http://www.swradioafrica.com
By
Tererai Karimakwenda
25 September 2012
The parliamentary select
committee in charge of Zimbabwe’s constitutional
reform program (COPAC), has
made a u-turn regarding participation of civic
society groups at the 2nd All
Stakeholders conference, now scheduled for
October the 4th to the
6th.
COPAC’s secretariat and select committee had last week decided to
reduce the
number of participants from 2,400 to 2,000, allegedly due to
budgetary
constraints. Each of the three parties was to send 600 delegates,
with
legislators making up the remaining 200 slots. Because of this it had
been
decided to exclude any representation from civic society.
But
according to a coalition of more than 10 civic society groups that met
with
COPAC co-chairperson Douglas Mwonzora on Monday, COPAC has now
revisited the
issue of delegates, among other critical issues regarding the
new draft
charter.
Thabani Nyoni, spokesperson for the Crisis Coalition, said COPAC
reviewed
its position and resolved to scale the number of delegates down to
1,100.
There would now be 246 delegates from the political parties, 284 from
Parliament and 571 from civil society.
“Civic society had threatened
to boycott that Conference if we were not
recognized as independent entities
and the voice of the people. Fortunately
COPAC decided to treat the civic
groups as stakeholders and we came up with
a clear framework for our
participation,” Nyoni explained.
Nyoni said it is also important that
COPAC decided to use only their draft
at the Stakeholders Conference,
without discussing amendments made by ZANU
PF. But there is still concern
that some ZANU PF elements will try to
violently disrupt the event or find a
way to include the amendments they
want.
“It is worrying why ZANU PF
has all of a sudden agreed to use the COPAC
draft. There is concern they
might a way to mobilize enough support for
their amendments. We are aware of
that and are prepared to resist any such
attempt,” Nyoni said.
He
added that COPAC also decided to allow diplomats, local and international
media, the judiciary and other interested stakeholders to observe the
process. This has eased fears of a violent disruption.
http://www.newzimbabwe.com
24/09/2012 00:00:00
by Staff
Reporter
PRESIDENT Robert Mugabe has five days to order
by-elections in at least
three parliamentary seats or face a contempt of
court charge.
Mugabe was granted a 30-day extension to a previous August
30 deadline set
by the High Court for the by-elections to be called in three
Matabeleland
constituencies.
The President is in New York for the
United Nations General Assembly and
does not return to Harare until early
October – which would be past the
extended court deadline.
In his
absence, Acting President Joice Mujuru could be the one to issue a
proclamation which legal experts say should not only cover Nkayi South,
Lupane East and Bulilima East constituencies but nearly 30 other vacant
parliamentary seats and hundreds of local government
positions.
Mugabe asked for the court extension after pleading poverty,
insisting that
the government could not raise the US$38 million needed for
the by-elections
elections.
The Nkayi South, Lupane East and Bulilima
East seats fell vacant following
the expulsion from the Movement for
Democratic Change (MDC) of MPs Abednico
Bhebhe, Norman Mpofu and Njabuliso
Mguni.
The trio, now independents, went to court seeking to force
by-elections to
be held and their fight went up to the Supreme Court where
the country’s top
judges dismissed the government’s financial arguments for
not holding the
by-elections as the law demands.
University of
Zimbabwe law lecturer and National Constituency Assembly
chairman Lovemore
Madhuku said President Mugabe can still announce the dates
for the
by-elections and change them anytime just to delay the process,
although
that option could be unattractive as it would not be in the spirit
of the
court ruling.
Zimbabwe is broke after Finance Minister Tendai Biti was
forced to cut his
budget by $600 million recently as he warned that the
country could soon
default on salaries for government workers.
The
compelling financial case has seen Zanu PF and its main rival the MDC-T
both
agreeing that holding the by-elections now with a general election due
by
June next year would add unnecessary strain on the national purse.
The
parties are also reluctant to hold what analysts say would be a
“mini-general” election before agreement is reached on constitutional,
media, security and electoral law reforms due under a power sharing
agreement signed in September 2008.
http://www.herald.co.zw
Tuesday, 25 September 2012 00:00
Daniel
Nemukuyu Senior Court Reporter
RESERVE Bank of Zimbabwe Governor Dr
Gideon Gono and his company, Lunar
Chickens, have been ordered to pay
Renaissance Merchant Bank US$1,2 million
in settlement of a loan extended to
the firm in 2010.
Dr Gono, a director with Lunar Chickens, was cited as a
co-principal debtor
and surety together with four other
companies.
High Court judge Justice Chinembiri Bhunu ordered the
execution of the six
immovable properties that had been tendered as surety
bond.
The following properties were declared executable:
Stand
3434 Harare measuring 4 694 square metres
Lot 4 of GA Hellensvale measuring
2, 0332 hectares
Stand 6 Tara, Goromonzi measuring 6, 3314 hectares
Stand
644 Ruwa measuring 2 000 square metres.
Justice Bhunu granted the order
following an unopposed chamber application
by RMB’s lawyers, Danzinger and
Partners.
“Judgment is hereby entered against the defendants jointly and
severally the
one paying the others to be absolved in the sum of US$1 274
167,85 together
with interest at the rate of 21 percent per annum from May 1
2012 to date of
payment in full . . . ” read part of the order.
The
other four companies that were cited as defendants together with Dr Gono
and
Lunar Chickens are Froglett Investments, Kimira Bonsai Nursery, Hanrob
Investments and Wykeham Investments.
Facts of the matter are that on
December 8 2010, RMB extended a credit
facility of US$1 million to Lunar
Chickens.
In the same deal, Dr Gono and the other four firms stood as surety
and
co-principal debtors for the due fulfillment of all the obligations of
Lunar
Chickens.
Froglett passed a surety bond of Stand Number 3434 Harare
Township in favour
of RMB while Kimira Bonsai Nursery bonded the Hellensvale
property.
Hanrob Investments offered Stand Number 6 Tara Township while
Wykeham bonded
Stand 644 Ruwa.
In breach of the agreement, Lunar Chickens
has failed to settle the loan
under the credit facility that expired on May
31, 2011.
The balance outstanding on the loan stood at US$1 274 167,85 as at
April
2012.
The capital amount is US$998 996,03 and interest by April
this year was
calculated at US$275 161,82. Bank charges were only
US$10.
Despite demand, the six defendants have refused to settle the said
amount,
prompting RMB to file summons at the High Court on June 1 this
year.
The summons was duly served on the defendants on June 13 this year and
the
deputy sheriff produced a return of service document that was filed at
the
High Court.
Lunar Chickens, Dr Gono and the four other firms did
not respond to the
claim until they were automatically barred in terms of
the rules of the High
Court.
RMB then filed a chamber application seeking
a default judgment in terms of
the summons issued.
Justice Bhunu granted
the chamber application last Wednesday.
RMB is on record claiming that
Lunar Chickens owed it US$1 million while the
central bank itself owes it
US$8 million.
In another claim at the High Court, RMB indicated that if it
got back the
US$9 million owed by the two entities, its financial woes would
end.
http://www.reuters.com
HARARE, Sept 25 | Tue Sep 25,
2012 8:52am EDT
(Reuters) - Zimbabwe's revenue authority has ordered
Impala Platinum's
Zimplats unit to pay $33.8 million in back-dated taxes,
arguing the tax
holiday claimed by the firm had no legal basis, Zimplats
said on Tuesday.
Zimplats, the country's largest mining operation, said
in a statement the
Zimbabwe Revenue Authority (ZIMRA) had re-assessed its
tax obligations for
the period between 2007 and 2012.
http://www.swradioafrica.com
By Alex Bell
25
September 2012
The Salvation Army is being urged to take immediate action
and reinstate a
top doctor it recently dismissed from the Howard Hospital in
Zimbabwe, where
supporters have warned a humanitarian disaster is
brewing.
Canadian born Dr. Paul Thistle was dismissed in August under
unclear
circumstances, a decision that led to violent protests by outraged
Chiweshe
residents. The Hospital meanwhile has been left to run at limited
capacity,
and many patients have been either turned away or discharged
without full
care, because Dr. Thistle was the chief doctor and only surgeon
there.
