01 February 2010

Edition 30

CHIPINGE-A scandal is brewing after a the case, convicted and sentenced the farmers to The farmers’ lawyer had approached the High Magistrate blocked the enforcement of a High a US$800 fine each, and ordered them to vacate Court because of the unreasonable nature of Court order that would have resulted in him their homes and farms by last Wednesday evening Zuze’s order for them to vacate their properties losing access to a farm that he received under the (24 hours’ notice). at such short notice. The High Court granted controversial land reform programme. the farmers’ application by suspending Zuze’s ruling would effectively clear the way for their evictions. Chipinge Magistrate, Samuel Zuze last Tuesday him to move on to the property. convicted four farmers, Algernon Taffs of Chirega But Zuze ordered the arrest of Gifford and ScandalFarm, Z.F Joubert of Stilfontein, Mike Odendaal Not only did he block an attempt by the of Hillcrest and Mike Jahme of Silverton Farm Joubert in Chipinge as they attempted to serve the for refusing to vacate their properties. convicted farmers to then lodge an appeal against the conviction and sentence, but Zuze Notices of Appeal as well as the High Court order went further by ordering the arrest of Trevor suspending the eviction on the Clerk of Court Zuze did not mention that he is holding an offer in Chipinge. letter, issued in November 2009, for Jahme‘s Gifford, the immediate past president of the Silverton Farm when the men appeared before Commercial Farmers Union and Dawie Joubert, him and therefore had a direct interest in the who had travelled to Chipinge on Thursday to Maanda said that on the instructions of Zuze, the Trust Maanda case which, in normal circumstances, would serve the High Court order setting aside the Clerk refused to accept and stamp the Notices have led him to recuse himself from considering eviction, according to the two farmers’ lawyer, of Appeal. And instead of complying with the Kudya, law officers arrested Gifford and Joubert the matter. Instead, Zuze went on to preside over Trust Maanda. High Court Order, issued by Justice Samuel for contempt of court. To Page 4 ZZZICOMP is watching -Three influential civil society elections and to foster a culture of human rights ZZZICOMP said in January alone, it recorded State media reports also indicate that the process organisations have set up an independent and constitutionalism in . at least eight documented and confirmed has been hampered by lack of adequate funding mechanism to monitor the Parliament-led incidents of torture, assault and various forms of and quarrells over who will foot the bill for the constitution-making process that has been dogged ZZZICOMP, which will deploy two monitors intimidation, allegedly by ZANU PF youths, the recently held training of outreach teams by a myriad of problems ranging from funding to in each constituency has already trained 420 Zimbabwe Republic Police and the Zimbabwe political party bickering. monitors, as well as provincial coordinators and National Army personnel in Mudzi, Kuwadzana, other key personnel who are now on the ground Domboshava, Chimbondoro, Chiramwiwa Seventy teams are supposed to be deployed across the country observing the operating and Harare. throughout the country to solicit for ordinary The monitoring initiative is known as the environment in general. people’s views but they have been told to put Zimbabwe Peace Project (ZPP), Zimbabwe their programmes on hold until the fresh disputes Election Support Network (ZESN) and Zimbabwe The stop-start constitution making process was The monitoring body said its activities will act once again suspended a fortnight ago following are resolved. Lawyers for Human Rights (ZLHR) Independent sharp differences within President Mugabe and Constitution Monitoring Project (ZZZICOMP). as a confidence-building measure for the people by holding those leading the process to account Prime Minister Tsvangirai’s coalition government The unending problems affecting the crafting and insisting on greater transparency, pressuring over a consultation process that is already behind ZZZICOMP will assess and evaluate the for a conducive operating environment and schedule by several months. of the country’s supreme law also prompted the constitution-making process against established availability of diverse information relating to National Constitutional Assembly (NCA) to label principles, benchmarks and standards of constitution-making. The suspension, the latest setback for the process the constitution-making process “a circus.” constitutionalism and constitution-making, set to produce a new constitution to replace including openness, transparency, inclusivity, It would also assist in ensuring that the draft the one Zimbabwe adopted in 1980 is just one NCA chairman Lovemore Madhuku, whose legitimacy, accessibility and receptiveness. constitution ultimately produced is a true reflection indicator of the multiple challenges facing the constitutional reform body is opposing the of the input provided by those participating in fragile coalition government. current constitution-making process over sharp ZANU PF leader President , consultative and outreach processes. differences with President Mugabe and Prime Movement for Democratic Change (MDC) leader Besides being a key result area for the transitional Minister Tsvangirai’s approach to the process, Prime Minister Morgan Tsvangirai and his deputy ZZZICOMP said it was worried about the government, a new constitution would also lead said COPAC had failed to register progress within Arthur Mutambara, agreed to undertake a fresh current operating environment, whose conditions to fresh elections to end the southern African it said currently makes it impossible for country’s long running political crisis. its set timelines while the process is dependent on constitution-making process when they signed the views of politicians. the Inter-Party Political Agreement (IPA) in people to participate freely in the constitution- September 2008. The IPA formed the basis for the making process. The management committee of the Parliamentary formation of the fragile coalition government in Select Committee made up of representatives “We cannot watch this circus. It (process) is February last year. “Repressive legislation that inhibits freedom of from the three governing parties suspended the depending on the temperatures of politicians. assembly, association, expression and movement outreach programme on the new constitution They have failed to follow their timelines so it is has not been repealed or amended, and continues because they were reportedly divided on the now an open process,” Madhuku told journalists ZZZICOMP’s goal is to objectively monitor, to be selectively applied by the authorities,” criteria for the selection of rapporteurs to at a press conference held in Harare last Thursday. observe and report on the work of the Constitution said ZZZICOMP. accompany the outreach teams. Parliamentary Select Committee (COPAC), the public outreach programme, the work of The University of Zimbabwe (UZ) law lecturer the Thematic Committees and the Drafting said Western donors and governments must Committee, and the final document produced in stop wasting their resources by funding the order to adjudge how democratic and transparent current process. the constitution-making process is. “For the first time Zimbabweans are going to A statement issued by ZZZICOMP’s three protect Western taxpayers. They (politicians) are principals namely Rindai Chipfunde-Vava of not writing a constitution. They are siphoning ZESN, Jestina Mukoko of ZPP and Irene Petras money from the West,” he said. of ZLHR at a press conference held in Harare last Wednesday said the body will judge if the final constitutional document “accurately reflects the The NCA chairman said his organisation will input of broad and diverse popular participation” oppose the constitution-making process and any after monitoring the process. document that comes out of the process. Chipfunde-Vava said the three partners in “We will oppose the constitution that will come ZZZICOMP are non-partisan, independent and out of it. We don’t want to legitimise a bad professional organisations whose main functions constitution-making process. Constitutions must are to promote peace, promote democratic ZZZICOMP representatives Rindai Chipfunde-Vava, Irene Petras, Choice Ndoro and Wellington Mbofana emanate from the people,” said Madhuku. 01 February 2010

Farmer to appeal High Court ruling HARARE-Colin Cloete, a farmer whose Tribunal since Harare had not ratified it. Maxwell regarded is confined to the 79 applicants before there-under... I am amply satisfied that the application for a SADC Tribunal ruling to had argued that the Tribunal had no jurisdiction it, its ramifications extend to the former owners registration and consequent enforcement of that be registered and enforced in Zimbabwe over Zimbabwe, but Justice Patel ruled otherwise. of all the agricultural land that has been acquired (SADC) judgement would be fundamentally was dismissed last week will appeal to the since 2000.” said Justice Patel, in his 20 paged contrary to the public policy of this country.” Supreme Court, his lawyer has said. “It seems to me legally unsustainable to espouse judgment handed down on Tuesday last week. Uriri said he was happy in that the High Court a major facet of the amended SADC regime and had ruled that Zimbabwe was bound by the This follows a High Court ruling that although to simultaneously eschew those features of the He added: “Apart from the political enormity of SADC Tribunal ruling. the government was bound by the SADC same regime that are deemed to be politically any such exercise it would entail the eviction, Tribunal ruling made in favour of farmers inexpedient and unpalatable,” said Justice Patel. upheaval and eventual relocation of many “We are going to file an appeal to the Supreme more than a year ago, Zimbabwe courts could This was in reference to the fact that Zimbabwe if not most of the beneficiaries of the land Court early February. The state should have not enforce the judgement here because it has participated in the SADC Troika which reform programme. This programme, despite seen this coming; it voluntarily took the risk infirnged on public policy. was created by the same SADC Treaty which its administrative and practical shortcomings, is to be part of the SADC Treaty. It is contrary to established the Tribunal. Added Justice Patel: “All quintessentially a matter of policy in Zimbabwe, invoke domestic law to defeat its obligation at Last week High Court judge Bharat Patel member states (of SADC), including Zimbabwe, conceived well before the country attained its international law when it has undertaken to be dismissed an application by the former concluded and signed the Agreement Amending sovereign independence.” bound,” sai Uriri. Commercial Farmers Union president Cloete rd to register and enforce a ruling made by the Protocol on Tribunal on the 3 of October the Namibian-based SADC Tribunal made 2002... It follows that the Republic of Zimbabwe When Mike Campbell and 78 other farmers – Should the Supreme Court not rule in favour in November 2008 to have 79 commercial thereupon became subject to the jurisdiction who included Cloete – took Harare to the SADC of Cloete, Uriri said they would approach farmers compensated for their land which of the Tribunal and that the jurisdictional Tribunal they argued that the government must the Tribunal for it to refer the matter to the has been seized for the controversial land competence of the Tribunal in the Campbell have expected that some of its citizens would SADC Summit. reform programme and allow them to remain case, which was heard and determined in 2008, take it there and must be bound by its ruling. on the land. cannot now be disputed. The respondents’ (State) “As for the doctrine of legitimate expectation, “We would have exhausted all domestic position in this regard, is essentially erroneous the applicants before the Tribunal and others in remedies in search of justice,” said Uriri. Advocate Lewis Uriri who represented and misconceived.” their position are absolutely correct in expecting Almost all white-owned land in Zimbabwe Cloete said he would appeal against Justice the government of Zimbabwe to comply with has been seized in the past 10 years under Patel’s ruling which says enforcing the SADC However, Justice Patel went on to dismiss the its obligations under the SADC Treaty and to the controversial land reform programme. Tribunal ruling would have a negative impact application to have the SADC Tribunal ruling implement the decisions of the Tribunal,” said President Robert Mugabe’s critics say the on Zimbabwe’s agrarian reform policy. enforced in Zimbabwe, saying it was against Justice Patel. “However, I take it that there is an land seizures – often violent – have helped the country’s “public policy”-a development incomparably greater number of Zimbabweans destroy the Zimbabwe’s economy as much Justice Patel dismissed the State – led by which Cloete’s lawyer has said will form his who share the legitimate expectation that the of Zimbabwe’s best land has been allocated Fatima Maxwell - who had contended that basis for appeal at the Supreme Court this month. government will effectively implement the land to people who have no experience in Zimbabwe was not bound by the SADC “Although the Tribunal’s decision, strictly reform programme and fulfil their aspirations commercial farming. Zim could slide into recession HARARE-The Crisis in Zimbabwe Coalition He added: “State machinery is without doubt under violence, the failure to swear in Roy Bennett as (CZC) has warned that the political impasse the control of ZANU PF, the military, the army Deputy Minister of Agriculture, the continued caused by the failure to implement the Inter Party and the central intelligence. These institutions selective application of the law and failure to free Political Agreement (IPA) could lead Zimbabwe have become the political commissariat for the airwaves. to slide into recession and back to the days of ZANU PF because during the elections they were runaway hyper inflation and re-activation of State campaigning on behalf of ZANU PF which is not “The GPA exhorts the parties to the agreement sponsored violence. the role of the army.” to work together to create a genuine, viable, permanent, sustainable and nationally acceptable CZC chairperson, Jonah Gokova, said on A number of outstanding issues have been raised solution to the Zimbabwe situation and in Thursday at the launch of a report on the year- which include; the refusal of the government to particular to implement the agreement with old transitional government that its member share the provincial governorship posts as per the aim of solving once and for all the current organisations noted the continued violation the agreed formula, the removal of the Attorney political and economic situations and charting a of human rights and a lack of political will on General and Reserve Bank of Zimbabwe Bank new political direction for the country,” said CZC the part of ZANU PF to implement the IPA in Governor, the continued use of State sponsored chairperson, Gokova. “good faith”. This child faced the brunt of polical violence still rife in some parts of the country. Pic courtesy of CZC The report collates views from CZC member organisations and gives an analysis of the outstanding issues to the IPA. It gives the individual views of a cross section of organisations ranging from churches, students, the youth, women’s organisations and the media. Abuses could increase Zim isolation “Repressive laws remain with no clear reforms HARARE-ZANU PF’s decision to use removal of sanctions—clear cases of selective “ZANU PF has continued committing set out. Cases of political violence persist power sharing talks as leverage to push for application of the law and police harassment of grave human rights abuses and acting as if while the public media continues to churn out the removal of Western imposed sanctions rights defenders undermined Zimbabwe’s case for the agreement had never been signed. The propaganda and denigrate both civil society and could actually increase international international re-integration. European Union runs the risk of reinforcing other political players,” said Gokova. isolation, particularly as rights abuses ongoing repression and impunity in continued last week. The law has been thrown out of the window in Zimbabwe if it eases the sanctions “The political impasse caused by the failure to Chipinge, where a Magistrate, Samuel Zuze, has now,” Gagnon. abide by provisions outlined in the agreement The European Union (EU) is reviewing its refused to accept a High Court Order allowing could possibly lead to the recession of Zimbabwe travel and financial sanctions policy imposed evicted white farmers to stay until their cases Added Gagnon: “Some in Europe might to the days of runaway hyper inflation, in 2002 on President Robert Mugabe, his were finalised. Instead, law officers arrested and believe that