• SA envoy held by Zimbabwe farmers
• Parties: SA should step in
• SA heads for Zimbabwe-style land grabs: CFU
• Zimbabwe: 'Quiet Diplomacy'
• SA battles itself over Zim
• Kansteiner lashes Mugabe over rights
• Price control in court test
• Mugabe seeks help from Annan on land
• Zimbabwe not ready for Nepad's peer review
• USAid ends funding of Campfire projects
• Rights violators liable for ICC prosecution
• Jenni Williams seizes ZIPR trophy
• Succession team leaves divisions in wake
• Mahoso claims Misa defying law
• Frustration with Mugabe hits food aid
• Donors/govt on collision course
• The nation’s wish-list for the 2004 budget
• Mugabe needs a tour of Harare Hospital
• Budget no panacea for deepening crisis
• Zimbabweans want early elections
• Farmers cautioned over fake seed
• Call is ringing for the youth
• The game plan
• Judiciary must not be too timid
• Mugabe exposes own failure as a leader
• Press freedom light years away in Africa
• Zimbabwe farm union forecasts even smaller harvests
• Environment Debated in US Congress

SA envoy held by Zimbabwe farmers

The government supporters barricaded Mr Ndou's car South Africa's high commissioner to Zimbabwe was briefly held by government supporters during a visit to a farm formerly owned by a white farmer. Jeremiah Ndou was detained for a short time at the farm in the north west of the country, according to reports on Zimbabwe and South African television. The farm, which was previously owned by a white South African, had been allocated to black farmers under President Robert Mugabe's resettlement programme. The envoy is said to have been detained for taking a television crew to the farm "because there had been a number of stage-managed situations in the area aimed at portraying lawlessness in Zimbabwe". 'Quiet diplomacy' South African Broadcasting Corporation (SABC) said the settlers used a tractor to barricade Mr Ndou's car and they warned him they would mobilise more people. An SABC reporter said that even a police officer at the scene could not do much to help the situation. South Africa is criticised for being too soft on Zimbabwe He added that the high commissioner was warned against continuing with business at some other commercial farms. The state-owned Zimbabwe Broadcasting Corporation (ZBC) said Mr Ndou was released after the intervention of Mashonaland West provincial governor Peter Chanetsa. ZBC said Mr Ndou was later summoned to the ministry of foreign affairs, where it was discovered that he had no government clearance to visit the area. South Africa has been criticised for maintaining a policy of "quiet diplomacy" during Zimbabwe's political and economic crisis. Some South African cabinet ministers have even endorsed the Zimbabwe Government's land reform programme, to the anger of opposition groups.

Cape Town - Political parties called on government on Friday to intervene in
the incident involving South Africa's High Commissioner to Zimbabwe,
Jeremiah Ndou, this week.

Ndou was reportedly called before Zimbabwe's ministry of foreign affairs
because "he had not been given clearance" to visit a farm, formerly owned by
a white South African.

He was also apparently barricaded in the farmhouse for some time by a group
of land invaders on the farm.

Democratic Alliance chair Joe Seremane said Foreign Minister Dr Nkosazana
Dlamini-Zuma should clarify whether white-owned farms in Zimbabwe had been
declared national security concerns, in terms of the Vienna Convention.

"If this is not the case then the minister must demand reasons why South
Africa's representative in Zimbabwe has been interrogated by the Mugabe
regime," he said.

Diplomats are protected by the Vienna Convention on Consular Relations and
Optional Protocols adopted in 1963.

Article 34 of the Convention, titled "Freedom of Movement", stated that
diplomats could only have their movement restricted where there was a
national security concern.

National security

Ndou's treatment raised a number of questions, including had Zimbabwe
declared formerly white-owned farms areas of concern to national security?

If so, why was President Thabo Mbeki brokering peace deals in Burundi when
there was a national security concern on South Africa's border and which
directly prohibited the movement of foreign diplomats?

If Zimbabwe had not declared formerly white-owned farms a threat to national
security, why was the High Commissioner forced to gain permission to move
round the country? Seremane asked.

"Zimbabwe must accord South African representatives the same respect
accorded to their representatives here in South Africa.

"Failure to do so is not only in violation of international protocol, but
suggests that the Zanu-PF government is desperately trying to conceal the
real situation in the country," he said.

NNP: Mbeki must intervene personally

New National Party foreign affairs spokesperson Dr Boy Geldenhuys called on
Mbeki to intervene personally.

"The detention of South Africa's High Commissioner to Zimbabwe by a group of
land invaders is in breach of international rules and calls for intervention
at the highest level," he said.

Mbeki should intervene personally and make it clear to Mugabe that the
safety of South Africa's diplomatic staff in Zimbabwe was non-negotiable and
strong action would be taken if something similar happened.

Zimbabwean President Robert Mugabe should apologise to South Africa in
public.

At the same time, Mbeki should use his personal influence to see to it that
there was urgent compliance with the agreement that land of residents of
Southern African Development Community countries would not be seized.

Farms seized from South African farmers should immediately be returned to
them, Geldenhuys said.

SA battles itself over Zim

Willem Jordaan

Cape Town - The ANC is at loggerheads with its alliance partners over the
handling of the Zimbabwe crisis after more than 40 leaders of the Zimbabwean
Congress of Trade Unions (ZCTU) were arrested. The South African Communist
Party (SACP) said president Robert Mugabe should know that there is
"widespread anger" over the imprisonment of union leaders, the closure of
newspapers, the violent harassment of civilians and disturbing reports over
the youth militia's rape of women. The SACP said all Zimbabweans, but
"especially those in government", were responsible for creating a climate of
tolerance. While the South African government has repeatedly stressed the
importance of negotiations between the ruling Zanu PF party and the
opposition, the SACP said negotiations could not be limited to agreements
behind closed doors. "We know from experience that public pressure and
civilian activism are important to bridge political deadlocks," the SACP
said in its statement.

The Congress of South African Trade Unions (Cosatu) also condemned the
Mugabe government's actions and said it was a pity that he (Mugabe) saw
trade unions as enemies. Cosatu and the SACP demanded that the union leaders
be released immediately. Government spokesperson Ronnie Mamoepa said civil
society had the right to air public opinions about Zimbabwe, but he refused
comment on the alliance partners' statements and demands. The ANC said that
it took note of the arrest of the union leaders and that they should either
be charged or released. Mamoepa added that government did convey the South
African Editors Forum's concerns over the closing down of Zimbabwean
independent newspapers to that country's government. He did not want to
identify the person who conveyed the message. When asked whether there had
been any reaction to this message, he responded that the message was merely
relayed.