The doctor was given 24 hours to leave the hospital and then 48
hours to
leave Zimbabwe, with no explanation from the Salvation Army other
than that
the decision was apart of ‘internal processes’. He has been barred
from the
hospital, but is refusing to leave the country while a criminal
case hangs
over eight of his colleagues, who were arrested and charged with
‘inciting
violence’ during the protests in Chiweshe.
An international
network of doctors and supporters has since been trying to
convince the
Salvation Army to reinstate Dr. Thistle because of the looming
crisis his
absence has created. The Interfaith Friends of Howard Hospital
group has had
several meetings with the Salvation Army, both in Dr. Thistle’s
native
Canada and at the international headquarters in London.
But according to
the group’s chief coordinator, Dr. Michael Silverman, the
Salvation Army has
reneged on promises it made to the group to first undergo
a review of the
situation at Howard Hospital, before making a final decision
about Dr.
Thistle’s fate. He said they have reiterated their position that
Dr. Thistle
must leave Zimbabwe by October 5th, despite a replacement only
meant to take
over at Howard Hospital in December.
“It just doesn’t make any sense.
They haven’t given any explanation why he
has to leave. I believe it is
something internal in the Church, but they
haven’t made anything clear,” Dr.
Silverman said.
He explained that the situation is likely linked to a
financial grant Dr.
Thistle had secured for the Howard mission, which was
then withdrawn because
the Zim leadership of the Salvation Army refused to
adhere to transparent
accounting for the money. The leadership, which is
believed to be heavily
influenced by Joice Mujuru as a senior Salvation Army
member, said it did
not need to account for how the money would be
spent.
“It isn’t clear if Dr. Thistle’s dismissal is because of this, but
I believe
it was,” Dr. Silverman said.
He added that the key concern
now is for the fate of the hospital, and the
hundreds of thousands of people
who have come to rely on its service over
the past 16 years. He explained
how Dr. Thistle was integral to the
existence of the once thriving facility,
and without him, “it only spells
disaster.”
“The once thriving
hospital is operating at 10% capacity. Seven thousand
patients in Chiweshe
are receiving Anti-Retroviral Therapy, including 3,000
registered at the
Howard Hospital’s Tariro HIV/AIDS/TB Clinic. These
patients are now at risk
of defaulting on their treatment. Eight of the
Howard Hospital’s nurses have
been arrested following unrest following the
dismissal of the Thistles, and
approximately 1,500 orphans and vulnerable
children have been left without
support. International funding is in
jeopardy, as donors cannot guarantee
their funds will be used for their
intended purpose. The humanitarian crisis
with people needlessly dying has
caused an international outcry,” Dr.
Silverman said.
http://www.thezimbabwean.co.uk
A man escaped death by a whisker
after being brutally attacked by some
members of the uniformed forces last
week.
25.09.12
10:19am
by Tarisai Jangara
Stanley
Bururu (48), a teacher at Masvika Primary School in Mutoko, told The
Zimbabwean he was attacked by four men in army uniform.
“On my way
home from Mutoko centre, I was approached by four men in army
uniform who
demanded to know where l was coming from. I told them l was
coming from the
shopping centre. They dragged me into a nearby bush and beat
me up with logs
and fists,” he said.
The soldiers accused him of attending an MDC rally
addressed by Welshman
Ncube, leader of the smaller Movement for Democratic
Change. “I now live in
fear as these men promised to come back for me and my
family. They said l am
an activist masquerading as a teacher,” he
said.
He reported the matter at Mutoko police station. Kurauone Chihwayi,
MDC-N
spokesperson, said a number of their supporters were attacked at the
rally.
“We are still receiving reports that people are still being beaten up
by the
army, which is disturbing,” he said.
http://www.thezimbabwean.co.uk
Police in Mberengwa East have banned all MDC meetings in
the area while Zanu
(PF) meetings are being held
freely.
25.09.12
10:20am
by Zwanai
Sithole
Harare
The MDC-T chairman for Mberengwa East, Ketrush
Mubaiwa Moyo, told The
Zimbabwean this week that police were refusing to
sanction even private
meetings for the party’s local leadership in the
area.
“All our structures from branch to district levels are failing to
hold
meetings in the area,” said Moyo.
“Last week we wanted to hold a
district meeting in preparation for our
forthcoming anniversary in Bulawayo,
but the meeting was disrupted by the
police. We are convinced that this is
politically motivated because Zanu
(PF) is being allowed to hold its
rallies,” said Moyo.
Midlands’s provincial Police spokesperson, Inspector
Emmanuel Mahoko, said
he was not aware that police had banned MDC meetings
in the area.
“I am not aware that our colleagues on that side are denying
others parties
an opportunity to hold their meetings. I have to verify that
with the
regulatory authority in Zvishavane,” he said.
The MDC-T has
also accused the police of banning MDC meetings in Mashonaland
provinces.
http://www.thezimbabwean.co.uk/
A Zanu-PF village head who is also
a headmaster at Mbuya Nehanda secondary
school in Mberengwa, Munyaradzi
Ndlovu, has threatened to evict all MDC
supporters from his village saying
they are sell-outs.
25.09.12
01:18pm
by Zwanai
Sithole
Harare
Ndlovu, a member of the disbanded Zanu-PF Mberengwa
District Coordinating
Committee (DCC), declared last week during his
installation as village head
for Moti village that all MDC supporters will
be evicted soon.
Ndlovu was installed as the village head for the area to
replace his father
who had passed away.
In an interview with the
Zimbabwean, Wellington Shava, the MDC T district
secretary for party
business, said party supporters who attended the
installation ceremony held
in Muchembere ward were told that they would
never be allowed to benefit
from any government programmes, for example food
aid.
"Ndlovu and a
group of war veterans openly declared during his installation
as village
head that all MDC supporters would soon be evicted because they
are
sell-outs.
"He said the MDC supporters would also not be allowed to
benefit from any
government programmes like the grain loan scheme. He said
the MDC supporters
should not benefit because they have always been against
the government so
they should look for help from America," said
Shava.
When contacted for comment, Ndlovu said: "The people who have told
you that
information are MDC supporters who want to tarnish my image and the
image of
Zanu-PF."
Mberengwa has been a Zanu PF stronghold since
independence, the party's
militias and war veterans have been mostly
terrorising opposition supporters
in the past recent years.
Zanu-PF
has declared war against MDC supporters in Mberengwa district saying
their
party should start setting up a refugee camp as they will be all
forced to
flee.
Last year, several MDC supporters fled their homes in Murongwe area
in the
same district after war veterans led by one Retired Major Shava
raided their
homes for boycotting a Zanu PF rally.
Early this year a
group of war veterans were arrested after disrupting a
constitutional
parliamentary committee consultative meeting on the new
constitution held at
Vutsanana Secondary School in the same district.
http://www.thezimbabwemail.net
Staff Reporter 2 hours
5 minutes ago
HARARE - Mines Minister and Zanu PF Secretary
for Economic Affairs, Obert
Mpofu has dismissed allegations by the MDC-T
that his party is running a
parallel government using proceeds from diamond
sales.
The allegations were made at a press club meeting in Bulawayo by MDC-T
provincial chairman for Bulawayo, Mr Gorden Moyo who said Dr Mpofu has
assumed the role of Prime Minister and Finance Minister.
Mpofu dismissed
the allegations as a political joke, saying some of the
portfolios such as
the Ministry of Finance were requested by the MDC-T at
the formation of the
inclusive government.
The Zanu PF Secretary for Economic Affairs said it is
in fact the MDC-T
which is running a parallel government that is sponsored
by western
countries to effect regime change.
“We have tabulated all the
records showing what happens in the mining sector
and most of the exports
are done through the central bank and they are the
ones who issue CD 14 and
the Ministry of Mines doesn’t get involved those
issues” he said.
Mpofu
added that minerals are sold in a transparent manner and Zanu PF will
never
run a parallel government as it is a party that serves the interests
of the
people with nothing to hide.
Despite criticism by the MDC-T, the mining
sector has remained the major
contributor to economic growth with 60% of
export earnings.
Former Mines Minister Edward Chindori-Chininga and Zanu PF
central committee
member has described current minister Obert Mpofu as a
crook and a thief.
