http://www.dailynews.co.zw/
By Thelma Chikwanha, Staff Writer
Tuesday, 17 May 2011
08:38
HARARE - Zimbabwe’s partisan securocrats, the real power behind
President
Robert Mugabe and Zanu PF, have allegedly taken steps to have a
greater say
in the floundering Global Political Agreement (GPA)
negotiations.
This information came to light yesterday as Prime
Minister Morgan Tsvangirai’s
MDC was said to be meeting to discuss the
involvement of the security
structures in the GPA negotiations and how to
handle the situation.
Sources in the military claimed that securocrats
were so bewildered by both
the pace of change in the country since the
formation of the inclusive
government and the positions being agreed to by
Zanu PF GPA negotiators that
the top brass of the military were now
reserving the right to veto all
decisions that they did not like, even if
these decisions had been agreed to
by all GPA negotiators.
“The chefs
(top brass of the police and military) are frightened by the pace
of change
in the country and how easily Zanu PF negotiators are being pushed
into
positions that disadvantage Zanu PF.
“They are now demanding that they
have the final say on what is adopted by
the GPA principals, and they are
getting their way with President Mugabe.
They no longer have any confidence
in (justice minister Patrick) Chinamasa
because he is agreeing to the powers
of the military being usurped.
“This uneasiness is also the reason why
(defence minister Emmerson)
Mnangagwa is currently acting as if he is
foreign minister ahead of the
crucial Sadc extraordinary summit planned for
this weekend in Windhoek
(Namibia),” the source said.
Mnangagwa, by
far Mugabe’s most trusted lieutenant despite being linked to
the Tsholotsho
Declaration which was allegedly organised by serial political
flip-flopper
Jonathan Moyo and others to oust the octogenarian leader from
power six
years ago, spent most of last week on a regional diplomatic charm
offensive
ahead of the Sadc meeting.
Among others, Mnangagwa met Angolan Vice
President Fernando da Piedade Dias
dos Santos in Luanda to deliver a special
message from Mugabe and Zanu PF.
Speaking after the meeting, Mnangagwa
was quoted saying Zimbabwe was
peaceful – claiming further that Mugabe had
“very good” working relations
with Tsvangirai.
But contacted for
comment yesterday, Mnangagwa dismissed the allegations
that the securocrats
were giving orders to Zanu PF negotiators.
“It is nonsense. The security
chiefs are not involved in any talks. The GPA
is a civil issue which the
security forces cannot get involved in. People in
the press create issues
which they want to become real,” Mnangagwa said.
Negotiator for the
smaller faction of the MDC Priscilla
Misihairambwi-Mushonga said although
the securocrats did not sit on the
negotiating table, they were an important
stakeholder in the process.
“We should look at what the role of security
forces should be in peace
building. Determining how engagement is going to
take place in the process
is the million dollar question. What could be
dangerous is if all of us
begin to speak about them in a fearful language,”
she said.
Zanu PF spokesperson Rugare Gumbo to comment on the issue,
saying: “Go and
ask them (securocrats and negotiators”.
Meanwhile,
there is confusion around whether the Namibia Sadc meeting will
go ahead
this weekend as planned, even though Foreign Affairs officials said
last
night that the meeting was still on.
If the extraordinary summit on the
Zimbabwe crisis goes ahead, it will look
to consolidate the positions taken
by its troika team on politics and
defence – in a desperate quest to end the
anarchy in Harare.
Specifically, South Africa is expected to push for the
implementation of all
outstanding issues specified in the GPA, ahead of a
much-anticipated
national election to be held either next year or in
2013.
However, analysts expect Mugabe and Zanu PF to fight to win back
their
favoured position in the region as indicated by Mnangagwa’s visit to
Angola – a duty that would ordinarily fall on the foreign
ministry.
“It is not a coincidence that Mnangagwa is shuttling from one
country to the
next in the region. It is because he wants to warn all Zanu
PF’s friends
that they are under siege from the South Africans in
particular.
“Crucially too, he wants to send the powerful message that
the military won’t
accept regime change (Zanu PF euphemism for the removal
of Mugabe and the
party from power) in Zimbabwe,” our source in the military
said.
Although GPA negotiators have agreed that credible elections could
only be
held as from next year only, Mugabe and Zanu PF – backed by the
military –
have insisted that the ballot will be held later this
year.
Associated Press
(AP) – 7 hours ago
HARARE, Zimbabwe (AP) — The failing
health of Zimbabwe's President Robert
Mugabe could jeopardize efforts to
resolve his nation's political crisis,
South Africa's ruling party said
Tuesday.
Mugabe, 87, has traveled to Singapore five times since December
to undergo
medical treatment there.
The African National Congress,
which serves as the chief mediator on
Zimbabwe, said in an official
newsletter that its mediators reported
concerns that "should Mugabe die or
retire" before constitutional reforms
are complete, rivalry over his
succession could delay elections meant to end
the nation's troubled two-year
coalition.
Mugabe, who has ruled since independence from Britain in 1980,
has said
despite his age, he is fit to govern. He called for elections this
year, but
regional mediators say that would be too early for free and fair
polling.
The ANC said progress was made in recent negotiations over
outstanding
disputes between Mugabe's party and the former opposition party,
Prime
Minister Morgan Tsvangirai's Movement for Democratic Change. A power
sharing
deal between the two parties was brokered by the Southern African
Development Community after disputed, violent elections in 2008.
But
the timing for the adoption of a new constitution ahead of elections has
remained an obstacle, the ANC said.
A referendum on constitutional
reform is slated for September. Tsvangirai
insists fresh polls cannot be
held before May 2012 at the earliest.
It was not clear Tuesday if a
regional summit on Zimbabwe will go ahead as
planned Friday in Namibia's
capital, Windhoek.
The South African foreign ministry said Tuesday its
officials were waiting
for the date to be confirmed.
The Windhoek
meeting was not on the routine weekly schedule for South
African President
Jacob Zuma who heads regional mediation efforts. But
Mugabe's office said it
received an invitation to go to Windhoek on Friday.
At the last regional
summit in Zambia in March, Mugabe and his party
received a stern rebuke over
the slow pace of reforms in Zimbabwe and
continuing political
violence.
A frail Mugabe was transported around that summit venue in an
electric golf
cart.
The state media loyal to Mugabe on Tuesday quoted
George Charamba, Mugabe's
spokesman, saying Tsvangirai misled the regional
bloc by alleging Mugabe was
incapacitated and unable to hold office and that
a "silent coup" had taken
place, leaving generals and security chiefs in
charge of the country.
Tsvangirai and Western nations intended to turn
the regional grouping
against Zimbabwe and divide its leaders, Charamba
said.
"Our objective ... is to ensure that the correct and accurate
situation in
Zimbabwe is communicated" to regional leaders, he said.
http://mg.co.za
GLENDA DANIELS - May 17 2011
20:18
The Mail & Guardian's efforts to gain access to a
report on Zimbabwe's 2002
presidential election reached the Constitutional
Court on Tuesday.
The report was commissioned in 2002 by then-president
Thabo Mbeki, who
requested that justices Dikgang Moseneke and Sisi Kampepe
undertake a
mission to Zimbabwe to investigate that country's
"constitutional and legal
challenges" prior to the 2002
election.
Allegations of vote-rigging and reports of violence and
intimidation marred
the elections, which President Robert Mugabe
won.