Kansteiner lashes Mugabe over rights

Gaborone - The closure of Zimbabwe's only independent daily last month
showed a lack of democracy and a lack of respect for human rights, US
Assistant Secretary of State for Africa Walter Kansteiner said in the
Botswanan capital yesterday. Kansteiner said ahead of a visit by
Washington's top AIDS official to Botswana that the closure of the Daily
News was a blow against freedom of expression. "This (the closure) shows
lack of democracy and lack of respect for human rights," Kansteiner said,
setting the tone for US AIDS co-ordinator Randall Tobias. Last month, police
shut the newspaper and its printing presses after the supreme court ruled
that the paper, which is fiercely critical of President Robert Mugabe, was
operating illegally. Kansteiner said: "Zimbabwe is a sad story. The economy
and social side of the country continue to deteriorate. There is
hyperinflation and a food crisis and we are seeing an implosion of the
economy."

Earlier this month, US President George Bush said in Washington he was "not
satisfied" with the effort to promote political reforms in Zimbabwe. But he
expressed confidence in President Thabo Mbeki, and called Mbeki his "point
man" in the region. Bush urged all Zimbabwe's neighbours to keep up pressure
for change. Kansteiner also said the US was trying to get more countries
involved in the fight against AIDS in Africa. Tobias, on his first
assignment following his appointment by Bush who has pledged $15bn to fight
AIDS in Africa and the Caribbean in the next five years was visiting
Botswana to see the ravages of the disease firsthand, Kansteiner said.
UNAIDS has said that nearly 38% of Botswana's 1,7-million people are
infected. About 20-million Africans, most in the sub-Sahara, have died as
the result of AIDS in the 22-year documented history of the pandemic.

The two appeared in court last month to answer charges of violating price
controls. At the hearing, Chinake questioned the constitutionality of the
legislation under which the two were being charged. The court will next week
decide on whether or not the matter should be referred to the Supreme Court.

Since the introduction of price controls two years ago the government has
fined a number of firms for violating price controls. A major sugar supplier
was recently fined $20 million for selling sugar above the controlled price.

Commuter omnibus operators have also been fined for overcharg-ing while
Comoil had 35 000 litres of fuel confiscated by the state because the
company was selling it above the gazetted prices.

Bakeries have however been targeted most with four of them being fined a
total of $20 million each in July. The country's largest milk producer,
Dairibord, was also fined for overcharging and reducing the size of
packaging for milk.

Despite protestations from business leaders, and an admission by Finance
minister Hebert Murerwa that price controls were hurting industry, the
government has not relented.

Chinake will argue that the Control of Goods (Price Control) Regulations
2001 are ultra vires Section 16 of the Constitution and the Companies Act.

Section 16 of the Constitution protects citizens from deprivation of
property, which includes economic rights.

Chinake will raise the point that it is not reasonably justifiable in a
democracy for a manufacturer to be compelled to produce goods and sell them
at a price fixed by the state. The argument is that government does not take
into account the cost of production, let alone provide for a reasonable
margin of profit for the manufacturer to continue operating.

The price control regulations, it is argued, impinge on Section 189 of the
Companies Act, which states that company directors will protect the
interests of their employees and dependants.

In that regard, selling products below cost should be deemed not to be in
the interests of the employees or their families as this will result in
layoffs for many companies.

Since the introduction of price controls many companies in the manufacturing
sector have been forced to lay off staff while some have closed down.

At the United Nations Development Programme-brokered donors conference held
in Harare in 1998it was agreed that for Zimbabwe to receive international
financial assistance, the land reform programme would have to be
transparent, benefit mainly the poor and be sustainable. To date many senior
members of the ruling Zanu PF party, the defence forces and government have
benefited, with some of them getting more than one farm.

Mugabe recently issued an ultimatum for senior officials who acquired more
than one farm to surrender them. The response has been less than
enthusiastic.

Analysts dispute government claims that 300 000 families have been resettled
on nearly 11 million hectares of land seized from white commercial farmers.

The sources said Mugabe was keen to secure an endorsement of the land review
process from Annan who has in the past registered his disquiet at Zimbabwe's
conduct of land reform.

Information and Publicity secretary George Charamba, who accompanied Mugabe
to New York, yesterday refused to discuss the issue.

UN co-ordinator in Harare Victor Angelo could not be reached as his office
said he was in New York on business.

The report, which was compiled by an audit team headed by former senior
civil servant, Dr Charles Utete, has been kept under wraps since it was
presented to Mugabe last month. It was presented to politburo members last
month and Zanu PF sources said the party's decision-making organ deliberated
on it this week. The sources said government would only release the report
after securing endorsement of the review from key stakeholders, which
include the UN.

Diplomatic sources said the endorsement of the report's recommendations by
the UN was crucial in shoring up Mugabe's regime which has seen the
agricultural sector collapse around it. Despite loud official bragging about
the success of land reform, the government cannot hide the huge funding
deficit in the agricultural sector.

The government has failed to mobilise funding for infrastructure development
and extension services. It believes that its commitment to implementing the
one-man one-farm policy, which would see the redistribution of excess farms,
could restore confidence in the donor community.

"Through the (Utete) audit, the government is trying to say to donors, 'we
do not have anything to hide and we are prepared to correct our mistakes',"
said an officer at the UNDP.

There are fears among donors that the UN, through the UNDP office in Harare,
could be manipulated by the government to try and legitimise a flawed
process of resettlement.

"Donors will be closely following the developments on the ground before
committing their resources," the officer said.

Sixteen African countries have since volunteered to be test cases in the
initial stages of the project, which political analysts say is the litmus
test of Nepad leaders' commitment to democracy and human rights. It is also
viewed as the key to unlocking much-needed development assistance from G8
countries.

In an interview with the Zimbabwe Independent in Tokyo last week, Murerwa
said Zimbabwe had not volunteered to be reviewed.

"Our position is that this is a voluntary and individual choice by some
African countries," said Murerwa. "And we have chosen not to be reviewed. We
are not prepared."

Although the names of the 16 volunteers are yet to be made public, Murerwa
confirmed Zimbabwe was not on the list. Murerwa was not clear on whether
Zimbabwe would join the list later.

"It will be a government decision. When the government decides the time is
ripe we will volunteer for review," Murerwa said.

Nigeria announced last week that it had opened its doors for review. It
pronounced its support for the review process at the recently held Third
Tokyo International Conference on African Development (TICAD III) in Japan.
At the TICAD III meeting, Japan, a key donor to Zimbabwe, announced its
intention to adopt Nepad as the platform to assist Africa's developing
countries.

Analysts say Zimbabwe's reluctance to come under the spotlight shows its
non-compliance with democratic norms. They say government is aware that it
has not improved its human rights record and delivery of democracy.

"The government is aware that they will fail any kind of assessment for good
governance. Any honest assessor will find them guilty of human rights
abuses," said National Constitutional Assembly chairman, Lovemore Madhuku.

Zimbabwe is currently under the international spotlight for its crack-down
on the media and the opposition.

The USAid withdrawal is one of many by international donors from Zimbabwe in
protest against the deteriorating political situation.

A spokesman from the United States embassy confirmed that USAid had stopped
funding of Campfire projects but denied the political dimension.

"The reason USAid ceased funding Campfire projects is not political. Our
funding of the projects has reached its legislative limits," said the
spokesman.

"All United States overseas projects have a five-year lifespan but we have
been running Campfire projects in Zimbabwe for over 13 years," he said.

He said USAid had spent over US$8 million on Campfire projects over the
13-year period.

"USAid's focus now is on the humanitarian areas. In the last 13 years we
spent over US$28 million on the development of rural communities through the
programmes we were funding," he said.

Projects funded by USAid included community-fishing, eco-tourism, hunting
concessions, photographic safaris and clinics, among others.

The US spokesman said Campfire projects had helped communities establish
clinics and schools.

However, provisions in the Rome Statute make it possible for individuals in
UN member states to approach the ICC for prosecution of crimes committed by
their leaders.

"Impunity of perpetrators of international atrocities provides fertile
ground for commission of new horrendous crimes and leads to the escalation
of internal or international armed conflicts," the documents from last
month's conference say.

"Individuals or organisations can approach the ICC for the prosecution of
those perpetrating international atrocities even in countries that have not
ratified the Rome Statute."

Zimbabwe was extensively discussed at the conference together with crisis-
ridden countries such as Liberia, Rwanda, Iraq and the Ivory Coast. The
looting of diamonds in the Democratic Republic of Congo (DRC) was also
discussed with recommendations to prosecute those implicated.

Moses Mzila-Ndlovu, the opposition Movement for Democratic Change (MDC)
secretary for external affairs, who was part of a delegation comprising MDC
and Zanu PF MPs that attended the conference, said individuals and
organisations in the country could approach the ICC.

"Individuals or organisations in Zimbabwe, such as ZimRights can approach
the ICC and call for the prosecution of Zimbabwean leaders in cases of
genocide, crimes against humanity and war crimes," said Mzila-Ndlovu.

"We must, at the MDC, put pressure on the ICC to rein in the situation in
Zimbabwe. The government of Zimbabwe is perpetrating human rights abuses
with impunity, and does not want to ratify the Rome Statute for that
reason."

The authorities in Harare have been dithering over ratification of the Rome
Statute, despite President Mugabe's government having agreed in 1998 to the
formation of the ICC. Justice minister Patrick Chinamasa evaded a question
in parliament two months ago on the ratification of the Rome Statute, saying
that he didn't have enough information at hand.

Last year a group of Zimbabweans sued Mugabe's government in the United
States over their relatives who were victims of the orgy of violence and
mayhem that swept through the country at the height of the farm invasions
and parliamentary elections in 2000.

Williams, now with Women of Zimbabwe Arise (Woza), this week said she had
deposited the trophy with Lawyers for Human Rights for safekeeping. Taking
the trophy hostage could scuttle this year's event, scheduled for November
27 in Harare.

She wants BATZ to apologise for allegedly politicising the event.

"I will only allow its release when BATZ apologises and recognises that by
cancelling last year's competition, they attempted to politicise the art of
communication and silence freedom of expression," Williams said.

Last year BATZ pulled out its sponsorship of the Coty award alleging that
Williams, one of the nominees, was a controversial figure.

Williams was Commercial Far-mers Union spokesperson before she moved to
Justice for Agriculture. The organisations were fighting government over its
implementation of the land reform programme. Williams at the time emerged as
a fiery spokesperson for the farmers.

Last year BATZ gave an ultimatum to the organisers of the event, the
Zimbabwe Institute of Public Relations (ZIPR) to withdraw Williams'
nomination or they would cancel their sponsorship.

"BATZ is uncomfortable with these awards becoming socially and/or
politically motivated so Williams should withdraw or the people who
nominated her should withdraw their nomination," BATZ corporate affairs
manager, Peter Parirewa, said in letter dated September 19 2002.

Williams refused to withdraw saying that her nomination was valid.

"I am a professional communicator and as such cannot be accused of political
bias. My role as a communicator should be separate from that of the product
I communicate," she said.

Criteria used for nominations were also changed, allegedly to sideline
Williams.

"I ask to be judged on the professionalism under which the product/view or
issue was communicated and the results thereof. Freedom of expression is
enshrined in the Zimbabwe constitution and it is the right of these
expressions to be communicated and judged unhindered," Williams said.

      Succession team leaves divisions in wake
      Dumisani Muleya

      PRESIDENT Robert Mugabe recently disbanded the controversial Zanu PF
succession committee after a damaging row erupted in the ruling party over
its role.

      High-level official sources said Mugabe dissolved the committee to
avoid fuelling the escalating succession struggle that was slowly
degenerating into a dog-eat-dog affair.

      The team, whose architect and prime mover was retired army commander
General Solomon Mujuru, comprised Zanu PF politburo heavyweights who were
anxious to gather people's views on Mugabe's succession nationwide.

      Sources said Mugabe sanctioned the committee after he was approached
by secretary for external affairs Didymus Mutasa on behalf of senior party
members. He was however rattled by his lieutenants' manoeuvres for his
crown.

      Mutasa approached Mugabe after the president declared the succession
debate open in April. His move followed meetings in Manicaland over who
should succeed Mugabe.

      According to Mutasa, a Zanu PF provincial committee in Manicaland
discussed the issue before party members privately approached him.

      Sources said Mujuru was one of those who approached Mutasa and asked
him to put out feelers to Mugabe on the issue. Mutasa obliged but only
received half-hearted approval from Mugabe.

