03 May 2010 visit: www.zlhr.org.zw Edition 43 Workers issue ultimatum HARARE-The Congress of Trade “No one should freeze salaries. Zvakaipa Unions (ZCTU) has issued an ultimatum to the izvozvo. (That’s a wrong attitude). We are still transitional coalition government and employers getting interferences even under the inclusive to improve salaries and working conditions. government. This must stop. Interference is a serious issue. We are reporting the statement The government, the biggest formal employer, of freezing salaries to the International Labour pays civil servants a monthly salary of between Organisation (ILO),” he said. $150 and $200. Tsvangirai, a fiery ZCTU secretary-general before forming the Movement for Democratic Change, ZCTU President Lovemore Matombo told attended the celebrations together with several workers at a rally to mark International Workers government ministers, including Labour Minister Day last Saturday that the labour union would Paurina Mpariwa. In his speech, Tsvangirai organise job actions to compel employers and the promised workers that no freeze would be government to reward workers by paying them a imposed on their salaries. minimum living wage of $500 a month. Tsvangirai cautioned against ill thought Matombo said the labour union would protest indigenisation policies. against the high levels of taxation and lack of access to the life prolonging anti-retroviral drugs “Zvejambanja zvakaitwa kumapurazi. Haungaiti (ARV)’s. Both employers and employees are jambanja pacompany pausina kuisa cent. struggling with lost production hours due to the Ngatizivei zvatirikuita because we are not ravages of HIV/AIDS. the last investment destination in the world. (The violence that accompanied farm invasions “Income tax should be lowered and ARV’s should should not extent to industries.) just not be availed to connected and influential people but to those who deserve them,” Mpariwa said a bill to harmonise labour laws would be pushed through in Parliament. said Matombo. Penga mushandi penga… ZCTU President Lovemore Matombo addressing workers at Dzivarasekwa Stadium

The trade union leader gave the government and employers up to the end of July to wrap up the current collective bargaining process. Matombo said workers would take action if this deadline was not met.

Prime Minister , who launched Govt pleads guilty his political career on the back of the ZCTU, HARARE-The government has admitted The ILO report followed its visit to Ndlovu added: “Arrests, detentions should that harsh laws and politicised security Zimbabwe in August last year to investigate cease - a few weeks after the Commission sat at the high table as Matombo berated the agents have stiffled workers’ rights. allegations of breaches of the conventions and left Zimbabwe, the ZCTU president transitional government’s failure to improve violations of workers’ rights in Zimbabwe. (Lovemore Matombo) and four other were workers’ conditions. Paurina Mpariwa, the Minister of Labour arrested and charged under POSA. We also and Social Services said government would The Zimbabwe Congress of Trade Unions (ZCTU) dismissed the government’s response had the police defying a High Court order “Everything (collective bargaining) should be amend the Public Order and Security Act saying it did not address the issues which the and refusing that ZCTU commemorates finished by July. We are going to take tothe (POSA), a draconian piece of legislation ILO had raised. Khumbulani Ndlovu, the ZCTU a September 13 (2006) event. The police which Harare has used to suppress streets,” said Matombo. Information Officer, told The Legal Monitor actually wrote to ZCTU overturning the opposition and human rights activists since that Mpariwa’s letter placed more emphasis on High Court order saying they did not take its enactment almost a decade ago. Matombo echoed calls by civil society leaders at the creation of the inclusive government than instructions from the Courts but from going through the steps government is taking to the commemorations for the repealing of harsh She revealed this in a letter to the ensure that workers’ rights are not violated or ‘higher offices.’ laws such as the Access to Protection of Privacy International Labour Organisation (ILO). that the arrests, beatings and ban of meetings that Act (AIPPA) and the Public Order and Security happened in the past do not happen again. “These are some of the examples that even Act and the Criminal Codification (Reform Act), “It should be noted that the Public Order though government has accepted the report which have been abused by the police to stifle the and Security Act is being amended in Mpariwa told the ILO that the transitional they are not willing, or are reluctant to consideration of the Inclusive Government’s government had created an Organ on National implement the recommendations. Accepting activities of labour and civil society organisations. Healing. Said Ndlovu: “The ZCTU is not excited affirmed commitment to the principle of the report is one thing, while implementing by the work of the Organ on National Healing The ZCTU President said Tsvangirai and freedom of assembly and association. that is mentioned in the government’s response. it is another. The ZCTU is keener on It is in this spirit of engagement among the President Robert Mugabe’s coalition government This Organ is out of touch with reality or with seeing the (ILO) recommendations people of Zimbabwe that the Commission’s had failed to resolve the decade-long political and real issues affecting victims of state-sponsored being implemented.” (ILO) recommendations are accepted violence. The ILO recommendations are economic crisis. by the government. Government wishes very clear. Among other things, there is need to The issue of POSA in Zimbabwe has to advise that the implementation of the drop all cases against labour activists that arose remained a thorny issue since its enactment “We are not happy with the government. Fourteen through POSA. This has not happened. recommendations, while already on going, in 2002 when it replaced the colonial and will be informed by the overall government Activists are still appearing in court charged months (since the formation of the government) repressive Law and Order (Maintenance) targets,” said Mpariwa in her letter dated under POSA.” has been enough for the government to solve the Act which Ian Smith had introduced 20 April. economic and political crisis. Tamboshingirira. She added that amending POSA was not enough. in the 1960s to suppress the rights and Asi patavakuenda pakati shatei. We want to toyi The Minister was responding to the activities of nationalists and freedom toyi very soon. (We have been tolerant but we are “There is need to repeal POSA - currently fighters. Progressive organisations such ILO fact finding mission report entitled: discussions are around amending POSA and losing our patience and we will soon embark on “Commission of Inquiry on the Observance as Zimbabwe Lawyers for Human Rights anti-government protests,” said Matombo. not repealing it,” she said, adding that the State of the Freedom of Association and the must not interfere in trade union work. “We have have extensively documented the abuse of Protection of the Right to Organise police writing the ZCTU a letter telling them who the legislation by the police and other state Matombo said his union would campaign against Convention and the Right to Organisation should or should not speak at this year’s May actors, and continue to call for the total politicians who were advocating for the freezing Collective Bargaining Convention”. Day commemorations.” repeal of POSA. of workers’ salaries. 03 May 2010

