• Mugabe police defy court and shut newspaper
• JAG Open Letters Forum No. 147
• State to recruit specialists to boost land reform programme
• Forex shortages continue affecting fuel procurement
• Zimbabwe to appeal Daily News ruling
• Nigeria left with Mugabe hot potato
• Information on illegal hunting & poaching
• New charges loom in Tsvangirai case
• MDC mayors ready for Chombo
• Paradza sues for $500m
• Daily News Focus - What they said
• Former PF-Zapu properties to be reassigned
• Donors want to see progress on talks
• Doubts mount over govt's new bank notes
• Daily News Focus - Supreme Court ruling slammed
• Funding headaches for Zim’s new farmers
• No going back on press freedom
• Parallel market must survive or economy will not
• Huni finally lands in the real Zim
• Duty to be paid in foreign currency
• New monetary policy expected soon
• Made wants more land
• An own goal
• Travellers' cheques not recognised as cash
• 'We didn't know. We had no idea'
• Economic illusionists and delusional leaders
• Constitution shredded

Police in Zimbabwe again shut down the offices of the country's only
independent daily newspaper last night in defiance of a court order allowing
the paper to resume publishing.

The raid was made only hours after the High Court ordered the government to
let the Daily News reopen. It was closed last week on charges of "operating
illegally".

Abel Mutsakani, its deputy editor, said police had promised to comply with
the High Court order, but had returned to raid the offices while staff were
preparing today's edition.

"They just came in and ordered everybody to stop working. It's chaos here
and we don't know what to do," he said.

Earlier, staff of the Daily News, who had packed the courtroom in Harare,
cheered loudly as Judge Younis Omerjee granted a court order requested by
the paper, allowing it to operate pending the outcome of an application to
register with a government commission.

The judge also ordered the police to return all computers and other
equipment seized from the offices of the Daily News and its sister paper,
the Daily News on Sunday.

Gugulethu Moyo, legal adviser for Associated Newspapers of Zimbabwe (ANZ),
which owns the Daily News, said last night that the latest raid was "a
travesty of justice".

The police originally moved in to shut the title after the Supreme Court,
which is packed with government supporters, ruled that ANZ had failed to
register with the government, under new media laws introduced by President
Robert Mugabe.

When this ruling was overturned yesterday, Sam Sipepa Nkomo, the ANZ chief
executive, said he would try to return the newspaper to the streets today.
But Mr Mugabe's government has a record of ignoring court orders it
dislikes, such as orders blocking the seizure of white farms or the
deportation of journalists.

Mr Nkomo said his company would sue the police for loss of business and for
acting vindictively and unlawfully.

Even if the newspaper can resume publishing, it could still be closed if the
media commission, headed by a ruling party ideologue Tafataona Mahoso, turns
down its application. Only one edition of the paper has appeared since it
was ordered to shut.

The government's battle with the Daily News is being waged amid evidence of
a wider attempt to silence the opposition. More than 100 pro-democracy
activists were arrested on Wednesday as they protested against the
newspaper's closure. They were freed yesterday after paying fines. Despite
concerns at the latest crackdown, Thabo Mbeki, the South African
President,rebuked white Commonwealth countries pushing for Mr Mugabe's
isolation yesterday.

Friday September 19, 2003 07:23 - (SA)

HARARE - The Zimbabwe government said late yesterday it would appeal against
a High Court ruling overturning the forced closure of the country's only
independent daily newspaper, state television reported.

"We've been asked to appeal against this order," acting attorney-general,
Bharat Patel told the Zimbabwe Broadcasting Corporation (ZBC).

Earlier the High Court ruled that the Daily News - an outspoken paper
frequently accused by the government of President Robert Mugabe of being
biased in favour of the opposition - could resume publishing.

The paper was shut down by police last week after the Supreme Court,
Zimbabwe's top court, ruled it was operating illegally because it had not
registered with a government media commission.

Judge Yunis Omerjee said yesterday the paper should be allowed to resume
publishing since it had filed an application to register with the media
commission earlier this week.

He also said equipment confiscated by the police should be returned.

Patel said he hoped the appeal would be filed yesterday.

"If we can't get that achieved tonight we'll be hoping to do it first thing
Friday morning," Patel said.

AFP

      The Australian government has said Nigeria had agreed not to invite
Zimbabwe. However, Nigeria has indicated that while it had not sent out an
invitation to Zimbabwe, it was keeping its options open.

      In response to a question as to whether he and United States President
George Bush had agreed on deadlines or target dates for elections in
Zimbabwe, Mbeki said they had agreed on the urgency of addressing the
political and economic crisis in Zimbabwe and that the primary
responsibility lay with the people of Zimbabwe.

      "We continue to work with the US government (on Zimbabwe)," he said. -
Group Political Editor

Weapons

Two shotguns and a rifle were stolen from Lions Den on the night of one farm eviction.  The following day the police came and took all the weapons and ammunition from this property.  No ZRP receipt was given.  They also searched the offices.

An AK47 and two pistols  were seen on War Veterans, the night of the evictions from Lions Den.

Staff

On Lions Den the staff were evicted from their homes on 21 June 2003 at 18h30 and made to stand out in the cold (our coldest and wet winter in 30 years)  till 1am.  They were then loaded on vehicles and dumped on the side of a road..  They were eventually found at 3am by the farmer and moved to safety and shelter.

Homesteads

Homesteads were ransacked and striped of fixtures and fittings.  One homestead has not been touched and it is believed that Ruben Nklanga wants this home.

An example of how one of the farms in the conservancy

managed their game prior to eviction.

Year 2000 – size of property 20 000 acres

Buffalo           1200                             Wildebeeste          60

Giraffe                 3                             Zebra                     60

Hippo                   6                             Kudu                     40

Impala               90                              Reedbuck                6

Eland             1500                              Tssessebe                8 – protected

Sable                  90                             Warthogs              30

Hyena                20                             Elephant              150

Lion                   12 – nomadic          Leopard male         4 – territorial

Wilddog              8                              Leopard f/male      8

Baboons          120                                         

Hunting quota for the year submitted to relevant authorities.

They developed 10 waterpoints, 9 seasonal dams and 2 annual dams.

To date there is no water being pumped to the waterpoints.

When the proprietor of the above farm was recently evicted, approximately 20% of game was left.  Loss of game occurred through illegal hunting and poaching.  Now that no water is being supplied this game will have moved.

On a neighbouring property nine buffalo were shot in a two week period.  This is a small portion of the hunting season which lasts for approximately seven months.

Unauthorized Hunting/Safari Operators,

operating in Matetsi Hunting area.

Botswana operator

Company:-  Touch Africa

France Hobart – tel: 71656340

Amongst other animals shot on various hunts, he killed the tame buffalo that was hand reared on Musuma Ranch.

South African operator

Company:-  De Marillac Safaris

Associated to:   Theo DeMarillac

Vehicle registgration number:-  FCJ797N

American agent:-  Cabelas

Zimbabwean operator

Company:-  Inyati Safaris

Enio di Palma - owner

Jacob Mudenda – consultant/associate

This company has been seen hunting on Woodlands Estate ‘B’

They are also logging teak in the Fuller Forest.

They sub-let hunts to De Marillac Safaris.

They are based out of Jafuta Camp owned by Forestry Commission.

The animals are skinned at Mubiya Camp (Forestry) so that National Parks will not know where they are being killed.

Inyati Safaris have been caught poaching a kudu and a buffalo in Guzu Safaris area which is  a photographic area. The kudu was shot at a waterhole from a vehicle.

(There is also a dispute ongoing about an elephant bull.)

Quota irregularities
France Hobart was reported as hunting, again, on Masuma Ranch early in August.

He shot one of the young giraffe that was bought from Clem Coetsee four years ago. There are no wild giraffe in eastern Matetsi. 6 giraffe were purchased for photographic purposes only.  This same Professional Hunter has shot the tame buffalo that were hand reared.

Animals shot in this area since the evictions

• On Woodlands Estate ‘B’ –

2 Lion( one of which was wounded and only shot three days later and National Parks were not  advised.)

• 6 Buffalo, 2 Sable, 2 Giraffe, 2 Kudu, 2 Impala and various other species whose details  have not been received to date.

Other activities in this area

A South African vehicle has been seen on Woodlands Estate.  Vehicle registration number:-  FBT052N.

A fair number of South African Hunting vehicles have been seen in Victoria Falls and the areas they are hunting in are not known at this stage.

The above information has been verified to the best of our ability.  Information is difficult to collate, but we will do our best to answer any queries. 

WE HAVE TO ACT NOW – HOW ELSE DO WE EXPLAIN TO OUR CHILDREN WHAT HAS HAPPENED TO ONE OF THE LAST REMAINING WILDLIFE REFUGES ON THE PLANET?

A COUNTRY TURNED FROM BREAD BASKET TO BEGGAR?

From The Mercury (SA), 1 September

Mugabe's man claims top reserve for 'hunting'

By Gustav Thiel

Amid weekend reports that Zimbabwean President Robert Mugabe is building a R60-million retirement mansion, it has emerged that one of his closest allies has claimed the world-renowned Hwange Wildlife Estate to be used for hunting purposes. The estate is home to the "presidential herd" of about 500 elephants, which were given special presidential protection in a decree issued by Mugabe in 1991. Johnny Rodrigues, chairperson of the Zimbabwean Conservation Task Force, said on Sunday that the governor of Matabeleland, Obert Mpofu, "has just simply taken the Hwange estate". "The land will now be a free-for-all for poachers and for him (Mpofu) to allow hunters to kill the animals," he said. The Hwange Wildlife Estate is state-owned and comprises 14 000ha of prime land. Rodrigues said he "would not be surprised if he (Mpofu) next moves to claim land in the Hwange National Park for his own purposes" because there were no fences separating the estate from the park. Hwange National Park is Zimbabwe's biggest game reserve at 14 650km2. Rodrigues added that people like Mpofu "are putting a death sentence on the future heritage of the country and the benefits that wildlife conservation would have had for the people of the country".