making concessions is the way re-activation of politically motivated and State inner circle and companies accused of detained Trevor Gifford, a former Commercial to get ZANU PF to moderate its behavior, propping up the authoritarian previous but ZANU PF has shown that it would only sponsored violence, food shortages and general ZANU PF government. Farmers Union president for delivering the High decay in the provision of social services.” Court order to the Magistrates Court on Friday. take this as a sign of weakness and dig in its heels even further. The European Union Now only part of a power sharing should insist before it takes any action Addressing the same occasion, Zimbabwe government after losing elections in March On Tuesday, police arrested 11 women protestors who were part of a group of 200 defenceless that ZANU PF makes the concrete and Journalists for Human Rights (ZJHR), 2008, ZANU PF has announced that it irreversible improvements in human rights chairperson Pedzisai Ruhanya said Zimbabwe would make no further concessions in Women of Zimbabwe Arise protestors in a march needed democratic consolidation, which entails ongoing political talks until the EU and the against falling education standards. and the rule of law that it agreed to.” the strengthening of democratic institutions US lift the sanctions. especially the rule of law, and the protection of The State last week preferred murder charges As part of its review of the sanctions policy, civil and political liberties. This effectively means talks aimed at on Emmanuel Chinanzvavana and Fani the European Parliament will this week resolving differences and fully implementing Tembo, councillors for Banket Town Council, host a panel discussion to evaluate the the Inter Party Political Agreement (IPA) to transitional government’s progress, one year “Political institutions and civil society need to be who are themselves victims of abduction and on. Minister of National Reconciliation, infused with democratic practices, for example, allow for democratic reforms as envisaged torture by State security agents two years ago. in the agreement are deadlocked. Sekai Holland, several EU Parliamentarians by the empowerment of civil society to increase Chinanzvavana and Tembo are accused of killing and Zimbabwean civic society leaders popular participation and make it more difficult Lancelot Zvirongwe, a ZANU PF special interests Political analysts and rights groups such Okay Machisa and Gabriel Shumba will for elite to manipulate democratic institutions,” councilor in Banket, in what lawyers describe as take part in the panel discussion to be as Human Rights Watch (HRW) say the trumped up and politically motivated charges. said Ruhanya. decision, compounded by ongoing abuses held at the European Parliament buildings in Brussels. of property and individual rights by State Georgette Gagnon, the Africa director at Ruhanya said the current problems of the institutions and officials linked to ZANU PF transitional government were a result of a would harden the international community’s HRW, said human rights defenders and Shumba, director of the Pretoria based “ZANU PF and President Robert Mugabe stance on Zimbabwe. ordinary people remain at the mercy of brutal Zimbabwe Exiles Forum told The Legal system of governance” adding that the State agents despite the formation of the Monitor that the situation in Zimbabwe party and its leader were the genuine The European Union, the US and transitional government. remained grave. outstanding issues”. other Western nations such as Canada, Australia and New Zealand want the Gagnon said the EU should maintain the “It is very difficult right now for “What we had in Zimbabwe before the inclusive IPA implemented in full, as well as an current sanctions policy until the IPA, which Zimbabweans in and outside the country. government was a government without citizens. end to harassment and intimidation of contains specific measures to promote freedom At ZEF, we are still receiving people fleeing It was a government which had its own agenda human rights defenders before lifting of speech and the rule of law, end politically political violence and other political abuses which did not resonate with those that it governed. the sanctions. motivated violence, and apply laws of the country yet the transitional government should have This view is supported by the outcome of the fully and impartially in bringing to justice all given both exiles and Zimbabweans at home March 29 2008 harmonised elections in which But just last week-as ZANU PF announced perpetrators of politically motivated violence, is the basis to feel safe. Unfortunately no-one those who were governing and because there the decision to suspend talks until the fully implemented. feels safe at all,” he said. were governing without citizens, the citizens decided against them,” said Ruhanya. 01 February 2010

Abductees tormented again CHINHOYI-A High Court Judge will this fingering Tembo, Chinanzvavana and Hodzi for Chinanzvavana was abducted by State security week preside over a bail application filed by kidnapping him. agents in October 2008 together with his wife two Movement for Democratic Change (MDC) Concillia and other Banket residents and accused councillors who are facing murder charges. Tawanda Zhuwarara and Zvikomborero of plotting to topple President Robert Mugabe’s Chadambuka of Zimbabwe Lawyers for Human previous administration. Emmanuel Chinanzvavana and Fani Tembo, Rights (ZLHR) last Friday filed bail applications councillors for Banket Town Council, who were seeking the release of the three men. He is currently awaiting the Supreme Court’s themselves victims of abduction and torture by determination on his application for a permanent State security agents two years ago, and Givemore stay of prosecution together with several other Chinanzvavana and Tembo, who deny causing or political and human rights activists on the basis Hodzi were last Tuesday charged with the murder arranging the death of Zvirongwe, said at the time of Lancelot Zvirongwe. that their constitutional rights were violated that the deceased was allegedly abducted they as a result of their abduction, torture and The late Zvirongwe was a ZANU PF special were attending to a Save the Children activity incommunicado detention. interest councillor for Banket. at Kuwadzana Hall in Banket. A number of individuals are said to be prepared to confirm the Tembo was abducted together with Terry Musona The State alleges that the three men kidnapped abductees’ statements. Hodzi was in Harare at the and Lloyd Tarumbwa from their Banket homes at Zvirongwe between Banket and Chinhoyi and time Zvirongwe was said to have been kidnapped. the same time as Chinanzvavana in 2008. He was dragged him to an area in Banket where they later located in Harare. The police claimed at the The trio argue that their names are only time that they were in protective police custody killed him with an unknown weapon and dumped as they were to be used as State witnesses against his body into Kingston Dam. mentioned in text messages, which are vague and contradictory in tense, meaning and sense. the other abductees. The State claims that the deceased sent some The arrest of the two Banket councillors mobile text messages to Zimbabwe Broadcasting “Such evidence is unreliable and will not suffice comes barely a week after the arrest of another Corporation (ZBC) radio presenter Richmond to sustain a conviction let alone a serious one like abductee and photo-journalist Andrison Manyere. Siyakurima, Assistant Inspector Chidakwa murder,” read part of their bail applications which Manyere who was arrested while filming an anti- and to an unnamed District Administrator will be heard on Tuesday in Harare. government protest was released without charge. Emmanuel Chinanzvavana

‘Unproductive’nd Parlyst opens The House of Assembly meets on 2 Once the Ministry has completed its draft, backdated to 1 November 2009, in national MDC formations without corresponding and February 2010, while the Senate will meet on the Minister will have to take it to the Cabinet employment council dues payable by simultaneous redress of ZANU-PF’s concerns 9th February 2010. Committee on Legislation and Cabinet for employers and employees in welfare and such as the illegal Western sanctions, approval before it can be submitted to Parliament. educational institutions). Western-funded pirate radio Parliamentary Update broadcasts”, etc. (Without some reform The forthcoming sittings of both Houses are Legislation Update Update on Inclusive Government legislation, which is not yet in the pipeline, likely to be brief because there is so little Budget Acts Gazetted: On 8th January, after The Prime Minister returned to his office from it does not look as if governments imposing work awaiting attention. normal Government Printer business hours leave on Monday 18th January. selective “sanctions” will lift them, and now (and after we sent out Bill Watch 1/2010), the that ZANU-PF has now clearly made this a The House of Assembly Agenda for this Appropriation (2010) Act and the Finance Cabinet has not met this month. Its first meeting condition for concessions, it leaves the Inter- week: Movement for Democratic Change (No. 3) Act were gazetted in a Gazette of 2010 will be this month (February). Party negotiations trapped within a somewhat (MDC) Chief Whip, Innocent Gonese’s Extraordinary, effective immediately. vicious circle.) Private Member’s Bill - to amend draconian [Note: Most of the tax law changes in the Finance The Council of Ministers met on Thursday sections of the Public Order and Security (No. 3) Act are with effect from the 1st January.] 28th January. Other GPA articles on which the nation Act (POSA) - is due for its First Reading, thought there had been agreement, such as the but further progress on the Bill will then Bills in Parliament No meeting of the National Security Council land audit and the formation of the National be delayed while it is considered by the House of Assembly: None. All Bills have (NSC) which was scheduled for January, despite Economic Council (NEC), have not been Parliamentary Legal Committee, which could been dealt with. No new Bills are currently the statutory requirement that the Council must implemented and now also seem to be subject take a week or two. The only other items on being printed. meet monthly. A February meeting has been of dispute. Agriculture Minister Joseph Made the agenda are uncompleted motions carried tentatively arranged. The NSC has met only (ZANU-PF) said there could be no land audit over from last year and some 50 questions for Senate: The Reserve Bank of once since its formation – a clear violation of the until sanctions have been lifted because reply by Ministers. Zimbabwe Amendment Bill awaits its Act. In the meantime ZANU-PF is said to have sanctions have prevented new farmers from Committee Stage. Amendments have been tabled refused any suggestion to dismantle or reform the becoming productive. And there has been The Senate Agenda for the following for consideration. Joint Operations Command (JOC), which it says delay and confusion as to who is responsible week: the controversial Reserve Bank of should remain in existence to oversee operational for the setting up of the NEC. Zimbabwe Amendment Bill, for which Bill awaiting introduction: The Public Order matters while the NSC handles matters of policy. proposed amendments have been tabled, and Security Amendment Bill (Mr Gonese’s MDC-T is said to be demanding that the JOC, be SADC Update dismantled. This is another unresolved issue for SADC Foreign Ministers met on motions carried over and a few questions Private Member’s Bill) was gazetted on th for Ministers. 11th December. The Bill now awaits introduction the negotiators. 7 January and were briefed by Mozambique in the House of Assembly. President, Armando Guebuza, chairperson No other Bills are ready for presentation. Joint Monitoring Committee (JOMIC) of the Security Organ Troika, on progress annual review of progress on the GPA is due in the Zimbabwe Inter-Party negotiations. Those who have been anticipating the Bills awaiting President’s Assent and/ or th prompt passage of the POSA Amendment Gazetting as Acts: Financial Adjustments Bill, 13 February. JOMIC is a creation of Article 23 The official communiqué issued after the Bill and the early introduction of media and Public Finance Management Bill and Audit of GPA. meeting contained only one sentence on other reform legislation so long promised Office Bill. Zimbabwe: “noted with appreciation the efforts are likely to continue to be disappointed. Negotiations on GPA disputes: Negotiations of SADC Facilitator in assisting Zimbabwe Other Bills urgently needed but not yet in the Statutory Instruments (SI): were resumed this year, but quickly to fully implement the Global Political st postponed: The negotiators met briefly on the Agreement (GPA)”. Press reports afterwards, pipeline are Bills to enable the Constitutional On 1 January seven Budget-related statutory evening of Wednesday 20th January after a break however, quoted the Mozambique Foreign Commissions to function properly. instruments were gazetted, effective immediately: of nearly four weeks since the previous meeting Minister as saying that nobody at the meeting SIs 1/2010 (VAT changes), 2/2010 (customs and of the principals on 23rd December. They made was happy with the pace of negotiations Once the Constitution Outreach Programme excise tariff changes) 3 and 4/2010 (customs no progress and fixed their next meeting for in Zimbabwe. “We want the talks to conclude starts, which is now considered unlikely duty suspensions), and 5, 6 and 7/2010 , which 8th February. In the following days MDC-T as soon as possible.” The Organ Troika met before the third week of February, it is fix at 10 percent the rate of interest payable by negotiator Tendai Biti was reported to have told with the SADC Summit Troika on 14th January. planned to last for at least 65 days. As most taxpayers on unpaid customs duty (SI 5), capital the MDC-T Standing Committee meeting on The official communiqué issued after this MPs will be involved in that programme, it gains tax (SI 6),and income tax (SI 7) and provide Friday that the negotiators were deadlocked, Summit again had only a single sentence would be difficult to have Parliament sitting for the same rate of interest to be paid by ZIMRA and party spokesman Nelson Chamisa was on Zimbabwe: “ Summit also noted with during that time, although MPs could be on overdue refunds to taxpayers. quoted as saying after the Standing Committee appreciation the efforts of SADC facilitator recalled to Parliament to deal with urgent th meeting that the party may refer the current in assisting Zimbabwe to fully implement business if necessary. On 8 January three statutory instruments were “logjam” to President Zuma. Negotiators from the global political agreement and urged the gazetted, effective immediately: SI 8/2010 (fixing the three parties have reportedly agreed on 16 of parties to implement decisions made.” Last year Parliament was unproductive. After the maximum height and length of omnibuses for 28 outstanding power-sharing issues. But there the formation of the inclusive government, the purposes of the Road Motor Transportation th st has been no formal announcement on what has AU Summit 25 January to 2nd February, there was very little in the way of legislation Act); SI 9/2010 (fixing the 31 December 2010 as been agreed. Addis Ababa other than Bills from the Minister the deadline for the change-over from the “old” to The AU Heads of State and Government of Finance. As things stand, this year the “new” motor vehicle number plates under the Deadlock? will meet 31st January - 2nd February. Parliament looks set for an unproductive Vehicle Registration and Licensing Regulations); The number of unresolved issues between the This is proceeded by meetings of few months. and SI 10/2010 (brokers’ fees, levies payable to major parties in the inclusive government has the Permanent Representatives the Securities Commission, and registration and increased to include, for example, the review of Committee and the Executive Council. Committee Meetings: House of Assembly licensing fees under the Securities Act). ministerial allocations – with the MDC-T said The theme of the Summit is “Information portfolio committees and Senate thematic th to be demanding the Ministry of Foreign Affairs and Communication Technologies committees are scheduled to continue until the On 15 January, in another measure announced and sole control of Home Affairs, the role of the in Africa: Challenges and Prospects Constitution consultation programme starts in the Budget, SI 11/2010 prescribed road toll permanent secretary in the Ministry of Media, for Development”. Among items to be in earnest. fees, not only in US dollars but also in rand, pula, Information and Publicity, George Charamba, considered are the report of the AU’s Peace euro and pound; it also specified two additional who MDC-T accuse of leading a campaign of and Security Council on the State of Peace and Constituency Development Fund tolling points near Harare, one on the Harare- hate speech aimed at derailing the GNU, etc. Security in Africa, and Malawi’s candidature The Constituency Development Fund Mutare road beyond Ruwa, the other on the for the AU chair, which is endorsed by SADC, announced by the Minister of Finance in Harare-Seke road beyond Chitungwiza. ZANU-PF at their National Congress at the but being contested by President Gaddafi, his Budget Statement on 2nd December end of last year instructed President Mugabe who wants to retain the chair for a second 2009 has not yet been set up. The Ministry On 22nd January the following statutory and ZANU-PF negotiators “to ensure that term. ZANU-PF has said that it will be taking of Constitutional and Parliamentary Affairs instruments were gazetted, effective immediately all outstanding issues, once agreed, must be the “sanctions” question to the AU Summit. is working on a Bill to provide for the – 13/2010 (customs duty suspension on water implemented concurrently. This means there establishment and operations of this fund. treatment chemicals), 14/2010 (increase, should be no movement on the concerns of the Source: Veritas 01 February 2010

Payback time beckons for ministers HARARE-Four government ministers face Kembo Mohadi, together with Justice Minister Crispen Makendenge, Detective Chief Inspector Takawira, Mapfumo Garutsa, Pascal Gonzo, court action for their alleged roles in the Patrick Chinamasa and former State Security Mpofu, Chief Superintendent Peter Magwenzi, Tawanda Bvumo, Chinoto Mukwezaramba, abduction and torture of several political and Minister Didymus Mutasa to pay damages Detective Chief Inspector Elliot Muchada, Pieta Kaseke, Regis Mujeye, and Violet human rights activists. because they were in charge of agents involved in Superintendent Josh Shasha Tenderere, Assistant Mupfuranhewe, who was abducted together the abduction and torture. Inspector Mudandira, Superintendent Regis with her two-year old son Nigel. The High Court has already set down dates Takaitei Chitekwe, Detective Asssitant Inspector for the pre-trial conferences. State security agents abducted and held the 17 Maria Phiri, Detective Inspector Chibaya, The abductees had to be hospitalised in various secret locations between October and Detective Muuya, Senior Assistant Commissioner following the torture. The torture included However, the abductees’ lawyers have December 2008. The State is charging them Chiobvu of the Prison Services, and a retired severe beatings, being thrown into freezers applied for a postponement of the pre-trial with sabotage, banditry, terrorism and plotting to army brigadier, Asher Walter Tapfumaneyi, for lengthy periods, and other inhumane conferences and are seeking a consolidation unseat the previous government led by President who is now the Assistant Director of the CIO acts such as pouring ice-cold water onto the of related matters so that they can be heard Robert Mugabe. External Branch. genitals of abductees and stripping naked at once. a male 73-year-old abductee in front of The activists filed their lawsuit with the High Each of the activists is demanding “We are considering a consolidation of related Court last July and are demanding US$1.2 million US$500 000 in damages for unlawful abduction, female abductees. matters so that those closely related are heard each for abduction and torture. enforced disappearance, unlawful detention at the same time,” said Alec Muchadehama, incommunicado (isolation), unlawful arrest and The case could encourage hundreds of one of the abductees’ lawyers. Besides the ministers, the abductees are unlawful deprivation of liberty; US$100 000 other Zimbabweans who have suffered demanding that Happyton Bonyongwe, the for assault; US$300 000 for torture, pain, shock, state sponsored abduction and torture The 17 political and human rights activists Central Intelligence Organisation Director suffering and psychological trauma, contumelia to seek civil redress in attempts to are demanding over US$20 million in General, Police Commissioner General, and loss of amenities of life; and US$300 000 for reduce impunity and contribute towards damages from four government ministers and Augustine Chihuri, and Zimbabwe Prison malicious prosecution. national healing. top security commanders whom they hold Service chief, Paradzai Zimondi be held liable for responsible for their abduction and torture presiding over their three-month ordeal. The activists include freelance photo-journalist All the abductees are awaiting a Supreme Court last year. Andrison Manyere, Concillia Chinanzvavana, determination on their applications seeking a The lawsuit also targets middle ranking officers her husband Emmanuel Chinanzvavana, permanent stay of prosecution on the basis that The activists want Home Affairs co-ministers allegedly involved in the actual abduction Collen Mutemagau, Kisimusi Dhlamini, the torture and abduction violated their basic Giles Mutsekwa, an appointee of Prime and torture. These are police Senior Assistant Audrey Zimbudzana, Zakaria Nkomo, Gandhi human rights as enshrined in the Constitution Minister Morgan Tsvangirai and ZANU PF’s Commissioner Nyathi, Chief Superintendent Mudzingwa, Fidelis Chiramba, Broderick of Zimbabwe. Visually impaired score HARARE-The Supreme Court has made a of other status. To this day, I am not aware landmark ruling which ensures that all visually of what became of those ballots I refused to impaired Zimbabweans can be assisted to vote acknowledge. From that day, I saw no point by the people they would have chosen and that in voting under the present electoral regime there is a voters’ roll which is friendly to them. as it unduly restricts my fundamental rights.”

