Mugabe would not be invited to Abuja unless
there was a positive "sea change" in Zimbabwe.

In an attempt to deliver the "sea change" as Chogm approaches, Mugabe last
week announced there would be sweeping reforms of state institutions,
including a cabinet reshuffle.

This week he launched the reforms starting with the appointment of a new
Reserve Bank governor and provincial governors. A cabinet and army reshuffle
is also looming.

Meanwhile, Mbeki this week said while visiting Canada that there was
progress in trying to resolve the Zimbabwe crisis. He said talks between the
ruling Zanu PF and Movement for Democratic Change opposition could produce a
coalition government soon.

He said dialogue was still going on. But the parties concerned have said the
talks were off. Mbeki's remarks after meeting Canadian premier Jean Chretien
were seen as part of efforts to secure Mugabe an invitation to Chogm.

Evidence of Mugabe's battle to get into Abuja mounted this week with reports
by the Nigerian Chogm taskforce that Obasanjo and other leaders were locked
in high-level consultations over the suspension of Zimbabwe and Pakistan
from the Commonwealth.

Pakistan was suspended in 1999 when President General Pervez Musharraf
seized power through a coup. Musharraf, like Mugabe, has not been invited.

Nigerian Foreign Affairs Director of International Organisations Ambassador
Olusegun Akinsanya told journalists in Abuja that although the two countries
remain uninvited to the December 5-8 meeting "for the time being", Obasanjo
was still working on the issue.

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Zim Independent

Banks ordered to retain 50% forex from individuals
Blessing Zulu
THE governmenthas instructed ba-nks to retain 50% of foreign currency from
individual foreign currency accounts, the Zimbabwe Independent has
established.

This follows recent moves by government proposing to target individual
account holders although this was never enforced. Now banks have been
ordered to account for every cent that they have in foreign currency.

Government last week formed a special taskforce to address the management of
foreign currency which it said was being abused. The taskforce has directed
the Reserve Bank of Zimbabwe to scrutinise all individual foreign currency
transactions.

"Individuals who receive foreign currency from foreign sources have been
classified as exporting services," said a bank chief economist.

The new arrangement means that when an individual wants to withdraw foreign
currency from a personal account, he has to exchange half of it using the
official rate of $824 to the US dollar. The bank will then remit the other
50% of hard currency to the RBZ.

The move resulted in individuals rushing to liquidate their foreign currency
holdings last week.

Analysts said the move would force people to deposit their foreign currency
outside the country.

"Botswana and South Africa are set to benefit from this circus," said a
chief economist with a local bank. "People will opt for offshore accounts in
these countries and Zimbabwe will lose the little foreign currency that was
trickling in."

Finance minister Herbert Murerwa said people working abroad would be
encouraged to assist.

"Further, government is holding discussions with interested parties for
purposes of mobilising foreign currency from Zimbabweans in the diaspora,"
Murerwa said at a National Economic Revival Programme meeting earlier this
year.

"Indications are that a minimum of US$1 million can be collected on a weekly
basis," Murerwa said.

It is believed that there are up to three million Zimbabweans in South
Africa, 176 400 in the UK, 33 075 in the US and 165 375 in Botswana.

The shift from exporting companies to individual foreign currency account
holders demonstrates government's desperation to raise hard currency.

The foreign currency crisis has been exacerbated by the collapse of the
agricultural sector. The chaos on the farms has seen tobacco production, the
main forex earner, taking a nosedive. The tourism sector has also been hit
by the collapse of the rule of law and the government's human rights record.

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Zim Independent

500 000 children face new type of malnutrition
Itai Dzamara
A POVERTY-INDUCED disease previously unknown in Zimbabwe threatens the lives
of 500 000 children as levels of malnutrition have increased sharply over
the past two years due to the country's prolonged economic crisis.

The United Nations Children's Fund (Unicef) discovered through a survey
carried out in February the existence of global acute malnutrition (GAM)
which affected 5% of children under the age of five.

This comes after a more than 50% drop in the provision of immunisation to
children under five compared to the period before 2000.

GAM is a combination of massive wasting in children as well as a situation
called odeama, which is the swelling of the neck and stomach.

The disease results from lack of sufficient food with the right nutrients in
the body, a situation thousands of children face, especially in the rural
areas of Zimbabwe.

In Africa the disease has existed only in war and famine-ravaged countries
such as Ethiopia, Liberia and Rwanda. It is the first time that it has been
detected in Zimbabwe.

Nikolina Drysdale, an official of Unicef in Harare, told the Zimbabwe
Independent this week that there was a serious misconception about the
symptoms of GAM in Zimbabwe. She said if not treated early enough the
affected child eventually dies from the disease.

"There is a serious misconception regarding the disease. People take a child
with a puff top or a swollen stomach to be fat and think it's okay,"
Drysdale said. "The puff top and swollen stomach arise from the accumulation
of excess water because of severe malnutrition. If the child is not treated,
it may die."

The performance of an affected child's heart drastically reduces because of
a huge deficit in the supply of energy that should be derived from nutrients
accessed by the body.

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Zim Independent

Byo journalist arrested over youth militia story
Loughty Dube
A BULAWAYO-based reporter with the Media Africa Group (AMG), Gift Phiri, was
last Friday picked up by police over a story published by the stable's
weekend paper outlining terror tactics employed by the youth militia against
opposition supporters.

The story was published in the Weekend Tribune of October 18 and quotes
opposition Movement for Democratic Change (MDC) spokesman Paul Themba Nyathi
confirming the activities of the Green Bombers in Gwanda during the month of
October.

Phiri was picked up from the newspaper's offices by officers from the CID
Law and Order Section and was taken to Bulawayo central police station where
he was made to sign a warned and cautioned statement.

