Iz qula enzo u I G ze o n ir z it o a G M u
q a
j
u
n
l i
a
h
C
C
h
o
i
r n
i
t
j
i a
a
M
M
a
a
i j t i n r i o h C The Real Change Times Movement for Democratic Change A Party of Excellence! The Official Mouthpiece of the MDC
Tuesday 15 March MDC Information & Publicity Department, Harvest House, 44 Nelson Mandela Ave, Harare, Zimbabwe Issue 067: 2011 Zanu PF feels the pinch ... terror gangs desperate as world tightens grip on culture of impunity HARARE - The people of Zimbabwe “Zimbabwe has suffered from both Instead, the police launched an are happy to see Zanu PF punished for forms of impunity, which has led onslaught on the MDC, targeting senior its repeated violations of human rights to grave human rights violations by officials, legislators, Cabinet ministers through the abuse of sections of the allowing past perpetrators to commit and activists for further harassment. The security forces. future crimes, and it has undermined arrest of the party’s deputy treasurer faith in the government, the security and Energy Minister Elton Mangoma is They know that the international forces, and the criminal justice system.” a case in point. In addition, the police revulsion and punishment is on a select have placed their entire country into a Zanu PF leadership, and not the country. Zanu PF is determined to scuttle the state of anxiety as they are after all pro- transition through the use of gross democracy officials and activists. For nearly a decade, Zanu PF has violations of human rights, and a refusal cried foul over self-inflicted restrictive to investigate, prosecute, and remedy “The doctrine of superior or command measures on its top officials and is abuses. If anything, the scale of the responsibility imposes liability on desperately trying to pencil in the rights abuses increased sharply since superiors — with either de jure or de nation’s sympathy through a so-called January 2011. facto command — for the unlawful petition and infantile noises in a weak acts of their subordinates, where the attempt to distort the truth. The whole idea is muddy the waters and superior knew or had reason to know of prevent the people of Zimbabwe from the unlawful acts, and failed to prevent But the people have paid scant attention enjoying their newly found freedom to or punish those acts,” says the HRW to these forlorn efforts as the nation has complete the process to a fully fledged report, released last week. been at the receiving end of the Zanu democracy. PF terror campaign and dictatorship. The report noted that since independence Launched with so much fanfare two Torture and other forms of degrading in 1980, Zanu PF and Robert Mugabe weeks ago, the so-called petition treatment are still rampant, under the have used various amnesty and effectively failed to take off as there direction of elements in the security clemency provisions under the heavily remain sharp differences on the purpose hamstrung by the forces of yester-year current Inclusive Government, fails to sector and criminal justice system. amended Lancaster House constitution of the campaign. to act; to develop a framework for prosecute human rights abusers due to to unjustifiably prevent the prosecution national healing and reconciliation; and lack of capacity or a distorted political In 2009, the MDC compiled a list of or reduce the punishments of members Zimbabweans know that the world to protect the people, thus creating a will. violations and perpetrators and implored of the state security forces and Zanu has generally responded to their plight climate of impunity. onto the head of the police force and the PF allies responsible for serious human positively by averting a Zanu PF “De jure impunity occurs when laws Attorney General to act in the spirit of rights violations. induced genocide through the restrictive The situation Zimbabwe finds itself or regulations providing immunity or the Global Political Agreement (GPA). measures, implemented simultaneously today arises from the impossibility, in amnesty extend and strengthen the “Mugabe’s misuse of these provisions with generous donations of food, law or in fact, of holding perpetrators impact of de facto impunity by limiting The two officials, Commissioner- for partisan political purposes has medical supplies and other life-saving of human rights violations accountable. or making it impossible to prosecute a General Augustine Chihuri and the added to the pervasive climate of devices. perpetrator for human rights abuses,” government chief law officer, Johannes impunity in the country, keeping rights International human rights experts say says Human Rights Watch in its latest Tomana flatly refused to comply with violators in positions of authority and Contrary to the Zanu PF propaganda, de facto impunity takes place when the report. the request. sending a message that accountability is the nation’s largest and consistent state, such as the situation under the irrelevant,” says the report. To Page 2 donors have openly expressed their solidarity with the people and pledged to continue to do so until real change is realised.