It has been estimated that more than $400-million (about R2,9-billion) has been lost in Zimbabwe's southern region because of rampant poaching. Bambo Kadzombe, chairperson of the Zimbabwe Wildlife Advisory Council, said: "Three thousand animals have been poached so far on commercial game farms and Zimbabwe's conservancies, mainly at Save Valley, Mahenye, Bubiyana conservancy, Bubye Valley and Chiredzi River conservancy." In 2002, more than 100 poachers had been arrested and Kadzombe said that if the poaching continued species could become extinct. Rodrigues said it was with that in mind that Mpofu should understand the "folly of allowing hunting at Hwange". He said over the past five years more than 300 of the remaining black rhino in Zimbabwe had been killed. A wildlife researcher based in Zimbabwe said the taking of the land by Mpofu could jeopardise the inclusion of Zimbabwe's Gonarezhou Park in the Limpopo Transfrontier Park, combining three national parks in Zimbabwe, Mozambique and South Africa.

……………………………………………

Final countdown for wild dogs?

Sep 03 2003 07:52:52:840PM

African wild dogs - also known as painted hunting dogs - are facing extinction again - because of poachers.

Bulawayo - They hunt in family groups over great distances, chasing mostly impala, kudu and duiker until the prey tire and can be caught.

They have earned a well-deserved reputation for being efficient, indefatigable hunters, able to disembowel their prey in a matter of minutes, before lions or hyenas get a chance to move in.

Yet, less known about them is the fact that the sick and wounded, together with the young members of the pack, are looked after, fed on regurgitated food and nursed back to health.

Painted hunting dogs - also known as Cape hunting dogs or African wild dogs - so named for their individual and elaborate skin markings, were some of the most maligned of Africa's predators.

What is known about them now is that they are very social animals living in large packs numbering up to 40. There is usually one breeding female in each pack, and she gives birth to a litter of up to 10 pups at a time that the whole pack takes turns in looking after.

The dogs used to be a common part of the African wilderness. But with the advent of the European colonisation, they were branded vermin and mercilessly persecuted, to the extent of being eradicated from national parks. Their numbers were reduced from some 500 000 to 3 000.

Now they are an endangered species.

Between 1956 and 1961 about 2 700 were killed in Zimbabwe alone for a bounty paid by the government to protect livestock. And those were just the recorded deaths.

This kind of slaughter went on throughout the continent where previously the dogs had been sighted even on the snows of Mt Kilimanjaro in Tanzania and often wondered into the Sahara Desert.

The Zimbabwe population fell to a low of 150 in the early 1980s. The total for Africa now stands at about 3 000.

The Zimbabwe dog population, spread through three locations: Hwange and Gonarezhou national parks and the Zambezi Valley, was the largest in the world.

Translocation

But that was before poachers moved in.

They have reduced the dogs' population from about 850 to 600. Tanzania has about 800 dogs, Botswana 500 and South Africa 200.

At the forefront of the species' survival in Zimbabwe is zoologist Greg Rasmussen whose Painted Dog Research Project has existed since 1989.

Operating from the south western part of the country, in and around the 14 000ha Hwange National Park, Rasmussen and his team have been quite successful in allaying ranchers' concerns about the dogs and also bringing about a high level of awareness within the population.

Monitoring with the help of radio collars and translocation has brought the dogs into areas where they had not been seen in decades.

The project has three main focus areas: identifying through research the problems facing painted hunting dogs in Zimbabwe, disseminating information regarding the problems facing this species and actively reducing known causes of mortality and preventing those that are looming.

A considerable percentage of fatalities are caused by motor vehicles as the dogs - moving in packs - frequently fall victim to road accidents, especially when they move in and out of game reserves.

Glow-in-the dark collar

Thus, apart from erecting road signs warning motorists of the dogs' crossing points along the Bulawayo-Victoria Falls highway, Rasmussen has developed a special collar for the dogs with reflective strips and a stainless steel plate. It makes it easier for motorists to see them in the dark, and also protects the dogs' windpipe should they get caught in snares.

The results of extensive tests on improved survival of dogs wearing the collars have shown that the protectively collared dogs had significantly higher survival chances than the rest.

However, given that each pack needs about 750 square kilometres in order to thrive, the dogs' future is far from secured since this exceeds what most game reserves can provide.

Some environmentalists say the only long-term solution to the problem is the creation of trans-frontier parks that will give wild dogs enough room to roam. Not only would this minimise habitat loss to humans, it would also prevent inbreeding, a phenomenon that bodes ill for the survival of the species.

The proposed Gaza-Kruger-Gonarezhou Transfrontier Park, a wildlife reserve spanning South Africa, Mozambique and Zimbabwe has been thrown in doubt due to the reported occupation of Gonarezhou game reserve by land-hungry Zimbabwean peasants.

White farmers

For Rasmussen's study packs, however, the problem has been less academic.

Poaching, fuelled by Zimbabwe's chaotic land-reform programme, has led to the demise of three out of five study packs, or over 30 dogs, in the last 18 months.

Since February 2000, thousands of Zimbabwe's white farmers have been pushed off their land as the government sought to redress colonial land imbalances in an unplanned populist programme driven more by the ruling party's fear of losing power than a desire for genuine reform.

In many instances, government-supported war veterans of Zimbabwe's liberation struggle have moved in, sharing the land among themselves.

Other farms have been partitioned for new black farmers many of whom are content being absentee landlords or are still trying to find their feet.

We need an indication of who should live here and who should not, Rasmussen said of the Gwaai Conservancy, part of his study area consisting of several ranches within which game could roam, but now without careful policing.

A lot of people have moved in merely to collect wildlife.

Poaching

Apparently, the wild dogs are not the only wild animals falling victims to poaching.

The Zimbabwe Wildlife Producers Association estimates that half the country's wildlife has been killed in the last two years, when the country's land programme gained steam.

Rasmussen notes that 16 members of his project's anti-poaching unit are removing 1 000 snares a month and fear that in six months they will have no jobs since the game might have been wiped out.

Now everyone has left the ranches, the poachers are having a free lunch, he says.

Most of the poaching is for selling meat and nothing else. There is absolutely no control.

He said Zimbabwe's reputation of having the best wild dog programme has suffered a major setback.

The worst poachers are South African hunters whose hellish reputation is well-known, Rasmussen said.

The South Africans destroyed their own wildlife and had to restock with animals bought in Zimbabwe. Now there is this window of opportunity in Zimbabwe.

Yet, to stem the tide, Ben Kaschula of the Commercial Farmers Union, which represents mainly white landowners, said the rule of law has to return to the farms.

If poaching were to cease, the game would recover given time. For the endangered painted wild dogs, there might be no third chance. - Sapa-IPS

…………………………………….

NATIONAL PARKS ORDERS PROSECUTION OF CORRUPT COPS

The Department of National Parks and Wildlife Management in Chimanimani has written to Chimanimani ZRP, calling for the prosecution of police officers involved in the illegal poaching of an Eland on Charleswood estate, the farm of MDC MP Roy Bennett.

The Investigation Branch of the Department of National Parks and Wildlife Management based in Mutare on the 2^nd of June this year wrote to Assistant Inspector Chogugudza of the Zimbabwe Republic Police calling for the prosecution of Assistant Inspector Mupfuriranwa and other police officers from Chimanimani Police Station.

The National Parks made this call after a National Parks officer witnessed a police officer with nine others being caught poaching at Charleswood Estate by security guards on the 29^th of January 2003, and then Chimanimani police corruptly released the culprits and disposed the carcass of the Eland bull .

The ten people who were caught poaching by some farm workers who effected a citizen’s arrest including a police officer Assistant Inspector Chivandika, Luke Zvidzayi, Mathew, Joseph Mazuva, Luke Mutsigo, Misheck Mazango, Luke Zvinaye, Fadzayi Jiri, Elias Mushonga and Peter Fox. The farm security informed the National Parks officer Mr. Frank Ashala. When Mr. Ashala attended the scene he interviewed the culprits. The police did not attend the scene immediately due to transport problems it is reported. However when they finally arrived Assistant Inspector Chivandika had fled the scene.

When the police eventually arrived they were in the company and under the leadership of Joseph Mwale who is the Officer- in – Charge of the Central Intelligence Organisation Chimanimani. They ordered the poachers as well as the farm workers to disperse, without arresting anyone. There after four police officers, Sergeants Nasho, Hove, Assistant Inspector Mupfuriranwa and Constable Tawonezvi loaded the carcass of the Eland bull into Joseph Mwale’s vehicle and they went away. This is in contradiction of a High Court order which prohibits Mwale from entering Charleswood, an order he has repeatedly flouted.