According to Phiri's lawyer, Brighton Chindove of Hara, Moyo & Partners, the
police said they would charge Phiri under Section 15 2 (b) of the Public
Order and Security Act.

"The police said the story published by my client was likely to cause public
alarm and despondency," Chindove told the Zimbabwe Independent.

He confirmed that Phiri was made to sign a warned and cautioned statement
and said the police informed him that they would proceed by way of summons.

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Zim Independent

Bishops vie for Zim Catholic leadership
Itai Dzamara
CATHOLIC Bishops Patrick Mutume and Michael Basera of the Mutare and
Masvingo dioceses respectively are the front-runners in the search for a
successor to the late head of the church in Zimbabwe, Archbishop Patrick
Chakaipa.

Investigations last week revealed that discussions were under way at the
Vatican to find Chakaipa's successor.

Chakaipa died in April this year after a long battle with a cardiac problem.

Mutume is understood to be in the running on the strength of his role in
efforts to revive dialogue between President Robert Mugabe's Zanu PF and the
opposition Movement for Democratic Change (MDC).

Basera, who has openly criticised Mugabe's wayward leadership, is also
involved in initiatives to revive political dialogue. Basera reports to the
Vatican on progress on the Zimbabwean crisis.

As the current president of the Zimbabwe Catholic Bishops' Conference,
Basera recently held a meeting with Mugabe at the instigation of the Vatican
to persuade the beleaguered Zanu PF leader to negotiate a political
settlement with the opposition.

"The issue (of Chakaipa's successor) is now at an advanced stage after
consultations here (in Zimbabwe) as well as in the Vatican," said a highly
placed source. "Four names initially emerged, those of bishops Mutume,
Basera and Archbishop Pius Ncube as well as Jesuits' leader in Zimbawe,
Father Fidelis Mukonori. However, after deliberations, Mukonori and Ncube
were deemed to be already performing impressively in vital capacities,
leaving Basera and Mutume in the running for the archbishop's position."

The source said it was agreed that Ncube, considered a beacon in the fight
for justice in Zimbabwe, had to remain in his present post. Ncube was urged
to continue his fight for justice and peace in various capacities in Africa.

Ncube is the chairman of Soli-darity Peace Trust, a joint Zimba-bwean/South
African human ri-ghts group that recently released a shocking report on the
government's controversial national youth training service.

Fr Mukonori is also a major player in human rights issues and reports to the
Vatican on various areas of conflict in Africa. He played a major mediating
role during Zimbabwe's liberation war and is in the thick of manoeuvres to
solve Zimbabwe's political impasse.

Pope John Paul's representative in Zimbabwe, Edward Joseph Adams, declined
to shed light on the issue of Chakaipa's successor, saying the Pontiff had
the final say.

"It takes place when all the steps required by church law for a bishop's
appointment are completed. The definitive judgement, however, rests with His
Holiness the Pope," said Adams.

Efforts to obtain comment from Mukonori, Ncube, Mutume and Basera were
unsuccessful as they all insisted church procedures would be followed and
that, in any case, only the pope's representative could speak with authority
on the issue.

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Zim Independent

UN still to clear those linked to Congo deals
Dumisani Muleya
THE United Nations panel on the plunder of natural resources in the
Democratic Republic of Congo (DRC), which finished its extended mandate last
Friday, has not cleared top Zimbabwean officials and military officers
implicated in shady deals.

The panel submitted its report to UN secretary-general Kofi Annan on October
15 and to the UN Security Council two weeks later. It says Zanu PF secretary
for administration Emmerson Mnangagwa, Zimbabwe Defence Forces commander
General Vitalis Zvinavashe, and Brigadier General Sibusiso Moyo still have
cases to answer.

All three have denied any wrong-doing. Mining companies are also not let off
the hook.

Allegations of pillage against Osleg and Cosleg, in which the Zimbabwean
army had interests, are still pending. The report urges government to
investigate those accused of looting in the DRC and take appropriate
measures. Countries like Uganda and the DRC itself are already doing that.

Those accused of plunder have been suspended from government in the DRC.

Zimbabwean companies and individuals who have been cleared include Thorntree
Industries (Pvt) Ltd, business magnate Billy Rautenbach's Ridgepointe
Overseas Development, and the late army officer Charles Dauramanzi.

Others cleared but subject to monitoring by the panel are tycoon John
Bredenkamp and Kabankola Mining. Avient Air's case is still being probed.

The UN panel says in May and June, government forwarded responses on the
pillage accusation by "three Zimbabwean individuals" named in its October
2002 report.

The report, which named 157 companies and individuals from the UK, the US,
Belgium, Germany, South Africa and countries that fought in the DRC,
prompted international condemnation against accused looters. At least 119
accused parties reacted to the report.

"As the panel considered that a number of outstanding issues remained, it
provided information and documentation to Zimbabwean authorities to enable
them to examine the panel's findings and take the appropriate corrective
action," the report says.

However, the report notes Zimbabwe has said it is "in no position to take
any measures ... as neither itself nor its nationals were or are involved in
any illegal deals in the DRC".

Zimbabwe was bogged down in the recent DRC war for four years. Its political
and military leaders were accused of looting.

On January 24, the Security Council adopted resolution 1457 (2003) renewing
the mandate of the panel. Under that six-month mandate, the panel, which has
been working on the issue for three years now, was requested to verify,
reinforce and update its earlier findings and, as necessary, revise its
information.

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Zim Independent

Human rights violators still on the loose
Blessing Zulu
THE rule of law in Zimbabwe has been severely undermined in cases where the
police have failed to investigate or prosecute state-sponsored killings and
torture.

