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Mugabe
takes sanctions fight to CNN, UN
http://www.newzimbabwe.com
23/09/2009
00:00:00
PRESIDENT Robert Mugabe will address the 64th session of
the UN General
Assembly on Friday, telling the world that western sanctions
against
Zimbabwe are hurting the country's economic recovery
prospects.
Mugabe will begin his offensive in an interview with CNN's
Christiane
Amanpour to be aired on Thursday, before taking centre stage at
the UN a day
later.
CNN announced on Wednesday that "Amanpour will
take the opportunity to ask
if the power-sharing agreement in Zimbabwe is
really working, if
international sanctions are responsible for his country's
economic and
political turmoil, and what kind of engagement he is looking
for from the
international community."
Mugabe, with the backing of
Southern African leaders, has been calling for
the "evil" sanctions to be
lifted, but western countries say the sanctions
will only be removed when
Zimbabwe implements political reforms.
But Mugabe's supporters say the
only political reform the west wants is his
exit from power by any
means.
Cape Town-based political analyst Glen Mpani says Mugabe will use
the UN
platform to "try to convince people that the power sharing government
is
working, that the only stumbling block is the sanctions".
"The
speech won't be any different from his previous speeches. He's going to
use
the issue of racism, he's going to use the issue of imperialism in
trying to
defend himself," Mpani added.
Apart from railing at "western imperialism"
in recent speeches at the UN,
Mugabe has also been an advocate for reforming
the body which he says has
failed to stand up to the unilateral actions of
powerful countries, mainly
the United States
Parly sidelined in Zim reforms
http://www.zimonline.co.za
by Patricia Mpofu Thursday 24
September 2009
HARARE - President Robert Mugabe and his two
coalition partners have
effectively taken control of Zimbabwe's troubled
constitutional reforms
after modifying the constitution making process and
packing the executive of
a committee managing the reforms with trusted
loyalists.
Parliament is supposed to oversee the drafting of the new
governance charter
through a 25-member select committee established for the
purpose.
But pro-democracy activists, legal experts and senior
parliamentary
officials said the changes -- particularly re-configuration of
the
management committee of the parliamentary select committee established
to
oversee the constitutional reforms --virtually demoted Parliament to a
peripheral role.
"It is clear that the leaders of political parties
are positioning
themselves to takeover the process .. Parliament has bee
relegated to a
secondary role," said Lovemore Madhuku, a constitutional law
expert and
chairman of the National Constitutional Assembly (NCA) pressure
group.
The NCA has long opposed the current constitutional reform process
saying it
was open to abuse and manipulation by politicians.
Mugabe,
Prime Minister Morgan Tsvangirai and Deputy Premier Arthur Mutambara
while
leading the three political parties in Parliament do not have a direct
role
in the process of writing the new constitution, with Mugabe only
expected to
sign the new charter once it has been approved in a referendum
and passed by
Parliament.
But the three leaders last Thursday agreed to appoint their
representatives
during power-sharing negotiations last year to join the
three chairmen of
the parliamentary select committee in a new management
committee to run the
constitutional reforms.
Justice Minister Patrick
Chinamasa from Mugabe's ZANU PF party, Finance
Minister Tendai Biti and
Industry Minister Welshman Ncube from Tsvangirai
and Mutambara's MDC parties
respectively will now join the executive of the
parliamentary select
committee.
Chinamasa, Biti and Ncube are the authors of the controversial
the Kariba
draft that Mugabe has insisted must be the basis of the new
constitution but
which the NCA, the labour and student movements have
opposed saying it
leaves the veteran leader's overwhelming powers
untouched.
Tsvangirai's MDC party has also opposed the Kariba
draft.
Mugabe, Tsvangirai and Mutambara -- who did not consult
parliamentary
Speaker Lovemore Moyo before making the changes -- also agreed
to set up an
independent body or secretariat to provide administrative
services to the
constitutional making process.
A senior official in
the legal department at Parliament said the
appointments and changes made by
Mugabe, Tsvangirai and Mutambara meant that
they had virtually taken direct
control of the reforms, especially because
the parliamentary select
committee would now report to the management
committee set up by the
leaders.
"Parliament has been demoted .. the parliamentary select
committee will have
to report to a management committee constituted by the
principals," said the
official who did not want to be named.
"To cut
a long story short, the principals should have constituted a
Constitutional
Commission instead of pretending that Parliament will be in
charge of the
process," he said.
Speaker of Parliament Lovemore Moyo said he will meet
President of Senate
Edna Madzongwe, her deputy Naison Ndlovu and deputy
Speaker Nomalanga
Khumalo next Monday to discuss the implication of the
changes announced by
the Executive.
He said: "The presiding officers
(of Parliament) are meeting next week on
Monday to look at the implications.
We want to see what impact these changes
have on the doctrine of the
separation of powers."
But Constitutional Affairs Minister Eric Matinenga
said there was nothing
sinister about the changes to the constitution-making
process.
He said: "All this has been done to help the select committee
which is made
of parliamentarians to do their work effectively. It is not
true that the
Executive has taken over the powers of the
legislature."
Meanwhile Madhuku's NCA in a statement earlier on Wednesday
said it deplored
the altering of the constitution making process by
politicians, describing
the setting up of an independent secretariat as "a
desperate window-dressing
act."
The NCA dismissed claims by Matinenga
that the changes made by Mugabe,
Tsvangirai and Mutambara were meant to
rationalise the process and ensure
efficiency as "hypocritical and
inadequate."
The group said: "If anything, the so-called rationalisation
of the
constitution-making process is an attempt to hoodwink unsuspecting
Zimbabweans into believing that the inclusive government has taken into
consideration concerns raised over the inclusive, undemocratic and
unworkable nature of the GPA (global political agreement) prescribed
constitution-making process.
"Notwithstanding the purported
addressing of issues by the inclusive
government's principals, the
constitution making process remains under the
control of politicians. The
people are still out of the equation." -
ZimOnline.
Independent
commission should oversee Zimbabwe's land programme : MDC
http://www.apanews.net
APA-Harare
(Zimbabwe) Zimbabwe's Movement for Democratic Change (MDC) party
of Morgan
Tsvangirai on Wednesday called for the formation of an independent
commission to oversee the country's land reform programme amid reports of
rampant invasion of farms by the country's top politicians.
The
party, led by Prime Minister Tsvangirai condemned the latest wave of
farm
disruptions taking place across the country, saying these seriously
undermined efforts to reconstruct the economy and improve food
security.
It said the formation of a land commission would bring the land
crisis to
closure by ensuring a democratic and participatory process that
achieves
equitable, transparent, just, lawful and economically efficient
distribution
and use of land.
"The MDC calls for the establishment of
a Land Commission under an Act of
Parliament that will create an
independent, autonomous and professional body
to oversee the land-reform
process," the MDC said.
The party said the first task of the commission
would be to conduct a
comprehensive physical and legal audit of land
occupation and ownership in
Zimbabwe.
