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Harare
appeals for help as water crisis deepens
http://www.newzimbabwe.com
06/10/2012 00:00:00
by
Staff Reporters
HARARE city council has appealed to
government for help as its creaking
water infrastructure fails to cope with
demand and with constant pipe bursts
leaving residents without supplies for
days on end amid fears another
cholera outbreak.
Residents from the
city’s western and southern suburbs recently went for a
week without running
water following the latest major pipe burst at the city’s
Morton Jaffray
Water Treatment plant.
Angry residents demanded that the council move to
address the problem
warning the city could be hit with another outbreak of
waterborne diseases
such as cholera and typhoid.
“They should have a
back-up plan like having water bowsers at least, like
what UNICEF used to do
so that we can have safe drinking water. Now people
are fetching water from
unprotected wells this is a health hazard,” said
Boniface Mareva of Glen
View 7.
Another resident, Priscilla Nhara, added: “All the boreholes in
this area
are broken down due to lack of maintenance. The city council
should drill
more boreholes and maintain the existing ones, right now we are
forced to
fetch water from Mukuvisi River which actually
stinks.”
Initially designed for 300,000 people, Harare’s water supply
system is now
struggling to cope with a population estimated at more than
2.5 million.
With little rehabilitation work carried out over the last
decade or so due
to the lack of funds, much of the infrastructure is simply
too old to cope
with the increased demand resulting in constant
breakdowns.
Town clerk, Tendai Mahaci, appealed for government
assistance, conceding
that the city council did not have the resources to
address the problem.
"We have failed dismally and are now appealing to
the government to bail us
out," Mahachi admitted on state television adding
about US$250 million was
needed to rehabilitate the city’s water treatment
works and delivery
infrastructure.
But Prosper Dube of Glen View 3
said the local authority was wasting scarce
funds on luxury vehicles for
officials instead addressing the many problems
the city faces.
“These
people are busy sleeping on duty instead of doing their work. Each
time they
come up with silly excuses to justify their incompetence,” Dube
said.
“We see water gushing out of burst pipes all over the city
whilst council
officials are busy buying themselves luxury cars.
“Where
is all that money we are made to pay as rates going if they can’t
ensure we
have water? These people should just resign.”
Harare Residents
Association Director, Precious Shumba, added: “We need to
sit down with the
authorities and the city’s water department to address
this problem. All the
money coming through from water rates must go towards
investing in water
management infrastructure.
“What is more disturbing and ironic is the
fact that Harare water is the
most expensive and yet it’s seldom available.
Residents are resorting to
drinking un-treated water.”
Mudenge
declared a national hero
http://nehandaradio.com/
on October 6, 2012 at 6:03 am
Higher
Education Minister Isaak Stanislaus Gorerazvo Mudenge, who died on
Thursday,
has been declared a national hero. His hero status was announced
last night
following consultations among Zanu PF Politburo members.
The
minister collapsed and died in his room at a Masvingo hotel on Thursday
afternoon. He was 71 and leaves behind a 22 year old wife, Mildred Kada and
three children and two grandchildren. His two previous wives all passed
away.
“Cde Mudenge has been declared a national hero and will
probably be buried
on Monday. Ministry of Home Affairs has been tasked to
make all the
necessary arrangements for burial,” Zanu-PF spokesman Rugare
Gumbo said last
night.
In his condolence message yesterday, President
Robert Mugabe said Mudenge
will go down in the country’s history as part of
the founding crop of
bureaucrats who took over the running of Government in
ministries at
independence in 1980.
“In his case, he had to build a
whole Ministry of Foreign Affairs from
scratch, given that Rhodesians never
ran such an open, professional
structure.
“Before long, Dr Mudenge
would be sent on various sensitive missions abroad,
culminating in his
deployment to the United Nations in New York, as our
Permanent
Representative to that world body.
“He bore the brunt of those heady
days, always standing steadfast for his
people’s rights and interests, which
he fully grasped and understood as a
historian. Today that powerful and
evocative voice is gone, silenced by this
untimely death.
“Under his
watchful eye, many universities offering diverse disciplines were
formed in
almost all our provinces. Today our country runs the whole gamut
by way of
focus, all of them forward looking, but never in a way that
ignores or
undermines our cultural rootedness.
“His broad works stand poignant and
must give pride and solace to his
bereaved wife, children, as well as to the
wider Mudenge family by whose
side the whole nation presently stands in this
hour of great pain and loss.
“To them, on behalf of the inclusive
Government, our party Zanu-PF of my
wife and on my own behalf, send deepest
condolences and words of comfort,”
Mugabe said.
Declare
corruption a national disaster—Makoni
http://www.thezimbabwean.co.uk/
The government should declare
corruption a national disaster,
Mavambo-Kusile-Dawn President, Simba Makoni
said on Thursday.
06.10.12
01:04pm
by Thabani
Dube
He was speaking at a discussion forum on public accountability
and
corruption at the Quill Club in Harare that was organised by the
newly-formed Coalition against Corruption, a non-governmental
organisation.
The MKD President described corruption in Zimbabwe as
endemic, saying it
pervaded political, economic, social and religious
spheres and also affected
the private sector.
The former Finance
Minister, who was also a senior Zanu (PF) member before
breaking away to
form MKD in early 2008, said corrupt tendencies started
manifesting
themselves immediately after independence.
He cited the Willowgate
scandal in which government officials in the 1990s
resold the cars they had
received at inflated prices.
He expressed concern at the manner in which
President Robert Mugabe then
reacted to the scandal, saying that he
dismissed it as a small issue.
“I asked Mugabe what he was going to do
about the Willowgate scandal and he
just answered: ‘What is this fuss all
about? They are only selling cars’. As
the saying goes, a fish rots from its
head and there is no political will to
fight corruption” he said.