      It is understood the late Vice-President Simon Muzenda and Joseph
Msika were strongly opposed to Mutasa's initiative because they regarded it
as "dangerous".

      They believed the move, which directly threatened their own positions,
would set a bad precedent in the party.

      The two leaders thought succession should be dealt with through party
structures but Mugabe all the same gave Mutasa the go-ahead. The committee,
chaired by Zanu PF secretary for legal affairs Patrick Chinamasa, later
recruited senior party members to spearhead the debate.

      But Mujuru, who together with politburo heavyweights retired Air
Marshal Josiah Tungamirai and Dumiso Dabengwa had earlier met Mugabe over
the issue, remained in control of the contested succession team.

      When inevitable bickering broke out among Zanu PF bigwigs over the
committee, Mugabe intervened and disbanded it.

      However, it is thought Mujuru and his camp are keen on reviving the
committee. Mujuru, Tungamirai and Dabengwa are said to be opposed to Zanu PF
secretary for administration Emmerson Mnangagwa's ascendancy.

      It is understood they have told Mugabe they will not back Mnangagwa's
succession bid.

      Despite his persistent denials about it, Mnangagwa is seen as Mugabe's
anointed successor. But he faces a serious challenge from Zanu PF chair John
Nkomo who now ranks third after Mugabe and Msika. Nkomo is said to be
currently consolidating his position for a bid for Mugabe's crown.

He said Misa-Zimbabwe was "really not Zimbabwean" and should comply with the
laws of the country.

"It (Misa) is an extension of a foreign body housed out there in Namibia and
funded by overseas donors," said Mahoso.

"Such a foreigner must be made to respect our law first and foremost. Such a
foreigner must not be allowed to engage in acts that subvert our laws by
using donor funds to incite law-abiding citizens to defy the law," he said.

He said Misa-Zimbabwe also fell within the definition of a mass media house
because it sold its products through third parties.

"It is public knowledge that applicant (Misa-Zimbabwe) has been publishing
and selling some of its media products regularly to the Zimbabwean public
through such print media as the Independent, the Standard and the Financial
Gazette," he said.

Annexured to Mahoso's affidavit as evidence of the said products are
editorial contributions written by Misa-Zimbabwe officers Takura Zhangazha
and Rashweat Mukundu in their personal capacities. By inference, Mahoso
suggests in his affidavit that Misa-Zimbabwe benefited financially from
articles written by Mukundu and Zhangazha.

Mahoso also said Misa-Zimbabwe was defying the law and encouraging others to
do the same.

"The applicant has advised, for example, Associated Newspapers of Zimbabwe
(Pvt) Ltd (ANZ) to defy the registration requirements of the Act with the
result which is now common cause; the newspaper had to be shut down for
operating illegally," Mahoso said.

"Of course applicant teaches or preaches what it practises. It also defied
the law by continuing with its operations outside the law.

"Like its obedient student, the ANZ, it now approaches this honourable court
to rubber stamp its standing decision that it cannot be bound by a piece of
legislation which it considers unconstitutional," he said.

Mahoso said Misa-Zimbabwe was a mass media provider on a "scale larger than
all the other media players in the country as it is engaged in both print
and electronic forms of the mass media".

It is not clear which electronic media Mahoso thinks Misa runs.

The WFP has appealed for US$308 million to feed 6,5 million people facing
starvation in southern African through to June next year. Of that figure,
4,5 million are Zimbabweans.

In July, Zimbabwe appealed for US$142 million to finance the importation of
an estimated 711 835 tonnes of maize to make up for the deficit.

Diplomatic sources said although donors' resources were stretched this year
due to the situation in Iraq, Liberia and other West African countries,
disgust with President Robert Mugabe's government was also hurting the
appeal.

"Donor fatigue over Mugabe's damaging economic policies is hurting the
response to the appeal," one source said.

The WFP last week said its funding for emergency food aid was about to run
out, threatening more than six million people in southern Africa with
starvation.

The WFP said it needs US$235 million to assure continued food aid delivery
to six southern African nations, but contributions are falling far short of
the amount needed. In the June 2002-June 2003 period, the WFP raised US$443
million in funding.

Zimbabwe's economy has been in freefall for the past four years because of
government's chaotic land reform. Bad weather has only compounded a
shortfall in this year's grain crop.

WFP regional director Mike Sackett said the agency expects to put two-thirds
of its aid resources into Zimbabwe in the coming months.

Hogarth this week listed, courtesy of Britain’s Daily Mail, some of the
dumbest answers given on the popular quiz show, The Weakest Link.

Asked by Ann Robinson who wrote the political treatise Das Kapital, a
contestant answered: “John Major.”

Another was asked which of the Marx Brothers remained silent throughout all
their movies: “Karl,” he answered.

“Which Indian leader whose last name begins with ‘G’ took the title
 Mahatma?” a third was asked.

“Geronimo” was the answer given!

The president last week attended prize-giving at the Convent where his
daughter is enrolled as a pupil, Muckraker understands. The little Mugabe
won a “progress” prize. Sadly, no such award could be made to Dad.

"Most people want fresh elections and favour concurrent presidential and
parliamentary polls," the survey says.

"For the majority of people, the solution to the problems facing the country
lies in dialogue. They expect the major parties (the ruling Zanu PF and
opposition Movement for Democratic Change) to compromise and climb down from
the positions so far maintained."

The survey says 59,2% of the respondents want concurrent presidential and
parliamentary elections and of these, 59,8% want such elections to be held
immediately. At least 59,2% want constitutional amendments to facilitate
change.

Zimbabwe's presidential elections are held every six years and parliamentary
polls after five years. Municipal polls are also held separately.

This has kept the country perpetually locked in electioneering.

The study says 51,3% of those polled nationwide want President Robert Mugabe
"to retire now and pave way for fresh elections".

"About 69,9% are in favour of the formation of a transitional government
that would organise a re-run of the presidential elections. About 55,6%
desire the formation of a government of national unity," it says.

"But the majority of people embrace the idea of a vibrant democracy. Of the
39,8% who do not want a government of national unity, 40,5% say the
existence of an opposition party is vital for a thriving democracy."

(About) 40,5% say the MDC should not form a coalition with Zanu PF because
"it is important to have an opposition for democracy to function
effectively". The poll said 36,1% do not trust Zanu PF and fear the MDC
could be "swallowed".

However, the research says people expect Zanu PF and the MDC to resolve the
nation's crisis through dialogue.

"At least 80,0% of respondents say the two parties should resume talks
(while) 35,3% view both parties as currently not genuine in the negotiating
process. (Nearly) 39,7% of the respondents feel there should be no
conditions to these talks while 32,8% specifically say both parties should
strike a compromise," it says.

"With 38,9% and 36,8% opting for external and internal mediators
respectively, it would appear that for most people the success of the talks
lies in commitment from both parties."

The survey points out that people are concerned about Mugabe's current
succession crisis.

"People want a democratic process in the Zanu PF succession issue. (About)
60,4% want the party to choose a successor as opposed to 14,5% who want
President Mugabe to appoint one," it indicates.

"If presidential elections were to be held today, (ex-Finance minister)
Simba Makoni would be the Zanu PF candidate who would fare better against an
opposition candidate."

      "Farmers should be wary of imitations. A bag of seed should have a
visible reputable company design, with a product description; a weight
declaration; and either have a machine printed label on a 25-kilogram unit,
or machine printed number directly on the plastic bag," said De Woronin.

      "Bags larger than 25 kilogram units should not be hand sewn, but sewn
by a machine that is evenly stitched. Plastic bags should be heat sealed,
not stitched. Protective seed dressing, usually green for hybrid maize, is
an insecticide that should not rub off the seed easily."

      He said farmers are strongly advised not to purchase seed from an open
bag.

      "Authentic hybrid maize seed is always in a sealed bag, since this is
a legal certification requirement, and part of the guarantees and process of
certifying seed," he said.

      Farmers buying bogus seed face certain risks of crops not performing
to expectation. Such seed has no germination assurance; is not graded for
size and is susceptible to diseases. Certified seed maize produced by a
reputable seed company, has a guaranteed germination of 90%.

      Fake seed found in the market place is probably normal grain, which is
not a hybrid combination of inbreeds, covered with coloured dust.

      "Yield will definitely suffer and the farmer is likely to encounter
unnecessary disease pressure like grey leaf spot or maize and mottle streak
virus along with impure varietal traits, or a mixture of irregular plants,"
he said.

      Seed houses, though they are breeding work, are constantly evaluating
improved inbred seed maize combinations to provide farmers with better
seeds.

      Research focuses on improving yield, better disease tolerances and
greater agro-ecological adaptability of new products.

      De Woronin appealed to traders to take a responsible approach to the
products they buy for resale.

      "Purchases should only be made from reputable sources of supply such
as a seed company, wholesaler or retailer. Buying seed off the street at
unrealistically low prices needs to be avoided," said De Woronin. -

They did it to Capital Radio and we all stood aside and looked. They bombed
the VOP and ostracised its workers and we remained quiet.

Then they switched off JOY-TV, harrased and deported Mercedes Sayagues and
lately Andrew Meldrum and still we did not notice the covert but devious
machinations aimed at silencing the people's voice of dissent.

Now their guns are cocked and aimed at the Standard and the Zimbabwe
Independent. History though is littered with examples of how nations turn to
the youth in times of crisis. The liberation struggle here was carried on
the shoulders of young people, as it was in South Africa. Fidel Castro and
Ché, Mao Tse-tung and even contemporary revolutions like the one in
Indonesia have seen youths and students take the mantle to free their
people.

In the Old Testament, the Bible shows clearly that in times of crisis God
turns to the youth as was the case when He called on Moses to lead His
people from Egypt. Prophets like Jeremiah, Daniel and Samuel and great men
like David and Samson were called by God, by name to deliver His people from
both political and spiritual bondage.

The same call must ring in the ears of every young Zimbabwean under the sun
to stand up and be involved in organising for a better Zimbabwe now. From
Mbare, Warren Park, Highfield, Mbizo, Rimuka, Sakubva, Mpopoma, Mucheke,
Zengeza etc, young people must conquer fear and work for their future if
ever there is going to be such. Zinasu, ZSCM, YMCA, YWCA, church youths and
all other countless youth movements must move up a gear in their quest for
justice, peace and healing and provide the engine for mass-mobilisation,
because when push comes to shove it's a game of numbers.

We cannot afford to be remembered as the generation without heroes. The
generation that failed the country.

As we remember one hero of our generation, Learnmore Judah Jongwe on October
22, let's all stand up to defend the little dignity we have left. Let us
stand up to Zanu PF, to the partisan police, to our rural brothers - the
Green Bombers, to Johno, Mahoso and the MIC-assassins of the free press at
Mkoba, UZ and wherever their places of work are (thanks for publishing their
names!). As we remember Judah Jongwe and many others who died or were driven
from their homes in the line of duty for freedom from hunger, violence and
Zanu PF let us gather in our twos and fours, organise, mobilise and stand up
for press freedom for soon there shall be noone left to say our story.

May God help us all.

MG Zakeyo,

Switzerland.

The evidence for this front-page story headed "Underground forces move to
Daily News" was a discussion that was said to have taken place between John
Moeketsi of the Daily News and "Langton Nyakwenda of the Zimbabwe
Independent".

I was a little surprised to learn of this discussion because nobody by that
name is on the staff of this newspaper. After a few enquiries I learnt that
Langton Nyakwenda is in fact a cub reporter on the sports desk at the
Standard. John Moeketsi is a trainee attached to the Daily News.

Nyakwenda, I should add, denies ever having held such a conversation. He
points out that as a sports reporter he is hardly privy to whatever Trevor
and Strive may or may not be saying on the phone in Johannesburg!

But that's not the point. No such conversation between the two media heads
took place. This was clearly a fabricated story, significantly without a
byline, designed to incriminate this paper and the Standard.

Which explains why I am taking the trouble this week to refute such obvious
falsehoods from such a familiar source which the public is anyway unlikely
to take seriously!

Very simply this is part of a strategy by the state to warrant moving
against our newspapers. Assuming in the unlikely event the journalists
involved would be prepared to take up such an offer, employing the
unaccredited Daily News' staff would obviously give the Media and
Information Commission the pretext it needs to act against the Standard. So
would increasing the frequency of either of our papers without notifying the
MIC.

I recall the lies told about for-eign correspondents Joe Winter, Mercedes
Sayagues, and Andy Meldrum before they were pounced on. And the way the
Daily News was threatened and pilloried in the period leading up to its
closure.

Information minister Jonathan Moyo was reported to have said last Friday at
the launch of New Ziana that the Independent and Standard, along with the
Daily News, were "running dogs of imperialism" that published "trash".

"If we were serious people who do not want to apologise for who we are…
really we would shut these papers down because they are trash, they injure
the national interest," he was reported to have said.

Obviously much of this terminology was not designed to be taken seriously.
Nobody expecting to command respect from his audience would revert to the
redundant language of the Chinese Cultural Revolution! He was playing to
some other gallery. But given the record of this regime for vindictive and
violent behaviour towards its critics, we would be foolish to dismiss Moyo's
threats as the overripe rhetoric of a minister livid with newspapers that
challenge his political pretensions.

His reported remarks that "Studio 7 will die", directed at the Voice of
America's Zimbabwe service, were a reliable indication of the depth of
hostility that exists in government circles towards its growing list of
critics at home and abroad. Let us not forget that the people who planted a
bomb at the Daily News' printing press in January 2001 still walk free. So
do those who abducted and tortured Mark Chavunduka and Ray Choto.

That tells us all we need to know about the government's commitment to the
rule of law which Moyo endlessly recites. When ministers talk about the
"national interest" they are usually referring to their own!

The South African National Editors Forum has raised the ANZ issue with South
Africa's deputy Foreign minister Aziz Pahad. He has in turn said he will
raise it with his counterparts in Harare. We don't expect them to take any
notice. But the South Africans are beginning to drop the mantra that the
Daily News has broken the law and therefore there were no grounds for
objection.

Did the ANC say in the 1970s and 80s that it was obliged to obey apartheid
laws? Is it the South African view that laws that oppress Zimbabweans in
violation of constitutional guarantees have to be respected?

We hope not. The African Union and Sadc are facing the litmus test of peer
review which President Olusegun Obasanjo says will be up and running in
December.

Zimbabwe's friends have been saying to us in respect of the Daily News case:
"What can we do?"

My answer is very simple. Don't let them get away with it. Don't let
Obasanjo and President Mbeki claim the goodwill of donors and investors
while refusing to address the democratic needs of millions of Zimbabweans.
Don't let the authorities in Harare get away with criminal misrule including
attacks on newspapers.

For far too long now the South African authorities - and other governments -
have swallowed hook, line and sinker assurances they have been given by
their counterparts in Harare. They have then repeated these assurances to
the international community. President Obasanjo was even persuaded to send a
letter to John Howard that he now appears to accept contained serious
distortions about the situation here.

Regional leaders, especially those opposed to megaphone diplomacy, must stop
being megaphones for Mugabe.

It is a fundamental tenet of the Sadc Treaty signed by all member states
that voters can only make an informed choice if they have access to a
diversity of views. That in turn can only come with press pluralism. A Misa
delegation which recently visited states in the region to clarify events at
ANZ pointed out that the African Commission on Human and People's Rights has
adopted a Declaration of Principles on Freedom of Expression in Africa.
Principle VIII states that "any registration system for the print media
shall not impose substantive restrictions on the right to freedom of
expression".

Aippa clearly violates that tenet.

Sadc leaders are not living up to their international undertakings. Come
Nepad peer review, they will need to be reminded of that.

The judiciary is important because it is considered as the last bastion for
the protection of fundamental rights and freedoms. Chapter 3 of the
Constitution of Zimbabwe guarantees fundamental rights and freedoms for all.

Section 3 of the constitution stipulates that the constitution is the
supreme law of the country. Any legislation that is enacted by the
legislature must comply with the constitution, otherwise it is void. If any
person feels that a law violates the constitution they are entitled in terms
of s. 24 of the constitution, to bring a constitutional challenge in the
Supreme Court, the highest court in the land which also acts as the
constitutional court.

Since the constitution provides that right, the court must ensure that
people have access to it without unnecessary limitation. A right that the
constitution guarantees must not be limited except in exceptional
circumstances.

In a democracy there is always a need to balance the claims and rights of
the majority with those of minorities or individuals. Invariably the rights
of the majority are served through their control of the legislature and the
executive arms of the state. The majority can, through their control of
those arms of the state, enact legislation and make policies that serve
their ends.

In executing its constitutional role of judicial decision-making, the court
can sometimes find itself in situations where there are potential clashes
with the executive. The executive is always concerned when it considers that
the judiciary is intruding into its policymaking role. Similarly the
executive through the legislature is always protective of its law-making
role, insisting that the courts have no power to make law but only to
interpret it. While it is important that the judiciary takes care in its
decision-making so that it does not exceed its powers, it is also equally
important that it does not become too restrained, especially when policy or
legislation negatively affects fundamental rights.

The judiciary may fail in the execution of its duty as the protector of the
constitution and fundamental rights when it loses its independence. The
independence of the judiciary is often under threat from the executive arm
of government. If judicial independence is undermined, it will be difficult
for citizens to protect and enforce their rights against the state. That is
why it is necessary in any democracy to ensure that conditions are conducive
to maintain the independence of the judiciary.

The independence of the judiciary hinges on a number of factors that include
the nature of their appointment, security of tenure, remuneration and
political influence. In terms of the constitution judges are essentially
appointees of the president and Judicial Service Commission. Statements by
ministers that they were getting rid of the old judges and appointing their
own judges who would understand the agenda of the government do not help to
create an image of an independent judiciary.

That is not to say that problems with judicial appointments are exclusive to
Zimbabwe. In countries such as the US, there have also been problems when it
comes to the appointment of Supreme Court judges.

It is necessary however to always make the process of appointment clear and
credible otherwise people lose confidence in the bench. Despite
constitutional provisions guaranteeing secure tenure of office for judges a
number of judges have either resigned or been forced out due to political
pressure during the current crisis in Zimbabwe. Whatever the case, it must
be worrying when so many members of the bench leave within a short period of
time. It is necessary to ensure that security of tenure of office exists in
real terms.

The harassment of judges such as the unconstitutional arrests of Justice
Blackie and Justice Paradza can also bring pressure on the judiciary. The
public and other judges have cause to worry that harassment is rooted in
political motives. Such actions undermine judicial independence as judges
will live in fear that if they make decisions that are not favourable to the
executive they will be humiliated in similar fashion. The judiciary has
consistently failed to attract talented lawyers, partly because it does not
offer good remuneration. Since judicial remuneration is in the hands of the
executive arm, there is always the danger that if the judiciary appears to
make decisions against the state, even if constitutionally their
remuneration cannot be reduced, it may never be raised in real terms. That
would leave them in a position in which they are too dependent on the state
and such a situation is not conducive to judicial independence.

In conclusion, the judiciary needs to inspire confidence and trust among the
general population. Courts must be efficient and ensure that matters are
dealt with timeously. As they say, justice delayed is justice denied. The
fact that so many political cases have been pending before the High and
Supreme Courts long after they were brought to court makes people lose
confidence in the law as an institution that can assist them in times of
need.

The judiciary cannot fulfil its role as the last bastion for the protection
of fundamental rights if its independence in the current political climate
is at risk. Some of the decisions that have been made in recent months do
not inspire confidence. Government legislation and policy must not come
before the rights of citizens.

But theoretical separations of power are not sufficient. We should note the
words of an eminent US jurist who stated: "I often wonder whether we do not
rest our hopes too much upon constitutions, upon laws and upon courts. These
are false hopes. Liberty lies in the hearts of men and women; when it dies
there, no constitution, no law, no court can save it."

Alex Tawanda Magaisa is a law lecturer at the University of Nottingham, UK.

Service delivery across the board has deteriorated, many things are in short
supply and even if one has the money, the process of getting those things is
often degrading. One has to queue for many basic services and so forth.
There is no one who can honestly claim they do not experience the
precipitous decline in the prospects of Zimbabwe.

But it is not just in the daily deprivations and inconveniences Zimbabwe's
decline as a properly functional society has caused that is pathetic. Even
in the ways that we respond to the crises that present themselves to us as a
nation, we show ourselves to be embarrassingly immature. For all President
Mugabe's talk about "sovereignty," we are simply not managing it very well,
unless you reduce that concept to merely having citizens occupying certain
positions like Mugabe does, and separate it from what is accomplished for
the good of the nation with that sovereignty.

It would be naive and silly for a nation in transition on so many fronts not
to have problems, even crises. What is lamentable is our clear lack of
seriousness to address the source of our problems and set about dealing with
them. It is astonishing how much of our national, and particularly
government energy, is squandered on things that are of little or no
consequence.

Recently Mugabe went to grandstand at the United Nations in New York as he
has loved to do for many years, naturally accompanied by Mrs Mugabe and a
few others. It is an opportunity to show the defiant pretext under which he
can sneak into the US that has imposed a travel ban on him and his cronies.
He can strut and pontificate before a world forum about his pet issues, and
countless luxury shops are within walking distance for any of the
presidential party who get their sense of worth from buying trinkets.

Mugabe gave a long rambling speech about unequal global power relations that
had a lot of truth in it. He mentioned the unipolar world in which the US
can do as it pleases without any checks and balances, and how there is one
standard of conduct for the rich powerful countries, and another for the
weak poor countries. What was bizarre about Mugabe's antics were not so much
the veracity of much of what he had to say, but his choice of points to make
at this juncture in his career and in the life of his nation.

He wore his best suit and read his speech as well as he always does, but I
was fascinated and appalled by how irrelevant the substance of his speech
was to the needs of his nation. One did not have any sense that this was a
man who was painfully aware that his country was in freefall on many fronts,
and that he was taking this opportunity to address the world to help stem
and reverse that decline. The many valid points he made about the world
power set-up had no chance of helping him move his country forward in any
way.

One had the sense of a man who was quite satisfied to score a few debating
points to the already converted than of one who chose his national
priorities well and chose to focus on them, leaving the grand worldly
visions for another time. He appeared to be completely oblivious of the fact
that it was most incongruous for a man who has presided over the failure of
his country in so many areas to be speaking so authoritatively about such
distant, disparate issues. Any authority to address the global issues that
he loves to do would best be from his having his own country as an example
of how to improve citizens' prospects for others to follow, and Zimbabwe
today is far from that.

His defensive counter to the present sad state of the country he
incompetently presides over is to talk incessantly about the land reform
programme, and how it will solve all the various problems he likes to
lecture the world on. Yet there is virtually not one single parameter of
that programme that can give any neutral, objective observer hope that it
will any time soon restore the standard of living of the recent past, much
less empower any substantial proportion of Zimbabweans as he likes to
pretend is happening.

He has openly admitted that his greedy, corrupt cronies have
disproportionately benefited from the programme, but he is too afraid and
compromised himself to do anything about it. But look at how eloquently he
waxes about the cynical behaviour of the US in Iraq, as if that is a
legitimate counter to his own shocking uselessness as a ruler!

There are many other examples of how his confused regime simply bungles from
day to day, with no cohesive plan for moving the country forward. Look at
the amount of energy expended on trying to get Mugabe invited to the
December Commonwealth meeting in Nigeria after Zimbabwe's suspension last
year from that body. At that time his regime's response was that the
suspension was of little consequence, now they are desperate to go to the
summit. Their efforts so far seem to have come to naught, but suppose
Mugabe's pals Olusegun Obasanjo and Thabo Mbeki find a way to sneak him into
the meeting, so what?

The only "success" it would exemplify would be at defying his opponents like
Britain and Australia, much like his "defiance" of the US travel ban by
still being able to enter that country under UN auspices. But honestly, has
statecraft been reduced to these kinds of childish games? Is this the kind
of embarrassing, irrelevant trivia we have in mind when we boast of
independence and sovereignty? Where is the joy in defying perceived or even
real enemies in these inconsequential ways when those enemies can have the
much greater satisfaction, if they are so inclined, to point at all the ways
that your country is not working even as you pose and grandstand at world
fora in your favourite suit?

Mugabe's antics are shocking and sad, not just in how they show the decline
of a once great individual, but also how they show our sad lack of
seriousness in tackling problems for our own best interests.

Chido Makunike is a Harare-based writer

In The Gambia, the government earlier this year set up its own version of
the Media and Information Commission,and much like the Zimbabwean version,
it was met with criticism and resistance by the Gambia Press Union.

It seeks to license journalists from the independent press. That is the
stinking thinking of Africa's information czars: put newsmen and women from
the private press in a straitjacket and you solve all of the country's woes!

In Nigeria, Olusegun Obasanjo has called for a "patriotic press" after
winning what the opposition called a flawed poll. International new agencies
were not accredited to cover the event. In Ethiopia, press laws are just as
restrictive and, as has become the norm on the continent, they are aimed at
journalists from private newspapers.