Top politicians from President
Robert Mugabe's ZANU PF and army officials
have led the violent seizure of
productive farm land and animal
conservancies since the formation of a unity
government by the MDC and ZANU
PF in February.
JN/nm/APA
2009-09-23
Zim
wildlife ranchers get new partners
http://www.eyewitnessnews.co.za/
Eyewitness News | 8 Hours
Ago
Wildlife ranchers in southern Zimbabwe say new partners are being
forced
upon them by Zanu-PF ministers.
They believe it is
part of a new phase in Zimbabwe's nine-year-old land
reform programme - this
time without the militias.
Sources, who were told to attend a wildlife
land reform meeting in southern
Zimbabwe last week, say this is not a normal
land takeover.
Zanu-PF officials at the meeting were friendly and
jovial.
They made it clear conservancy owners, many of them in the safe
area of
south-eastern Zimbabwe, must take on new indigenous partners who
have been
allotted to them.
New partners were made to sign 25-year
leases at the end of the meeting.
Zanu-PF officials said this was a
necessary part of land reform but
conservancy owners were
worried.
They say there is no respect for foreign shareholder or
properties supposed
to be protected under bilateral investment
agreements.
They say this will scare away foreign investors when Zimbabwe
so desperately
needs them.
Sadc
Tribunal Illegitimate - Chinamasa
http://www.radiovop.com
Harare, September 23, 2009 - Justice
Minister, Patrick Chinamsa, has
described the Southern Africa Development
Community (Sadc) tribunal as an
under the tree court which has no legitimate
right to make any legal
decisions.
Chinamasa siad the
Namibia based court had no legal standing until
ratified by two thirds of
the regional bloc's members.
"Although it started sitting it had no
legitimate power to decide, try
and determine any process reported to it. It
is just like someone sitting
under a tree pretending to be a court. The
tribunal has not been properly
constituted and until that happens it remains
as such," said Chinamasa.
He added that the court could not be the
last court of appeal in the
region because doing so at this stage would be
an attempt to replace
national supreme courts and rewrite national
constitutions.
"It can not be a court of appeal. We are not yet at
that stage were it
can act as a court of appeal from our national supreme
courts," said
Chinamasa. "What it is in fact purporting to do is to
basically re-write our
constitution and reverse decisions which were taken
by supreme courts."
Zimbabwe pulled out of the tribunal in August.
However independent
lawyers have said that Zimbabwe cannot pull out of the
Sadc Tribunal unless
it quits Sadc altogether.
About 77 white
Zimbabwean commercial farmers have their cases before
the tribunal. Last
year in November, the tribunal ruled in favour of the
farmers adjudging that
the country's controversial land reforms were not
only unlawfully but
violated SADC treaties which are against discrimination
on grounds of race
and colour.
Despite Chinamasa's recent comments, Zimbabwe Prime
Minister Morgan
Tsvangirai, told a mining conference that the decision to
pull Zimbabwe out
of the regional court was null and void. Tsvangirai said
it was a one man
decision which is yet to be discussed in
cabinet.
Meanwhile Tsvangirai said in a statement on Wednesday
that: "The MDC
condemns the latest wave of farm disruptions taking place
across the country
as these are seriously undermining re-construction
efforts and upsetting
food security and investor confidence in the
country."
"It is really worrying to note that some Zanu PF bigwigs
have taken
over large tracts of conservancies in areas such as Mwenezi and
Chiredzi in
Masvingo province. Over 80 percent of productive farm land and
conservancies
have been violently taken over in Masvingo province alone in
the past six
months."
Since the formation of the inclusive
government in February six
farmers have been abducted and 16 have been
arrested for allegedly blocking
the land reform programme.
The
MDC said it advocates for the establishment of a Land Commission
Act in
parliament to oversee the land reform exercise which will conduct a
land
audit.
President Robert Mugabe at the last youth and women
conferences of his
Zanu PF party said the land reform exercise is on-going
and blamed the
British and its western allies of failing to fund the land
reform programme
warning commercial farmers not to resist the exercise
saying if they try to
resist "he would just send the police to drive them
away".
The Commercial Farmers Union castigated Mugabe's statements
saying
they will promote violence and disturbances on commercial
farms.
A visiting European Union delegation this month said they
will
re-engage fully with Zimbabwe if the inclusive government respect
property
rights, promotes the rule of law and fully implement the Global
Political
Agreement. (GPA).
Crisis
group warns that ZANU PF violence is on the rise
http://www.swradioafrica.com/
By Violet Gonda
23
September 2009
ZANU PF militia have begun a fresh wave of violence,
especially in the rural
areas, according to a statement issued by the Crisis
in Zimbabwe Coalition.
On Wednesday the pressure group said although the new
government, through
its organ on National Healing, continues to preach the
gospel of
reconciliation, Zimbabwe could be witnessing a renaissance of the
violence
which engulfed the country during last year's election
period.
Those being targeted include members of civil society and MDC
supporters.
The Coalition said activist Kudzai Mutarangi was beaten up on
Saturday by
ZANU PF militia at Greencroft shopping centre in Harare, for
wearing a
Crisis Coalition t-shirt. He was wearing a t-shirt written SAY NO
TO KARIBA
DRAFT, but reportedly had it torn off and was forced to wear a
ZANU PF
t-shirt instead.
The notorious militia, soldiers and ZANU PF
members are said to be behind
this latest victimisation campaign.
The
pressure group said reports from Chiweshe's Chaona area named ZANU PF
supporters who are terrorising MDC activists, and telling villagers that the
coalition government is 'only functional in Harare', not in the rural areas,
and demanding that MDC supporters surrender their membership
cards.
Villagers in Murambapfungwe are allegedly being assaulted and
forced to
surrender their MDC party cards. It is reported that a Mrs
Machokoto and
Peter Katsokonya were brutally tortured by ZANU members,
resulting in
Machokoto fleeing her home, while Katsokonya is receiving
medical treatment
in Harare.
Additionally soldiers deployed to
Mwenezi last year, under Operation Maguta,
reportedly held a meeting at
Mwenezi District Hall on September 16th to
campaign for the controversial
Kariba Draft constitution. The Crisis
Coalition said the soldiers denounced
the inclusive government and told
Mwenezi residents that Zimbabwe cannot be
ruled by any party except for ZANU
PF.
It is also understood that bases
have been set up by ZANU PF structures in
Shamva, Wedza, Bindura and
Mberengwa to 'conscientise' the communities on
the Kariba Draft and how it
should be used as a reference point to the
constitution making
process.
The MDC and civic groups have condemned the use of the Kariba
Draft as a
reference point, saying the process to draft a new constitution
should not
be about individuals or political parties, but a people-centred
initiative.