Statement on the status of constitutional reform process ZESN/ ZPP/ ZLHR Independent Constitution Monitoring Project

The Zimbabwe Election Support Network of the political parties in their commitment to the Rindai Chipfunde-Vava ZLHR (ZESN) and Zimbabwe Lawyers for Human constitution making process. Tel: +263-4-250736, 791443, 798193 Rights (ZLHR) and Zimbabwe Peace Project E-mail: [email protected] Zimbabwe Lawyers for Human Rights is a not (ZPP) Independent Constitution Monitoring Citizen participation in key ongoing constitutional for profit human rights organization whose core Project (ZZZICOMP) have noted with deep related activities is reportedly being marred Jestina Mukoko objective is to foster a culture of human rights concern the delays in the Constitution making by political interference such as “coaching” Tel: +263-4-747719 in Zimbabwe as well as to encourage the growth process. According to the Global Political the ordinary person on what to say thus stifling Email: [email protected] and strengthening of human rights at all levels Agreement (GPA), the outreach process was the people’s right to freedom of expression and [email protected] of Zimbabwean society through observance of supposed to have been completed no later than invariably negating the principle behind a people- the rule of law. ZLHR is committed to upholding four (4) months after the First All Stakeholders’ driven process. Irene Petras respect for the rule of law and the unimpeded Conference. This has, however, not been the case Tel: +263-4-708118, 705370, 764085 administration of justice, free and fair elections, as it is now eight (8) months since the conference In addition, there have been several incidents Email: [email protected] the free flow of information and the protection of in which constitution awareness workshops by was held and there remains no sign that the [email protected] constitutional rights and freedoms in Zimbabwe outreach will commence any time soon. civil society organisations have been disrupted and facilitators accused of advocating for regime and the surrounding region. It keeps these values central in its programming activities. Also, of concern are reports of people who are change. In some areas community members are Background of the Partnering Organisations being harassed and threatened for expressing reportedly being “trained” on what to say when the outreach teams visit their areas. their views on what should be and should not ZESN ZPP be included in a new constitution. Notably, the The Zimbabwe Election Support Network is For any national process to be inclusive and Zimbabwe Peace Project is an NGO which process has become highly politicized with people-oriented, there is a need to ensure a a network of 30 independent, non-partisan several incidences in which constitutional conducive environment which allows people NGOs that has been observing all aspects of promotes peace through monitoring and deliberations have ended up entirely focusing on to express their views in safety and with the the electoral process in Zimbabwe since 2000. documentation of politically motivated human the adoption of the Kariba Draft in sharp contrast assurance that they will not be arbitrarily targeted Its vision is a Zimbabwe where democratic rights violations. The vision of ZPP is sustainable to the letter and spirit of the GPA. for harassment, intimidation and/or retribution electoral environment and democratic processes justice, freedom, peace, and development in by any political party, state actor, or other player. are upheld. The organisation has also been Zimbabwe for all. ZPP has strong a monitoring and Furthermore, the recent proclamation by the In light of the above, ZZZICOMP appeals to the observing elections in other countries and documentation system with a presence in the 210 Principals of the Inclusive Government that there Principals of the GPA to facilitate a conducive deriving best practices for electoral reforms. constituencies of Zimbabwe. ZPP is one of the will be general elections in 2011 has shifted the environment for all in ongoing national Over the years observation of electoral processes focus from the constitution making process and by ZESN has contributed immensely to premier organizations compiling information processes, as promised in the GPA to which they on the human rights situation on a regular basis automatically set the country in an election mode, appended their signatures and commitment in instilling confidence, deterring electoral fraud and moved attention away from the constitution- September 2008. and providing independent findings to various in Zimbabwe. ZPP reports have been used as making debate, thereby further compromising stakeholders. ZESN reports have thus been used reference material by local and regional election the course of the process. Unfortunately, such For further information and comments please and referred to by many as sources of reliable and observers, civil society organizations, embassies statements have a negative impact on the sincerity contact the principals of ZZZICOMP: credible information. and international organizations.