Zanu PF initially thought it could ignore its obligations to international human rights edicts which place obligations on post-colonial regimes Mangoma touched raw nerve to undertaking prompt, thorough, and HARARE - The National Oil show how NOCZIM made donations to bought from Divine Homes (Pvt) Ltd examples include the following: impartial investigations of violations, Company of Zimbabwe (NOCZIM)! the Ministry when the company was in in its general ledger and management ensuring that those responsible for has been pulled down by financial financial distress. It shows ineffective accounts presented to EXCO and the Purchase of non income generating serious crimes are prosecuted, tried mismanagement, corruption and decision making by senior management, Board. assets such as the Gletwyn stands, and duly punished, and providing an deliberate misrepresentations by nona compliance with the provisions of expensive motor vehicles for effective remedy for survivors and senior management, an audit report the statute and inappropriate accounting We noted that on the total invoice value managers Donations to the MOEDP victims of state-sponsored callousness. by Ernst and Young has shown. records among many other findings. of US$444,230 only a figure of US$78 when the company was in financial 467 (paid in cash) had been recorded as distress. As the situation stand today, major The audit report reveals that some The report shows that NOCZIM did the cost of the Gletwyn stands while the Western nations have renewed the of the explanations given by top not accurately reflect the cost of stands balance of US$365.853 which was paid Non - performance of project viability restrictive measures on Zanu PF for its management on some questionable bought from Divine Homes (Pvt) Ltd. for in fuel has not been disclosed as a assessment before embarking on failure to show remorse and to repent, decsssions were not entirely correct” result in the asset register,” the report projects and not putting in place despite the fact the party was booted out and in some cases NOCZIM We noted that the information and says. projects monitoring mechanisms. management admitted that they had reports produced by NOCZIM Purchase of a motor vehicle for the of office on 29 March 2008. misappropriated funds”. management and submitted to the The following are some of the findings HR director for US$84 000 instead various stakeholders was inconsistent of the auditors: of a cheaper vehicle quoted at US$47 The continued acts of lawlessness, led The report titled: Draft Report on and at times did not show an accurate 000. by powerful remnants of the former the forensic audit of the National state of affairs at NOCZIM as shown Ineffective Decision Making Some ruling party, are a major threat to peace, Oil Company of Zimbabwe below,” the auditors said in their report. of the decisions made by NOCZIM Failure to prioritise ZIMRA stability and transformation – hence the (NOCZIM)”, unearths serious management did not bring optimal obligations Excessive travel and renewal of the measures. financial malpractices and outright As stated elsewhere in this report we benefits for the company and some of subsistence expense. lies told to the Ministry of Energy and noted that NOCZIM did not accurately these decisions that caused the financial The transitional government feels Power Development. The auditors reflect the cost of the 10 Gletwyn stands stress that NOCZIM ended up in Inaccurate presentation of facts To Page 3
Together, united, winning, voting for real change!
1 Zanu PF racist,
deadCAPE TOWN - MDC treasurer-general, later,- in 2008,Bennett MDC again won another of Zimbabwe, shall triumph, however Senator Roy Bennett, bared his soul last skewed election in Chimanimani, this long it takes. week and spoke openly about radical time by a much wider margin. “Don’t changes in race relations since the for one minute believe the results pre- “Indeed, since 2000, my life has been emergence of the MDC as a formidable sented by Mugabe’s fraudulent polling enriched in one sense, knowing that political player in Zimbabwe 11 years officers, more than one month after the the rural people of Manicaland have ago. event . The MDC won twenty-two of stayed strong, solidly supporting MDC the twenty-eight seats in Manicaland. through thick and thin. Hon. Bennett said he never had any po- Indeed, since 2000, my life has been litical ambitions. “I am a product of my enriched in one sense, knowing that Bennett took a swipe at big business and circumstances. Nevertheless, I will con- the rural people of Manicaland have appealed to that community to side with on—communities which are adjacent to community participation and for the na- tinue to participate and speak out in the stayed strong, solidly supporting MDC the people, especially the oppressed and mining developments, are not properly tional benefit which is endorsed by all interests of ordinary Zimbabweans.” through thick and thin,” he said. the down-trodden.Recent developments incorporated into structured entities as stakeholders, including the Zimbabwe in North Africa and the Arab world ‘indigenous partners’? Congress of Trade Unions. Addressing a business meeting in “For its part, Zanu PF knows it has lost have highlighted and stripped bare the Cape Town, Hon. Bennett took time all credibility in Manicaland and across duplicity and hypocrisy of many, he “There are such obvious long term ad- “As far as I know, ZCTU have not been to explain his personal history as a the nation. Our party’s urban support said. vantages to be derived from local com- invited in to invest in any shape or form. Zimbabwean and the changing world in base is now replicated in rural areas munity acceptance. In South Africa, the We in the MDC view the success of in- Chimanimani and the rest of Zimbabwe. the length and breadth of Zimbabwe. “The lessons for us all, and for those Royal Bafokeng example, goes some vestment companies in South Africa Early in 2000, Chimanimani asked Zanu Robert Mugabe’s recent pathetic appeal businesses you invest in, is that wide- way to address this issue. aligned to trade unions as an entrench- PF to field Bennett as its parliamentary to the people of Manicaland, to return spread social community acceptance ment of democracy in the workplace. candidate but Zanu PF – driven by hate to the arms of Zanu PF, gave me great is the fundamental prerequisite for However, my personal relationship and racism -- could have none of this, comfort and satisfaction.” sustainable long-term investment in with the people of Chimanimani on Hon. Bennett said the International Red simply because Hon. Bennett was a Africa—be it in Egypt, South Africa, our collective social agricultural ex- Cross was currently feeding starving white farmer. Nationally, Zanu