The Mail & Guardian has argued in both the high court (2008) and
the Supreme
Court of Appeal (December 2010) that widespread reports of
electoral
irregularities made the report commissioned by Mbeki of vital
public
interest, and that it should be released in terms of the Promotion of
Access
to Information Act (Paia).
The newspaper argues that, although
several years had passed since the
election, the report might provide
information about whether the elections
were free and fair, as South Africa
at the time declared they were. This had
a bearing on both the legitimacy of
Mugabe's presidency and the 2011
Zimbabwe presidential
elections.
Opposing the Mail & Guardian, the Presidency has argued
that Moseneke and
Khampepe had gone to Zimbabwe as diplomats and were
received as such and
that diplomacy allowed for information to be exchanged
"in confidence".
The Presidency is challenging in the Constitutional
Court the appeal court's
December 2010 ruling that there was no factual
evidence that the judges were
acting as diplomats; a role not in keeping
with the independence of the
judiciary and the seperation of
powers.
Arguments were heard from senior counsel Jeremy Gauntlet for the
Mail &
Guardian, and Marumo Moerane for the Presidency.
The
judges who heard the matter included Chris Jafta, Edwin Cameron, Johann
van
der Westhuizen, Sandile Ncobo, Bess Nkabinde, Johan Froneman and Mogoeng
Mogoeng.
Justices Kampepe and Moseneke, who compiled the Zimbabwe
report for Mbeki,
recused themselves.
The Presidency's insistence
that the report ought not to be released rests
on several
arguments.
The first is that it was a "Cabinet report", and so not within
the ambit of
the Promotion of Access of Information Act.
Second, it
argued that it should not be released in order to uphold the
neutrality of
the presidents of South Africa who have been engaged in
mediating between
the opposing parties in Zimbabwe's turbulent political
climate, and that the
judges were the president's "special envoys" in this
regard.
Third,
the Presidency maintained that the judges' mission was a diplomatic
mission
and that information gleaned during such activities, and received in
confidence, should therefore remain classified.
Fourth, it argued
that the report was being used by the president in the
formulation of
executive policy.
In terms of Paia, it is up to the party declining to
make requested
information available to supply proof as to why a particular
record should
not be released.
For the Presidency, Moerane submitted
that the "burden of proof had been
discharged".
Moerane argued that
to disclose the report would be to reveal information
that was supplied in
confidence and that the purpose of the report was to
assist in formulating
policy.
The purpose of the visit was vigorously interrogated by the
bench.
While it is common cause that the two judges who went to Zimbabwe
were on a
presidential mission, Chief Justice Ncobo noted: "What is at issue
is
whether that report was for the purposes of formulating
policy."
Moerane said the two judges who compiled the report were special
envoys
whose function was to inform then president Thabo Mbeki about
constitutional
and legal challenges in Zimbabwe. The presidency was
therefore not obliged
to release the report.
However, Gauntlett said:
"They went as judges, they are judges. They could
never stop for a moment to
be judges."
He argued that the judges could not have gone as "special
envoys" on a
diplomatic mission nor been the "embodiment of the president",
as this would
have had serious implications for the separation of
powers.
The bottom line, Gauntlett argued for the Mail & Guardian,
was that the
Presidency had put in the public domain no detailed evidence to
prove that
the report ought to remain confidential.
Judgment was
reserved, as the bench adjourned to consider the arguments
presented. --
Additional reporting by Sapa
http://www.radiovop.com
17/05/2011 20:08:00
Harare, May 17, 2011 -
Zimbabwe’s controversial land reform programme is set
to take centre stage
in the upcoming Southern African Development Community
(SADC) special summit
on Zimbabwe to be held on Friday, a SADC official has
told Radio
VOP.
The summit to take place in Namibia will discuss Zimbabwe's land
reform
programme and a report prepared by the sub-region's Justice Ministers
and
Attorney Generals when they met in Swakopmund, Namibia last
month.
“A report on the operations of the court and the issues around
the land
reform in Zimbabwe that were handled by the court will be
discussed,”
Charles Mkandawire, the SADC Tribunal Registrar told Radio VOP
from
Windhoek.
Mkandawire added that, “the report will be tabled by
the Namibian Minister
of Justice who is the chair of the committee which
came up with the report.”
Zimbabwe's Justice Minister Patrick Chinamasa
told the state media on Monday
that the committee of Ministers and AGs had
acknowledged that the regional
court was improperly constituted and its
decisions were null and void.
The report is yet to be presented before
SADC leaders who will have a final
say on the future of the regional
court.
The Windhoek-based court which has issued various judgments in
favour of
displaced white commercial farmers was put under review last year
after
complaints from the Zimbabwean government that it was not properly
constituted and its operations were usurping powers of national
constitutions.
The tribunal has not been entertaining any cases from
the region during the
time that the committee of Ministers and Attorney
Generals has been
reviewing its operations. The Tribunal has been a thorn in
the flesh of
President Robert Mugabe and his Zanu (PF) party after it ruled
in November
2008 that the controversial land reform programme was
discriminatory, racist
and illegal under the SADC Treaty.
The
regional court ordered the Zimbabwe government not to seize land from
the 79
farmers who had appealed to the Namibia-based court and said Harare
must
compensate those it had already evicted from their farms.
http://www.voanews.com/
State Security Minister
Sydney Sekeramayi met on Saturday with Mozambican
President Armando Guebuza,
a member of the SADC troika on politics, defense
and security which in an
April session in Livingstone, Zambia, admonished
Mr. Mugabe to curtail
political violence and urged him to institute
democratic reform at top
speed
Ntungamili Nkomo | Washington DC 16 May 2011
Zimbabwean
President Robert Mugabe has launched a major diplomatic offensive
ahead of a
summit on Friday of the Southern African Development Community
that will
focus on the situation in his country and prospective new
elections, sources
said Monday.
State Security Minister Sydney Sekeramayi met on Saturday
with Mozambican
President Armando Guebuza, a member of the SADC troika on
politics, defense
and security which in an April session in Livingstone,
Zambia, admonished
Mr. Mugabe to curtail political violence and urged him to
institute
democratic reform at top speed.
Sekeramayi told journalists
he briefed Mr. Guebuza on the political
situation in Zimbabwe which he
characterized in those discussions as
peaceful.
Defense Minister
Emmerson Mnangangwa was in Luanda, Angola, where he met
with Vice President
Fernando da Piedade Dias dos Santos.
Vice President John Nkomo met with
the President of Botswana, Ian Khama, one
of Mr. Mugabe’s fiercest
high-level critics in the region.
All the envoys delivered the same
message: that Zimbabwe is enjoying
relative peace despite persistent reports
of political violence.
Observers said Mr. Mugabe hopes to prevent SADC
from echoing the findings
and recommendations of the SADC troika’s tough
communiqué last month.
Negotiator Moses Mzila Ndlovu of the Movement for
Democratic Change
formation of Industry Minister Welshman Ncube said he
expects SADC to keep
pressure on Mr. Mugabe, whose ZANU-PF politburo last
week called for
elections this year.
SADC officials including South
African President Jacob Zuma, mediator in
Harare for the regional grouping,
have strongly recommended putting off
presidential, general and local
elections until 2012 at least so that
much-needed reforms may be put in
place.
Commenting, political analyst Effie Dlela Ncube told VOA Studio 7
reporter
Ntungamili Nkomo that ZANU-PF through its regional diplomatic
offensive
seeks to divide SADC leaders - but added he does not believe it
will succeed
in doing so.
http://www.voanews.com
Peta Thornycroft | Harare May 17,
2011
Zimbabwe's main political parties are at odds again, this time over
the
process of transferring public opinion into 17 clauses of the proposed
new
constitution. About a million people attended some 5,000 public meetings
last year, and President Robert Mugabe’s ZANU-PF party says its supporters’
views dominated this outreach program and should therefore determine the
content of the new charter.
A last-minute compromise between ZANU-PF
and MDC was negotiated last week so
that both the quantity and quality of
views expressed at the outreach
program will be represented in the new
constitution.
Crispen Mutungwazi, a supporter of Prime Minister Morgan
Tsvangirai’s
Movement for Democratic Change, the largest political party in
Zimbabwe,
said the constitution is for all the people of Zimbabwe, not just
ZANU-PF,
even if more of its supporters contributed to the public outreach
program
last year.
“As MDC we are a democratic party," said
Mutungwazi. "The constitution is
supposed to represent the wishes of the
people not of a particular party,
whether your view is ZANU-PF and whether
your view is MDC.”
He said he hoped the new charter would represent the
people’s views, from
both MDC and ZANU-PF, and the constitutional clauses,
such as a bill of
rights, would not end up "being hammered out at the
negotiating table.”
Paul Mangwana, ZANU-PF’s co-chairperson of the
parliamentary committee which
has run the constitution-making process, said
ZANU-PF prepared carefully for
the public outreach program to be sure the
party’s views dominated the
charter.
“ZANU-PF thoroughly planned for
the outreach, we started by crafting a
document of their views, and the
views they hold dear, this they
disseminated to their structures engaged in
pre-outreach meetings where
people understood the views of the party,” said
Mangwana.
The MDC co-chairperson, Douglas Mwonzora, who is also a
legislator in the
27-month-old inclusive government, says the quality of the
public’s input at
the outreach program was more important than the numbers
of those who
attended. He said many from ZANU-PF were forced to attend the
public
meetings, but conceded that the MDC had not mobilized its supporters
to
attend.
“This exercise was not a quantitative exercise, so the
numbers didn’t really
matter, it is a qualitative exercise," said Mwonzora.
"After seeing that
people were being coerced we then said there is no voting
at the meetings.
We recorded the views that came out, it is impossible to
say this is a
majority view or a minority view in important questions, so
the MDC position
was not as dominating as it should have been because they
didn’t take it
seriously, but there were a few brave people who spoke and
their position is
coming out.”
The constitution-making process was
delayed in February when Mwonzora was
arrested and charged with public
violence, charges he denies.
Phineas Zimuto, a supporter of the small
MDC, the third political party in
the inclusive government, says ZANU-PF
supporters who attended the outreach
program had been instructed to present
their party’s views by their leaders,
particularly in rural
areas.
“The main advantage which ZANU-PF wants to take is that during the
outreach
programs when we were visiting the rural areas they used to bus
people and
they also used to tell people what to say as compared with what
happened in
the urban areas.” said Zimuto.
He said the outreach
meetings were not elections on what to put into the new
charter.
“So
for us having a quantitative approach will not work, because this is not
a
voting process. What we just want to hear is to take the views of the
people, what they said, no matter who said that or the number of people who
said the same statement,” added Zimuto.
A ZANU-PF supporter, Newton
Matutu, who lives 250 kilometers south of
Harare, says more ZANU-PF
supporters, particularly in the rural areas,
contributed opinions about what
the party wants in a new charter, than the
MDC. He said if the ZANU-PF views
were not included in the new charter, it
would be unfair.
“Our party
has got so many supporters in the rural areas so their voices
were supposed
to be heard and not just the people in the urban areas," he
said. "We don’t
care what MDC is going to say at the end of the day, because
it is what the
people said that we are really concerned about.”
The multi-party
political agreement which brought the inclusive government
to power in
February 2009 spelled out that a new constitution must be
created before the
next elections.
The process has been delayed by shortage of funds,
political party
squabbles, some violence in Harare last year, and complex
logistics of
arranging thousands of meetings around the country.
Some
analysts say at the end of the day, the new charter will emerge from
negotiations. Currently, 17 multi-party committees are meeting to thrash
out each of the 17 clauses which will make up the new
constitution.
Few expect a draft to be ready for a referendum before
September this year.
If a majority of people reject the new constitution,
Zimbabwe will carry on
under its present, much amended charter which came
into operation at
independence in 1980.
http://www.swradioafrica.com/
By Alex Bell
17 May 2011
The future
of the regional human rights court remains uncertain, amid
reports that
Justice Ministers from across Southern Africa have agreed that
the court’s
decisions are null and void.
A Summit of the Southern African Development
Community (SADC) is set to get
underway in Namibia on Friday, where it is
hoped that the future of the
human rights Tribunal will be decided. The
court was effectively suspended
over Zimbabwe’s refusal to honour its 2008
ruling that Robert Mugabe’s land
grab campaign was unlawful. . The court
ordered the then ZANU PF government
to protect farmers from further attack,
but Robert Mugabe and his party have
repeatedly snubbed the
court.
The government has argued that the Tribunal was not properly
constituted and
therefore has no jurisdiction in Zimbabwe, despite Zimbabwe
being a
signatory to the SADC Treaty that established the court.
Controversially, a
SADC summit last year decided to review the role and
functions of the court,
rather than be forced into taking action against the
Zim government for its
contempt.
That review has since been
concluded, and has upheld the court’s decision
and has further stated that
the Tribunal was properly constituted. The
report was presented to a SADC
Council of Ministers meeting last month, who
were said to have endorsed
it.
But according to Zimbabwe’s state media the Ministers reportedly
agreed that
the Tribunal’s rulings were null and void. Zimbabwe’s Justice
Minister and
ZANU PF top dog, Patrick Chinamasa has in recent days insisted
that this is
the position the Council of Ministers have adopted, ahead of
the SADC Summit
this week.
Nicole Fritz, the Director of the Southern
African Litigation Centre, told
SW Radio Africa’s Diaspora Diaries series on
Tuesday that credible reports
and sources show that the Council has endorsed
the independent report. She
explained that the recent reports suggesting
otherwise have only come from
one source, and are at odds with what is being
reported elsewhere.
“What is worrying and of concern is that Zimbabwe may
use the upcoming SADC
Summit to try and manipulate events and alter the
determination of the
Council of Ministers,” Fritz said.
Fritz added:
“We hope that the SADC leadership will keep the long term
interests of the
region at heart when it makes a decision on the Tribunal.
Decapitating the
court at this point will be a critical blow to the region.”
Ben Freeth,
from the SADC Tribunal Rights Watch group, meanwhile told SW
Radio Africa
that it appears that the fate of the Tribunal will rest on
whatever decision
the SADC leadership decides to take on Zimbabwe. The
regional bloc is meant
to be endorsing a roadmap towards a credible election
in Zimbabwe, to end
the political crisis.
However there is doubt that South Africa’s Jacob
Zuma, who is the regional
mediator in the crisis, will attend the Summit,
meaning Zimbabwe will not be
on the agenda. It is understood that Zuma will
either be in his own country,
where municipal elections will be taking
place, or in India. Sources have
said that the Zim issue will be postponed
to a later meeting in Johannesburg
in June.
Freeth said that SADC
will likely delay making a decision on the Tribunal
too, while the Zimbabwe
issue remains unresolved. But he explained that the
Tribunal would be a
critical tool for SADC if it remains committed to
democratic change in
Zimbabwe.
“A fully functioning Tribunal would work in SADC’s favour,
because they can
use the court to enforce the rule of law in Zimbabwe,”
Freeth said.
http://www.dailynews.co.zw/
By Pindai Dube
Tuesday, 17 May 2011
17:31
BULAWAYO - Matabeleland-based human rights organisations have
rejected the
Zimbabwe Human Rights Commission Bill saying it has no capacity
to deal with
Gukurahundi massacres that occurred in the
1980s.
Last week, Cabinet approved the Zimbabwe Human Rights
Commission Bill which
will be gazetted before it is presented to
Parliament.
The Bill seeks to make provisions for the powers and
operation of the
Zimbabwe Human Rights Commission.
If adopted, the
Zimbabwe Human Rights Commission Act would empower the
commission to
investigate people in their individual capacities, State and
corporate
institutions.
Patrick Chinamasa, the Justice and Legal Affairs Minister,
said the
commission would only carry out investigations into acts of
violence that
occurred after February 2009.
However, speaking to the
Daily News yesterday, Mbuso Fuzwayo, chairperson of
Ibetshu Likazulu, a
pressure group fighting for the compensation of
Gukurahundi victims,
described the Zimbabwe Human Rights Commission Bill as
a useless law saying
it is meant to protect Zanu PF perpetrators of
massacres and violence that
occurred from 1982 to 2008.
“We were hopeful that this unity government
will use this Human Rights
Commission Bill to deal with the burning issue of
Gukurahundi.
“But if there are now saying it will only investigate cases
that occurred
from 2009 up to now then it’s just useless.
“Actually
it means this Bill will protect people in Zanu PF who killed
thousands of
Zimbabweans since 1982 up to 2008 when MDC supporters were
terrorised,” said
Fuzwayo.
He said his organisation will continue fighting for compensation
of
Gukurahundi victims.
The Zimbabwe Victims of Organised Violence
Trust (ZIVOVT) co-ordinator
Bhekithemba Nyathi said the decision by Cabinet
to declare that Zimbabwe
Human Rights Commission will only deal with cases
that happened from 2009 is
very surprising.
“This a clear aversion
of justice, as a trust which represents victims
of political violence, we
were expecting all perpetrators of violence in
the country since 1980
up to 2008 to be investigated by this Human
Rights Commission,” said
Nyathi.
During the Gukurahundi massacres in the 1980s, thousands of
civilians were
killed while others disappeared. They were buried in mass
graves while some
were thrown alive into disused mines. The Gukurahundi
operation was
conducted by the notorious Fifth Brigade unit of the
army.
The Washington DC-based Genocide Watch last year called for
prosecution of
Mugabe and his allies for genocide and crimes against
humanity for the
Gukurahundi massacres.
http://www.radiovop.com/
17/05/2011
18:09:00
Harare, May 17, 2011 - A group of Germany parliamentarians
visiting the
country have expressed concern over continued violence in the
country just
over two years after the country's governing parties signed a
unity pact .
The group expressed concern soon after meeting the Speaker
of Parliament,
Lovemore Moyo, Tuesday that an upsurge in violence was a
worrying
development.
Stefan Liebich, head of the delegation told
reporters that they discussed
progress on the constitutional making process
with the Speaker.
The delegation also met with the group facing treason
trial arrested in
February for allegedly organising Egypt style uprisings on
Monday evening as
part of their consultative process.
The group will
also meet several government officials, political parties and
civic society.
The visit comes a few days before a crucial SADC summit on
Zimbabwe and in
the middle of discussions between EU and the regional
grouping on the
controversial “sanctions” imposed on President Mugabe and
his
cronies.
The visit is the first by Germany parliamentarians since the
1990s. Germany
imposed travel and business related sanctions on Mugabe and
his Zanu (PF)
party officials in response to the party’s reluctance to
promote democracy
and respect for human rights.
The group is
scheduled to travel to other SADC countries for further
consultations.
http://www.radiovop.com/
17/05/2011 18:15:00
Harare, May 17,
2011 - The newly elected Morgan Tsvangirai led Movement for
Democratic
Change (MDC–T) Deputy Chairman Morgan Komichi has warned that his
office
will act decisively on all pending disciplinary cases in the party
and
instil a culture of discipline and sanity without fear or
favour.
Incidents of intra-party violence were reported in the just ended
national
congress, bringing to disrepute a party that is known to be
promoting a
democratic culture.
"Conflict management in the party
is the most critical area which my office
is going to look into. At any
place or gathering where different activities
happen there are people who
feel disgraced, some claiming that they have
been treated unfairly, It is
the duty of the chairman’s office to quickly
deal with those issues so that
people are explained to and given a fair
judgment so that divisions do not
occur", Komichi told Radio VOP.
"My office has recommended the party
to embark on a massive disciplinary
programme not only punishing wrong doers
but educating even our supporters
what it costs the party if we are not
disciplined", said Komichi.
The deputy chairman also said the issue of
discipline was going to be rolled
throughout the party from leadership down
to supporters.
Tsvangirai is being accused of dragging feet into
addressing the issue of
violence within the party. The MDC-T announced last
week that it had
established a commission of enquiry which would thoroughly
investigate
violence which happened prior to its national
congress.
MDC-T blames ZANU (PF) for infiltrating it and causing
violence.
http://www.radiovop.com/
17/05/2011
20:07:00
Harare, May 17, 2011 - Freelance journalist Andrison Manyere
and six other
activists facing charges of banditry and sabotage are set to
appear before
the country's Supreme Court to seek a stay of prosecution
until
determination of the violation of their rights has been
made.
According to a letter in the possession of the Radio VOP reporter,
Manyere
and other six accused's lawyers have been asked by the Supreme Court
to file
heads of arguments within two weeks.
Manyere, Movement for
Democratic Change (MDC) director of security Kisimusi
Dhlamini and other
abductees that included Prime Minister Morgan Tsvangirai’s
former personal
aide Gandhi Mudzingwa are facing charges of banditry and
sabotage for
allegedly plotting an insurgency against President Robert
Mugabe’s
government in 2008.
Manyere, Dhlamini, Mudzingwa and other abductees
successfully applied for
the matter to be referred to the Supreme Court in
2009.
The accused argue that their kidnapping and torture in 2008
violated their
right to liberty, and right to full protection of the law.
They further
argue that evidence obtained from them by the police was
inadmissible in
court because it was sought through unconstitutional means
of torture.
The abductees’ lawyers want the Supreme Court to determine on
the violations
of their rights before the High Court presides over charges
of committing
banditry and insurgency.
In 2009 the Supreme Court made
a ruling of stay on Zimbabwe Peace Project
Director, Jestina Mukoko who was
also arrested in an unconstitutional manner
in December
2008.
Other abductees include Banket Town councillor Manuel
Chinanzvavana and his
wife Concillia who are yet to be entertained by the
Supreme Court.
Manyere and co-accused are being represented by lawyers,
Mbidzo, Muchadehama
and Makoni partners.
http://www.swradioafrica.com/
by Irene Madongo
17 May 2011
The
trial of the MDC’s Deputy Treasurer General, Elton Mangoma, has been
postponed to Wednesday, after the State claimed it needed to obtain
additional information for cross-examination purposes.
Mangoma, who
is also the Energy Minister, is facing charges that he abused
his office by
flouting tender rules in the procurement of fuel. He was
arrested in March
and was granted $5,000 bail at the Harare High Court and
released. But he
was re-arrested shortly after, this time in connection with
an electricity
tender award. He was eventually released on bail.
On Tuesday when the
trial resumed, the State’s lawyer asked the judge for
permission to bring
into the case a list of oil suppliers which he will use
to question Energy
and Power Development permanent secretary, Justin
Mupamhanga, whom he had
just cross-examined.
However Mangoma’s lawyer, Beatrice Mtetwa, argued
that this new request by
the State was in fact an attempt to amend its
charges against Mangoma.
The judge will decide on Wednesday whether to
grant the State permission to
use the list of oil suppliers.
In
Bulawayo meanwhile, jailed Mthwakazi Liberation Front (MLF) leader, Paul
Siwela, is understood to be very distressed after he was remanded for a
further two weeks in prison on Monday.
Siwela is being held at the
notorious Khami Prison in Bulawayo, on treason
charges. He was arrested in
March with two other MLF leaders, John Gazi and
Charles Thomas, after the
state alleged they were attempting to stir up
Egypt-style uprisings. All
three deny the charges.
Gazi and Thomas were released on $2,000 bail
each, but Siwela was denied
bail. However in his bail application last week
the judge ordered that he
first sign an affidavit stating that he promises
not to commit treason
offences if released on bail. The affidavit was
presented to the court but
deliberate bureaucracy continues to delay the
case.
On Tuesday Lucas Nkomo of the Abammeli Human Rights Lawyers’
Network told SW
Radio Africa that his client was going through a difficult
time.
“He is worried and distraught about his continued detention at
Khami prison,
pending trial, and he was complaining that because his
co-accused persons
were released, he spends most of the time by himself,
almost like solitary
confinement. So it’s really depressing and distressing
to him.”
“The conditions are unbearable, especially now when the
temperatures
dropping. Generally the hygiene conditions are not up to
standard,” Nkomo
said. “You have to rely on the food that is brought from
outside.”
http://www.swradioafrica.com/
By Tichaona Sibanda
17 May
2011
Senate debate on the Public Order and Security Act (POSA) Amendment
Bill
will only commence in July, after completion of thematic committee
meetings
of the constitution making process.
MDC-T chief whip in the
Senate, Gladys Gombami-Dube, told SW Radio Africa on
Tuesday that business
in the Senate has been seriously affected by the slow
pace of the
constitutional reform process.
Most lawmakers from all three parties have
been heavily involved in efforts
to draw up a new constitution for Zimbabwe,
since the process began two
years ago.
The proposed amendments to
POSA were introduced as a private member’s Bill
by Mutare Central MP and
MDC-T Chief Whip in Parliament, Innocent Gonese, in
November 2009.
It
sailed through Parliament in December 2010 where the MDC-T holds a slight
majority in the Lower House, while ZANU PF has a huge majority in the Upper
House which it uses to block legislation.
‘ZANU PF has a majority
because of traditional chiefs and provincial
governors who always toe the
party line. If there are progressive forces in
ZANU PF we will ask them to
help us make the Bill sail through.
‘But they’re (ZANU PF) unpredictable
and remember they are advocating for
elections this year and I know it’s one
way they’ll try to close us down as
a party and civil society organisations
from meeting with the people,’
Gombani-Dube said.
POSA was made a
much more restrictive law by a ZANU PF dominated parliament
in 2002. The
draconian legislation gives untold powers to the police and the
Ministry of
Home Affairs and the police are responsible for the
administration of the
Act.
‘Its an open secret that the partisan police uses the Act to harass,
arrest
and detain ZANU PF opponents and pro-democracy activists wanting to
have
public meetings or participate in demonstrations,’ the Senator
added.
The police, headed by fierce ZANU PF loyalist Commissioner-General
Augustine
Chihuri, has used POSA over the years to arrest and detain
hundreds of
people but has so far never successfully prosecuted anyone. Not
surprisingly, the Act has never been used to arrest any ZANU PF officials or
supporters.
Amendments to the Bill therefore aim to ensure that
public gatherings are
regulated in a manner that will allow Zimbabweans to
fully exercise their
democratic right to express themselves through peaceful
assembly and
association.
Speaking in Parliament last December
Gonese, the originator of the amendment
to POSA, explained that other
amendments would seek a reduction in police
powers and give magistrates the
power to prohibit meetings instead.
For now, the MDC can only work
towards amending POSA because the party does
not have the required two
thirds majority in Parliament to repeal the Bill
altogether.
http://www.dailynews.co.zw
By Chengetai Zvauya, Staff Writer
Tuesday, 17 May 2011
17:53
HARARE - As exposed by the Daily News, the two key witnesses in
the $1
million botched deal between First Lady Grace Mugabe and shadowy
Chinese
businessman Ping Sung Hsieh have been accused of lying under oath
and face
perjury charges.
President Robert Mugabe has in just two
weeks inadvertently confirmed that
police commissioner Olga Bungu and one of
his farm managers Stanley Nhari,
work for the First Family contrary to court
affidavits in which Bungu said
she was unemployed.
Nhari claims in
court papers that he is a general manager of the transport
company Bungu
wanted to start. The Daily News has gathered that Bungu,
working as a front
of the First Lady and her son from the first marriage,
Russel, transferred
$1 million to Ping’s account in South Africa for the
purchase of six trucks,
but the Chinese businessman failed to deliver them.
He was arrested in
South Africa and is awaiting extradition to Zimbabwe, if
the courts decide
so but after revelations that Bungu and Nhari lied under
oath, the case is
expected to crumble.
In March this year, four South African drivers who
delivered three old South
African registered trucks in a bid by Ping to
hoodwink the First Lady into
believing that he was now delivering the trucks
which were paid for in 1998.
They were arrested and are holed up in
Zimbabwe after their passports were
confiscated until Ping either refunds
the money or travels to Harare to be
charged with fraud.
Two weeks
ago, Mugabe promoted Bungu to the post of commissioner which was
announced
in the state media and exposed her cover.
At the weekend Mugabe
officiated at the wedding of Nhari’s daughter in
Harare and again exposed
his cover. Investigations by the Daily News had
already confirmed that both
Nhari and Bungu were lying until Mugabe
confirmed their real jobs and
lawyers representing both the drivers and Ping
in South Africa now say they
have a strong case to have their clients
cleared.
Beatrice Mtetwa,
the lawyer representing the South African drivers holed up
in Zimbabwe
confirmed the perjury and said this now information strengthens
the
defence’s case.
“The court documents signed by the two witness shows that
they were lying
under oath, they gave false information to the courts in
South Africa,
seeking to extradite Ping, this has been revealed by their
affidavits,” said
Mtwetwa.
http://www.newzimbabwe.com
17/05/2011 00:00:00
by Mduduzi
Mathuthu
A FORMER Central Intelligence Organisation (CIO) agent who
admitted smashing
an MDC supporter’s jaw with pliers, and then pulling out
their tooth, has
been granted asylum in the UK along with his
wife.
The 47-year-old ex-CIO man, identified by his initials PM, was
originally
turned down by the Home Office which said he had “committed
crimes against
humanity”.
But Mr Justice David Archer of the First
Tier Tribunal of the Immigration
and Asylum Chamber allowed his and his
wife’s appeals in a judgement
delivered on May 4, 2011. The Home Office is
not appealing.
At the appeal hearing held in Newport in April, the
Tribunal heard how PM,
who joined the CIO in 1996 and quit in 2000 before
fleeing to the UK, had
TORTURED and KILLED President Robert Mugabe’s
political opponents.
Despite finding that he was “deeply involved in
savage acts of extreme
violence”, the judge said deporting him to Zimbabwe
would breach his rights
under Articles 2 and 3 of the European Human Rights
Convention.
“Those rights are absolute and whatever crimes PM has
committed, he cannot
be returned to face the highly likely prospect of
torture and execution
without trial,” the judge ruled.
The finding
means PM is not recognised as a refugee as per the Refugee
Convention which
has an exclusion clause for individuals involved in crimes
against humanity,
but qualifies for protection under the Human Rights
Convention.
PM’s
40-year-old wife, FM, was however granted refugee status after the
judge
allowed her appeal on the finding that “she has been active in the MDC
and
ROHR [Restoration of Human Rights Zimbabwe] in the UK”.
“She has a
significant profile,” said Mr Justice Archer. “It is highly
likely that she
will be targeted in Zimbabwe by the CIO because of her links
to her husband
or more generally because of her activities and length of
stay in the
UK.”
The former CIO operative, who admitted he was HIV positive, said he
joined
the spy agency in 1996. His first assignment was as a bodyguard to
the late
cabinet minister, Enos Chikowore.
PM admitted that before
rallies, he would go to the homes of opposition
activists and detain them
without trial.
In 1999, he “tortured a person by hitting their jaw with
pliers and pulling
out a tooth”. In the same year, he went to the house of
an MDC supporter who
was forced to sit naked in front of his daughters and
told that if he did
not provide information, he would be forced to have sex
with them.
In 2000, he tortured a white farmer only identified in court
as “Mr
Thornhill” after hearing rumours that he was providing financial
support to
the MDC. Thornhill was “electrocuted, slapped, beaten and punched
to the
point of being unconscious”.
On another occasion, PM admitted
taking a female MDC member to an
underground cell where she was stripped
naked and tortured with whips made
of hide. PM “put salt to her
wounds”.
He stated that he was involved in the kidnapping and torture of
dozens of
MDC supporters. “Some were killed slowly and their bodies disposed
of. He
witnessed people with their limbs cut off. This was a slow way of
torture.
Other acts of torture were too gruesome to recount,” the judge
said.
PM stated he quit the CIO after he had “enough of the torture”. He
took
leave before fleeing to the UK on July 1, 2000. He was granted six
months
leave to enter as a visitor but overstayed. He claimed asylum on
October 16,
2008. His wife arrived in the UK on June 13, 2001, and claimed
asylum on
September 29, 2008.
On the evidence, the judge said the
Home Office had presented a “compelling
case that PM committed crimes
against humanity”. He also rejected PM’s claim
that he was acting under
duress.
On PM’s claims that he passed information to the MDC while still
actively in
service, the judge said this was not a defence to crimes against
humanity.
But despite his “savage acts” of violating others’ rights, the
judge said
deporting him to Zimbabwe would be a death sentence.
“He has
seen too much and said too much about his colleagues to be allowed
to live,”
the judge added.
Norwich-based Zimbabwean lawyer Masimba Mavaza, of IEI
Solicitors,
represented the couple.
http://www.swradioafrica.com
By Lance Guma
17 May
2011
The number of people using mobiles phones in Zimbabwe since the
inception of
the coalition government has risen sharply, from 12 to 56
percent, setting
it up for huge political and commercial benefits. Add the
completion of a
fibre optic cable link to Mozambique in the mix, and the
future has huge
potential.
Commemorating World Telecommunications and
Information Society Day,
Information Communication Technology (ICT) Minister
Nelson Chamisa
attributed this growth to the fact that ICT products are
getting into the
country duty-free, after a change in government
policy.
Chamisa announced that “the government has completed the fibre optic
cable
lining from Harare to Mozambique in a bid to improve connectivity in
the
country. US$15 million will be directed towards the setting up of the
cable
linking Beitbridge as ICTS are the backbone of national
development.”
The 261km fibre optic cable from Harare to Mozambique, via
Mutare, will form
the nerve centre of a broadband infrastructure that will
wire Zimbabwe to
the rest of the world through an undersea cable. Chamisa
believes by 2014
Zimbabwe will be ‘internationally networked’ with 1,340 km
of cables.
Should the country manage to complete this cabling work
“massive amounts of
mobile phone, television, internet and other
telecommunication signals” can
be carried while many jobs in the sector are
expected to be created. The
ultimate objective Chamisa said was to ensure
ICT networks are “available
and affordable anywhere and anytime.”
The
International Telecommunications Union (ITU) estimates that there are
1.5
million internet users in Zimbabwe and with a growing increase in the
number
of people using mobile phones, that figure is set grow as people also
access
the internet using their phones.
For democracy activists in a country run by
a repressive regime, mobile
phones and the internet could offer an
opportunity to mobilize, especially
via social media tools like Facebook and
Twitter. Recent events in Egypt,
Tunisia and Libya have shown the importance
of such social media in
mobilizing people to topple repressive
regimes.
Recently Rwandan President Paul Kagame went toe to toe with a
British
journalist who had called him ‘despotic’ on Twitter. Reports say
“for an
hour, the two men tussled back and forth in 140 characters or less,
jabbing
at each other in furious tweets in an unprecedented battle between a
head of
state and a social media user.”
The report said the duel
between the two “illustrates the growing political
impact of Twitter – and
the extraordinary sensitivity of the Rwandan
President, whose government has
expelled human-rights researchers,
imprisoned opposition leaders, shut down
newspapers, and often chased its
enemies beyond its borders.”
Although
only 3 per cent of Rwandans have access to the internet, Kagame
joined
Twitter in 2009 and has tweeted more than 900 times gathering more
than
13,000 followers.
A few politicians in Zimbabwe like Welshman Ncube have also
opened Twitter
accounts and are trying to build up a following.
And
one thing is for certain, repressive regimes can no longer control the
information flow in their country – no matter how hard they try.
http://www.swradioafrica.com/
By Lance Guma
17 May
2011
Every Tuesday SW Radio Africa will be looking at some of Zimbabwe’s
unsolved
and deliberately ignored cases of political violence, torture,
murder and
other forms of abuse, by people in positions of authority. Last
week we
looked at co-Home Affairs Minister Kembo Mohadi and the murder of
Strover
Mutonhori.
This week we focus on notorious state security
agent and ZANU PF
functionary, Joseph Mwale. Eleven years after being
implicated in the brutal
murder of MDC activists Talent Mabika and Tichaona
Chiminya, Mwale continues
to walk free and enjoys high level protection from
the Mugabe regime.
In the run up to parliamentary elections in 2000
Chiminya and fellow
activist Mabika, who worked as campaign aides to Morgan
Tsvangirai, were
brutally murdered when Joseph Mwale and Kainos
‘Kitsiyatota’ Zimunya petrol
bombed their election campaign vehicle during
an ambush in Buhera.
Sanderson Makombe who survived the ambush told SW
Radio Africa he escaped
into the bush and watched as Zimunya and Mwale threw
petrol into the car and
set it alight. Vastly outnumbered and faced with
thugs armed with AK-47
rifles he watched powerlessly as his colleagues
Mabika and Chiminya got out
of the car and ran ‘across the fields burning
like balls of flames.’
When the mob left he ran to Chiminya who was already
dead, but Mabika was
still alive and shouting out the names of her
attackers. She was to die
later in hospital.
In 2004 the regime
charged Mwale’s co-accused, Webster Gwama, Bernard Makuwe
and Morris Kainos
(alias Kitsiyatota). All three were indicted on two counts
of murder.
Tsvangirai at the time expressed reservations over what he saw as
a “token
prosecution” since the gang leader Mwale was being left out. He
said the
move was calculated to “confer future impunity by facilitating
acquittals
rather than ensure justice". The trial never took off anyway.
In 2006 we
reported how police were too scared to enforce a written order
from the
Attorney General’s office to arrest Mwale. Then High Court Judge
James
Devitte ordered Mwale be brought to trial for the murder. But instead
of
Mwale being brought to justice he was promoted within the Central
Intelligence Organization (CIO).
Reports suggested he was put in
charge of the President’s Office for
Manicaland Province and lavished with
several posh cars for his use. Nelson
Chamisa who was then MDC-T spokesman
told us; “Violence is perpetrated and
coordinated by the state and that’s
why Mwale is roaming free.”
The advent of the coalition government in
2009 gave hope that something
would be done. Then co-Home Affairs Minister
from the MDC-T, Giles Mutsekwa,
announced in November 2009 that; “We have
directed that all people with
criminal cases should be arrested, Joseph
Mwale included.”
Mutsekwa expressed confidence Mwale’s “honeymoon should
now come to an end”.
But like all things to do with the coalition government
ZANU PF maintained
their grip on the army, police and state security agency
and SW Radio Africa
understands that the docket relating to the Mwale case
has vanished.
Meanwhile Sanderson Makombe who survived the Mwale attack
told SW Radio
Africa on Tuesday that it was important for the MDC to conduct
memorials for
people killed in state sponsored attacks. He pointed to the
recent memorial
for murdered activist Tonderai Ndira as another way of
reminding people of
pending cases that needed justice to be done.
http://www.globalpost.com/
Press freedom is still a pipe dream in
Zimbabwe.
Zimbabwe CorrespondentMay 17, 2011 06:24
HARARE,
Zimbabwe — “Publish and be damned” is more than just an expression
in
Zimbabwe today, where the news media is restricted and under
threat.
President Robert Mugabe's government has issued licenses to a
raft of new
newspapers, as a result of agreements between the major parties
following
flawed elections in 2008.
Among the new batch of
publications are NewsDay, a daily published by Alpha
Media Holdings which
also publishes the Zimbabwe Independent and Standard.
Another prominent
new publication is the Daily News, owned by Associated
Newspapers of
Zimbabwe, which was closed down in 2003 for failing to comply
with the
registration clauses in the most notorious of Mugabe’s media laws,
the
Access to Information and Protection of Privacy Act (Aippa). Prior to
that,
the company’s printing press was destroyed in a bomb attack. Despite
the
state’s ubiquitous intelligence service nobody was ever charged.
The new
privately owned newspapers have provided a measure of diversity but
the
“public” media remains in the tight grip of the state’s unforgiving
propaganda apparatus.
“Zimbabwe’s media environment remains
threatened by legal and
administrative impediments.”
~United
States ambassador to Harare, Charles Ray
Government-owned papers have
exploited their hitherto dominance on the
market to act as cheerleaders for
Mugabe, 87, and to denigrate Movement for
Democratic Change leader Morgan
Tsvangirai. The two are currently locked in
South African-backed talks on a
new constitution. But Mugabe has used the
negotiations, now in their third
year, to block agreed upon changes and claw
back power lost in the 2008
poll. Most notably he has used the police, army
and intelligence service to
prop up his unpopular regime.
Journalists have been arrested and detained
for “undermining the authority”
of the president and for publishing the
names of state officials responsible
for torturing civic detainees, names
that had already appeared in court
papers.
Despite the proliferation
of new publications, Mugabe's regime has refused
to open up the airwaves. As
a result the only voice heard across the land is
Mugabe’s. There also
remains on the statute book a host of measures that
impinge on press
freedom.
“Zimbabwe’s media environment remains threatened by legal and
administrative
impediments,” United States ambassador to Harare, Charles
Ray, told a
gathering on Press Freedom Day, May 3. “Journalists and
publishers continue
to be under threat for doing their work with increased
self-censorship for
fear of criminal defamation suits.”
Zimbabwe’s
criminal defamation laws are a relic of empire, designed to
muzzle voices of
insurgent nationalism throughout Britain’s far-flung
dominions. Most former
colonies have repealed such legislation on the
grounds that it is
inconsistent with democratic norms. Currently, senior MDC
official Roy
Bennett is unable to return to Zimbabwe to take up his
government post
because the threat of prosecution hangs over him.
Mugabe's Media and
Information Minister Webster Shamu has called on
Zimbabwean journalists
working in the diaspora to return home. He has also
urged what the
government calls “pirate” radio stations transmitting to
Zimbabwe from
abroad to close down. But editors have said the state must
guarantee a
speedy and unobstructed passage for those who want to return and
an end to
hate-mongering in the state media.
Currently MDC leaders are subject to
vitriolic attacks by the Zimbabwe
Broadcasting Corporation (ZBC) and are
denied the right of reply. The
national broadcaster has in recent weeks been
attempting to shift
responsibility for violence to the MDC. But Bennett has
rejected this claim
as ridiculous.
“What we have in Zimbabwe,” he
told a business meeting in London, “is a
ruthless coterie of thugs, bullies
and incompetent individuals masquerading
as a political
organization.”
Zimbabwean human rights lawyer Beatrice Mtetwa believes
ZBC is incapable of
reform. Focus should instead be on newcomers, she
said.
“I doubt that ZBC in its current state and in our current political
environment can be transformed,” she said on Press Freedom Day. “The route
we ought to be taking is not transformation of ZBC but providing serious
competition to ZBC.”
Media practitioners want the Zimbabwe Media
Commission, which is responsible
for the licensing of newspapers and
broadcasters, to be more proactive in
removing media laws that obstruct new
players. They point out that it is now
two years since state and private
media representatives met at the lakeside
resort of Kariba to thrash out
reforms. There was consensus that Aippa
should go.
But that brief
"Harare Spring" has fizzled out as the state confines itself
to licensing a
handful of papers ahead of elections next year, and refuses
to permit
independent voices on the airwaves.
What is clear from all this is that
the public will be unable to make an
informed choice at the ballot box. As
that is what democracy is all about,
Zimbabwe’s future remains bleak in the
short term.
By Clifford
Chitupa Mashiri, 17/05/11
The late Senator Chief Rekayi Tangwena who
resisted forced removal of his
people from Gaerezi Ranch must be turning in
his grave at the news of what
has befallen Chiadzwa people of Marange. What
is astounding is the rich
irony and Zanu-pf hypocrisy in the whole
saga.
In its tribute to Chief Rekayi Tangwena who died aged 74, Zanu-pf
says: ‘He
was Chief of the Tangwena people of Nyanga who resisted removal
from their
land in the Gaerezi area during the illegal Smith regime era…All
attempts to
break his iron will, all efforts to terrorise the old man and
his flock were
futile…’ (www.zanupf.org.zw).
However, on the
flip side, Mines Minister Obert Mpofu was quoted last week
as saying: ‘Where
do you think we will get the money to compensate them
(about 300 villagers
from Chiadzwa) when the same people who are advocating
for the ban of sales
of our diamonds are the same who are pushing for the
government to
compensate villagers?’ (Zimeye, 14/05/11). To add salt to
injury, the
villagers’ representative Malvern Mudiwa was recently arrested
and charged
with criminal nuisance for influencing the community.
As if that was not
enough, the Herald reported Monday that ZMDC was going to
‘probe’
Sino-Zimbabwe, a joint venture mining company in which it is a
partner with
China on behalf of the Government of Zimbabwe after it
suspended operations
and laid-off most of its workers for what ZMDC says
were difficulties in
selling their diamonds due to ‘unfounded human rights
abuses’ (The Herald,
16/05/11).
It appears the villagers are now being used as ‘human shields’
in the
politics of the Kimberly Process Certification Scheme following
reports
Tuesday that scores of disgruntled villagers were removed from
Chiadzwa on
Saturday and Sunday to pave way for mining operations amid
disagreements
over compensation and corporate responsibility activities
(Newsday, ‘More
Chiadzwa relocations spark row,’17/05/11).
Those who
were relocated a year ago to ARDA Transau in Odzi have complained
that they
were living in abject poverty after promises by Zanu-pf
authorities of
decent accommodation, proper health and education facilities
failed to
materialise (The Zimbabwean, 13/02/11). They were promised a new
China town
which never was.
The villagers were given US$1000 per family by a Chinese
mining company
Anjin as compensation, but regard it as a mockery after being
‘dumped’ at
the 12000 hectare farm which has been looted and stripped
allegedly by
Zanu-pf top officials.
Nobody would be convinced that
the Chinese cannot pay the villagers
US$50,000 compensation per family
following revelations that China is
‘pumping’ US$98 million (The Zimbabwean,
15/05/11) into the completion of a
spy centre at Chitamba Farm in Mazowe
Valley. The spy centre’s coincidence
with elections is
worrisome.
Chiadzwa villagers may not even know what is happening in the
world after
Robert Mugabe’s regime resumed jamming news broadcasts from SW
Radio Africa
in August last year. In 2005 Mugabe’s regime began jamming the
UK based
station’s frequencies using equipment and expertise provided by
China
(swradioafrica.com, 02/09/10).
It is therefore, safe to
conclude that Zanu-pf has imposed targeted
sanctions on Chiadzwa villagers.
I remain to be proved wrong.
Clifford Chitupa Mashiri, Political Analyst,
London,
zimanalysis2009@gmail.com
CONSTITUTION WATCH
CONTENT SERIES 2/2011
[16th May
2011]
Executive Powers
[Part I]
Introduction
In an earlier Constitution Watch we outlined
the doctrine of separation of powers between the three branches of government,
namely the Executive, the Legislature and the Judiciary. We noted that although
the doctrine shows how important it is for the three branches to be autonomous,
it does not deal with the nature and extent of the powers that each of those
branches should exercise within their own spheres. In this and subsequent
Constitution Watches we shall deal with the powers of the individual branches,
starting with those of the Executive.
The Executive,
which is the branch of government headed by the President, is currently the most
powerful of the three branches. The President and his Ministers control the
Defence Forces, the Police and the civil administration; they represent the
country in its dealings with foreign governments; and generally they are
responsible for running the day-to-day affairs of the country. The Executive is
the branch of government which impinges most frequently on the lives of ordinary
people.
What are the Powers of the
Executive?
Under the present Zimbabwean Constitution,
the Executive’s powers can be grouped roughly into the following
categories:
· Power over the Legislature, namely the
power to summon, adjourn and dissolve Parliament, and the power to appoint
members of Parliament.
· Power over the Judiciary, namely the power
to appoint judges and other members of the judiciary.
· Power to appoint members of the Executive,
namely Cabinet Ministers and administrative officers such as public
servants.
· Power to appoint ambassadors and members of
constitutional Commissions.
· Power over the security forces, namely the
Defence Forces and the Police.
· Legislative power, namely the power to
enact legislation.
· Power to declare war and make peace
· Miscellaneous powers, such as the exercise
of the prerogative of mercy and the power to confer honours and
precedence.
In addition
to the specific powers mentioned in the Constitution, the President is vested
generally with “the executive authority of Zimbabwe” by section 31H(1). This
seems to give him power, through his Ministers, to run the general
administration of the country.
The Global
Political Agreement [GPA] has not altered the nature of these powers, though it
has made some changes to the persons who can exercise them [i.e. the President
or Prime Minister or the Cabinet] and the way in which they are exercised [i.e.
with or without consultation].
Need for restraints on Executive’s
powers
The
fundamental issue facing the Constitution Select Committee [COPAC] in its
preparation of a new constitution for Zimbabwe is how to limit the powers of the
Executive so as to create a real democracy with a proper balance between the
three branches of government, while at the same time ensuring that the country
is run efficiently. The question of who should be vested with executive powers
— President or Prime Minister — though an important one, is not so crucial.
If there
are too few limits or safeguards on the exercise of executive power then the
country may develop into a dictatorship, whether the power is exercised by a
President or a Prime Minister; too many restrictions, on the other hand, may
lead to governmental paralysis and anarchy.
It is
obvious, particularly in the light of Zimbabwe’s history, that constitutional
restraints must be imposed on the powers of the Executive, whether those powers
are exercised by a President, a Prime Minister or a Cabinet of Ministers. The
reason is clear: power tends to corrupt, and absolute power corrupts
absolutely. The fewer restraints there are on Executive powers, the more likely
it is that those powers will be exercised corruptly or in such a way as to
violate peoples’ rights, and the more likely it is that the Executive will try
to extend its powers unlawfully.
On the
other hand, it is unwise to restrain the Executive too much. The Executive must
be able to govern the country, which means not only managing its day-to-day
affairs but also coping with crises when they occur. The Executive must be able
to act promptly and effectively in a crisis, though not necessarily unilaterally
or in such a way as to violate peoples’ fundamental rights and freedoms. Crises
have overwhelmed even old-established democracies such as France: in 1958 the
French Fourth Republic proved incapable of dealing with the Algerian war and had
to give way to General de Gaulle and the current Fifth Republic. Crises are
particularly dangerous for a young democracy such as Zimbabwe, and the
institutions of State must be strong enough to overcome
them.
Where the
constitution requires the Executive to co-operate with other branches of
government, it should contain provisions that facilitate such co-operation in
order to avoid the governmental paralysis or gridlock that has occurred recently
in the United States, where President and Congress cannot agree on a budget to
deal with the financial crisis of 2008.
So a
balance must be struck between an Executive whose powers are limited to prevent
it evolving into a dictatorship and one which has enough power to govern
effectively.
Nature of
restraints needed
What sort
of restraints should the new constitution impose on the Executive, to give
Zimbabwe an effective government while preserving democracy, separation of
powers and the rule of law?
There are
several possible restraints, which may be grouped very roughly under three broad
headings:
· Restraints on the nature of the
powers that may be exercised by the Executive.
· Restraints directed at the
persons who exercise Executive powers.
· Restraints directed at the
way in which Executive powers are exercised.
We shall deal with each of
these topics in turn in Part II, Part III and Part IV of Executive
Powers
Constitution Watch 4/2009 of 27th June 2009 outlined the President’s
powers in the Kariba draft constitution. Soft copies of the Kariba draft
constitution are available on request. Soft copies of the NCA draft
constitution and the Law Society model constitution in which the powers are much
less extensive are also available on request. Please send requests to veritas@yoafrica.com
Veritas makes every effort
to ensure reliable information, but cannot take legal responsibility for
information supplied