Furthermore, the latest reports of violence are in gross
violation of the
Global Political Agreement, signed by all the rival
political parties in
September last year. ZANU PF and the MDC formations
agreed to put an end to
the polarisation, divisions, conflict and
intolerance that has characterised
Zimbabwean politics and society in recent
times. The GPA also assured
Zimbabweans that the new government would "build
a society free of violence,
fear, intimidation, hatred, patronage,
corruption and founded on justice,
fairness, openness, transparency, dignity
and equality."
But a year after the signing of this deal, Zimbabweans are
still to find
peace.
Elderly
woman killed during Mbare market demonstration
http://www.swradioafrica.com/
By Lance Guma
23 September
2009
A seventy-year old Harare woman was killed on Monday when informal
traders
demonstrating against the closure of market stalls in Mbare were
stoned by a
group of rowdy youths. Martha Chitambira is reported to have
taken part in a
demonstration led by the Zimbabwe Home Industries and
Markets Association.
Unidentified youths, suspected of trying to take
advantage of the protest
and steal from the protestors, then threw stones at
their victims.
Chitambira sustained head injuries and died on admission at
Harare Hospital.
Family spokesman Crispen Chitambira made an appeal for
the person
responsible to own up. He told the state owned ZBC, 'I'm
appealing to the
culprit to come forward so that we can help him pray to
ease his conscience.
We have lost a great pillar of the family.' Police
spokesman Inspector James
Sabau has confirmed the arrest of 12 suspects in
connection with the murder.
He said the demonstration had been sanctioned by
police and they were still
trying to establish the motives of the youths who
disrupted it.
Simbarashe Moyo the chairperson of the Combined Harare
Residents Association
(CHRA) told Newsreel the issue of the market stalls
involved several
government ministers and ZANU PF officials. He accused
local government
minister Ignatius Chombo and ZANU PF Women's League boss
Oppah Muchinguri of
owning several market stalls and sub-letting them for a
hefty profit. He
said the Harare City Council was only getting about 1
percent of the
proceeds from the market stalls.
This month CHRA issued a
statement exposing how Chombo wrote a letter to the
City's Director of
Housing, Justin Chivavaya, to reserve twelve market
stands at Mupedzanhamo
flea market in Mbare. The letter was written on the
17th March, after the
councilors had raised the issue of the unfair
allocation of market stands in
Harare. CHRA also revealed that some former
members of the Harare
Commission, plus government and high ranking City of
Harare officials, have
multiple stands at Mupedzanhamo and Machipisa
markets, which they are
sub-letting to desperate residents.
It is further alleged that several stands
have been allocated to 'ghost
occupants' when in fact they are being run by
senior politicians in ZANU PF.
The Harare City council is cracking down on
the problem and the closure of
the markets is seen as a first step towards
cleaning up and verifying who
owns and runs the market stalls.
PM dispatches delegation to London
http://www.zimonline.co.za
by Own Correspondent
Thursday 24 September 2009
HARARE - Prime Minister Morgan
Tsvangirai has sent a special delegation to
London to appeal to Zimbabweans
domiciled in the United Kingdom to invest
back home.
The delegation,
led by Minister of State in the Prime Minister's office
Gorden Moyo, left
Harare on Wednesday night and is expected to address
Zimbabweans and other
prospective investors on Saturday.
The Zimbabwe Diaspora Investment
Conference is "in response to Zimbabwe's
ongoing change programme and Prime
Minister Tsvangirai's call for the
Diaspora to play a part in the
reconstruction of Zimbabwe," Moyo said in a
statement.
At least 200
delegates, including special invited guests are expected to
attend.
"The event will also compliment and provide support for
efforts by both
Zimbabwe and the UK government to implement solutions that
help Zimbabwe in
stemming the current problem of mass migration and the
effects of "brain
drain" out of Zimbabwe," Moyo said.
"This is
especially important to those people whose stay has come to an end,
but
because there has been very little communication about the
possibilities,
and some people have not been to Zimbabwe for years, this
conference will
provide an opportunity for them to understand their options
and what
facilitation channels exist to support their return."
Speakers at the
conference will include Zimbabwe Investment Authority
director Richard
Mubaiwa, who is expected to articulate the challenges that
small scale or
corporate investors are facing and Zimbabwe Stock Exchange
(ZSE) chief
executive Emmanuel Munyukwi.
A representative from the Foreign and
Commonwealth Office, DFiD and UK
Border Agency will also address the
conference.
Tsvangirai and his former political rival President Robert
Mugabe formed a
power-sharing government in February tasked with steering
Zimbabwe back to
stability after disputed elections last year plunged the
country into
crisis.
The unity government says it requires US$10
billion to revive the economy
and make the country work again after a decade
of economic decline. -
ZimOnline
Chamisa talks about fight for his ministry
Published on: 23rd September, 2009
Information Communication Technology Minister, Nelson Chamisa, is the guest
on Behind the Headlines. Following renewed attempts by ZANU PF to hive off the
telecommunications companies from his ministry, Chamisa joins Lance Guma on the
programme to discuss what has been happening.
In February this year it was Information and Publicity Minister Webster Shamu
who clashed with him over the telecoms sector, now Transport and Communications
Minister Nicholas Goche has joined the fray.
Interview broadcast 17/09/09
Lance Guma: Hello Zimbabwe and welcome to Behind the
Headlines. My guest this week is Information, Communication Technology minister,
Nelson Chamisa. Now those who have been following developments within his
ministry will know that several attempts have been made by Zanu-PF to take the
telecommunications sector away from his ICT ministry.
Now these attempts began in February when first Information and Publicity
minister Webster Shamu sought to take the telecoms companies away. Now we hear
the latest is that Transport and Communications minister, Nicholas Goche is
attempting to do the same thing. Now I got the ball rolling by asking Mr
Chamisa, what do you make of the current developments?
Nelson Chamisa: Well I’m also equally surprised, I thought
the matter had been resolved by the principals but it would appear there still
continues to be a problem particularly now with minister Goche claiming that he
is also in charge of the functions I am supposed to be dealing with. You might
remember that some time ago it was a case between my ministry and minister
Shamu’s ministry and the problem seems to have migrated from minister Shamu’s
ministry to the Transport and Infrastructure Development.
And the simple argument is that already the minister Goche has too much on
his plate. He deals with Air Zimbabwe, he deals with ZINARA the roads there, he
deals with CMED, he deals with Meteorology, he deals with DDF, all sorts of
challenges, NRZ and that for somebody is quite too much and now with trying to
get Net One, Tel One it’s even worse. So it’s quite tragic that we continue to
have these challenges seven months after the inclusive government started
operating, it’s quite an unfortunate development.
Guma: Now the frustrating thing of course for ordinary
Zimbabweans is the demarcation lines are very clear who is supposed to be doing
what even from the very naming of the ministries. Do you not think this is just
a deliberate plot or ploy to just frustrate the MDC and to frustrate
yourself?
Chamisa: Well it’s clear that it’s choreographed and
scripted to try and muddy the waters, to make sure that the swimming that was
quite smooth and good for the development of Zimbabwe is disturbed and
destabilised. There’s no doubt that it’s also an attempt to try and make life
difficult for ministers and ministries that are in the control or under the
control and influence of the MDC.
But it is quite disappointing and I feel that MDC is basically a victim of
Zanu-PF’s machinations and there’s no doubt that what is happening is not
something that should be encouraged because if one then looks at the minister of
ICT we are literally going to be left with nothing but maybe to serve the
internet.
Guma: I’m just looking at press reports, they’re talking
about you ordered a slashing of rates, or slashing of tariffs by Tel One and the
ZBC apparently early in the morning were reporting and attributing the statement
to yourself and then later in the afternoon they were forced to change and start
attributing the statement to Goche. Can you maybe clarify the situation for us –
what happened there?
Chamisa: Well I developed a paper on or around the
4th of June this year and I developed a paper, issued an instruction
to Tel One and members of the public that I had suspended the disconnection of
customers pending some kind of an investigation into the charges that were being
levied by Tel One. In fact we wanted to come up with a scientific response in
terms of the billing regime, you might remember that a lot of people were
complaining about their bills so I took it upon myself as minister to then
engage the operator, engage the customer through Consumer Council of Zimbabwe,
also engage the regulator POTRAZ and we did that successfully.
We then took a paper to cabinet which paper was then supposed to be the new
guidelines in terms of how bills were supposed to be rationalised, just like had
been done with ZESA and other parastatals. To my surprise when I then presented
the paper, then I did a press conference soon after the endorsement by my
colleagues in government and of course that was it, but I then found Mr Goche
being the voice behind what I had said and I was really shocked because I did
the press conference, it was covered by virtually all journalists, ZBC included,
Herald included, but only to work up in the morning when I was now reading the
story it was now minister Goche speaking but certainly the content was mine, the
paper was mine but it was now minister Goche.
Guma: A lot of people have made the observation that
permanent secretary George Charamba seems to be wielding too much power, a lot
of these things are coming through the Herald and the Sunday Mail and even
things which are not government policy are passed through those two newspapers
as if they were government policy. Is that a big challenge for the unity
government?
Chamisa: Well I wouldn’t want to comment much about the
workings of government unless if I was doing the same as a MDC spokesperson but
let me just still try and be just to your question, there is definitely a
challenge, a communication challenge arising out of certain elements trying to
use politics to discredit others and also to build credit for others. But what I
have emphasised is that the lives of the people should not be about points
scoring or glory seeking or accolade seeking. We need to make sure that we
respect the people; we serve the people faithfully without trying to look at the
political scoreboard, to see who has scored on the basis of political partners
which is the tragedy of some elements who want to see politics were there is
none.
We are doing this thing for people and it’s not about individual glory, it’s
not about partisan credit, it’s about the common good of our country and what is
in the best interests of our country in the context of the very challenging
global dynamics particularly from the ICT point of view. We need to link up to
the undersea cable as we are speaking, we are lagging behind, we are still on
2G, second generation on technologies, others are already on 4G, 3G but we need
to leapfrog and that leapfrogging is not going to come if we continue this whole
matrix of shenanigans.
Guma: Now clearly you have two ministers gunning for
sections of your portfolio, Minister of Information Webster Shamu, minister of
Transport Nicholas Goche, in terms of putting a stop to these problems because a
lot of people had thought this issue had been resolved, what’s going to happen
from here, how is this matter going to be tackled?
Chamisa: Well the matter is now back again in the hands of
the principals and we hope that this matter will be solved as soon as possible
because it’s really affecting a lot of our plans because you give an instruction
with the right hand, there’s a left hand from another minister trying to take
away so it’s really a train smash, its a dog’s breakfast.
Guma: In terms of the people at Tel One, what is it like for
them? Do they have a scenario were, it must be a nightmare for them getting
instructions from two or even three different ministries, how are they coping
with this?
Chamisa: Tel One is the grass and when two elephants decide
to either fight or enjoy it is the grass that suffers so I must say that I feel
sorry for these operators because they have had to put up with a very
conflicting position and it’s not easy to deal with two different colours, black
and white and that’s what they have to deal with.
Guma: If I may ask you as an MDC spokesman Mr. Chamisa, the
outstanding issues have remained outstanding for over seven months now. We have
the issue of Roy Bennett, the governors, indeed your portfolio as ICT minister,
what’s the feeling amongst your supporters? I’m just looking at some of the
speeches at your Bulawayo rally and a lot of high profile people in the party
seem to be despondent about the violations from Zanu-PF.
Chamisa: Oh well we have already said we can’t continue to
have outstanding issues outstanding. We want to make sure that we deal with
these issues with the finality they deserve and we have given a period of a
month to consult with the people on the way forward. Of course a lot of people
have criticised us for this consultative approach or model to decision making,
they would want us to be decisive either in the wrong or right direction, we
don’t believe that’s correct in a democracy. We need to make sure that we carry
along the people of Zimbabwe, we want to check with them what they feel, what
they want, is it really worth it, is it really sustainable for real change to be
in this inclusive government.
This is what we have resolved to do, to go back to the people, ask the people
what should be the direction, what should be the way forward. And I’ve no doubt
that we’ll be able to emerge with a superior position and a clear way forward
and that is what we are currently doing. We have also said we will continue
knocking at SADC and AU’s doors as our guarantors and we’ll also continue to try
and explain the logic and legitimacy of our issue and of our point. It’s not an
MDC matter, it’s a national matter and therefore we need to make sure that
African institutions appreciate their solidarity with the people of
Zimbabwe.
Guma: Your critics have pointed to the fact that your
strategy relies too much on outside intervention from SADC and the AU. Is there
anything that you could do outside lobbying those two organisations?
Chamisa: Well we have already said that, you will know that
our winning of elections on the 29th of March, nobody in SADC was on
the voters roll, neither was there anybody from the AU or from outside. It was
the people of Zimbabwe, it was our strategies, we won this power we have, we
want the platform that we have on the basis of effective strategies. We will
continue to exploit those strategies to make sure that we emerge stronger for
democracy and for a new Zimbabwe. So those critics obviously they are justified,
we will respect their opinion but unfortunately they have the wrong end of the
stick.
Guma: That there was Information, Communication Technology
minister Nelson Chamisa expressing his surprise at renewed attempts by Zanu-PF
to usurp his control of the telecommunications sector. We of course tried to get
the minister of Transport and Communications Nicholas Goche but we were not able
on this occasion but we will continue trying to get the minister who in this
case is clashing with Chamisa over the communications portfolio and get his
reaction.
Well that does it for Behind the Headlines, many thanks for minister Chamisa
for joining us on the programme.
To listen to the programme Click
Here
For feedback e-mail lance@swradioafrica.com
John
Nkomo Threatens Journalists
http://www.radiovop.com
Bulawayo, September 23 2009 - The chairman
of the Organ on National
Healing and Reconciliation John Nkomo on Tuesday
threatened and barred
journalists from a meeting he was having with chiefs,
accusing them of lying
through the stories they write on
internet.