The government has made promises both locally and internationally to deal
with perpetrators of gross human rights abuses but there appears to have
been little or no progress in this regard.

Emblematic of this failure to tackle state-inspired violence is the case of
Talent Mabika and Tichaona Chiminya, two Movement for Democratic Change
activists who were petrol-bombed by a known state agent and his accomplice
in the run- up to the 2000 parliamentary poll.

Joseph Mwale, a CIO operative and Tom Kitsiyatota Zimunya, a war veteran,
have been named as suspects. They were arrested by the police but
subsequently released.

Mwale and Zimunya failed to appear in the High Court to give evidence in
their own defence in a MDC parliamentary election appeal. A warrant for
their arrest was issued but no arrests have been made.

High Court judge Justice James Devittie two years ago ordered that a record
of the case involving the constituency challenge in Buhera North be sent to
the Attorney-General with a view to a possible prosecution of the alleged
killers of Mabika and Chiminya. The court heard testimony from an eyewitness
that Mabika and Chiminya were killed by Mwale and Zimunya.

The judge said "the killing of Chiminya and Mabika was a wicked act".

Acting Attorney-General Bharat Patel has promised to bring to justice the
alleged perpetrators but there has to date been no prosecution.

At the height of farm invasions from March 2000 12 white commercial farmers
and an estimated 100 opposition supporters lost their lives to marauding
militias and self-proclaimed war veterans, but so far there have been few,
if any, successful prosecutions.

The first white farmer to be killed in cold blood was David Stevens. He died
on April 15 2000 in Mashonaland East province after having been seized from
a police station by a Zanu PF gang.

A priest who conducted a memorial service said it was essential for "the
soul of the country" that Stevens' killers be brought to justice.

A few days after the death of Stevens another farmer, Martin Olds, was
killed in Nyamandlovu. In 2001, Olds' mother, Gloria, was also killed on the
same farm.

Justice for Agriculture, a farmers organisation, said on its website that
"no arrests have been made in connection with any of these murders". In both
the Stevens and Gloria Olds cases suspects were interviewed but released.

Police spokesperson Assistant Commissioner Wayne Bvudzijena however insisted
last week that there had been follow-ups.

"The Stevens case and all the other cases involving the farmers were
investigated," Bvudzijena said.

When challenged to explain why the suspects had not been prosecuted,
Bvudzijena said this was not their problem.

"We arrest people on reasonable suspicion according to the evidence we have.
These are not the only cases where suspects have been released for lack of
substantial evidence," he said.

MDC MP Job Sikhala and his colleagues, Taurayi Magaya, Charles Mutama and
Gabriel Shumba were arrested and tortured by police earlier this year but no
action has been taken against the culprits.

Sikhala, Magaya and Mutama had to receive specialist treatment in Denmark.

An affidavit signed by Dr Faith Ndebele, a psychiatrist, said Sikhala was
suffering from post-traumatic stress disorder with depressive features.

Earlier this year Nigerian president Olusegun Obasanjo in a letter to
Australian Prime Minister John Howard calling for the lifting of Zimbabwe's
suspension from the Commonwealth, said President Mugabe had promised to deal
with the issue.

"I raised the issue with President Mugabe who confirmed that the MP
concerned (Sikhala) had taken the case to court and that the police admitted
with apology that the MP was assaulted," said Obasanjo in his letter.

"The police were to take necessary disciplinary action against the culprit.
President Mugabe denied any government involvement in such police acts.
Allowing the case to be prosecuted in court must convince people that the
government was not behind the act and would not condone it," said Obasanjo.

Sikhala said Mugabe had deliberately misled Obasanjo.

"That promise to Obasanjo never went anywhere," Sikhala said last week. "It
was just a gimmick by Mugabe to win sympathy, no investigation took place."

It was last month reported that Henry Dowa, a chief inspector in the
Criminal Investigation Department (Law and Order Section) who had been
serving in the United Nations administration in Kosovo, returned to Zimbabwe
after he was accused by human rights groups of torturing detainees here. The
UN made a request for his withdrawal from the Kosovo mission after an
internal inquiry, it was reported.

Bvudzijena confirmed at the time that the UN had written to government about
the matter. But Dowa remains active and was involved in the arrest of NCA
members last month.

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Zim Independent

Tekere readmission challenge to Mugabe
Dumisani Muleya
THE readmission of former Zimbabwe Unity Movement (Zum) leader Edgar Tekere
to Zanu PF from which he was fired 15 years ago will be a direct challenge
to President Robert Mugabe's ego, ruling party insiders said this week.

Zanu PF veterans say Mugabe launched a personal crusade to ensure Tekere, an
ex-ruling party secretary-general, was sacked because he persistently
criticised his party for corruption and tyranny.

Prior to his dismissal, Tekere had attacked the "vampire class" around
Mugabe and warned that democracy was in the "intensive care unit" because of
Zanu PF's one-party state drive.

Zanu PF officials say Mugabe made it his personal business to fire Tekere at
all costs.

They say matters came to a head on October 21, 1988 when Mugabe finally
confronted Tekere at a central committee meeting at State House.

"There was a drama on that day," a Zanu PF official said. "Mugabe personally
tabled a motion demanding that Tekere be fired on the spot for his criticism
of the party.

"But Tekere protested and asked for an adjournment of the issue to prepare
his defence," the official said. "Mugabe rejected that but some senior party
cadres joined Tekere in his protest. The late Robert Marere and Moven
Mahachi backed Tekere."

Marere, a former Public Construction and National Housing deputy minister,
died recently, while Mahachi, ex-Defence minister, died two years ago.

"The issue of Tekere's expulsion was then put to a vote and the meeting
backed his dismissal. However, 15 senior party officials voted against it,"
the official recalled.