Chindori-Chininga escaped death in a mysterious car
accident in which three
people were killed.
According to a diplomatic
cable released by Wikileaks Chindori-Chininga told
United States ambassador
to Zimbabwe Charles Ray on 21 January 2010 that
Mpofu had entered into
unlawful partnerships with Mbada and Canadile to mine
diamonds in
Marange.
Chindori-Chininga was chair of the Parliamentary Committee on mines
at the
time.
He said he believed Mpofu, whom he characterized as a
"crook" and a"thief,"
had unlawfully entered into partnerships with Mbada
and Canadile. He stated
that MDC-T deputy minister of mines Murisi Zwizwai,
who he said was a friend
of his, had been seriously compromised by
Mpofu.
In 2010, the Indian Surat Rough Diamond Sourcing Limited (SRDS), a
company
set up to source rough diamonds for local manufacturers, requested
that
Zimbabwe supply it with $100 million worth of Marange diamonds each
month.
In a letter presented to Zimbabwe mines minister Obert Mpofu on
Thursday,
SRDS chairman Ashit Mehta, whose private company Blue Star is a De
Beers,
Diamond Trading Company (DTC) sightholder, offered to train Zimbabwe
artisans in cutting and polishing as well as provide the country with
technical assistance in exchange for the rough supply.
“We request
minister Mpofu and the government of Zimbabwe to facilitate the
supply of
rough diamonds, on a regular monthly basis, to the tune of $100
million,
which will be on an annual basis of $1.2 billion of run of mine
goods,”
Mehta said during the minister’s visit to Surat.
The diamonds would then
be distributed to the Surat industry through monthly
tenders, according to
the SRDS mandate.
Mpofu, who was educated in India, stressed the strong
relationship between
the two countries and dismissed attempts by “the West”
to prevent Zimbabwe’s
Marange diamonds from reaching the market.
The
MDC-T through the Deputy minister of Justice and Legal Affairs Obert
Gutu
has questioned Obert Mpofu’s source of wealth after the Mines minister
concluded the acquisition of troubled bank, ZABG.
Mpofu recently bailed
out the bank after agreeing to invest in an asset
backed transaction that
involved the transfer of assets to the bank. The
assets include York House,
one of the tallest buildings in Bulawayo.
Mpofu’s investment rescued the bank
from closure after it had battled to
meet the US$12,5 million minimum
capital requirements.
Writing on the social networking site, Gutu who is the
MDC-T spokesperson
for Harare province said it was impossible for a
government minister to
splash US$22 million on a bank.
How a Government
Minister in a struggling economy like Zimbabwe can ''raise
'' US$22 million
and buy a whole bank surely boggles the mind..... Am I
missing something
here? Whither the diamonds of Marange and Chiadzwa. I will
call this a
festival of looting,” Gutu wrote.
The posting drew the ire of Gutu’s
followers who accused Mpofu of looting
the country’s resources.
Gutu
became the second MDC-T official to question Mpofu’s wealth after the
party’s secretary general and Finance Minister Tendai Biti said last month
it was unbelievable that civil servants earning US$800 were now buying
jets.
“There is no doubt that a small coterie of individuals is benefitting
from
Zimbabwe diamonds. Some of us who are benefitting are not afraid to
flaunt
our monies. We are buying all kinds of assets,” Biti told
stakeholders
attending a diamond workshop last month.
“I am a government
minister and earning US$800. How do I buy some of the
assets that we are
buying?”
“People are now buying private jets because of our diamonds.” Mpofu
has in
the past said his wealth is not ill-gotten and has evidence to prove
that.
Minister Obert Mpofu has failed to give an adequate account for diamond
revenue emanating from Marange fields.
In June this year Mpofu came under
the spotlight at a conference in Harare,
organised by Centre for Public
Accountability.
“I am minister of mines not minister of revenue. If revenue
has not been
collected it is not our fault. ZIMRA collects the revenue. Ask
me about
Mining issues not revenue issues and i will explain.
“I do not
deal with figures but mining development.
Delegates had asked him where the
diamond revenue from Marange was going
following Finance Minister Tendai
Biti’s recents complaints of non
remittance to the treasury revenue by
mining companies.
Presenting his first quarter economic review Finance
Minister Tendai Biti
said revenue collected through ZIMRA for March 2012
amounted to US$287,9
million against a target of US$320,2 million, giving
rise to a US$32,4
million shortfall, arising from the underperformance of
diamond proceeds.
Zimbabwe Environment Law Association National Director
Mtuso Dliwayo
condemned Mpofu’s utterances saying citizens want
accounatbility and
information.
“What is wanted here is accountability
over the resource extraction in order
to curb corruption and it is not a
witch hunting issue.Zimbabweans want to
know who, where, and how much are we
getting and from what resource and
nothing else,”he said.
But Mary Jane
Ncube Transparency International Director insisted that mining
activities
should be divulged to the citizens adding that by so doing
corruption is
reduced.
“We are citizens of this country and we have the right to question
it(mines
ministry) because it is the one which signs deals with mining
companies
operating in the country, and hiding such information to us is
unfair, “she
said.
Mpofu however said the country is expecting 12, 1
million carats of diamond
by the end of the year, and revenue of US$600 is
expected from the sales.
A mines ministry source has said around 1.5 million
to 2 million carats are
being mined there each month. The stones have an
estimated average value of
around $55 per carat.
http://www.swradioafrica.com
By Alex Bell
25
September 2012
ZANU PF is facing criticism for seeking political
interference from the
ruling ANC party in South Africa, where the Supreme
Court of Appeal has
dismissed the Zimbabwean government’s attempt to block a
landmark ruling on
the land grab campaign.
Last week a South African
court dismissed an appeal by the Zimbabwean
government against the North
Gauteng High Court decision in 2010, which
upheld the 2008 ruling by the
SADC Tribunal that the land grab in Zimbabwe
was unlawful.
That High
Court decision was the result of a legal challenge lodged by
farmers who
lost land in Zimbabwe during the land grab, and who were forced
to turn to
South Africa for assistance when Zimbabwe refused to honour the
regional
human rights Tribunal.
The decision last week by the Supreme Court of
Appeal has now been widely
applauded for setting a precedent in the Southern
African region by
upholding the rule of law. It means that Zimbabwean
properties in Cape Town
face being auctioned to compensate the
farmers.
But ZANU PF Minister Didymus Mutasa has now said that the
government will
call on South Africa’s ruling ANC party to make a political
decision and
block the auction.
“What they (farmers) are fighting is
not about land, but to trouble the
government of Zimbabwe. After this
judgment, which is legal, we should let
it go and we speak to the ANC and
take a political decision. I hope that is
possible,” Mutasa said.
At
the same time, a ZANU PF aligned advocate who was part of the Zimbabwe
legal
team, Martin Dinha, has also branded the ruling ‘racist’ and against
international laws.
“South Africa’s judiciary is not yet liberated
from apartheid; it has
cosmetic liberation. South Africa remains a colony of
white Rhodesians and
apartheid,” said Dinha, who is also the Mashonaland
Central governor.
Former Chegutu farmer Ben Freeth said such a reaction
is unsurprising
because of the “dictatorship in Zimbabwe, where there is no
separation of
the state from the judiciary.”
“It’s an entirely
predictable reaction born out of sour grapes which shows
contempt for the
South African courts,” Freeth said.
Willie Spies, one of the lawyers who
represented the farmers in the case,
said that South Africa has “done its
best to uphold the constitution and
uphold the division between the
judiciary and the state.” He said it was
“frightening” that Zimbabwe was
playing the “race card” to seek political
inference in the case, and it will
be “interesting” to see what happens.
http://www.radiovop.com
Bulawayo, September 25, 2012 – State
Enterprises Minister Gorden Moyo shed
tears Monday evening at the Bulawayo
Press Club as he related how his
parents’ rural home was burnt to ashes by
5th Brigade soldiers.
Moyo, the Movement for Democratic Change Bulawayo
chairman, said he had
escaped together with his parents and missed death by
a whisker after the
whole village in Sogwala area in Lower Gwelo was burnt
down to ashes by the
soldiers who, were being led by the late Zanu (PF)
politburo member, Richard
Hove.