Nkomo chased the journalists who had come to
cover the meeting he was
having together with his colleagues, Sekai Holland
and Gibson Sibanda, in
Matabeleland North Province in Bulawayo.
Nkomo, who is also Zanu PF chairman, is currently facing sodomy
charges.
"We read reports of chiefs demanding Mercedes Benz
vehicles in the
Midlands, an issue which was never raised at the Gweru
meeting. We no longer
trust journalists you lie in the internet...we can use
some instruments to
deal with you. Go out..." said Nkomo.
The
meeting was called to explore ways in which chiefs can contribute
to the
national healing process.
The national healing organ was set up to
spearhead healing in Zimbabwe
following the set up of an inclusive
government. Zimbabwe suffered political
violence last year in the run up to
the harmonised 2008 elections, resulting
in people, mostly from the
opposition parties killed, tortured and
displaced.
Gono
accuses Biti of 'stalling' on IMF loan
http://www.swradioafrica.com/
By Alex Bell
23 September
2009
The power struggle over control of a recent multi million dollar
loan from
the International Monetary Fund (IMF) came to a head on Wednesday,
when
Central Bank Governor Gideon Gono accused Finance Minister Tendai Biti
of
stalling the distribution of the funds.
Biti, who aims to use the
money to rebuild the country's crumbling
infrastructure, has insisted the
loan will only be distributed after the
national budget is approved by
parliament in November.
"These funds are going to be part of Zimbabwe's
budget provisions," Biti was
quoted as saying by the state-run Herald
newspaper. "I can't break the law,
I am a lawyer. These funds are not a
substitute for fiscal prudence and
fiscal wisdom."
The clash over the
funds, which closely mirrors the power struggles
threatening the unity
government, took a new direction last week, when Biti
said he stopped some
unnamed officials from abusing money held by the
Reserve Bank. This was amid
claims that Biti had approached the IMF to block
Zimbabwe from using the
loan, until the country cleared the US$140 million
debt still owning to
them. But Biti explained in a press conference last
week that he had merely
advised the IMF that he be solely responsible for
distribution of the new
loan.
"What we stopped was the unlawful effort to usurp the functions of
Treasury
and what we actually did was to block the unilateral conversion of
(the
loan) into liquidity," said Biti.
Gono, who wants the money to
be immediately deployed to resuscitate crippled
parastatals and fund the
agricultural and mining sectors, hit back at Biti
on Wednesday, saying the
explanations for delaying the distribution of the
funds were
false.
"It is necessary to once again point out that precious time is
running out,
whilst we are theorising and allegedly planning for weeks and
months on how
to use funds that are readily available for government's use,"
Gono said in
a statement.
The IMF deposited US$408 million into the
Reserve Bank last month as part of
the US$250 billion disbursed to IMF
member countries, which is an effort to
combat the effects of the global
financial crisis. An additional US$110
million set aside for Zimbabwe, was
withheld, until the country clears its
arrears with the Fund.
The country
already has an alarming pool of debt of almost US$6 billion, and
analysts
have argued that the country cannot afford to take on yet another
load.
However, one of Zimbabwe's leading banks, Kingdom Financial Holdings
(KFHL),
said delaying the utilisation of the IMF loan until the time of the
budget
will slow the pace of country's economic recovery.
"With the Finance minister
saying the funds would only be used under a new
budget it may be be another
four months before the money is used as a new
budget will only come into
effect with the beginning of a new year," KFHL
said.
"This may mean that
the financial liquidity crunch will continue and it
would take longer for
companies to increase capacity utilisation to
acceptable
levels."
Independent economic analyst John Robertson meanwhile told SW Radio
Africa
on Wednesday that he believes the fight between Gono and Biti, which
has
mainly been voiced by state media, is being 'deliberately generated'.
Robertson explained that there appears to be certain quarters in the public
media who are highlighting 'conflict' to detract from any positive
developments being made by the MDC's Biti, within the Finance
Ministry.
"I am of the opinion that the conflict being widely published
in the
national press is not true," Robertson said. "There appears to be a
deliberate attempt to generate this conflict to undermine any progress made
by the unity government."
A desperate window-dressing act
http://www.thezimbabwean.co.uk/
Written by NCA Information and
Publicity Department
Wednesday, 23 September 2009 14:34
The
NCA rejects as window-dressing, hypocritical and inadequate the
government's
press release of 18 September 2009 in which Advocate ET
Matinenga claims
that the Global Political Agreement (GPA) prescribed
constitution-making
process has been rationalized to address issues of
efficiency, capacity and
inclusivity of the Parliamentary Select Committee
on
constitution-making.
If anything the so-called rationalization of the
GPA prescribed
constitution-making process is an attempt to hoodwink
unsuspecting
Zimbabweans into believing that the inclusive government has
taken into
consideration concerns raised by the National Constitutional
Assembly (NCA),
Zimbabwe National Students Union (ZINASU) and Zimbabwe
Congress of Trade
Unions (ZCTU) over the exclusive, undemocratic and
unworkable nature of the
GPA prescribed constitution making process.
Notwithstanding the purported
addressing of issues by the inclusive
government's principals, the
constitution making process remains under the
control of politicians. The
"people" are still out of the equation. The
so-called Management and
steering committees are by and large made up of
politicians from three
political parties that make up the inclusive
government. The inclusion of
Professor P Makhurane and Dr Hope Sadza into
the Steering committee is
nothing but a desperate attempt to sanitize what
is essentially a defective
constitution making process.
There is
also talk of the establishment of an "independent
secretariat". This is, in
essence, a high sounding nothing designed to
mislead the people of Zimbabwe
into believing that the GPA prescribed
constitution-making process has been
altered for the better. Yet, the GPA
prescribed process remains an affair of
three political parties. As long as
it remains under the stewardship of
three political parties with vested and
often conflicting interests, the GPA
inspired constitution-making process
will never be efficient and inclusive.
As the NCA has always maintained, it
will always be difficult if not
impossible to get a democratic and
people-driven constitution from a process
that is primarily motivated by the
quest to promote selfish political
interests. The time has come for the
people of Zimbabwe to stand up to the
inclusive government in demand for a
democratic and people-driven
constitution making process.
Zimbabwe:
Out of the woods?
http://www.the-actuary.org.uk/868907
01 October, 2009
Douglas Hoto discusses the recent
positive movement in Zimbabwe's financial
markets and the challenges it
presents for actuaries
Imagine a situation where money suddenly fits
into wallets! You do not have
a lot of it but you can buy some food from a
note or two in your wallet.
That is the situation in Zimbabwe since the
introduction of
'multi-currencies'. This is a political term used to mean
the official
dollarisation of the economy.