Tekere left the meeting in a tantrum amid a volley of expletives.

"However, we were surprised to see him come back shortly after, carrying a
pile of Chronicle newspaper editions that he distributed to the meeting,"
the official said.

"The newspaper contained a story about the Willowgate scandal. Tekere then
told the meeting: 'This is what I'm being fired for'. Immediately after that
he left. It was a big embarrassment to Mugabe."

The Willowgate scandal exposed a racket in which ministers bought vehicles
from Willowvale Motor Industries which they resold at inflated prices for
personal gain.

Sources said Mugabe vowed Tekere would never be readmitted to Zanu PF. But
two months down the line, Mugabe arranged for a private one-on-one meeting
with Tekere on December 15, 1988 at State House. The late Zanu PF
heavyweight Maurice Nyagumbo was later called in as an observer.

"At that meeting Mugabe asked Tekere to write a letter to the central
committee asking for a review of his dismissal but he refused. Tekere
insisted that Mugabe should reverse the expulsion because it was his
personal action," a senior Zanu PF member who was present at the time said.

"In the end, the two failed to agree and Tekere went away for good, or so it
seemed. Now that he has been readmitted to the party most people who were
there during that time see this as a direct rebuke to Mugabe. It is an
attack on his personal ego because Tekere has proved indestructible."

Soon afterwards, Tekere formed Zum and contested the 1990 presidential poll
against Mugabe but lost. He abandoned the now defunct Zum in 2000. Tekere
has however remained critical of Zanu PF.

Zanu PF external affairs secretary Didymus Mutasa recently said Tekere, a
former Minister of Manpower, Planning and Development, had been readmitted
to the party because "we want him back". Tekere said although he was
prepared to return to the Zanu PF fold this was yet to be formalised. His
return has been linked to the escalating succession battles in the party.

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Zim Independent

Editor's Memo

Not so smart

I HAD a letter this week from Nicholas Kitikiti, executive secretary of the
National Economic Consultative Forum, inviting me to attend a national
dialogue session on the subject of "resolving the national economic crisis".
Kitikiti said the NECF's patron, "HE Cde RG Mugabe" had convened the
session.

"It is extremely opportune that our Patron has summoned the nation, through
the NECF, to a dialogue intended to forge a national consensus on how to
resolve this entrenched national crisis," he said.

The NECF, in conformity with standards adopted by the International Smart
Partnership Movement where all stakeholders contribute to a national
dialogue, was keen to have the participation of the media alongside
business, labour, government and civil society, Kitikiti said.

I am grateful to him for the invitation even though I was struck by the
redundant form of address accorded the president and the obsequious manner
in which we were all "summoned" to discuss the "national economic crisis".

It would be nice to think this finally represented some acknowledgement by
the head of state that such a crisis exists. But Mugabe spurned the very
meeting that he had "convened" to attend to more pressing business
elsewhere - the donation of computers to a high school in Kadoma - leaving
John Nkomo to read his speech to the assembled business leaders.

With the notable exceptions of Herbert Murerwa and Francis Nhema who were
present, the meeting was thinly attended by senior ministers - confirming,
as we have long suspected, that the NECF is little more than window
dressing, providing an impression of consensus to decisions already taken
elsewhere.

In part the NECF has only itself to blame if it is not taken seriously by
those in authority. Agreeing to be summoned to consider a situation which
has been evident to everybody else for over a year does nothing for its
credibility. And how useful is a meeting of this sort when Mugabe has
already decided who is to blame?

It is all the fault of Britain, the European Union and the United States, he
told the party faithful last Friday.

But this didn't prevent some of the business people present from speaking
out on the delusional propaganda currently being peddled at the highest
levels.

Zimbabwe Council for Tourism chief Shingi Munyeza pointed out that the
promotional video on the Victoria Falls released recently with great fanfare
was highly misleading. It for instance showed planes and trains in action
when nothing in the country was moving. Only the water tumbling over the
falls was real, he said. That was the only thing actually moving!

In 1999 tourism together with downstream activities generated US$700
million, he said. "Last year we could only generate $70 million."

Munyeza referred to what he called "a dying spirit" in the country that
started with the leadership.

"We need to be honest about the situation," he said. "At some stage we have
to say I am sorry."

These remarks will not go down well with the smoke-and-mirrors brigade that
have been looking for somebody else to blame for the mess we are in. But
they do redeem the NECF.

At the heart of the NECF's deliberations was the role of the parallel
market. Mugabe claims it is "run and supported by a mercenary breed of wily
and selfish merchants, a breed that neither sows nor sweats but harvests
millions from base speculative activities that have spawned so much grief
and ruin for honest citizens".

That sounds suspiciously like a description of Zanu PF chefs, the people who
owned the bureaux de change, who take forex from banks at the official rate
and change it at the parallel rate, who educate their children abroad and
seek medical attention there when they need it.

It is this hypocrisy that is at the root of our problems. But the most
damaging aspect of the current crisis is an artificial exchange rate that
disadvantages producers by obliging them to borrow at the parallel rate and
remit their earnings at the official rate, or close to it. Nothing could be
more calculated to prejudice legitimate business and discourage
entrepreneurial activity.

Underlying the disparity between the official exchange rate and the
parallel - or real - rate is 500% inflation fuelled by runaway borrowing and
spending driven by political needs. Zimbabwe is thus trading with African
markets where inflation is no more than 21% (and mostly half that) and
overseas markets where it is 2%. That is a recipe for exchange-rate disaster
in any society. Government's inability to rein in inflation is thus the
single biggest factor in distorting the exchange rate.

Meanwhile, depressed earnings from tobacco as a result of farm seizures, a
tourist stayaway, falling mineral production and profligate consumption of
what little forex is left by government officials travelling abroad have all
contributed to forex shortages.