“It was very painful and traumatising
to see my whole village including my
parents’ home being burnt down to ashes
by Richard Hove, who was leading a
group of Zanu (PF) supporters and 5th
Brigade soldiers. We actually escaped
death by a whisker and lucky to be
alive. So no one can tell us today to
sweep the Gukurahundi issue under the
carpet," he said.
“A Truth Reconciliation Commission should be set up
like what happened in
Rwanda ,South Africa and Burundi to deal with
Gukurahundi,” said Moyo in
tears.
More than 20 000 Zimbabweans were
massacred by the Zanu (PF) government in
the 1980s during the Gukurahundi
operation conducted by 5th Brigade army in
the Matabeleland and Midlands
regions.
There were accused of being dissidents and were buried in mass
graves while
some were thrown alive in disused mines.
President
Robert Mugabe, who is the Zanu (PF) leader, has refused to
apologise for the
killings although he has called the crackdown “a moment of
madness.”
Moyo said it was a mistake to go into government with Zanu
(PF).
http://www.newzimbabwe.com
24/09/2012 00:00:00
by Staff
Reporter
PRIME Minister Morgan Tsvangirai’s representatives on
Monday scaled the
security gate at the family home of his estranged wife,
Locardia
Karimatsenga, in a bid to deliver gupuro, a divorce token under
traditional
customs, her lawyers have claimed.
The MDC-T leader is
locked in a bitter divorce tussle with Karimatsenga who
successfully
petitioned the courts to block his marriage to new flame,
Elizabeth Macheka
last week.
Karimatsenga’s lawyer said Tsvangirai’s emissaries have in
recent days
visited the homes of her relatives in a bid to end the
relationship and, on
Monday, jumped the gate as her family home to deliver
the gupuro.
“I can confirm that the PM’s emissaries went and jumped into
the
Karimatsenga homestead in Christon Bank. It is unthinkable that the PM’s
emissaries exhibit such unlawful behaviour,” Everson Samukange told the
state-run Herald newspaper.
“There was no one at the premises, except
for the gardener. The modern thing
they could have done was to knock at the
gate rather than to jump. We are
actually wondering what their motive
was.”
Last week Tsvangirai’s representatives are said to have visited the
home of
Locardia’s aunt in Borrowdale where they left a letter in the letter
box.
Another letter was also hurled over the precast wall of Locardia’s
house in
Greendale.
Samukange said he was trying to contact
Tsvangirai’s lawyers, Thabani Mpofu
and Innocent Chagonda, over the letters
as well as to discuss their request
for an out of court
settlement.
“I have been trying to get in touch with Advocate Mpofu and
Chagonda over
the letters, but I have not been successful,” he
said.
Karimatsenga insists she is still married to Tsvangirai after he
paid lobola
to her family last November.
But the MDC-T leader says he
only paid damages for making her pregnant and
ended their relationship after
it was hijacked by political rivals and state
security agents to embarrass
him.
Karimatsenga is also seeking US$15,000 in spousal maintenance from
Tsvangirai but insists she has not wish to divorce him and is comfortable
with being in a polygamous marriage since she is the first wife.
| ||||||||
| ||||||||
THIS was the horrific scene on Monday morning after this Mbare-bound commuter minibus filled with market traders burst its left rear tyre and overturned along Chitungwiza Road. Four people were killed
on the spot, and two more died on admission at hospital.
Police say 12 injured passengers were admitted at Chitungwiza Central and Parirenyatwa Hospital with two of them described as in critical condition. Inspector Tigere Chigome
said most of the dead were market traders going to work in
Mbare.
What should have been a routine commute to work turned to horror shortly after 6.30AM when – according to survivors – the minibus burst its left rear tyre just after crossing the Manyame Bridge, careered off the road and overturned. Investigators say the
minibus was overloaded and believe the driver was speeding.
“Drivers must observe speed limits,” Inspector Chigome said. “This is important in case something happens one is able to control the vehicle. The drivers should also desist from overloading.” Police withheld names of the deceased as they worked throughout Monday to inform relatives. |
http://www.newzimbabwe.com
24/09/2012 00:00:00
by Phyllis
Mbanje
DETECTIVES failed to carry out alibi checks and conduct an
identity parade
for the 29 MDC-T activists charged with the murder of a
police officer in
Harare last May, the High Court heard
Monday.
Testifying as the trial opened, detective Assistant Inspector Ben
Justen,
who was part of the investigating team, said he separately arrested
three of
the suspects – Zwelibanzi Dube, Simon Mapanzure and Samuel Mdimu –
and
handed them over to his superiors who continued with the
investigation.
He said a Mazda truck belonging to retail firm, Power
Sales, where Dube was
employed, was used by the suspects to flee the crime
scene. The vehicle was
later recovered from a car park close to Dube’s Glen
View home and impounded
by police as evidence.
But Inspector Justen
admitted under cross examination from defence attorney
Beatrice Mtetwa that
no identification parade was held for the suspects and
that investigators
also failed to check their alibis.
Mtetwa then charged: "How then can you
be sure that these 29 people are the
ones who committed the heinous crime
when no one identified them? This could
clearly be a case of mistaken
identity."
She added: "One of the accused, Samuel Mdimu, is a vendor at
the shops and
at the time of the fracas he was having a haircut.
“He
actually ran away with half of his hair cut and had to seek services of
another barber to finish off the job but none of you officers bothered to
verify his alibi with the barber, even though he had provided his
name."
The detective then drew laughter from the gallery when he appealed
to
Justice Chinembiri Bhunu for protection from Mtetwa’s barrage of
questions
saying: "My lord I have answered to the best of my knowledge but
she
(Mtetwa) keeps on asking me more questions."
But Justice Bhunu
suggested he probably needed a rest, quipping: "Are you
tired
detective?"
Meanwhile, Mtetwa also registered a formal protest with the court
against
chief law officer, Edmore Nyazamba, who is prosecuting, accusing him
of
engaging in delaying tactics.
Justice Bhunu said he was also
wondered why Nyazamba was always late for
court.
Prosecutors say
Inspector Petros Mutedza was killed by a mob of MDC-T
activists after police
tried to break off an illegal gathering in Glen View.
The MDC-T
activists, who have been in custody for more than a year, deny the
charges
and the trial continues Tuesday with Mtetwa cross examining
witnesses.
Justice Bhunu is yet to rule on the 29’s fresh bail
application that was
made last week.
http://www.mdc.co.zw
Tuesday, 25 September 2012
Issue - 438
The Glen View
murder trial in which 29 MDC members are being falsely accused
of murdering
a police officer continued today at the High Court with
Assistant Inspector
Ben Justen, one of the arresting officers and a State
witness finishing
testifying.
A new State witness Timothy Guta, the police officer who was
involved in the
arrest of Solomon Madzore was then called in. Madzore is the
Youth Assembly
chairperson and was arrested at his Harare home on 04
October, 2011. Guta
said upon his arrest, Madzore was very cooperative and
queried why the
police wanted to arrest all the MDC youth activists. The
trial resumes
tomorrow morning at 11am.
Meanwhile, Chipinge Senator,
Hon. Josiah Mukayi Rimbi who died on Monday
will be buried on Thursday at
Rimbi village in Musikavanhu constituency.
Senator Rimbi passed on at
Murambi Gardens Clinic in Mutare after admission
on the same day. He was
suffering from diabetes.
MDC @ 13: The last mile: Towards real
transformation!!!
http://www.dailynews.co.zw/
Tuesday, 25 September 2012 12:39
HARARE -
Harare City Council currently owes various service providers $100
million,
an official revealed yesterday.
City Treasure Misheck Mubvumbi said the
council was failing to clear the
debt because its money was also held by
consumers of its services who are
not paying bills.
“We can only
clear (the debt) once government and industry pay what they owe
council,”
said Mubvumbi during a pre-budget consultative meeting with
industry
stakeholders in Harare.
The local authority is itself owed over $300
million by government, industry
and residents who cite economic challenges
as the impediment to paying
rates.
According to Mubvumbi, government
alone currently owes council $40 million
and has since 2009 paid only $9
million in rates.
The city treasurer questioned Zimbabwe National Road
Administration (Zinara)
licence revenue collections, saying the agency had
failed.
“If we collected $7,5 million in 2009, $6 million in 2010 how
then can
Zinara explain $2,6 in 2011 and this year’s $1,2 million against a
background where vehicle numbers have gone up?” queried Mubvumbi.
The
authority’s projected revenue from licences stood at around $15 million,
Mubvumbi said.
http://www.dailynews.co.zw
By Fungai Kwaramba, Staff Writer
Tuesday, 25
September 2012 12:32
HARARE - Wars pitying Zanu PF militia and members of the
security forces
have exposed President Robert Mugabe’s patronage system as
groups such as
Chipangano mutate into dangerous groups.
Two weeks ago
rank marshals better known as Mandimbandimba an offshoot of
the Zanu
PF-linked Chipangano beat up two soldiers prompting a crackdown
from the
army.
In a follow-up blitz police arrested more than 300 rank marshals
creating an
uneasy calm at bus termini in the city centre.
However,
Chipangano’s tentacles are still being felt in other easy and
lucrative
avenues of accumulating wealth such as in Mbare money-spinning
markets where
the group continues to rake in huge profits.
At ranks in the city centre
Chipangano militia made a score of as much as
$30 000 a day.
Analysts
have long warned that Zanu PF’s patronage system designed to woo
voters
ahead of polls would backfire.
Apart from letting its supporters rob
people at ranks and in Mbare, Zanu PF
which control key ministries such as
defence and the mines has also
controversially legalised gold panning as
well as recruited ghost workers
against “better advice” from
Treasury.
Mugabe’s party which is in an uneasy coalition with the MDC led
by Prime
Minister Morgan Tsvangirai, early this year illegally recruited
soldiers and
police officers lowering the entry bar.
Presently the
cash-strapped government of Zimbabwe has 10 000 ghost but
visible workers on
top of the other 70 000 ghost workers.
Finance minister Tendai Biti who
has put a freeze on all government
employment has failed to reign in Zanu PF
ministries amid threats from his
counterparts in the troubled
coalition.
“The two chief culprits are the ministry of Defence, which
employed 4 600
since January, and the ministry of Home Affairs which has
recruited 1 200
personnel without Treasury approval,” said Biti.
The
addition of new recruits is exacerbating the acute shortage of food at
army
barracks and adding to a wage bill that Zimbabwe cannot afford to
meet.
Some months ago hungry soldiers embarrassed Mugabe as they stole
food at a
function in Mutare right in his presence.
Apart from
illegal recruitments Mugabe’s party has also been protecting 75
000 ghost
workers. The ghost workers are Zanu PF supporters who include the
feared
Border Gezi graduates.
Concerted efforts to flush them from the
government payroll have been
resisted by Zanu PF ministers who regard the
activists as focal points ahead
of elections.
Parliament has been
pushing for the release of the audit into ghost workers
but to date it has
been unsuccessful.
An audit of ghost workers was embarked on three years
ago but it is still to
be made public and lawmakers estimate that “ghost
workers” are chewing US$75
million from the Treasury.
Minister of
Mines and Mining Development Obert Mpofu, has also come up with
his
empowerment carrot.
Speaking in Gwanda recently, Mpofu said gold panners
were “heroes” adding it
was ridiculous that many were being arrested because
legislation inherited
from the colonial era made their activities
illegal.
“Since January, three tonnes of gold has been delivered to the
Treasury,”
Mpofu said, adding that he would push for an amendment of the
Mining Act to
legalise panning and free those in jail.
“Omakorokoza
contributed one tonne of that gold, yet we arrest and chase
them. It is my
wish that even those who have been arrested for panning could
be released
from prison.”
Empowerment minister Saviour Kasukuwere added: “We must
legalise
omakorokoza. I would like to thank minister Mpofu for making the
statement.
It is a fact that many of our young people have been imprisoned
because of
gold.”
However, effects of Zanu PF populist policies are
already being felt on the
environment with rivers filling up with sand and
farmland being reduced to
gullies. — Weekend Post
http://www.dailynews.co.zw/
By Taurai Mangudhla, Business
Writer
Tuesday, 25 September 2012 12:36
HARARE - Community members in the
Marange diamond mining area have held
protests against lack of transparency
and accountability in the mining
activities of firms operating in the
area.
This comes after Mines minister Obert Mpofu’s June announcement
that
Zimbabwe approved its Diamond Policy at the height of accountability
concerns, but the new legislation will not guarantee full disclosure as a
sanction busting mechanism.
The precious stones were this year
expected to contribute 18 percent of the
country’s $4 billion cash budget,
but it had to be revised downwards to $3,4
while economic growth forecast of
9,4 percent in 2012 also had to be revised
to 5,6 percent on account of poor
revenues trickling from the Marange
miners.
On Friday, people living
in the diamond rich area took up banners and
marched against what they said
was greed and corruption in the allocation of
claims in Marange, lack of
transparency and the exclusion of some
stakeholders in the recently launched
Community Share-ownership Trust.
Chiadzwa Community Development Trust
(CCDT), a local pressure group,
organised the protests.
“The
community said there is lack of community consultation in the issues
surrounding the Marange-Zimunya Community Share-ownership Trust, air and
noise pollution for the villagers staying in the diamond fields,
politicisation of Marange diamonds, community rights violations and
unemployment,” CCDT programmes manager Melanie Chiponda said.
“The
community is worried about the high levels of poverty in the area
resulting
from the seizure of their fields by diamond mining companies and
the closure
of businesses in the diamond fields which has deprived them of
their
livelihoods,” she added.
She said the community has been reduced to
beggars as they have to depend on
food hand-outs from mining
companies.
Some of the diamond mining companies are said to be shunning
locals.
“The mining companies refuse to give them (locals) jobs in the
mines calling
them illegal miners. Unemployment in Marange is very high but
there are
diamond mining companies employing thousands of people. The mining
companies
prefer to employ people from other areas side-lining the Marange
community,”
said Chiponda.
Because mining companies are carrying out
activities when people are still
staying in the area, excessive dust is
affecting residents since there are
no tarred roads in the diamond fields,
resulting in an increase in lung
infections.
“The noise from blasting
is unbearable and houses are cracking as a result
of the blasting,” said
Chiponda.
Zimbabwe Environmental Association’s July research into the
water quality
from Odzi and Save rivers showed that Marange diamond miners
were polluting
water and posing a health scare to the community which
depends on the
rivers.
Usually when anything political is happening, the vilification of the [gay] community begins |
Read more |
Zimbabwe - crisis over? |
Divisions over a new constitution |
'Sexual refugees' struggle to access asylum |
Museveni distances himself from 'cruel' anti-gay bill |
[This report does not necessarily reflect the views of the United Nations]
http://www.zimdiaspora.com
TUESDAY, 25 SEPTEMBER 2012
18:45
By Dan Moshenberg
Last Thursday, Zimbabwe’s Supreme
Court unanimously “chastised” state
security agents for torturing Jestina
Mukoko, national director of the
Zimbabwe Peace Project, four years
ago.
They came at dawn, December 3, 2008. Armed men broke into the
house of
Jestina Mukoko, the only surviving parent of a teenage child who
watched,
helplessly. They took her, in unmarked cars, and held her
incommunicado for
21 days.
During that time, they beat her feet with
rubber truncheons. They dumped her
into solitary confinement. They forced
her to kneel on gravel, to endure
searing pain. They questioned her about
the whereabouts of her son. As
Mukoko explains, “Psychological torture was
the order of the day.” Under
duress, the abductors, which is to say the
State, handed Jestina Mukoko over
to … the State. Where she was again
imprisoned, in the notorious Chikurubi
Maximum Detention Centre, after
having spent time in police cells that had
already been deemed “unfit for
human habitation.”
Mukoko told this story in May to the Oslo Freedom
Forum in a panel titled
“Spotlight on Repression: A glimpse into some of the
world’s least known and
most repressive regimes.” Her talk is entitled “In
Mugabe’s Crosshairs.”
Where does that torture begin? As Mukoko notes, at
the outset of her talk,
she was denied her freedom for 89 days in prison,
but she has been denied
her freedom for far longer than that.
Where
does the torture begin? At the house invasion? The abduction? The
disappearance? The beatings? The kneeling on gravel? The nights with drunken
captors taunting and threatening her? The police cell? The prison? The
mandated weekly visits to the police, while awaiting trial?
It also
begins in the globally constructed status of “least known”. Four
years ago,
when Jestina Mukoko was abducted, and then for the three months
of her
ordeal, she was in the news. Zimbabwe was in the news. Then Mukoko
was
released, and her story was relegated to the conference halls of human
rights organizations.
And so Zimbabwe, somehow magically, receded
into the Brigadoon fog at the
season’s end.
Except that Zimbabwe did
not go away. Jestina Mukoko was not the only person
abducted that year.
Among the 20 or so abducted, at the same time, by ‘State
security agents’,
there was Nigel Mutemagawu, two years old. He was taken
with his parents and
held incommunicado. He was beaten and then left without
medical attention.
All of those cases are still pending. That means, as
Mukoko explains, that
they must drag themselves, every Friday, to the police
station to verify
their whereabouts: “I know how traumatic that is.”
Jestina Mukoko and so
many others are still kicking in Zimbabwe. She’s suing
the government for
torture. She continues to document violations and to give
voice to those who
suffer atrocity. She, and many others, continue to work
for the project that
is peace. Where does the torture end? -
Africacountry.com
http://www.politicsweb.co.za
Vince Musewe
25 September
2012
Vince Musewe shares his experiences on developments in the
country
Greetings to all of you my fellow Zimbabweans, especially those
who
continue to hope for change in Zimbabwe. I shall be writing to you
regularly
to hopefully give you new perspectives on developments in your
country.
Amazingly enough, your country is still standing despite years of
mismanagement and pillage of its resources.
In this letter, I want to
share with you some of my experiences on
political, social and economic
developments in your country so that you may
be better informed and
hopefully make better decisions on how you can
participate in building a new
Zimbabwe in the future.
There is now a physiological momentum towards
change as we finalize the
draft constitution and move towards a referendum
and elections. If I were
you, really would not be pessimistic about the
future. I truly believe that
we are going to see accelerated change,
especially in this last period, as
happened in many countries in Africa
where it seemed almost impossible for
change to come but overnight, we saw
new governments installed. Do not be
fooled, there is no turning back and
its now a matter of when and not if.
I however note with sadness that,
you will not be able to participate in the
forth coming elections. I
expected that, given the fact hat the logistics
involved would present
opportunities for rigging. In addition, Zimbabwe is
not yet sophisticated
enough to implement an international exercise required
to get all
Zimbabweans abroad to vote.
As you are all probably aware, our
politicians continue to squabble on the
way forward as that has become their
core competency of the last couple of
years. Despite this, there seems to be
a self manufactured acceleration
towards extinction by ZANU (PF) as it
continues to fail to articulate
exactly what it can do for the country that
it has not done in the last 32
years. The MDC has high expectations to take
over political power within the
next twelve months. I pray the latter
becomes a reality for your country's
sake.
Zimbabwe has hardly
developed over the last twenty years. It has actually
gone backwards thanks
to you know who. That is not news to you I guess. I
think what is astounding
is that fact that despite the country having highly
educated people in all
sectors and a huge resource base, this has not bourn
any fruit in terms of
development. I do not advise you to return home yet.
Your country needs new
leaders in all sectors especially politics and public
sector.
It
needs people such as you, who have been exposed to developed environments
so
that we may implement new ideas and develop our communities. However now
is
not the time. The economy remains subdued and is operating at survival
mode.
Jobs are extinct and those of you who are not in business would be
advised
to stay where you are for now. Coming back would only frustrate you.
You can
however invest in property and at least own a piece of land as I
know that
its value is surely going to rocket in the future.
For those in business,
I think now is the time to look at opportunity. If
all things go well and we
achieve a new dispensation, it is those who are
already here who will make
the most of it. Be careful however who you get
involved with and who you
share your ideas with as Zimbabwe is a copy
economy and business ethics have
deteriorated somewhat.
I also advise that you do a little research before
you invest in anything.
There are opportunities in virtually every sector
especially in agriculture,
property, communications, transport, energy and
mining. I trust that these
sectors will boom as disposable incomes rise but
you will have to be patient
with your investment. My advice is that you
invest in a sector that you know
and have the required skills.
If
you can start you own business with your own funds do so and avoid going
into a joint venture or borrowing because you will be disappointed at some
of the business practices of those that are here despite their perceived
success. You will be successful if you are innovative and aggressive. Do not
bring all your funds however; leave some abroad because you will need to
ensure that you have access to medical care abroad as the services here
suck. Also remember that the banks here do not have money.
You must
also understand that Zimbabwe's infrastructure has hardly been
developed
over the last twenty years. This tends to frustrate those who are
used to
live in an environment where things work. You must brace yourself
for
inconsistent supply of water and energy. You cannot rely on efficient
supply
of public services so you will have to make your own plan that you
have
continuous water and power. Internet access is available in the cities
but
over priced. If you like to read make sure you have your own constant
supply
of reading materials.
Finally as you all know, there is no place like
home but we need to see a
new breed of citizens who care about others and
are keen to develop the
community. There is much poverty and distress while
there is a significant
number of Zimbabweans who are doing well and are
seemingly divorced from
positively contributing to social development. The
value system we now have
is that of looking after your self at all costs ,
this is not the Zimbabwe
that I wish to live in. We will all be required t
do what we can with what
we have to make a difference and for me that is
more exciting that anything
else.
In conclusion, do not be deceived
by those who wish to maintain the status
quo, they will say anything to
delay progress and their voices will get
louder as the day of reckoning
dawns. Their days are numbered.
I wish you all good health and will write
to you soon.
Sincerely
Vince Musewe
Vince Musewe is an
independent economist currently in Harare and you may
contact him on vtmusewe@gmail.com
Clifford Chitupa Mashiri, 25th September 2012.
In our previous instalment we
looked at the implications of money laundering
for the country. In this
Final Part, we will look at the counter-measures,
but that will be after
briefly examining global trends and basic
requirements for effective
anti-money laundering measures.
Although, money laundering can be of drug
money, kickbacks for big projects
or development aid [1], this paper is
focusing on the suspected laundering
of money from the illicit sale of
diamonds from Chiadzwa.
Zimbabweans have “a well-founded fear that diamond
revenue will be used to
fund a violent election” after disclosures that the
army [2], police and the
Central Intelligence Organisation own shares in
Anjin diamond mining company
which is not remitting funds to
Treasury.
Global Trends
Some authorities trace the history of money
laundering to the 1930s during
the Second World War, when Nazi officers
carted away war loots and stashed
them in secret Swiss bank accounts
[3].
Two trends that have characterised money laundering in recent years are
the
increasing involvement of professionals to carry out the money
laundering
function on behalf of criminals resulting in the “globalisation
of money
laundering” [4].
Professionals are used not only to conceal the
origin of the proceeds, but
to manage the subsequent investment into assets
such as real estate, stock,
bonds or legitimate businesses.
For example,
the Chinese “Fic Chin” system involves depositing money in one
country in
exchange for a “Chit or Chop” and remittance in another
jurisdiction on
presentation of the “Chit or Chop” (Abdullahi Y. Shehu 2000,
6). In 1993,
the Police in New Delhi arrested a Hawalah banker who had over
a period of 2
years handled about US $1.45 billion in payment to his clients
in Dubai
[5].
Interestingly, the Central Intelligence Organisation (CIO) appears to
have
received US$100m in off-budget financing from Sam Pa, a businessman
based in
Hong Kong who holds leadership positions in a network of over sixty
companies known as the Queensway syndicate [6].
CIO sources also told
Global Witness that Sam Pa provided 200 Nissan pick-up
trucks to the CIO. In
return, Sam Pa received diamonds and accessed business
opportunities in the
cotton and property development sectors. How such
activities are evading the
GNU’s attention is all but a mystery.
Money launderers are known to use
“front companies,” i.e. business
enterprises that appear legitimate and
engage in legitimate business but
are, in fact, controlled by criminals
[Paul Allan Schott 2006, 6][7]. Schott
explains that these front companies
co-mingle the illicit funds with
legitimate funds in order to hide the
ill-gotten proceeds.
It’s worth noting that in February 2009, Robert Mugabe
reportedly bought a
US$5.7 million house in Hong Kong at the height of
recession with 94 percent
unemployment and a cholera outbreak that killed
3,467 people [8].The house
was bought on Mugabe’s behalf through an
unidentified company.
At times, life in the fast lane has been taken for
granted. For instance,
chairman of the controversial Zimbabwe Mining
Development Corporation
(ZMDC), Godwills Masimirembwa, whose name was
deleted from the lawyers’
register some 15 years ago over unprofessional
conduct, says he is now
completely rehabilitated and fit for re-registration
as a legal practitioner
[9].
He was de-registered on March 14, 1997 after
being convicted of
misappropriation, dishonourable or unworthy conduct by
Zimbabwe’s Legal
Practitioners Disciplinary Tribunal. He was accused of
failing to keep
proper books of accounts and misappropriation of trust
funds.
Basic requirements
A country’s regime to counter money laundering
and the financing of
terrorism should have some primary objectives - to
deter money launderers
and terrorist financiers; and to prosecute and punish
those involved in such
schemes (Pierre-Laurent Chatain et al.
2009)[10].
Money laundering cases don’t get done without financial records,
many of
which are in the custody of banks or other third party
record-keepers [John
Madinger 2012, 305][11]. According to the World Bank,
as well as bank
examiners, anti-money laundering supervisors should have
powers to carry out
on-site inspections of financial institutions including
a review of
customers’ files and of bank policies, procedures, and books and
records
(Pierre-Laurent Chatain et al. 2009, 34 of 304).
A record of a
strong political will and commitment is necessary and could
include enacting
an Anti- Money Laundering Act as Tanzania did in 2006 and
Kenya in 2007
[12]. Similarly, on the criminal justice side, countries
should have
effective police services with specialised skills and training
in money
laundering and terrorist financing investigations, as well as a
functioning,
non corrupt judicial/prosecutorial system (Schott 2006, 55).
Although
Zimbabwe is a member of the Financial Action Task Force on Money
Laundering
(FATF) and boasts signing and ratifying the SADC Protocol Against
Corruption, and the AU/UN Conventions on the prevention and combating of
corruption [GoZ, 2010] [13], ironically, big cats have not been nabbed [14].
Apart from that the Anti Corruption Commission appears to be just
nominal.
According to ACT –Southern Africa’s regional co-ordinator, Alouis
Munyaradzi
Chaumba, the Zanu-pf leader Robert Mugabe and his wife Grace are
among 56
other Zimbabweans – mostly Zanu-pf bigwigs implicated in corrupt
activities
fleecing the country of billions of dollars.
Ironically, the
President who earns less than US$2000 per month together
with his wife built
a US$13.5million state of the art processing plant dairy
on a farm in Mazowe
which they seized from its rightful owner Ian Webster
but did not pay for
the electricity supply to the tune of £220,000 [15].
While offshore banking
is criticised for ineffective monitoring of money
laundering activities,
Muller, W.H., Kalin, C.H., & Goldsworth, J.G. (2007,
263) [16] contend
that the British Virgin Islands (BVI) is regulated by the
financial services
commission, and its Proceeds of Criminal Conduct Act 1997
seeks to deter any
and all forms of money laundering in the BVI. However,
offshore banking has
raised suspicions of tax avoidance even in the UK [17].
Anti-Money Laundering
Legislation
The Law Society of Singapore (2006,1) suggests that legislation
impacting
professionals other than financial institutions including lawyers,
accountants, real estate agents, notaries, trust and company service
providers compelling them to implement anti-money laundering measures should
be passed.
Similarly, the Asia Development Bank (2003, 6)[18] emphasises
the strict
implementation of “Know-Your Customer” rules; training of staff;
mutual
legal assistance among countries, while the World Bank calls for
effective
due diligence regimes [Schott 2006, 6].
Asset Recovery
The
International Centre for Asset Recovery (ICSR) recommends asset
recovery –
ensuring legislation allows for the ability to freeze or seize
proceeds of
corruption and other criminal activity – either through
conviction or NCB
forfeitures, “ to conduct and carry out special
investigative techniques
such as wiretapping, among others,” [ICSR 2011,
7].
Combating the
laundering of diamonds cash
Global Witness has made sound recommendations
which resonate with anti-money
laundering measures in the context of Marange
diamonds. The watchdog body
says it has received receipts from the diamond
mining company, Anjin
Investments (Pvt) Ltd for payments to other government
bodies but not the
Zimbabwe Revenue Authority, making Finance Minister
Biti’s claim that
Treasury has not received any revenues from Anjin
plausible (believable).
There are concerns that significant sums of money
could flow to the
Zimbabwean military. There is merit in the group’s call
for the activities
of Sam Pa, Sino Zimbabwe Development (Pvt) Ltd and Anjin
Investments (Pvt)
Ltd to be investigated by relevant authorities to see if
their actions
undermine Zimbabwean democratic institutions or risk funding
future human
rights abuses.
It is also right that SADC facilitators
should secure democratic civilian
control over the budgets for the security
services. Given the foot-dragging
in SADC, it remains to be seen if “for
SADC to appoint an expert panel to
investigate these claims” [Global Witness
2012, 19 of 33].
The Kimberley Process should re-define conflict diamonds to
encompass
governments which commit rights abuses and rebel groups; should
apply to the
whole supply chain (both rough and polished diamonds) [Global
Witness 2012,
20 of 33].
The KP should adopt supply chain due diligence
frameworks requiring
companies to know: who their suppliers are, under what
conditions diamonds
are mined and processed, and who benefits financially
from their production
and sale [Global Witness, FaPG p.20 of
33].
Conclusion:
As long as the Ministry of Mines of Zimbabwe withholds
information on
diamond production and sales figures as well as the
whereabouts of the
proceeds, there will always be justifiable suspicion of
money laundering
given the conspicuous consumption of inexplicable purchases
of anonymous
yatchs, private jets, casinos, banks and real estate by people
who hardly
had a decent pair of shoes thirty-three years ago.
This is my
last opinion paper for a long time to come as I take a well
deserved
sabbatical leave. I would like to convey a million thanks to the
management
and staff of zimbabwesituation.com, swradioafrica.com, our
readers and
listeners at home and abroad for the honour and privilege to be
heard!!
©Clifford Chitupa Mashiri, Political Analyst, London, mashiric@lsbu.ac.uk
List of
references
1. International Centre for Asset Recovery, Development
Assistance Asset
Recovery and Money Laundering: Making the Connection, Basel
Institute on
Governance, Basel, Switzerland,2011
2. Mavhinga, D.
“Disappearing diamond revenue,” The Zimbabwean, 27/06/12.
3. Shehu, A. Y.
Money Laundering: The Challenge of Global Enforcement,
Paper Presented as a
seminar of the Criminology Society of Hong Kong, 9 Nov,
2000. Shehu was the
Deputy Director, Financial Crimes, Office of the Special
Adviser to the
President of Nigeria.
4. The Law Society of Singapore, “Money Laundering
& Its Impact on
Professionals,” 10/04/06.www.lawsociety.org.sg
5.
Shehu, A. Y. 2000.
6. Global Witness, Financing a parallel government?
Zimbabwe, June 2012,
p.2 of 33
7. Schott, P.A. (2006) Reference Guide
to Anti-Money Laundering and
Combating Financing of Terrorism, World Bank:
Washington.
8. SAPA, “Deport Mugabe’s daughter!” http://news.iafrica.com, 15/02/09.
9.
The Herald, “Lawyer seeks reinstatement,” 26/07/11.
10. Chatain, P-L., et
al. (2009) Preventing Money Laundering and
Terrorist Financing, World Bank,
Washington,DC.
11. Madinger, J. (2012) Money Laundering: A Guide for
Criminal
Investigators, Taylor and Francis Group: Boca Baton, Florida
p.305.