There is one buzzword that
is common across sectors of the economy. That
word is hope, and it is shared
by many. However, there are a number of
obstacles. The political situation
remains fragile. While basic freedoms
have been restored, the confidence of
the general population is still very
low. International capital is slow to
flow in as there are issues about
human rights and rule of law yet to be
dealt with. The implementation of the
transitional political agreement is
fraught with problems.
That said, the situation in Zimbabwe is offering
hope. The shops are full of
basic commodities. Although the hard currency is
scarce, especially the
small denominations, anyone who is able to sell
labour can get some US
dollars to put food on the table.
Across the
population there are two different resulting scenarios.
Rural-based
government employees who do not have the worries of rentals and
urban
utility bills are faring better, with their US$150 per month on
average.
Their urban counterparts are not so lucky. They still have to
contend with
bills for electricity and other utilities, which makes their
income too low.
However, even that is not comparable to seven months ago
where a whole
salary could not buy a loaf of bread. Thus the outlook for the
country is
beginning to brighten. Given this background, there are several
challenges
facing actuaries.
Pensions
Pension schemes are going through the
process of converting their benefits
from Zimbabwe dollars to US dollars. At
face value the conversion looks like
a very simple calculation. One can
first take the ratio of a member's share
of assets in Zimbabwe dollars at
the conversion rate and determine that
member's proportionate share in US
dollars. But this simple calculation
often produces results that are not
very practically useful. The allocated
benefits in many cases are too small
to be significant. Second, the method
does not take into account many
historical issues in respect of how the
assets being shared were
acquired.
Most of the assets owned by the funds, in shares and property,
were acquired
well before the last years of hyperinflation. However the
contributions made
recently in hyperinflation when salaries could increase
weekly tend to dwarf
the contributions made many years earlier. Trustees
assume that the scheme
actuary has all the tools and skills needed to
unravel this puzzle. This is
easier said than done. The approach taken has
been to be as pragmatic as
possible. Actuaries in Zimbabwe (there are four
of them) have continued to
give advice based on the situation of each fund
and the requirements of the
employer.
In a typical
defined-contribution scheme, one cannot redistribute the assets
once they
are apportioned to the members. However, the situation is unique
as
follows:
>> The asset values have a potential to double or even triple
as the
>> economic recovery takes shape
>> A final
distribution of the assets may now prejudice some of the members,
>>
given the potential uplift.
This presents a situation where trustees are
making their decisions in small
stages. The first stage is to deal with
pensions in payment. In cases where
the pensions calculated are too small
and the employers cannot immediately
fund pension increases, full cash
commutations are allowed for those small
amounts. Some of the members do not
accept this and are putting together
efforts to sue their funds for
dereliction of duty. In cases where the
employer can fund immediate pension
increases, minimum pensions of between
Z$20-30 a month have been
set.
This is seen as the best way in terms of both the reputation of the
industry
and the profession and avoiding abject poverty. The next step is to
distribute the assets to active members bearing in mind that some of them
are also very close to retirement. One has to make sure that the treatment
of such members is not too dissimilar from that of pensions in
payment.
The profession is in a very interesting position in Zimbabwe.
There is still
a fairly large number of students in relation to actuaries.
It is my hope
that we are beginning to emerge from the woods.
Douglas
Hoto heads Allfin Holdings in Zimbabwe
‘The
Legal Monitor’ - a newsletter by Zimbabwe Lawyers for Human Rights
September 23rd, 2009
Zimbabwe Lawyers for Human Rights are
producing a new weekly newsletter titled The Legal Monitor. The
newsletters are free, and word is demand is extremely high and they are flying
out the ZLHR office. We have the four latest editions archived on our website
(pdf format) and they are available for download at the following links: 10, 11, 12 and 13.
Why
Zimbabwe will not be suspended from the Kimberley Process
http://www.insiderzim.com/September09kpcsdiamonds.html
Zimbabwe is not
likely to be suspended from the Kimberley Process
Certification Scheme which
prohibits the sale of "blood diamonds" despite
the heated debate that has
been going on for almost a year. But this will
not be because of President
Robert Mugabe's obstinacy. More powerful forces
are simply at play.
Calls
for the suspension were first made by human rights organisations last
year
after the government deployed soldiers to the Chiadzwa area in Marange,
near
the eastern border town of Mutare, to drive out nearly 40 000 diggers
of
alluvial diamonds.
The soldiers are reported to have killed between 80
and 200 diggers during
the operation dubbed Operation Hakudzokwi - Shona for
"Operation No Return".
A review team sent by the Kimberley Process in
June also recommended that
Zimbabwe be suspended from the KP for six
months.
Nothing has happened since. Soldiers are still at Chiadzwa. And
reports say
they are still killing illegal diggers.
Ian Smillie, one
of the founding members of the KPCS, told an international
diamond
conference in New York on September 10 that Australian diplomats had
paid
"quiet visits" to governments of members of the KP team that
recommended the
suspension of Zimbabwe to persuade them not to take any
action.
Five
countries were represented on the team: South Africa, Namibia, Liberia,
the
United States and Canada.
"Australian diplomats paid quiet visits to the
governments of team members
recommending against any action that might
damage the interests of a diamond
mining company with Australian connections
in Zimbabwe," Smillie told the
conference.
"For these governments and
the others that are currently active behind the
scenes, business and
politics trump human rights and the very purpose of the
Kimberley Process.
They trump good management; they trump common sense and
decency; and they
trump the long-term interest of the entire diamond
industry," he
said.
Smillie worked for Partnership Africa Canada, a non-governmental
organisation that was lobbying for Zimbabwe to be suspended from the KPCS
but resigned in May because of the ineffectiveness of the Kimberley
Process.
Zimbabwe has three major diamond operations: Chiadzwa, Murowa in
Zvishavane
and River Ranch in Beitbridge.
Murowa and River Ranch are
KP certified. Murowa is owned by the Rio Tinto
group which controls 78
percent while River Ranch is owned by a Saudi
Arabian businessman, Adel
Aujan.
Smillie was therefore only referring to Rio Tinto, the fourth
largest mining
group in the world. Rio Tinto has head offices in London,
England and in
Melbourne, Australia. It is listed on both the London and
Australian bourses
and is the world's third largest producer of diamonds. It
has diamond mines
in Australia, Canada and Zimbabwe.
The Fortune
Global 500 company does not have to do any lobbying. It is a
member of the
World Diamond Council which has called for the suspension of
Zimbabwe.
Others can do it for the company.
The Australian government, which has
taken a hard line on the Zimbabwean
government and imposed sanctions on
President Robert Mugabe and his
lieutenants, announced on September 15 that
it might ease the ban on
ministerial contact with Zimbabwe which has been in
force since 2002. It
will also provide US$8 million in humanitarian
assistance, the bulk of which
will go to food aid.
Australian Foreign
Minister Stephen Smith said the engagement would be on a
selective-case-by-case basis with ministers judged to be making a "real and
genuine contribution to Zimbabwe's social and economic
recovery".