PF insiders say the Zambia or Zimbabwe—or, for that mat- periment provides powerful evidence residents from Marange Communal party scored a mere 28 seats in the ter, anywhere in the world.” of the strength and value of community Lands, an area adjacent to the diamond “The people of Chimanimani March 2008 election. loyalty; it shows clearly the benefit of mines, “while a shameless, ruthless and subsequently took deep offence to Zanu Zimbabwe offers some of Africa’s most genuine local participation.” predatory elite plunder the resources PF rejecting me as their local candidate Hon Bennett said people power, sym- promising natural resources investment of the Zimbabwean people and use the in the 2000 parliamentary elections. bolised and embodied by the people opportunities. Impala Platinum, Anglo The MDC is in favour of a transparent, proceeds to inflict violence on them! Not that I asked to embark on a career American and Rio Tinto, and a host of simple community funding initiative The Kimberley Process is in complete as a politician. I can think of nothing other companies, are currently review- as an anchor and pillar of natural re- disarray.” worse, let me tell you! ing and expanding their investment sources exploitation – not an empower- portfolios. ment programme designed to enrich the He strongly criticised Old Mutual for “However, the Chimanimani elders and MDC treasurer - general, political elite. The anger of the people being one of the major shareholders of community leaders, after being rebuffed Sen. Roy Bennett has, for Against this positive scenario are Zanu of Egypt directed at all the symbols of Zimpapers, publishers of The Herald. by Zanu PF, dragged me to Harare to PF’s threats and bluster relating to enrichment by Mubarak’s family and “This dirty little rag plays a very real meet President Morgan Tsvangirai, the the second time, humiliated so-called forced company take-overs cronies should be heeded in Southern part in the butchery and battery of our recently elected leader of the newly- Zanu PF activist and AG through that party’s failed ‘indigenisa- Africa. He urged Zimbabwe’s private people. formed MDC. While offended by Zanu Johannes Tomana when the tion’ policy.These threats amount to no sector never to bow down to Zanu PF PF’s arrogance, the elders were not more than the ZANU-PF equivalent pressure and cede their stakes while un- “If this were 1994, I might well urge surprised — they had expected me to case Tomana fought hard of a 1920’s-style Chicago Mob shake- der political duress. Old Mutual to go ahead and invest in be rejected and had made contingency to prosecute was thrown down, said Bennett. that mouthpiece of the Hutu extremists, plans,” he said. out for lack of merit by the “Face the regime down or force them RTLM. The fundamental differences “This destructive and counterproduc- into open and into outright theft. Please between Hutu and Zanu PF propaganda “President Tsvangirai welcomed me Supreme Court. tive strategy is a blatant ploy to enrich don’t legitimise extortion at the expense are scant.” and the people of Chimanimani into a politically corrupt elite—an elite re- of the people,” he said. the arms of the party. To say that my Tomana took it upon himself jected by the people. It goes without The MDC sees a political transition as a “Better to lose what you have and re- calling. “We want and need a process of family’s life has been a roller coaster to lead the prosecution of saying that any process of enriching ride since then is obviously one hell individuals or companies connected to gain it later than to sleep with a serial electoral reform that will give citizens of an understatement! But the people Bennett on the trumped this infamous criminal syndicate will be rapist and killer! If you do so, remem- the right to campaign and vote peace- of Chimanimani, Manicaland and up charge of banditry and nullified once the MDC are in power.” ber that he will not only beat and mur- fully. Zimbabwe are my daily inspiration.” terrorism, only to lose at der the neighbours, he will turn on you Zimbabwe’s wonderful investment op- in due course and you will be pitied by “I can assure you all that, with these Expectedly Zanu PF was duly punished the end of the marathon portunities favour the brave. no-one. You cannot squeal if you have building blocks in place—and with the in Bennett’s ground-breaking victory High Court trial which most been playing along.” necessary international observers pres- against racism. “It’s like the ANC fac- Zimbabweans viewed as “A word of advice, though,” cautioned ent and on the ground well in advance ing defeat in the Eastern Cape, or La- Bennett. “Why is it that local commu- When it comes to engagement, manage- of elections—MDC will win a huge bour losing Scotland to the Tories!” purely an act of harassment nities—not only in Zimbabwe, but also ment in companies like Impala Plati- majority. quipped Bennett. Nearly a decade and intimidation of the in South Africa, Congo, Zambia and so num need to initiate a structure for local senior MDC official.
When the High Court Constitution-making acquitted Bennett without even putting him on his process back to life ZanuFrom Page 1 PF feels the pinch defence, Tomana appealed to the Supreme Court. On COPAC Chair Hon Douglas Mwonzora This was put in place despite the and kidnappings committed by Zanu they failed or refused to file criminal MP has rejoined the Constitution- Thursday, the Court once incompatibility of amnesties and PF supporters, youth militia and state complaints by victims of political making team after the exercise was again dismissed Tomana’s clemency orders with any government’s security forces,” says the report. violence, especially from the MDC and placed in jeopardy and delayed by his case saying prospects of a international obligations as defined by civil society. arrest and detention on allegations of successful appeal were zero. the UN Human Rights Committee. For “Clemency Order No. 1 of 2008, issued The reality now is that a report to the police is a futile exercise as the public violence. The court said: “After that reason, Zanu PF may try anything in June 2008, covered those arrested under the book to whip up a sentiment between March 29 and June 16, 2008, perpetrators are neither investigated nor the learned judge ruled, against restrictive measures and would from the day of the general elections to disciplined. Hon. Mwonzora and 22 others were quite correctly in my view, initially taken before the Nyanga never succeed. the eve of the presidential run-off. inadmissible the confession Zanu PF, which is in charge of the magistrate on 18 February. of Peter Michael Hitchmann The party may have to forget that it will Among other things, it granted security ministries and the judiciary