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What actually happened?

From: Trudy Stevenson
Sent: Tuesday, January 10, 2006 2:50 AM

I have been astonished by the lack of information "out there" about what happened at the fateful MDC National Council meeting on 12 October and during the attempts at mediation which culminated in us being where we are today, therefore I chronicle the facts below as either new information or as a reminder.
 
12 October National Council meeting
 
First all 12 Provinces reported back on their consultations with the structures.  6 Provinces were in favour of participation in the Senate elections, 4 Provinces were against and 2 Provinces reported that they could not complete proper consultations due to interference.  Mashonaland East in particular reported intimidation and attempts to sway the vote, and produced a letter being distributed to structures allegedly with Theresa Makone's name.  Council ruled that those two Provinces' vote be "inconclusive".
Then National Youth Chair, Chamisa, reported the youth were unanimously against, and National Women Chair, Matibenga, reported the women were also unanimously against.
 
Debate was then opened to the floor, and there were many contributions both for and against.  Among other contributions, Women's Secretary, Muchayi, corrected the Women's report, explaining that National Executive and Provincial Women Chairpersons had met and stated that they personally were against, but that they had not been able to consult the structures.  Eventually Roy Bennett upbraided Management Committee for bringing the party to that point where tempers were so high and so much time had been wasted, and proposed that they go out of the room, discuss and come to an agreement among themselves and then tell us what they wanted us to do, and we would do it!  This was a very popular proposal, so they recessed for about an hour. 
 
On their return, National Chairman Matongo (who chaired the Council meeting) announced that they had decided that we would vote, by secret ballot.  There was some surprise, and Tendai Biti warned that it was not wise, however he was overruled.  Morgan Tsvangirai stood up before we voted, reminded us that we were a democratic party, that there were strong arguments both for and against, and implored us all to respect the result, whatever it was, and to go forward together to implement that result.
 
We then voted and Matongo counted the ballots in full view of everyone.  There were two spoilt papers - one had a big star in the "yes" box, the other had a very small cross in one corner of the "yes" box, so in fact they were both "yes" votes but we ruled them spoilt.  At the front we had been watching the "yes" and "no" piles carefully, and I realised the "yes" pile had won with 33, however the Chairman then seemed to get confused and announced, pointing to the wrong pile, "Yes - 31, No -33, Spoilt Papers - 2.  The Noes have won."  There was ululation from some members, and Tendai was so excited his chair collapsed. Paul Themba Nyathi, sitting at the corner of the table, said: "Mr Chairman, don't joke, this is too serious."   Then Matongo said: "Yes, I was only joking, in fact the result is No- 31, Yes- 33, Spoilt papers 2".
 
Tsvangirai then stood up and said, "Well, you have voted, and you have voted to participate, which as you know is against my own wish.  In the circumstances, I can no longer continue."  There was then a long silence, and we glanced at each other, wondering, "What does he mean?  Will he resign, or what?"  Then he resumed: " No, I cannot let you participate in this senate election when I believe that it is against the best interests of the party. I am the President of this party. I am therefore going to go out of this room and announce to the world that MDC will not participate in this election.  If the party breaks, so be it.  I will answer at Congress."  He then stormed out of the room,  followed by a few cheering acolytes - Chamisa, Mashakada, Mhashu, etc.
 
The majority of us, including all the other 5 Management members, remained in our seats, numb with shock.  Tendai Biti was first to speak, saying: "No, no, no, this is against the principles of the party, we cannot let the party break like this.  We owe it to all our members."  I myself added: "No, everyone must remain in this room until we find a solution to keep the party together."  David Coltart then came in with his proposal, that all the remaining 5 Management members must go after the president immediately and counsel him to accept the result of the Council vote, and then report back to us as Council.  This was adopted, and we dispersed around 4.00 pm, having started at 10 am.
 
The five Management pursued Tsvangirai, he was not in his office but they caught up with him at his home, where he had already finished addressing a press conference.  He said he did not want to speak to them, he was going to his rural home, and he drove off.  They tried to telephone him all evening and the next day, but he would not answer.  Meanwhile they learned that at the press conference, with both international and local media, he had lied that the vote was 50-50 and he had used his casting vote (which he did not have, according to the constitution) with the result that MDC would not be participating in the Senate election.  This misinformation was soon out in the international press, Mail and Guardian getting it out around 6pm that day.  Management therefore met again that evening to release an official announcement giving the real results and declaring that the MDC had therefore resolved to participate.
 
Mediation attempts
 
There were several attempts at mediation between the two groups, mostly spurned by Tsvangirai, who simply refused to speak to Sibanda or the others.  Thabo Mbeki invited the two sides down to Pretoria the following week, and while Sibanda and co obliged, Tsvangirai snubbed him, announcing over the phone that it was nothing serious, just a storm in a teacup.
 
The most successful was Prof Brian Raftopoulos, who managed to get the two sides together and persuaded them to agree to desist from attacking each other in public while preparing for a second meeting at which some agreement might be reached.  He then shuttled between the groups to come up with a 4-point agreement, which, if accepted by both sides, would unblock the impasse. 
 
1. The Sibanda group would withdraw from the Senate election.
2. Tsvangirai would re-convene National Council, apologise for overturning its resolution and accept whatever sanction if any was meted out.
3. Tsvangirai would renounce violence and remove those members and employees who had been reinstated unconstitutionally after being expelled/ dismissed for violence by National Council.
4. Tsvangirai would disband his kitchen cabinet, who were both involved in violence and who habitually overturned resolutions made by elected party structures.
 
The Sibanda group agreed to withdraw from the Senate election, provided Tsvangirai kept his side of the bargain.  Sadly, he refused on every point.
 
Tsvangirai's Expulsion
In view of Tsvangirai's intransigence over these constitutional issues, he was tried by the party's National Dsciplinary Committee and expelled, his expulsion being endorsed by National Council on 6 January 2006.  In line with the constitution, Vice President Gibson Sibanda is now Acting President.
.................
Footnote
Many people say: but surely you can resolve this and come back together, for the sake of the party and the people who put so much hope and faith in MDC?
My response is: How can we come back together with someone who deliberately goes against the fundamental principles of the party and contravenes its constitution?  Would you ask a battered wife to go back to her husband for the sake of the children?  Do we have to wait until she is killed?  Did we form MDC to create another Mugabe? 


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'New leader' for Zimbabwe's MDC

Gibson Sibanda
Gibson Sibanda has been Morgan Tsvangirai's deputy for many years
The man who has declared himself the new leader of Zimbabwe's divided main opposition party says he is confident that the party will bounce back.

Gibson Sibanda admits last year's split in the Movement for Democratic Change weakened the party.

But he told the BBC that all MDC supporters will back him after they know the facts. He says he has the support of 25 of the party's 41 MPs.

Correspondents say President Robert Mugabe has benefited from the split.

Founding MDC leader Morgan Tsvangirai - who insists that he remains party leader - says the split was the work of government agents.

'Nothing special'

Mr Sibanda accused Mr Tsvangirai of repeatedly going against party decisions.

The National Council voted to take part in last year's senate elections despite Mr Tsvangirai's arguments that it would be a waste of time because the polls would be rigged.

Morgan Tsvangirai
Tsvangirai says the split was engineered by government agents
He then went ahead and announced a boycott , which was ignored by some MDC members, especially in the western Matabeleland region, home to Mr Sibanda.

Mr Sibanda was Mr Tsvangirai's deputy at the MDC for five years and also for several years before that at the Zimbabwe Congress of Trade Unions, which set up an opposition party to counter what is said was Mr Mugabe's disastrous economic policies.

But Mr Sibanda told the BBC's Network Africa that for him, Mr Tsvangirai was "just a Zimbabwean like any other person to me - nothing special."

Mr Sibanda has been briefing Harare-based diplomats about the changes.

The MDC is set to hold a congress in February, which should hold leadership elections.


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Zimbabwe’s electricity supply under threat


Monday, 9 January 2006, 10 hours, 47 minutes and 43 seconds ago.
By James Mapapu

ZIMBABWE’s electricity supplies have come under threat following revelations by the country’s largest power generating plant, Hwange Power Station (HPS) that it has run out of Aluminium Sulphate – a critical input used in the purification of water used in boilers for the generation of electricity.

HPS is a strategic business unit owned by Zimbabwe Power Company (ZPC), a subsidiary of the country’s power utility, Zesa Holdings. The matter came to light in written communication from HPS to Bulawayo City Council dated 15 December 2005, pleading with city fathers to allow HPS to borrow 200 bags of Aluminum Sulphate to allow electricity generating operations to continue. Part of the letter reads: “Our power station has run out of stocks of Aluminium Sulphate. We are still waiting to receive stocks from our supplier who was promised to deliver in the next two weeks hence the request to be loaned 200 bags so that we can continue generating electricity.” However, the request was turned down by council authorities who cited that they could not afford to loan HPS the bags of Aluminium Sulphate owing to the facts that Bulawayo council was using the bags for its own water purification purposes – particularly in a hostile economic environment that has seen supply of the chemical nosedive. City Director of Engineering Services, Peter Sibanda said council could not loan HPS the bags as it had been left with less than half a year’s supply of the scarce product, which is now being sourced on the black market due to supply constraints. Sibanda said because supply of the product was being rationed country wide, Bulawayo City Council feared that HPS would fail to replace the product given meager supplies the council is left with and the situation in which suppliers are failing to meet demand. “They (HPS) may fail to deliver on the date they had promised us. We understand their plight, but at the same time we also have to think of the peoples’ lives in terms of water purification,” said Sibanda. While ZPC spokesperson, James Maridadi could not be reached for comment, one senior official with ZPC who refused to be identified said the shortage of the component was likely to result in an upset to the company’s power-generating capacities. “What we are talking off is the situation in the long run. If those bags are not sourced consistently, then ZPC will have to import more power from ESKOM, Snel and Hidroelectrica de Cahora Bassa (HCB) at a time when SADC nations are facing a possible power crunch and no country wants to export power,” said the official. ESKOM is based in South Africa, Snel in the Democratic Republic of Congo and HCB in Mozambique. Zimbabwe currently imports 35-percent of electricity requirements from these three power utilities to meet the country’s peak demand of electricity which stands at 1825 MegaWatts (MW). The crisis comes at a time when Zesa Holdings, through ZPC, had concluded agreements with the China's National Aero-Technology Import and Export Corporation (CATIC) and Farab Company based in Iran to increase the power utility’s electricity generating capacity. CATIC would have started construction of HPS’ Units 7 and 8 – additional units to increase output – in a US$600 million investment that will involve coal production. The deal would have seen HPS increase its output by 600 MW.

A.N.D Africa


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Zimbabwe: Mugabe wants to force banks to fund resettled black farmers

reliefweb

HARARE - Zimbabwe's Agriculture Minister Joseph Made says the Harare government is considering enacting new legislation to force the country's banks to finance black villagers resettled on land seized from whites.

Speaking to ZimOnline at the weekend, Made accused commercial banks of ganging up to sabotage President Robert Mugabe's controversial land reforms by refusing to advance loans to blacks allocated land by the government.

Made said: "We have been talking to the banks for a long time. But this diplomacy seems to have failed to work. We have come to a point where as Cabinet we say, what else do we do to ensure that our farmers are funded?

"Because they (banks) have failed to listen, our next move will be to force them to fund black farmers, by legislation or otherwise. This is a matter still under discussion and ways are being mapped out."

Zimbabwe's banks, both local and foreign-owned, have largely withheld funding from black peasants resettled on former white farms by the government chiefly because, unlike their white predecessors, the blacks do not hold title to the land and therefore cannot use it as security to cover loans.

A controversial constitutional amendment passed by the government last August virtually nationalising all farmland by barring owners from contesting in court the seizure of their land by the state has made banks even more unwilling to finance agriculture.

The lack of farming skills among most of the new black farmers has also discouraged banks that fear the farmers may not be able to earn enough income from their farming activities to be able to pay back loans.

But Made said all that was set to change under the new measures the government was considering as it battles to revive the mainstay agricultural sector, which has declined by more than 30 percent since farm seizures began five years ago.

The government may have to force banks to reserve a certain amount of money for the black farmers or have their operating licences withdrawn, Made said.

He said: "Lawyers are forced to handle certain cases for free a year. Banks can also be forced to adopt a quota system. We will tell them that if they are to remain operating in Zimbabwe then they have to reserve a certain amount specifically to finance black farmers."

Made, considered among the radicals in Mugabe's government, did not say when exactly the government was likely to put in place the new funding requirements for agriculture that are certain to send tremors through the banking sector.

The 2005/06 farming season is already underway and there have been no directives on banks to finance black farmers most of whom are expected to record poor yields again this season because of lack of finance and farm inputs such as fertilizer and seeds.

But a senior executive with one of the country's biggest commercial banks described Made's statements as uninformed, saying forcing banks to give out loans without checking the creditworthiness of recipients would have a serious destabilising impact on the banking sector.

The banker, who did not want to be named, said: "Banks do not segregate on the basis of colour or political party affiliation. In fact, black people head most of the banks.

"The problem is most of the new farmers are not creditworthy and any serious bank would not throw money down the hole. It will be a first for a government to tell banks whom to give money without following business principles."

To prove his point, the banker cited the state-owned Agribank which almost collapsed after it was forced by the government to advance loans to black farmers without any rigorous checking on their ability to pay back. Many of the black farmers failed to repay the loans. - ZimOnline


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Zim to remove 700 families from planned wildlife park



Harare, Zimbabwe



09 January 2006 02:10

Zimbabwean authoritites will relocate 700 families from villages in the
southern districts of Chiredzi to make way for a transfrontier game reserve,
an official said on Monday.

"The 700 families will be relocated if all goes well at the end of this
month," said national parks spokesperson Edward Mbewe.

He said the villages fell under the proposed Gaza-Kruger-Gonarezhou
Transfrontier Park on Zimbabwe's borders with Mozambique and South Africa.

"We had hoped to relocate them last month but we could not because of other
logistical constraints," Mbewe said.

"The families ... are residing in a corridor where we would want the animals
to freely move."

Mbewe said the parks authorities planned to declare the area a protected
zone reserved for endangered rhinoceros species.

The transfrontier park launched four years ago will merge Kruger National
Park in South Africa, Gaza in Mozambique and Gonarezhou in Zimbabwe to allow
free movement of animals and tourists.

Mbewe did not give the specific date when the families would be moved to an
area next to the reserve.

He said the government would help uprooted families form co-operatives to
buy shares in the proposed game reserve. - AFP


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Malta tops 'happy country' list

BBC



Malta is the happiest place on earth, while Zimbabwe and Ukraine seem to be
the most unhappy.
That's according to the annual World Database of Happiness compiled by a
Dutch boffin.
Money is not the main reason for happiness, with the United Kingdom ranking
21st behind poorer countries such as Ghana, Guatemala and Uruguay.
Zimbabwe, Moldova and Ukraine rank lowest, with no more than 20 per cent of
their citizens happy.
Happy homes
Professor Ruut Veenhoven, of Erasmus University in Rotterdam, also found
Denmark, Switzerland, Colombia, Iceland, Ireland and the Netherlands were in
the top 10 happiest places to live.


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SA, Zim open border office

SABC
JOHANNESBURG

Mon, 09 Jan 2006

South Africa and Zimbabwe opened an office on Monday to help curb illegal immigration and the abuse of labour laws.

The office, at the Beit Bridge border post, was the first of its kind in Africa and would help assist Zimbabweans seeking employment in South Africa with legal papers, the Labour Department said.

It would also be the major recipient of about 2000 Zimbabwean deportees repatriated on a weekly basis from South Africa.

"Deportees and other people in need of legal documents will be served food and other basic amenities while their papers are sorted," the department said in a statement.

"The office includes among others, an HIV/Aids counselling centre and will be the centre point for World Food Programme support."

The office was opened by South African Labour Minister Membathisi Mdladlana and his Zimbabwean counterpart Nicholas Goche.

The ministers agreed the office would help minimise illegal immigration and the abuse of Zimbabweans by unscrupulous employers seeking to make a profit through the South African labour laws.

They said the move would also decrease levels of crime in the border area.

"My government will do everything to make the good intentions of the office work," Goche said.

Mdladlana said the initiative would be "a good forum to fight xenophobia".

Sapa


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Shutdown fears as Mugabe begins trade union probe

Cape Argus (SA), 9 January

By Basildon Peta

The Zimbabwe government has begun unprecedented investigations into the Zimbabwe Congress of Trade Unions (ZCTU) that may lead to the deregistration of the powerful labour movement. ZCTU president Lovemore Matombo confirmed yesterday that the government had invoked a law that empowered it to probe the affairs of trade unions. But Matombo expressed fears that the real motive behind the probe into allegations of financial impropriety was to find a pretext to get rid of the labour movement after the government failed to impose puppet leaders on the ZCTU last year. There has never been any love lost between President Robert Mugabe's government and the ZCTU, Zimbabwe's largest civic body, which has successfully fought several battles, including industrial mass action, against human rights abuses. After it repeatedly failed last year to foment an internal ZCTU revolt to topple the Matombo-led leadership and replace it with its supporters, the Zimbabwean government has now deployed Tendai Chatsauka to investigate the financial affairs of the labour body.
Matombo and other ZCTU insiders fear that Chatsauka, a government official, already has a pre-arranged mandate to condemn the ZCTU and facilitate its deregistration. ZCTU insiders said the investigator could come up with damaging findings giving the government a convenient excuse to arrest Matombo and secretary general Wellington Chibebe. They could then be replaced by government supporters. Matombo and Chibebe spent much of last year fending off largely unsubstantiated allegations that they had misappropriated funds. The allegations were raised by a few ZCTU affiliates, believed to be under the sponsorship of Zimbabwe's Central Intelligence Organisation. "We are surprised as to why they are recycling the same unfounded allegations that money was misappropriated at the ZCTU," Matombo said. "But maybe we shouldn't be surprised because we know their motive."
Incensed by his militant stance, the government has already fired Matombo from his job with a state postal services parastatal, but he is challenging his dismissal in the courts. The government tried to block Matombo and Chibebe from attending the International Labour Organisation summit in Geneva last year but failed. Matombo said that after "Zanu-PF supporters within the ZCTU" failed to substantiate their allegations of financial impropriety, the ZCTU's general council had opted to dismiss them since it had become clear they were being financed by the Mugabe government to destabilise the labour movement. He said he would nonetheless co-operate with the government investigator as he had done nothing wrong. The probe comes after Zanu PF adopted a resolution last month to deal decisively with civic groups and NGOs it perceived to be undermining Mugabe's leadership.


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SA deported 200 000 illegal immigrants last year

Cape Times (SA), 9 January

By Bonny Verwey

Durban - Almost 200 000 illegal immigrants were deported from South Africa last year as a result of the regular methods used by the Department of Home Affairs to identify foreigners who are in the country without the proper documentation. Home affairs spokesman Nkosana Sibuyi said illegal immigrants were rooted out using a variety of methods, including identification by immigration officials, arrest by police officers and the continued combined efforts of home affairs and the departments of justice and safety and security. "If you are in South Africa with no documentation you are considered or declared an illegal immigrant," Sibuyi said. "If people are illegally in South Africa as a result of socio-political conditions in their own country, they can apply for asylum," he said. A state-controlled Zimbabwean newspaper, the Herald, reported last week that more than 3 000 Zimbabweans had been deported from South Africa last month for flouting immigration regulations and were transported back to Zimbabwe by road and air during the Christmas week. A total of 97 433 illegal Zimbabwean immigrants were deported last year.
Sibuyi said illegal immigrants were not targeted by country or continent and said that those deported last year were from many different countries throughout the world. He said a total of 77 868 illegal immigrants from Mozambique were deported last year, 9 225 from Lesotho, 4 296 from Malawi and 193 from Nigeria. Smaller numbers from Australia, China, India, Pakistan and Peru were also deported in 2005. Sibuyi said that though it was not possible to identify all the reasons foreigners were coming to South Africa and staying illegally, some did so because they wanted to enjoy the fruits of a new democratic South Africa and the opportunities it had opened up. "But just as I cannot wake up one morning and decide that I want to go to China that day without having organised the correct documentation and passports, so too people cannot come to South Africa without the right documentation," he said.


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Zimbabwe judges compromised by Mugabe's largesse, say lawyers

Zimonline

Tue 10 January 2006


HARARE - Too many of Zimbabwe's judges and magistrates have benefited from the government's political largesse that the bench could not be deemed independent, local human rights lawyers and activists said yesterday.   

The lawyers and activists were reacting to a statement by Judge President Paddington Garwe, when he opened Zimbabwe's legal year yesterday that the bench was independent and not subservient to President Robert Mugabe and his ruling ZANU PF party. 

Zimbabwe Lawyers for Human Rights (ZLHR) executive director Arnold Tsunga, said the general consensus among the legal fraternity in the country was that the judiciary was compromised both at the personal level of individual judges and at the institutional level. 

"Let's look at conditions of employment of the judiciary. The judges and magistrates are mired in poverty, the Judge President mentioned it. The conditions of service are not attractive to the extent that it will be difficult for them to have personal independence when they are economically compromised," said Tsunga. 

Tsunga - whose ZHLR has taken Mugabe's government to the African Commission on Human and People's Rights (ACHPR) accusing it of violating human rights, undermining the judiciary and the rule of law - said judges had compromised themselves by accepting land controversially seized from whites.   

Some of Zimbabwe's judges such as Justices Ben Hlatshwayo and Chinembiri Bhunu allegedly personally invaded farms while several other judicial officers were also allocated land by Mugabe's government.  

Tsunga said: "A number (of judicial officers) have accepted farms which are contested. These farms have not come as written perks (in their contracts of employment) but as discretion perks by politicians.  

"When judges and magistrates are being given and accept discretion perks because of poverty, surely their personal independence is compromised as well. Institutionally, they are also compromised because the operating environment is providing them with serious challenges. Judges are given political cases to handle by politicians bent on settling personal scores."  

Top human rights lawyer and the faction-riddled opposition Movement for Democratic Change party's spokesman on legal affairs David Coltart said the bench's failure to deal expeditiously with political cases had also cast doubt on its independence and professionalism.   

Coltart said: "The problem with this judiciary is that it is not seen as independent because of what happened in the last  five years in terms of failure to deal with certain political cases expeditiously."  

He was referring to the courts' failure to finalise several petitions by MDC candidates against victory by ZANU PF candidates during elections in the past five years including the petition by the opposition party's leader Morgan Tsvangirai against Mugabe's re-election in 2002.  

Although election petitions are dealt with as urgent, the High Court has over the last three years failed to conclude Tsvangirai's petition forcing the MDC leader to appeal last year to the Supreme Court, the country's highest court of law.     

Officially opening the 2006 legal year, Garwe defended Zimbabwe's judiciary as independent and professional and challenged critics of the bench to come out in the open and point out their specific grievances to judicial authorities.   

Zimbabwe's bench - reconstituted over the last five years after Mugabe purged independent judges - has been criticised by both local and international rights groups for failure to defend the rights of ordinary citizens and opposition activists in the face of increasing repression by the government. - ZimOnline 


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Abandoned children bear brunt of Zimbabwe crisis
Tue 10 January 2006

HARARE – Fourteen-year old Sarah Chitambo is an orphan with a maturity well beyond her years.  

With her two-year old brother Simba strapped on her back, she spends the day dodging traffic at a busy intersection in Harare, a begging bowl in hand.  

While the majority of motorists probably consider her a nuisance, Chitambo is undeterred, as she is fully cognisant of the issues that are at stake here – survival in a cold and uncaring city. 

Chitambo is among thousands of young children, the majority of them orphans, who have been forced to beg on the streets in a desperate bid for survival.  

Social workers blame the AIDS pandemic, which is mowing down at least 2 000 Zimbabweans every week, for the increasing numbers of abandoned children on Zimbabwe’s streets. 

To make matters worse, traditional social safety nets as represented by the extended family have virtually collapsed as the country battles its worst economic recession which has seen inflation shooting beyond 500 percent. 

“I have realised that we tend to make more money on the streets when I am accompanied by my brother. People seem to be more sympathetic when they see this young child. 

“So I am forced to bring Simba here every day in order to make more money. This is how we have survived over the past two years,” said Chitambo. 

Moosa Kasimonje, the founder and executive director of Just Children Foundation, a welfare organisation that looks after orphans and abandoned children in Harare, said poverty has forced families to move away from the custom of taking in orphaned children. 

Even well-wishers, who are also struggling to make ends meet, have also found it difficult to assist. 

“More and more children are finding themselves on the streets because the surviving relatives cannot manage to take them in. Poverty has caused untold suffering to our people and children are bearing the brunt,” he said.  

Kasimonje said although there were still some individuals who still chip in with donations in cash and kind, the value of the donations has been severely eroded by inflation which currently stands at more than 502.4 percent, one of the highest in the world. 

“Our local currency has lost so much value such that a donation of $100 000 which used to buy a dozen loaves two years ago, can now buy only two loaves. We are struggling but God has been faithful - the children have not gone to bed without a meal,” said Kasimonje. 

Zimbabwe is going through a severe economic crisis which has seen almost all basic commodities like sugar, maize-meal, washing soap and cooking oil all in critical short supply. Fuel and basic medicines are also in critical short supply because there is nor hard cash to import the commodities.  

The main opposition Movement for Democratic Change party as well as Western governments accuse President Robert Mugabe of ruining Zimbabwe’s economy, one of the strongest in sub-Saharan Africa at independence from Britain 25 years ago.  

But Mugabe denies the charge blaming the crisis on sabotage by Britain and her allies whom he says are punishing him for seizing land from the minority whites for redistribution to landless blacks six years ago.  

Non-governmental organisations that deal with children's welfare accuse Mugabe's government of neglecting the welfare of children preferring to allocate more money to defence and security.  

“We are not getting support from the government under the social welfare programme. At times they pay fees for the children but most of the times the money does not come and we have decided to just live without their support,”  Kasimonje said. - ZimOnline 


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Ruling on convicted Zimbabwe spies' case postponed


Tue 10 January 2006


HARARE - Zimbabwe High Court Judge Bharat Patel yesterday postponed to next Monday ruling on a bail application by two top officials of President Robert Mugabe's ruling ZANU PF party and a banker jailed for espionage.  

The three, diplomat Godfrey Dzvairo, banker Tendai Matambanadzo and ZANU PF party external affairs director Itai  Marchi were sentenced to a total 16 years in prison for allegedly violating the Official Secrets Act.  

The three men have appealed against both conviction and sentence. Their appeal is expected to be heard at the end of the month but they have in the meanwhile applied to the court to be released on bail pending the outcome of the  appeal.   

Selby Hwacha, representing the three said Patel had postponed the bail application ruling to Monday because there  was confusion as to his availability for yesterday (Monday)'s court appearance. Hwacha had been in South Africa until  late Sunday night and court officials had assumed he would not be available and rescheduled Patel's ruling on the  matter. 

Said Hwacha: "They assumed I would not be available for today's court session as I was in South Africa last week. They then postponed the matter to Monday next week. The three were not brought to court today. The judge said judgment is ready but he would like to hand it down in open court so the next day he will be in open court is Monday." 

Dzvairo, Matambanadzo and Marchi were arrested following the arrest of former ZANU PF Mashonaland West provincial chairman Phillip Chiyangwa on similar allegations in 2004.  

Also arrested on similar allegations was ruling party deputy security director Kenny Karidza. Charges against Chiyangwa  were later withdrawn by the High Court, while Dzvairo, Marchi and Matambanadzo were convicted and jailed for varying terms of up to six years each. 