Business leaders need to spell out these problems. Their current policy of
"quiet diplomacy" is not working.

What NECF initiatives have been taken up by the government to date? What is
the government's record on the advice tendered to it by the NECF or indeed
any other advisory body? This is a government that is deaf to reason.

The Smart Partnership concept, the subject of a number of conferences
attended by Mugabe and his advisors, most notably in Langkawi, is cited as
the template for the NECF's deliberations. In fact, there is no such thing
in Zimbabwe. The tripartite forum between government, business and labour
collapsed when government made unilateral decisions on the economy and
workfront, and civil society has never been consulted about anything
including laws that directly affect its operations.

At this week's NECF session the business sector complained that government
was not serious about talks on the economy, it had done nothing to reduce
inflation to the 96% target set by Murerwa last year, and more than anything
else it had failed to improve its behaviour in ways that would help to
re-engage the international community.

There is very simply nothing smart about the way in which this government
goes about making decisions. It would be nice if the NECF found its voice
and asked what happened to its previous resolutions. It must rock the boat a
bit if it is to command attention. It must not thank the president
effusively for agreeing to afford the nation the chance to share with him
his muddled views - articulated by somebody else because he was too busy to
attend!

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Zim Independent

Ad hoc taskforces duplicate role of ministers
Ngoni Chanakira

LIKE a bolt from the blue, Zimbabweans were last week informed that
government had finally got its act together and was about to solve the
foreign currency shortages and other pressing economic matters.

But instead of working flat out to restore Zimbabwe’s crumbling economy by
controlling soaring inflation, government has once again decided to buy time
by setting up a taskforce to investigate the problem.

A cabinet “special taskforce” was announced last Wednesday.

This one, we were told, was designed to address the management of foreign
currency after realising that the root cause of the economic problems was
“the unaccountability of foreign currency by exporters and other players”.

The taskforce — comprising nine cabinet ministers, some of whom have been
regularly recycled since Independence in 1980 — was formed through the
reconstitution of the taskforce on the cash crisis. Its members are said to
have resolved the shortage of bank notes that had gripped Zimbabwe of late.

Minister of Rural Resources and Water Development Joyce Mujuru will chair
the taskforce which comprises the Minister of Finance and Economic
Development, Herbert Murerwa, Minister of State for Information and
Publicity Jonathan Moyo, Minister of State for National Security Nicholas
Goche, and Industry and International Trade minister Samuel Mumbengegwi.
Other members are Mines minister Edward Chindori-Chininga, Lands minister
Joseph Made, Tourism minister Francis Nhema, and Home Affairs minister Kembo
Mohadi.

The team will compile a “data bank” of all major exporting companies and
examine foreign currency leakages and externalisation of funds by exporting
entities including Export Processing Zone concerns.

It will also find ways of mobilising gold from small-scale miners and
partners to market it through Fidelity Printers and Refiners (Pvt) Ltd — a
subsidiary of the Reserve Bank of Zimbabwe (RBZ).

The high-powered team would also recommend the best foreign currency
allocation mechanism in accordance with national priorities and recommend
the formation of an appropriate central exporting authority.

On Thursday, a day after the taskforce was announced, we were told that the
National Economic Consultative Forum (NECF) would meet to discuss the
macro-economic situation prevailing in Zimbabwe.

The NECF is a 150-member team of businesspeople, politicians, labour chiefs,
bankers and government officials hand-picked by President Robert Mugabe to
devise strategies and solutions to the country’s myriad economic problems.

The special taskforce came as a surprise even to some NECF members,
especially when there are less than three weeks to the 2004 national budget
presentation in parliament by Finance minister Murerwa.

Analysts say what is now crystal clear is that the snail’s pace at which
government goes about attending to burning issues and the use of taskforces
and commissions of enquiry has resulted in feuding between politicians and
technocrats.

Generally while politicians are fond of sloganeering and building castles in
the air while the country’s economy burns, technocrats are hands-on people
with little time for this.

Examples of such technocrats who served government include former Finance
ministers Bernard Chidzero, Ariston Chambati, and Simba Makoni, as well as
banker Nkosana Moyo.

Moyo made Zimbabwean history and ruffled feathers when he quit Mugabe’s
government after realising that what he was recommending was falling on deaf
ears.

On the other hand, while he did not resign, former Finance minister Makoni
eventually felt President Mugabe’s boot. His crime? Recommending that the
Zimbabwe dollar be devalued through the front door. The dollar was however
later devalued through the back door — which became known as an exporters
incentive!

Analysts point out that what government needs are not taskforces, but
solutions to the many problems.

They query what exactly ministers are doing if taskforces have to be formed
to run their ministries.

Cases of ministries which have had either a commission or a taskforce in
action include Lands (under Made), Local Government and National Housing
(under Ignatious Chombo), Sport and Recreation (under Mujuru), Higher
Education (under Murerwa), and even Finance (again under Murerwa).

Before he left his job after a two-term stint, former RBZ governor Leonard
Tsumba gave an interview to businessdigest on August 19.

Tsumba said foreign exchange shortages over the last five years had largely
been a result of poor export performance.

 “The foreign exchange situation in the country remains critical against the
background of declining inflows and widening demand for foreign currency,”
her said.

“Foreign exchange shortages over the last five years have largely been a
result of poor export performance due to a shrinking export base,
deteriorating terms of trade for primary exports and the suspension of
international balance of payments support, as well as drying up of external
lines of credit. As a result, growth in exports has fallen from 13,9% in
1996 to an estimated minus 11,3% in 2002.”

Tsumba pointed out that while exports and export earnings had continued to
decline, demand for foreign exchange to procure critical imports such as
food, fuel, electricity, drugs and industrial inputs had risen sharply.

“The sharp escalation in inflation, from 55% at the end of December 1999 to
just under 400% by July 2003, against levels of below 10% obtaining in most
of the country’s regional and international trading partners, has severely
affected export performance,” the outgoing RBZ boss said.

He said whereas in many developing countries widespread trade restrictions
and stringent foreign exchange controls had led to the proliferation of
parallel market forces for foreign exchange, the Zimbabwean situation arose
from “persistent macroeconomic imbalances, in particular high inflation”.

“Speculators have taken advantage of the resultant crippling foreign
exchange shortages to continuously depreciate the exchange rate for
desperate importers in the parallel market,” Tsumba said. “The long-term
solution to the problem of foreign exchange shortages and the parallel
market, however, lies in the implementation of a consistent and
comprehensive set of macroeconomic policies, aimed primarily at promoting
export growth, so as to ensure that the economy realises adequate foreign
exchange.”

When quizzed about the skewed exchange rate, which analysts contend is the
main root of the foreign currency crisis, Tsumba pointed squarely at
Murerwa.

“The exchange rate policy is a matter for the Minister of Finance and
Economic Development,” he said. “Under the existing law, the Reserve Bank
implements the exchange rate policy as announced by the minister. You may be
aware that the National Economic Revival Plan provides for regular reviews
of the export support rate, taking into account inflation and other
macroeconomic developments. Consultations with key stakeholders are,
however, under way to review the export support rate.”

Meanwhile, the taskforce last week blamed forces hostile to Zimbabwe who are
“hoping to derail the land reform programme by killing agriculture through
black marketeering and profiteering where prices have nothing to do with
real costs”.

When he launched the short-lived Millennium Economic Recovery Programme on
September 28 2000, Nkosana Moyo pointed out that divisions in Zimbabwe, be
they party political one-upmanship or any abuse of influence in regard to
the implementation of the programme, would only serve to make deeper the
hole that the country had dug for itself.

“If we want to stop sinking — we simply have to stop digging,” he said then.

Bankers say the sooner government realises that we cannot write new economic
rules that ignore supply and demand, the sooner we can set about
implementing solutions to the economic mess that we are in.
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Zim Independent

Eric Bloch

Don’t give us facts, give us scapegoats
COMPLETELY out of character with its administration of Zimbabwe’s
non-economic affairs, government has demonstrated a remarkable consistency
in justifying the country’s economic ills. It has evidenced an astounding
ability to disregard or deny facts and realities, matched by a constant
capacity to ascribe those ills to causes other than its own acts of omission
and commission.

From 1982 to 1988, anything that was wrong within the economy was alleged by
government to be due to the conduct of the pre-Independence “colonial
 regime” which, it contended, had created an unconducive economic
environment. However, by 1988 that contention ceased to have credibility,
for questions were rightly being asked as to why, if it had substance,
government had not implemented remedial policies. So from 1988 to 1991
government claimed that the desolate economic circumstances were due to
destabilisation by the evil apartheid regime in South Africa.

As the transition to the “new South Africa” commenced, some alternative
target for blame was necessary, and readily presented itself. The
continuance of economic decline was, according to government, attributable
to drought and its repercussions. It cannot be denied that adverse climatic
conditions had a negative impact upon the economy, but only to a
contributory extent. The underlying problems continuing to be government
created. Then government had a brief reprieve for it reluctantly and
belatedly began implementing the 1991 Economic Structural Adjustment
Programme (Esap) and the economy began to enjoy an upturn.

Regrettably, that was short-lived for, on the one hand, some essential
elements of Esap were abhorrent to government and, therefore, not
implemented (such as curbing state expenditure and containing corruption)
and, on the other hand, it was determined to pursue ideological and
political objectives irrespective of their destructive economic effects.
Those objectives were pursued with ill-considered, disastrous effects, and
at the forefront of the modalities of seeking to fulfil the objectives were
a counterproductive and highly destructive land reform programme and
provision of a compensation package to war veterans, real and pseudo, in
amounts way beyond the state’s means. The economic gains of the preceding
three years were rapidly reversed and the economy set upon a slope of fast
downward direction.

Over the ensuing six years, numerous factors beyond government’s control
were said by it to be behind the ever-intensifying economic morass. Foremost
amongst the state’s alleged culprits were Western diplomats, various within
the international community, whites, commercial farmers, “profiteering”
industrialists and retailers, and the opposition party. Most recently, the
prime focus for blame has been those perceived to be depriving Zimbabwe of
critically needed foreign exchange and, in one speech after another, whether
emanating from the president, the Minister of Fiction, Fable and Myth, and
numerous others, the distressed state of the economy is stated to be almost
wholly as a result of the lack of foreign exchange.

As the repetition of this allegation and “excuse” gained momentum,
government realised that there would be a growing expectation amongst the
populace for it to do something about it. So, last week, a foreign exchange
taskforce was established to “address urgently the management of foreign
currency”. Justifying its establishment, it was said that “the root cause of
the obtaining economic problems was the unaccountability of foreign currency
by exporters and other players”. What absolute, total hogwash!

The taskforce is a very high-powered one, comprising the Minister of Rural
Resources and Water Development, Joyce Mujuru as its chairperson, the
Minister of Finance and Economic Development, Herbert Murerwa, the Minister
of State for Information and Publicity, Jonathan Moyo (what on earth does he
know about foreign currency other than how to spend it?), the Minister of
State for National Security, Nicholas Goche, the Minister of Industry and
International Trade, Samuel Mumbengegwi, the Minister of Mines and Mining
Development, Edward Chindori-Chininga, the Minister of Lands, Agriculture
and Rural Resettlement, Joseph Made, the Minister of Environment and
Tourism, Francis Nhema, and the Minister of Home Affairs, Kembo Mohadi. In
other words, a taskforce of nine ministers charged with completing its task
and reporting to the cabinet within three weeks.

