August saw the continuation of the chaos in Zimbabwe, with ever more breaches of the GPA being recorded, the majority of which fell into the following categories:
- wanton politically motivated violence, or violence driven by politicians or petty officials,
- harassment, and deprivation of freedom, of individuals through contrived arrests on spurious charges,
- widespread corruption involving senior public and uniformed figures,
- the deprivation of the right to Freedom of Expression, and the abuse thereof,
- violent, unconstitutional, invasions and seizures of property and farms, and
- deliberate attempts to derail the Constitution-making process.
The month of August has seen a notable increase in breaches in these two areas:
- open subversion of legal or administrative processes for political benefit, and
- deliberate non-cooperation with the other parties to the GPA agreement, or the deliberate undermining - or abuse of - other persons or parties for political ends.
Zanu PF’s favourite political tool - violence - stills plagues Zimbabwe’s populace to the extent that it is almost accepted as a norm by the majority. Our first listed breach in Issue 8 reveals that the government has turned deaf ears to the warnings by the Kimberly Process that the sales of Zimbabwean diamonds may be suspended internationally after the international body directed that Zimbabwe’s diamond fields should be demilitiarised. The troops are still there, and rights abuses and smuggling continue unabated.
On a more local level, a young man was murdered by seven Zanu PF thugs in Macheke after going to the home of a local Zanu PF chairman to ask for his outstanding wages. He was subjected to a brutal beating and torture before he died, and his body dumped on a road to make it look like an accident. One wonders how an ‘accident’ explains wounds made by redhot iron rods through the stomach. It is alleged that Minister Didymus Mutasa aided the release of the perpetrators, who only received a fine as their punishment.
Arrest and harassment of non-Zanu PF leaders continued through August, with the trial of MDC-T official Thamsanqa Mahlangu starting in earnest. He is facing allegations of stealing a cell phone from war veteran Joseph Chinotimba - allegations he denies. The trial was postponed to August 26th after the State said it needed more time. The High Court threw out an application by MDC official Roy Bennett to have his bail conditions relaxed so he can travel on business. Bennett’s application was thrown out on the grounds that he is facing a criminal charge. It is controversial charge; the State claims to have the evidence required to get a conviction, but keeps putting off the trial date and thereby postponing the need to produce their evidence.
Looking now at the ever-present corruption in Zimbabwe, villagers in the area under Chief Chundu in Hurungwe are being told that they face eviction from their homes after nearly three decades. This is to pave the way towards creating a game park for a safari operations partnership between a Chinese company and Chief Chundu. A local councillor confirmed the villagers’ fears but said council had no plans to evict the villagers, many of whom are too old to start a new life. Efforts to talk with or get further information out of the Chief were met with complete indifference: he said that he is Chief and can do as he wants in “his” area.
Issue 8 features one clear cut example of the abuse of freedom of expression, with Zimbabwe’s state-controlled media being ordered to attack Deputy Prime Minister Arthur Mutambara for his anti-Mugabe utterances at the weekend. These remarks resulted in Zanu PF boycotting a Ministerial Retreat in Nyanga. Mutambara had described last year’s Presidential run-off elections as “fraudulent, a nullity and a farce”. Media sources said they were ordered to run an anti-Mutambara story for the whole day, with the same story appearing on the front page of Monday’s Herald newspaper. On August 10th, the state controlled media was used to controversially promulgate Patrick Chinamasa and Zanu PF’s view that the SADC Tribunal does not exist, statements that arguably led to arson attacks on two farmers using the the Tribunal in their pursuit for justice.
Chegutu farmer Ben Freeth, after months of intimidation and attacks by land invaders, lost his home after his farmhouse, the homes of some of his workers and a factory for the farm produce, were burned down in an arson attack on Sunday, which started while he was at Church. It was impossible to fight the fire as land invaders had previously stolen all their equipment, including tractors and irrigation pipes, and the family was unable to put out the fire. They were left alone to battle the blaze, while land invaders drove around watching. His family and staff are virtually left with the clothes on their backs. Three days later, the home of Mike and Angela Campbell, a short distance from the Freeth’s, was also burned to the ground.
In this Issue we also highlight the Parliament’s Constitutional Select Committee co-chairman Paul Mangwana (Zanu-PF) indicating that the lifespan of Zimbabwe’s current inclusive government will likely be five years. He said this was because the majority of legislators across the political divide want to serve their full term of five years. This conflicts with the public perception that the duration of the hybrid government was two years, with the specific objective of writing a constitution for the country before fresh, free and fair elections are held. Mangwana is of the firm opinion that linking the constitution-making process to elections was attracting resistance from Zimbabwean legislators who want to stay in power as long as possible: “Power is so sweet that no one wants to leave it”, Mangwana said.
Turning to the subversion of legal or administrative processes for political benefit: it was reported that mysterious changes to the list of candidates for the Zimbabwe Media Commission have come about with the list undergoing changes on its way from the selection board to the President. Two Zanu-PF supporters who were not on the first list released, are now on the Media Commission list and the names of two independent candidates were dropped from the list. Speaker of Parliament, Lovemore Moyo’s response when queried? The list published was ‘not the official one.’
August also witnessed breaches of the GPA which consitituted deliberate non-cooperation for political ends. In fact, 32% of articles recorded during the month of August reflect this tactic, indicating a new trend of predominantly Zanu PF resistance to the power-sharing government. Our first sample article relates to the deadlock over the appointment of Zimbabwe’s central bank chief and attorney general. A Zanu PF official said the dispute was merely “an internal matter for Zimbabwe’s unity government to resolve”, and there was no need for regional help. He said the party considered the issue of Western sanctions a more urgent matter. The importance to the country of the need to reverse these two appointments is being deliberately underplayed to ward off pressure from Jacob Zuma and the SADC, purely for Zanu PF’s survival.
In another GPA-defying move, President Mugabe signed into Law a doctored version of Constitutional Amendment Number 19, which might jeopardize the constitutional referendum expected next year. The version approved by parliament has been whittled down from 36 pages to only 18. The important changes were the removal of two clauses linked to the current constitution-writing process. In the absence of these clauses being enacted into law, control of any future referendums remains legally vested in the President, to the detriment of the whole Constitution-making process.
Yet another instance of non-cooperation was the controversy surrounding the appointment of provincial governors from the two MDC formations. Although previously agreed to, Government sources said Zanu PF had since reneged on the deal, stating that the issue of governors was not negotiable, as their appointment is the constitutional prerogative of the President.
President Mugabe showed his lead in Zanu PF’s stancenon-cooperation. He was expected to attend a meeting of the three signatories to Zimbabwe’s national unity government to seek resolution of divisive outstanding issues - as urged by South African President Jacob Zuma during his two-day visit last week. However the meeting failed to take place on Monday because President Robert Mugabe had left the country for an African Union summit in Tripoli, Libya.
The volume of articles detailing breaches of the provisions of the Global Political Agreement (GPA) last month was so great that we cannot do them justice in this short document. For further relevant information, readers are encouraged to visit http://www.sokwanele.com/zigwatch
Abuses continue as military grip on diamond fields tightens
SW
Radio Africa (ZW): 10/08/2009
The government has ignored
directives made by the Kimberley Process to completely demilitarise the diamond
fields, in order to end ongoing human rights abuses there. Human Rights Watch
reports that the one army brigade was rotated out of the diamonds fields only to
be replaced by another. Calls to immediately suspend Zimbabwe are gathering
momentum. Human Rights Watch said that rights abuses and smuggling are
continuing, and witnesses to earlier abuses carried out in Chiadzwa, who gave
evidence to the Kimberley Process are being harassed and threatened.
- ARTICLE II: DECLARATION OF COMMITMENT
- ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
- ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
- ARTICLE XIII : STATE ORGANS AND INSTITUTIONS
- ARTICLE XVIII : SECURITY OF PERSONS AND PREVENTION OF VIOLENCE
Zanu thugs in gruesome murder
Zimbabwean, The (ZW):
12/08/2009
Arnold Mosterd was murdered by Zanu(PF) thugs in Macheke after going to the home of local Zanu(PF) chairman, Harry Munetsi to ask for his outstanding wages. He was accused of supporting MDC, and was attacked and killed by seven suspects (names provided) who assaulted him with logs, tied him up with ropes, cut his chin with a knife, and pierced his stomach with red hot iron bars before his body was carried and dumped on a road. Minister Didymus Mutasa reportedly ordered the release of the suspects after three days in Marondera remand prison.
- ARTICLE II: DECLARATION OF COMMITMENT
- ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
- ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
- ARTICLE XVIII : SECURITY OF PERSONS AND PREVENTION OF VIOLENCE
Mahlangu trial postponed and judge dismisses Bennett
application
SW Radio Africa (ZW): 13/08/2009
The trial of MDC-T official Thamsanqa Mahlangu, facing allegations of stealing a cell phone from war veteran Joseph Chinotimba, was postponed to August 26th after the State said it needed more time. Mahlangu faces charges of theft, together with his Personal Assistant Malven Chadamoyo, and two women who were allegedly found in possession of the phone line. Mahlangu denies the charges. Meanwhile, the High Court threw out an application by MDC official Roy Bennett to have his bail conditions relaxed so he can travel on business - because he is facing a criminal charge.
- ARTICLE II: DECLARATION OF COMMITMENT
- ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
- ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
- ARTICLE XIII : STATE ORGANS AND INSTITUTIONS
Villagers To Give Way To Game Park
RadioVOP:
13/08/2009
Villagers in the area under Chief Chundu in Hurungwe are being told they face eviction from their homes after nearly three decades – to create a game park for a safari operations partnership between a Chinese company and Chief Chundu. A local councillor confirmed the villagers’ fears but said council had no plans to evict the villagers. Many of the peasant farmers are too old to start a new life. Chief Chundu simply said that he is Chief and could do as he wanted in “his” area.
- ARTICLE V: LAND QUESTION
- ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
- ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
State Media Ordered To Run Anti-Mutambara Stories
RadioVOP:
25/08/2009
Zimbabwe’s state controlled media was on Monday ordered to attack Deputy Prime Minister Arthur Mutambara for his Anti- President Robert Mugabe utterances at the weekend which resulted in ZanuPF boycotting the second Ministerial Retreat held in Nyanga. Deputy Prime Minister Mutambara had described last year’s Presidential Run off elections as “fraudulent, a nullity and a farce”. ZBC sources were ordered by the “top” to run an anti-Mutambara story for the whole day, and the same story also appeared on the front page of Monday’s Herald newspaper.
- ARTICLE II: DECLARATION OF COMMITMENT
- ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
- ARTICLE XIX : FREEDOM OF EXPRESSION AND COMMUNICATION
Besieged farmer’s house burned down in apparent arson attack
SW
Radio Africa (ZW): 31/08/2009
Chegutu farmer Ben Freeth, after
months of intimidation and attack by land invaders, lost his home after his
farmhouse, the homes of some of his workers and a factory for the farm produce,
were burned down in an arson attack on Sunday, which started while he was at
Church. Because land invaders have stolen all their equipment, including
tractors and irrigation pipes, the family was unable to put out the fire. They
were left alone to battle the blaze, while land invaders drove around watching.
He rescued his family’s passports and his computer. Otherwise, his family and
staff are left with the clothes on their backs.
- ARTICLE III : RESTORATION OF ECONOMIC STABILITY AND GROWTH
- ARTICLE V: LAND QUESTION
- ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
- ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
- ARTICLE XIII : STATE ORGANS AND INSTITUTIONS
- ARTICLE XVIII : SECURITY OF PERSONS AND PREVENTION OF VIOLENCE
Independent candidates removed from media commission list
SW Radio
Africa (ZW): 19/08/2009
Two candidates to the Zimbabwe Media Commission (ZMC), have been removed from the final list in favour of Zanu-PF loyalists. It appears that the shortlist of 12 candidates has been sent to Robert Mugabe for final selection. Reportedly Chris Mutsvangwa, a Zanu-PF activist and former ambassador, was included, although not on the first list released. Lawton Hikwa, Dean at the National University of Science and Technology, has been included, although not on the original shortlist. However, publisher Roger Stringer and broadcast journalist Douglas Dhliwayo, have been removed. Speaker of Parliament, Lovemore Moyo, said the list published was ‘not the official one.’
- ARTICLE II: DECLARATION OF COMMITMENT
- ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
- ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
Idea of five-year GNU gathers momentum
Zimbabwe Times, The (ZW):
23/08/2009
Parliament’s Constitutional Select Committee co-chairman Paul Mangwana of Zanu-PF said the lifespan of Zimbabwe’s current inclusive government will likely be five years because the majority of legislators across the political divide want to serve their full term of five years. He said that linking the constitution-making process to elections was attracting resistance from legislators. Public expectation is that the duration of the hybrid government was two years, with the specific objective of writing a constitution for the country before fresh, free and fair elections are held.
- ARTICLE II: DECLARATION OF COMMITMENT
- ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
Gono, Tomana issue not serious: ZANU PF
Zim Online (ZW):
12/08/2009
ZanuPF on Tuesday said it saw no need for outside help to break a deadlock with the MDC over appointment of Zimbabwe’s central bank chief and attorney general. In remarks clearly designed to show South African President and regional chairman Jacob Zuma that any attempts to push for ZanuPF and MDC to share the two key posts will be resisted, a ZanuPF official said the dispute was an internal matter for Zimbabwe’s unity government to resolve. He said the party considered the issue of Western sanctions a more urgent matter.
- ARTICLE II: DECLARATION OF COMMITMENT
- ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
Mugabe signs fake document into law
ZimEye:
22/08/2009
President Robert Mugabe signed a doctored version of Constitutional Amendment Number 19, which might jeopardize the constitutional referendum expected next year. According to the Zimbabwe Lawyers for Human Rights, the version approved by parliament was whittled down from 36 pages to only 18. ZLHR said the important changes were the removal of two clauses linked to the current constitution-writing process. In the absence of these clauses being enacted into law, control of any future referendums remains legally vested with the President.
- ARTICLE II: DECLARATION OF COMMITMENT
- ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
- ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
Stalemate Beckons as Zanu PF Reneges on Governors
Zimbabwe
Independent, The (ZW): 27/08/2009
Controversy surrounds the appointment of provincial governors from the two MDC formations. Mugabe, Prime Minister Morgan Tsvangirai and his deputy Arthur Mutambara agreed that the governors would be appointed on the basis of the March 2008 House of Assembly election results. Incumbents were expected to leave office next Monday. However, Government sources said Zanu PF had since reneged on the deal saying the issue of governors was not negotiable, as their appointment is the constitutional prerogative of the President.
- ARTICLE II: DECLARATION OF COMMITMENT
- ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
Top-Level Zimbabwe Talks Put Off As President Mugabe Heads to African
Summit
VOANews (USA): 31/08/2009
A meeting of the senior figures in Zimbabwe’s national unity government to seek resolution of divisive outstanding issues, urged by South African President Jacob Zuma during his two-day visit last week, failed to take place on Monday because President Robert Mugabe had left the country for an African Union summit in Tripoli, Libya. Mr. Zuma, told President Mugabe, Prime Minister Morgan Tsvangirai and Deputy Prime Minister Arthur Mutambara that they could resolve the issues troubling their government if they put their minds to it.
- ARTICLE II: DECLARATION OF COMMITMENT
- ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY