Crisis, Dialogue and Transition in Zimbabwe: Quo Vadis Zim?
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Interpreting the Right to Administrative Justice in the Zimbabwean Constitution
Towards Good Governance: Interpreting the Right to Administrative Justice in the Zimbabwean Constitution PAUL KASEKE Thesis submitted in fulfilment of the requirements of the degree of DOCTOR OF PHILOSOPHY in the School of Law of the University of the Witwatersrand, Johannesburg Supervisor: Dr. Fola Adeleke Co-Supervisor Prof. Victoria Bronstein March 2019 DECLARATION I, Paul Chidochashe Kaseke declare that this thesis is my own unaided work. It is submitted in fulfillment of the requirements of the degree of Doctor of Philosophy (PhD) in the Faculty of Commerce, Law and Management at the University of the Witwatersrand, Johannesburg. It has not been submitted before for any degree or examination in this or any other university. __________________________________________ SIGNATURE 480549 STUDENT NUMBER 29th March 2019 DATE This study commenced in 2016 and wherever possible the law is stated as at January 2019. The citation conventions of the South African Journal on Human Rights (SAJHR) were used Acknowledgements Penning this thesis has been a character defining moment. There are times where I wanted to give up and indeed many sleepless nights which made me question whether this was something I wanted to do. I would have not done it without the assistance and support of several special people around me. Special thanks to my supervisor, Dr. Fola Adeleke, for his dedication, commitment and hands-on approach which made the writing process easier. Doc, as I often called him, made every attempt to accommodate me even where I missed deadlines. I am humbled to have had a compassionate supervisor who took an interest in my well-being during this process. -
Zimbabwe's Reforms: an Exercise in Credibility
ISSUE 6 | SEPTEMBER 2016 Southern Africa Report Zimbabwe’s reforms An exercise in credibility – or pretence? Piers Pigou Summary Zimbabwe is again facing major political and economic challenges. Prospects for recovery under the leadership of 92-year-old Robert Mugabe and his chief lieutenants in the Zimbabwe African National Union-Patriotic Front are looking increasingly bleak. The government has publically committed itself to a reform process that is intended to help reconnect to international channels of credit and investment and an underlying confidence in the country’s potential to bounce back remains. The international community supports these endeavours, but convictions are being tested as headway is stymied by a combination of internal and external exigencies that have exposed the limitations of a political leadership desperate to maintain its hegemony, but clearly running out of options. THE ZIMBABWEAN GOVERNMENT claims commitment to a reform agenda that its adherents believe will underwrite its recovery. Yet it faces an increasingly uncertain future, unable to implement this agenda, buffeted by a host of internal and external exigencies. It appears on course for yet another disputed election in 2018. Since its controversial victory in the 2013 polls, the Zimbabwe African National Union-Patriotic Front (ZANU-PF) and its leader, 92-year-old Robert Mugabe, have presided over an economic decline that has again brought the country to its collective knees, exacerbating unprecedented turmoil within the ruling party and prospects of further state disintegration. Prospects for recovery that had improved during the government of national unity (2009–2013) have narrowed considerably as social and economic conditions worsen, political uncertainties intensify and the state limps from month to month as finances dry up. -
What Went Wrong with Zimbabwe's MDC-T?
28 June 2018 What Went Wrong With Zimbabwe’s MDC-T? By Leon Hartwell1 Synopsis This paper attempts to identify the key issues that made the Movement for Democratic Change led by the late Morgan Tsvangirai (MDC-T) a weak political party. Although the time period under discussion largely deals with the GNU years (2009-2013), the lessons are not only relevant to the MDC-T now led by Nelson Chamisa, but also to its countless splinter parties. This analysis identifies twenty-one lessons that have to be addressed in order to revive the opposition and to develop it into a unified front that will be able to effectively compete against Zimbabwe African National Union – Patriotic Front (ZANU-PF). 1 Leon Hartwell was the Senior Policy Advisor for Political and Development Cooperation at Netherlands Embassy in Zimbabwe from 2012-2013. He is currently a PhD candidate at the University of Stellenbosch. Table of Contents Page 1. Introduction 1 1.1 Demonstrate leadership 2 1.2 Institutions are more important than individuals 2 1.3 Delegate and do not overstretch 3 1.4 Listen and re-establish a culture of debate 4 1.5 Use resources efficiently 5 1.6 Effective internal communication is critical 5 1.7 Take a systematic approach rather than check-the-box 6 1.8 Never assume a damn thing 8 1.9 Plan, prepare, and take opportunities 8 1.10 Engage the security sector 9 1.11 Focus on your goals 10 1.12 My enemy’s enemy is my friend 11 1.13 Under-promise and over-deliver 11 1.14 Improvise, adapt and survive 12 1.15 Consistency on key Issues is imperative 12 1.16 It’s the media, stupid! 13 1.17 Simplify your message 14 1.18 Practice what you preach 15 1.19 Reconciliation starts in-house 16 1.20 Do not take people for granted 17 1.21 Sometimes there can be no middle ground 17 2. -
Report of a Conference on Engaging Zimbabweans in the Diaspora Towards Economic Reconstruction
REPORT OF A CONFERENCE ON ENGAGING ZIMBABWEANS IN THE DIASPORA TOWARDS ECONOMIC RECONSTRUCTION Facilitated by THE INSTITUTE FOR JUSTICE AND RECONCILIATION (IJR) Held at Le Franschhoek Hotel, Franschhoek, Cape Town, South Africa 3-4 December 2009 i EXECUTIVE SUMMARY On the 3 rd and 4 th of December 2009, the Institute for Justice and Reconciliation hosted a two-day off- the-record roundtable in Franschhoek, Cape Town, entitled ‘Challenges for economic reconstruction in Zimbabwe: An engagement with the Diaspora’. The conference sought to offer Zimbabweans in the Diaspora an opportunity to come together to assess critically economic developments in Zimbabwe, from the inception of the inclusive government to the present moment, as well as to engage with the role the Diaspora could play in contributing to the economic recovery of their country. The government delegation from Zimbabwe explained that following the liberalisation of key economic sectors, the Zimbabwean economy is on the path to recovery. While the multiple currency system is poised to remain in force, the Zimbabwean dollar is projected to be reintroduced in three to four years when production levels and economic indicators improve. There is relative peace in the country, although there are still isolated cases of politically motivated arrests and prosecutions and violations of the rule of law. The Constitution-making process, while it has faced some hurdles, is on track as per the timetable stipulated by the Global Political Agreement (GPA). This will enable the referendum and credible elections to take place as agreed. The government is committed to creating an investor-friendly environment that respects private property rights and where citizens and investors alike are free from persecution. -
Robert Mugabe in Zimbabwe: the Endgame? Vittoria Moretti
ROBERT MUGABE IN ZIMBABWE: THE ENDGAME? Vittoria Moretti Observatoire de l’Afrique australe et des Grands Lacs Note n° 10 Note réalisée par l’Ifri au profit de la Direction générale des relations internationales et de la stratégie du ministère de la Défense Author Vittoria Moretti holds a BA in Politics and International Relations and a MSc in Global Politics from London School of Economics. She is currently based in Harare, where she is working as Advocacy and Research Assistant for the Centre for Natural Resource Governance (CNRG), a Zimbabwean research and advocacy organisation with a mandate to tackle challenges in the management of natural resources and to promote transparency and accountability in the extractive sector. In the meantime, she is currently completing her second MA degree in Human Rights and Humanitarian Action at the Paris School of International Affairs (PSIA), Sciences Po, with a regional focus on Sub Saharan Africa. Her main area of interest lies at the intersection between development and security, the natural resources – conflict nexus and socio-economic justice issues across the African continent. Table of contents INTRODUCTION .................................................................................................. 4 THE ONSET OF THE CRISIS. UNRAVELLING ZIMBABWE’S UNDERLYING CONTRADICTIONS ............................................................................................. 6 MUGABE IN TIGHT CORNER: CAUSES OF INSTABILITY AND FRAGILITY OF ZANU PF .............................................................................................................10 -
Download/The%20End%20Of%20A%20Road%20Final%20Version.Pdf
International Journal of Social Sciences Perspectives ISSN: 2577-7750 Vol. 2, No. 2, pp. 112-125 2018 DOI: 10.33094/7.2017.2018.22.112.125 © 2018 by the authors; licensee Online Academic Press, USA Centre for Language and Communication Studies, Chinhoyi University of Technology, Zimbabwe Teddy Mungwari1 1Framing of MDC-T Power Struggles: Abstract Tsvangirai Legacy, Zimbabwe Since the death of the party’s founding president, Morgan Tsvangirai on 14 February 2018, the Movement for Democratic Change Tsvangirai (MDC- T) has been shaped by the political succession struggle. The internal war to succeed Tsvangirai pitted Chamisa who was controversially endorsed by Licensed: This work is licensed under a Creative MDC-T national council and national executive as the acting president, Commons Attribution 4.0 License. and Khupe who insisted that constitutionally she was the party’s leader. The power struggle between these two and their respective factions came four months before crucial 2018 harmonised elections, causing confusion in Keywords: Factionalism Zimbabwe’s main opposition party. After Chamisa’s efforts to negotiate Constitutionalism with Khupe collapsed, the national council, which is the opposition party’s Gender supreme body in-between congresses, convened to seal her fate together with Tribal her allies. The MDC-T national council eventually expelled co-vice 2018 elections. president Thokozani Khupe, party spokesperson Obert Gutu and organizing secretary Abednico Bhebhe while also accepting the pre-emptive resignation of national chairperson Lovemore Moyo. This article examines the role of the local press in framing this struggle, arguing that the state-controlled Herald, took a position to sympathise with Thokozani Khupe while negatively portraying Nelson Chamisa. -
A New Zimbabwe? Assessing Continuity and Change After Mugabe
C O R P O R A T I O N ALEXANDER H. NOYES A New Zimbabwe? Assessing Continuity and Change After Mugabe For more information on this publication, visit www.rand.org/t/RR4367 Library of Congress Cataloging-in-Publication Data is available for this publication. ISBN: 978-1-9774-0434-3 Published by the RAND Corporation, Santa Monica, Calif. © Copyright 2020 RAND Corporation R® is a registered trademark. Cover: Flag: enigma images/Getty Images/iStockphoto; Mugabe: Kopano Tlape/flickr. Limited Print and Electronic Distribution Rights This document and trademark(s) contained herein are protected by law. This representation of RAND intellectual property is provided for noncommercial use only. Unauthorized posting of this publication online is prohibited. Permission is given to duplicate this document for personal use only, as long as it is unaltered and complete. Permission is required from RAND to reproduce, or reuse in another form, any of its research documents for commercial use. For information on reprint and linking permissions, please visit www.rand.org/pubs/permissions. The RAND Corporation is a research organization that develops solutions to public policy challenges to help make communities throughout the world safer and more secure, healthier and more prosperous. RAND is nonprofit, nonpartisan, and committed to the public interest. RAND’s publications do not necessarily reflect the opinions of its research clients and sponsors. Support RAND Make a tax-deductible charitable contribution at www.rand.org/giving/contribute www.rand.org Preface President Emmerson Mnangagwa of Zimbabwe came to office on the back of a military coup in November 2017, replacing President Robert Mugabe, who was in power for 37 years. -
Representation of Political Conflict in the Zimbabwean Press: the Case of the Herald, the Sunday Mail , Daily News and the Standard, 1999-2016
Representation of Political Conflict in the Zimbabwean Press: The Case of The Herald, The Sunday Mail , Daily News and The Standard, 1999-2016 by TEDDY MUNGWARI submitted in accordance with the requirements for the degree of DOCTOR OF LITERATURE AND PHILOSOPHY in the subject COMMUNICATION SCIENCE at the UNIVERSITY OF SOUTH AFRICA SUPERVISOR: PROF K B KHAN NOVEMBER 2017 1 ABSTRACT This thesis explores the representation of political conflict in the Zimbabwean press with a specific focus on the The Herald, The Sunday Mail, Daily News and The Standard. The thesis sought to unpack the representation of political conflict in the four selected newspapers and to compare and contrast state-owned and privately-owned press representation of power, succession struggles and factionalism in ZANU PF and opposition MDC. The theory is undergirded by the framing theory and data was analysed using Critical Discourse Analysis. The thesis contends that the representation of political conflict in Zimbabwe was sensational and polarized. With clearly separate agendas, the government controlled press, The Herald and The Sunday Mail; and the privately owned Daily News and The Standard , have drawn upon different framing practices to represent political conflict in Zimbabwe. By selecting to report on a particular issue and silencing another, through choice of certain headlines, and vocabulary employed, they have produced a construction of events in political parties that satisfy their political agendas in an increasingly polarized political environment. The newspapers became associated with diverging political opinions, showing political parties they support. On the one hand, the state-funded media represented ZANU PF in positive light while the opposition, particularly the Movement for Democratic Change (MDC) was represented negatively, mainly depicting the party as harbouring a regime change agenda. -
Download the Report (.Pdf)
!"#"$ %&!"'() *'+&*( on the Implement!t"on of Ch!pter II (Prevent"on) & Ch!pter V (Asset Recover#) of the ,-"('. -/("&-% !&-#'-("&- /0/"-%( !&**,+("&- $% &$'()(*+ b# the Ant"-Corrupt"on Trust of Southern Afr"c! Acknowledgements This report sums up tireless effort of members of the Research and Advocacy Unit of the Anti- Corruption Trust of Southern Africa (ACT-SA). The main contributors included Dr. Prosper Maguchu, Obert Chinhamo, Alouis Munyaradzi Chaumba, Munyaradzi Bidi, Advocate Gabriel Shumba, and Allan Chaumba. In addition, several other organisations made invaluable contributions. These include: Transparency International- Zimbabwe, the Interfaith Council for Peace and Justice Trust, the Kwekwe Business Association for the Small to Medium Enterprises Trust, the Kwekwe Vendors Association, the Legal Resources Foundation, and the Zimbabwe Network for Social Justice, the Zimbabwe Human Rights Association, and the Zimbabwe Election and Advocacy Trust, among others. Furthermore, members of Community Anti-Corruption Monitoring Voluntary Action Groups were consulted. These included groups from Kwekwe, Gokwe, Gweru, Mutare, Masvingo, Beitbridge, Chinhoyi and Victoria Falls. With the aim of contributing to the national UNCAC review in Zimbabwe in its second cycle, this parallel report was written by ACT-SA, using the guidance materials and report template designed by the UNCAC Coalition and Transparency International. The production of this report was supported by the UNCAC Coalition, made possible with funding provided by the Norwegian Agency for Development Cooperation (Norad) and the Ministry of Foreign Affairs of Denmark (Danida). The findings in this report are those of ACT-SA and they do not necessarily reflect the views of the UNCAC Coalition and the donors who have made this report possible. -
Zimbabwe 2019 HIV Index and Exhibits
[NAME] [FIRM] [ADDRESS] [PHONE NUMBER] [FAX NUMBER] UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT [CITY, STATE] __________________________________________ ) In the Matter of: ) ) File No.: A __________ __________ ) ) In removal proceedings ) __________________________________________) INDEX TO DOCUMENTATION OF COUNTRY CONDITIONS REGARDING PERSECUTION OF HIV-POSITIVE INDIVIDUALS IN ZIMBABWE TAB SUMMARY GOVERNMENTAL SOURCES 1. Government of Zimbabwe, Sexual Offences Act 2001 (Aug. 2001), available at: https://evaw-global-database.unwomen.org/- /media/files/un%20women/vaw/full%20text/africa/zimbabwe%20- %20sexual%20offences%20act%202001.pdf?vs=1843 “16 Sentence for certain offences where offender is infected with HIV Where a person is convicted of— (a) …sodomy… and it is proved that, at the time of the offence, the convicted person was infected with HIV, whether or not he was aware of his infection, he shall be sentenced to imprisonment for a period not exceeding twenty years.” (p. 8) 2. Australian Government, Department of Foreign Affairs and Trade (DFAT), DFAT Country Information Report Zimbabwe (Dec. 2019), available at: https://dfat.gov.au/about- us/publications/Documents/country-information-report-zimbabwe.pdf. “. societal discrimination against persons living with HIV/AIDS remains a problem, particularly in relation to health services, education, and employment. In the 2015 TAB SUMMARY Demographic Health Survey, 22 per cent of women and 20 per cent of men reported holding discriminatory attitudes towards those living with HIV/AIDS.” (p. 14) 3. The Independent Advisory Group on Country Information (IAGCI), UK Government, Country Policy and Information Note – Zimbabwe: Sexual orientation and gender identity (Jan. 2019), available at: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data /file/775001/CPIN-_ZIM_-_SOGIE._V4.0e__Jan_2019_.pdf. -
Alex Magaisa on Zimbabwe's Upcoming 2018 Elections
FORUM Q&A: ALEX MAGAISA ON ZIMBABWE’S UPCOMING 2018 ELECTIONS Alex Magaisa is a prominent Zimbabwean lawyer and constitutional expert currently teaching law at the University of Kent Law School in England. Between 2012 and 2013, he was chief of staff and principal advisor to Morgan Tsvangirai, then Zimbabwe’s prime minister in a coalition government and leader of the Movement for Democratic Change, the country’s main opposition party. In 2011–2012, Dr. Magaisa served as a key advisor to COPAC, the parliamentary committee that wrote Zimbabwe’s new Constitution, which was approved at a referendum and signed into law in 2013. He is the author of a widely acclaimed blog offering in-depth analyses of law and politics in Zimbabwe. He is currently a Reagan-Fascell Democracy Fellow at the National Endowment for Democracy. On July 10, 2018, he will lead a presentation that focuses on “Elections in Zimbabwe: Autocracy and Stasis, or Democracy and Change?” In late July 2018, Zimbabweans head to the polls for the first elections since Robert Mugabe was removed from office after ruling the country for 37 years. The new president, Emmerson Mnangagwa, has promised to enact numerous reforms to improve Zimbabwe’s economic and political situation. Mnangagwa enjoys the support of the military and entrenched elite that served the Mugabe regime, making his willingness and ability to make positive changes unclear. Meanwhile, long-serving opposition leader Morgan Tsvangirai died in 2018, leaving Nelson Chamisa to lead the opposition MDC-T party. These new internal political dynamics are occurring against the backdrop of increased interest by the Russian and Chinese governments in Zimbabwe’s vast mineral wealth. -
Thesis Hum 2013 Morreira S.Pdf
The copyright of this thesis vests in the author. No quotation from it or information derived from it is to be published without full acknowledgementTown of the source. The thesis is to be used for private study or non- commercial research purposes only. Cape Published by the University ofof Cape Town (UCT) in terms of the non-exclusive license granted to UCT by the author. University Transnational Human Rights and Local Moralities: the Circulation of Rights Discourses in Zimbabwe and South Africa Shannon Morreira Town Thesis Presented for the Degree of DOCTOR OF PHILOSOPHYCape of in the Department of Social Anthropology School of African & Gender Studies, Anthropology and Linguistics UNIVERSITY OF CAPE TOWN University February 2013 The financial assistance of the National Research Foundation (NRF) and the David and Elaine Potter Foundation towards this research is hereby acknowledged. Opinions expressed and conclusions arrived at, are those of the author and are not necessarily to be attributed to the NRF or the David and Elaine Potter Foundation. Acknowledgments The financial assistance of the National Research Foundation (NRF) and the David and Elaine Potter Foundation towards this research is hereby acknowledged. The opinions expressed and conclusions arrived at, are those of the author and are not necessarily to be attributed to the NRF or the David and Elaine Potter Foundation. I wish to express my appreciation of this support to both organisations, and to the staff of the UCT Postgraduate Funding Office, especially Stacey Moses, Olivia Barron and Bongiwe Ndamane, for their unfailing support and advice on all matters funding related. This research would not have been possible without the assistance of several organisations and individuals.