Karidza is still on trial at the magistrate courts in Harare and is on $1 million bail. 

In their High Court appeal, Dzvairo, Matambanadzo and Marchi decried the manner in which they were convicted by the lower court and its refusal to alter their plea to not guilty, among others.  

The guilty plea, they claimed, was made under duress when they did not have legal representation, were hooded, denied food and kept in solitary confinement. -  ZimOnline 


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Zimbabwe judge president defends judiciary


Mon 9 January 2006
 

HARARE - Zimbabwe Judge President Paddington Garwe has defended the performance of the country's judiciary, rejecting charges that it lacks independence and is subservient to President Robert Mugabe and his ruling ZANU PF party.

Officially opening the 2006 legal year in Harare on Monday, Garwe challenged critics of the bench to come out in the open and point out their specific grievances to judicial authorities.

"If there is a problem with the way the judges do certain things for example, this should be highlighted," said Garwe, who was promoted to his position after the government purged independent judges from the bench and is widely perceived as a staunch ally of Mugabe.

"As a judiciary, we have acknowledged the fact that we are not above criticism and that there is always room for improvement. Accordingly, I wish to assure the nation at large that the judiciary will continue to work hard to ensure that all persons approaching the courts will get justice, irrespective of their status in society," said Garwe.


PRESIDENT Mugabe . . . accused of purging judiciary


Garwe also said Zimbabwe was facing numerous challenges, among them sanctions slapped on the country by the West and the prevailing harsh economic environment.

He said courts will always take into cognisance "any extraneous considerations in dealing with the various cases coming before them," but said judicial officers would however remain guided by their sense of professionalism and their oath of office.

"Despite some negative sentiments expressed in some quarters about the independence of the judiciary in this country, I wish to place it on record that although we face a number of constraints, we in the judiciary will strive to do the best we can to ensure that justice is served. We will continue to do so without fear or favour," Garwe said.

The Judge President lamented poor remuneration and working conditions of judges, magistrates and other judiciary officials, most of whom he said operated without computers, decent houses and official government cars.

"In the High Court for example, the judges are without computers and spend long hours researching legal points. In countries like South Africa such information would be available on the touch of the button and judges have qualified assistants to help them research," said Garwe.

The judge president said in the magistrates courts a number of regional magistrates and chief law officers were using public transport after presiding over or prosecuting serious cases such as fraud, car jacking and rape.

"Some judges are without adequate accommodation as it is not possible for them either to purchase or rent reasonable properties on current salaries. All these aspects unfortunately have an impact on the quality of performance and output and ultimately the administration of justice itself," he said.

Zimbabwe's bench has been criticised by both local and international rights groups, including the African Commission on Human and People's Rights, for its failure to defend the rights of ordinary citizens and opposition activists in the face of increasingly repressive rule by Mugabe's government. - ZimOnline


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MDC supporters head for UK split

New Zimbabwe.com



MDC supporters head for UK split
By Staff Reporter
Last updated: 01/09/2006 09:16:34
SUPPORTERS of Zimbabwe's main opposition Movement for Democratic Change (MDC) party in the United Kingdom are set for a dramatic split.
The factionalism that has ripped through the heart of the MDC in Zimbabwe -- causing a split between party leader Morgan Tsvangirai and some of his senior officials -- has resurfaced with vengeance in the UK after an indaba was called at the weekend, without the sanction of other MDC UK District officials.
The MDC's UK chairman, Washington Ali, a protege of MDC national chairman Isaac Matongo, called a district meeting for Birmingham Sunday. The meeting went ahead but was boycotted by other officials -- among them the District's organising secretary, Sipho Nkala.
It was not immediately clear if any resolutions were passed at the meeting, although it was predicted that the meeting would discuss the split within the MDC in Zimbabwe and pledge support for Tsvangirai.
In apparent reference to Tsvangirai's internal opponents, Ali told SW Radio Africa last week: "There is only one MDC in Zimbabwe ....these other people claiming to be MDC are a group of individuals trying to destroy the party. I want to be honest with you because I call a spade a spade…these people, I will not use the word faction because we don’t recognise any factions in the party, are just a destructive group of people out to destroy the MDC."
MDC leaders in Zimbabwe have split irreconcilably, with Tsvangirai leading one faction while some of his most senior colleagues, including his deputy, Gibson Sibanda and secretary general, Welshman Ncube, now lead another faction.
The split was dramatised by differences over whether to field candidates or boycott senate elections last November. Tsvangirai wanted a boycott, while some of his senior colleagues called for participation. Since then, the two groups have been trying to seize control of the party. They have both set-up parallel structures and both intend to hold two separate national congresses to elect new leadership.
In a statement issued Saturday, Nkala contradicted Ali's call for a district meeting on Sunday, instead putting forward January 22 as the date for the next MDC UK District executive meeting.
She said: "This is to reiterate to all loyal to the party, that, contrary to Mr Ali’s claims, there has been no meeting called by the UK district executive for the 8th of January 2006. The District Meeting is, in fact, on the 22nd January 2006, in Leicester. This meeting has been called through the district’s properly constituted structures and as such the actions of Washington Ali are not only mischievous but also unconstitutional.
"The MDC is a legal entity and, therefore the use of its name has to be done in accordance with the rules governing the organisation, be it in procedure or any other aspect of the constitution.
"The UK district has no qualms with Mr Ali calling a meeting, as it is his democratic right to do so, but he has no authority to convene a meeting in the name of the MDC UK District without properly adhering to protocol.
"I must emphasise that as a District, we have remained true to the party and its aspirations. We remain bound by its rules and guiding principles. We remain loyal to the party but not to individuals.
"We support individual leaders of the party because they belong to the MDC, and not because the MDC belongs to them. People may come and go, but the vision of the party must remain focused on the goal of achieving change through democratic processes.
"The only thing that is guaranteed in this world is change. An entity that is resistant to change is surviving artificially and thus is oriented to self destruct. We have individual and collective responsibility to protect our party from such fate. The only way to ensure this is to respect the party procedures and uphold the party constitution at all levels."
The imminent split among MDC officials in the UK was highlighted by John Huruva, the former MDC UK District's organising secretary in a press statement issued at the weekend. Huruva called for MDC officials in the UK to "unite" and "grow up".
He said: "The MDC UK leadership is now failing to properly handle the divisions back home. They are now creating divisions here where there were no divisions - forcing us to choose which faction to follow.
"The basis for this boggles my mind. MDC’s vision and policies have not changed and those are the things that attracted most of us to the party. Leaders come and go but parties remain. The forthcoming congress will determine the leadership of the party in Zimbabwe. The UK District is not even party to this process. I wonder why we should allow the UK District Executive to divide us in this way.

"We, as members of the MDC UK, mandated the District Executive to lead us in a struggle to rid Zimbabwe of an evil dictatorship. The focus is now lost. We are now left to hang and dry. The Executive has to account for this. They owe it to us.

"I suggest that we demand that all factional based meetings stop forthwith. We do not want to be divided. We are MDC members. The whole world knows that Mr. Tsvangirai is the president of MDC and Mr. Sibanda is his deputy until such time that the congress in Zimbabwe chooses a new leadership. The politicking in Zimbabwe should not cause us to lose focus."


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Tsvangirai hit with $50 billion defamation suit

NewZimbabwe.com


By Lebo Nkatazo
Last updated: 01/09/2006 09:23:06

ZIMBABWE'S main opposition Movement for Democratic Change (MDC) party leader Morgan Tsvangirai has been hit with a $50 billion group defamation lawsuit brought by five of his most senior colleagues.
The five officials -- Gibson Sibanda (Vice president), Welshman Ncube (Secretary general), Fletcher Dulini (Treasurer), Gift Chimanikire (Deputy secretary general) and Paul Themba Nyathi (Information and publicity secretary) -- say Tsvangirai defamed them when he claimed to foreign diplomats that they were plotting to harm him in collusion with Zanu PF.
Addressing diplomats on December 20, Tsvangirai described some of his colleagues as "simply a minority in leadership positions, tired of the democratic struggle and ready to strike a diabolical deal with Zanu PF against the clear and better judgment of the people."
He was briefing foreign diplomats on differences with some of his colleagues which have caused a split within the party into two camps. The split was hastened by irreconilable differences over whether to field candidates or boycott senatorial elections last November.
After the party's national council voted by a majority to participate in the elections, Tsvangirai vetoed the outcome and refused to back participation to the rising indignation of his colleagues who have labelled him a "dictator".
“The five plaintiffs are claiming $10 billion each and the lawsuit is based on statements that Tsvangirai allegedly uttered while addressing a gathering of diplomats on or about December 20 2005,” said Nicholas Mathonsi of Coghlan and Welsh Legal Practitioners representing the five.
The full text of Tsvangirai's address to the diplomats was reproduced on New Zimbabwe.com. Although he did not name his colleagues, international media reports directly linked his utterances to Sibanda and his colleagues.
The five officials' lawyers have singled out a report authored by Zimbabwean journalist, Basildon Peta, in the South African Star newspaper, which ran under the headline "My Henchmen plotted my death — Tsvangirai".
The lawyers, in papers before the High Court, state: “On or about the 21st of December 2005, the Star Newspaper of South Africa published an article on page 3 of that day’s edition under the title ‘My Henchmen plotted my death — Tsvangirai’” and was authored by Basildon Peta.
“The said newspaper is widely distributed worldwide including Zimbabwe and has an online publication on the internet and is widely read by the general public both internationally and within Zimbabwe.
“. . . it is stated of the plaintiffs that they are plotting to kill him so that their faction could reach a unity accord with the Government and get positions in the Cabinet. They had entered into a secret political pact with Zanu-PF for the cohabitation after the demise of MDC.
“They wanted to weaken the MDC by destroying his leadership. They participated in the senatorial elections in Zimbabwe in order to give themselves new credentials as the ‘reasonable element’ within the MDC thereby enhancing their political understanding with Zanu-PF. They had connived with Zanu-PF to kill him and remove him as a stumbling block to their schemes.
"Defendant is the sole source of the story and is quoted as stating 'we have irrefutable evidence that our erstwhile colleagues entered into a secret political pact with Zanu PF for a cohabitation project on a post-MDC political dispensation.
"......the statement and indeed the entire story was wrongful and defamatory of the complainants and was intended to be and was understood by the readers of the newspaper as implying that the complainants were criminals who plotted to kill their colleague, unworthy politicians who betray the cause of their party and the trust of the party members who put them in positions of authority to represent and lead them, dishonest, underhand and corrupt politicians who conduct themselves in a manner unworthy of reputable men of their status.
"As a result of the publication of the false, wrongful and patently defamatory article, the plaintiffs have suffered in their good names and reputation and have each sustained damages in the sums of $10 billion."
......................................................................................................................
THE WORDS THAT COULD PROVE COSTLY FOR TSVANGIRAI
(extract from his address to foreign diplomats)
"Your Excellencies let now me take you into my confidence, but I am sorry I cannot reveal any more specific details than I am going to give you.
It is now quite clear to all that what had seemed to us as a genuine difference in political strategy over the senate issue turned out to be much more sinister development than originally appeared to be the case. The strategy was to weaken the party, destroy the leadership, give themselves new credentials as the so-called reasonable elements within the MDC and thereby enhance their political understanding with ZANU PF. This was supposed to result in the demise of the MDC as the democratic fighting force that it is today.
Your Excellencies, we have irrefutable evidence that our erstwhile colleagues had entered into a secret political pact with ZANU PF for a co-habitation political project in an expected post-MDC political dispensation.
As an initial demonstration of their good faith, sincerity and reliability as the new partners to ZANU PF, they had to take part in the senate elections. Subsequent strategies included the removal of those in the leadership considered by ZANU PF to be stumbling blocks, alter the central focus and policies of the MDC, compromise its values to resonate with those of ZANU PF and pave the way for a second Unity Accord.
We are fully briefed and painfully aware of the extent to which ZANU PF is the dynamic force behind the destabilization of the MDC. Our erstwhile colleagues are not reading from an independent script. They are not free agents or autonomous operators. Instead, they are ZANU PF's fifth column inside the MDC. We are aware of the level of logistical support and the quantities of material assistance that ZANU PF is providing to our erstwhile colleagues.
In the past few days it has been brought to our attention by reliable and impeccable sources that the turbulence within our party over the past eight or so weeks was also designed to create a convenient opportunity and circumstances in which some in the leadership, including the MDC President are to be harmed and even physically eliminated, and the heinous crime blamed on intra-MDC conflict. This project is still very much alive and active.
Your Excellencies will recall that only a few days ago, on December 12, 2005, the Quarter Master General of the Zimbabwe National Army, a certain Major-General Chedondo, when addressing crack troops in Gweru, was captured on Zimbabwe TV referring to me as National Enemy No.1. It is well known that in military practice there is only one way to deal with those identified as enemies of state-----that is physical elimination. We take that announcement as an open intention to do grievous harm.

The leadership squabbles within the MDC must therefore seen in the context of the succession dilemma within ZANU PF. Tragically some of our former colleagues have chosen to be foot soldiers in this strategy. In this regard, both the party and its leadership face grave danger in the months ahead."


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We will not die if we do not make war

Newzimbabwe.com

By Msekiwa Makwanya
Last updated: 01/08/2006 21:15:11
THERE is nothing new about the “democratic resistance” that we are told is being planned by Morgan Tsvangirai.

In fact Tsvangirai has been arrested and tried in courts for a series of unsuccessful demonstrations or mass actions before.

It is important therefore for Tsvangirai to explain to his followers what exactly he is referring to if he should be believed this time around. Making promises that may not be fulfilled will further demoralise his followers who now have to come to terms with wisdom of participating in local government elections in January 2006 after letting go unchallenged the senate elections only two months ago.

The Zimbabwe Independent of 23 December, 2005 on “What they said in the year gone by” summed up Tsvangirai’s views on mass action after Operation Murambatsvina as follows:

“People blame us for not organising protests against the government. But how do you organise a person whose immediate priority is to see where his family is going to eat or sleep next? You cannot tell a person preoccupied with finding alternative accommodation for his family or a temporary place to keep his belongings to join a protest march.” — MDC leader Morgan Tsvangirai responding to charges that his party should have seized opportunities presented by the unpopular Operation Murambatsvina to rally people against the regime.

There is need for political clarity otherwise Tsvangirai’s statements risk being viewed as publicity driven statements. Bold statements do not constitute action and the masses may actually sympathise with him or take him seriously if he does not promise something he may not be able to deliver. Everyone understands that he has tried his best to make his point about what needs to be changed and there is general frustration and disillusionment which should not be blamed on him alone. Of course he says the buck stops with him and that puts him under more pressure. The problem is that he rules out options and vows not to “compromise with the dictator”. This can be taken to mean that he will never talk to Zanu PF. Moshe Dayan would advise that, “If you want to make peace, you don’t talk to your friends. You talk to your enemies.”

While leading his faction calling for a boycott of the senate, Tsvangirai vowed to demand constitutional changes to level the political landscape before he could take his party into future elections. Now we are aware that the Tsvangirai faction is taking part in local government elections scheduled for January 2006.

Tsvangirai needs coherence between choices and practice and he should refuse to be drawn into making undisciplined responses and learn to reject manipulation by whoever is advising him. If Tsvangirai wants live out the coherence between political choice and actions, he is best advised to consider the dialectical unity between action and reflection. It is a matter of being a bit more discursive.

If the Movement for Democratic Change (MDC) could not mobilise the masses successfully when they were a united and a strong party, how much can be achieved by a divided party? Infiltration or no infiltration the MDC is no longer as strong as it used to be and it is not wise to start a fight when you are at your weakest point. To deny this fact is unhelpful and maladaptive. At a point of weakness, you may be better off negotiating not fighting. In any case, Tsvangirai may be popular but are the people prepared to die for him should the democratic resistance get to that point?

Amilca Cabral once advised some soldiers that, “We will not die if we do not make war or if we do not attack the enemy at the point of his vulnerability. But if we make mistakes, if we find ourselves in a position of weakness, we will die; there is no other way out." He knew that cannons alone do not make a war and that the resolution of a war comes when the vulnerability of the oppressed becomes strength, capable of transforming the power of the oppressor.

I admire Welshman Ncube courage to admit that, “In 2000 we were given a mandate by the people to remove President Robert Mugabe. We are going back to congress in February, but he is still there. You have an obligation to report that we have failed to remove him. We have to report (even if) we say he stole the elections.”

The point has to be admitted and the faithful members will admit that you tried. You cannot do better than your best but you can keep trying, as long as you are united and disciplined.
Msekiwa Makwanya is a social commentator based in England. Contact can be made through makwanya@yahoo.com


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