12. United Republic of Tanzania, Strategy For Anti-Money Laundering
and
Combating Terrorist Financing, July 2010-June 2013,
13. Government
of Zimbabwe, The National Anti-Money Laundering and
Combating Financing of
Terrorism Strategic Plan: 2010-2012, March 2010, p.9
14. Mushava, E.
“Zanu-pf bigwigs fingered in corruption,” Newsday,
19/09/12.
15. Peta
Thornycroft, “Robert Mugabe and wife Grace owe £220,000 to
Zimbabwe’s
failing power firm,” Telegraph, 19/03/12.
16. Muller, W.H., Kalin, C.H.,
& Goldsworth, J.G. (2007) Anti-Money
Laundering International Law and
Practice, John Wiley& Sons: Chichester.
17. Kirkup, J., Mason, R.
& Rayner,G. Conservatives criticised over tax
haven loans , The
Telegraph, 21/06/12.
18. Asian Development Bank, Manual on Countering
Money Laundering and the
Financing of Terrorism, January 2003, p.6 of
525.
19. United Nations and IMF, Model Legislation on Money Laundering and
the
Financing of Terrorism, 1 December 2005, p.1.; Kenya’s Centre for
Governance and Development, The CGD Bills Digest, July 2007.
20.
Andrew Mullei, Establishment of Anti Money Laundering Regime in the
Member
states of AACB-Eastern Africa Sub Region, Central Bank of Kenya, (no
date).
BILL WATCH 44/2012
[25th September 2012]
Both Houses stand adjourned until Tuesday 9th October
No Date Yet for Ceremonial Opening of Next Parliamentary Session
There is still no news about an opening date for the new session of Parliament. Leaving the opening so late means that Parliament will not have much time to deal with business – including the Budget, and perhaps the debate on the draft of the new constitution – before the end of the year.
Important Acts Still NOT Gazetted
The Zimbabwe Human Rights Commission Bill and the Electoral Amendment Bill have still not been gazetted as Acts. The HRC Bill was held up by the discovery of errors in the copy prepared for the President’s signature. Parliament submitted a corrected copy on 17th September. Parliament were unable to explain reason for the delay on the Electoral Amendment Bill.
Three Other Acts of 2012 Gazetted
Three Acts were gazetted in a Gazette Extraordinary late on Monday 17th September:
· Older Persons Act – No 1/2012 [not yet in force – date of commencement to be fixed by the President by statutory instrument in due course]
· Finance Act – No 4/2012 [into force 17th September 2012]
· Appropriation (2012) Amendment Act – No 5/2012 [into force 17th September 2012]
Bills Ready for Presentation when Parliament Reopens
The Status of Bills list [see below] shows that two Bills from the Minister of Finance will be ready for presentation when Parliament eventually gets down to work again once the President opens the new Session:
· Securities Amendment Bill [brief outline in Bill Watch 39/2012 of 20th August] [available from veritas@mango.zw]
· Microfinance Bill [brief outline in Bill Watch 41/2012 of 3rd September].
Both Bills were gazetted several weeks ago which means they can be given their First Readings as soon Parliament meets. After that they will be referred to the Parliamentary Legal Committee for a report on their constitutionality. Meanwhile they will also have to be examined by the Portfolio Committee on Budget, Finance and Investment Promotion as soon as it reassembles, which may hold public hearings on the Bills.
Veritas will notify dates where public input will be invited by the committee. But there is no reason why interested parties should not prepare and submit inputs to the Committee Clerk now. These inputs and suggested amendments will be considered by the committee when they prepare a report on the Bill to be presented to the House of Assembly when the Bill comes up for its Second Reading, and often these reports result in changes being made to Bills. Legal opinions on the constitutionality of either Bill may be submitted for the attention of the Parliamentary Legal Committee.
New Vacancy in the Senate
MDC-T Senator Josiah Rimbi died in Mutare on 24th September. As his was a constituency seat – Chipinge - this brings up the total number of Parliamentary by-elections waiting to be held from 26 to 27 [in the Senate from 10 to 11]. It also reduces the MDC-T’s current voting strength in the Senate from 23 to 22 [made up of 3 appointed Senators and 19 elected constituency Senators]. MDC has 8 Senators and ZANU-PF 38. There are 16 Senator Chiefs.
Note: The late Senator Mudzingwa’s appointed Senate seat has been vacant since April; the MDC-T has so far not nominated a replacement for formal appointment by the President in terms of GPA Article 20.1.10.
Inclusive Government Problems
President Fails to Swear in Deputy Minister
The MDC-T post of Deputy Minister of Transport, Communications and Infrastructural Development has been vacant since the death of Senator Tichaona Mudzingwa on 10th April 2012. Under Article 20.1.10 the GPA in Schedule 8 to the Constitution the vacancy should be filled by an MDC-T nominee, formally appointed and sworn in by the President. The Prime Minister forwarded MDC-T’s nomination of Senator Morgen Komichi, MDC-T National Vice-Chairperson, to the President in June, but the President has not yet sworn in Senator Komichi.
No National Security Council Meetings since May
The Zimbabwe National Security Council Act states that the President, in consultation with the Prime Minister, must call meetings of the National Security Council at least once in each calendar month. The Council has not met since May.
Media Commission Forms Media Council
On 13th September, the Zimbabwe Media Commission [ZMC] announced the appointment of the first members of the Media Council in terms of section 42A of the Access to Information and Protection of Privacy Act [AIPPA]. Hitherto totally unimplemented, this provision has been on the statute book since January 2008.
Under AIPPA, the main functions of the Council, which is essentially a 13-member ZMC committee, are:
· first, to assist the ZMC to formulate a code of conduct and ethics for journalists and mass media services
· then to assist the ZMC to implement and enforce that code, by recommending penalties to be imposed by the ZMC for breaches.
It will probably take some time before the Council becomes operational in its disciplinary support role – before that happens the code of conduct and ethics must be completed and gazetted, and regulations must be gazetted by ZMC for the procedures to be followed by the Council.
The Minister of Media, Information and Publicity did little to allay fears of a future crackdown on the independent media when he said last week that he would work with the ZMC to cancel the media licences of those who denigrate the President. Independent media organisations have not participated in the setting-up of the Council; instead they have stuck to their policy of voluntary self-regulation under the aegis of the Voluntary Media Council of Zimbabwe established in 2007.
South African Court Ruling Against Zimbabwe Government
South Africa’s Supreme Court of Appeal, sitting in Bloemfontein, on 20th September dismissed an appeal brought by the Zimbabwe Government in an effort to stop the sale in execution of immovable properties belonging to it in South Africa – the object of the sale being the enforcement of an order for payment of legal costs made by the SADC Tribunal in favour of dispossessed Zimbabwean farmers. The court rejected all legal arguments raised on behalf of the Government – including Minister Patrick Chinamasa’s contention that the SADC Tribunal was never lawfully established. [Full judgment available in PDF from veritas@mango.zw]
Status of Bills as at 25th September 2012
[Bills available from veritas@mango.zw unless otherwise stated]
Passed Bills awaiting Presidential assent and gazetting as Acts
Zimbabwe Human Rights Commission Bill [resubmitted for assent 17th September]
Electoral Amendment Bill [submitted for assent 4th September]
The Constitution requires the President to grant or withhold his assent within 21 days of a Bill being presented to him.
Bill gazetted and awaiting presentation in Parliament
Microfinance Bill [gazetted on 31st August] [not yet available]
Securities Amendment Bill [gazetted on 10th August 2012] The Minister of Finance has given written notice of his intention to present this Bill when the House next sits.
Bills being printed
None.
Government Gazettes of 7th to 21st September
[copies not available]
Acts
The first three Acts of 2012 were gazetted on Monday 17th September [see details at beginning of bulletin]
Bills
No Bills were gazetted
Statutory Instruments
Customs duty SIs 142 and 143/2012 provide for 3- and 5-year suspensions of duty for the benefit of a few listed mining companies.
Domestic violence SI 145/2012 replaces two forms used in domestic violence proceedings – Form DV3 [Application for Protection Order] and Form DV7 [Protection Order].
Pesticides SI 144/2012 enacts a new set of Pesticides Regulations under the Fertilisers, Farm Feeds and Remedies Act, replacing regulations of 1977 and amending regulations of 1981.
Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied