The ZIMBABWE Situation
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Warning of severe hunger in Zimbabwe until next harvest

http://www.apanews.net/

APA-Harare (Zimbabwe) The Famine Early Warning System Network (FEWSNET) has
warned of severe food shortages in most parts of Zimbabwe over the next four
months as the southern African country runs out of reserves of the staple
maize crop.

The US-funded FEWSNET said in its latest Zimbabwe Food Security Outlook
published Sunday that the most likely food security scenario in Zimbabwe was
“a deterioration of food security status across a greater part of the
country with the exception of the central area which is traditionally a
grain surplus region”.

“An increased number of people in other parts of the country are likely to
become moderately food insecure throughout the lean season and outlook
period from October 2010 to March 2011,” the early warning system warned.

It however said planned humanitarian and government food assistance
programmes are likely to stop further deterioration of the crisis and
prevent widespread starvation in the country.

More than 900,000 Zimbabweans are estimated to require food aid until the
end of the year and the number could rise by over 40 percent to about 1.3
million people before the next harvest in March 2011.

JN/daj/APA
2010-11-07


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Fourth census in 2012

http://www.thezimbabwean.co.uk

Written by YEUKAI MOYO
Sunday, 07 November 2010 12:46

HARARE -- Zimbabwe is set to conduct its fourth population census in three
decades in August 2012, according to the Zimbabwe National Statistics Agency
(ZIMSTAT).

The government data agency which will oversee the census project said last
week that the exercise was meant to, “measure the size and key
characteristics of the population within small areas and for small
population groups to support the planning, implementation and policy-making
decisions and programmes of government, business and other development
partners.”

The statement further states that, “The support of all government
ministries, private sector, civil society organisations and research and
training institutions is vital for conducting a successful census.”

Various committees will be put in place to facilitate census operations at
national and sub-national levels, where field mappers deployed will visit
all households in the country and mapping them into groups of between 80 to
100 households.
Previous censuses were held in August 1982, August 1992 and August 2002.


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Harare council fleeced of $1m

http://www.timeslive.co.za/

Nov 7, 2010 10:47 AM | By SUNDAY TIMES CORRESPONDENT

The Harare City Council has been rocked by reports that it was ripped off by
more than $1-million by an alleged bogus company, which was awarded civil
engineering work for the construction of the controversial
multimillion-dollar airport road.

Shocking revelations have also emerged that a top government minister and
senior council employees could be involved in the scam.

Harare city councillors have already instituted investigations into
allegations that an unregistered company, Civil Planning Partnership
Limited, was awarded the tender, worth $1.2-million, as consulting engineer
for the dualisation of the Harare City-Airport Road.

The main constructor is Augur Investments, which will get prime land in
Harare for the construction of the road. The airport road construction deal
was done by the controversial Harare City Commission, which was appointed by
the Minister of Local Government, Ignatius Chombo, after the 2008 elections,
when the Movement for Democratic Change swept almost all council seats in
Harare.

Earth-moving equipment has cleared parts of the area where the new airport
road will be constructed, but councillors who are probing the tender said
they had so far found no evidence that the company had done any work.

Documents show that by November last year the company had received an amount
of about $700000. The special council committee believe another $550000 was
paid between November and December last year.

It was during the reign of the same commission that council also lost vast
tracts of prime land through illicit deals orchestrated by senior government
officials and city council employees.

Chombo's caretaker commission was chaired by Michael Mahachi and the other
commissioners were an A Tome and an L. Marufu. The town clerk was Tendai
Mahachi, and most of the deals signed during this period were signed by the
two Mahachis, who are said to be related.

A check at the registrar of companies revealed that Civil Planning
Partnership Limited is not registered in Zimbabwe, despite being awarded the
tender by the commission. A letter obtained by this paper at the registrar
of companies dated 18 October 2010 reads: "Please note that there is no
record pertaining to the registration of the above-mentioned company."

Three weeks ago, the Sunday Times visited the address given by the company
in letters to the council at 14 Selous Avenue in the city centre, but
discovered that the premises were occupied by a non-governmental
organisation named Penyai.

The paper called the managing director of the company, a Mr Musarurwa, who
claimed they were still occupying the premises, although Penyai officials
insisted they had moved.

"As I am speaking to you, I am at 14 Selous Avenue. I can also confirm that
we won a tender from the city council and some of the money has already been
paid," he said.

Musarurwa refused to say if his company had done any work so far but
confirmed that most of the money was an advance payment.

The chairman of the special council committee investigating land thefts in
the city last week wrote to the Tendai Mahachi, who is still the town clerk,
demanding an explanation on the money paid to CPP.

"In view of the findings on CPP the committee would like to enquire from you
as to the rationale you employed in choosing CPP. Is there any due diligence
carried out on CPP?" chairman Warship Dumba wrote in the letter.

Harare's mayor is said to have been informed about the issue and is taking
steps to make a police report.


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100 million US diamonds allegedly smuggled out of Zimbabwe

http://www.eyewitnessnews.co.za

Eyewitness News | 10 Hours Ago

Investigators in Zimbabwe have claimed that a South African firm smuggled
nearly R1 billion worth of diamonds out of the controversial Chiadzwa
diamond fields.

The authorities have now blacklisted 12 directors and shareholders of Core
Mining, which was working in Zimbabwe as Canadile Miners.

Zimbabwe’s state-run Sunday Mail said the man connected to the disappearance
of the diamonds was a South African of Italian descent.

Investigators believe Core Mining illegally sold the diamonds to get the
working capital to fund Canadile Miners operations in Chiadzwa.

Twelve directors and shareholders of Core Mining are to have their Zimbabwe
residence permits cancelled and will be declared prohibited persons.

The Movement for Democratic Change warned that Core Mining’s board members
allegedly included former mercenaries, smugglers and fraudsters in February,
but authorities have only now decided to react.


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Mugabe and cronies are looting - Makoni

http://www.dailynews.co.zw

By Staff Reporter
Sunday, 07 November 2010 17:54

HARARE - Opposition Mavambo/Kusile/Dawn leader, Simba Makoni has accused
President Robert Mugabe and his allies of looting the country's wealth,
calling for a full probe into the source of their ill-gotten gains.

Makoni was speaking to journalists soon after addressing a paltry 100 odd
people who attended one of his presidential campaign rallies in Harare’s
Warren Park suburb, Saturday afternoon.

The former Finance minister said the list of assets which belong to Local
Government minister Ignatius Chombo, a top Mugabe ally, was “terrible and
disgraceful”. The assets were revealed in Friday’s Herald newspaper.

Chombo’s multi-million dollar fortune was made public knowledge when his
former wife Marian went to court to seek for a share of the estate.

These included cars, houses and residential stands in low and high-density
suburbs countrywide, farmland, farming equipment and companies.

“They should be investigated," Makoni said. "I dare say it should not be
limited to just one person. All of them from Robert Mugabe to the last
deputy minister should submit themselves to a public disclosure of what they
own and how they acquired it.

“We are as shocked as the rest of the population. The question how they
managed to acquire that has a very simple answer - by abuse of office.

“That is why they clamour for high office so that they can abuse, exploit
and extort from the high positions. I dare say he (Chombo) is not the only
one and there are others who are worse or better depending on how you regard
it than him.”

He added: “Investigation and disclosure of how people acquired these assets
and vehicles is very important for transparent, honest leadership that is
serving the people and not being served by the people.”

Makoni, once part of the gravy train when he was a Zanu PF politburo member
and cabinet minister in Mugabe’s government, said he would volunteer to
become the first to be investigated if this would be extended to everyone.

He accused Mugabe of throwing away his party’s leadership code drawn soon
after independence, to allow his cronies to siphon wealth from the country
uninhibited.

“The leadership code was thrown out of the window as soon they got into
office because they realised it was going to constrain their avarice and
greed,” he said.

Makoni, who broke away from Zanu PF on the eve of the 2008 harmonised
elections to form a coalition of independent candidates, said Zimbabweans
should stand up and demand a free and fair election next year, saying Mugabe
would manipulate the process to his favour.

“The election will not be credible if the same reckless, greedy and cruel
people are allowed to have their way,” he said. “Robert Mugabe will not
create a free and fair election in Zimbabwe because that will not work to
his favour or Morgan Tsvangirai’s. So it is in our hands not to be forced to
participate in elections that will not reflect our will.”


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Kicked out of Marange

http://www.timeslive.co.za

ZMDC ends joint diamond mining venture with Core Mining of SA after arrest
of six executives
Nov 7, 2010 10:47 AM | By ZOLI MANGENA

A South African mining company, Core Mining and Mineral Resources (Pty) Ltd,
has been kicked out of Zimbabwe's controversial Marange diamond fields after
one of its directors was arrested, together with five other top mining
executives, for fraudulently obtaining diamond concessions.

A senior director of the state-owned Zimbabwe Mining Development Corporation
(ZMDC) told the Sunday Times that President Robert Mugabe's government had
cancelled Core Mining's diamond claims in the Chiadzwa area in Marange,
Manicaland province.

"I can confirm that as ZMDC we have pulled out of the joint-venture
agreement which we had with Core Mining because of the discovery of
fraudulent misrepresentations by the company and its directors," the senior
official said.

"We are now mining on our own and we will never work with Core Mining again
because they acted unprofessionally and fraudulently. They lied to us
through misrepresentations and baseless claims about their corporate profile
and capacity to engage in such a huge project. We realised they gave us a
false profile - they have no capital and no capacity - and we have kicked
them out."

After sustained complaints of corruption and pressure, ZMDC launched an
internal investigation which led to the arrest of its five senior officials
and Core Mining director Lovemore Kurotwi, who is also the deputy chairman
of Canadile.

The ZMDC officials, who included suspended chief executive officer and
general manager Dominic Mubayiwa, former chairman Gloria Mawarire, company
secretary Tichaona Muhonde, technical committee member Mark Tsomondo, and
chairman of the finance and investment committee Ashton Ndlovu, have been
accused of conniving with Kurotwi to secure mining concessions for Core
Mining.

The arrested ZMDC executives were part of the company's board select
committee which conducted due diligence on the "approved strategic
investors" before they signed the joint-venture agreements.

Following investigations into how Core Mining ended up being the recommended
investor, the five and Kurotwi were this week arrested for fraudulently
using the name of the Channel Islands-headquartered diversified natural
resources company, BSG Resources Ltd, to obtain a contract on behalf of Core
Mining.

Besides dealing with Core Mining, ZMDC also entered into another joint-
venture agreement with SA's New Reclamation Group, via its subsidiary
Grandwell Holdings, to form Condurango Investments, which traded as Mbada
Diamonds.

Mubayiwa, Mawarire, Muhonde, Tsomondo and Ndlovu conducted a due diligence
on New Reclamation and Core Mining from August 4 to 6 last year.

The joint ventures stirred a lot of controversy because it was formed
without going to tender.

Mugabe and Mines Minister Obert Mpofu approved Core Mining and the New
Reclamation Group as "strategic investors" and resisted efforts by MPs,
civil society groups and African Consolidated Resources (ACR) to investigate
how these companies had obtained their mining licences. ACR is fighting ZMDC
in the courts over the Chiadzwa diamond claims.

New Reclamation is a scrap-metal company which has no mining experience.
Core and New Reclamation could not be reached for comment.

The arrests came as Zimbabwe failed to secure permanent permission to export
diamonds at the Kimberley Process Certification Scheme (KPCS) meeting in
Jerusalem.

Israel Diamond Institute spokesperson Sharon Gefen said talks ended without
an agreement. Zimbabwe has been exporting diamonds under strict KPCS
conditions and monitoring as the regulating body is trying to end the use of
gems to fund armed conflicts.

Zimbabwe was initially banned from exporting diamonds by the KPCS in May
after it was found to be selling the gems illegally in Dubai.

Failure to secure permission to export diamonds has left Harare reeling, as
one of its sources of revenue could dry up. However, Mugabe and his
officials have threatened to look for alternative markets if KPCS continues
to block the sale of its diamonds.

Zimbabwe, which has huge reserves of diamonds, has even hinted it could
flood the world market with underpriced diamonds if not allowed to export,
something diamond traders fear could collapse the market.


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Farmers Tortured For Not Attending Zanu (PF) Rally

http://news.radiovop.com/

07/11/2010 20:33:00

MASVINGO, November 7, 2010- At least 15 resettled farmers from Cooden Farm
about 20 kilometers west of Masvingo town were severely tortured by Zanu
(PF) youths on Saturday evening for failure to attend a rally held in
Mangwandi area under Chief Zimuto.

The farm was grabbed from its white commercial owner 10 years ago.The
farmers who are being accused of being sell outs said they were threatened
with eviction from the resettlement area.
The marauding youths were being led by individuals identified as Abel
Mudzengi, John Musvavi and an accomplice only known as Samaz.
“We did not attend the rally because we were given a short notice and we had
other plans for the day but thugs later invaded our homesteads and started
assaulting us for being sell-outs,” said one of the farmers.

He said they were being labeled Movement for Democratic Change (MDC)
supporters and therefore the ward chairman Abel Mudzengi told them not to
prepare for the coming farming season because their fate was to be decided
by party elders.
However, Mudzengi who is also a war veteran refused to comment but warned
that ‘those who rush to the media are shooting themselves in the feet’.
“Why should I tell you what is happening in our area? Whoever is telling you
this story is adding paraffin on the burning fire,” said Mudzengi.
The tortured farmers said they were afraid to seek medical treatment at
Masvingo General Hospital as it might provoke the perpetrators.
“We are just trying to help each other while at home. We are afraid that if
we report them to the police or go to hospital, they might become more
dangerous and evict us over night or burn down our houses,” said one of the
victims.
Masvingo provincial police spokesperson Tinaye Matake said the police will
only act after getting a report from the farmers.
However, Zanu (PF) provincial chairman Lovemore Matuke said he needed to
talk to Mudzengi before giving a comment.


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Kariba Businessman Paying The Price For His Zanu (PF) Links

http://news.radiovop.com

07/11/2010 20:32:00

KARIBA, November 7, 2010- Tourism industry captains are battling to spruce
up the country,s previous image as a safe tourist destination following a
decade of political, social and economical turmoil.

But a Kariba based business man is literally paying the price for his
association with Zanu(PF), the party accussed by human rights groups and MDC
of being responsible for the violent election campaign in 2000, 2002 and
2008.
The violence which accompanied the previous elections forced foreigners to
stay out of Zimbabwe leading to the near collapse of the tourism industry.
Violence swept through towns such as Chinhoyi, Kadoma, Kariba and Karoi
ahead of 2002 presidential elections. Chinhoyi based terror gang, the Top
Six employed ruthless tactics against its opponents leaving a trail of
destruction and few bodies.
The gang was accused of commiting serious crimes such as abductions, murder,
rape and assaults but the youths were never brought to justice.Though Kariba
resort town looks majestically on the shores of the largest man made lake
generating electricity for the country, a senior Zanu(PF) member is battling
to convince local and international tourists to visit his hotel.
Even traditional weekdays of Gova vibes are no longer attracting foreign
tourists. Some locals say the hotel is cursed by the Gods because of
violence which left many MDC supporters dead.
This reporter observed that very few visitors including local tourists stay
at the hotel which was once a popular venue for tourists.
“ Some visitors stay for longer periods because they are not aware of the
hotel,s past but those who have information about political violence that
took place here don’t stay, ”said one hotel employee who spoke on conditions
that he is not identified.During the turbulent election campaigning days,
Zanu (PF) youths visited the hotel where they intimidated their
opponents.Some even allege that the attacks were launched from the hotel in
question.One of their victims was the late MDC supporter Luckson Kanyurira
who was abducted and brutally beaten to death.The youths were allegedly led
by Muneri Chakwana who is affectionately known as Black Jesus.
The team was hired by a well-known Zanu(PF) legislator in the area who
allegedly assigned them to weed the area of MDC.
Kanyurira's lifeless body was left at the local bus terminus for nearly 5
hours. Few people pleaded with marauding youths to take Kanyurira's body to
hospital but they acted as if they were possessed by demons and refused,
according to one resident. His death still haunts many residents of this
small community.

“ Kariba will never be the same again because of what happened here during
the elections, ” another resident told Radio Vop.
The Kanyurira murder case has died a natural death just like other cases
where Zanu (PF) members were implicated.Many of the 20 suspects and
witnesses to the violence and murders have died in mysterious
circumstances.President Robert Mugabe says elections should be held next
year and has said the coalition government with his MDC partners will not be
extended.
But the smaller formation of the MDC led by Arthur Mutambara says Zimbabwe
is not ready for elections.The party says the violence which left more than
200 MDC supporters dead is still fresh in the minds of many voters.


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South African Farmers Refusing To Help Zimbabwean Workers Get Permits: MDC Official

http://news.radiovop.com

07/11/2010 20:29:00

CAPE TOWN, November 7, 2010- Zimbabweans working on farms in South Africa,s
Western Cape province are living under difficult conditions and their
employers are refusing to help them with confirmation letters which they can
take to the Department of Home Affairs for special permits.

This was revealed to Radio Vop by Nqabutho Dube, the MDC-Mutambara,s
information secretary in South Africa.
Dube was in Cape Town last week visiting Zimbabwean farm workers and some
working in the city.The visit was to explain the amnesty which allows
Zimbabweans to be granted special four year permits as stipulated by an
agreement between Harare and Pretoria in August this year.
“ During my visit to the Western Cape I discovered that many Zimbabweans
working on the farms in the province were not well informed about the
amnesty which allows them to get work permits, ” said Dube whose party has
been involved in the negotiations with Home Affairs officials since August.
According to Dube, some of the challenges faced by Zimbabweans on the farms
in the Western Cape included poor working conditions and refusal by their
white employers to write them letters confirming their employment status.
After meeting the farm workers, Dube also met officials at the Department of
Home Affairs and visited Zimbabwe,s temporary passport office situated in
the suburb of Bellville in Cape Town.

“ We have found that the majority of Zimbabweans applying for passports at
the Bellville temporary documentation office are those from
Mashonaland.Zimbabweans from Matabeleland are in possession of South African
documents,” Dube told Radio Vop.
Zimbabweans who obtained South African passports and Identity Documents
fraudulently will not be prosecuted if they returned them before the
deadline of December 31.South African businesses who also employed
undocumented Zimbabweans will not be prosecuted until the amnesty is
over.Since the Zimbabwe dispensation programme started in September, Home
Affairs’s 46 offices in the country have processed more than 25 000
applications and rejected more than 300.Applicants receive text messages
informing them of the status of their application.
-Thabo Kunene


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Biti determined to save textiles industry

http://www.thezimbabwean.co.uk

Written by Lionel Saungweme
Sunday, 07 November 2010 14:45

Finance Minister, Tendai Biti, is determined to save the textiles and
clothing industry in Zimbabwe which is facing serious threats from cheap
imports from China. Biti, consistently expressed his concern about the sad
state of the industry during his recent country wide 2011 budget
consultative meetings.

Manufacturers and retailers want Government to immediately stop the
importation of cheap Chinese goods while cross border traders say duties
should be reduced so that they can survive the cut throat competition in the
industry.

Competing interests
“Clashing interests have seen established retailers complain that the
importation of zhing zhongs, as Chinese goods are called, is destroying the
industry,” said Biti.
“However, Cross Border Traders in Mutare are complaining of harassment by
police and immigration officials. They want to import their bales of second
hand clothing cheaper. At the present moment border authorities are
confiscating all the wares that are brought in illegally,” he added.
The Ministry of Finance’s consultative exercises are instrumental in
gathering input for the 2011 budget. One such meeting was held recently at
the Bulawayo Amphitheatre. Titled, Financial Context, Budget & Budgeting
Process, the consultation acknowledged, among other things, that government
must intervene to save the textiles and clothing sector.
Jerome Gardner, an executive with a clothing company, Power Sales, lamented
the industry’s lack of protection.
“We need more protection from cheap Chinese goods if we are to survive.
Government will need to safe guard the sector, so that we keep the jobs for
our employees, who in turn have dependants to sustain,” said Jerome.
In response Biti said: “That is why we are consulting, so that we come up
with a 2011 budget, that minimises, as much as possible, the conflict by
different players in the industry.”