and the e-mails, there was get away with its soiled past. indemnity to all prisoners convicted under the GPA, has routinely They were granted bail but the of culpable homicide and given a undermined justice through partisan literally no evidence linking prosecutor immediately invoked the At home, the people shall remain determinate sentence as of June 16, judicial appointment, disregarding high notorious section 121 of the Criminal the accused to the crimes he resolute to punish them at every turn. 2008, thus covering those who were court orders and threats. Procedure and Evidence Act, giving was charged with.” Elsewhere, nothing will change until convicted of acts such as torture and notice that the State intended to appeal sanity assumes centre stage in Zanu abductions, excluding murder, rape, To world’s knowledge, there have to the High Court against granting Bennett was acquitted at PF’s behaviour. and fraud. been no serious investigations let alone of bail and thereby suspending the the close of the state case prosecutions for the serious crimes that magistrate’s bail order for seven days. For more than two decades, Zanu PF Most abuses committed by Zanu PF took place during the past 30 years. on charges of possessing is notorious for abusing Mugabe’s supporters, officials and soldiers took The appeal was delayed until 7 March; weaponry with the presidential power of clemency to place in the period between the general The police have an unexplained habit of only to be postponed to 9 March after intention to commit an act excuse its activists for violence against elections in March and the presidential ignoring protest notes from civil society presiding judge Justice Mavangira of insurgency, banditry, the people. run-off on June 17, 2008.” and political parties for legal recourse. discovered defects in the record of sabotage or terrorism. proceedings in the magistrate’s court Tomana failed to lead the Mugabe issued Clemency Order No. 1 In addition, the criminal justice system For example, in November 2010, and insisted that they be put right before of April 18, 1988, “with respect to all has promoted impunity by rarely lawyers for Zimbabwe Lawyers for evidence he claimed to have the hearing continued. human rights violations committed by providing justice for serious human Human Rightswrote a letter to Tomana against Bennett. the state security forces and so-called rights violations. and the police to investigate political The hearing resumed on Wednesday, dissidents between 1982 and the end of violence cases in Muzarabani district. continued on Thursday, and on Friday With that acquittal, Hon. 1987.” “The police and judiciary are severely Tomana ignored their letters, describing the judge dismissed the State’s appeal, Bennett still finds it hard to compromised and have largely ignored them as “political and trivial”. thus confirming the magistrate’s order return to Zimbabwe as he This specifically covered the crimes calls for investigations into past and granting bail. committed during the Gukurahundi era recent human rights abuses,” says the On August 20, 2009, the MDC gave is likely to be arrested on in Matabeleland and the Midlands. report. Tomana a list of 183 victims of political another fake charge. He is But it was not until late Saturday killings by name and location of the morning that Mr Mwonzora and the currently in exile. “In October 2000, Mugabe issued The MDC is tired of police officers who killings. He refused to take action, even others were eventually released from Clemency Order No. 1 of 2000, often turn away complainants, arguing to acknowledge receipt of the complaint Mutare Remand Prison. which granted general amnesty for that the violations were political. in his official capacity. To Page 2 all political crimes, including torture Police have unashamedly claimed that
2 Tomana in fresh controversy HARARE - Johannes Tomana, the TIZ cited, in a report, four cases in prosecutions where the facts and the of the Attorney-General’s Office, lawyer Zanu PF insists is the most which Tomana must explain decisions law demand that there be a prosecution, Mugabe simply stated that the state Mercy Dube, (the prosecutor), suitable for the post of Attorney pointing to serious abuse of authority as but includes the prosecution of persons had lost interest in the case. No further withdrew charges after plea against General and was unilaterally appointed the Zimbabwe government’s chief legal where the facts and the law do not justify details were made available to the court Bright Matonga,” says the TIZ. against the letter and spirit of the Global adviser. a prosecution. A public inquiry would as to how this had come about. Political Agreement is again under help unearth even those cases that are The manner in which the AG’s Office spotlight for a series of controversies The cases involve the acquittal of covered up before they are made public.” In a separate case, Tomana handled dealt with Mavros, said to have arising from questionable decisions he Mhondoro-Ngezi MP Bright Matonga, two charges involving Matonga in a been found with gold valued at $255 has taken over the past two years in at former acting medical superintendent Basile was let off the hook after facing suspicious manner. Matonga, a former 501,67 without a licence is another least four high-profile cases. for Bindura Provincial Hospital, 367 allegations of converting 5 025 chief executive officer at Zupco, was case in focus. Again, law officer Beauty Basile, former Zupco chairman, litres of diesel and 9 982 of petrol. charged with corruption arising from Michael Mugabe simply directed the So serious are the allegations that Charles Nherera and an alleged irregular purchases of buses for the prosecutor off the case, leaving Mavros Transparency International Zimbabwe illegal gold dealer, Patrick Mavros. “The trial was, however, brought to company, but the matter later fizzled to mind his own business without (TIZ), an anti-corruption pressure a premature end when on the 24th of out and was never pursued to its logical any charge hanging over his head. group, has called on the Judicial “The cases .... have been chosen as November 2009, Michael Mugabe, conclusion. Services Commission, the Law Society samples for no other reasons than a chief law officer in the Attorney- “Instead, his main reason for directing of Zimbabwe, the Anti-Corruption that they are in the public domain and General’s Office, issued an internal Before he became the AG, Tomana’s that prosecution be declined is that the Commission, the Parliamentary were therefore easy to access. They memorandum to Karimuriwo, the law firm represented Matonga. Ministry of Mines failed to grant Patrick Portfolio Committee on Justice and show unbridled abuse of power by the prosecutor-in-charge at Harare Mavros a licence after he had applied the Zimbabwe Republic Police to Attorney-General’s Office,” says the Magistrates’ Court, instructing him “In December of 2008, Johannes for it several times,” says the report. investigate Tomana over allegations of report. to stop the trial in terms of Section Tomana was appointed the Attorney- corruption and abuse of office. 9 of the Criminal Procedure and General of Zimbabwe. A month later, For a full report, kindly visit www. “The abuse is not limited to stopping Evidence Act,” the TIZ report reads. on 23rd January 2009, an officer mdc.co.zw
FromMangoma Page 1 touched raw nerve at Noczim We noted some of the explanations The audit reported added that: a Chief Samambwa. He is detained at provided by NOCZIM management Kwekwe Remand Prison. to the Board and the MOEPD did not Based on the information we reviewed fully represent the full picture of the that the claim by NOCZIM is outside the Gokwe Kabuyuni MP, Hon. Costin transactions or what actually transpired. period during which the ZIMRA debt Muguti who was arrested last week is said to have arose. Legally ZIMRA on political violence charges and was In particular the explanation provided import duty was payable in Zimbabwe remanded in custody after the State by NOCZIM management on the dollar in the pre-multi currency era invoke the draconian Section 121 of reasons for nonapayment of ZIMRA therefore any unpaid ZIMRA obligation the Criminal Criminal Procedures and duty was not entirely correct. It was for uplifts from the Zimbabwe dollar Evidence Act that denies one freedom only correct to the effect that NOCZIM may be claimed as such. although bail would have been set. admitted that they had misappropriated funds they were holding in fiduciary NOCZIM may or may not still receive At Harvest House, the MDC capacity on behalf of ZIMRA and the the full US$18 million locked up at headquarters, 30 police officers GoZ,” the auditors said. RBZ but the ZIMRA duty claim is not besieged the offices at around 7pm last valid. Outside the explanation from night and arrested three staff members Other inaccurate statements provided NOCZIM regarding the ZIMRA duty – Desmond Ncube, the MDC Youth by NOCZIM: locked up at RBZ. Assembly coordinator, two security officers, Trust Phiri, Hebert Murori In a paper on suggested solution to NOCZIM and RBZ had agreed to setoff and seven MDC youth activists from challenges faced by NOCZIM which the US15.1million. RBZ initially agreed Chitungwiza province. was presented to the MOEPD the total to NOCZIM accessing 14 million litres cost of land and buildings acquired was of diesel at a price of US$1.20/litre to They are facing charges of assaulting disclosed as US$134.370 only yet the settle the full debt of US$15.1 million and stealing from a Mufakose man. purchase of the Gletwyn stands was but NOCZIM went on to access 27.5 US$444.230. million of RBZ diesel at a price of In another persecution of MDC MPs US$0.42/litre valuing it at US$11.5 The prison officers on Sunday denied tenets of decency. His arrest is an and officials, Nyanga North MP, Hon. The dead stock composition as at 30 million thereby leaving a debt of Hon. Mangoma’s relatives and senior assault on the GPA.” Douglas Mwonozora and 23 activists June 2010 include, 2.4 million litres US$3.6 million still owing from RBZ. MDC officials a chance to see him after were last Friday released on a US$50 described by NOCZIM management as they visited him saying they had orders Hon. Mangoma, just like Hon. bail each by High Court judge, Justice being untradeable interface. However RBZ did not approve of from above to do that. Mwonzora, Munyaradzi Gwisai and Susan Mavangira. NOCZIM accessing 27.5 million of Hon. Rodgers Tazviona, are all innocent The auditors also noted that NOCZIM its diesel (at US$0.4 as settlement Addressing a press conference at victims of a barbaric and senseless There were arrested last month on false does not have separate bank accounts translating to US$11.5 million) and Harvest House last week, President dictatorship,” said President Tsvangirai. charges of political violence and were for funds on behalf of other institutions requested NOCZIM to return the Tsvangirai said Hon. Mangoma’s arrest detained at Mutare Remand Prison. except for the debt redemption fund”. accessed diesel as shown in a letter was barbaric and senseless. Meanwhile, the bail application by They were ordered to report once a dated 24 April 2009. As a result the Zhombe MP, Hon. Tazviona and four week at a police station. All these funds are deposited into swap arrangements were cancelled “His arrest is nothing but a continuation other MDC members has been set for NOCZIM operated bank accounts and now RBZ owes NOCZIM US$18 of the calculated assault on the people 23 March at the High Court after the Hon. Mwonzora is one of the and NOCZIM CEO, (both former million. of Zimbabwe. lawyers made a bail application at the chairpersons of Copac and his and currently acting Mr Churu, Mr High Court yesterday. incarceration was seriously affecting Mashange, Mr Revanawako and Ms From our understanding and review in “The fact that a Cabinet minister can be the Copac’s business. Mangezi) had overall authority to the same manner NOCZIM may not use arrested by a constable is a reflection of Hon. Tazviona was arrested last month decide on the use of these deposited funds from the debt redemption funds Zanu PF’s total disregard to the basic on trumped up charges of threatening funds and to determine which payments to pay ZIMRA or any other creditors, to prioritise,” the report says. ZIMRA may not legally garnish the debt redemption funds that do not The audit report also says that since belong to NOCZIM but to the GoZ. NOCZIM is a collection agent for ZIMRA, ZINARA and the GoZ (in the ´We confirmed that the signatories to Constitution-making process back to life case of levies) they have fiduciary duty the redemption account are Mr (Justin) From Page 2 to remit all funds and used them for Mupamhanga representative from the They had been in custody for 24 to be transparent if the end result other purposes in breach of the principal MOEPD, Mr Sikwila and Mr Mhaka. days in total. was to be acceptable. agent relationship which could bear Authority from the MOEPD should be legal implications especially given the sought whenever NOCZIM wants to Given the consensus basis on One of the points made was that fact that NOCZIM also did not remit use the funds to redeem debt incurred in which COPAC operates and the raw data from the outreach the full levies to ZIMRA as they were the procurement of petroleum products. supposed to. Hon. Mwonzora’s absence has process should be made publicly We also noted application of the funds inevitably had a profound effect available