That task is stated to include compilation of a data bank of all major
exporting companies, examining foreign currency leakages and externalisation
of funds by exporting companies, identifying ways and means of mobilising
all gold from small-scale miners and panners, checking whether all banks and
other authorised dealers are complying with exchange control requirements,
and to devise watertight mechanisms of remitting foreign currency to the
Reserve Bank. In addition, it is to recommend the best foreign currency
allocation mechanism in accordance with national priorities, and to
recommend an appropriate central exporting authority.

What a farce! How can any responsible body comprising persons with extensive
other duties, carry out such a exercise meaningfully and thoroughly in such
a constrained period, and how can government, in conceiving the taskforce,
pre-empt its determinations by planning ahead for the establishment of a new
regulatory authority (within an already over-regulated economy)? The answer
is simple. Before the taskforce had already commenced its work, its findings
were, to all intents and purposes, already decided.

This is apparent from the mouthings of an unnamed government spokesman,
quoted in the state-controlled media as saying that “the root cause of the
economic instability, characterised by relentless price increases and the
shortage of such critical agricultural inputs as seed, fertiliser and
diesel, was the unaccountability of foreign currency. All available evidence
indicates that this economy is generating more foreign currency today than
it did three years ago. But this foreign currency is being externalised and
abused in the black market for reasons which are either political mischief
or economic sabotage.”

Another source was quoted as saying that “in an economy which some analysts
say grosses US$700 million a month from a combination of agriculture,
mining, tourism and manufacturing products, the RBZ is said to be getting a
paltry average of below US$5 million a month”. How detached from reality can
anyone be! In contrast to their prognostications, most in the private sector
are well aware of the circumstances fuelling the inadequacy of foreign
exchange inflows. Far greater causes are, amongst many others:

lIn less than three years, tobacco exports have fallen from 237 million kg
to about 80 million kg, thanks to the destruction by government of the
tobacco growing industry;

lMining production has fallen, as rampant inflation has escalated operating
costs to unsustainable levels for so long as government maintains a spurious
currency exchange rate;

lAlthough government repeatedly claims that Zimbabwe’s tourism industry is
enjoying increased patronage from non-Zimbabweans, this is not factually
correct. Increased numbers of arrivals into Zimbabwe are not as a result of
tourism growth, but due to thousands of “cross-border shoppers”, most of
whom do not expend foreign currency but unlawfully obtained Zimbabwean
dollars from illegal dealings in foreign exchange which would not, in any
event, enter Zimbabwe;

lZimbabwean politics and disregard for law and order, have turned

Zimbabwe into an international pariah and, therefore, no longer a recipient
of considerable foreign direct investment or of much of the international
aid previously forthcoming;

lGovernment still expends, unnecessarily vast amounts of foreign exchange on
maintaining unproductive embassies and trade missions in numerous countries;

lWhilst much foreign exchange does not enter the Reserve Bank’s coffers, it
nevertheless is available to, and used by, the economy via the parallel
market. Redirection to the Reserve Bank will not enhance the total foreign
currency resource. These are but a few of very many facts, but government
doesn’t want facts, it wants scapegoats!
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Zim Independent

Muckraker

Does the taskforce have a clue about forex?
THE Reserve Bank of Zimbabwe will be “restructured”, President Mugabe told
the party faithful last Friday, “to make it much more of a developmental
institution that protects the national interest”.

In other words, the last institution to hold out against Mugabe’s messy
economics will be subverted to serve the ruling party’s agenda. Experts from
the Malaysian central bank will be coming to assist with revamping the RBZ.

“The restructuring of the RBZ comes against the background of widespread
public displeasure over its failure to monitor leakages in the foreign
exchange market…” the Herald informed us, no doubt speaking for its
handlers.

In fact the “leakages” in the foreign exchange market are the product of a
fixed exchange rate that bears no relationship to reality. As the cabinet
taskforce rushes to plug one hole in the dam, another will appear elsewhere
as the pressure on the official rate mounts. Zanu PF is fighting a losing
battle.

Malaysia succeeded in staunching the flow of speculative capital in the late
1990s because it had the economic muscle to do so. In other words it was
well-placed to resist the dictates of George Soros and others and manage the
exchange rate. Zimbabwe, thanks to Mugabe and his Crazy Gang, has ensured
Zimbabwe has nothing to fall back on. It is in no position to go it alone.

The Malaysians, let us note, have persistently failed to put their money
where their mouths are in support of Zimbabwe. Apart from the occasional
housing project, none of the vast commodity deals or investments in the
power sector they planned have seen the light of day. Instead they have
invested in South Africa’s fuel and tourism markets where the dividends are
higher.

Mahathir Mohamad, who sacked his supreme court in 1988 and reportedly
advised Mugabe to do the same, at least knew when to bow out. And he left
Malaysia immeasurably stronger by harnessing the skills of all his people.
Can the same be said of Mugabe?

The attack on the RBZ is one more nail in the coffin of Zimbabwe’s economy.
Does the politburo or the cabinet taskforce have a clue on how to tackle the
myriad problems they have created in the economy? If so why haven’t they
done so before?

And why do we need all these taskforces if ministers are doing their jobs
properly? Are the taskforces not duplicating what government should be doing
as part of its normal functions? Let’s hope ministers don’t receive any
special allowance for attending these meetings. Jonathan Moyo, we must
assume, is a forex taskforce member because he is good at spending it!