The Eland bull, which was killed by these poachers, is worth about US$ 1500 on a commercial hunting market but the meat was never seen again. The poachers and the police officers that corruptly released the culprits are seen on Charleswood Estate on a daily basis but they are not getting arrested. Mr. Roy Bennett, The MP for Chimanimani has been on the receiving end at his farm for close to three years now, with Chimanimani police officers beating and arresting him and his farm workers willy nilly. Inspector Chogugudza once promised that he was not going to render any police assistance to Roy Bennett for as long as he owns the farm. The failure by Chimanimani Police to effect legal arrests and prosecutions of the police involved in the poaching story is seen as way of punishing Mr. Bennett because of his involvement in opposition politics.

The incidence of police abuse and corruption is just one of many that has occurred on Charleswood Estate since the Parliamentary elections of 2000. What is unusual in this case is the courage and determination of the National Parks to stand up to this corruption when it affects their area of responsibility, in marked contrast to the police and other government officials who have at best turned a blind eye to the corruption and abuses of power that occur in Chimanimani. It also corresponds with an increased militancy by the people of the Chimanimani region, who have lost all patience with an overtly politicized police force supported a regime that is destroying their livelihoods and well being.

One of the most significant indications of this political determination has been the voluntary picking by Chimanimani residents of Roy Bennett’s coffee. The daily disturbances on Charleswood Estate have severely affected the production level of the farm,  and not prepared to see their MP stand unassisted, for the first time every, the poverty stricken residents of Chimanimani have been voluntarily picking coffee on Charleswood estate. This has been their contribution to support their MP in his struggle with the government and police and CIO.

…………………………………..

WWF

25, Aug 2003
New commercial poaching pressures Zimbabwe's rhinos

Harare, Zimbabwe - WWF in collaboration with the Zimbabwean Parks and
Wildlife Management Authority and other conservation agencies, is assisting
in emergency responses to increasing rhino poaching pressures.

Since March 2002, at least sixteen black rhinos and several elephants have
been slaughtered in the Matusadona and Hwange National Parks in northern and
western Zimbabwe. The Parks and Wildlife Management Authority has responded
through enhanced patrol efforts, despite crippling shortages of manpower,
fuel and equipment. Four poachers have been killed in recent firefights, and
several have been arrested.

WWF-funded operations enabled the relocation of 22 black rhinos from areas
of high snaring risk to safer areas during 2002. Future operations are
likely to be approved by the Parks and Wildlife Management Authority. Other
supporting NGOs, in particular the Marwell Zimbabwe Trust, the Zambezi
Society and the SAVE Foundation of Australia, have helped to deal with the
new crisis of commercial rhino poaching in National Parks.

Over the past three years, at least fifteen black rhinos have died in these
ranching areas as a consequence of indiscriminate snaring, adding to the
ongoing problems of rhino snaring by subsistence poachers in conservancies.
Further problems for Zimbabwe's rhinos arose in June when South African
"sport" hunters were involved in the illegal slaughter of a black rhino in
southern Zimbabwe.

"Prompt action is required by the South African and Zimbabwean authorities
to deal with this recent case and to clamp down on the cross-border hunting
forays by readily identifiable hunting parties," said Dr. Harrison Kojwang,
Regional Representative for WWF in Southern Africa.

WWF's rhino specialist, Raoul du Toit, adds, "Whereas impoverished
Zimbabweans may claim that they are driven to poaching in order to feed
themselves, relatively wealthy sport hunters from South Africa have no such
excuse - their unethical behaviour is driven by financial interests and by
thrill-seeking."

During the late 1980s and early 1990s, Zimbabwe's black rhino population
fell from about 2000 to 370, due to commercial poaching perpetrated mainly
by gangs from across the northern border. Effective conservation measures
then rebuilt the population to about 500.

Recently, Zimbabwe's deteriorating economy and land disputes have stimulated
poaching for "bushmeat", and rhinos are being caught in the wire snares.
Unemployment and inflating costs of living are driving more and more
Zimbabweans into informal occupations, including destructive activities such
as uncontrolled gold panning and poaching. The consequent harvesting of
wildlife and other natural resources is proving difficult for state
conservation agencies to regulate. While it is impossible to quantify the
overall loss of wildlife, estimates of 50 to 80 per cent of wildlife being
lost from some former commercial farms, are widely reported.

"The resolution of internal poaching by rural communities is a long-term
issue requiring the evolution of equitable and durable land reform
arrangements within various sectors of Zimbabwe's complicated wildlife
industry," warned Dr. Kojwang. "WWF stands ready to assist with technical
support in developing these arrangements, which will take a great deal of
effort and a willingness by all stakeholders to negotiate workable and
sensible solutions on an area-by-area basis."

For further information:
WWF - Southern Africa Regional Programme Office
Tel. +263 (0)4 252533
E-mail: wwfsarpo@wwf.org.zw

NOTE TO EDITORS:
Investigations into the shooting of a young female rhino in a conservancy in
southern Zimbabwe in June 2003 led to the identification of South African
participants in this incident. Some South African hunters are taking
advantage of the unsettled situation in Zimbabwe's rural areas to run
illegal safari hunting operations. Members of this network pay small "trophy
fees" to the occupiers of wildlife properties. They then shoot whatever
animals they can (including elephants) for meat, hides and trophies, which
they market illegally.

………………………………………

From: CFU - Matabeleland Branch

PRESS RELEASE - SA HUNTERS ARRESTED IN ZIMBABWE

Bulawayo – July 2003

A party of twelve South African hunters belonging to a Christian organisation were arrested in Zimbabwe on Friday last week for illegal hunting on listed properties in West Nicholson, Matabeleland South.  The eight adult men and four teenagers were stopped at a police roadblock outside Beit Bridge town on their way to the close by South African border.  They had in their possession a quantity of meat allegedly meant for exportation from Zimbabwe, a country that is currently riddled with one of the worst foot and mouth disease outbreaks in its history. 

The teenagers were released, but seven of the eight men spent a night in police holding cells in West Nicholson, and the eighth was kept for two nights while police investigated his connection to the slaughter of a black rhino and two elephants four weeks earlier in the same area.  He was released on Sunday after a lawyer was brought in from South Africa.  Pressure to release the men and drop charges was laid on the investigating police officers by the Deputy Minister of Foreign Affairs, Mr Abednigo Ncube, a politician from Gwanda, and himself a beneficiary of a farm in the district.  The South African High Commissioner in Harare was informed of the situation.

Police were alerted to the activities of the hunters on Chipizi Farm by a neighbouring farmer who, after hearing shots from a heavy-calibre weapon in the area, found the carcass of a freshly killed eland with only its hind legs removed.  Subsequent police investigations revealed that the South Africans had been hunting on Chipizi Farm, whose owner has been evicted.  The hunt took place with authority from the local Rural District Council, under the auspices of the resident settlers and so-called professional hunter, Ronnie Sparrow. 

Officials from the Hunting Licence Section of the Department of National Parks and Wildlife Management in Harare confirmed that Mr Sparrow is not licensed with them as a professional hunter in this country.  Nor is he a member of the Zimbabwe Association of Tour and Safari Operators (ZATSO), an organisation to which most Zimbabwean professional hunters belong. 

Investigating officers in West Nicholson said that South African professional hunter Dwayne van Zyl was authorised by Mr Sparrow (as the “licensed hunter” in charge) to conduct the hunt on his behalf, against National Parks regulations.  Mr van Zyl is wanted for questioning by the Zimbabwean police regarding the slaughter of a black rhino and two elephants in the Bubiyana Conservancy last month, as he is thought to have been in the area at the time of the killings.

Chipizi Farm, like its neighbour, is listed for compulsory acquisition as part of Zimbabwe’s controversial and notorious Land Acquisition exercise.  The Zimbabwean government has taken over hundreds of farms illegally by fast-tracking the process, evicting bona fide owners and ordering thousands of communal people to settle on properties listed for acquisition without due regard to the law. 

The Land Acquisition Act provides that owners may object to the acquisition of their properties in the Administrative Court, and the court must confirm the acquisition of the property before it is handed over for resettlement.  Until such confirmation is made, the appropriate authority over the wildlife rests with the title deed holder of the land on which the animals reside. 

However, throughout the country settlers and local District Councils have claimed the wildlife resources on listed properties for themselves, and are selling it off to the first unscrupulous buyer that comes along.  Numerous South African hunters have been fingered in the past few months for taking advantage of the confusion over land and wildlife ownership and contributing to the uncontrolled depletion of the wildlife resources on listed properties in Zimbabwe.

Some of the carcasses of the animals shot on Chipizi Farm - an eland, two kudu, a wildebeest and fourteen impala - were taken to a butchery in the nearby town of West Nicholson for processing.  The butcher, who wishes to remain anonymous, says the hunters provided their own biltong spices, and took away over 400kg of wet biltong and raw meat in two plastic crates and ten large waste-disposal bags. 

Police in Beit Bridge recovered two crates of meat, but the bags were missing when the men were arrested.  It is not known what actually happened to the remainder of the meat that was taken from the butchery, but it is suspected that it was taken to South Africa by Mr van Zyl who left before the weekend.  South African authorities are investigating.

In a radio interview about the incident, one of the South African hunters, Mr Brummer, claimed that most of the meat from the trophy hunt was given to farm workers “and the farm owner”, while the balance was to be used in exchange for curios before leaving for the border.  Asked why it was processed into biltong first, he replied that they had not realised that the meat had to be brittle-dry before it could be imported into South Africa.  Signs on both sides of the South African border clearly indicate that the South African Veterinary Services have put a moratorium on the importation of animal products from Zimbabwe because of the severity and extent of the FMD outbreak in that country.   

 Besides antelope, the South Africans also killed a hippo and a crocodile in the Chipizi dam but did not “have time” to retrieve them. War Veterans on the farm, who are believed to have been paid R7 500 for the hunt (well below National Park values), have offered Z$1 million to anyone who will retrieve the carcass of the hippo from the dam for them. 

Zimbabwe is recognised worldwide as having one of the most professional and highly-regulated hunting industries in the world, and property owners and safari operators must complete a battery of National Parks approved hunting quotas, pre-hunt and post-hunt forms before hunts can be conducted for gain and trophies exported from the country. A CITES permit is required to hunt crocodile in Zimbabwe.  

Proof of payment in foreign exchange is also required, and moneys paid to operators must be deposited in a Zimbabwean bank, in forex, within 14 days of the cessation of the hunt.  Foreign client hunts may only be conducted in the presence of a Zimbabwean-licensed professional hunter who is responsible for ensuring that all regulations are complied with and that animals are killed in an ethical and humane manner.  Furthermore, 2% levies on daily rates are payable to the Zimbabwe Tourism Authority in forex. 

It has been ascertained that the South African group complied with none of the relevant statutory instruments though they claim that their permits were in order.  Police are still investigating.

 ENDS

…………………………………………….

From The Daily Telegraph (UK), 6 September

Lions facing starvation as Mugabe men seize famous wildlife park

Harare - Five-week-old lion cubs have become the latest victims of President Robert Mugabe's lawless land grab in Zimbabwe. Their rescuers, Brendon and Lana Snook, had only minutes to load the cubs into their car, along with their son, three dogs and a few possessions, when the president's supporters invaded a wildlife sanctuary outside Harare. The family, along with the animals, found refuge with relatives in the capital, but the fate of the cub's parents, another 34 lions and hundreds of other animals remains in the balance after the seizure of the Lion and Cheetah Park. Although not a farm and with no government notices issued for its acquisition, the 1,100-acre property was taken by a retired colonel, K Makavanga, accompanied by a group of Zanu PF militia. The Lion and Cheetah Park, established in 1968 by the Bristow family as a wildlife sanctuary for orphaned animals, is one of Zimbabwe's oldest privately owned sanctuaries. Until its seizure it was home to 46 lions, three cheetahs, small herds of elephants and giraffes, hundreds of impalas and other antelopes as well as jackals, crocodiles and numerous smaller animals. The animals are known internationally for appearing in major films and documentaries filmed in Zimbabwe, South Africa and Kenya. Their credits include Mountains of the Moon, the story of Burton and Speke's search for the source of the Nile, King Solomon's Mines, with Richard Chamberlain and Sharon Stone, and A Far Off Place, starring Reese Witherspoon. The park also encourages a wider understanding of conservation by subsidising the visits of over 3,000 schoolchildren a month.

Col Makavanga had approached the park's management with the idea of expanding its operations into surrounding farms. He claims that instead of responding to the proposal, Mr Snook, the park manager, incited the workers to attack a passing "war veteran" and other militants then came to his aid. Mr Snook denies this version of events, saying the proposal submitted by Col Makavanga was unworkable and this prompted the colonel and his supporters to invade the park. Mr Snook's version was backed up by staff members who spoke to The Telegraph. Although Col Makavanga has expressed an interest in continuing the operations of the wildlife park, its owner, Viv Bristow, 58, fears for the welfare of the animals. "Running a park of this nature is a complex and costly operation," he said from South Africa, where 10 of his lions are being filmed. You need to understand the physiological needs of a wide range of animals, you must be licensed to use dangerous drugs, and know how to prepare food and care for the animals." Thousands of wild animals on private land have been killed, poached or died of neglect since the land redistribution programme began in 2000. Mr Snook, 40, said a request to move the animals off the land had been denied by Col Makavanga. "If we cannot get them off or get food to them soon, they will begin to die," he said. "More worryingly, once the lions get hungry they will easily find a way out of their enclosures and there is a lot of human settlement adjoining the park." The animals are at present being cared for by the staff of the park despite threats of beatings and having their houses burnt down. "If these war veterans take this place, the animals will be killed or will die and we will lose our jobs," said one of the workers. "All around us are derelict farms that have been destroyed by these people and this park is more difficult to run than a farm."

Tsvangirai's co-accused, the MDC's secretary-general Welshman Ncube and
agriculture spokesperson Renson Gasela, were in August acquitted by Judge
President Paddington Garwe in a case that has attracted international
attention.

The Zimbabwe Independent heard this week the state wanted to change the
indictment to supplement the video and audio evidence supplied by Canadian
lobbyist Ari Ben-Menashe which has been described as grainy and inaudible.

Efforts to get confirmation of the intended amendment from the
Attorney-General's office were unsuccessful yesterday. However, Tsvangirai's
lawyer Innocent Chagonda on Wednesday confirmed the state's filing of an
application to bring supplementary evidence.

"We are aware that the state filed a notice in court to amend the indictment
but I cannot say much at the moment," said Chagonda.

The case should have restarted on Monday with Tsvangirai being put to his
defence but was postponed to October 27.

Legal sources said the manoeuvre by the state was potentially embarrassing
as it exposed the possible failure of the first indictment to secure
conviction in the treason trial using the taped evidence. The state closed
its case on June 26.

While Chagonda could not provide details of the amendment, sources at the
Attorney-General's office yesterday said the state wanted to move the goal
posts and allege that Tsvangirai attended a meeting where the issue of a
transitional government was discussed. The state would use this to bolster
its argument that Tsvangirai's attendance at the meeting was tantamount to
wanting to eliminate Mugabe.

"Since the state has already closed its case, in the event of the court
allowing the amendment to the indictment, it means the state would have to
retrace much of its footsteps," a legal source said. "This might also entail
re-calling Ben-Menashe and other witnesses."

A senior lawyer in Harare yesterday said the state's action would amount to
applying double jeopardy.

"This is baffling. A case should either fall or stand on the basis of
evidence presented when the state says it has closed its argument," the
lawyer said.

Tsvangirai, Ncube and Gasela denied the charge when the trial opened in the
High Court in February. The three MDC leaders applied for a discharge when
the state closed its case in June saying the prosecution had failed to prove
a prima facie case against them.

The court acquitted Ncube and Gasela but ruled that Tsvangirai had a case to
answer. The state case revolved around the secret recording by Ben-Menashe
of meetings held with the MDC leaders in Montreal and London. The
evidence-in-chief was the tape made on December 4 2001, three months ahead
of a disputed presidential election that pitted Tsvangirai against Mugabe,
and which Mugabe won.

It was made using hidden surveillance cameras in the offices of Ben-Menashe
whom the MDC say they approached to do promotional work for them in North
America.

On the tape, which Ben-Menashe gave to the Zimbabwe authorities, Tsvangirai
is alleged to have requested the consultant's help in "eliminating" Mugabe
and organising a coup d'etat to oust his government.

"The minister plans to hold meetings with all the newly-elected mayors,
probably starting this weekend," said a source. "The intention is to provide
them with guidelines on how he expects councils to be run."

MDC Local Government spokesman Gabriel Chaibva said this week that the
mayors were ready to resist Chombo's attempts to interfere in council
affairs as he had done in Harare and Chegutu.

"We are equipping our mayors on how to handle Chombo," said Chaibva. "They
(the mayors) will attend the meetings called by Chombo, but will resist his
attempts to incapacitate their council elections. It would be unfortunate if
Chombo wants to meet the mayors outside the premises of the Urban Councils
Act, and we would not accept that."

Harare mayor Elias Mudzuri was in April suspended by Chombo on allegations
of insubordination. Chombo's interference in the running of Harare has
hampered the turnaround strategy launched by Mudzuri and the predominantly
MDC Harare City Council.

Chaibva also blames Chombo for the chaos that prevails in the Chegutu
council, where an MDC mayor, Francis Dhlakama, has escaped several attempts
on his life by the ruling party.

"The Chegutu case is a clear sign of what Zanu PF intends to do in towns and
cities in order to prevent its collapse," said Chaibva.

"The MDC mayor in Chegutu has been harassed, and actually survived attempts
on his life in order to scare him into capitulating to Zanu PF's intentions.
In last month's elections, Zanu PF prevented our candidates from reaching
the nomination courts so that the Chegutu council is controlled by their
councillors."

Chaibva said the MDC would file an appeal to the Supreme Court next week
against the ruling made by High Court judge Ben Hlatshwayo on the Chegutu
nomination process.

Hlatshwayo dismissed an application by 11 members of the MDC challenging the
nomination process in Chegutu where they were barred by a Zanu PF mob. Zanu
PF subsequently won the 11 wards in Chegutu unopposed.

      His lawyer Jonathan Samkange yesterday confirmed his client was suing
for damages. Summons should be delivered to the respondents next week, he
said.

      "Yes, I can confirm that I am issuing summons against all the
respondents in the constitutional case for damages because the court said
the arrest was unlawful," he said.

      In his Supreme Court application, Paradza said his arrest was
unprocedural. He accused Chief Justice Godfrey Chidyausiku and High Court
Judge President Paddington Garwe of allowing his arrest thereby compromising
the independence of the judiciary.

      He said the two senior judges had allowed this to happen because they
did not want to cross paths with the executive.

      Samkange could not provide details on how much his client was
demanding in the lawsuit but the Zimbabwe Independent has it on good
authority that the amount is around $500 million.

      The respondents are Chinama-sa, Police Commissioner Augu-stine
Chihuri, former Attorney-General Andrew Chigovera, ma-gistrate Mishrod
Guvamombe, and senior police officer Chief Superintendent Nyathi who was the
arresting officer.

      Samkange said Nyathi was being sued in his personal capacity for
effecting the unlawful arrest.

      "Supt Nyathi is being sued in his personal capacity because he obeyed
an unlawful instruction," said Samkange.

      Paradza was arrested in his chambers on charges of attempting to
defeat the course of justice and appeared before Guvamombe who remanded him
out of custody on $20 000 bail.

      He faced an alternative charge of trying to persuade Justices Maphios
Cheda and George Chiweshe to breach a section of the Prevention of
Corruption Act.

"These actions are unwarranted infringements on press freedom and they are
the latest incidents in a pattern of intimidation and violence directed
against the local media." - Adam Ereli, deputy spokesman for the US State
Department.

"The outside world will see it for what it is - an attempt to stifle
independent scrutiny and silence democratic voices in Zimbabwe. We will
continue to support all those in Zimbabwe working for a return to a
democratically-elected and accountable government which respects human
rights and the rule of law." - British Foreign Secretary Jack Straw.

"The forced closure of the Daily News is yet another clumsy assault by the
government on free media in Zimbabwe. Clearly what bombs failed to achieve
in 2000 the state has achieved by its closure of the Daily News." -
Independent Journalists Association of Zimbabwe.

"It is regrettable that the ambitious thrust by the Minister of Information
and Publicity to enact, by any means, unconstitutional legislation designed
to arrest expression, has now been given judicial approval by a court
entrusted with the protection of fundamental freedoms and universally
recognised human rights to ensure justice and freedom in Zimbabwe.

Repression may therefore have sadly found itself an ally against human
rights defenders, in the form of the judiciary." - Zimbabwe Lawyers for
Human Rights.

"This is a crude attempt to silence an inconvenient voice. No amount of
heavy-handed repression by a desperately insecure government will disguise
the trail of criminal misrule which the Daily News, together with other
independent papers, has done so much to expose." - Zimbabwe National Editors
Forum.

"The closure (of the Daily News) robs the country of one of the few
alternative voices in an increasingly restricted space where Zimbabweans can
freely express themselves." - Misa.

"It is a major attack on the freedom of the press." - Commonwealth
spokesman.

"There is freedom of the press here, but there is no freedom to act as an
outlaw. We registered almost all the other private newspapers which applied,
but these people chose to play to the gallery, and now want to cry foul
because the law has caught up with them." - Media and Information Commission
boss Tafataona Mahoso.

"The Crisis Coalition is stunned by the irregularity with which this case
has been handled, and the perverted sense of justice demonstrated by the
Supreme Court in this instance." - Crisis in Zimbabwe Coalition.

Party insiders said the properties, owned by Zapu-affiliated Nitram
Holdings, would be handed over at a closed-door meeting in Bulawayo this
weekend to a committee made up of members of the Zipra High Command during
the liberation war.

Nitram director Dumiso Dabengwa this week confirmed that all the Zapu
properties were returned by the government and said Nitram was looking at
ways of how the properties could be managed by members.

Dabengwa could not confirm however whether chefs renting the Zapu farms had
vacated them.

"The properties were returned by government a long time ago," said Dabengwa.
"However, what we need to do is to find mechanisms on how to manage the
properties now that they are in our hands."

The government seized the properties after arms caches were allegedly
discovered at Ascot and Hampton farms in 1982. The government seized other
Zapu properties on the pretext that they were hideouts for dissident
plotters against the government.

The other properties include Nest Egg poultry farm in Hope Fountain and
Woodglen Farm along the Victoria Falls road. Also confiscated were removals
company Black Cat, Kudu Motors and Castle Arms Hotel in Richmond.

Party sources said Zanu PF chairman John Nkomo and Dabengwa were
instrumental in securing the release of the properties that include farms,
buildings, a service station, a hotel and several business units.

War veterans national acting chairman Patrick Nyaruwata will join Dabengwa
and Nkomo at the Bulawayo indaba.

The farms and properties fell under Nitram Holdings, a company formed by
PF-Zapu using money raised from contributions from ex-Zapu cadres and
ex-detainees.

Highly placed sources in the party said the local politburo and central
committee leadership was worried by divisions among war veterans that
culminated in the ousting of provincial chairman Jabulani Sibanda from both
the party and the war veterans association and hence their move to have the
properties returned as a way of uniting the war veterans.

The leadership in the province is backing Nkomo for president and the move
to have the farms and property returned is aimed at pacifying former Zipra
fighters who are divided over who to back as Mugabe's successor, sources
said.

Sibanda is backing the candidacy of party secretary for administration
Emmerson Mnangagwa

War veterans and Zanu PF provinces are going to play an instrumental role in
the succession issue, hence the need by those jostling for the post to win
the loyalty of the two groups.

Diplomatic sources said Zimbabwe was still viewed in the donor community as
a rogue state and was seen to be dragging its heels on political dialogue.

"Efforts towards reviving dialogue between Zanu PF and the MDC have not
yielded anything tangible so far, despite the so-called talks about talks,"
said a diplomatic source.

Victor Angelo, the UNDP resident representative in Zimbabwe, has been
arranging meetings between the government and donors' representatives with
the aim of making both sides understand the other's needs as well as
expectations.

"The resident representative has in the past weeks convened several meetings
between the government and donors' representatives to consider the appeal
for humanitarian assistance as well as assess the situation," said Annika
Rosing, a UNDP official in Harare.

The meetings are understood to have culminated in the reversal by government
of an earlier policy to have food aid only channelled through government
structures.

Zimbabwe, with the world's fastest shrinking economy, appealed for
humanitarian assistance at the end of July. Harare has requested 600 000
tonnes of food aid, a large variety of medicines, as well as $885 billion
for revival of the agricultural sector.

It is understood the local UNDP office has urged government to address the
land reform issue and was given an assurance by President Mugabe that he
would implement the recommendations of the Presidential Land Review
Committee. The first step, as Mugabe has already indicated, would be
recovering farms from government and Zanu PF officials who are multiple
owners.

Another diplomatic source added that food and medical assistance could
eventually be secured from donors who are keen not to punish the most
vulnerable groups for their government's "sins". But it may not be on the
scale needed.

Government had expected companies and the public to offload excess cash into
the system. But they appear to be hanging on to the little they have. Cash
remittances to the central bank have plunged despite announcements that the
$500 note would soon cease to be legal tender.

It is reliably understood that government might extend the grace period for
individuals holding the notes to deposit them.

The cash crisis this week remained critical as depositors declined to
surrender their cash, preferring to spend it on day-to-day needs as
inflation officially reached 426,6% but in reality nudged 600%.

An official at Intermarket Building Society's Newlands branch said the
situation had worsened during the last two weeks with deposits shrinking
even further.

"Deposits are at their lowest since the cash crisis started. There is also
very little coming in from the central bank," the official said.

Banks are receiving as little as $1 million a day from the Reserve Bank of
Zimbabwe (RBZ).

Government announced this week that it would introduce "bearer cheques" for
use as cash to ease bank-note shortages.

But analysts said it remained unclear to business and the general public how
the new purchasing system works.

"The government has remained silent on what will happen to the old notes
that are in circulation," the analysts said. "There is no proper framework
for the transition from the $500 notes to the rebranded ones. It is also not
clear what will happen to retail shops who receive the old notes a day
before the deadline."

Analysts said government's campaign to encourage individuals and businesses
to surrender their cash was flawed. They said the advertisements flighted in
the media only notified the public of the introduction of new notes without
saying clearly what the fate of the old ones, which are still in
circulation, would be.

The Daily News and Daily News on Sunday had refused to register with the
Media and Information Commission on a point of principle. The papers in the
ANZ stable said clauses in the Access to Information and Protection of
Privacy Act (Aippa) requiring journalists to register were unconstitutional.

The Supreme Court said the Daily News had approached the court with "dirty
hands" as it should have first complied with the law.

Zimbabwe Lawyers for Human Rights (ZLHR) and Crisis in Zimbabwe Coalition
this week strongly criticised the Supreme Court ruling and the subsequent
action of the police in closing the papers.

"ZLHR notes with grave concern that the Supreme Court ruling effectively
resulted in the biggest assault on the right of freedom of expression in the
history of our Independence," ZLHR said.

"Repression may therefore have sadly found itself an ally against human
rights defenders, in the form of the judiciary," the lawyers said.

Crisis in Zimbabwe Coalition said it had been stunned by the court's ruling.

"The Crisis Coalition is stunned by the irregularity with which this case
has been handled, and the perverted sense of justice demonstrated by the
Supreme Court in this instance," it said. "In a democracy, citizens should
be allowed to challenge the constitutionality of a law before having to
comply with it, without being accused of subverting the legal process."

The Coalition said it was unprocedural for the police to enter a building,
detain several officials for questioning and close down a business without
producing a court order or explaining the legal foundation for their
actions.

Following the Supreme Court ruling on Thursday, police on Friday moved in to
close the ANZ offices, effectively halting publication of the two papers.

On Tuesday police seized computers and photographic equipment from the two
publications allegedly to use as exhibits in court.

"ZLHR notes with alarm that despite being served with an urgent court
application to prevent the removal of equipment, the police have recklessly
continued with their conduct, unconcerned as to the outcome of the court
proceedings," ZLHR said.

"In view of the intransigence of the police, ZLHR is concerned that the case
for the interdict has not been dealt with as urgently as the circumstances
dictate," the legal grouping said on Wednesday.

"It is regrettable that this seems to have become the modus operandi of the
courts when dealing with matters involving universally recognised human
rights and fundamental freedoms," it said.

Meanwhile, Manheru’s acolyte Munyaradzi — ha ha ha — Huni (not to be
confused with Ma — ha ha ha — hoso) has been making some rather revealing
remarks.

“Life has become unbearable,” he admits. “There is no cash in the banks, no
fuel at the filling stations. Prices of commodities are going up on a daily
basis…It’s so frustrating.”

Welcome to the real world Cde Huni. But of course it’s not the government’s
fault.

“When things are so tough, the tendency is to put all the blame on the
government and at times one’s anger can make him or her believe that ‘it’s
this government that’s causing it all’.”

But that’s not fair, Huni declares. “The government is doing all it can to
revive the economy, but it is being let down by the opposition MDC that is
not playing its part in calling for the lifting of sanctions…”

So it’s all the MDC’s fault you see. If only President Mugabe and Grace were
given access to Harrods the nation’s problems would be a thing of the past.

Others responsible for the government’s plight are civil servants who are
sabotaging the economy by failing to implement government policies, and “of
course government is being let down by some corrupt officials in its midst”.

Of course!

What makes all this more painful, a clearly pained Huni whines on, is that
“some” business people who are sabotaging the economy are “those who have
benefited a lot from the government’s indigenisation policy”.

Surely not! But don’t worry. Every cloud has a silver lining. The government
is “slowly getting it right in the fuel sector”, 300 000 people have been
resettled (that figure again!) on the farms, and “once agriculture works,
there will be a lot of products to sell in the shops and once this happens
the prices of basic commodities will go down”.

That’s not the end of the good news. “Once agriculture works the foreign
currency crisis will be solved because there will be a lot of products to
export.”

So there you have it. No need for the MDC to dig government out of this hole
is there? “Once” agriculture comes right, then all these problems will be
solved — just in time for the 2005 election.

Next week: Munyaradzi Huni on flying pigs.

Mourners at the funeral of the late Robert Marere at Heroes Acre last Friday
were shocked by what his brother had to say in his graveside eulogy. In
front of the president, ministers and armed service chiefs the younger
Marere blurted out the following: “Today we mourn one of the country’s
national heroes that we are laying to rest here at Heroes Acre, Robert
Gabriel Mugabe.”

Was this a slip of the tongue? We don’t know. But everybody laughed
including the president. We’re glad he saw the funny side of it. But Marere
Jnr might consider it wise to lie low for a while.

By yesterday the RBZ had not responded to questions sent to it two weeks ago
on the issue but insiders said the move could be implemented as soon as next
month.

"A meeting was held by senior RBZ officials at which this was discussed and
generally agreed upon as a good and effective way of improving our foreign
currency levels," an official said. "Besides, it was generally agreed that
individuals importing luxury items would not cry foul because they have
access to foreign currency stashed in their offshore accounts."

The official said luxury items to be taxed in foreign currency included
motor vehicles, home appliances, spare parts and clothing.

Chairman of the parliamentary Portfolio Committee on Finance and Mutoko
North MP David Chapfika has come out strongly on the foreign currency issue
and its abuse, saying there are "too many Mercedes Benz vehicles" in
Zimbabwe yet there is no foreign currency for essential commodities in
banks.

Imported Mercedes Benz, BMW, and Lexus models including their 4X4 versions
can be seen racing down Samora Machel Avenue - the street housing the RBZ
headquarters. Imported wide-screen television sets have also become a must
in the lounges of designer mansions.

Despite this flashy lifestyle by the well-off, Zimbabwe continues to
experience difficulties with its balance of payments.

The current account deficit for this year is forecast to be US$1 billion,
while a capital account deficit of about US$300 million is predicted, up
from about US$200 million last year. As a result of the weak balance of
payments position, gross foreign exchange reserves are expected to average
about one month of imports while usable reserves are expected to cover only
a few days of imports.

The country's total external payment arrears are estimated at US$1,6 billion
as at June 30 from a position of US$1,3 billion at December 31 2002.

Government arrears account for 67% (US$1,07 billion), while parastatals and
private sector arrears represent 31% (US$0,5 billion) and 2% (US$0,03
billion) respectively.

Economists say the monetary policy is unlikely to have a resounding impact
on Zimbabwe's ailing economy. Sources in the Ministry of Finance and
Economic Development said the new policy would see the announcement of the
much-awaited devaluation.

"Indications are that we are likely to have devaluation. However, the
devaluation will not be in the same mould as the one that happened in
February under the National Economic Recovery Programme (Nerp)," said a
ministry official. "We might actually see a devaluation of between 100% and
200%."

The official said although slashing interest rates was anticipated it was
likely that government would remain silent on the issue.

Analysts said the policy should deal with the galloping inflation, the
official exchange rate that is lagging far behind the parallel market rate,
as well as the interest rates.

"The new policy, if there is any, should make it clear to the responsible
authorities that we need balance of payment support to stabilise our foreign
exchange rate," said a Zimbabwe Economics Society official.

"It needs to be clear that in a country where exports are declining and low
investor confidence there is need for the Bretton Woods Institutions. The
go-it-alone attitude will not get us anywhere. There is also need to address
the investor confidence which is at its lowest."

Under Nerp, cobbled together in February, government promised to review the
exchange rate quarterly.

Analyst now say the programme has been overtaken by events due to
government's bureaucratic decision-making.

Some analysts are however, sceptical that the new policy will spur the
economy on.

"There is probably nothing new that Herbert Murerwa will tell us," an
analyst from a stock broking firm said.

"It might be more rhetoric yielding no results. We even doubt whether the
policy will be tabled."

Made on Wednesday published a list of 71 farms to be compulsorily acquired
in terms of Subsection (1) of Section 5 of the Land Acquisition Act (Chapter
20:101).

This section allows President Mugabe to acquire compulsorily any piece of
land he desires for government's resettlement programme.

In an advertisement for the acquisitions flighted in the Herald Made said
any owner or occupier or any other person who had an interest and right in
the said land and who wished to object to the compulsory acquisition could
lodge his objections with his ministry in writing before October 17.

Analysts said this made a mockery of the whole land deal and its
transparency because individuals who did not appear on the Utete list could
now snap up land that was being advertised by Made.

The minister was said to be in constant meetings when a comment was sought
from him on the issue.

Several prominent individuals and high profile companies are to have their
land taken up by government in the latest move, largely seen as the last
phase of the controversial fast track land resettlement programme.

Farms to be snapped up by Made in the latest swoop include those belonging
to the Oppenheimer Ranches (Pvt) Ltd, a cash rich family with diversified
investments in South Africa, the United Kingdom and Zimbabwe.

Made also intends to take away land belonging to Leibigs Zimbabwe Ltd, a
Matabeleland-based company that supplies beef to the financially beleaguered
Cold Storage Company, Willdale Ltd in respect of land situated in Harare, as
well as the Trustees for Time Being of Banket Sports Club for its lucrative
piece of land in Lomagundi.

Another high profile piece of land to be taken over is Lilfordia Estates
(Pvt) Ltd for its Sunnyside Farm.

Meanwhile, government says the agriculture sector has continued to be
adversely affected by the recurrence of drought, fuel problems, high input
costs, shortages of foreign currency and agricultural inputs.

It said this had resulted in a marked decline in most of the major sub
sectors.

"Agriculture is expected to recover by 2,3% this year, largely due to some
improvement in the maize crop," government said in a document.

The closure of the Daily News last weekend and the subsequent seizure of its
equipment by police follows electoral setbacks suffered by Zanu PF two weeks
earlier. Those local government elections showed that despite mounting
repression the Zimbabwean populace will not be cowed. Zanu PF lost in nearly
all major centres.

Some background here may be instructive. In mid-2000, in a bid to counter
the swing against Zanu PF that the defeat of its constitutional proposals
represented, Information minister Chen Chimutengwende was replaced by
Professor Jonathan Moyo who had been the chief spokesman of the failed
constitutional commission. The chairman of that commission is now chief
justice.

Moyo's brief was to reverse the growing sentiment in the country that Zanu
PF was an exhausted volcano. It may have succeeded 20 years earlier, as the
party of liberation, in capturing the popular imagination but it was clear
to all, including Moyo if his newspaper articles were anything to go by,
that it had betrayed its mandate and failed the nation. A post-liberation
aristocracy had translated political power into national ownership.

Corruption had become endemic, the economy was ineptly managed, and the
ruling party itself was unable to offer anything but fossilised mantras.

The 2000 referendum defeat was a wake-up call to the country's sclerotic
elite. The near-defeat of the ruling party in the subsequent general
election simply intensified their alarm.

The reaction was two-fold. Mugabe appointed what his friends in the media
liked to call "technocrats", individuals with management experience who
would project a dynamic government profile. At the same time the regime was
planning a brutal assault on the commercial farming community as a
punishment for having supported the new opposition MDC in its "No" campaign
and the general election. This was not dissimilar to the campaign it had
conducted against "dissidents" in Matabeleland in the 1980s.

Indeed, some of the same people were involved.

Against a background of state-sponsored violence and lawlessness the
"technocrats" made little progress. First Nkosana Moyo and then Simba Makoni
found it impossible to produce results so long as President Mugabe regarded
economic reform as part of the global plot against him. Apart from the
rather insignificant July Moyo, that left Jonathan Moyo and Joseph Made, the
latter increasingly sounding like an empty echo of the former, and certainly
no technocrat if competence was the criterion!

Moyo in turn echoed Mugabe's bitter denunciations of Zanu PF's critics. And
by crafting the misnamed Access to Information and Protection of Privacy Act
he fulfilled his sponsor's long-standing desire to crack down on the
independent media while imposing conformity on the so-called public media.

But despite a number of arrests, the independent press refused to be
muzzled. It continued to expose the regime's trail of criminal misrule,
laying bare the hypocrisy of a president and party that had pauperised the
country while claiming to be empowering its people.

Despite what could be seen as a more compliant judiciary, the state failed
at every turn to silence the free media. Until last weekend that is. The
Supreme Court ruling that ANZ's refusal to register with the Media and
Information Commission, which represents nobody but the minister himself,
had placed it on the wrong side of the law led to the events of this week
where the police seized the company's equipment.

This vindictive move is a short-term triumph for the reactionary gang around
Mugabe. But, like all their other repressive measures, it will simply
complicate life for them. For they cannot close down what people think.

Did ministers really believe the public would be prepared to go back to
relying on the dissembling Herald and Sunday Mail for their news? Once
people have experienced a free press they will never want to be hoodwinked
again by papers attempting to cover the government's dirty footprints.

The Daily News, together with other independent papers such as ours, has
done much to expand the frontiers of freedom in Zimbabwe over recent years.
If the government thinks it can take us back to an era of managed news by
self-interested politicians, then it is even more delusional than we
thought.

Moyo has conspicuously failed in his bid to crush dissent or to create
public approval for government's self-serving notions of sovereignty and
independence. The assault on the Daily News will embarrass Zanu PF's friends
in the region and oblige them to step up pressure for Aippa's repeal. It is
in every sense an own goal. As Nigeria's decision to bar Mugabe from the
Commonwealth summit in December shows, the regime has never been so
discredited nor so isolated.

Meanwhile, there will be more challenges to Aippa quite apart from the ANZ
case. The Independent Journalists Association of Zimbabwe (Ijaz) and the
Foreign Correspondents Association are currently awaiting rulings in cases
they have brought against the poorly drafted Act. A section of it has
already been struck down. The Zimbabwe Independent and Standard are awaiting
the outcome of the current challenges before launching their own
applications.

All of us here at the Zimbabwe Independent express our solidarity with ANZ
staff in this time of trial. Nqobile Nyathi has proved an immensely brave
editor. She and her staff at the Daily News and those at the Daily News on
Sunday have our full support. I have no doubt they - like the people of this
country - will emerge victorious in the end in this struggle with tyranny.
In the long run of history, the censor has always lost.

I thought that the simplest and quickest way to move "cash" into the Cabs
account would be to draw travellers' cheques from my current account and pay
them straight into the Cabs account. That way, since they are "as good as
cash", I would have immediate access to that money.

Not so. Cabs regard travellers' cheques as cheques, not as cash, and want
three weeks to clear them. And Barclays also tell me that if I were to pay a
travellers' cheque into my current account, they too require a
cheque-clearance period. What are they clearing?

I cannot buy a travellers' cheque from my commercial bank unless I have
cleared funds available. Payment against a travellers' cheque is not subject
to there being funds in my account at the time that it is "cleared". The
travellers' cheque has already been paid for.

All that is necessary for a travellers' cheque to be cleared is for it to be
verified that the two signatures on it are from the same (any) person (not
that it is the signature of an account-holder whose sample signature is kept
on file at the bank) and that the cheque itself is not forged.

These should be able to be done by the teller in the same way that tellers
are able to verify the legitimacy of any bank notes that they accept for
deposit.

By wishing to "clear" the travellers' cheques, Cabs and other commercial
banks are implying that they could subsequently choose to decline them.

So what could happen is that, after a couple of weeks, Cabs could return my
travellers' cheques to me having declined them.

I would then presumably have to pay them back into my account at Barclays,
who would again require their clearance period, and who could, presumably,
also decline them. Where would that leave me and my "cash"? And if Cabs and
Barclays think that this scenario is impossible, why do they need the
clearance period?

So what is happening to the money paid for travellers' cheques while they
are waiting for "clearance"? Cabs and commercial banks are evidently able to
use my cash for their own purposes for several weeks while they do not allow
me to use it.

They are the only ones benefiting from the use of Zimbabwe travellers'
cheques. It certainly isn't their customers.

And where is the Reserve Bank while this farce is being enacted?

Roger Stringer,

Mount Pleasant.

Many again claimed that they knew nothing of these things, implying that if
they had they might have done something to challenge or confront the
perpetrators.

The same happened in South Africa when finally the grotesque system of
apartheid was dismantled and the Truth and Reconciliation Commission started
to unearth some of the appalling human rights abuses of that era. The
response of many who had not suffered personally - indeed who had prospered
under apartheid - was a rather disingenuous: "We didn't know.

We had no idea."

For those who would prefer not to acknowledge the terrible reality of life
under the present Zanu PF regime, a professed ignorance is often the first
line of defence. And this escapist response is facilitated by the regime's
own propaganda machine which deliberately sows confusion along with
disinformation.

It is for precisely this reason that the Zimbabwe Independent's report on
the National Youth Service Training programme on September 5 is so timely.
The report is to be welcomed and its authors congratulated on exposing a
pernicious evil that masquerades behind a mask of respectability.

Though there have been other reports from human rights groups and
journalists touching on the youth militias, this is the first detailed,
factual and independent report of their training and activities. And now
that this report is in the public domain, there can be no possible
justification for the lame excuse "I didn't know" - whether coming from a
Zimbabwean or the international community.

The propaganda arm of Zanu PF has done its utmost to project the National
Youth Service Training programme as a respectable scheme that imparts useful
skills and healthy community values to the youth of the nation. The report
makes clear that this is far removed from the truth.

In reality, it is a paramilitary training scheme intended to provide those
in power with a useful pool of brain-washed hooligans, brutalised by
violence, and ready to do whatever dastardly acts their masters require of
them - the final objective of course being to keep their masters in power
for ever.

Hence the politically-motivated torture, rape and murder by the militias
which is carefully documented in the report.

In a passionate appeal which accompanies the report some of the region's
leading clerics and church groups make the point that the youth militia
programme has introduced into the body politic of this country a virulent
cancer which leaves only death and destruction in its wake.

"The moral, spiritual and physical well-being of a whole generation of
Zimbabweans is being sacrificed for the short-term political advantage of
those in power, with incalculable long-term effects upon the very fabric of
the nation," they say. Then they ask pertinently: "How … will it ever be
possible to reintegrate these young people into the communities they have
terrorised?"

I agree entirely with the authors of the appeal that the terrible danger
posed by this potent evil must be faced with the utmost urgency. Moreover,
because it is such a blatant evil surely we can expect the church to act as
one in this instance, condemning the programme in its entirety and demanding
its immediate cessation.

Over the past four years of continuing crisis there have been some issues on
which Christians have not agreed entirely. There has been room for
legitimate differences of opinion and for different strategies to counter
the growing evil. But surely on this issue all must be in agreement, indeed
all men and women of goodwill who have a care for the nation's youth and the
country's future.

The words of an old hymn come to mind:

"Once to every man and nation

Comes the moment to decide,

In the strife of truth with falsehood,

For the good or evil side …"

The hymn continues:

"Then it is the brave man chooses,

While the coward stands aside,

Till the multitude make virtue

Of the faith they had denied."

It is surely the responsibility of every Christian to read the report on the
militias, and the duty of every church leader to facilitate that process. It
should be a matter of urgent debate in church councils across the land.

And then I suggest, again as a matter of extreme urgency, a national
petition in support of the church leaders' appeal.

The petition would call for an immediate halt to this Satanic programme, and
for urgent steps to be taken to rid ourselves of the cancer and bring
healing to the nation. It could be organised through the churches but should
be open to Christian and non-Christian alike to show their support.

Rev Graham Shaw,

Bulawayo.

The speakers were David Chapfika, Tendai Biti, Shakespeare Maya and Samuel
Udenge.

If I had any illusions that a serious analysis and relevant solutions would
be forthcoming, I was soon confronted with reality. The first speaker was
David Chapfika, the Zanu PF MP who is apparently the chairman of some
parliamentary finance committee.

I can remember little of his contribution other than his mentioning
something he saw on CNN that morning, and that the banks were to blame for
the cash crisis - something about them all dealing on the black market for
foreign currency and there being many thieves operating in the Zimbabwean
economy.

Needless to say his admission that he watched CNN and that he knew who the
thieves were brought the house down in howls of laughter. Nothing the
honourable MP said suggested that any solution to Zimbabwe's economic crisis
would come from Zanu PF or the parliamentary finance committee of which he
is chairman.

Next came Tendai Biti, MDC's shadow Minister of Finance. He, correctly, drew
attention to the fundamental political nature of all the various Zimbabwean
economic crises.

We were then subjected to the irrelevant Shakespeare Maya - another example
of that well-known Zimbabwean phenomenon: the publicity-seeking leader of a
political party that exists only in his own head. At least such meetings
give him an audience far larger than he would otherwise be able to attract
as leader of NAGG.

Finally we were entertained by the ubiquitous Stan Udenge, economic
consultant extraordinaire. He waffled on about how many organisations he
does consultancy work for, and also found time to restate his opposition to
devaluation - suggesting that we need to "throw away the text books".

Surely even Udenge must be aware that the reality in Zimbabwe is that there
has been a de facto devaluation. Does he know anyone who can source foreign
currency at the official rate other than the chefs and their buddies?

One wonders if Udenge and other delusional "economic consultants" so beloved
of ZTV have ever read the text books that he urges us to "throw away".

Apart from a few trite and superficial remarks about the cash crisis,
nothing of the subject matters supposedly under discussion was dealt with.
On the basis of this meeting there is little cause for optimism that any
member of government or any of the self-proclaimed economic consultants or
delusional leaders of minuscule political parties can offer anything
positive towards resolving our ever deepening financial and economic crises.

RES Cook,

Harare.

That decision is remarkable because it represents a major setback to the
protection and enjoyment of human rights in Zimbabwe.

With all due respect to the Supreme Court, it may have erred in its reliance
on the controversial "Clean Hands" doctrine in a matter involving
fundamental constitutional rights. We must question the suitability of
applying this equity-based doctrine and advance the argument that the
doctrine is inapplicable as a bar to constitutional remedies.

According to Black's Law Dictionary (2000) a party cannot seek equitable
relief or assert an equitable defence if that party has violated an
equitable principle such as good faith. It bars relief to persons who are
guilty of misconduct in the matter for which they seek relief. It is a
positive defence that is available where the complaint by the claimant is
equitable.

Equity refers to a select set of remedies and associated proce-dures and
normally these equitable doctrines and procedures are distinguished from
"legal" ones. Equitable relief is generally available when a legal remedy is
insufficient or inadequate. The distinction between law and equity arose in
England where there were separate courts of law and of equity. These rights
and procedures were created to provide fairness, unhampered by the narrow
confines of the old common law or technical requirements of the law.

However, in modern days separate courts of equity have largely been
abolished and the same courts that may award a legal remedy have the power
to prescribe an equitable one. It is notable also that it is quite a
controversial doctrine, particularly in the sphere of public law where the
formulation is that the responsibility of the state is not engaged when the
complainant has acted in breach of the law of the state. As an equitable
rule extended to the domain of law, it is necessary to be cautious when
applying it, particularly in cases where fundamental legal rights are
involved.

The matter before the Supreme Court was not a matter of equity but one where
fundamental constitutional rights were involved and the court ought to have
taken caution in applying this doctrine. Quite surprisingly, it was a
unanimous decision, meaning that no single member of the bench saw anything
amiss in the blanket application of this doctrine and its implications in
relation to the enjoyment of constitutional rights.

The decision has the implication of undermining the supremacy of the
constitution by relegating constitutional rights below the dictates of
parliamentary legislation. It makes a mockery of the constitution and
subjects citizens to the whims of the ruling party with a parliamentary
majority. The constitution is the fundamental law of the country with which
all legislation must comply. If legislation contravenes the constitution
citizens are entitled to approach the Supreme Court to strike out the
offensive sections. This is what ANZ did but the court accepted the state's
argument that, since the ANZ had not complied with the registration
requirements of the law they were challenging, they had "dirty hands" and
the court could not assist them.

The implication is that citizens must first comply with a law even if that
law violates their fundamental rights guaranteed by the constitution before
challenging it in court. The ruling party can, at any time, exercise its
parliamentary majority to infringe people's rights knowing full well that
they will be forced to comply as they cannot approach the court unless they
have done so lest they be tainted with dirt for refusing to obey the law. It
raises the question of whether it is the constitution or an oppressive piece
of legislation that they ought to obey. It makes a mockery of constitutional
guarantees of protection and enjoyment of human rights to expect citizens to
comply with infringing laws first before challenging them.

There may indeed be situations where giving away the rights in compliance
with legislation will effectively close the door to the challenges against
the law. For example, where a piece of legislation deprives one of his
entire property, if that person so complies, he will be left with no
resources to make a constitutional challenge. It does not make sense that
when faced with laws that violate their freedoms citizens should sit back
and accept the violation and then complain afterwards.

The constitution specifically gives citizens the right to approach the court
to challenge the legislation and without the help of the court the citizens
will be left at the mercy of the party with a parliamentary majority. In a
situation where the ruling party does not have the necessary majority to
change the constitution, it can always draw up parliamentary legislation
that deprives people of their rights, thus circumventing the constitutional
amendment process. They can do so especially where they seek to effect
certain measures that can have lasting effects knowing full well that by the
time the people challenge the constitutionality of the law they will have
complied in order to satisfy the "Clean Hands" doctrine to get access to the
court. By then, the state will have achieved, through parliamentary
legislation, what it may not do through the constitutional amendment
procedure. The rule that forces compliance before approaching the court
primarily serves the interests of the state and not the rights of
applicants.

Further and in any event, persons who challenge the constitutionality of
legislation normally do so when they have been arrested for violating that
law. For example, a person may be arrested under the Public Order and
Security Act for positive action that is deemed to violate the law. If that
person were to challenge the constitutionality of the section of Posa in the
Supreme Court, will the court seek to determine whether he has "clean hands"
before allowing him audience? For indeed, in terms of its reasoning in the
ANZ case, a party that has failed to comply with the law lacks clean hands.

It may be argued that in the ANZ case, the violation was clear and accepted,
so the analogy does not apply. However, using their line of reasoning,
assuming that the constitutional challenge is made after accused has been
found guilty by a trial court, does it mean that the Supreme Court will not
give him audience simply because by reason of his guilt he has "unclean
hands"? Even an accused who has confessed to committing an offence is still
entitled to constitutional protection by the courts when he alleges that his
constitutional rights have been violated.

Prisoners who have committed offences against the state are still entitled
to that protection despite having so-called "unclean hands" for disobeying
the laws of the state. Clearly the constitution allows challenges against
legislation at any point and to use the "Clean Hands" doctrine to bar
constitutional challenges would seem to close the door to legitimate
complaints that citizens may have against oppressive legislation.

The decision of the Supreme Court seems to be "lose your rights first and
then complain later". Ideally the court must ensure that rights of citizens
are adequately protected by promoting their uninterrupted enjoyment. If a
party has an opportunity to ask the court's assistance to maintain the
enjoyment of rights before a piece of legislation is used to violate them,
the court must take positive steps to ensure adequate guarantees are in
place. If there is a chance to stop the erosion of rights, the court must
actively curtail such erosion. The constitution becomes a worthless piece of
paper if the rights that it guarantees can only be enjoyed subject to
parliamentary legislation.

The ANZ was perfectly entitled to challenge a law that had the effect of
interrupting its enjoyment of constitutionally guaranteed rights. With
respect, it does not make sense to force a party to comply with legislation
that deprives it of the very rights that it seeks to protect. Quite
reasonably, the ANZ took pre-emptive action to safeguard the enjoyment of
its rights and it disclosed this to the court. Its conduct was neither
dishonest nor improper.

Prior to the legislation, the ANZ was operating within the laws of the
country and when Aippa was enacted it changed the legal landscape by
interrupting ANZ's rights. Surely ANZ was entitled to challenge this
interruption of its rights.

At the time of challenging the law it was operating legally and as its
application was in terms of the constitutional requirements, its lack of
registration did not necessarily make it illegal. Assuming that on the
merits the sections of Aippa were found to be unconstitutional, what would
be the positive result for ANZ, other than for future purposes, when by
complying with the legislation it will have already lost rights for which it
sought protection?

Furthermore, although the court stated that the door is not yet closed to
ANZ's challenge, when its reasoning is taken to its logical conclusion ANZ
already has "unclean hands" because it has already violated the law. There
is no guarantee that MIC will grant ANZ the licence to operate.

Indeed, it may say that ANZ has unclean hands although if it does so, it
would be misapplying the doctrine of "Clean Hands".

But even if they are deemed clean, they would have lost the rights for which
they sought protection. "Clean Hands", it would appear, is a judicial
mechanism to force citizens to comply with laws even if they doubt their
constitutionality. Instead of protecting citizens against infringement of
their rights, the court appears to be actively participating in the
enforcement of oppressive legislation. Assuming that ANZ's application at
the MIC fails, will their attempt to register cleanse their dirty hands? It
is difficult to see how the Supreme Court will allow the ANZ to submit its
application unless it reconsiders the usefulness of its "Clean Hands"
doctrine.

This case is not about the arrogance of the Daily News and its publishers
but about protecting the rights of citizens to approach the Supreme Court
for constitutional protection regardless of the state of their hands.
Indeed, the guilty also deserve constitutional protection. The "Clean Hands"

doctrine is a useful principle in equity and some aspects of the common law
but its extension to the realm of constitutional law is worrying and
controversial. The area of fundamental rights is one that the courts must
safeguard to ensure that people enjoy their freedoms. In applying the
doctrine, the Supreme Court has taken a conservative approach to human
rights jurisprudence. Instead of actively safeguarding rights and the
constitution, the court is paying allegiance to parliamentary legislation no
matter how much it infringes on citizens' rights.

When a party takes pre-emptive action to safeguard its freedoms, the court
must actively facilitate that enjoyment. Its foremost duty is to uphold the
constitution. The court's decision has had the effect of not only denying
the ANZ its rights by forcing it to submit to the law that it is
challenging, but with the closure of the Daily News, it has deprived the
majority of the population their freedom to access information and choice.
Widely interpreted, the "Clean Hands" doctrine will have far-reaching
consequences on the protection and enjoyment of fundamental constitutional
rights in Zimbabwe. Its effect is that before approaching the courts,
citizens will be required to lose their rights by compliance to oppressive
laws rendering the enjoyment of rights a nullity. The court ought to have
been more careful before applying a traditional doctrine of equity in a
matter that involves fundamental constitutional liberties. Not only for ANZ
but also for those that purport to champion the rights of citizens, this
decision should be a major cause for concern.

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