to enable civil society Secondly the balance of US$2 million for any purposes outside redeeming on the exercise and led to the organisations and other interested that was paid in the current period NOCZIM’s debt should be authorised postponement of the resumption parties to carry out independent may not be directly linked to ZIMRA by the Secretary in the Ministry of of the uploading and collating of checks on the data. funds diversion as NOCZIM CEOs Finance,” the auditors said. the data from the outreach process. simply gave instructions to make COPAC is now working on payments from funds available in NOCZIM has for the past decade This has had a knock-on effect, Back at work the next stage, – the thematic NOCZIMPs bank account except the been one of the parastatals used by setting back the start of the next Re-uploading started on 10 March. committees meetings to analyse debt redemption without identifying the senior government officials to milk phase involving the thematic the data from the outreach process sources of the funds. public funds. The parastatal has been committees. and prepare their reports for the perpetually broke and failed to import It was originally scheduled to start on 7 March, the re-uploading exercise was drafters. Given the nature of accounting for fuel into the country. During the outreach process, ZIMRA funds done by NOCZIM, it postponed to 10 March to allow for is not possible to establish whether Against the above background, Hon data was captured for each and Hon.Mwonzora’s expected return to But it has given no indication yet or not the funds deposited into their Mangoma was arrested last week every meeting in through video duty on that day, but went ahead even how long this stage will last. The bank accounts are for other institutions Thursday on trumped up corruption recordings and on tape. though he was still in custody. He was government has already released except for the debt redemption which charges and he was at Harare Remand released on Saturday. US$5 million needed for the is deposited in to a separate account by Prison after the State indicted him on Data uploading and collating exercise. ZIMRA. Friday. eventually got under way from At the beginning of the constitution- 11th to 25th January, in Harare. making process, civil society stressed to Addition source of information: This indicates that NOCZIM then used The High Court on Tuesday granted Veritas funds meant for ZIMRA in their day to Hon. Mangoma bail of US$5 000. COPAC the need for the whole process day operations,” it says.
3 High Court overturns MDC meetings ban Crisis director free, but... Parliamentary business BULAWAYO – High Court Judge is wholly or partly in the open,” read the Justice Nicholas Ndou has overturned a application. The head of the Crisis in Zimbabwe The House of Assembly has adjourned papers before depositing them in the Coalition, McDonald Lewanika, to Tuesday 22nd March police ban on Movement for Democratic ballot box and, as the vote was 110 was arrested on Saturday as the to 98, these six votes would not have Change (MDC) meetings to prepare for The Act defines a public place as “a police maintained a hardline The Senate has adjourned to Tuesday altered the result. the party’s forthcoming congress. throughfare, building, open space or stance on pro-democracy activists. 29th March any other space of any description to Chief Justice Chidyausiku and Justices Lawyers for the party said they were which the public or any section of the He was released on Monday Supreme Court Nullifies Election of of Appeal Ziyambi and Paddington after being charged with what forced to petition the High Court to public have access, whether on payment Speaker Garwe made up the majority; Deputy intervene after the police banned MDC or otherwise and whether the right of the state said was an offence classified under a code known as Chief Justice Malaba and Justice of meetings, a decision the party described admission is reserved thereto”. On 10 March 2011, the Supreme Court Appeal Sandura dissented and would as an undeclared state of emergency. “criminal nuisance”.On Tuesday, he was ordered to report back at set aside the August 2008 election of have dismissed the appeal. “What the applicant was conducting Chitungwiza Police Station for Hon. Lovemore Moyo as Speaker of In their application, which was granted was a private meeting within private unknown reasons. the House of Assembly. It has taken the What the judgment means is that there is by Justice Ndou last week, the lawyers premises. It was not at a public place court system an inordinate time to reach now a vacancy in the office of Speaker. argued that the draconian Public Order neither was it for the public,” argued Initially police said Lewanika was a final decision on this case of great And, the House of Assembly must and Security Act (POSA) only required the MDC lawyers. in possession of 300 shirts and public importance. not transact any other business until a political parties to notify police stencils which they allege were new Speaker has been elected [section whenever they were to hold public The party, which has seen an upsurge in supposed to be used by unknown Hon. Moyo, the MDC national 39(10); House of Assembly Standing meetings and public gatherings and not the crackdown of its top members and young people at a music concert. chairman, was elected Speaker on 25 Order 16(1)]. private meetings. ordinary supporters, said the ban on its August 2008. A case to nullify the The unidentified youths were meetings would disrupt a May congress assumed to have intended to print election was brought against the Clerk The position of Deputy Speaker is not “The Act does not envisage a situation that could see a change in parts of its anti-government messages on the of Parliament, who had conducted the affected. Mrs Nomalanga Khumalo’s where political parties seek authority leadership. shirts alleged to have been found election, and against Hon. Moyo, as the election to the post of Deputy-Speaker or notify the Respondents whenever with Lewanika. person declared elected. took place immediately after the they have private meetings within their “Applicant has several meetings Speaker’s election but has not been the offices regarding internal issues. planned ahead which are essential for The concert was held at the The case was brought in September subject of a court case, so she remains the upcoming party congress. Aquatic Complex in Chitungwiza 2008 by Jonathan Moyo (Zanu PF), and in office although she cannot act as The Act clearly defines a ‘public and organised by a separate three other MP’s – Moses Mzila Ndlovu Speaker in the House while the position gathering’ as ‘a public meeting or a “The Respondents have already given organisation. Lewanika said [now Minister of State in the Organ for of Speaker is vacant. he was going to the concert to National Healing], Patrick Dube and public demonstration’. themselves authority that they do not distribute t-shirts to young people, have by disrupting an internal and Siyabonga Ncube (all from the former When the House of Assembly returns but not for anti-government group headed by Author Mutambara). on Tuesday, 22 March – or earlier, It also defines a ‘public meeting’ as ‘any private meeting purportedly under the purposes. But he was arrested in meeting in public place or meeting with Public Order and Security Act. Zengeza around 4pm and taken if it is specially recalled – its first the public or any section of the public is to the police station. Their complaint was that the election order of business must be to elect a permitted to attend whether on payment “There is a strong possibility that had not been conducted by secret ballot, new Speaker. The election will be as required by House of Assembly or otherwise, but does not include a the Respondents will continue to “The idea was to give people conducted by the Clerk of Parliament, Standing Orders, because some MDC-T as was the election the Supreme Court meeting of any organ or structure of stop Applicant’s meetings, thereby t-shirts and spray paint and allow MPs had shown their unfolded marked has just upset. a political party or other organisation prompting the Applicant to seek an them to write their own messages. It was part of a creative exercise. ballot papers to colleagues before held in any private place whether or not order on an urgent basis.” The police did not believe that. depositing them in the ballot box. The Those eligible for election are persons They started accusing me of case was heard in the High Court by who are or have been members of wanting to hi-jack a musical Justice Patel in July 2009 and he handed the House of Assembly and are not concert and turn it into a political down his judgment on 26th January members of the Cabinet, Ministers or Time to return home - gathering,” said Lewanika. 2010, dismissing the case. Deputy Ministers. Hon. Moyo remains the MDC candidate for the post. “They are alleging I was going to instruct the young people The plaintiffs immediately lodged an UK tells Zimbabweans who were at the venue to write appeal to the Supreme Court. The case The party believes Hon. Moyo acquitted LONDON - Up to 10,000 failed asylum was to be lifted but the Home Office had to very political messages, possibly was heard in the Supreme Court on 21 himself extremely well during the two seekers face being returned to Zimbabwe wait for the outcome of the Upper Tribunal against the government.” September 2010 and judgement was years he worked as Speaker and does after the Home Office lifted a near five- ruling before acting. given on 10 March 2011. not wish to re-assign him to another year ban on removals. Lewanika said he did have some post. There are an estimated 10,000 failed The country’s most senior immigration Zimbabwean asylum seekers in the UK, t-shirts and wristbands in his car, The Judgment: The Supreme Court judge yesterday ruled it was now safe of which around 3,000 have exhausted all which had the slogan ‘Abasha upheld the appeal by Jonathan Moyo During his tenure, the House of to return people to the majority of the appeals and challenges. Posa’ (‘Down with POSA’) and the other MPs against Justice Assembly performed its functions country. printed on them. Patel’s dismissal of their case. with honour and introduced a new The court stressed it may still be too work culture. Portfolio committees Mr Justice Blake, president of the Upper dangerous to send people back to some However the bulk of the t-shirts Tribunal for immigration and asylum, rural villages or other pockets where they The judgment has the effect of nullifying were up and running, making the sitting with two other judges, revised may still face a serious risk of persecution. were blank. POSA (Public Order Hon. Moyo’s election as Speaker. oversight mandate of the Lower House and Security Act) is a widely formal guidance for sending to Zimbabwe an effective tool for ensuring public paving the way for removals to start Matthew Coats, head of immigration at the despised law, which the police immediately. UK Border Agency, said “We welcome the have been using to ban public The five judges of appeal were split accountability. court’s findings. The UK Border Agency meetings or rallies by those 3-2, with the majority accepting the Forced removals to Zimbabwe were will continue to consider all asylum opposed to Robert Mugabe and appellants’ argument that the election The MDC, through its chief whip suspended in September 2006 because applications from Zimbabwe on their his ZANU PF. had not been conducted by secret ballot Innocent Gonese, made a ground- of growing concerns over human rights individual merits and with enormous care. abuses by the Robert Mugabe regime. as required by House Standing Orders. breaking achievement by allowing “We prefer people who are here illegally Lewanika was released about for a private member’s bill seeking to But the country is considered safe to leave voluntarily and we offer seven hours later, on condition The dissenting opinions were that amend the Public Order and Security following the formation of an ‘inclusive’ an assistance package to help them that he surrendered his car and although electors had a right to keep Act (POSA).The Bill has since passed government. reintegrate into their home country. For the t-shirts. On Monday he was their vote secret it was also within their through all the stages in the Lower those who choose not to do so, it becomes told that he was charged with Damian Green, the immigration minister, necessary to enforce their departure.” - rights to tell others if they so wished; House and awaits a nod of the Senate signalled in October that the suspension Telegraph ‘behaving in a way that can besides, the evidence established that before it becomes a law. disrupt peace,’ under the Criminal a mere 6 out of 208 MPs voting had Law Codification Act. displayed their unfolded marked ballot Additional Source:Veritas
BabiesFor the avoidance of doubt,on The the Real Change voters’ Times Online publishes roll: a list of the names of childrenevidence born after 2006 who appeared in Zimbabwe’s voters’ roll used in the March 2008 election.Although the MDC is unable to ascertain whether the toddlers voted in March 2008, the party has it on good authority that somebody cast the ballots in the name of the “child voters” to inflate Zanu PF’s winning margin in the sham 27 June 2008 run - off in which Robert Mugabe was a sole contestant after President Tsvangirai withdrew from the race because of widespread murders and violence.