Last year two promi-nent Ethiopian journalists were held by Meles Zenawi's
government for allegedly "disseminating false information that could incite
people to political violence". The Ethiopian Information minister then
"reaffirmed" that "journalists who publish false information would be
punished".

That could have happened in Zimbabwe! It is safe to say that in Africa,
being a journalist is just as hazardous as being a member of the opposition.

African politicians view criticism by the press as inimical to democracy -
and this is defined by the ruling parties. In the absence of an unfettered
press, would the world have known about the sins of Richard Nixon for
example?

In the absence of intrepid news hounds, would the world have known about a
man called Pol Pot, a despot called Joseph Mobutu, or an alleged cannibal,
Idi Amin Dada?

The exposé on the high crimes of Nixon was only possible through brilliant
investigative journalism by two men who are now regarded as among America's
finest sleuths. But does Africa have a place for investigative journalism?

The relationship between the private press and African governments has
always bordered on belligerence on the part of governments, with laws
promulgated solely to throw critical journalists into the slammer. And if
not stinking prison cells, then death itself is not too distant as seen by
the murder of Carlos Cordoso in Mozambique. His death has been linked to the
greed of the rich and powerful. What is acceptable then becomes what the
legendary Willie Musarurwa called "sunshine journalism" - nothing critical
of the regime, just puff pieces to make sure you grow corns on your lips
kissing those in power!

The polygamous Swazi king has been in the international papers plenty of
times with his attempt to criminalise criticism of the royals. But looking
at the treatment the royals in Britain have received from the tabloids, it
shows we are worlds apart as far as journalistic freedom is concerned.

Societies cannot flourish when information highways are littered with the
government's thought police bent on controlling what people can and cannot
read. If society has sacred cows, it means that though they rape, commit all
sorts of banditry, they would still share a cup of coffee with you with a
clear conscience. Why? Because nobody knows.

Evildoers should be exposed for what they are, and that is the role of the
press, both private and public. As John Keane puts it his essay Democracy
and Media: Without Foundations (1995), "the redefinition of the public
service model (of the press) requires the development of a plurality of
non-state media of communication which both function as permanent thorns in
the side of political power - helping to minimise political censorship - and
serve as the primary means of communication for citizens situated within a
pluralistic society".

While the continent has come up with what would appear to be Africa's
antidote to its perennial woes in the form of Nepad, which makes demands of
good governance, how is that good governance possible in the absence of a
free press? How will the leaders know how their peers are behaving?

It would be absurd in the absence of a free press to expect governments to
monitor themselves! The contagion of African governments not willing to ease
their stranglehold on power has formed the anti-people thinking of many
information ministries across the continent. Everything in Zimbabwe has been
personalised by the regime, and it is no longer about the interest of the
people here, but the whims of politicians. The regime has become
anti-people.

If media are to flourish in Zimbabwe, a new thinking that defines the role
of the press in a democracy should be demanded. And this can only be
realised when the men responsible for drafting the draconian press laws give
way to other compatriots who do not suffer from paranoia. But, this being
Africa, the age of an unfettered press could still be many years away.

Those in power are not yet ready to be accountable to the people who elected
them.

Marko Phiri writes from Bulawayo.

United States Congress (Washington, DC)

DOCUMENT
October 10, 2003
Posted to the web October 10, 2003

An International Conservation Caucus has been set up in the United States
Congress in the hope of promoting conservation projects in developing
countries. A bill was recently passed in the House of Representatives
supporting the Congo Basin Forest Partnership, an initiative piloted by
Secretary Colin Powell on his trip to central Africa last year. While
debating this bill the desperate situation surrounding Zimbabwe’s
environmental destruction was also mentioned and recorded. Below is the
relevant excerpt from the debate.

CONGO BASIN FOREST PARTNERSHIP ACT OF 2003 -- (House of Representatives)

Mr. ROYCE. Madam Speaker, I move to suspend the rules and pass the bill
(H.R. 2264) to authorize appropriations for fiscal years 2004 and 2005 to
carry out the Congo Basin Forest Partnership (CBFP) program, and for other
purposes.

The Clerk read as follows: H.R. 2264 Be it enacted by the Senate and House
of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. This Act may be cited as the ``Congo Basin Forest
Partnership Act of 2003''.

Mr. ROYCE. Madam Speaker, I yield 3 minutes to the gentleman from California
(Mr. Doolittle), who has traveled to sub-Saharan Africa to see how Africans
can better protect their endangered species.

Mr. DOOLITTLE. Madam Speaker, I join with my colleagues and commend the
gentleman from California (Mr. Royce), the gentleman from California (Mr.
Lantos), and the authors of the bill, the gentleman from Florida (Mr. Shaw)
and the gentleman from New Jersey (Mr. Payne), for this legislation.

Africa has obviously some tremendous natural resources. They have enormous
problems. They have a lack of freedom in that continent and throughout most
of the countries indeed of the continent, and this legislation will help
those people help themselves by conserving their forests.

Let me say, I am a strong logging advocate, but logging has to be done
right; and this legislation will help set that up so that we will have
logging and replanting, so that we will have sustainable forest practices so
that this natural resource is available for the present generation and for
generations to come. This is a goal that we seek to have here, and we do
have it here in the United States; and we would like to help the people in
the Congo River Basin to enjoy this as well.

I am sad to tell my colleagues that when we do not have good practices,
devastating results can occur. We see that, for example, in the country of
Zimbabwe, which was once my pleasure to visit, presently we have a brutal
dictator, anarchy reigns, and a ruling elite has taken over safari parks for
their own personal hunting grounds. We have settlers invading privately
owned game preserves and decimating the remaining stock of protected animals
such as the black rhinoceros. We have poachers setting on fire places like
the Matobo Hills in the south of the country. Indeed, this year that area
was designated a World Heritage Site by the United Nations Educational,
Scientific and Cultural Organization; and yet these illegal poachers are
destroying not only thousands of acres of national park there but killing
vast stocks of wildlife, many of which are endangered species.

Madam Speaker, this area of the Congo is different than Zimbabwe, but the
principles are the same. We seek to apply good principles to help the people
lift themselves and to grow and to develop and to achieve better health and
longer life spans, and it will help them do it using their natural
resources. In like fashion, we hope that other enlightened policies around
the continent can be applied so that people will be able to enjoy in a
better fashion the rights that God has given them.

I am delighted to join with my colleagues in supporting this legislation.