He
described the Anti-Corruption Commission as ineffective, saying it was
meant
to window-dress as it was not allocated adequate funds to perform its
duties.
Munyaradzi Paul Mangwana, another panelist, said many people
were afraid of
the ACC. He headed the commission at its
formation.
“People are so afraid of the commission, and that includes
those that
created it. They are not sure what kind of animal it is and what
it will do
to them,” said Mangwana.
Willias Madzimure, an MDC-T MP
and Chairperson of African Parliamentarians
against Corruption, said most
politicians were reluctant to declare their
assets because they acquired
them corruptly.
Madzimure is among a few MDC-T members who have declared
their assets at
party level.
He claimed that he turned down a RBZ
shady offer of cars because “we cannot
accept a free lunch in a sea of
poverty” during the central bank’s
quasi-fiscal era.
Mangwana
Says Zimbabweans Have The Same DNA of Corruption
http://www.radiovop.com/
Harare, October
06, 2012 - Former Minister of State Enterprises and
Parastatals and Zanu
(PF) Member of Parliament for Chivi South, Munyaradzi
Paul Mangwana caused a
stir at the Quil club when he told journalists that
corruption in the
country will be difficult to eradicate because Zimbabweans
had the same DNA
of wanting to get rich quickly.
Mangwana said this at a public meeting that
was organised by the Coalition
Against Corruption (CAC) and was discussing
on identifying why public office
bearers where reluctant to disclose their
assets publicly.
“The reason why corruption in Zimbabwe is failing to
come to an end is that
Zimbabweans behave the same .Corruption is not a Zanu
(PF) or an MDC issue
since it involves everyone. It will not end soon
because Zimbabweans carry
that same DNA of wanting to benefit over nothing.
There is not a single
country in the world that doesn’t have corruption,”
said Mangwana.
Mangwana also added that Zanu (PF) had done everything it
can to fight
corruption since coming into power and accused the MDC of being
corrupt.
“Zanu (PF) has been fighting corruption and the funny part is
that
corruption is rife within the MDC. Most councils being run by MDC have
corrupt councilors that have been fired for indulging in corrupt
activities’.
However, CAC director Terry Mutsvanga dismissed the
assumptions by Mangwana
saying that it wasn’t an issue of DNA amongst
Zimbabweans but there was need
for greater political will.
“The fight
against corruption is something that requires greater political
will. It is
not that Zimbabweans share the same DNA, but there is need for
serious
political will that pushes for stiffer legislation against
offenders. In
other countries, corruption levels are very low as a result of
strict
punitive laws that are enforced upon offenders and this discourages
corruption, “said Mutsvangwa.
ZIFA
Clears 11 Players Linked to Asia Match Fixing Scam
http://www.voazimbabwe.com
Michael
Kariati
05.10.2012
The Zimbabwe Football Association’s Ethics
Committee has pardoned 11 more
players who were suspected to be involved in
the so-called Asiagate scandal.
This brings the number of cleared players
to 44 out of 80 that were
suspended by ZIFA following allegations that they
were involved in fixing
matches played by the national team in Asia a few
years ago.
Six of the players who have been cleared Kingstone Nkhata,
Edward Sadomba,
Energy Murambadoro, Lincoln Zvasiya, Ephraim Mazarura and
Cuthbert Malajila
have immediately been drafted into the Warriors squad that
will play Angola’s
black Antelopes on October 14.
Former Warriors
player Justice Majabvi is one of the cleared players who has
not been
recalled for national duty. The other cleared players include
Mthulisi
Maphosa, Costa Nhamoinesu, Hardlife Svirekwi and Cliff Sekete.
Dynamos
supporter Shepherd Nyamota said the Asiagate investigation has
become a big
farce.
Nyamota said the players have been pardoned because ZIFA wants the
Warriors
to beat Angola.
However, ZIFA president Cuthbert Dube said
the national football controlling
body does not have a hand in this
exercise.
Renowned football critic and former class one referee Sam
Hamandawana said
he is happy that the players have been
pardoned.
Motor Action supporter Tichaona Andrew Tarwirei said the
players drafted
into the national team will add depth to coach Rahman
Gumbo’s squad.
But former Ziscosteel and Chrome Stars midfielder Emmanuel
Kurebwaseka said
ZIFA have shifted from their initial Asiagate goal of
cleansing the game and
are now interested in results on the football
field.
Dube dismissed him saying the ethics committee is an independent
body which
is making its own decisions.
The players who have just
been cleared and recalled will Monday join the
Warriors camp along with the
other 24 that have been called for the
make-or-break tie against the
Angolans.
Zimbabwe carry a 3-1 lead from the first leg in Harare and only
need a draw
or a narrow 1-0 or 2-1 loss to qualify for the Africa Cup of
Nations finals
to be held in South Africa in January.
At least 55
players and 16 officials have not yet been cleared by the
committee headed
retired Supreme Court Judge Justice Ahmed Ebrahim.
Apex
Council threatens crippling strike
http://www.dailynews.co.zw/
By Ndakaziva Majaka, Staff
Writer
Saturday, 06 October 2012 14:00
HARARE - Apex Council, the civil
servants representative body, is scheduled
to meet with teachers’ unions and
Public Service minister on Monday to
discuss the plight of Zimbabwean
teachers, an Apex official has said.
Speaking at International Teachers’
Day celebrations in the capital
yesterday, David Dzatsunga, newly appointed
president of the Apex Council
said the Public Service minister Lucia
Matibenga has misled the public by
claiming the civil servants’ body is
fragmented and has jumbled priorities.
“We are going to meet on Monday to
clarify to the minister and let her know
that she should
release
appropriate information to the public,” Dzatsunga said.
“We as
the representative board have the same purpose, the minister needs to
come
out clean and say the reason she is not addressing us is there is no
money.”
Dzatsunga, who is also president of College Lecturers
Association, said
Matibenga was using Apex disunity as a scapegoat to avoid
the real issue at
hand, which is the plea by the teachers for improved
working conditions and
“capitalising on non-existent divisions”.
The
plight of the teachers has been aggravated by the spilt in the Apex
Council,
which is now divided into two factions one headed by Dzatsunga, and
the
other by Cecilia Alexander.
Alexander leads the Public Service
Association represents most government
workers not in the education
sector.
Matibenga has been quoted in the press saying that there will be
no salary
negotiations with them as government is not prepared to deal with
a
fragmented body.
Negotiations for bonuses and salary increments for
civil servants have been
stopped after government ordered the worker
representative unions Apex
Council to first resolve leadership squabbles
currently rocking the body.
Teachers earn an average salary of about
$300, resulting in the trade unions
advocating that School Development
Associations (SDAs) should top up
teachers’ salaries.
Their salaries
fall below the poverty datum line pegged at $500.
“We have never had
power problems in Apex, both parties have failed us as
they are using power
to fight us, we need to clarify our position so the
public knows,” he
said.
Speaking at the same function, Raymond Majongwe Progressive
Teachers Union
of Zimbabwe (PTUZ) secretary general, said GNU parties were
using political
expediency at the expense of the suffering
teachers.
Munyaradzi Gwisai, an activist, promised a mother of all
strikes against the
“united looters club” as he calls the GNU, if their
demands were not met.
He said the reason teachers had not organised a
successful demonstration or
strike in the recent past is they have been
under the illusion that Prime
Minister Morgan Tsvangirai was going to do
something to address their plight
as he promised in his inauguration speech
at the Glamis Stadium.
He urged parents to revoke incentives they are
paying through SDAs to
teachers, to ensure the success of the upcoming
strike.
Gwisai said government must come out of their comfort zone,
saying the
clause in the draft constitution that states civil servants are
not to be
politically active is going to be ignored.
“Fundamentally
the constitution states civil servants cannot be politically
active. Here is
some news to our leaders: You have lost our vote and we are
about to take
over the reins,” Gwisai declared.
“Hatidye kuparty, today living wage
(The party will not feed us, but our
wages do), so we do not care about
their parties, we are concerned about our
salaries.”
To Zanu PF, the
teachers said their tactic of awarding increment towards
election time was
not going to work as they are fed up of the parties.
Police
evade questions on war vets demo
http://www.dailynews.co.zw/
Saturday, 06 October 2012 14:02
HARARE -
Police have refused to explain why they failed to act on war
veterans who
besieged the New Government Complex, grounding government
business to a halt
in at least four ministries.
The war veterans, who were demonstrating
against Finance minister Tendai
Biti, held all civil servants at the complex
hostage, barring anyone from
going in and coming out.
Biti said the
war veterans — who also threatened Daily News journalists
covering the story
— were barking up the wrong tree as he did not have
exclusive power to
change the law to increase war veterans’ allowances.
Biti also blamed the
police and the army for not taking action, saying they
were selectively
applying the law as they were fast to respond to civil
rights protests by
groups such as Women of Zimbabwe Arise (Woza) march for
human rights, and
yet were lethargic in dealing with the war veterans’
lawlessness.
Harare provincial police spokesperson Tedious Chibanda
declined to comment
referring the Daily News to the national police
spokesperson.
“Those issues are commented on at national level, we do not
talk at
provincial level,” he said.
National police spokesperson
Charity Charamba said she was off duty while
her deputy Oliver Mandipaka
told the Daily News to call after an hour. He
was not picking up his phone
after that.
Zimbabwe National Liberation War Veterans’ Association leader
Jabulani
Sibanda has disowned the war veterans who picketed the government
complex
saying the demonstrators were a group of people who were after
“cheap
publicity.”
Government business in the ministries of Justice
and Legal Affairs, Higher
and Tertiary Education, Economic Planning and
Investment Promotion and
Finance ground to a halt, with the State losing
thousands of dollars.
The Attorney General’s office, housed in the New
Government Complex, was
also adversely affected by the war veterans’
disruptive behaviour.
The Daily News could not quantify how much the war
veterans’ two-day strike
that sealed off the offices cost government in lost
revenue and downtime. -
Bridget Mananavire
Zimbabwe
delivers fuel to repay Malawi loan
http://www.newzimbabwe.com/
06/10/2012 00:00:00
by Gilbert
Nyambabvu
ZIMBABWE has delivered two million litres of fuel to
Malawi in part payment
of a US$24 million loan Harare owes Lilongwe for
maize supplies.
National Oil Company of Malawi chief executive, Robert
Mdeza, confirmed the
development Saturday saying: “All the 17 tankers are
already in the country
and the rest will come in next week.”
Mdeza
said the delivery comprised diesel only and added that there was
another 10
to 15 million litres still outstanding to pay up the loan.
“We can’t know
for sure what is remaining because prices of fuel change
every day,” he
added.
The late Malawian leader, Bingu wa Mutharika, supplied maize to help
Zimbabwe address biting shortages of the staple in 2007 and did not press
his close friend, President Robert Mugabe, for payment.
But
Mutharika’s successor Joyce Banda dispatched her energy minister to
Harare
to push for payment as Malawi reeled from an economic crisis
characterised
by acute foreign currency shortages that led to fuel
shortages.
The
crisis was triggered by a fall-out with Western donors who either
suspended
or cut-back support to protest what they described as
deteriorating economic
and political conditions under Mutharika.
Banda has since moved to repair
relations with key donors and, although the
United Kingdom, the IMF and the
World Bank have since resumed support, the
country’s foreign currency
situation is still to normalise.
Meanwhile, it remains unclear how
Zimbabwe, which faces its own financial
constraints with donors holding onto
their purse-strings, is managing to
repay the loan.
Finance Minister
Tendai Biti recently said the government was string at a
US$400 million
budget black hole with the money required for various key
expenditures
before year-end.
PM,
Ncube deny alleged polls deal
http://www.dailynews.co.zw
Saturday, 06 October 2012
13:52
HARARE - President Robert Mugabe’s coalition partners have
rejected the Zanu
PF leader’s March 2013 poll plan, with Prime Minister
Morgan Tsvangirai
remonstrating against reports he has entered into a poll
deal with the
veteran leader.
Tsvangirai and Welshman Ncube, leader
of the smaller MDC party, yesterday
said in as much as elections were
overdue, Mugabe could not announce poll
dates in an affidavit as it is
unconstitutional.
Luke Tamborinyoka, Tsvangirai’s spokesperson told the
Daily News the next
elections’ date is process-driven, and there must be
consensus from all
parties in the troubled coalition after agreed reforms
are implemented.
“Mugabe cannot announce an election date in an
affidavit, in as much as he
was the respondent to the court case, the date
for the next election will be
determined after consulting other principals
in government,” said
Tamborinyoka.
“The people of Zimbabwe cannot be
told the date of an election in a court
process, this is serious mischief
that would have happened.
“As far as the Prime Minister is concerned,
President Robert Mugabe and
Prime Minister Morgan Tsvangirai will sit down
and agree on an election date
not this thing being claimed in some media,”
added Tamborinyoka.
This week George Charamba, Mugabe’s spokesperson,
claimed all principals in
the inclusive government had agreed to the March
election timetable.
But Tamborinyoka says Charamba was “off mark and
lying” when he included his
boss in the poll deal.
The state media
also claimed the principals have resolved to take over the
management of the
constitutional-making process, a development which would
make the Copac
management committee useless.
However, Tamborinyoka claimed his boss will
not be part to such an agreement
as he believes in “honouring people’s
views” and will not participate in a
process that seeks to rewrite the
Global Political Agreement.
Also joining Tamborinyoka in dismissing
Charamba’s claims was Ncube, who
said the court order sought by Mugabe was
not about the poll date but a day
for the proclamation of
elections.
“We were not involved on the March dates but we were only
consulted when we
were asked whether it makes sense to hold by-elections,”
said Ncube.
He further said Mugabe’s wish to have elections in March was
impossible.
“It is impossible to have elections by March because there is
a lot of work
that needs to be done.
“All parties must work in good
faith to ensure that we come up with an
election roadmap and implement it,”
said Ncube.
According to Mugabe in his urgent court application filed
last week, he said
he planned to call for elections in March next year. The
court duly granted
his wish.
The court application was meant to delay
by-elections for three Matabeleland
constituencies, but Mugabe said he
wanted to have harmonised elections.
His argument was based on claims
that government is broke and could not
afford to hold elections this year. -
Xolisani Ncube
Mugabe
still to open fifth Parliament
http://www.dailynews.co.zw
By Chengetayi Zvauya, Parliamentary
Editor
Saturday, 06 October 2012 13:45
HARARE - President Robert
Mugabe and Prime Minister Morgan Tsvangirai on
Monday agreed the veteran
leader would open the next Parliamentary session
soon.
But by
yesterday Parliament had still not been notified of a date and there
has
been no gazetting of the presidential proclamation, the formal legal
instrument required to end the present session and start the next
one.
Mugabe is still to set the date for the ceremonial opening of fifth
and last
parliamentary session.
Despite having agreed with other
Principals in the inclusive government that
he was going to officially open
the fifth session soon, he is yet to inform
the legislature when he will
officially open it.
Both Houses stand adjourned until Tuesday October 9
from last month when the
Parliament sat.
Speaker of the House of
Assembly Lovemore Moyo says Parliament is now
sitting on an ad hoc basis as
the fourth session ended its business in July.
Moyo told the Daily News
yesterday that parliament was now waiting for a
confirmation from President
Robert Mugabe on the date he will be officially
opening the fifth session of
the seventh Parliament.
Moyo said there is not much to be expected from
the current parliamentary
sittings because work outlined in the fourth
session has been finished.
“I know that we had planned that our
parliament business was going to finish
in July and at the end of July we
were expecting Mugabe to open the
parliament and this is still to
happen.
“The parliament session that will happen next Tuesday is an ad
hoc sitting.
There are no serious issues that are outstanding for debate,”
said Moyo.
He said Parliament had communicated with Mugabe’s office and
was waiting for
a report when he will officially open the fifth
session.
Moyo said there were no new motions to be introduced in
Parliament during
the current fourth session.
Zanu
PF looters face jail: PM
http://www.dailynews.co.zw
Saturday, 06 October 2012 13:43
Prime
minister Morgan Tsvangirai
MASVINGO - Prime Minister Morgan Tsvangirai has
warned Zanu PF members
against politicising and looting government food aid,
warning they face jail
for stealing.
Responding to pleas from
villagers who complained bitterly to him that Zanu
PF officials were looting
from the government’s grain loan scheme,
Tsvangirai called on villagers to
report the culprits as it was a criminal
offence.
He was speaking to
villagers at Bhasera Business Centre’s Chin’ombe Rural
Hospital during a
tour of a Constituency Development Fund-bankrolled project
in Gutu
Central.
“Those who are looting the government food aid should be
arrested,” he said.
“What you need to do is to report their names to your
MP’s and councillors
so that they come to us and we press charges against
them. It is a criminal
offence to loot and politicise food aid,” Tsvangirai
said.
The villagers had pleaded with the Premier to help them deal with
looters
whom they accused of grabbing and shamelessly carting away the loot
to their
homes at a time hunger and starvation was tightening its
grip.
Tsvangirai said government was mobilising food aid for those facing
severe
drought.
“The government is aware of food shortages in the
rural areas and we will
make sure that no one will die of hunger,”
Tsvangirai said.
“We will source food for you. The food is meant for
everyone regardless of
the political party you support. No one has the right
to deny others food
aid because they are from MDC or Zanu PF, the food is
for everyone.”
The premier said it boggles his mind when people from some
political parties
loot food from government meant for feeding
people.
He said it was unfair to deny hungry people their allocations
because of the
intended recipient’s political affiliation, adding that
government
programmes should be politics-free.
“It boggles my mind
when someone says this person from this party should not
get food aid when
it is coming from government,” he said.
“The drought is affecting
everyone regardless of which party you support,
therefore anyone who loots
food that belongs to the people will be arrested
and will go to
jail.”
He said people should stop discriminating each other along
political lines
because the principals had closed ranks and were not
fighting anymore.
“While you are busy fighting and denying each other
food here along party
lines, us your leaders will be drinking tea together
and we will be sharing
sugar, so this has to come to an end and you should
live together
harmoniously,” he said.
Tsvangirai was assessing a CDF
project in Gutu central where local Member of
Parliament Oliver Chirume
invested the fund in transforming the face of
education facilities and
hospitals in the constituency.
Chirume has built teachers’ houses at
Mushayavanhu Primary and Secondary
Schools, a female hostel at Mutero
Mission High School, painted class room
blocks at Guzha school before buying
a generator for Chin’ombe Hospital
where expecting mothers used to give
birth under candle light. - Godfrey
Mtimba
Army
summons chiefs
http://www.dailynews.co.zw
By Richard Chidza, Staff Writer
Saturday, 06 October 2012
14:01
HARARE - Army generals have summoned traditional leaders in Masvingo
ostensibly to celebrate a shadowy holiday called “Chiefs’
Day.”
Traditional leaders have been decreed to attend the meeting at the
army
headquarters in Masvingo in a move that has raised
eyebrows.
According to reports from Bikita, local chiefs and headmen
received a
circular from local district administrator Edgar Seenza advising
them to
attend the meeting scheduled for October 12 at 4 Brigade army
headquarters
in Masvingo.
A letter from the district administrator’s
office dated September 26 reads:
“To all chiefs and headmen — invitation to
attend traditional leaders’ day
at the Officers’ Mess at HQ 4 Brigade. You
are expected to attend the
meeting.”
Army spokesperson Alphios
Makotore said there was nothing sinister about the
meeting.
“Yes
there is a traditional leaders day, if you do not know about it tough
luck,”
he said.
“In fact it will not be Masvingo alone.
“The whole
country chiefs will be invited to army stations to celebrate this
day. I
will be there myself,” Makotore said.
A chief from Bikita told the Daily
News the invitation had scant details
about why they had been called.
“I
am not really sure because they are just not saying much.
“We were just
told we should be at the Officers’ Mess by 9 O’clock on the
12th of October
without fail,” said the chief, requesting to remain
anonymous.
While
Local Government minister Ignatius Chombo was unreachable for comment
yesterday, his deputy Sessel Zvidzai described the action by the army as
mischievous.
“It is nothing but mischief there is nothing on the
local government
calendar that says there shall be a Chief’s Day, even under
the Traditional
Leaders Act,” Zvidzai said.
“There is nothing like
that. It is a clear demonstration by Zanu PF and the
army to militarise the
chiefs as they have done with all other state
institutions.
“It’s a
message to the whole world that they have failed to mobilise
Zimbabweans
politically,” Zvidzai said.
Election
Commission Starts Vetting Voter Education Programs
http://www.voazimbabwe.com
Tatenda
Gumbo
05.10.2012
The Zimbabwe Electoral Commission (ZEC) has invited
civic organizations
working on voter education campaigns to register with
the commission by next
week as the nation prepares for crucial general
elections next year expected
to be held in March.
In a notice
published in the state-controlled media, ZEC said all
organizations should
comply with the nation’s Electoral Act which gives the
commission powers to
limit the number of voter education groups.
The piece of legislation also
allows the commission to check voter education
material used by various
organizations before being distributed nationally.
Interested groups or
individuals will be asked to provide the commission
with registration
certificates, profiles including board members and general
membership,
telephone numbers, constitution and related information.
Election
Resource Center director Tawanda Chimhini said he hopes the move
will be
positive for Zimbabwe.
"The reservations that organizations will have is
that the commission has
not yet built enough credibility around itself so
that people do not start
thinking that it will favor and marginalize some
groups," said Chimhini.
A number of organizations in the country have
already started their voter
education campaigns targeting various
Zimbabweans including youths believed
to be skeptical about the forthcoming
elections.
365 days of
incarceration: Daylight raping of justice
on October 6, 2012 at 6:49 am
Press
Statement
365 days ago, heavily armed policemen
pounced on the Youth Assembly President Solomon ‘Mandela’ Madzore’s residence in
Waterfalls-Harare, rounded him and subsequently locked him up. The President
joined 28 other party members, leaders, human right activists who had already
been toiling under political persecution-tortured and grossly
ill-treated.
Solomon Madzore has spent a year inside
Chikurubi Prison even though the father and brother of the murdered policeman
blame Zanu PF and CIO agents for the murder.
Today, the Youth Assembly, the Party,
Human rights activists and the nation at large, bemoan the gross injustices,
human rights abuses and heartless torture that the Glen View 29 have gone
through for over a year now.
World over, political persecution of
opponents has been a renowned characteristic of clueless dictators who would
have fast fallen out of favor with the masses- yet history has shown us that
those would be the tertiary symptoms of the imminent departure of fascist
regimes.
The world icon, Mandela spent 27 years
in incarceration in the hands of the brutal apartheid regime, and it fell.
Martin Luther Jnr., Mahatma Gandhi, Raila Odinga, Wamba de Wamba among others
were all persecuted yet emerged victors over fascisms and
dictatorships.
The brutal Zanu PF regime has tortured,
maimed and killed innocent civilians and political activists in their now 32
year power retention quest. President Morgan Tsvangirai has been brutalized,
prosecuted but the people have continued to rally behind him and clearly spoken
out for change.
Nelson Chamisa, Elton Mangoma, Jestina
Mukoko, Munyaradzi Gwisai and others, Jennie Williams among other influential
activists have suffered regrettable brutality and prosecution in the jaws of the
regime.
The incarceration of the Glen View 29 is
a clear case of political persecution meant to send chills of trepidation to the
sons and daughters of Zimbabwe. It is an apparent case of aggravated efforts by
Zanu Pf to destabilize the Youth Assembly, the Party and the broader
pro-democracy movement.
The clueless Zanu Pf which has been
rejected by the people and has also failed-in fact has no means- to appeal to
the peace loving; democracy-thirsty citizens of Zimbabwe has shown its
desperation and resorted to violence, terror and persecution to prolong its stay
in power.
The Youth Assembly would like to
painstakingly affirm that its foundations remain strong and will continue to
demand justice. Their rights to fair trial, personal liberty, and human dignity
have been trampled upon.
Their freedom from torture or cruel,
inhuman or degrading treatment or punishment; freedom of movement and residence;
have been curtailed. We cannot afford anymore to watch as the fundamental
freedoms and human rights of sons and daughters of Zimbabwe are grossly
disregarded.
The MDC Youth Assembly would like to
demand the unconditional release of these prisoners of conscience and the
restoration of their freedoms and rights. Injustice anywhere is a threat to
justice everywhere.
Justice Now. Justice delayed is justice
denied. FREE THEM NOW.
MDC YOUTH
ASSEMBLY
A look at judgment in Jestina Mukoko torture
case
on October 5, 2012 at 12:22 pm
TORTURE, INHUMAN AND DEGRADING TREATMENT: THE SUPREME COURT OF
ZIMBABWE’S JUDGMENT IN MUKOKO V THE ATTORNEY GENERAL
By Dr
Alex T Magaisa
Most readers may have a vague recollection of the notorious case
in December 2008 when former newsreader and human rights activist Jestina Mukoko
was abducted and held in communicado for a number of
weeks.
Dr Alex Magaisa
Eventually she was released but not before spending more time in
police custody. She applied for a permanent stay of prosecution – in normal
English, an application to stop the prosecution forever.
She
argued that her constitutional rights had been violated: she had been kidnapped
from her home; tortured and subjected to inhuman and degrading treatment at the
hands of the State. The Supreme Court agreed and stopped the prosecution in
September 2009. The court said it would give its reasons in due course. The long
awaited reasons arrived three years later, in September 2012.
At
some point we shall do a critique of this important judgment but we think every
Zimbabwean, indeed every person should at least have a chance to read the
judgment in the Supreme Court’s own words.
A
legal judgment is not the easiest document to read. Indeed it can be too
technical, there can be detours and the language may not be altogether amiable
to the casual reader. We have assisted by giving you the relevant parts – the
narratives and explanations that we think make for easier reading without losing
the essence of the judgment.
The judgment itself runs into 40 pages and those
wishing to get a copy can contact our ever-reliable friends at Veritas
(email: veritas@mango.zw) So here we go, in the words of the
Deputy Chief Justice Malaba, who delivered the judgment with which all other
judges concurred.
JESTINA MUKOKO v THE
ATTORNEY-GENERAL
SUPREME COURT OF ZIMBABWE
Malaba DCJ …
This case is about a permanent stay of a criminal prosecution
because of torture and inhuman and degrading treatment to which the applicant
[Jestina Mukoko] was subjected by State security agents prior to being brought
to Court on a criminal charge.
Zimbabwean human rights activist Jestina
Mukoko, right, walks outside the court in Harare, Zimbabwe Monday Sept. 28,
2009.
She
was charged with the offence of contravening s 24(a) of the Criminal Law
(Codification and Reform) Act [Cap. 9:23] (hereinafter referred to as “the
Act”).
It was
alleged that in the months of June and July 2008, the applicant and the
co-accused persons “recruited or attempted to recruit or assisted in the
recruitment of Ricardo Hwasheni to undergo military training in Botswana in
order to commit any act of insurgency, banditry, sabotage or terrorism in
Zimbabwe”.
The
applicant alleged in the Magistrates Court, that she had been abducted from home
and subjected to torture and inhuman and degrading treatment by State security
agents. She requested the magistrate to refer the question of contravention of
her fundamental rights to the Supreme Court (“the Court”).
It was
argued that the manner in which she was apprehended by State security agents and
treated in detention prior to being brought to court on the charge constituted a
violation of the fundamental rights not to be arbitrarily deprived of personal
liberty guaranteed under s 13(1) and not to be subjected to torture or to
inhuman or degrading treatment protected by s 15(1) of the
Constitution.
The
argument was that the uncontested behaviour by State security agents in
kidnapping the applicant from her residence and subjecting her to torture,
inhuman and degrading treatment whilst she was in their custody rendered the
institution of the criminal prosecution an abuse of legal
process.
The
second ground was that the decisions made by the public prosecutor to charge the
applicant with the criminal offence and to bring the prosecution proceedings
were based solely on information or evidence of the crime obtained from her by
infliction of torture, inhuman and degrading treatment.