Zimbabwe Lawyers for Human Rights (ZLHR) commensurate and fair labour remains amongst and Plantation Workers Union of Zimbabwe workers and their representatives as human ZLHRjoins the oppressed workers of Zimbabwe and the the many thatsalutes are not recognized in the Declaration (GAPWUZ), who remains workers in exile due to fears rights defenders; Zimbabwe Congress of Trade Unions (ZCTU) in of Rights in the Constitution of Zimbabwe. As a for her safety. Such agents continue to infiltrate commemorating International Workers’ Day on 1 result, the harsh reality is that for the past three and disrupt union meetings, raid union offices,  Ensure a Minimum Wage that is a Living May 2010. decades workers have continued to be deprived and threaten, harass, arbitrarily arrest, detain and Wage, universal social security for all of their fundamental rights and freedoms, and maliciously prosecute leaders and members of the workers and place decent work at the core of We pay homage to all those who, throughout subjected to exploitation by unscrupulous ZCTU and its affiliates with impunity. development, economic, and trade policies; the country’s 30-year history, have sacrificed so employers and a repressive and autocratic regime. much to promote and defend the rights of working Inequality and unemployment grow whilst a small The harassment and attacks on ZCTU and  Strengthen protection of the right to organise women and men and strive for social justice and minority accumulates incalculable wealth on the GAPWUZ leaders only serve to emphasize the and the right to collective bargaining of human rights for all, regardless of social status backs and labour of the downtrodden. findings of the International Labour Organisation all workers; or privilege. (ILO) Commission of Inquiry Report, which The continuing violations of the fundamental concluded that, amongst other violations, On a day when millions of working people rights of workers and the labour movement, which Zimbabwe’s state security forces have used  Increase transparency, equality and across the globe join together to celebrate the became more apparent during the era of the failed arrests and torture of labour leaders to stifle union accountability in the use and distribution of achievements and progress of more than a century Economic Structural Adjustment Programme activity in the country over the last decade. the natural wealth and resources of Zimbabwe of trade unionism, it is sad that in Zimbabwe (ESAP), as evidenced by the food riots of 1998, so as to uplift the lives of the workers and the workers have nothing to celebrate 30 years after were acknowledged at the historic National The report also rejected accusations that the poverty-stricken; and attaining independence. Working Peoples’ Convention in February ZCTU was bent on tarnishing the image of the 1999, from which the idea of a working peoples’ country by peddling lies of human and trade  Provide retirees with the basic needs for a The right to work, as enshrined in Article party emerged. union rights abuses. dignified life. 23.1 of the Universal Declaration of Human Rights, states that: “Everyone has the right to Despite its origins in the labour movement, and as ZLHR has noted the government’s acceptance The years of the government abrogating its work, to free choice of employment, to just and a working peoples’ party, and despite the presence of the ILO Report; however it is clear from the obligation to govern responsibly must end. favourable conditions of work and to protection of the Movement for Democratic Change (MDC) arrogance with which it seeks to bypass key Workers must be empowered to fulfill their against unemployment”. in the Inclusive Government established in findings and recommendations that we still aspirations - for themselves and the generations February 2009, it is disappointing to note that have a long way to go before the state realizes to follow. They must be given the chance to build This right is also recognized in the International these partners in the struggle for democracy its obligations to the workers of Zimbabwe and decent lives through decent work and through Covenant on Economic, Social and Cultural appear increasingly unable to prioritize the needs their unions and takes strong action to ensure an public services and proper distribution of wealth Rights, which emphasizes economic, social and of the majority who remain mired in poverty, improvement in their treatment. that meet their needs. cultural development. Article 15 of the African terrible conditions of work, or outside the safety Charter on Human and Peoples’ Rightsalso states net of formal, decent and uplifting employment. As a matter of priority, the Inclusive It is time to put the interests of workers and their that: “Every individual shall have the right to Whilst nothing can be expected from the former Government must: families at the top of the political agenda. work under equitable and satisfactory conditions, repressive regime - which has spurned the and shall receive equal pay for equal work”. workers’ base and actively sought to destroy the  Urgently and fully implement the ILO Report ZLHR remains in solidarity with the ZCTU labour movement - the progressive forces within recommendations, which include probing which has been championing workers’ rights. These rights are not bestowed at the discretion the Inclusive Government can – and indeed must workers’ rights abuses, ending anti-union We consider any harassment of, or attack on them and/or the benevolence of governments or – do more. practices, and creating a functional and to be an attack on the human rights movement employers - they are basic and universal rights effective human rights commission to deal and an unacceptable assault on the human dignity that workers are all entitled to by virtue of our ZLHR continues to observe with increasing with future abuses; of the majority in our society. common humanity. The government of Zimbabwe dismay the apparent structured and systematic has voluntarily committed itself to such regional attack and the unwarranted harassment by the  Provide clear timelines for how and when In the hope that their struggle - which is also the and international obligations and must ensure Zimbabwe Republic Police and other state and these recommendations and remedies will be struggle for human rights - may continue and that they are respected, protected, promoted non-state actors and agents, of labour rights instituted and finalized; succeed, ZLHR lends its support, by action in and fulfilled. activists. The harassment of workers movements solidarity where it is within our power and ability is a clear and contemptuous violation of workers’  Prioritize the reform of the Zimbabwe to do so, in the firm belief that “an injury to one The universally acknowledged principles of rights which must not be tolerated. Republic Police to instill professionalism is an injury to all”. equality, justice, human dignity and peace fought and end their abuse of obnoxious laws such for by the international trade union movement are State security agents still hound trade unionists as the Public Order and Security Act to stifle just as relevant today as they were when working evidenced by the arbitrary arrest and detention of legitimate union activities; SHINGA MUSHANDI SHINGA! men and women first came together to fight for Lovemore Matombo, the President of the ZCTU their rights to social and economic justice. and several other office-bearers in Victoria Falls  Unequivocally guarantee – through the during internal union meetings in early 2010, highest offices of the Commissioner-General ZLHR: Fostering a culture of workers’ rights Sadly for Zimbabwean workers, three decades and the crackdown on Gertrude Hambira, the of Police and the Co-Ministers of Home after our independence, the right to justly General Secretary of the General Agriculture Affairs - the rights, safety and security of 03 May 2010

HARARE-The government has significantly Foreign journalists intending to temporarily reforms as part of the democratic process agreed majority of journalists in the country favour self- slashed fees for foreign journalists and media operate in the country will fork out $100 in both to by Prime Minister Morgan Tsvangirai and regulation of their profession over being policed Neworganisations who must apply for permits to application and accreditationor fees. President Robertfalse? Mugabe when they established by the State-run ZMC and have formed the operate in the country. the transitional coalition government. Voluntary Media Council of Zimbabwe (VMCZ) to regulate their profession and adjudicate on Under the new schedule released on Friday Local journalists will pay $30 in accreditation and registration fees while late renewal of The banned Daily News and News Day are some media complaints from concerned stakeholders. through a statutory instrument issued as a of the publications that intend to seek registration accreditation will attract a penalty of $1 per day. supplement to an Extraordinary Government to publish daily newspapers. For almost a decade journalists were regulated by Gazette, a foreign media organisation will pay a the defunct Media and Information Commission total of $2 500 as application for permission to To apply for registration of a mass media service Under Zimbabwean law media organisations (MIC) which was chaired by media hangman operate a representative office of foreign mass Zimbabweans will have to pay $2 000. media service or news agency. This is down from must register with the ZMC which regulates Tafataona Mahoso. During his tenure Mahoso $30 000 which was gazetted last year. their operations. Whilst it is not mandatory for presided over the closure of at least four The gazetting of the accreditation and registration journalists to be accredited unless they wish to newspapers, the deportation of several foreign Local journalists working for foreign media will fees follows the appointment of the Zimbabwe attend state functions, most will therefore be correspondents and the arbitrary arrest, detention pay a total of $120 in application and accreditation Media Commission (ZMC), which is expected forced to do so if they wish to cover major political, and malicious prosecution of hundreds of local fees, down from the previous amount of $4 000. to licence new media players and drive media economic and social events. However, the vast journalists, editors and publishers.

A crowd gathered for the Nyanyadzi Global Political Agreement awareness workshop left disappointed after ZANU PF supporters and the police stopped the event Warning against Chiadzwa stones LONDON-A Kimberly Process (KP) member has stop the sale of Marange diamonds pending South African investors - are yet to fully comply the Kimberley Process, it will be in breach of warned Zimbabwe against exporting diamonds the resolution of a dispute over the ownership with KP standards. its commitments and should face suspension. mined in Marange without KP certification. of diamonds extracted from the controversial Member states will need to act swiftly if they mining fields. ACR contends that Mbada and Canadile are want to maintain the credibility of the scheme and mining on claims allocated to it in 2006 and Global Witness, a London-based NGO that protect consumer confidence in the international therefore all diamonds mined there are stolen. oversees the work of the KP last week said Global Witness was one of the first organisations diamond market,” said Harrowell. statements by Zimbabwe that the country would to bring the issue of conflict diamonds to Global Witness, on the other hand, is more export Marange diamonds with or without KP international attention. concerned about the rights abuses committed Harrowell said Mpofu should adhere to certification would only entrench the country’s by the army, and insists that Zimbabwe should internationally accepted standards. status as an international pariah and ward off The KP, a joint government, civil society and withdraw the military from the fields. potential investors. industry body formed to stop the flow of conflict “If Minister Mpofu really wants the Zimbabwean diamonds, in February appointed a monitor to “What has been taking place in Marange is people to benefit from the wealth beneath their The response from Global Witness followed ensure Marange diamond operations met the unconscionable and there is no way that exports feet, he should start by withdrawing the army comments by Mines Minister group’s minimum standards before being sold. should restart until the government can prove that from the area, which is responsible for serious it has taken the necessary action to end the abuses that Zimbabwe would sell Marange diamonds and hold the perpetrators to account,” said Global human rights abuses and is still profiting from the irrespective of KP decisions. Mpofu said this The monitor, South African Abbey Chikane, Witness campaigner, Elly Harrowell. illegal trade in smuggled Marange diamonds,” after High Court Judge, Bharat Patel ruled has said controversially licensed miners, Mbada said Harrowell. “Until this happens diamonds from against the London Stock Exchange-listed Africa Diamonds and Canadile Miners - joint venture “If the government goes ahead with its plan Marange will continue to be tainted by violence Consolidated Resources (ACR) application to firms between the Zimbabwean government and to sell diamonds without prior approval from and corruption.” 03 May 2010