Cross border traders
However, most Cross Border Traders told ***The Zimbabwean*** that government
must strengthen the informal sector. They want government to re-introduce
incentives in the sector as was the case in the past.
Angeline Ruomba who imports second hand clothes from Mozambique and Zambia
said government must support small traders like her so that they can grow
their businesses.
Labour remains vehemently opposed to cheap imports.
“We note with serious concern the deafening silence from authorities who
watch helplessly as cheap goods are dumped in the country. The importation
of low-priced and sub standard Chinese goods has had a negative impact on
viability and growth of the clothing industry in Zimbabwe,” said Joseph
Tanyanyiwa, the General Secretary of the National Union of the Clothing
Industry.
“If protected adequately, the industry has the potential and capacity to be
used as a vehicle for economic growth...and significantly contribute towards
the reduction of unemployment. As social partners in the clothing industry,
we have a plan which is still at its infancy. We hope it will go a long way
in curbing both the smuggling and importation of cheap and substandard
goods,” he said

Lack of government support
Economic commentator, Eric Bloch was dismayed by the lack of recognition of
the clothing and textile industry after Biti’s 2010 budget presentation.
“Biti has reduced the customs duty, on clothing and textiles. He’s made the
imported ones even cheaper, thereby destroying that major, major sector of
our economy,” he had lamented at the time.
He had pointed out that the industry China gave its textile and clothing
manufacturers, an export incentive of 180% of the wages contained in the
export. This meant that the manufacturer had no labour costs as the Chinese
Government was paying all of it. The Chinese government also paid another
80% towards all the other manufacturing costs.
“So before that t-shirt, baby jersey or that dress, has even left the
factory in China, it has already made a profit. As a result the price is
exceptionally low to the customer here, and the local textile manufacturer
can’t compete against that,” he explained.
Bloch said this did not mean the industry should not compete against
imports, but pointed out that the playing field must be level with a customs
duty regime which forces the imported product to be in the same price range
as the local product. The competition should be based on quality,
reliability and delivery.
Another economist, Eddie Cross said a lot of goods were coming in duty free
because of corruption at the border post.
He also blamed wrong policies that failed to support the economy as the
reason why many companies were failing to complete. He said in 1999,
Zimbabwe produced and sold 20 million pairs of shoes but last year
production had gone to only 1.6 million. He said the trend was the same in
many sectors.
The textile and clothing industry was in the past considered to be the
greatest employer in Zimbabwe after agriculture.
Critics feared the sector will be destroyed like the agricultural industry
which was killed after the chaotic and violent land invasions of 2000.


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Putting land in the hands of women

http://www.thezimbabwean.co.uk

Written by MARGRET MASANGA - JOHN AND DESTELIA NGWENYA
Sunday, 07 November 2010 14:01

GUTU - The Ruti irrigation scheme in Gutu, Zimbabwe, aims to empower women
by addressing issues of access to and control of land. Ipaishe Masvingise is
visibly excited by the thought of growing her own crops. “I have always
longed to own a piece of land where I can satisfy my desire for farming,”
she enthuses as she surveys her allotment in the Ruti irrigation scheme.

Oxfam established the scheme in 2009 in wards 13 and 14 of Gutu district,
Masvingo Province, and recently opened a pipeline that will carry water from
Ruti Dam to a 20ha piece of land three kilometres away. The area is
predominantly dry and the pipeline will literally inject life into the
parched landscape and the people living there, benefiting up to 25,000
households.
The scheme aims to put 60ha of land under irrigation and teach 240 farmers
about farming as a business, market linkages and agronomy practices. The
overall goal is to increase food security for 50,000 people in the district
by the end of the project in 2012.
For Ipaishe, the scheme is a turning point in her life. It aims to empower
women by addressing issues of access to and control of resources. “It is a
dream come true,” she says. “I cannot wait for the actual farming to start
so I can prove my worth.”
Ipaishe enjoyed a simple life until 1997 when her husband died. Widowed and
without a source of income, her in-laws sent her and her daughter back to
her parents’ home with nothing but their clothes, blankets and the bed she
had shared with her late husband.
Going back home would present new challenges for Ipaishe. “ Being a widow is
hard enough to deal with, without the stigma that comes with the fact that
you have returned home after having been married,” she says. What hurt the
most is that everyone would refer to her as “mvana yekwaMasvingise”
(Masvingise’s daughter who returned to her parents’ home).
While trying to adjust to her new situation, the need for a regular income
became an ever-growing reality. Ipaishe knew she wanted to grow crops for a
living, something she had always enjoyed doing. “I have always had a passion
for farming,” she says, “but the biggest challenge I faced at the time was
that I always had to wait for my father to decide which part of the field I
would till each season.” As a widow she could only till the land allocated
to her by her father and had no major decision-making powers over the land.
Tradition dictates that a woman cannot own land and because she is
considered to be under the care of either her husband or her father at any
given time, she is only able to access land under their direction. In the
event that the husband is deceased, the male child will inherit the land
when he comes of age, and the woman will have to consult the child or her
husband’s male relatives if the child is too young.
Consequently, Ipaishe’s livelihood has always been in the hands of others.
But with the Ruti irrigation scheme this will be a thing of the past. The
opportunity presented by the project could not have come at a better time.
“I want to show all women in this ward that losing a husband is not the end
of the world,” Ipaishe says with certainty. With a little help, her strength
of conviction and passion for farming her land is likely to give in
abundance. -  Oxfam


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Green gives hope to Chipinge

http://www.thezimbabwean.co.uk

Written by Fungi Kwaramba
Sunday, 07 November 2010 16:24

CHISUMBANJE - A project called Green has given hope to the Ndau people and
the surrounding communities in Chipinge who have been staying in an arid
area where everyone never thought anything good could come out of the place.