It was
argued that the institution of the criminal prosecution was rendered invalid by
the use of inadmissible information or evidence.
On 28
September 2009, after reading documents filed of record and hearing argument by
counsel for the applicant and for the respondent, the Court made the following
order:
The
Court unanimously concludes that the State through its agents violated the
applicant’s constitutional rights protected under ss 13(1), 15(1) and 18(1) of
the Constitution of Zimbabwe to the extent entitling the applicant to a
permanent stay of criminal prosecution associated with the above
violations.
Accordingly it is ordered that the criminal prosecution against
the applicant arising from the facts set out in proceedings in the Magistrates
Court Harare in the case of the State v Manuel Chinanzvavana & Eight ors
case number 8801-5/08 is stayed permanently.
She
[the applicant] was made to sit on a chair. When the blindfold was removed she
saw the same people who had interrogated her earlier that day. When the
interrogation commenced she was ordered to lift both legs and place the feet on
the edge of a table. She did as ordered.
Two
men struck the soles of her feet repeatedly with severe force using the same
objects used to beat her in the morning. She said her feet felt very sore. She
could hardly walk the following day.
One of
the men brought gravel and put it on the floor to form mounds. She was told to
pull up her dress above knee-level and kneel on the gravel. The interrogation
began and continued with her in that position.
She
said she was injured on the knees and felt severe pain. Each time she tried to
move the knees to relieve the pain the interrogators ordered her to move back
into position. She remained in that position for one hour.
The
interrogators told her to write about the trip she had made to Botswana. She
did as told. The next day she was told that there were some things the
interrogators wanted deleted from the statement.
She
removed from the statement what the interrogators did not want and added what
they said was to be added to the statement. She said she wrote the statement in
the manner her interrogators wanted before signing it …
Whilst
under the custody of her captors she had not been allowed to communicate with
members of her family or her lawyer.
The
public prosecutor did not adduce evidence challenging what the applicant said
happened to her from the time she was kidnapped to the time she appeared before
the magistrate.
Section 15(1) of the Constitution enshrines one of the most
fundamental values in a democratic society. Chahal v United Kingdom [1996] 23
EHRR 413 para 79. It is an absolute prohibition.
It is
because of the importance of the values it protects that the rules by which the
prohibition imposes the obligations on the State are peremptory in effect. The
most conspicuous consequence of this quality is that the principle at issue
cannot be derogated from by the State even in a State of public
emergency.
They
are also designed to ensure that the prohibition produces a deterrent effect in
that it signals in advance to all public officials and private individuals that
it is an absolute value from which nobody must derogate. The fact that torture,
inhuman and degrading treatment is prohibited by a peremptory provision serves
to render null and void any act authorising such conduct.
The
prohibition protects the dignity and physical integrity of every person
regardless of his or her conduct. No exceptional circumstance such as the
seriousness of the crime the person is suspected of having committed, or the
danger he or she is believed to pose to national security can justify infliction
of torture, or inhuman or degrading treatment.
There
cannot be a value in our society over which there is so clear a consensus as the
prohibition of torture inhuman and degrading treatment of a person in the
custody of a public official.
That
such a treatment should never form part of the techniques of investigation of
crimes employed by law enforcement agents, is a restatement of the principle
that the law which it is their duty to enforce, requires that only fair and
humane treatment ought to be applied to a person under criminal
investigation.
Applying the principles of the law on what constitutes a
contravention of s 15(1) of the Constitution to the facts, the Court finds a
violation by the State, through its agents, of the applicant’s fundamental right
not to be subjected to torture, or to inhuman or degrading
treatment:
The
repeated beatings on the soles of the applicant’s feet with a piece of a
hosepipe and a metal object using severe force on each of the two occasions she
was under interrogation, constitute torture. Repeated beating of the soles of
feet with a blunt instrument is a serious form of torture called
“falanga”.
Forcing the applicant to kneel for a long time on mounds of gravel
whilst being interrogated, falls within the meaning of torture. The treatment
to which she was subjected was premeditated. The severe pain and suffering she
was forced to endure was intentionally inflicted.
The
prolonged periods of solitary confinement incommunicado on the occasions she was
not being interrogated constitutes inhuman and degrading treatment. (It is
important to note, however, that solitary confinement is not to be deemed to be
contrary to the prohibition under s 15(1) of the Constitution.
It
must be in conjunction with other conditions, for example, prolongation and
imposition on a person who has not yet been convicted of an offence. The
severity of the specific measure, its duration, the objectives pursued by it,
the cumulative effect of any further conditions imposed as well as the effects
on the individual’s physical and mental well-being, are all factors which have
to be taken into account in the assessment of the question whether a specific
instance of solitary confinement is in violation of s 15(1) of the
Constitution.
It was
inhuman treatment to keep the applicant blindfolded each time she was out of
solitary confinement and not being interrogated. The treatment was
intentionally applied and caused the applicant mental suffering. She was also
subjected to inhuman and degrading treatment when she was blindfolded and driven
at night to an undisclosed destination under threat of unspecified
action.
Any
recourse to physical force against a person in the custody of a public official
which is not rendered strictly necessary by his or her conduct diminishes his or
her dignity and implicates a violation of the prohibition.
The
second ground on which the validity of the decision to institute the criminal
prosecution was challenged was that the prosecution was unlawful because it was
based on information or evidence obtained from the applicant by infliction of
torture, inhuman and degrading treatment.
The
institution of the criminal prosecution had to be shown to have been a direct
consequence of the precedent wrongful conduct of the State. In other words it
had to be a product of the outrageous conduct of pre-charge ill-treatment of the
accused person by law enforcement agents.
According to the applicant the use by the public prosecutor of
information obtained from her by infliction of the treatment prohibited by s
15(1) of the Constitution, is evidence of the existence of the requisite direct
connection between antecedent violation of the fundamental right and the
criminal prosecution. The criminal prosecution was an outgrowth or fruit of the
torture, inhuman and degrading treatment to which she was
subjected.
Section 15(1) of the Constitution contains the rule by which it
imposes on the State, through its agents, the obligation not to admit or use in
any legal proceedings, information or evidence obtained from an accused person
or defendant or any third party by torture, or inhuman or degrading
treatment.
A
proper interpretation of s 15(1) of the Constitution which takes into account
the purpose and broadness of the language underlying the importance of the
fundamental value protected, compels the Court to conclude that the obligation
on the State not to admit or use information or evidence obtained from an
accused person or any third party by infliction of torture, or inhuman or
degrading treatment in any legal proceedings attaches to the prohibition of such
treatment by s 15(1) of the Constitution.
The
primary duty is on the law enforcement agents not to abuse executive authority
in the investigation of crime by torturing or treating suspects in an inhuman or
degrading manner to extract information or confessions to be used against them
in legal proceedings anticipated to follow the ill-treatment.
If the
duty fails to achieve its intended purpose at this stage, the law imposes the
duty on public prosecutors not to admit or use information or evidence obtained
from an accused person suspected of having committed a criminal offence or any
third party by torture, inhuman or degrading treatment when making prosecutorial
decisions.
If the
duty fails at this stage the law imposes the duty on judicial officers.
Eventually it lies with the Court to intervene through the exercise of its
original jurisdiction to enforce or secure the enforcement of fundamental
rights.
.. the
public prosecutor relied solely on information on the commission of the alleged
criminal acts obtained from her and a third party by torture, inhuman and
degrading treatment. There was an inextricable link between the ill-treatment
and the criminal prosecution. No evidence was placed before the Court by the
respondent to show that the decisions by the public prosecutor were based on
independent evidence of the crime which was lawfully obtained.
… the
effect of the finding that the public prosecutor relied on information or
evidence of the commission of the alleged criminal acts obtained from the
applicant by torture, inhuman and degrading treatment in deciding to charge her
with and prosecute her for the criminal offence, is that there was a breach of
ss 15(1) and 13(1) of the Constitution.
PostScript:
That
Jestina Mukoko came out of all this and continues to champion human rights not
anywhere else but in Zimbabwe is an incredible feat and a mark of bravery.
Respect.
Bizarre, sad and strange but true
Dear Family and Friends,
Infected by the searing October heat, we’ve had a
fortnight of
bizarre, sad, and strange-but- true incidents. It started in
hot, dry
Matabeleland. In a notice in the Chronicle newspaper, residents
of
Bulawayo city were advised to flush their toilets at exactly the
same
time every third day. 7.30 pm is the designated synchronized
flushing
time that the two million residents have been asked to observe
every
72 hours. Apparently prolonged water shortages have left less and
less
water in the city’s reticulation system which prompted the Council
to
call for simultaneous flushing in order to prevent blockages and
burst pipes.
The Council said the simultaneous flushing doesn’t
apply to people with their
own septic tanks and that people who have
water should also flush their
toilets at other times. While the 72
hour synchronized flushing might be one
of the most bizarre requests
we’ve heard for some time, Zimbabweans have
perfected the art of
taking things in their stride and then of joining in the
laughter at
the predictable tidal wave (!) of jokes and skits that
follow.
The second bizarre thing to happen came with a notice in the
national
newspapers inserted by the Minister of Finance. It wasn’t the
normal
sort of notice you’d expect from a Finance Minister
containing
information on taxes, duties, levies or interest rates. This
notice
was to advise people that Ministry of Finance staff had been sent
home
because they were being physically prevented from getting into
their
offices by war veterans. It was with a very distinct sense of
déjà
vu that we heard this news. The press notice said the operations
of
the Finance Ministry were being disrupted by demonstrating war
veterans
who were demanding, among other things, an increase in their
monthly pensions
from US$160 to $620 a month. This demand for more is
in addition to the bulk
payments they each received in 1998 , the free
school fees they receive for
their children and free farms they got in
the land seizures of the last
twelve years. The Ministry of Finance
crisis had started a few days earlier
when two hundred war veterans
barricaded the government complex, demanding
the 400% increases. The
press statement said that other government Ministries
housed in the
same complex had also been affected by the war veterans’
barricade
including the Ministries of Justice and Legal Affairs,
Higher
Education, Economic Planning and the Attorney General’s Office.
If
it had been anyone else barricading government offices and demanding
a
400% increase there is no doubt they would have been bundled off
in
police trucks but that didn’t happen. Ministry workers went home
while
the country shook its head in disbelief.
The third thing to happen wasn’t
bizarre but tragic. The lead
motorcycle rider in the Presidential motorcade
was burnt to death
after he hit a truck while clearing the route for the
cavalcade near
Borrowdale village in Harare. All Zimbabweans have encountered
the
Presidential motorcade and it’s a frightening thing at the best
of
times. Everyone’s learnt that you get off the road and stop and you
do
it right now, regardless of where you are, where other traffic is
or who’s
behind or in front of you. This latest incident is the
fourth involving the
motorcade this year. One man was killed and
fifteen injured a few months ago
when the police vehicle clearing
traffic ahead of the convoy rammed into a
commuter minibus. In another
incident a vagrant walking in the road was
knocked down and killed by
a police escort bike in the motorcade and on
another occasion the
convoy vehicle carrying members of the Presidential
guard burst a tyre
leaving one man dead and others wounded.
Only in
Zimbabwe. Until next time, thanks for reading, love cathy. 6th
October 2012.
Copyright � Cathy Buckle. www.cathybuckle.com