Electoral reforms fall short HARARE-Electoral reforms agreed to by • Request the Attorney General to set up media and security laws such as the Access to • Availability and accessibility of the voters transitional government partners would strengthen a special unit in his office dedicated to Information and Protection of Privacy Act and roll; Parties agreed to make the voters roll Zimbabwe’s voting system, but concerns remain prosecution of cases of politically-motivated the Public Order and Security Act. Hundreds of available to political parties and candidates over key areas such as voter registration, access to violence during the election period journalists and rights and political activists have upon request. However, this is on condition the voters’ roll and voter education, the country’s been arrested under these laws since 2002. that while CD is open and capable of biggest elections watchdog group has said. • Provide for a special law that, upon electronic analysis will not be tampered conviction, the court can ban candidates ZESN, a coalition of over 30 rights groups and with. While this is a commendable move, According to a Zimbabwe Election Support from further participation in churches, raised concern that the reforms fail ZESN notes with concern that access to the Network (ZESN) analysis of the proposed electoral processes to address issues regarding media plurality and voters roll for free is only made to political reforms, the creation of ward, house of assembly equitable access to media for political parties parties and not civil society which has the and senatorial centres for the collation of results, ZESN however said past experiences have during election time. role to monitor the roll which can lead where results will be posted for public scrutiny, proved that good intentions on paper needed to electoral fraud if not accurately made. will reduce opportunities for manipulation to be accompanied by thorough reform The reforms would limit postal votes to officers Currently the voters roll is very expensive and fraud. of the responsible institutions to ensure outside the country on State duty, while people to buy and only hard copies are available. practical delivery. involved in the running of the elections such President Robert Mugabe’s ZANU PF party as polling officers and security officers would • Voter education; ZEC is virtually in control and the two Movement for Democratic Change “There is concern that most of the provisions be allowed to vote a week before the election. of the voter education and anyone other formations agreed to the electoral reforms as have more results in places where there is rule of This effectively rules out over 3 million organisations other than political parties part of the prolonged power-sharing talks that law and equality before the law,” said ZESN. Zimbabweans who have sought political and suffering Zimbabweans want concluded urgently. that would want to provide voter education economic sanctuary in the Diaspora. would have to get ZEC approval. Previous Under the reforms, assisted voters such as the The watchdog added that: “The police for example blind and illiterate would be able to select a experience has shown that ZEC did not have was not able to help victims of politically- On the registration of voters, delimitation of adequate human and financial resources person of their choice to assist them to vote. constituencies and voter education, ZESN noted motivated violence in 2008 and there is very little to carry out this function, which was left This removes the old requirement for a police the following concerns: confidence in this body by the citizenry as a body to political parties. ZESN recognises the officer or presiding officer to assist such people, of protection. ZESN notes with concern that in which is widely criticized as compromising the • Voter education; While the law provides importance of an independent electoral the past the electoral court has been moribund due management body in the provision of voter secrecy of the ballot. to lack of resources.” that voter education will take place 90 days after the proclamation, the time frame education. In addition, ZESN also notes the ZESN said proposals for an audit of presidential ZESN went on to express its disappointment with between the Proclamation is usually less need for NGOs and civil society in providing elections results that would be facilitated through the failure to clearly define the security sector’s than the stipulated time and so parties impartial and non partisan voter education. an amendment to the Electoral Act should be role in elections. agreed to remove the 90 days time frame. extended to house of assembly and senatorial Voter education will take place a week after • Local, Regional and International elections to ensure that numbers added up in “While (the) reforms provide for the removal of the proclamation dissolving parliament and Observers; The invitation of international voting for all types of seats. the police officer from the polling station and calling for elections. ZESN is concerned and regional observers is currently the assisting the voter, they do not explicitly show that the issue of 90 days which was given mandate of the ministry of foreign affairs and In relation to politically-motivated violence, that the role of the police and other security importance is not the most important issue in the past the ministry has “cherry-picked” parties in the transitional government agreed to forces is to maintain order and security and not regarding voter education. It is important observers while observers from states and the following measures: the running of elections. Security sector reform to open up space for civic society and non- organisations deemed hostile to the state have • Set up a special body to receive complaints is one of the issues that needs to be addressed to governmental organisations to provide non been denied access. ZESN is of the view that of violence and to monitor and investigate ensure an electoral environment that promotes partisan and accurate voter education to the the role of ZEC should include the invitation such reports democratic elections in Zimbabwe,” noted ZESN, electorate. The issue of the capacity of ZEC and accreditation of observers. This function which also called for a revision of presidential to provide voter education given inadequate requires the independence of ZEC and lack of • Refer allegations to the police for powers as a sitting president could be a candidate resources was not interrogated and so the interference from the executive. expeditious investigations and prosecutions in the election as well. issue of voter education remains a contentious issue that needs to be addressed. ZESN urges These reforms however, have only been agreed • Set up electoral courts at the magistrates’ Other matters unresolved by the reforms include political parties to take voter education as a at the negotiating table. It remains to be seen court level to try cases of political violence political party financing, the abuse of State continuous and comprehensive process and whether and when they will be translated into law committed during the election period resources for election campaigning and harsh not a once off event. and implemented.

CISOMM engages JOMIC Mayor trial: justice wheels spinning? HARARE-Delegates from the Civil Society complaints or reports relating to the provisions HARARE-The trial of Harare Mayor, council land without following procedure, Monitoring Mechanism (CISOMM) of the GPA. Muchadeyi Masunda and eight councillors mostly in the northern area of Harare. presented their power sharing agreement facing allegations of criminal defamation implementation report to the Joint Monitoring JOMIC, which was set up under the GPA, promised to consider the recommendations for allegedly “leaking or publishing” a Last month Charity Bango, the then Acting and Implementation Committee (JOMIC) and analysis contained in the CISOMM report. secretariat on Friday. report implicating top businessman Philip Mayor, wrote to Chihuri asking him to The meeting was intended to develop a co- Chiyangwa in a major land scandal will look into the allegations which were being The report produced by CISOMM analyses the operational relationship between civil society resume this week. levelled against Chombo and Chiyangwa. transitional government’s compliance with the and the government’s internal monitoring The letter was copied to co-Home Affairs Global Political Agreement (GPA) according unit. It was recognised that engagement and to specific benchmarks. Member organisations dialogue between the parallel mechanisms Chris Mutangadura, the Chief Law Officer Ministers, and Giles gather and collate information in their areas could enhance the scope of their actions, Mutsekwa, and the Officer Commanding ensuring a more concerted effort and in the Attorney General’s office, confirmed of specialisation, thus contributing to the fulfilment of their mutual desire to see full to The Legal Monitor that the trial would CID, Senior Assistant Commissioner Nyati. overall report and offering recommendations. and speedy implementation of the GPA. be resuming this week at the Harare JOMIC assesses implementation of the GPA Rather than investigating the claims, and is mandated to receive and follow up on All reports can be viewed on www.cisomm.org Magistrates’ Court. “Yes. Ready for it. There is nothing that can really stop the the police charged Masunda and eight State from resuming the trial,” he said. councillors with criminal defamation for allegedly “leaking or publishing” the

report which allegedly exposed Chombo But Alec Muchadehama, the lawyer and Chiyangwa. representing the Mayor and councillors,

said he was yet to receive State papers The Council report, compiled by a Special relating to the trial. Committee of councillors led by Warship

Dumba, alleges that Chiyangwa and “Since we have a trial date, we have Chombo, with the assistance of two council no choice but to have my clients clear employees - Director of Urban Planning, themselves, but we are yet to receive the Psychology Chiwanga and Finance Director, State papers on the matter. Ordinarily, Cosmos Zvikaramba - illegally grabbed vast we must be given adequate time to tracts of prime land from the city on the prepare,” said the human rights lawyer. cheap, without following proper procedure.

The controversial case will start at a time The 54-paged report on land sales from when the Council is still awaiting a response October 2004 to December 2009 alleges from the Commissioner-General of Police, that there were several cases of suspected Augustine Chihuri, on whether he will order fraud and irregular sales where “Chombo his subordinates to look into the allegations would identify pieces of land in the city, that Local Government Minister Ignatius influence council officials to apply to him Chombo and Chiyangwa were involved in for change of land use and then sit over the a scandal that saw them allegedly acquire same applications and approve the change”. CISOMM representatives present their report to JOMIC officials