 Still on the subject of forex, exactly how much does Mugabe get as an
allowance every time he leaves the country? Why isn’t that figure published?
It is said if all the chefs repatriated the amounts they have banked abroad
as a result of school-fee payments, consultancies, and travel allowances, it
would go a long way to solving the country’s forex shortages.

But that’s not the name of the game is it? This is about targeting
businesses and claiming a conspiracy. It’s about squeezing companies that
are already having difficulty surviving in Zimbabwe’s toxic business
climate.

 Zimbabwe Open University vice-chancellor Primrose Kurasha should be
circumspect in her public comments if she wants to preserve the credibility
of the institution she heads. Carried away by the excitement of the moment,
she described herself as a product of President Mugabe’s dreams.

“Because of your dreams, new farmers are in the fields right now,” she
gushed, cheered on by Gutu South MP Shuvai Mahofa. “Your Excellency and
Chancellor, I Primrose Kurasha am also a new farmer and the Zimbabwe Open
University is my field.”

Like so many other chefs, she clearly intends to reap where she did not sow!
What is so extraordinary is that this enthusiastic recipient of presidential
patronage has not weighed the significance of partisan remarks that will
link ZOU in the public estimation to the discredited Zanu PF regime. Who wil
l want to employ somebody who is the product of such an institution?

And why is Mugabe going around the country collecting university
chancellorships like pangolins? Is this some royal monopoly? Is there nobody
else who qualifies or are they scared off by his degrees in violence?

The Herald thoughtfully explained to us how the system works: “The president
first installed Dr Kurasha, who in turn installed Cde Mugabe.”

All very cosy!

Government spokesmen like to slam CNN for what they claim is biased coverage
of events in Zimbabwe. But the South African authorities can hardly complain
about a report aired last weekend. CNN interviewed ANC-aligned activists who
said how  betrayed they felt by Vanessa Brereton, the now infamous agent
RS452 who had been a police spy in the Port Elizabeth area in the 1980s.

Nowhere in this account was it mentioned that RS452 was the number which
senior ANC informants in the party’s former intelligence network claimed the
security police had given to the current Director of Public Prosecutions,
Bulelani Ngcuka.

They fed the claim that Ngcuka was an apartheid spy to a Sunday Times
reporter who had previously worked for the party. When the paper’s editor
refused to publish the allegation, the reporter tipped off City Press which
ran it.

And why were these senior ANC members so keen to have the story published?
Because Ngcuka had headed an inquiry into Deputy President Jacob Zuma’s
alleged involvement in a multi-billion rand arms deal with a number of
European companies.

As a result of the allegations about Ngcuka, President Thabo Mbeki set up
the Hefer Commission to investigate the claims. It looked as if Zuma would
be able to prove manifest bias by Ngcuka. But once it transpired that agent
RS452 was a white woman, now resident in Britain, and not Ngcuka, the Hefer
inquiry ceased to generate the same interest — although the reporter at the
centre of it will be asked to reveal the manner in which she came to be in
possession of the information about Ngcuka, the people from whom she
obtained it and the steps she took to verify it.

None of this was mentioned in the CNN report for some reason.

An eagle-eyed reader spotted an interesting detail in a picture of Media and
Information Commission chair Tafataona Mahoso in the Mail & Guardian
recently. It was a sticker advertising the Zvakwana (enough is enough)
website. The website urges people to “get up” and “stand up” to oppression.
It is headed “street level action”.

Would the MIC head approve of such sentiments we ask ourselves? Does anybody
care?

Meanwhile, we must be grateful to Sunday Mail writers for expressing complex
events in terms we can all understand. Here is Kofi Mate-Kole on events in
Malaysia: “The Malaysians discovered a plot hatched around vice-prime
minister Anwar Ibrahim to oust Dr Mahathir from power. He acted swiftly and
crushed the treasonable move before it could cause any serious damage to the
country.”

So that’s what happened? So much clearer now.

Some goofy grins all-round on the front page of the Herald on Tuesday as
General Zvinavashe’s retirement was announced. Even “Sinister Syd”
Sekeramayi, possibly the least prepossessing person in Zimbabwean politics,
was coaxed into a smile.

Sekeramayi was reported as urging other officers to emulate “Foxy”
Zvinavashe so they get a “respectable send-off” from government.

It was not clear if this was a reference to Osleg and other entrepreneurial
activities.

Still with the comrades, why has Cde George Charamba suddenly become a “Mr”?
In a story saying he had invited church and religious organisations to
forward nominations for the Broadcasting Authority of Zimbabwe, the Herald
studiously referred to him as “Mr Charamba” throughout.

For those following Charamba’s partisan remarks in the press over the years
when he has understandably been described as a “comrade”, this latest move
clearly represents a policy switch.

Any clues why? Perhaps the recent court ruling that the Media and
Information Commission was improperly constituted and biased in its
deliberations may have something to do with it. Affidavits submitted in a
related case reveal Charamba’s role in the disputed appointments process.

Charamba now wants us to believe that the procedures for the appointment of
board members at the Broadcasting Authority are professional and above
board.

We shall see. But we are not fooled for a minute by this “Mr” nonsense. It
won’t suddenly confer respectability on dubious legislation.

Charamba provided a yahoo address — gcharamba@yahoo.com. It is not clear why
he didn’t provide a government address. But it might also be possible to get
him on natha-niel.manheru@zimpapers.co.zw.

 A reader has e-mailed to say that in the Herald of November 4 there is a
GMB advert offering maize polads/offal for stockfeed. Upon enquiring, our
reader was told the price was $350 000 a tonne.

The irony here, he says, is that the GMB is buying maize at $300 000 a
tonne. People will save a lot by just milling their maize for stockfeed!
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