The project, which will see the production of ethanol with the aim of making
fuel and electricity, has given smiles to the once forgotten society as more
than 3500 jobs have so far been created.
Sugar cane will be used to produce ethanol and some analysts have described
the project as a beacon of hope for the country's agriculture.  Investors
pumped US$270 million in the project and are confident they will recoup all
their money in 10 years time.
"We would like to produce ethanol by March next year and we would like the
project to help in providing fuel to the country. Apart from fuel production
we would also want to produce electricity that we will use for our ethanol
plant," said Graeme Smith, the Managing Director of Green.
In 2008 government owned Agriculture and Rural Development Authority, which
owns Chisumbanje and Middle Sabi Estates, where sugar cane production has
taken off already, embarked on a turnaround drive to find investment
partners to rehabilitate its properties.
Passionate farmers whose land had been seized by the government of Zimbabwe
during the Land Reform programme came into the project. They agreed with
ARDA on a 20 year Build Operate Transfer (BOT) Agreement.
About 40 000 hectares of cane will be developed in Chisumbanje with the
balance cultivated in Middle Sabi.
In an area that is shunned by investors because of the climatic conditions,
there was little hope for the people there. Many, like thousands of
Zimbabweans, have migrated to South Africa.
The investments in Chipinge have created over 3500 jobs and there are
prospects for more.
"Chisumbanje ethanol project has to date created more than 3500 jobs in
rural Chipinge in the agricultural and construction region. The bulk of the
employees are local villagers who have previously in the most arid corner of
the country, we have some foreign employees who are training the locals at
the end of the day we would like the local people to manage the project,"
said Smith.
The company is presently selling mature cane to Triangle Sugar Industries as
it has failed to meet the envisaged September deadline for the completion of
the plant.
"We have had to sell the produce to Triangle otherwise the cane could go
bad. At the moment we are 30% through with the project that we started in
May this year. We are going to start in March.”
The people in the area said the project was something worth celebrating
because it had improved their standard of living. Dilapidated houses had
been renovated and people in the vicinity of the estates were set to benefit
from the irrigation scheme projects.
"Villagers are not going to be relocated rather they would be integrated
into the project as sugar cane growers while those who do not want to grow
sugar would be free to produce their own chosen crop," said Smith.
Despite the ray of hope there is still uncertainty on the part of investors.
"We have had a few people coming to invest in the project and we have
received positive feedback however there is still insecurity. But we would
like to show people what the project can do. Our project confirms to the
laws of the country.”


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Bennett is our candidate: villagers

http://www.thezimbabwean.co.uk

Written by Marcus Tawona
Sunday, 07 November 2010 15:53

CHIMANIMANI - Villagers here who support Prime Minister Morgan Tsvangirai’s
MDC party say they will not accept anyone else other than party treasurer
general Roy Bennett as their candidate in elections widely expected next
year. (Pictured::Roy Bennett – Our man, say villagers)

The villagers who spoke to The Zimbabwean on Sunday claimed that the war
veterans and Central Intelligence Organisation agents were moving around the
area threatening to mete out unspecified but serious punishment against the
villagers should they elect Bennett back to Parliament.

"We don't have any substitute for Bennett at the moment because we believe
this man was not given enough time by Zanu (PF) thugs to perform his duties
to the fullest. Despite threats from Zanu (PF) and war veterans to discard
Bennett and vote for their imposed candidate, we will not be moved," said a
local villager Tashinga Mutambudzi.

Another villager who only identified himself as Mukaro said: "Bennett is a
principled man and a champion of democracy … this man has been doing a lot
to transform our lives through income generating projects but Zanu (PF)
supporters are retrogressive they hate such people."

"We are a very democratic community. Those who want to try their luck can
come provided they do it in a peaceful manner because Bennett taught us to
use peaceful means to win the minds of people," said another villager who
campaigned for the legislator in 2008 harmonised elections.

Bennett, a white former commercial farmer who is known here as Pachedu, is
hugely popularly in the area and in 2000 beat the Zanu (PF) candidate for
the Chimanimani House of Assembly seat.

But he has ever since faced persecution from state law enforcement and
security agents who have accused him of several crimes including treason. He
last week announced he was returning exile in South Africa fearing alleged
relentless judicial persecution.

Bennett first sought political asylum in South Africa in 2006 after the
state implicated him in an alleged plot to assassinate President Robert
Mugabe during a visit to Mutare, in eastern Manicaland province, where
Bennett once worked a commercial farm before losing it to land reform,
subsequently representing the constituency of Chimanimani.

He spent eight months in the infamous Chikurubi Maximum Security Prison in
2004-2005 under a parliamentary bill of attainder for shoving Justice
Minister Patrick Chinamasa on the House floor in a 22003 debate on land
reform.

Bennett was arrested again in February 2009 upon returning to Zimbabwe after
2008 elections gave the combined MDC formations a House majority. He was
named deputy minister of agriculture, but Mugabe has refused to swear him
in, even after the High Court threw out treason charges, a decision the
state quickly appealed.


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1,3m in need of food aid

http://www.thezimbabwean.co.uk

Written by YEUKAI MOYO
Sunday, 07 November 2010 12:34

HARARE- A national survey has indicated that Zimbabwe will face another food
crisis as more than 1,3 million nationals will need food aid to reach the
harvests of the next season. According to the National Nutrition Survey,
close to 1,3 million individuals will be in need of food supplies as the
country reserves cannot reach the end of the next season.

The survey further indicated that about 36 percent of children below the age
of five suffered from malnourishment hence there was great need of expedited
national and household food security response from the government and its
strategic partners.
The government, which is not in a position to solely address the looming
crisis, has called for a State-Non-governmental organisation partnership to
improve agriculture productivity and food security.
Speaking on behalf of other humanitarian organisations, Catholic Relief
Services country representative, Paul Townsend, assured to assist the
struggling government to address food shortages in the country.
“Our relationship with the government lies in the common interest of serving
the people. This means that we will always extend our hand in all matters to
do with people’s well being,” he said.


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Iam not the one - Mbanga

http://www.thezimbabwean.co.uk

Written by Gift Phiri
Sunday, 07 November 2010 07:39

HARARE – Zimbabwean newspapers editor Wilf Mbanga has denied publishing a
story implicating state agents in the suspected murder of a senior elections
official and said a warrant for his arrest issued at the instigation of
Justice Minister Patrick Chinamasa was based on personal hatred rather than
the law.

The Zimbabwe Republic Police and the spy Central Intelligence Organisation
(CIO) last week launched a joint “manhunt” for the UK-based editor who
publishes two titles, The Zimbabwean which comes out on Thursday and The
Zimbabwean On Sunday.

Police spokesman Andrew Phiri told state television that Mbanga was wanted
for “undermining” President Robert Mugabe after he allegedly published a
story about the death in highly suspicious circumstances of former Zimbabwe
Electoral Commission (ZEC) director for polling Ignatius Mushangwe.

Phiri said Mbanga was wanted for questioning after implicating President
Robert Mugabe and senior security officials in Mushangwe’s suspected murder
two years ago.

According to the Zimbabwe Broadcasting Corporation, the article purportedly
published by The Zimbabwean insinuated that Mushangwe was murdered at Mugabe’s
instigation for allegedly leaking the results of disputed presidential
elections held in March 2008.

The police spokesman claimed that the paper published falsehoods by claiming
that there was a meeting attended by Mugabe, Emmerson Mnangagwa and CIO Boss
Happyton Bonyongwe and former ZEC chairperson George Chiweshe where it was
agreed to eliminate Mushangwe.

Mbanga denied there was ever such a story published by his newspaper.

“We have checked our archives and we have no record of this story. We did
not publish the story. In fact, we are aware that the story was carried by
another publication which is something the police could easily ascertain for
themselves,” said Mbanga.

He blamed the latest onslaught on himself on a personal vendetta harboured
by Chinamasa since 2007.

“Patrick Chinamasa is pursuing a personal vendetta against The Zimbabwean
and me personally. He has hated The Zimbabwean since its inception. In 2007
he sued us for a story published in2005 about his marital arrangements. The
matter is still pending,” said Mbanga.

He added: “This is an abuse of his office and of public funds. The police
are allowing themselves to be used to settle personal matters.”

Chinamasa published a different statement in all newspapers accusing The
Zimbabwean newspaper of planning to "discredit our institutions including
CIO and ZEC."

Chinamasa also denied details of an article published last month titled 'CIO
trains ZEC officials'. The story – that The Zimbabwean stands by -- exposed
details of how ZEC officials were receiving training from CIO operatives on
new techniques of electoral fraud

Chinamasa, the Zanu (PF) point-man on legal affairs, claimed the paper was
"serving certain political interests," without elaborating.

The fact that the warrant came hardly two weeks after Mugabe called for a
fresh poll is alarming, especially since the Zimbabwean titles have been the
targets of a barrage of government attacks during election campaign periods.

In 2008, a whole truck carrying copies of the newspaper was seized and burnt
by unknown people suspected to be military intelligence agents.

Critics fear the attempts to frame Mbanga over the Mushangwe story were part
of a wider plan to crackdown on the veteran journalist’s papers and force
them to tone down their criticism of political violence and human rights
abuses ahead of polls.

But Mbanga insists his papers will continue to report on the Zimbabwean
story as it unfolds, without fear or favour.

He said The Zimbabwean would soon approach the Voluntary Media Council and
the Zimbabwe Media Commission to ask the bodies to intervene to ensure
journalists lawfully carrying out their work are able to do so without being
threatened or their lives endangered by state officials and others seeking
to hide from the media spotlight.


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Zimbabwe Vigil Diary – 6th November 2010

The release of a UN report naming Zimbabwe as the worst country in the world to live in prompted debate at the Vigil on how we can get the UN to do something about it – namely to send a peacekeeping mission to ensure that the promised elections next year are not a repeat of the violent 2008 charade.

 

The report by the UN Development Programme said Zimbabwe was poorer that 40 years ago. It ranks Zimbabwe at the very bottom of a list of 169 countries for which figures were available; it has the lowest income per head – 40% lower than the second worst-off country, the DRC. (See: Norway best, Zimbabwe worst places to live: UN – http://www1.zimbabwesituation.com/old/nov6_2010.html#Z11).

 

Another startling report (see: http://www1.zimbabwesituation.com/old/nov5_2010.html#Z13 – Life Expectancy for Zimbabwe Women Falls) says life expectancy for women in Zimbabwe is now 30 – four years less than when the coalition government was formed! Ok, one wonders how accurate statistics for Zimbabwe are, but they all tend to undermine the case for the continuance of the current regime. 

 

If things are not getting better why continue along a sterile path?  Investment is not flowing into Zimbabwe. The only thing flowing into Zimbabwe is Western aid and that will not turn around the situation for our desperate people.

 

The Vigil has been hearing the despairing voices of the people of Muzarabani in the borderlands of Mashonaland Central and Mozambique. They say they are prepared to sell their chickens and goats to help finance foreign observers: ‘If we are to have elections next year we want the UN and EU to come and observe the elections . . . What does it take for them to come and protect us? If it is money, we villagers in Muzarabani are prepared to sell our chicken and goats to pay them to come. We cannot have a repetition of 2008 when SADC observers were relaxing in hotels while we got beaten here! . . .‘ said Mr Goto, during one Heal Zimbabwe meeting at Machaya village.

 

The Vigil  is also prepared to sell our chickens and goats to get free and fair elections. The Vigil is working through our partner Restoration of Human Rights in Zimbabwe (ROHR) to resist violence and work for a peaceful Zimbabwe. ROHR is leading a consortium of four organisations which had a meeting in Zimuto in Masvingo Province, one of the first places to be hit by the 2008 violence (see:  Resist instigators and agents of violence! – http://www.rohrzimbabwe.org/Latest-News-from-ROHR-in-Zimbabwe/). We support their determination to stand up for peace and, as they put it, ‘repossess the keys to the gates of Zimuto’.

 

The Vigil is hoping to present the following petition to the UN soon: ‘We call on the Security Council to ensure that the next elections in Zimbabwe are free and fair. We look to the United Nations to supervise the electoral process and the handover of power to a new government and believe peace-keeping troops will need to be in place before, during and after the polling.’ We are thinking of submitting the petition through the European Union via our good friend Geoffrey Van Orden, MEP, who has been an implacable opponent of the Mugabe regime. 

 

President Zuma recently addressed the European Parliament’s Foreign Affairs Committee and was urged by Mr Van Orden to do more to resolve the ongoing political turmoil in Zimbabwe.

 

Mr Van Orden commented:  "I put it to President Zuma that South Africa has been reluctant to show regional leadership on Zimbabwe and has acquiesced while the Mugabe clique brutalised their country. In spite of some changes following the Global Political Agreement, Mugabe's people still grasp the levers of power. Key elements of the economy - especially the diamond mines at Marange - are plundered for their personal enrichment.  The restrictive measures are aimed specifically at Mugabe and his immediate supporters - they are not sanctions against Zimbabwe as such and have played no role in the economic decline of the country. It would therefore be premature to remove them until genuine democratic change had been achieved. Rather than calling for the EU's restrictive measures to be removed, I urged President Zuma to be more active in forcing the pace of change.”

 

We are hoping that Mr Van Orden will be able to visit us soon so we can pass on our petition, which has been signed by thousands of people from all over the world passing along the Strand.

 

Other points

·       This week was one of joy and sorrow for the Vigil.  We rejoiced at the news that a baby daughter, Mandisa, was born to our co-ordinator Dumi Tutani and his wife Gugu, also a Vigil management team member. We grieved with Godfrey Madzunga whose mother died suddenly in Zimbabwe.  We prayed and sang for Godfrey and his family at the Vigil today and a collection was made to help him at this difficult time.

·       We were all transfixed by the Zimbabwe Tourist Authority’s new video shown in the Embassy window.  It depicts white tourists having a luxurious spa treatment and patting elephants and lions on the head. No wonder one tourist was eaten by lions recently! ‘The mystique of the Eastern Highlands’ is the title of the video which strangely enough has no pictures of the desperate scrambling for diamonds . . .

·       The Vigil was surprised not to receive an invitation from the Foreign Office to a meeting on Monday with the British Ambassador to Zimbabwe.  We only heard about the meeting by chance.  The Foreign Office seems to prefer dealing only with a Zimbabwean group set up by the UK government. See ‘Events and Notices’ for how to attend.  The Ambassador will also be speaking at Chatham House in London on Wednesday.

·      We recommend you read Solidarity Peace Trust’s ‘Initial Thoughts on the Matabeleland Constitutional Outreach Experience’ – https://www.zimbabwesituation.com/old/nov2_2010.html#Z1  for why the programme has been such a colossal waste of time and money. Why the West funded this fiasco instead of reforms to make a free and fair election possible we will never know.

·       Front desk lady Josephine Zhuga has been invited to talk about  the situation in Zimbabwe and the achievements of the Vigil at a meeting of the Women’s International League for Peace and Freedom on Monday 15th November. See ‘events and notices’ for time and venue.

·       Thanks to Loreta Govere for stepping in to help with the register today.

 

For latest Vigil pictures check: http://www.flickr.com/photos/zimbabwevigil/. For the latest ZimVigil TV programme check the link at the top of the home page of our website. 

 

FOR THE RECORD: 140 signed the register.

 

EVENTS AND NOTICES:

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

·       Meeting on the situation and politics in Zimbabwe. Monday 8th November from 2 – 3.30 pm. Venue: Foreign and Commonwealth Office, King Charles Street, London, SW1A 2AH. The invitation to Zimbabweans is from The Minister for Africa, Henry Bellingham MP, and will be chaired by the British Ambassador to Harare, Mark Canning. Register your name with Margaret Belof (Margaret.belof@fco.gov.uk or 020 7008 2930) so that a security pass can be prepared in advance.  It is advisable to arrive ten minutes early.

·       Furthering Zimbabwe Debate in the United Kingdom. Wednesday 10th November from 1.30 – 2.30 pm. Venue: The Royal Institute of International Affairs, Chatham House, 10 St James's Square, London SW1Y 4LE. Participants: Henry Bellingham MP, Minister for Africa; Mark Canning, Ambassador to Zimbabwe; Dr Knox Chitiyo, Head of the Africa Programme, Royal United Services Institute; Chair: Dr Robin Niblett, Director, Chatham House. To secure a place email: tamare@chathamhouse.org.uk but hurry, the meeting is filling up fast.

·       ROHR Liverpool general meeting. Saturday 13th November. Venue: Kensington Methodist Church, Liverpool L7 2RN. Contact: Anywhere Mungoyo - 07939913688, Trywell Migeri 07956083758, Netsai Karota 07767483180 or P Mapfumo 07915926323 / 07932216070.

·       Talk about the situation in Zimbabwe and achievements of the Zimbabwe VigilMonday 15th November from 6.30 – 8.30 pm. Venue: Commonwealth Club 25 Northumberland Avenue WC2 – dowstairs room is booked in the name of Jane Grant. Speaker: Josephine Zhuga of the Vigil. Organisers: Women’s International League for Peace and Freedom.

·       ROHR Bournemouth Anniversary and Christmas Party. Saturday 20th November from 2 – 10 pm. Venue: Strouden Community Hall, Bradpole Road, Strouden Park BH8 9NY near Castle Point shopping Centre. Music, sadza, maguru, braai, drinks etc. Contact Sekai Mujeyi 07772211220, Sledge Bova 07788850146, Tari Mashawi 07843614091, Abi Nzimba 07780831455 or P Mapfumo 07915926323/07932216070

·       ROHR Basildon and Thurrock fundraising day. Saturday 20th November from 1.30 – 1030 pm. Venue: WRVS, Richmond Road, Benfleet SS7 5HE. Food, drinks, music. Contact: Tobokwa Malikogwa 07865156381, Nhamo E Kumumvuri 07623337115, Stephen Kamumvuri 07961677573 or P Mapfumo 07915926323 / 07932216070

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

·       Vigil Facebook page: http://www.facebook.com/group.php?gid=8157345519&ref=ts.

·       Vigil Myspace page: http://www.myspace.com/zimbabwevigil.

·       ‘Through the Darkness’, Judith Todd’s acclaimed account of the rise of Mugabe.  To receive a copy by post in the UK please email confirmation of your order and postal address to ngwenyasr@yahoo.co.uk and send a cheque for £10 payable to “Budiriro Trust” to Emily Chadburn, 15 Burners Close, Burgess Hill, West Sussex RH15 0QA. All proceeds go to the Budiriro Trust which provides bursaries to needy A Level students in Zimbabwe

·       Workshops aiming to engage African men on HIV testing and other sexual health issues. Organised by the Terrence Higgins Trust (www.tht.org.uk). Please contact the co-ordinator Takudzwa Mukiwa (takudzwa.mukiwa@tht.org.uk) if you are interested in taking part.

 

Vigil Co-ordinators

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

 [

 


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Constitution Watch 23/2010 - 6th November (The Law Society's Model Constitution)

CONSTITUTION WATCH 23/2010

[6th November 2010]

The Law Society Model Constitution

Introduction

On the 29th October the Law Society of Zimbabwe unveiled a model constitution for Zimbabwe.  The Society’s reason for producing the draft was to guide the debate that is currently being conducted by COPAC and to provide a further model on which COPAC can base its own draft.

The Society spent more than a year in preparing its draft, a process which involved getting ideas from its members and from the public, and consulting experts both inside and outside the country.  Among its clauses are some new ideas that could with advantage be incorporated into a new Zimbabwean constitution.  [Full text available on request]

Outline of the Model Constitution

The Law Society’s model constitution owes much to the South African constitution [as does every other draft that has been produced in this country since 1999] though there are many differences.  Of particular note are the following:

·      an extensive and enforceable Declaration of Rights,

·      the vesting of executive functions in an elected Prime Minister rather than in a President, and

·      an extensive decentralisation of power to the provinces.

Main features

Fundamental Principles

Certain fundamental constitutional principles are laid down in the first clause, among them the supremacy of the Constitution and the rule of law;  a multi-party democratic system;  the equal and inherent dignity and worth of every human being without distinction;  respect for human rights and due consideration for vested rights;  and devolution of governmental functions and powers.

The Declaration of Rights

The Declaration of Rights will protect most internationally-recognised human rights, socio-economic as well as civil and political, in particular the following:

·      Right to life:  the death penalty will be abolished.

·      Freedom of conscience, expression and the media:  academic freedom and press freedom will be protected, as will the right of journalists to protect the confidentiality of their sources of information.

·      Administrative justice:  decisions of public officers will have to be lawful, rational, proportionate and procedurally fair and will be subject to review.

·      Property rights:  No one will be subjected to deprivation of property except in the public interest and subject to the payment of adequate compensation.  [This, incidentally, will protect people resettled on farms that have been expropriated from their former owners in the past 10 years.]

·      Environmental rights and rights to housing, education, health care, food and clean water:  these social and economic rights will be protected, subject to the State’s ability to provide them.

·      Children, older people, women and disabled persons:  these people will enjoy particular protection.

·      Rights of arrested and detained persons:  as is to be expected in a draft produced by the Law Society, arrested and detained persons are given extensive protection.  They will have a right to remain silent and to be informed of their rights.

·      Rights of accused persons:  again, the rights of these persons are given extensive protection.  In particular, illegally-obtained evidence will be inadmissible against them [this is not the case in Zimbabwe today].

·      Enforcement of the Declaration of Rights:  Any court will have power to remedy breaches of the rights protected by the Declaration of Rights, and anyone will have a right to seek such a remedy.

The Legislature

Under the draft there will be a bicameral legislature consisting of a National Assembly and a Senate.  Both will be elective bodies [there will be no appointed members] and in each House half the members will be elected on a constituency basis and half by a system of proportional representation.  This will ensure close contact with local electorates and adequate representation of smaller parties.

Primary legislative power will vest in the National Assembly;  the Senate will not have power to initiate legislation but will be confined to checking, scrutinising and amending Bills passed by the National Assembly.

Parliament will be elected for a fixed five-year term, and each House will determine when and for how long it sits.  In this important respect, therefore, Parliament will be independent of the Executive.

Both Houses of Parliament will be obliged to conduct their business openly and to facilitate public involvement in their legislative processes.  The enactment of subsidiary legislation – regulations, by-laws, etc. – will require appropriate consultation with interested parties.

There will be a Parliamentary Appointments Committee to select candidates for appointment to Commissions and other constitutional posts through a public selection process.

Elections

Parliamentary elections, and elections to the office of Prime Minister, will take place concurrently on dates fixed by an Independent Electoral Commission.

Constituencies will be delimited every 10 years by an ad hoc Delimitation Commission, not by the Independent Electoral Commission.  Members of the Delimitation Commission will be appointed in the same way as members of the Electoral Commission.

The Executive

There will be a non-executive President who will be Head of State.  He or she will be elected by Parliament for a maximum of two six-year terms.  The President will have to act on the advice of the Prime Minister or the Cabinet when carrying out his or her functions.

The Prime Minister will be Head of Government, and he or she will be elected through a nation-wide ballot for a five-year term, though the National Assembly will have power to vote him or her out of office.  There will be a maximum of 15 Ministers, who will be appointed by the Prime Minister, not the President, and will hold office at the absolute discretion of the Prime Minister.

The Courts

The draft constitution will establish three main courts:  a Constitutional Court to decide constitutional cases, a Supreme Court to deal with general appeals, and a High Court to deal with cases at first instance;  there will also be magistrates courts.  Special courts such as the Labour Court and the Administrative Court will be incorporated into the High Court as specialised divisions.  This represents a welcome and overdue rationalisation of Zimbabwe’s court system.

Judges will be appointed by the President on the advice of an independent Judicial Services Commission.  In the case of the Chief Justice and other senior judges, however, the President will act on the advice of the Prime Minister in choosing from a list of candidates put forward by the Judicial Services Commission.  The appointment of all judges will be subject to approval by the Senate.

Prosecution of Criminal Cases

The Attorney-General will be the Government’s chief legal adviser and, as at present, will attend Cabinet meetings but he or she will not be responsible for prosecuting criminal cases:  that will be the function of an independent prosecutor-general.

The Legal Profession

As is to be expected in a draft put forward by the Law Society, the legal profession gets special mention and special protection.  This is not just a case of the Law Society protecting its own, however:  the legal profession plays a vital role in upholding human rights and preserving the constitutional order, and the protection given to the profession will enable it to carry out this role.

Security Services

The security services — the Defence Forces, the Police Service, the Prison Service and any intelligence services — will be subject to civilian, and particularly parliamentary, scrutiny and control.  There will be a complaints mechanism for dealing with complaints of misconduct on the part of members of the security services.

The commanders of each service will be appointed by the President on the advice of an independent Security Services Commission, and their appointments will be subject to approval by the Senate.

Independent Commissions

In addition to a Judicial Services Commission, a Public Service Commission and a Security Services Commission, there will be several other independent commissions:

·      an Independent Electoral Commission to conduct elections;

·      a Human Rights Commission to foster human rights generally;

·      a Gender and Anti-Discrimination Commission to ensure gender equality and prevent unlawful discrimination;

·      a Truth, Justice, Reconciliation and Conflict Prevention Commission to provide remedies for victims of past human-rights abuses and to promote reconciliation;

·      a Media Commission to protect media freedom and to encourage media practitioners to develop codes to regulate their conduct;

·      a Land Commission to administer State land and to deal with resettlement and issues of land tenure;

·      an Anti-Corruption Commission to deal with corruption in all spheres.

There will also be two other commissions which have not been suggested in any other draft constitution put forward in this country since 2000:

·      a Financial and Fiscal Commission, to advise on the level of provincial taxation and on the division of revenues between central, provincial and local government bodies, and

·      a Salaries and Remuneration Commission, which will have to be consulted on the levels of remuneration of all public officers and employees of provincial and local authorities.

Provincial and Local Government

As indicated earlier, there will be extensive devolution of power to the provinces, with each province having its own elected governor and legislature and its own public service and police service.

Provincial legislatures will have power to make laws for matters such as planning, tourism, education and health, in so far as they affect their provinces, and the draft deals with the resolution of conflicts between provincial and national legislation.  Provinces will also be empowered to raise their own taxes.

Local government institutions — urban and rural councils — will also be recognised and given as much autonomy as is compatible with good governance.

Conclusion

The Law Society’s draft will not satisfy everyone, and there are points that are open to criticism:

·      It is doubtful whether conferring all executive power on a Prime Minister, rather than on a President, will lead to a more balanced distribution of power within the Executive branch of government.

·      On much the same point, the draft should perhaps have provided for the Prime Minister to be elected by Parliament, as is the case with the South African President, rather than at a nation-wide election.  This would have given Parliament greater power over the Executive.

·      If the Senate is to have no power to initiate legislation, one wonders whether it is worth having a Senate at all.

·      The elaborate system of provincial governments set up in the draft may prove unduly expensive to maintain, and there is no guarantee that they will be more effective and less corrupt than the central government.

Despite these criticisms, the draft contains a great many provisions which, if properly implemented, will ensure the maintenance of human rights and the rule of law, and will help to heal the divisions of the past.

Overall the draft, while not perfect is certainly the best to have been produced so far compared to the present mutilated Lancaster House Constitution, the NCA draft, the Chidyausiku Commission draft and the “Kariba Draft”.

 

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

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