Last Name First Name Sex DOB Ward No. Constituency Address CHINEKA MUKAI F 01/01/2003 10 GUTU NORTH VIL ZINYAMA CH CHITSA GUTU KAULO JANE MUNASHE F 14/08/2003 3 ZVIMBA SOUTH KH MATRE CH ZVIMBA MATUNGA ELSON M 13/09/2003 10 MARONDERA WEST ZINATSA VIL HDM SADZA CH NENGUWO MARONDERA CHIKWENHERE FRANCIS M 31/12/2003 19 MUTOKO EAST KL MURANGWA CH CHIMOYO MUTOKO KAMUTSAMOMBE WILLARD M 05/03/2004 8 HURUNGWE NORTH VIL CHUNDU HM CHUNDU HURUNGWE MUCHUCHU SHIRLEY TINASHE F 09/05/2004 38 KUWADZANA 3949-101 ST, KUWADZANA 5,HARARE MUSHOVE MAZIVA F 20/05/2004 5 BUHERA WEST GOMBIRO VIL CH MAKUMBE BUHERA TARUWONA ALFRED M 29/05/2004 5 GOKWE SENGWA VIL MAZHARA HDM NGOMENI CHIEF SAI GOKWE SOUTH ZANANDA DAMBUDZO F 29/05/2004 02 CHAKARI 13 MILANWOOD FARM KADOMA MASILELA DARKWELL M 14/06/2004 3 INSIZA SOUTH VILLAGE SIYAPHANSI HDM MASILELA CHIEF SIBASA INSIZ MASENGU KETAI F 15/07/2004 12 GOKWE SESAME VILLAGE MUDZIMIRI CHIEF NEMANGWE GOKWE SOUTH NDADZUNGIRA WILMA F 02/08/2004 4 CHIMANIMANI WEST NYORE VIL CH MUTAMBARA CHIMANIMANI MATIKITI NAISON M 28/01/2005 27 CHIPINGE SOUTH VHENEKA VILL CH GARAHWA CHIPINGE SIBANDA MTHOKOZISI M 06/03/2005 7 BULILIMA WEST VIL. LUVULUMA CH. MPINI, BULILIMAMANGWE CHIKUMBA EVIDENCE F 15/04/2005 11 MUZARABANI SOUTH PLOT 7 BETA FARM CENTENARY CH CHIWESHE MUSUSA LIZZY F 25/04/2005 9 NYANGA NORTH MUSUSA VILL CH SAUNYAMA NYAMUKONDIWA FARAI M 17/05/2005 12 MUDZI SOUTH VL NYAMUKONDIWA HM KATSANDE CH NYAKUCHENA MUDZI ZHOU DADIRAI F 23/05/2005 33 MBERENGWA WEST KEFAS VILL CH MUDAVANHU MBERENGWA VERE NUNURAI GLADYS F 30/05/2005 08 MAKONI CENTRAL 1284 MABVAZUVA T/SHIP RUSAPE MKWENYA ADMIRE M 31/05/2005 11 GOKWE SESAME SIAGIJIMA VILL, HDM MAKAI, CH NEMANGWE, GOKWE SOUT MUTSVAIRO GAUDENCIA F 08/07/2005 18 NYANGA SOUTH DIRORIMWE VILL HDM SAUNYAMA CH. SAUNYAMA NYANGA NCUBE PRISCILLAR F 12/08/2005 12 INSIZA SOUTH VIL BOPHAZIQINE HDM NGOMONDO CH MADUNA INSIZA Those who have names of perpetrators of violence in your constituencies MANDA COLLEN M 05/09/2005 13 NORTON BARGAIN ESTATES, SELOUS, CHEGUTU feel free to phone or write to MUSIIWA SHELTOM M 23/09/2005 05 CHAKARI VILLAGE 9C MUZVEZVE 1 KADOMA MUTEMA TAVENGWA M 08/10/2005 35 GUTU CENTRAL VILL UZA HDM NYAMANDI CH GUTU GUTU MDC Information and Publicity department. TAVAGWISA SEKAI F 13/10/2005 9 MHONDORO NGEZI STD NO 01 VILL 6 MANYONI RESET KADOMA Telephone: 04-770708 DENGE TALENT F 20/10/2005 3 MHONDORO NGEZI CHIZINGA SCHOOL COTTAGES KADOMA Email: [email protected] MUSABAYANE SPENCER M 20/10/2005 4 MHONDORO MUBAIRA ZIBWOWA VILL CH MASHAYAMOMBE CHEGUTU GEZANI PEMBALANI F 21/10/2005 13 CHIREDZI SOUTH CH SENGWE HDM GEZANI VIL MADHUMELANI CHIREDZI Postal Address: Harvest House, 4th Floor, SVETO MAXWELL M 23/01/2006 7 SHURUGWI SOUTH VIL KADODO CH NHEMA SHURUGWI 44 Nelson Mandela Avenue, Harare. QANGUBANI KHUMBULANI F 19/02/2006 4 CHIPINGE WEST MARWENDO VILLAGE, CHIEF MUTEMA, CHIPINGE MWAVUMISA NDAZUNDI EDMORE M 11/03/2006 1 CHIPINGE WEST NGAONI VILLAGE, HDM MAUNGANIDZE, CHIEF MUTEMA, CHI
MDC Information & Publicity Department, Harvest House, 44 Nelson Mandela Ave, Harare, Zimbabwe • Tel: +263 4 793 250 www.mdc.co.zw
4