Last week, the Supreme Court declared a In his founding affidavit Kuchera said given that section of the Electoral Act, which prescribed visually impaired people would have divulged that visually impaired people would vote in the their political preferences, ZEC officials in presence of a police officer, a presiding officer the post election era could victimise them if and Zimbabwe Electoral Commissioners (ZEC) they belong to different parties. Kuchera, said: officers unconstitutional, and null and void “The police force is also fast losing credibility as an impartial and non-partisan body given the The ruling by the Supreme Court led by Chief open utterances by some high-ranking police Justice followed an officials reported in the media, that they would application by visually impaired human rights never salute puppets.” activist Masimba Kuchera and five others, who had asked the court to declare Section 60 (1) (a) and (b) He added: “It is common cause that the post of the Electoral Act (Chapter 2:13), unlawful and election era is normally volatile with incidences a contravention of the Constitution of Zimbabwe. of politically motivated violence being witnessed. (On 28 March, 2008) I advised (election officials) All smiles Masimba Kuchera after the Supreme Court victory Lawyer Jeremiah Bamu Jeremiah Mutongi Bamu, Kuchera’s lawyer that I would still cast my vote but under protest. and a member of Zimbabwe Lawyers for I was compelled to disclose to him (police officer) assisted me to vote and even know whom I ZEC had no financial capacity to implement Human Rights had filed the application in the the candidates I wished to vote for. I have never voted for. I only thank God that there have any alternative form of voting, especially for Supreme Court in June 2008 after the March known this presiding officer and still do not know been few if no reported cases of post elections blind voters as that would include a Braille election in which his clients said they had been him. I also do not know the other persons before retribution in my constituency, otherwise I ballot system. forced to divulge their political allegiance whom I made my political preferences known. would have feared for my security as we speak.” to individuals who were alien to them. Perhaps I even come across them on occasion Minister of Justice Patrick Chinamasa had Other applicants were Shelter Chizhanje, Simon and maybe they even boast to others that they opposed Kuchera’s application arguing that Mvindi and Man’on’o Chorus. “I was advised that my voting preferences had been recorded on the ballot papers,” said Mathando Newton, one of the applicants of his From Page 1 experiences during the March 2008 election in his affidavit to the Supreme Court.

“I was however not satisfied and asked them (ZEC officials) to tell me the political party against whose candidate they had marked my vote. It is then that I got the shock of my life; they Magisterial scandal told me that my vote had been recorded against “On 28 January the farmers who had been The State then failed to produce the two farmers Zuze’s instruction for Gifford to be arrested for the candidate for ZANU NDONGA! My true ordered to vacate the farms served the in court in Mutare on Friday because the police delivering a High Court order unfavourable intention was to vote for a ZANU PF candidate. High Court order on Mr Zuze. The (High vehicle transporting them to Mutare had no tyres. to the Magistrate was also a serious dent to I advised (ZEC) officials of this position, Court) order suspended the operation of Efforts to have them appear in court on Saturday the integrity of Zimbabwe’s judicial system, highlighting that my political preferences had his (Zuze’s) ruling for eviction. It was after failed after police detectives told Maanda that Maanda said. not been properly recorded and refused to service of the order was effected on Mr Zuze they were not ready because they were still acknowledge the ballot so cast as a true reflection that the police arrested Gifford and Joubert. investigating the matter and still going through It also reinforces the perception that judicial of my political preference. I therefore demanded The cause for their arrest is that they were their statute books to find a “proper charge”. officers who have taken up farms have that I be allowed to cast my vote on my own.” in contempt of court: contempt in that they compromised their independence. tried to have a notice of appeal issued by the Clerk of Court, tried to serve a letter on the The lawyer expressed concern over the abuse “Another ballot paper was produced. of the justice delivery system in cases involving Zuze is no stranger to controversy-in 2009 I demanded that (ZEC) officials indicate to Magistrate and caused a court order to be served on the Magistrate,” said Maanda farm ownership wrangles. Maanda said that more he convicted and sentenced Hon. Mathias me the spaces where I was expected to put my worrying was the fact that Zuze is a beneficiary Mateu Mlambo and Hon Meki Makuyana, mark and the name of political party of each Maanda said Gifford and Joubert - arrested of a farm belonging to one of the farmers whose the two MDC members of Parliament whose candidate against the space to place my mark. on Thursday - were now in police custody in eviction he ordered, meaning he was both a respective constituencies are in Chipinge. I was denied this opportunity,” said Newton. Mutare after being transferred from Chipinge. player and referee in the case. Maanda said it was The two have since been suspended from Prosecutors allegedly refused to deal with the a grave assault on the proper administration of Parliament by Austin Zvoma, the Clerk of He added: “In frustration, I walked out. matter in Chipinge, due to the involvement of justice for Zuze to preside over a case in which he Parliament pending the determination of their It became clear to me that I was being effectively the resident Magistrate. had a clear interest. appeals in the High Court. denied the chance to freely express my political will in privacy as had been enabled persons