Though he said Australia would not lift sanctions on Mugabe
and his
lieutenants, Smith said his country strongly believed that the
international
community should take "a flexible, pragmatic and active
approach" towards
Zimbabwe.
Diamond expert Chaim Even-Zohar has
written a comprehensive report in the
Diamond Intelligence Briefs on why
Zimbabwe should not be suspended from the
KP arguing that this would
exacerbate human suffering.
He specifically says Rio Tinto should not be
punished because the suspension
of Zimbabwe from the KP "will only widen the
suffering of the Zimbabwean
people, while benefiting no one".
"Not a
single government crony, military official, corrupt miner, or other
killer
of innocent diggers is using the Kimberley Process in Harare. All
these
goods are smuggled out- no exceptions," Even-Zohar argues.
He says some 1
500 people are employed by Murowa. Rio Tinto has assisted
local people to
set up their own businesses like the Murowa Construction
Company and Murowa
Manufacturing Sewing Group which will survive long after
the mine has closed
down.
"If a player like Rio Tinto is 'forced out' because of some
ill-advised
removal of Zimbabwe from the Kimberley Process, the NGOs will
spend years
trying to collect money to initiate just the kind of activities
developed by
Rio Tinto. KP suspension will only add to the suffering.
Moreover, there are
precedents how to deal with such situations without
suspension," he argues.
With friends like this, Mugabe does not need to
take any action.
Specification as public policy instrument
http://www.zimonline.co.za
by Mutumwa Mawere
Thursday 24 September 2009
OPINION: What does specification
mean? Does the specification of natural and
artificial persons advance any
national interest? What kind of mindset would
see in specification a genuine
attempt to advance a national interest? Who
benefits from
specification?
In the corridors of business, words like specification are
rarely used.
Africa's corporate civilisation is short and one has to
appreciate the daily
challenges faced by policy makers in trying to balance
interests at play in
the enterprise of nation building.
Most of
Africa's so-called democratic governments draw their legitimacy from
the
poor majority whose relationship with the corporate world is most
pronounced
as consumers than suppliers of goods and services.
The challenges faced
by African economies in the context of the national
democratic revolution
are not unique, what is unique is that very few
governments acknowledge and
accept that they may have failed to appreciate
the concept of a nation state
and their role in it.
Many of us expect answers on why the African's
story is full of excuses and
is often characterised by backward looking
ideas that place the past as the
biggest constraint to the quest for moving
forward.
Often we blame the advanced countries for the lack of progress
in Africa. In
fact, we easily succumb to cheap politics and propaganda that
sees the
wealthy as deriving their wealth from denying the poor access to
opportunities instead of seeing wealth creation as a consequence of effort
and creativity.
If you have nothing to sell then it follows to reason
that no one will be on
the other side of the value stream. Ordinarily many
of us see poverty as
consequence of the direct manipulation of the rich. If
the rich are rich
because of the poor then surely the role of the state can
be reduced to an
instrument to level the playing field.
So when
Zimbabwe's fortunes nose-dived, it was always expected that
politicians
would abdicate and imperialism would be a target but more
importantly those
who dared climb up the opportunity ladder would be on the
receiving
end.
For Zimbabwe, the land issue had to take a political context not
only
because its origin was political and non-market driven but because the
poverty that has visited the country was not anticipated.
In the
absence of any rational explanation about the real causes of the
increasing
poverty in post-colonial Zimbabwe, the need to manufacture
enemies became a
priority.
Once it was accepted that the asset called land could be
acquired without
the intermediation of the market and, in fact, that state
power could be
used to increase market bargaining power, it was obvious that
state actors
would not be discouraged from using the instruments of state
power to change
asset ownership patterns.
The first targets were
necessarily black because there were no convenient
answers as to why certain
black people were doing well against a background
of a decaying economy. The
only rational explanation was that such blacks
were generally corrupt and
the most appropriate response was to use the
criminal code to reverse the
gains.
This was done systematically and the victims were publicised so
that the
general public could appreciate the undertones of the ensuing
ideological
debate about what kind of society was required to advance the
national
democratic revolution.
Without a visible complainant the
state found it convenient to interpose
itself in commercial disputes. The
only way the state could interfere with
corporate decision-making was to use
the Prevention of Corruption Act as a
mechanism of creating a person in the
form of an Investigator.
The Meikles saga is one of many such attempts by
the state to flex its
muscle in commercial disputes. The dominant political
culture in Zimbabwe
sees the motives and conduct of business as corrupt.
Instead of adopting an
approach that invites and welcomes business the
approach of intimidation is
the preferred option.
No country has
advanced its cause through intimidation. An environment
characterised by
fear is hardly the one that any progressive country needs.
The experience
with state intervention in business has not been a good one
in Africa.
Equally, the state as a referee has not done exceptionally well
to engender
confidence from dynamic and creative players.
It is evident that the
change of government in 1980 did not discourage the
previously advantaged
from expressing confidence in the new dispensation
with investment. The sad
truth about the KMAL saga is that it was a well
intentioned initiative in
response to the call for black economic
empowerment.
The inability of
private actors to resolve their differences and surrender
themselves to the
state as the ultimate adjudicator and manipulator of
property rights exposes
a frightening truth about our collective
understanding of the values,
principles and beliefs that are required for
business growth and
development.
Moxon and Nigel Chanakira are both Zimbabweans but when a
point when one
Zimbabwean thinks he is more entitled to Zimbabwe by virtue
of his colour
then one must know that the wheels are off and the remedy may
not lies
exclusively in the political domain.
Was Moxon specified at
the instigation of Chanakira? This question can only
be best answered by the
actors themselves but what is clear is that the role
of the state is
regrettable and to the extent that this action is one of
many actions that
have been taken that has resulted in the alteration of
property rights then
one has no choice but to pause and reflect on the
implications of the state
acting in the manner it is doing even under the
inclusive
government.
Specification of companies has the effect of qualifying the
rights of the
affected natural and artificial persons.
What is
alarming is that a predatory state through this instrument places
itself in
a position where it can control and manage the affairs of the
affected
parties with no recourse to the courts.
For listed companies, the
implications are dire and for the country in
general it effectively means
that the protection offered by the constitution
against deprivation of
property and human rights is waived.
We now know that Minister Giles
Mutsekwa may not have fully comprehended the
implications of appending his
signature to the specification order. However,
there can be no doubt that
there is a meeting of the minds that state power
can induce citizens to
comply with orders, however, draconian they may be.
Potential investors
have no choice but to critically examine how state power
has been used since
2004 to interfere and undermine property and human
rights.
More
importantly, it is important to examine how the judiciary has assisted
with
no resistance the encroachment of the state in commercial affairs of
business.
There are a number of judgments that demonstrate judicial
tolerance of the
application of the anti-corruption legislation in
undermining property
rights. Unless these cases are understood it may appear
that it is only
Meikles that has fallen victim to this kind of abuse of
state power. -
ZimOnline
Persecuted at home, rejected
in South Africa
From The Cape Argus (SA), 22 September
Fatima Khan, Rebecca Chennells and Annabel
Heaney
On September 15, Jackie Mackay, deputy director- general of
the Department
of Home Affairs, articulated the view that most asylum
applicants are
economic migrants and that there has been a recent increase
in this type of
asylum seekers which is exacerbated by the situation in
Zimbabwe. In order
to temper this influx, an application was to be made to
the cabinet for "in
principle approval" to separate economic migrants from
asylum seekers.
Treated on the basis of this presumed motive for flight,
refugees fall
outside the ambit of the South African Refugee's Act and can
be denied
protection and deported back to Zimbabwe. While not denying that
some people
do come for economic reasons - most due to the humanitarian
crisis - there
are legitimate refugees fleeing political persecution. The
apparent policy
of Home Affairs not only stokes the fires of xenophobia but
ignores South
Africa's obligations under the UN Refugee Convention on
Refugee Rights.
Massive human rights abuses and an ongoing
humanitarian crisis (only barely
documented by beleaguered rights and NGO
groups in the absence of media
freedom) are a stark reality for millions of
Zimbabweans. Despite high hopes
for change with the February announcement of
a "unity" government, the
August 2009 Human Rights Watch report titled
"False Dawn", details
"Zimbabwe's power sharing government's failure to
deliver human rights
improvements". Torture and arbitrary imprisonment of
MDC members continues.
Civilians were arrested for participating in a public
protest against Mugabe
in July. On September 8, the Zimbabwe Times reported
that a father of three
was beaten, tortured and killed by four soldiers for
playing an MDC song. It
is abundantly clear that Zimbabweans who do not
support Zanu PF risk
torture, detention or death. However, those who escape
to the relative
safety of South Africa and relate their personal tragedies
to Home Affairs
officials are treated with disbelief and
distrust.
Why is it incorrect to say that most Zimbabweans are
economic migrants?
Asylum seekers are required to have an interview with a
Refugee Status
Determination Officer (RSDO) who makes the initial
determination whether he
or she qualifies for recognition as a refugee.
Zimbabweans' eligibility for
Refugee Status is considered under section 3(a)
of the Refugee Act which
provides, in terms identical to those of the UN
Convention, that a refugee
is a person who has a well-founded fear of
persecution on grounds of their
race, religion, political opinion,
nationality or membership of a particular
social group, is outside their
country of nationality and is unable or
unwilling to avail himself of state
protection because of such fear. The
determination is supposed to be an
individual one, requiring detailed and
careful consideration of the
applicants' personal experience in light of
available country-of-origin
information.
RSDO decisions are of notoriously poor quality. The
officials work in
shocking conditions, under heavy pressure to meet
"targets" imposed by an
administration indifferent to the inherently
demanding nature of the work
required of them. The RSDO may reject a claim
as "unfounded" or "manifestly
unfounded", the former providing an avenue to
appeal under the Refugee
Appeal Board and the latter being subject to an
automatic review by the
Standing Committee for Refugee Affairs. Our
Zimbabwean clients have reliably
reported to us cases of RSDOs and other
officials verbally threatening them
not to say anything about politics (or
be deported), instructing them to
just say they came for work and asking
leading questions, such as: "So, did
you come here to work? Was there no
food at home?" It is not surprising that
we see large numbers of Zimbabweans
whose claims are rejected on the
supposed basis that they are economic
migrants.
For many, an interview with one of our staff is their first
meaningful
opportunity to relate the traumatic events which prompted their
flight. In
the history of our clinic, we have seen the worst individual
cases of
torture coming from Zimbabwe. Despite evidence to the contrary,
rejection
reasons such as "there is a unity government so it is safe there
now - you
have no claim, go home", are commonplace. We strongly object to
the
completely unfounded statistical assertion by Jackie Mackay that at
least
90% of asylum seekers from Zimbabwe are "economic migrants". The
assertion
by our government that at least 90% of asylum seekers from
Zimbabwe are
"economic migrants" is founded on the statistical outcomes of
RSDOs'
decisions. Legally, RSDO determinations are merely a first step, as
asylum
seekers are entitled to an appeal or review as a matter of course.
They are
misleading statistical indicators for the assessment of real
motivations for
migration. Despite this, our government has continued to
espouse the
politically useful view that Zimbabweans are just "economic
migrants".
What does it mean to be an economic migrant? In April Home
Affairs announced
the imminent launch of a "special dispensation" for
Zimbabweans. The
proposed dispensation in terms of Section 31(2)(b) of the
Immigration Act
was to provide a solution to the large numbers of
undocumented Zimbabweans
in South Africa. It was also clearly envisaged as a
means to lessen the
burden on refugee reception offices in accordance with
the mistaken belief
that Zimbabweans are just "economic migrants". MacKay
was quoted as saying:
"Most Zimbabweans are not asylum seekers, they are
economic migrants. So
what they want to do is to come into the country, do
some work and go back
home and take the money back." The re-labelling of
Zimbabweans as "economic
migrants" is a rhetorical strategy, a
well-recognised means by which
governments and the international community
avoid responsibility for their
obligations to protect those who have been
persecuted for convention
reasons.
It is one example of a global
trend towards terms of phrase that avoid
domestic and international law
obligations. Americans kill civilians and
call them "collateral damage". We
call the victims of massive human rights
abuses "economic migrants".
Hathaway, the leading authority on International
Refugee Law, has written:
"Many developed states also channel refugees into
discretionary categories
such as 'de facto', 'humanitarian', or 'temporary'
protection status." He
cites as an example refugees fleeing the former
Yugoslavia, who were denied
the protection of refugee status, despite their
cases meeting refugee status
requirements in the convention. It is
imperative that South Africa avoids
repeating similar evasions of
responsibility. We must honour our
constitutional and international
obligations. Zimbabweans are fleeing a
humanitarian disaster and some of the
most violent, disturbing forms of
torture our clinic has encountered. To
label this "economic migration" is a
flagrant dismissal of legitimate asylum
claims and a blatant refusal to
observe what has obviously been a matter of
humanitarian
concern.
In conclusion, South Africa's response (or lack of it) to
the growing number
of Zimbabweans seeking refuge within its borders is a
matter of increasing
concern. It is of utmost importance that the refugee
claims and humanitarian
needs of Zimbabweans be seriously considered; it
cannot be so under the
rubric of "economic migration". In real political and
legal terms, an
economic migrant is a social nobody. South Africa's
wholesale
re-classification of Zimbabweans as economic migrants is a
dangerous
practice and policy with no foundation in fact or in law. This de
facto
policy prejudices Zimbabweans with viable refugee claims. It feeds
into
xenophobic myths and antagonism and, importantly, it also frustrates
South
Africa's commitment to upholding its constitutional and international
obligations.
Fatima Khan is the director of the Refugee Rights
Project; Rebecca Chennells
is a candidate attorney and Annabel Heaney is a
barrister.