On Friday, 27 September 2019, Botswana’s non-governmental organisations called for peace ahead of what promises to be tightly contested polls scheduled for Wednesday, 23 October 2019.

The Universal Periodic Review – Non-Governmental Organisation (UPR NGO) Working Group (Botswana Chapter) has compiled a document in which it details what should happen before and after the elections.

The document stated that the principles of botho (humanity) and democracy continue to be the basis that allows Botswana to thrive despite trials and changing times.

“The positive role which Botswana has played and continues to play in the forging of peace and of democratic space in the SADC (Southern African Development Community) region is testimony to its culture of peaceful engagement,” read the document in part.

The NGOs said it is important that all candidates contesting the October poll should be role models for the nation by showing respect for one another, respecting the dignity of all and engaging in fair competition practices.

“An attack on the dignity of others is an attack on the dignity of all of us, as Batswana. This is the basis of mutual respect and botho,” the NGOs said.

They added: “Politics does not need to be a ‘game of insults’ – we unfortunately are making the choice for it to be so. Let us return to a respected and living botho in our nation.”

The UPR NGO Working Group also called on the authorities to ensure that the polls are safe, transparent, free, fair and peaceful.

“We further call upon all contesting parties to ensure that, upon winning elections, they uphold their human rights commitments and obligations,” the group said.

It further called upon political parties to ensure that the observance of the rule of law constitutes the core basis of their plan of action.

“This means that all should respect fundamental rights and freedoms, guarantee non-discrimination and effective access to justice,” the NGOs stated.

The ruling Botswana Democratic Party (BDP) is expected to face stiff competition from an opposition coalition called Umbrella for Democratic Change and the newly formed Botswana Patriotic Front, a splinter group formed by disgruntled BDP members.

BDP is also facing a mammoth task following a fallout between incumbent president Mokgweetsi Masisi and his predecessor former president Ian Khama.

Khama and his brother, Tshekedi Khama, have since joined the newly formed BPF.

The UDC, on the other hand, is leaving no stone unturned as it has managed to source sponsors who have donated helicopters to help traverse the sparsely populated country.

Only the BDP used to reach far flung settlements as it benefited from state resources and international financers.

Farai Dziva|Finance Minister Mthuli’s bookish policies are disastrous, Masvingo based political analyst Jeffryson Chitando has said.

“Prof Mutuvi Ncube doesn’t know that banning Ecocash will never solve Zimbabwean economic crisis.

This will force goods in the streets to official be sold in foreign currency. Rentals will by November be charged in foreign currency if he maintains this policy.Ecocash was the best available money transaction.

Banning Ecocash will mean most people will not have any alternative besides charging goods and services in foreign currency.Ncube should apply for free lectures on Casino Economy from Moneychangers.

The Moneychangers are far more advanced than his bookish policies ,they survived 2008-9 economic crisis while he was in European countries.

Farai Dziva|
The Speaker of Parliament Advocate Jacob Mudenda has received briefings from a lot of diplomats who have emphasized the need for an inclusive national dialogue, it has emerged.

“He is well aware that in the absence of Chamisa and Mnangagwa smoking a peace pipe, things will get worse and could lead to instability in the country,” a government source said.

DID CHAMISA MESS UP? VIDEO: Chamisa’s wife was laughing when Nero was being handed the microphone also realising she had made a mistake to mention Susan instead of Elizabeth (something set to offend other women). WAS CHAMISA WRONG?

DID CHAMISA MESS UP? VIDEO: Chamisa's wife was laughing when Nero was waking away the microphone also realising she had made a mistake to mention Susan instead of Elizabeth (something that set to offend other women). WAS CHAMISA WRONG? pic.twitter.com/61by8vMj7s

— ZimEye (@ZimEye) September 30, 2019

By A Correspondent- Parliament is attempting to broker a deal to end the political stand-off between President Emmerson Mnangagwa and opposition leader Nelson Chamisa in the face of renewed international pressure for dialogue.

Zimbabwe is suffering its worst economic crisis in a decade and talks between the two main political players are seen as key to reviving a country that was once dubbed the “breadbasket of Africa”.

Chamisa, who leads the opposition MDC and lost a disputed presidential election last year, maintains that Mnangagwa stole the vote with the help of the Zimbabwe Electoral Commission, but has noticeably stopped describing his rival as “illegitimate” recently.

Sources familiar with the matter told a new publication that the Speaker of the National Assembly, Jacob Mudenda, has set up a team of negotiators who are shuttling between Munhumutapa government offices and MDC headquarters in an effort to bring the two political protagonists to the negotiating table.

“Mudenda has received briefings from a lot of diplomats who have
impressed on him the need for an inclusive national dialogue. He is well aware that in the absence of Chamisa and Mnangagwa smoking a peace pipe, things will get worse and could lead to instability in the country,” one source said.

Another source in the MDC said in an effort to lure the opposition, Mudenda is pushing to ensure Parliament fast-tracks critical electoral reforms and has engaged the Zimbabwe Electoral Support Network (Zesn) to help craft a comprehensive draft Bill which captures recommendations made in the observer mission reports on the 2018 general elections.

“At the core of the dispute is how elections have been run in this country, the laws, how the Zimbabwe Electoral Commission has failed and all these things are captured in a compendium of recommendations by election observer missions, which were compiled by Zesn,” the source said.

“The same organisation has also petitioned Parliament on these reforms and the Speaker’s people assured the MDC that he will be pushing for these reforms.”

MDC deputy secretary for international affairs Douglas Mwonzora outlined key issues which emerged from a recent parliamentary committee visit to Sweden.

Mwonzora, who was part of the team that went on a diplomatic trip to the Scandinavian nation led by Mudenda, said the Speaker advised the Swedish authorities of his efforts to get the talks going.

“It is not factually correct that the Speaker and his delegation faced hostility from the Swedish authorities. The Speaker and his delegation were well received and all discussions were frank and cordial. Further, the Speaker advised the authorities that he had initiated a process to ensure dialogue between President Mnangagwa and the MDC president, Nelson Chamisa. He specifically indicated that there were overtures to the MDC Alliance party to have an inclusive national political dialogue,” Mwonzora wrote in a report about the trip to his party.

Mudenda reportedly also told the Swedish authorities that his legislative agenda involved getting help from Zesn to align the Electoral Act to the country’s Constitution.

“The Speaker also advised that he had tasked Zesn, (which is) composed of 30 civil society organisations, to revise the Electoral Act so that the same would be in line with the Constitution and international best practice. This follows Zesn’s petition to Parliament,” Mwonzora wrote.

Mnangagwa has already opened meetings with other fringe political parties and independents who contested in the 2018 presidential elections, but Chamisa and his party have refused to be involved because the talks were not curated by a neutral convenor.

Mudenda said he would not comment on the matter in the Press or public.

“We do not comment on these issues in the Press, it will be jumping the gun. Why don’t you allow the people who are doing what they are doing to finish what they are doing and then you can write. The media should play a developmental and nation-building role,” he said.

MDC spokesperson Daniel Molokele said he was not aware of any overtures by Mudenda to bring Chamisa to the negotiating table with Mnangagwa.

“You are actually breaking news for me, I am not aware of that. I am actually clueless,” he said.

Zanu PF spokesperson Simon Khaya Moyo was not immediately available for comment as he was not answering his phone.

Meanwhile, Chamisa, together with his deputy Tendai Biti, returned from his diplomatic offensive tour of West Africa, where they met political party leaders, former heads of State and government and other officials to ramp up pressure for political talks back home.

The trip, which ended in Sierra Leone, started in Nigeria, where Chamisa and Biti were joined by former President Olusegun Obasanjo. The team combined the diplomatic offensive with promoting a book co-written by Biti and Obasanjo.

MDC deputy spokesperson Luke Tamborinyoka said the trip was an important diplomatic offensive, which had yielded many positive results all in an effort to ensure that Mnangagwa buckles to a political settlement over the crisis in Zimbabwe.

“The diplomatic offensive is going on well. President Chamisa … is tapping on the wisdom of those elders and its going on well … I can’t tell you the whole trajectory, but we are going to mount political and diplomatic pressure and we are well on course,” he said.

-Newsday

Paul Nyathi|Former Minister and Zanu-PF politburo member Professor Jonathan Moyo has called for the exhumation of Joshua Nkomo from the National Heroes Acre and his remains to be buried at the Matopos.

This follows a move by the Mugabe family to snub the National Heroes Acre and buried former President Robert Mugabe at his Zvimba rural home at the weekend.

Prof Moyo said it was only proper for Nkomo to be buried close to King Mzilikazi in Matopos.

With the "National Heroes Acre" soiled and confirmed as just a ZanuPF cemetery and thus permanently discredited, arguably, it stands to reason that #Matopos, where #KingMzilikazi rests, is the befitting resting place for #FatherZimbabwe. Something only a new Zimbabwe can correct! pic.twitter.com/N5Yt2KyGjd

— Prof Jonathan Moyo (@ProfJNMoyo) September 30, 2019

Nkomo died on 1 July 1999 and was buried at the Heroes Acre amid reports that his family wanted him to be buried next to his parents in Kezi.

Paul Nyathi|The family of the late former Zimbabwe president, Robert Mugabe, said the national hero was afraid that some top politicians would harvest his body parts for rituals if buried at the National Heroes Acre, is this a suggestion that Mugabe was aware that body parts go missing at the National Shrine?

Speaking from the Mugabe homestead at Kutama Village in Zvimba, Mugabe family spokesperson, Leo Mugabe said:

“You know some people have an inclination for rituals. We are afraid that some people are after his body parts or even his whole body and they want to use that for rituals.

Mugabe Family went further to assemble a very high security tamper proof coffin for him as if they knew something.

… the casket is tamper-proof and there is nothing unusual about that because we are trying to follow his last wishes which he confided to his wife before he passed on; he intimated that there were people who wanted to use his body for rituals.”

The family’s fears struck a final stroke when government revealed that it was building a mausoleum at the National Heroes Acre that would not be for Mugabe only forcing the family to immediately revoke the Heroes Acre burial.

“Someone within the family told Grace that the mausoleum would not be for Mugabe only but would house graves of other Zimbabwean presidents.

She was expressly against this and that was what pushed her to opt for the courtyard burial. She had also clashed with chiefs and elders from Mugabe’s home about where his body should be buried.”

Mugabe was finally buried on Saturday in Zvimba after his family rejected a government offer to have the remains buried in a mausoleum at the national shrine.

Pedzisai Ruhanya, of the Zimbabwe Democracy Institute, believes that Grace Mugabe may be persecuted for embarrassing the government. He said:

“Let the burial proceed and get done with and observe Zanu-PF vengeance thereafter. We know they won’t take it lying down. They feel disrespected by the Mugabe family.”

By A Correspondent- Teachers have pleaded with the government to extend the biometric registration deadline as they cite that the deadline is too soon and impossible to work with. 

ZIMTA Secretary-General Tapson Sibanda said:

“The deadline is too near and impossible to work with. As a union, we do not understand what the government is trying to do.

We have engaged the government requesting that the deadline be extended beyond Monday (today) but we are not sure if they are going to respond positively to our request.

PTUZ‘s Raymond Majongwe also echoed ZIMTA’s sentiments when he said:

“We also take great offence at the attempt to blackmail our members by threatening to cease their salaries. If any member’s salary is ceased unprocedurally, we will make it expensive for the Commission.

According to the publication, Majongwe viewed the short deadline as set “for no other reason than to terrify our members into reporting for work” even when they are incapacitated to do so due to underpayment.

Public Service Commission in a move to weed out ghost workers urged all civil servants to register biometrically or risk being struck off the government payroll by 30 September 2019.

-DailyNews

By A Correspondent- Buhera Ward 25 councillor John Mangezi (Zanu PF) suffered swollen testi_cles after a village head pulled his manhood and twisted it for allegedly discriminating against MDC Alliance supporters in food aid distribution.

Mangezi reported the matter and village head Liberty Masvingise has since appeared in court charged with assault.

Magistrate Gylmax Kuhudzai was told that on July 10, 2019 Masvingise approached Mangezi who was distributing social welfare food and told him that the allocation for his village was not enough. He accused the councillor of abusing his political power and sidelining people that he perceived to be opposition by either giving them little or no food at all.

The agitated Masvingise then got hold of the complainant’s trousers buckle, sneaked one of his hands beneath the underpants and pulled the contents in front of villagers who had gathered to get their food allocations at Matsetsa DDF Camp under Chief Nyashanu.

The complainant was saved by villagers who ran to his rescue. The court was told that Mangezi suffered a swollen right scrotal. The councillor is said to be in the habit of sidelining villagers who are not ZANU PF supporters.

Masvingise who is under Chief Nyashanu denied the allegations and said instead it was Mangezi who bit his hands. He said Mangezi bit him after he pestered him over food.

The village head told the court that the councillor accused him of being an MDC Alliance supporter before biting his hands.

The two briefly haggled over food distribution books before the situation turned nasty.

Witness Hamudi who represented the State said on July 10 at around 10am the complainant was doing his routine duty of allocating maize to villagers. While he was doing that the village head approached him and complained that his village’s allocation was not enough and the allocations were unfair.

The complainant tried to explain that the allocations had not beenincreased but the accused did not listen. The accused then got hold of the complainant’s trousers buckle and attacked him.

The matter was postponed to September 30, 2019 for continuation of trial.

— Mirror

Victor Bhoroma|The Zimbabwean Dollar was re-introduced on the 24^th of June 2019 through the gazetting of Statutory Instrument (SI) 142 of 2019. The law outlawed the use and indexing of multiple currencies for local goods and services in the economy.

The multiple currency regime had been in official existence since 2009 when the local currency first collapsed at the height of hyperinflation. The Zim Dollar was introduced at a rate of 2.5 to 1 United States Dollar in February, but has weakened to more than 15 on the interbank market within the last 6 months.

The need to boost exports through a weaker domestic currency has been touted as the key motivation for re-introducing the local currency. Zimbabwe’s export receipts grew from US$2.84 billion in 2016 to US$4.23 billion in 2018 largely due to the introduction of the export incentive scheme by the Reserve Bank of Zimbabwe (RBZ) in September 2016.

The central bank introduced the scheme at 5% of gross export receipts in order to boost production of minerals and tobacco. The scheme was later reviewed upwards of 10% and widened to include diaspora remittances, manufacturing sector and all other export based industries in the economy. Buoyed by the general production stability witnessed in 2016, 2017 and 2018 where the country had uninterrupted power and fuel supplies, exports grew significantly.

This was despite the fact that the United States Dollar was the official currency in Zimbabwe in those three years. This year, exports have declined by 7.5% to US$1.9 billion for the first half of 2019 as compared to the same period in 2018.

There are a plethora of reasons why export receipts are declining in 2019 and these include resentment by exporters (especially small-scale Gold producers and tobacco farmers) over the low export retention thresholds, delays in payment by the apex bank and weakening exchange rate for the local currency used to compensate them for retained export receipts. Other reasons include fuel shortages, power cuts and increase in the cost of production on the local market.

It would have been expected (if the assertion was true) that with the loss of value in the Zimbabwean Dollar since February 2019, exports would grow exponentially with the rate or at least gradually with more appetite from Zimbabwe’s key export markets. The lessons from the first half of 2019, the export incentive scheme and the 2006-2009 period when the value of the Zimbabwean Dollar plunged to record lows is that growth in exports has very little to do with an undervalued local currency, but more to do with supply side incentives.

Zimbabwe’s export receipts are heavily biased towards raw commodities from mining and agriculture and these have been the mainstay of the country’s export performance since the turn of the decade.

Mining and agriculture commodities make up 92% of Zimbabwe’s formal export receipts and their prices on the world market are marked in the United States Dollar (not the local currency).

However producers have got a production cost component calculated in the local currency which benefits them more if the local currency depreciates in value against the US Dollar.

It is worth pointing that a very large portion of precious metals and other minerals are smuggled out of the country or under invoiced, hence they are not accurately accounted for on export receipts.

Potentially Zimbabwe’s export revenues from mining could be over US$5.5 billion per year. Manufactured exports (which are largely dependent on the value of the local currency) make up an average of 5% of export receipts in the past 5 years.

Manufactured exports are informed by productivity in Agriculture and their value declined significantly after the Land Reform Programme of 2000 and subsequent decay of production equipment. Therefore the country has to focus on the factors that boost export oriented production utilizing core competences in mining and agriculture. These factors include:

Enhancing production capacity

The most important factor in export growth is optimal production capacity, which is essentially measured using output per hour. Major export oriented economies in the world such as China, South Korea, Singapore, Germany and South Africa closer home; focus on boosting production capacity through supply side incentives, technology development and retooling of production equipment which benefit them through economies of scale, better than smaller economies.

The quality of merchandise is directly related to the price to be paid by the importer. Zimbabwe needs to focus on boosting production capacity in mining, agriculture and manufacturing industries first before the value of the local currency can be touted as a boost.

There is no benefit in having a weaker currency in an economy which fails to grow its production capacity. Supply side incentives range from tax cuts, production subsidies, government sponsored export development and export finance among others.

Zimbabwe focused on production subsidies in the past 4 years, only that the subsidies could not be sustained as they did not benefit genuine exporters in the economy and were funded through excessive money printing which was not backed by GDP growth. Zimbabwe’s manufacturing sector requires retooling while agriculture requires finality to land tenure issues that hinder investment.

Competitive export retention thresholds

The drop in production of Gold from 17.3 tonnes in H1 2018 to 12.3 tonnes in H1 2019 and Tobacco among other key export earners is largely attributed to resentment over low export retention thresholds. The central bank needs to increase export retention thresholds while creating a conducive environment for exporters to liquidate their proceeds on the interbank market.

The liquidation aspect is correlated to the level of confidence that the exporters have in the economy and the value of the local currency. However, higher retention thresholds boost confidence, improve production capacity and allow free movement of capital in and out of the country.  They also reduce the levels of smuggling for precious minerals and under invoicing of exports in general.

Value addition and beneficiation

Zimbabwe has not been able to significantly grow its export revenues due to limited value addition and beneficiation on the local market. The country misses billions of potential foreign currency earnings through exports of raw or semi processed commodities such as tobacco, chrome, precious metals and other mineral ores.

These exports are value added in China, United Arab Emirates (UAE) and South Africa earning those countries billions in export revenues. It is not surprising that China is the biggest producer of Ferro-chrome yet they do not mine the mineral and UAE exports over US$4.5 billion of cigarettes yet they barely grow tobacco. Value addition on the local market will guarantee Zimbabwe more export revenues which are less susceptible to commodity price movements as well. Value addition has ripple effects to manufacturing and service industries as well.

A weaker currency is a boost to countries that can produce optimally and take advantage of their undervalued currencies to export more units. A weaker Zimbabwean Dollar has limited contribution to the local economy considering the fact that the local economy is extractive in nature and there is little value addition applied to bulk of the country’s exports. Zimbabwe is a net importer from South Africa, Singapore and the United Kingdom despite the fact that their currencies are valued higher than the Zimbabwean Dollar.

Commodities traded on the world market are indexed in US Dollar values and success or failure rests on production capacity, economies of scale and incentives given to exporters to produce more.

Victor Bhoroma is economic analyst. He is a marketer by profession and holds an MBA from the University of Zimbabwe (UZ). For feedback, mail him on [email protected] or alternatively follow him on Twitter @VictorBhoroma1.

Jane Mlambo| Harare City Mayor Herbert Gomba has denied that the local authority has been given $42 million by the government adding that the supplies that were said to be stuck at the Beitbridge border only covers until the end of October.

Writing on microblogging site Twitter on Sunday, Gomba said they have received 11 cylinder of chlorine gas to take the city to October with the chemicals purchased by internal resources mobilised by the city fathers.

“To inform my bosses our residents that the truck which was wrongly said to be stuck at the boarder arrived with 11 cylinders of chlorine gas , that should take us thru October, again that was a purchase done by Cl using internal resources as we are waiting for gvnt support funds,” said Gomba.

“We have not received the said money yet from the central government, will inform the public when the money has been transferred into both the municipal and Chemplex account, for now, we are using internal resources for our municipal work, be blessed,” added Gomba.

A report in the Sunday Mail claimed that HCC has received an additional $42 million from the government to enable it to procure water chemicals.

THE number of people at risk of starvation this year has exponentially risen by 900% to 5,5 million, despite government shelling out a staggering US$3 billion since 2016 under the Command Agriculture programme targeted at alleviating starvation.

Recent disclosures by the Auditor-General (AG) show that substantial amounts of money under the programme were looted, mostly by top government officials, derailing the initiative. This has left millions of vulnerable citizens at the mercy of hunger. Government has since announced that it will splash an additional ZW$2,8 billion to finance production of the staple crop, maize, as well as soya bean under a cumulative land area of 240 000 hectares.

The programme, which formed the centrepiece of President Emmerson Mnangagwa’s election manifesto last year and is aimed at attaining import substitution in maize, has been marred by massive corruption and reduced to a looting spree.

Statistics from the Food and Nutrition National Council and the Zimbabwe Vulnerability Assessment Committee (Zimvac) seen by the Zimbabwe Independent indicate that the number of people stalked by hunger last year rose sharply from 600 000 to 5,5 million this year, putting relief agencies on high alert.

Government has adopted a new funding model for Command Agriculture during the 2019/20 farming season which will see it providing guarantees with banks and the private sector funding the programme to unlock the required $2,8 billion.

The Government has since invited private partners to fund the programme at an interest rate not exceeding four percent as it seeks to dilute its role as the sole financier.

Speaking during a Question and Answer session in the Senate on Friday, Lands, Agriculture, Water, Climate and Rural Resettlement Minister Perrance Shiri said Treasury had committed to issue $968 million worth of guarantees.

“The approach to financing the special maize and soya beans programme which is commonly referred to as Command Agriculture has changed for the forthcoming season. The programme will be funded through the banks and private sector with Government providing guarantees. Treasury has committed to issue a guarantee worth RTGS$968 million to unlock the required funding of RTGS$ 2,8 billion for the programme,” he said.

Minister Shiri said the Government guarantee is a vital fall-back position for banks and private sector players participating in the programme. He said the Government has already come up with requirements for the coming farming season.

“We have approached various stakeholders to play their respective roles and we are in the process of receiving and distributing inputs to the farmers. So, funding has been availed for the coming 2019/2020 season though the approach this year is slightly varied from what we used to do. However, funding has already been put in place and acquisition of various inputs like fertilisers, chemicals and seed is already taking place and has taken place in some cases and farmers have started receiving inputs,” said the Minister.

Minister Shiri said Command Agriculture was a transitional arrangement which was not meant to replace the role of market forces and the role of financial institutions in financing agriculture.

“Once the private sector comes on board and starts financing agriculture, Government’s involvement shall only be limited to a regulatory role and capacity building.

To ensure that the programme is fully funded, the financing mechanism is highly dependent on strong Public Private Partnerships (PPPs). In this kind of arrangement, Government invites private partners to fund the programme at a rate not exceeding four percent,” he said.

Presenting his Mid-Term Fiscal Policy Review and Supplementary Budget Statement last month, Finance and Economic Development Minister Professor Mthuli Ncube said Government has earmarked $2,8 billion for Command Agriculture.

He said Government would extend the facility by another year earmarking 210 000 hectares of maize and 30 000 hectares of soya beans during the 2019/20 summer cropping season.

The Finance Minister said the programme would only benefit farmers with good track records of repaying loans and producing high yields.

Prof Ncube said Government was this year targeting to support 640 000 hectares of grain crops that include maize, sorghum and pearl millet under the Vulnerable Households Inputs Support Scheme.

The Office of the President and Cabinet oversees Command Agriculture, while the private sector focuses on financing.

Finance Minister Mthuli Ncube has been warned of how the scheme is being used to loot funds but he continues to pump funds into it.

Watch video downloading below:

Paul Nyathi|Top Zimbabwean journalist Zimbabwe Independent editor Dumisani Muleya has revealed that the family of the late former president, Robert Mugabe who was buried in his rural village of Kutama on Saturday outrightly did not want incumbent President Emmerson Mnangagwa to preside over the burial of the long serving leader of the country.

Mnangagwa came into power through a military coup against Mugabe in November 2017 and Mugabe was bitter on the issue until his death at the beginning of this month.

Mugabe died in a Singapore hospital at age 95.

Muleya made the revelations on Monday morning speaking to South African Talk Radio 702’s Bongani Bingwa in a broad interview on Mugabe’s burial.

According to Muleya, the Mugabe family had been battling with the government as an extension of the coup that removed Mugabe in November 2017.

The family specifically didn’t want Emmerson Mnangagwa to preside over the funeral and they said that was Mugabe’s wish,” Muleya said.

Listen below to the full interview:

RETWEET! – Mnangagwa in Mwenezi clearly threatened brutality against doctors and lawyers also threatening to shorten the lives of people who make noise. pic.twitter.com/fJx5dOemL5

— ZimEye (@ZimEye) September 17, 2019

ARE BUSINESS INVESTMENTS SECURE IN ZIMBABWE UNDER CHIEF JUSTICE LUKE MALABA AND EMMERSON MNANGAGWA? (SECURE/RISKY?)

— ZimEye (@ZimEye) September 30, 2019

This man (Mnangagwa) is simply not fit for purpose, not fit & proper. He even said he is everything !!! It’s clear these abductions are coordinates from his office and his home. pic.twitter.com/NhDd2InycC

— VaChihera DemiZiwewera (@DemiZiwewera) September 18, 2019

State Media|THE courts never denied the opposition MDC-Alliance the right to demonstrate as wrongly presented to the United Nations but that should be read as a deliberate attempt to malign the judiciary and to score political points, Chief Justice Luke Malaba has said.

Briefing the United Nations Special Rapporteur on the right to freedom of peaceful assembly and association Mr Clement Voule last week, the judiciary boss said the MDC-A lawyers approached the wrong court with an appeal against the decision of the police to ban their planned demonstrations last month, citing security concerns.

Mr Voule met the head of the judiciary with a view to seek an explanation on a number of allegations including claims that the judiciary had denied people the right to demonstrate.

He also sought to hear the judiciary’s comments on allegations that it was not independent and that it was pro-Executive.

Last month, the police exercised their powers in terms of the law and issued a prohibition order against the planned MDC-A demonstration citing security concerns.

Instead of appealing the decision at the magistrates’ courts in terms of a valid law, the lawyers approached the High Court.

The High Court refused to hear the case citing jurisdictional reasons.

Chief Justice Malaba said politics was at play and that the manner in which the decision of the High Court was packaged for the media was meant to create the wrong perceptions about the court and the nation at large.

“If a police officer makes an order prohibiting a party to demonstrate in terms of a valid law and that law says you appeal to the magistrates’ court, that is the right provided by the law.

“An appeal is voluntary. We do not bind people to appeal. If you are not happy with the order restricting you when you want to march, you can sinply go to the magistrates’ court,” he said.

Govt, WHO assess cholera preparedness
“You know what they did? They went to the High Court. Surely, you can see that someone could have deliberately done that to create the basis for this kind of opinionated perception.

“If the High Court says it does not have jurisdiction because there is no law which allows one to appeal to it, the applicant would have done harm to his or her own case,” said Chief Justice Malaba.

The Chief Justice said media reports were then packaged in a manner that maligned the court and created a perception that the court did not respect freedom of expression and assembly.

“If the High Court makes such a ruling, it has no control over the media or other channels used to now malign it.

“Now the picture is created that the courts are denying people the right to demonstrate. No one accepts the fault of their own lawyers or themselves because it is deliberate.

“We have no means of defending ourselves and setting the record straight that the argument is all political.

“It is a political argument. It is not judicial. Publicity of that and how it is packaged, is all political. We don’t get involved in politics because we are not politicians, “said Chief Justice Malaba.

Such wrong perceptions, the Chief Justice said, are then turned into facts.

“Expressions of disquiet by some individual politicians are turned into facts because of the very environment in which we live.

“We have a situation whereby the first one to present an opinion to whoever he presents it to, influences the approach or perception. In this respect, because the judiciary is the least vocal, it is just attacked without any defence,” he said.

Chief Justice Malaba said the police also act in terms of the law, which is valid.

“When you look at the current law, whether that law is unconstitutional or constitutional, it is a matter which needs to be looked at against the Constitution.

“But that law exists for now. It’s a matter which the judiciary at a higher level like Constitutional Court, can only review, provided the cases are brought before it,” he said.

He added that people made noises about the alleged unconstitutionality of the law empowering police to issue prohibition orders but they never challenged it in court.

“People take that disagreement and saying the law violates the rights but they don’t come to the Constitutional Court.

“Most of these cases have not come to the Constitutional Court. They have ended at implementation level. Lawyers decide to challenge the proceedure only, and not the constitutionality of the law. The court cannot interfere with the exercise of the Executive’s mandate,” he said.

End of Mission Statement of the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association, Mr. Clément Nyaletsossi Voule, on his visit to Zimbabwe (17-27 September 2019).

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End of Mission Statement of the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association, Mr. Clément Nyaletsossi Voule, on his visit to Zimbabwe (17-27 September 2019)
27 September 2019, Harare:

Members of the press,

Ladies and gentlemen,

In my capacity as United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association, I conclude today the first official visit carried by a United Nations Special Procedures mandate holder in the country, which took place from 17 to 27 September 2019.

As a Special Rapporteur, my views are independent. I present reports to the Human Rights Council and the General Assembly. The overarching purpose of my visit to Zimbabwe is to contribute to the efforts it has undertaken in its path towards democratization and to offer recommendations as to how Zimbabwe can better respect, promote, protect and implement international human rights law and standards as they apply to the exercise of the rights to freedom of peaceful assembly and of association.

I would like to begin by expressing my appreciation to the Government of Zimbabwe for having extended an invitation to my mandate to visit the country with the aim of assessing, in a spirit of dialogue and cooperation, the level of enjoyment of these two civil and political rights. I would also like to thank the Government of Zimbabwe for the cooperation extended to me prior to and throughout the visit. I hope that after my departure we will continue working jointly towards a better enjoyment of these rights by all.

I would also like to particularly thank representatives of independent institutions who also engaged in this dialogue as well as a wide-range of civil society representatives from around the country, including chiefs and community based organizations, trade union leaders and women human rights defenders.

I also take this opportunity to sincerely thank the UN Resident Coordinator ad interim and his Human Rights Advisor, the UNDP Representative and their Offices as well as the World Food Programme for the support provided to me.

During my visit, I had the opportunity to travel outside the capital to Bulawayo, Hwange in the Matabeleland North Province and Mutare, Arda Transau and Marange, in the Manicaland Province.

In Harare, I met with senior Government authorities, including the Acting Minister of the Ministry of Foreign Affairs and International Trade, the Minister of Justice, Legal and Parliamentary Affairs, the Minister of Home Affairs and Cultural Heritage and authorities from the Zimbabwe National Police, the Minister of Defence and War Veterans, the Deputy Minister of Mines and Mining Development, accompanied by representatives of the Zimbabwe Consolidated Diamond Company, the Speaker of Parliament and heads of relevant parliamentary Committees, the Attorney General, the Prosecutor General and the Chief Justice. I also held meetings with representatives of the Zimbabwe Human Rights Commission and the National Peace and Reconciliation Commission as well as with the members of the United Nations Country Team, the diplomatic community, representatives of civil society and representative of the main opposition political party, at their request.

Although the majority of my requests for meetings and visits to places of interest to my mandate were facilitated, I regret that my requests to meet with the Minister of Public Service, Labour and Social Welfare; the Minister of Finance and Economic Development; and the Mayor of Harare could not be accommodated despite the length of my ten-day visit.

In addition, outside Harare, I also met local authorities such as the Minister of State of Bulawayo, the Mayor of Bulawayo, the Minister of State of Manicaland and the Mayor of Mutare as well as with relevant law enforcement authorities and development programme officers in both provinces.

I will now present some of the preliminary findings and recommendations in the spirit of holding a constructive dialogue and based on information received before and throughout my visit. I will elaborate on these preliminary findings in a more detailed manner in a report that will be presented at the 44th session of the UN Human Rights Council in June 2020. These preliminary findings neither reflect all the issues presented to me, nor all the initiatives undertaken by the Government of the Zimbabwe.

Zimbabwe has ratified a number of international and regional human rights instruments and committed itself to observe them. I would like to encourage it to ratify the remaining key international human rights treaties such as the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment; the Convention for the Protection of All Persons from Enforced Disappearances and the optional protocols to which it is not yet a State party, in particular those of the International Covenant on Civil and Political Rights. In addition, during the Universal Periodic Review in 2016, Zimbabwe accepted recommendations pertaining to the freedoms I am mandated to monitor. My assessment is guided by these principles.

Democratic transition

Zimbabwe has gone through different political transitions in the course of its recent history since independence in 1980. More recently, as a result of a National Unity Government, a Constitution was adopted in 2013 which includes an expansive bill of rights with specific provisions promoting and protecting the rights on freedom of peaceful assembly and of association.

With the new constitutional framework that includes the establishment of a number of independent institutions, the recent change of leadership, prospects of legal and judicial reform, effective economic recovery measures and changes in the governance structures,, arose as a natural expectation for many Zimbabweans who are desperately awaiting to improve the quality of their lives.

I have repeatedly heard from different segments of society that the “new dispensation” brings the hope of more freedoms. The Government has committed to have a more open and democratic space, that enables a multi-party democratic political system. They have also promised to erect a transparent, just, accountable and responsive way of governance based on the rule of law, respecting the principles of separation of powers.

The transition has also brought along reassurances of strategic reengagement with representatives of the international community as well as with financial institutions. The Government has said it will take a strong stance in relation to the fight against corruption and impunity and has recommitted to its obligations contained in regional and international human rights instruments.

Albeit the common belief that a transformation will come, I believe that the long-awaited hopes are fading. The population is now questioning the Government’s capacity to bring about such changes. They feel they have not experienced concrete and tangible results. On the contrary, I have perceived from my different meetings around the country, that there is a serious deterioration of the political, economic and social environment since August 2018 resulting in fear, frustration and anxiety among a large number of Zimbabweans.

Freedom of Peaceful Assembly

Zimbabwe is a party to the International Covenant on Civil and Political Rights (ICCPR), which it acceded to on 13 May 1991, and which provides for the rights to freedom of peaceful assembly and of association under articles 21 and 22.

The Constitution guarantees freedom of peaceful assembly. Various pieces of legislation give effect to Sections 58 and 59 of the Constitution that provides for this fundamental right such as the Public Order and Security Act (POSA), the Criminal Law (Codification and Reform) Act and the Electoral Act.

I was informed that the POSA will soon be repealed and replaced by the Maintenance of Peace and Order Bill (MOPO) which “will provide mechanisms to ensure that the police in maintaining law, order and suppression of civil commotion or disturbances in any police district do so in a manner that does not compromise human rights”.

While I acknowledge that there is a need to enact a new law in accordance with international human rights norms and standards, the MOPO bill has worrying similarities to the POSA revealing a common scope in which the exercise of the right to peaceful assembly is not fully guaranteed. Instead the MOPO bill continues to give law enforcement agencies broad regulatory discretion and powers.

The MOPO bill does not propose significant substantive amendments targeted to address the main problems prevailing in the POSA. One important improvement is the deletion of Section 27 of the POSA related to the temporary prohibition of holding processions or public demonstrations within particular police districts, however this change is made based on the declaration of unconstitutionality made by the Constitutional Court in 2018. Another improvement is the provision mandating the President, instead of the Minister of Defence (as provided by POSA), to authorize the deployment of military forces to assist the police in exercising their functions, and report promptly to Parliament bringing it in line with the Constitution.

I have emphasized in my different meetings with government authorities that assemblies should be presumed lawful and peaceful. Permissible limitations to this right are set out in international law and require the Government to explicitly justify any limitation, to explain the necessity of any limitation, its legality and proportionality in the interests of national security or public safety, public order, the protection of public health or morals, or the protection of the rights and freedoms of others. Citizens should be able to challenge such limitations in the courts. Under international law it is not enough for a Government to say demonstrations pose a national security threat, a Government has the obligation to identify the specific risks it is concerned about, the measures it will implement to mitigate such risks and the limited number of restrictions it will order to manage the risks. Blanket prohibitions are rarely lawful. The role of the Government is to mitigate risks to enable the enjoyment of the fundamental right to peaceful protest.

From my discussions on recent events, I have perceived that the use of military forces has a profound negative impact, including in the minds of the population, who fear these forces are not adequately trained to handle demonstrations. On this point, I would like to stress that the involvement of the military in the managing of assemblies contradicts the Guidelines for the Policing of Assemblies by Law Enforcement Officials in Africa, as they provide that military forces must only be used in exceptional circumstances and only if absolutely necessary. This same criteria has been used by the CCPR that has recommended “to ensure that public order is, to the maximum extent possible, upheld by civilian rather than military authorities” (CCPR/C/VEN/CO/4).

I am also concerned that the MOPO bill contains notification requirements for certain gatherings, including cumbersome administrative processes – that amount to an authorization, not a notification regime. It is also of concern that spontaneous assemblies are not protected in the bill, which does not recognize the right of individuals to engage in spontaneous public gatherings.

I have requested to be briefed on how the notification procedure is implemented in practice in different provinces and found that it is extremely burdensome in terms of administrative requirements but also very intrusive in its demands, undermining the exercise of this fundamental freedom for public gatherings and private meetings.

I firmly believe that the exercise of the right to freedom of peaceful assembly should not be subjected to authorization. At most, a prior notification procedure is sufficient, in order to facilitate peaceful assemblies and to take measures to protect public safety and order and the rights and freedoms of others. Moreover, spontaneous assemblies should be recognized in law and exempted from prior notification in conformity with the jurisprudence of the CCPR that reaffirms that article 21 contains an obligation to facilitate spontaneous assemblies without interference.

I am also concerned by the provisions of the MOPO Bill regarding the administrative liability of organizers as well as the criminal liability of organizers and participants of gatherings. Such legal consequences undermine the exercise of the right to freedom of assembly especially as the law does not clearly define the administrative or criminal offenses and the language could provide for a very extensive interpretation of the liability of individuals entitled to exercise this right.

Finally I would like to express my concern in relation to the provisions that allow the police broad discretion to disperse public gatherings as well as the broad search and seizure powers given to law enforcement agencies. The United Nations Basic Guidelines on the Use of Force by law enforcement officers, provide important guidance on these matters in line with international human rights standards.

I trust that as a result of this visit and the good level of cooperation that I have experienced with the Government and seek to maintain, it will be possible for the government to examine the concerns that have been raised in order to revise the MOPO bill according to international human rights standards.

Furthermore, throughout my visit, I have noted that restrictive practices also limit the enjoyment of this freedom.

The restrictions described to me range from very subtle forms of interference, to threats issued by public authorities to suppress protests and dissent, to the use of the judicial system to impose unlawful charges and/or the use of disproportionate and excessive force resulting in massive violations against protestors. I have also heard of numerous cases of arbitrary detentions, cases of injury, torture and even the loss of innocent lives.

Recurrently during meetings with civil society actors, trade union leaders or representatives of dissenting political parties, I have learnt of several number of occasions in which there has been unjustified denials of authorization to demonstrate, some even with extremely short notice, making it virtually impossible to call off the protests at the very last minute and resulting into unwarranted liability.

In response to this seemingly common practice, it was drawn to my attention that the organisers of assemblies are compelled to recurrently challenge these decisions in the courts in order to be able to exercise this fundamental right though the support of court orders.

Another, worrying example is the use of Section 22 of the Criminal Law (Codification and Reform) Act provision on “subverting a constitutional government” to prosecute human rights defenders, civil society and opposition leaders suspected of having played important roles in protests. The crime is similar to treason and could attract up to 20 years of imprisonment. From my meetings, it transpired that leaders calling for protests, supporting protests through public statements or social media, and participating in protests have been charged with this crime and I have been informed that in this year alone, 22 individuals are facing this criminal charge.

I have also heard extremely disturbing reports of excessive, disproportionate and lethal use of force against protestors, through the use of tear gas, batons and live ammunition.

In particular, I would like to refer to the authority’s response to the protests of January 2019 calling for a national ‘stay-away’ in response to massive fuel price increases. The order to disperse protestors participating in the demonstrations led to the use of lethal and excessive use of force, mass arbitrary arrests and torture. Unlawful restrictions on access to internet were also put in place.

On this occasion, I was informed that the military was deployed to the streets in different parts of the country, including in Bulawayo, Harare city centre, Chitungwiza Township and high-density suburbs of Epworth, Mabvuku and Kuwadzana. While I was informed that there was looting and destruction of private property, the disproportionate response by the security forces to the turmoil resulted, according to different sources, in at least 17 killings, including 14 men and 3 women, with more than 300 people treated for serious injuries including 70 for gunshot wounds. I was informed that one police officer in Bulawayo died as a result of these events.

From the conversations held with government authorities in and outside the capital on the facts related to these very unfortunate events, it is clear that, in line with the existing legislation, law enforcement officials view their role in managing assemblies as a public order function, rather than a protection function.

I would like to reiterate my call to the Government to adopt a human rights based approach that facilitates assemblies as an integral human right of every person. An approach that allows for specific, targeted, legal and measured responses to prevent, contain and respond to specific incidents of violence in the context of protests. An approach that leads to the establishment of a well-trained force and professional democratic policing.

From my meetings with different stakeholders, I also heard the testimonies of individuals who lost valuables and property and who until now have not received compensation in respect of these violent acts.

I was shocked by the testimonies of victims who alleged they had been raped and sexually assaulted by military and police elements in the context of the protests. The victims of these crimes explained they were assaulted in their homes, in many cases at night, and felt this was being used as a tactic to cause pain and fear among those linked to leaders of protests or to cause general fear among the population. I also heard of massive arbitrary arrests, and cases of abduction and torture of protestors. During these events children who were caught in the middle of the protests or who wanted to actively participate in them were prevented from doing so.

I was also informed of cases of internet shutdown that took place during the crackdown of protests further limiting the right to peacefully assembly. I strongly believe that network disruptions are in clear violation of international law and cannot be justified under any circumstances. Network shutdown orders often lack a legal basis and these events in Zimbabwe were no exception. In this sense, I applaud the High Court’s decision ruling that the Minister of State responsible for national security in the President’s Office did not have the authority to issue any directives in terms of the Interception of Communications Act.

Although, the events of January 2019 affected most of the country, I would like to recognize efforts made in Bulawayo to address this situation, among other issues, when the President met with a large and diverse representation of the Matabeleland Collective. A set of follow up action points was reached with the Matebeleland Collective and I call on the Government to closely monitor the implementation of all items discussed, in particular, action point 14.

In another instance, in Hwange, I met with spouses of workers of the Hwange Colliery, who initiated protests on behalf of their husbands due to unpaid salaries of almost 5 years. Since the workers feared victimisation from the employer which could result in dismissal from work, a group of women decided to make the situation visible by protesting peacefully and camping at the company’s premises to demand their husbands’ due payments. The women indicated that they have endured very difficult moments, not only as a result of the hardships that they were confronted with in their homes but also because of pressure and threats from anonymous sources possibly linked to the company. The company took the women to court on civil and criminal charges for trespassing on the company’s premises. Although the cases were dismissed from the courts, the women decided to put an end to the protests as they felt were not being listened to, while they had suffered too much hardship. The role that non-State actors also play in creating an environment of fear, to silence the voice of the most desperate, is a matter of concern, which warrants attention by state authorities in order to prevent and respond to such acts.

Although there are areas of concern I am encouraged that the Government took steps to investigate the crackdown of the protests of 1 August 2018, which took place after the harmonised national elections, when demonstrators took to the streets of Harare demanding the immediate release of the election results. On this occasion, what started out as a peaceful protest turned into chaos and included violent indiscriminate acts. As a result of these protests at least six persons were killed and many others tortured and injured.

In order to investigate these events, through Statutory Instrument 181 of 2018, a Commission of Inquiry, now known as the Motlanthe Commission, was appointed and a final report has been presented with recommendations. These include recommendations such as the need to compensate the losses and damages caused, including support and school fees for the children of the deceased; the need to promote political tolerance, as well as responsible and accountable leadership and citizenry; the need to adopt electoral reforms to enhance the transparent and expeditious announcement of election results; the need to build the capacity of law enforcement authorities; the need for accountability in respect of the alleged perpetrators and the need for nation building and reconciliation including an initiative for multi-party dialogue and cooperation.

During my meeting with the Minister of Justice, I was informed that as a response to the recommendations of the Montlanthe Commission, authorities have continued to undertake legislative and administrative measures to ensure that recommendations are implemented. For example, in March 2019, an Inter-Ministerial Taskforce was established to lead political, electoral and legislative reforms. I hope to get additional information on the work of the taskforce and the implementation of the recommendations.

I commend the Government for these efforts and encourage it to follow this good practice in relation to other such incidents which have occurred.

To conclude, I would like to reiterate that the right to peacefully assemble is a basic pillar in any democracy and should not be negated and feared. On the contrary, it should be allowed and encouraged as its intrinsic value is to allow individuals and groups to express aspirations and concerns publicly. It is in the interests of the State to allow public and peaceful assemblies as a “release valve” in order to avoid recourse to other means of dissent and disagreement that are not desirable and can be harmful to society as a whole. It is a right and one that the State has the obligation to enable and protect.

Freedom of Association

The right to freedom of association is guaranteed in Constitution and is currently regulated through legislation such as the Private Voluntary Organisations Act (PVOA) and the Deeds Registries Act.

Registration of associations, including NGOs, is required by the PVOA and is done through the Department of Social Welfare under the Ministry of Public Service Labour and Social Welfare. I am informed that the registration procedure can be onerous, lengthy and complex in nature requiring, through the PVO registration form, a significant amount of detailed information of the association, and additional documents can be requested at the discretion of the Registrar of PVOs.

Applicant associations are required to provide a proof of public notice in national papers in order to call for objections, which should be lodged with the Registrar. If an applying association has been denied registration due to their political stance and support or under vague circumstances such as “appears unable to abide by the objectives”, no system for challenging the decision is in place.

Foreign funding is strictly regulated and when allowed is met with hostile government rhetoric. International non-governmental organisations intending to operate in the country are required to conclude a memorandum of understanding or cooperation with Government. The PVOA stipulates severe penalties for any unregistered organisations that continue to operate in the country.

In addition to the limitations in setting up an association, the PVOA grants wide discretionary powers to the Minister who can interfere in the internal governance of the association, if she or he believes that a PVO has failed to comply with its objectives or constitution, has been subject to maladministration, or has engaged in illegal activities, or that “it is necessary or desirable to do so in the public interest” or any other ground in terms of Section 21 of the PVOA. Another barrier to the activities of associations relates to the authority of the Minister to inspect “any aspect of the affairs or activities” of any an association.

Considering the registration limitations and challenges provided in the PVOA, many NGOs have resorted to registering themselves as Trusts under the Deeds Registries Act.

Regardless of the law that governs their activities, I have been informed that NGOs are under surveillance in law and in practice. On the latter, I have heard repeatedly accounts of NGOs who need to submit letters of notification to the police informing of their intent to hold meetings in public or even privately.

In particular, I have been able to perceive this toxic environment during my meetings with community based organizations from the Marange region and in Arda Transau whose activities are related to advocacy for transparent, accountable and fair distribution of benefits within the communities in the context of natural resource exploitation.

In both places, I could feel the level of pressure that communities feel because of their activities related to their own well-being and development. The level of isolation in which these communities attempt to operate, which in the case of the Marange communities is even physical, confirms a strong policy of control and intimidation.

In order to reverse this situation, I believe that one of the first steps that the government should take is to carry out genuine consultations with all affected communities, particularly with those that have been relocated. Through the practical guidelines for “Civil society participation in the implementation of the 2030 Agenda for Sustainable Development” (A/HRC/41/41/Add.2) and by aligning to the Guiding Principles on Business and Human Rights, a more constructive dialogue can be instituted within the Marange communities and with others in similar situations.

I was also able to understand how activism is immediately related to a political stand even when advocating for the achievement of economic, social and cultural rights. A training abroad can result in arrests upon return to the country, as it occurred earlier this year when activists were detained at the Harare airport and charged with subversion because of their participation in a workshop on peaceful resistance.

I have also been made to understand from my discussions that NGOs working on development and humanitarian issues have been accused of being partisan and based on those perceptions required to sign MOUs with local authorities or they would not be able to implement their projects or activities in a particular province. In the same vein, I received allegations of partisan distribution of food aid.

Finally, I would like to mention that I regret not having being able to meet with the Minister of Public Service, Labour and Social Welfare since there were a number of issues of particular concern of this mandate, such as the current audit exercise planned to be completed by October and through which more than 700 private voluntary organisations registered in the country will be scrutinized.

Freedom of Association of trade unions

Trade union activities are guaranteed by the Constitution and regulated mainly by the Labour Act and the Public Service Act. In addition, Zimbabwe ratified, in 1998, the ILO Right to Organise and Collective Bargaining Convention (No. 98) and, in 2003, the ILO Freedom of Association and Protection of the Right to Organise Convention (No. 87).

I understand that comprehensive labour law reform and harmonization predates the 2013 Constitution; however, no concrete results have been achieved from this process.

Of particular concern to me are sections 102 and 104 of the Labour Act. Section 102 refers to “essential services” and provides a very wide and open discretion to the Minister of Labour to declare what constitutes an essential service from which workers are denied the right to strike. In turn, Section 104 provides that workers embarking on strike should give a 14 day written notice to the regulating authority. Failure to do so renders the strike illegal, and such workers will not enjoy the right to protest. For instance I learnt that in 2016, 1357 workers of the National Railways of Zimbabwe were dismissed after the Labour Court ruled that they did not comply with the set procedures ignoring the fact that the same workers were owed a significant amount of dollars’ worth in unpaid salaries.

Sections 107, 109 and 112 of the Labour Act in relation to Collective Job Action, which provides for excessive penalties in case of an unlawful collective industrial action, also raise concerns.

The application of POSA to trade union marches, demonstrations and protests actions, has also resulted in the restriction of the right to peaceful assembly and of association despite several court orders against law enforcement forces prohibiting them from interfering in these peaceful protests.

During my visit, I have received a considerable number of allegations related to arrests, detentions and even abductions of a high number of trade union leaders and members that have taken place in connection with their activities. In particular, I would like to refer to the alleged abduction of Dr. Peter Magombeyi, acting president of the Zimbabwe Hospitals Doctors Association (ZHDA), who led a series of strikes over working conditions and poor pay in the health sector. Although Dr. Magombeyi was later found and the matter is currently under investigation by the authorities, I would like to mention that this is not an isolated case and that union leaders that requested to meet with me expressed that they were living in a toxic environment of constant retaliation and fear.

Due to the current economic situation the country is facing, mass striking appears to be taking place regularly in the country. However, reactions by authorities do not appear to be in line with their Constitution and international commitments.

For instance, in April 2018, there was a nationwide nurses’ strike. The Vice President dismissed all nurses participating in the strikes and ordered the recruitment of new nurses to cover the gaps. As a result, the Zimbabwe Nurses Association (ZINA) went to court to reverse the order, saying that the Vice President did not have the authority to issue such an order and claiming that members had been threatened when negotiations with the government had taken place. The order was later reversed, and the nurses returned to work, but the incident reflected the government’s stance on striking.

Another worrying example is that of the Amalgamated Rural Teachers Union of Zimbabwe (ARTUZ), whose fourteen members were arrested and charged with “disorderly conduct” after organising protests concerning the economic crisis in Zimbabwe as well as low wages in December 2018. On this case, the Harare Court dismissed it stating that trade unions are exempt from the application of POSA.

Key Recommendations and Conclusions

Zimbabwe’s openness to receive my mission and the visits of other United Nations Special Procedures is an important step in its efforts to create a more enabling environment for human rights. I hope that my visit and the conclusions and recommendations of my visit will assist the authorities in improving the environment for and protection of the rights to freedom of peaceful assembly and association.

In particular, I would like to urge the Government, in line with Section 210 of the Constitution, to establish an effective and independent mechanism for receiving and investigating complaints from members of the public in respect of misconduct by security services and remedy any harm caused by such misconduct. Furthermore, it is critical that in establishing such an oversight mechanism, its independence is ensured in line with international law principles and best practices.

The Government’s stated commitment to improve human rights and widen democratic space is welcome. The 2013 Constitution provides a sound and robust basis for the protection of human rights and it is important to acknowledge progress in the setting up of several independent commissions.

I lament the loss of lives due to excessive use of force against protestors and urge the Government to ensure a thorough and independent investigation of these events and the prosecution of those responsible. The repression of protestors, the attempt to ban protests, the excessive use of force and the restrictive application of legislation regulating the rights of freedom of peaceful assembly and association gravely overshadow efforts to democratically transform Zimbabwe.

I urge the Government to amend laws that are not in line with the Constitution and make use of the independent institutions which are designed to facilitate the exercise of human rights and the courts, in order to ensure that all human rights are enjoyed by all those under its jurisdiction. I recommend that the Government takes steps to identify gaps in legislation which may allow for its discriminatory use, and makes concerted efforts to close these gaps. In these processes, I strongly call for a close consultation with civil society organizations and encourage them to actively engage and participate.

The Government has the momentous task of redressing and solving the long and grave economic crisis afflicting Zimbabwe. In order to be able to find durable solutions that protect the most vulnerable, the Government of Zimbabwe is going to need the support and assistance of the international community. It is important for all actors to join forces to assist in this effort.

In such a context, the Government must protect its citizens’ rights to organize and to assemble. The Government’s role is to enable the free expression different views. The Government must strengthen good practices that enhance dialogue, that allow for democratic expression and organization and respond to the grievances of the people. Such an approach will help enable a solution to the crisis, with the participation of the citizens of Zimbabwe.

It is furthermore important that the Government acts to address the root causes of protests, dealing head on with the issues raised by the populace in the course of their demonstrations.

In a similar vein, following the testimonies that I have received while travelling throughout the country, I am of the opinion that reform of the security sector and strengthening the capacity of reformed structures will go a long way in preventing unnecessary disproportionate use of force, intimidation, surveillance, of civil society, social movement leaders and building trust among communities.

With regards to the Maintenance of Peace and Order Bill (MOPO Bill), which will replace the POSA, I encourage the government to ensure that this new bill is brought in line with the international standards to effectively guarantee the enjoyment of the rights to freedom of peaceful assembly. In that regard, my full end of mission statement and the report I will produce of my visit, will contain detailed recommendations regarding specific provisions of the MOPO Bill law that I believe should be amended, to bring them into conformity with Zimbabwe’s international human rights obligations.

Regarding the trade unions, I urge the government to implement the recommendations of the ILO Committee on the Application of Standards (CAS) adopted by the International Labour Conference of June 2019 and accept a direct contact mission to assess progress in this regard.

In order to build trust between the government and civil society actors and create an enabling environment for civil society work, it is important to withdraw all criminal charges against workers’ representatives and civil society leaders who were arrested for exercising their right to freedom of peaceful assembly and association.

I would also like to encourage the government to follow up and deliver on the recommendations issued by the Montlanthe Commission as well as with other instances such as the action points from the meeting with the Matabeland Collective.

The effective combat of corruption and impunity is key in delivering on the promises under the “new dispensation” and concrete and tangible result need to be achieved in this regard.

I encourage the government to seek the support of the Office of High Commissioner for Human Rights through the establishment of an Office to support the government’s efforts to promote and protect human rights in this critical transition.

I equally encourage the government to continue to open up the country for the visit of the United Nations Special Procedures in order to benefit from the expertise of these mechanisms.

I urge the Government to ensure that no acts of reprisals, threats or intimidation occur against those under its jurisdiction who have interacted with me or cooperated with the United Nations.

All in all, I urge the Government to take the issues raised in my preliminary observations into consideration, and I underline that, in this regard, my mandate remains available to the Government for any advice regarding the implementation of the rights to freedom of peaceful assembly and of association, technical or otherwise. Furthermore, at the Government’s invitation, I would be happy to conduct a follow up country visit should the opportunity arise.

I am grateful to have had the opportunity to visit Zimbabwe during this critical period, I strongly believe that Zimbabweans are peaceful loving people and that the Government should capitalize on this value and facilitate an unfettered exercise of democratic fundamental freedoms.

I look forward to continuing our dialogue, including through pending replies to communication from my mandate, and discussing my full report when I present it in June 2020 at the 44th session of the UN Human Rights Council.

I thank you for your attention.

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The Telegraph|THE bizarre burial of Robert Mugabe saw the former Zimbabwean leader interred in a steel-lined coffin under a layer of concrete on Saturday, following a bitter dispute over his resting place between government officials, traditional leaders and family members.

Twenty-two days after he died, the body of the strongman was finally buried next to his home with second wife Grace Mugabe in Kutama, Zvimba, the village of his birth, 55 miles north west of Harare.

His eldest nephew, Leo Mugabe, who played a central role in the prolonged burial drama, said the coffin which brought his embalmed body to Harare from Singapore had to be changed for security reasons.

“People really are after his body or his body parts, so we wanted something that is tamper-proof. That is why the casket was changed,” he told a local radio station.

After the coffin was lowered into the ground in a private ceremony close to the home which Grace Mugabe had built after their marriage, concrete was laid down around it.

Mugabe’s family claimed that this was the burial place he had ultimately wanted and had spoken of in the last six months of his life in Singapore, angry that he had been ousted from power two years ago by his long-time ally, President Emmerson Mnangagwa.

Mrs Mugabe, 54, draped in heavy black lace for more than three weeks, had made it clear to all who would listen that Mr Mnangagwa and his loyalists were not welcome at the burial. Had he been buried at Heroes Acre, the burial ground commissioned by her late husband and the resting place preferred by the government, she would not have been able to prevent their attendance. Crucially, it would also have meant him being buried next to his first wife, Sally Mugabe, still regarded by many as the “mother” of the Zimbabwean nation.

Amid various conflicting claims over his wishes, Mugabe, who died of cancer aged 95, had reportedly also said that he wanted to be buried next to his mother elsewhere in Zvimba. Leo Mugabe asserted that this was not possible due to a lack of space – although The Telegraph ascertained that there was in fact plenty of available ground within a few yards of his mother’s ornate grave.

Last week, Mrs Mugabe had come up with another proposal, saying she wanted her late husband buried in the grounds of their Harare mansion, informally known by locals as the Blue Roof.

But the Harare City Council said that was not possible as the land was not a cemetery. Mrs Mugabe then also discovered that the title deeds of the multi-million pound home, with massive landscaped grounds, lake and wildlife, was in the name of a company owned by the ruling Zanu PF party.

In a late twist in the saga, the Mugabe family had finally agreed, after negotiations with traditional leaders and the government, that the former president could after all be buried at Heroes Acre. But this was on the condition that a mausoleum would be built for him on the crest of the hill overlooking hundreds of graves of his former colleagues, mainly from the war against Rhodesian minority white rule.

Mugabe’s sons, Robert Jnr and Chatunga, agreed the site of the mausoleum, and building began – only for the plan to be changed again. The costs of the abandoned preparations are not known.

The official funeral service for Mugabe, attended by 11 African heads of state, was held two weeks ago in a half empty stadium in Harare.

Paul Nyathi|GOVERNMENT claims that it has come to an agreement with the United Nations (UN) Special Rapporteur on the right to freedom of peaceful assembly and association.

Mr Clement Voule last week said that Zimbabwe will get an opportunity to respond to his findings before compilation of a final report scheduled for December 15 this year.

On Friday Mr Voule issued a press statement to journalists on the progress made on his official tour of Zimbabwe.

Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi yesterday said the preliminary document was not the one that will be handed over to the United Nations Human Rights Council.

In an interview, Minister Ziyambi said the final report was yet to be produced after December 15 when Zimbabwe is expected to officially give its input.

“When we met Mr Voule, we agreed that he will give us the final draft of his findings by the 15th of December to enable us to officially respond ahead of the production of the final report to be handed over to UNHRC.

“What was released this weekend is not the final report to be handed over to UNHRC. He is still to compile a detailed report and we will be given an opportunity to respond to it first.

“Whatever is being circulated is not the final report,” said Minister Ziyambi.

The Special Rapporteur’s final conclusions and recommendations will be presented in a report to the Human Rights Council in June next year.

In his statement, Mr Voule said his preliminary document did not reflect all the issues presented to him.

“I will elaborate on these preliminary findings in a more detailed manner in a report that will be presented at the 44th session of the UN Human Rights Council in June 2020.

“The preliminary findings neither reflect all the issues presented to me, nor all the initiatives undertaken by the Government of Zimbabwe,” he said.

Mr Voule hailed Zimbabwe for ratifying a number of international human rights instruments and urged the country to ratify the other outstanding instruments.

“Zimbabwe has ratified a number of international and regional human rights instruments and committed itself to observe them.

“I would like to encourage it to ratify the remaining key international human rights treaties such as the Convention Against Torture and other Cruel Inhuman or Degrading Treatment or Punishment; the Convention for the Protection of All Persons from Enforced Disappearances and the optional protocols to which it is not yet a state party, in particular, those of the International Covenant of Civil and Political Rights,” he said.

Mr Voule concluded a 10-day official visit to Zimbabwe on Friday, the first such mission to the country by an independent expert appointed by the Human Rights Council.

He came to Zimbabwe at the invitation of the Government.

The expert expressed his support for the Government’s stated commitment to democratisation, urging the authorities to go further in translating their vision into action.

“The change in leadership in Zimbabwe two years ago and its promised ‘new dispensation’ — which reaffirms the aspiration to bring the country forward in terms of democratic processes, civic space and the realisation of human rights for all — must be put into action now,” Mr Voule said in a statement.

“The Government has the unenviable challenge to resolve a profound and complex economic, political and social crisis in the country. To succeed it will need the support of the international community,” Mr Voule said.

“My role is to encourage the authorities that genuine dialogue with the political class and the population, including protest movements, is the only way forward to resolve such a crisis.”

The expert applauded the setting up of the Motlanthe Commission which was tasked to bring truth and accountability for alleged human rights violations which occurred in the midst of electoral violence last year.

Source: State Media

Chief Justice Malaba has told the visiting UN Special Rapporteur that the MDC Alliance were in August this year never denied the right to demonstrate by judges.

Malaba said those peddling that narration were just seeking to score some cheap political points. Chief Justice Luke Malaba said the opposition went to the wrong court with their appeal they should have gone to the magistrate’s court and not the high court.

Malaba said, “If a police officer makes an order prohibiting a party to demonstrate in terms of a valid law and that law says you appeal to the Magistrates’ Court, that is the right provided by the law. An appeal is voluntary. We do not bind people to appeal. If you are not happy with the order restricting you when you want to march, you can simply go to the Magistrates’ Court.

“You know what they did? They went to the High Court. Surely you can see that someone could have deliberately done that to create the basis for this kind of opinionated perception. If the High Court says it does not have jurisdiction because there is no law which allows one to appeal to it, the applicant would have done harm to his or her own case.”

Malaba said the media and the opposition were trying to malign the court and no one is blaming their own lawyers who were at fault in this scenario according to him.

“If the High Court makes such a ruling, it has no control over the media or other channels used to now malign it.

“Now the picture is created that the courts are denying people the right to demonstrate. No one accepts the fault of their own lawyers or themselves because it is deliberate.

“We have no means of defending ourselves and setting the record straight that the argument is all political. It is a political argument. It is not judicial. Publicity of that and how it is packaged, is all political. We don’t get involved in politics because we are not politicians.” – state media

Thokozani Khupe has shot down reports by MDC-Alliance that her party supporters in Victoria Falls have defected to the Nelson Chamisa-led faction, describing them as lies.

This comes after MDC-A’s Matabeleland North party leadership claimed the renegades were citing lack of direction in the former MDC vice-president and ex-deputy prime minister Thokozani Khupe-led party.

Speaking to The Herald yesterday, Dr Khupe said the reports by the Chamisa-led MDC-A were fake news, a gimmick meant to aide their political propaganda.
“The reports are fake news, it’s political propaganda,” said Dr Khupe.

The supporters backed Dr Khupe after MDC split following the death of its founding president, the late Morgan Tsvangirai, in February last year.

MDC-A provincial organising secretary Goshen Zhou, who is also Victoria Falls councillor for Ward 11, had confirmed the development saying they had received calls from MDC-T supporters who wanted to jump ship.

“We have received a number of calls from MDC-T supporters who want to defect from the party to MDC-Alliance. They have expressed their desire to come back.

“Some of them have approached the provincial leadership begging to be allowed back into the party. We have requested that they put their applications in writing and we are still waiting for their letters,” he said.

MDC-T vice president Dr Obert Gutu dismissed the reports saying the allegations were an exercise in futility and frivolity.

“Anyone alleging that MDC-T cadres in Victoria Falls have defected to a rag-tag political formation which is now evidently in terminal decline doesn’t deserve to be taken seriously. This is actually a joke that isn’’t funny at all,” said Dr Gutu.

VIDEO LOADING BELOW…

President Emmerson Mnangagwa will deliver his State of the Nation Address (Sona) when he officially opens the Second Session of the Ninth Parliament on Tuesday.

Rehearsals for the ceremonial pageantry that precedes the official opening of the new session are underway.

Clerk of Parliament Mr Kennedy Chokuda said all arms of Government have been notified.

“The State of the Nation Address will be on the first of October at Parliament building. We have started preparations for the event and as you know, it is an event that brings together all the three arms of Government — Parliament, the Executive and the Judiciary – so we have also notified all of them. This Sunday (today), we will have rehearsals for the event,” he said.

“There will be a lot of pomp and fanfair. We will have the flypast by the Air Force of Zimbabwe and ceremonial movement by Zimbabwe Republic Police (ZRP) along Nelson Mandela Avenue and so forth. We have engaged all stakeholders and they are busy doing their own preparations,” Mr Chokuda said.

In his Sona, President Mnangagwa is expected to reflect on political, economic and social issues facing the nation.State media

The Zimbabwe Energy Regulatory Authority has hiked the price of both petrol and diesel with effect from tomorrow Monday, 30 September 2019.

According to the new price schedule, diesel will now be sold at a pump price of $12.42 per litre while petrol will be $11.76.

Fuel price has been increasing on a weekly basis since ZERA adopted a weekly price review system.

By A Correspondent- A fierce row has erupted between a senior member of the MDC-Alliance for Ward 13 in Lukosi area under Chief Nekatambe in Hwange and his family members over the rightful heir to the traditional leadership from their clan.

The simmering tension that is threatening to spiral out of control initially started when a complaint was lodged by James Sibanda (Mumpande) who is MDC-Alliance’s secretary for mobilisation, Hwange Central contesting the appointment of Marko Mpala as village head of Lukosi.

According to family sources Marko is the rightful heir and James has no basis to claim the village headship role in Lukosi since he is not a direct descendant of the Bhalule family lineage.

“Marko Mpala is the rightful village head of Lukosi because his father was born from Bhalule clan while James is just a niece and is not a direct descendant of the Bhalule family lineage. Family members agreed to his (Marko) ascendancy. 

“This is affecting the family badly and James should just stick to politics and leave the family alone with his greediness of wanting to be a village head,” fumed a family member who preferred anonymity.

According to the family sources trouble started after James challenged the appointment of Marko as village head claiming he did not have the qualities for the office.

This was despite the fact that he had been legally installed by Chief Nekatambe as Lukosi village head.

“Marko is the rightful village head of Lukosi and James just wants to cause confusion and is using his powers as a politician to outwit Marko”.

When contacted for comment James said he was the rightful heir to the disputed Lukosi Village headship.

“I’m the rightful heir to the Lukosi Village headship. I am going to the police tomorrow (Wednesday) to be vetted so that I become a legitimate village head of Lukosi. I have a huge following which warrants me to be a village head,” he said.

Meanwhile, Marko could not be reached for comment at the time of going to print.

-ManicaPost

By A Correspondent- The Infrastructure Development Bank of Zimbabwe (IBDZ) last Thursday handed over $2.5 million worth of completed classroom blocks and other social amenities to 10 schools in Manicaland and Masvingo provinces as part of its contribution towards the Cyclone Idai recovery efforts.

The bank undertook the construction of education facilities damaged by Cyclone Idai under a $2.5 million grant.

The projects were recently completed in Chimanimani and Chipinge districts of Manicaland as well as Bikita and Zaka districts of Masvingo province.

The bank rehabilitated infrastructure at 10 schools, five in Manicaland and another five in Masvingo.

Speaking during the handover ceremony held at Brightside Primary School in Chimanimani, Minister of State for Manicaland Provincial Affairs Dr Ellen Gwaradzimba thanked the bank for the kind gesture.

“We really want to thank IBDZ for the effort they have put in so that teachers and pupils here enjoy conducive learning environment. If one looks at the classroom blocks that they have completed they will see that it dovetails into Government ambition of building back better.

“When the cyclone hit here in Chimanimani and Chipinge we were all in a state of shock but we are now recovering from the shock and realising that there is still a lot of work to be done.

“Yes, a lot has been done in making sure the people of Chimanimani and Chipinge get back to normalcy but we accept that a lot still needs to be done,” she said.

Speaking at the same function, IBDZ chief executive Mr Thomas Sakala said the bank is motivated by playing its role in transforming communities in Zimbabwe for the better.

In Manicaland province in Chimanimani and Chipinge districts most of the construction works are now complete.

At Thornton Primary in Chimanimani, the bank worked on conversion and rehabilitation of four hostel blocks into habitable teachers’ houses as well as refurbishment and upgrading of the headmaster and deputy headmaster’s houses.

Rehabilitation of ECD and infant classrooms blocks, restoration of bulk water supply and water reticulation system, rehabilitation of an existing dilapidated laundry and toilet block, demolition of dysfunctional ablutions, catering away rubble, construction of 12 squat hole toilets, painting of roof covering sheets of the existing two classroom blocks and rehabilitation of 1km access road are some of the disaster recovery works undertaken by the bank at Thornton Primary School.

At Chimanimani Secondary School, the bank worked the construction of a new semi- detached teachers’ house while the construction of a classroom block has since been completed at Brightside Primary.

At Kwirire Primary School, an ECD classroom block has since been completed while Ndima Secondary School benefited through the construction of a new semi-detached teachers’ house.

At Ngaone Secondary they worked at replacement of damaged roofing sheets to laboratory and ablution blocks.

In Masvingo province construction works are complete at Vushe Primary School, Mandiki Primary School, Fambidzanai Secondary School, Mutsinzwa Primary and Veza Primary all in Bikita and Zaka areas.

All the projects under the bank’s interventions are completed and ready for use by the schools.

The IDBZ was formed on the 31st of August 2005, taking over the assets and liabilities of the former Zimbabwe Development Bank (“ZDB”).

It was primarily set up as a vehicle for the promotion of economic development and growth, and improvement of the living standards of Zimbabweans through the development of infrastructure, which includes but not limited to energy, transport, water and sanitation, information communication technology (ICT) and housing.

-ManicaPost

The US ambassador to Zimbabwe has joined the UN and the International Monetary Fund in throwing down the gauntlet to President Emmerson Mnangagwa on corruption and human rights.

Brian Nichols said there was no chance of the world heeding Mnangagwa’s plea for the end of sanctions until Zimbabwe cleaned up its act.

Steps that were needed included implementing the recommendations of former South African President Kgalema Motlanthe, who chaired a commission of inquiry into postelection violence in August 2018.

Six people died in the rioting.

The commission recommended compensation for the victims and their dependants.

A report this week by the UN special rapporteur on rights to freedom of peaceful assembly and of association, Clément Nyaletsossi Voule, also deplored the government’s lack of commitment to issues that could lead to the removal of sanctions.

After a 10day visit, Voule said on Friday he had been confronted by deteriorating relations between the government and citizens.

“To foster impunity is to foster distrust among the population, alienating them from the government and quashing their hopes of meaningful change,” his report said.

The IMF has raised the red flag over alleged corruption involving a key Mnangagwa ally, Kuda Tagwirei of Sakunda Holdings.

It said the government had printed money to pay one of Tagwirei’s companies, in the process undermining the country’s fledgling currency.

The international pressure on Mnangagwa mounted as he attempted to convince the UN General Assembly that he had done enough to justify the lifting of sanctions imposed during the rule of Robert Mugabe.

“Those that impose illegal sanctions must heed this call and lift them now … Cooperation is a win-win game. Sanctions are a lose-lose game. Zimbabwe deserves a restart,” he told a poorly attended session in New York.

“It is high time government does a cleanup. What we need is a stable economic environment, so any measures meant to effect that are welcome,”

The Southern African Development Community is planning a day of solidarity against sanctions on Zimbabwe on October 25, before which Mnangagwa will address a ZANU-PF anti-sanctions march.

But Nichols said the country’s wounds were self-inflicted.

“Zimbabwe put itself through corruption, inefficiency and lack of transparency,” he said.

Since coming to power through a military coup in November 2017 and winning a disputed election in July 2018, Mnangagwa had done little more than “scratch the surface”, said Nichols, with promised reforms, and had overseen a series of violent attacks on protesters, disregard for the rule of law and a crackdown on the opposition.

“We need to see practical, effective implementation of the Motlanthe commission recommendations from the August 1 2018 violence. This has not happened,” said Nichols.

“There have been no investigations of a serious nature and the human rights violations of mid-January, after the fuel price increase, remain not investigated.”

Even within Mnangagwa’s 26-member advisory council, some believe the regime has done too little to win back regional and international support.

“The region and the world have given up on us,” council member Shingi Munyeza told a National People’s Convention gathering in Harare on Wednesday.

“The region including those we call our friends have thrown in the towel. So basically this train is cruising in the wrong direction.”

High-powered lobbyists in Washington and London hired by the government, including BTP Advisers, Mercury Public Affairs, Ballard Partners and Avenue Strategies, have failed to improve international perceptions of Zimbabwe, and Nichols said Mnangagwa had no one but himself to blame for allowing corruption to go unchecked.

“It is high time government does a cleanup. What we need is a stable economic environment, so any measures meant to effect that are welcome,” he said.

With strong public institutions, Zimbabwe would not be a beggar, he said, because billions stolen from public coffers could have been used to provide health care and a higher standard of living for all Zimbabweans.

“Just look at a few cases: in the command agriculture programme for general Zimbabweans, there is over US$3bn unaccounted for in that programme.

“You have the National Social Security Authority, where the former minister [Prisca Mupfumira] that oversaw that programme is currently on trial because over US$70m was looted.

“Even in the Zimbabwe National Roads Administration, millions of dollars have been stolen. You have an electricity utility where millions have also been looted, and the list goes on and on.”

The ambassador said investors remained keen on Zimbabwe but were anxious about runaway inflation and disregard for corporate governance.

“If Zimbabwe could resolve these key issues, that will improve the country’s attractiveness to investors. Underpinning all of that is transparency and the rule of law,” he said.

Nichols said Mnangagwa’s claims in his state of the nation address this week that the US had stage-managed a series of recent abductions were “ridiculous, insulting and obviously untrue”. – Timeslive

Malawi is back to 1959.   In that year, on 3rd March, the then governor [the equivalence of the President today], Sir Robert Armitage, declared a State of Emergency after a series of demonstrations, popular resentments and agitations by Malawians regarding how they were being governed.

At the core of these popular actions was a mass discontent among Malawians who felt Armitage’s government was deaf to their prevailing social and economic needs.

To them, they felt the solution was supposed to be political—let’s change the system of government, from being ruled by whites to ruling ourselves.

Look at what is happening around you, today.

President Peter Mutharika, just like Armitage, is facing a series of demonstrations, popular resentments and agitations from various pockets of the country.

Human Rights Defenders Coalition (HRDC) is unwavering in its wave of protests demanding the chopping off MEC’s chair Jane Ansah.

In the north, citizens are up in arms, uncompromising with street protests, against a system of selecting students to public universities.

Opposition parties are in court asking for a rerun of an election that Mutharika won. In Dedza, citizens are up in arms against government’s decision to transfer a district commissioner whom the people feel is fighting corruption.

From a distance, you would think that the waves of protests being witnessed are, principally, a show of post-electoral conflicts challenging the legitimacy of Mutharika. Far from it.

Just like in the years leading up to 1959, what we are witnessing, today, is summer discontent emanating from the prevailing social and economic challenges facing most average Malawians.

Just look around. Poverty is deepening among Malawians, especially urban dwellers. Hunger is refusing to let off millions every year—despite billions invested in subsidies.

Corruption is stinking and there is a stagnant perspective that the State is protecting those involved.

Besides, there is a strong feeling of strategic marginalization from people of other regions—something which is breeding feelings of regionalism and ethnicism.

All these variables sums up a spirit of discontent which results in a wave of frustrations and anger in the hearts of the governed.

Often, as read in history, when a nation is angry, people tend to vent such feelings either through capitalizing on immediate mishaps of the incumbents or resurrecting unsolved historical injustices. In fact, this is what we are witnessing today—Malawians using elections, quota system and corruption in councils, to stage large scale demonstrations that are violent and unwavering.

These protests, seen from history, aims at seeking redress from the State. People want engage the State regarding the continued dissatisfaction of how they are being governed.

Unfortunately, just Armitage, Mutharika is trying all he can, evading these voices either through confronting them with a heavy hand or just acting indifferent as if everything is rosy. Its poor leadership at its core.

Historian John McCracken sums our times quite well in the book ‘Malawi in Crisis: The 1959/1960 Nyasaland State of Emergency and its Legacy’.

He writes: “Yet if the 1959 Emergency is notable for the amount of suffering inflicted on Malawians, it also marks a notable victory for the forces of nationalism, a victory that compelled a fundamental reassessment of colonial policy.”

Today, we can say that, though these demonstrations and protests are having a dread on Malawians, there is a great amount of victory being won by Malawians in exposing deep weaknesses of Mutharika’s governing style—something he must stand up and address. If he doesn’t, 1959 remains a red flag for politicians. Step up or they will step you aside.

THE Bulawayo Progressive Residents Association (BPRA) has accused city councillors of misconduct, saying some of them are responsible for fanning factionalism, which has affected service delivery in the city.

In a letter addressed to Bulawayo Town Clerk Mr Christopher Dube, BPRA noted that the behaviour of the councillors had become toxic resulting in residents losing confidence in the city fathers.

“As ratepayers we are perturbed by such conduct and we feel there is an urgent need for council to engage residents and take strides to address this emergency in the interest of the welfare of the city.

“Administratively, councillors have failed us as residents and ratepayers as evidenced by their personalisation politics,” said BPRA.

The residents association said councillors were servants of the rate payers and were mandated to fulfil their duties.

“We would like to take this opportunity to remind councillors that they are representatives of the  residents and owe their primary loyalty to those who voted for them,” read the letter.

Mr Dube confirmed receipt of the letter but said there was no misconduct among councillors.

“There are no councillors that boycotted a meeting. It was an issue of miscommunication. It was a budget meeting and there is nothing to say councillors don’t want their jobs anymore. Councillors were alerted late about the agenda of the meeting. There was a workshop and they were committed to attending that,” said Mr Dube in reference to a report where councillors reportedly skipped crucial meeting in recent weeks.

He said he was yet to respond to the letter as he was in Harare but had tasked someone within the council to draft a response.

“I will respond to the letter by Monday. Then there is this issue of councillors walking out of a meeting. I am not aware of that as I was not there. I cannot comment on that. This is just something that has been blown out of proportion,” said Mr Dube.

There have been a number of fights among Bulawayo councillors which residents feel are now affecting service delivery.

Paul Nyathi|This is the moment opposition leader Nelson Chamisa might want to forget in a hurry.

After giving his wife the chance to address the crowd at the MDC 20th anniversary celebrations inside Rufaro Stadium the manner in which took back the microphone has not gone down well with supporters.

On Saturday the opposition Movement for Democratic Change (MDC) celebrated 20 years since its formation in 1999. The party used Rufaro Stadium in Mbare, Harare to rally its supporters.

Zanu-PF Masvingo Province has mobilised 15 buses to ferry more than 500 people who are set to participate in the march against sanctions in Harare next month.

Sadc countries have declared 25 October as the solidarity day against targeted sanctions imposed on some senior ZANU PF leaders and resolved to conduct various activities in their respective countries on that day to call for the immediate removal of the embargo.

However, ZANU PF has decided to hold demonstrations earlier in Harare and all the 10 provinces have started mobilising people to attend the event.

Masvingo Zanu-PF provincial deputy chairman Ailes Baloyi said the province has already started mobilising transport for the event.

“More than 15 buses have since been mobilised and some of the districts will have more than one bus each.

The United States of America and its allies should remove these illegal sanctions that are hurting innocent people,” said Baloyi.

He said the sanctions were derailing the new dispensation’s development programmes and their lifting would go a long way in addressing many challenges faced by the people.

“People are suffering and are in serious pain due to these illegal embargoes. There is no justification to continue under economic siege simply because we took our land. The sanctions were imposed following our successful land reform programme because the Western world felt that we were depriving white people of the resources.

“The new dispensation led by President Emmerson Mnangagwa is finding it difficult to push the development agenda forward due to these illegal sanctions and we say they must unconditionally go,” he said.

Zimbabwe National Liberation War Veterans’ Association provincial chairman Tendeukai Chinooneka said ex-freedom fighters were ready to join hands with their ZANU PF colleagues in demonstrating against the illegal sanctions.

“A number of economic programmes planned by the Government have not progressed well given the negative sanctions. We are fully behind the demonstrations and we will go with the rest of the people from the province,” he said.

MDC treasurer-general David Coltart said the government attempted to torpedo the party’s 20th Anniversary celebrations held at Rufaro Stadium in Harare on Saturday. Writing on microblogging site Twitter, Coltart said:

The MDC 20th birthday celebration was a magnificent party. The regime did everything in its power to disrupt it and deter people from going – water cannon and trolls putting out false messages. But all failed and it was a joyous party.

Not one single person of the thousands who attended was coerced, bribed or paid to attend. That this party was held in the backdrop of the murder, torture, disappearance and spurious prosecution of thousands of our members in the last 20 years is truly remarkable.

The MDC is a party which has withstood the torment and fire of tyranny. But it hasn’t just survived- it has been refined through these great trials and is now ready to usher Zimbabwe into a new era of democracy, freedom, tolerance and sustained economic development and growth.

The MDC turnout yesterday was even more remarkable than it even first appears. I have just had a reliable report that the police were out en masse yesterday deliberately turning back combis they felt contained people who wanted to attend the celebrations.

This happened right across Harare and so was clearly part of a centralized plan to undermine the attendance at the MDC celebration. Despite this people turned out in their thousands.

This shows just how scared the ruining party is now by the rejuvenated MDC. No other party, including the ruining party, in Zimbabwe, could come close to filling Rufaro Stadium as happened yesterday. That is a factual reality.

– Pindula

ZANU PF is the ruling party of Zimbabwe and he who has control of ZANU PF controls the country. The importance of ZANU PF was emphasized during the events of  November 2017. The tussle for power was settled in and by ZANU PF. The party installed Emmerson Mnangagwa as President, had the party installed any other individual it would have been the end of the road for Emmerson Mnangagwa.

Conference is an important decision making body before congress. Conference can make changes to the party , and government policy. Conference can overturn politburo decisions among several other things. It is therefore important that conference is controlled and political maneuvering happens on the road to conference to ensure that one’s desired outcome prevails with little or no challenges.

Political manoeuvering usually begins towards December, there are tactical challenges because if you move too soon your opponents will counter your moves and subsequently prevail. You move too late the domino effect of your moves might be too slow and ineffective for conference, hence the timing has to be right.

There are a few pointers to look out for on the road towards conference. These pointers help decipher truth from fiction, political agenda from national cause.

1. Media: The media is an important tool in the conference build up especially state media Herald , Sunday Mail and ZBC in particular. Politicians build narratives to help push their cause and add weight to a case presented in Politburo, Central Committee and pending conference’s decision. At one point Didmus Mutasa had a nasty fall out with Ceasar Zvayi as the Gamatox – G40 factions waged war against each other and the Herald was an important mouth piece towards swaying national opinion.

Fast forward to 2019 as we head towards conference the youth league calls for a press conference and drops a bombshell singling out a few politburo members and influential party supporters and sponsors. This press conference gets the desired outcome and investigations are opened and people start talking of corruption in the echelons of ZANU PF power.

The Secretary for Administration who is secretary to the Presidium is named as  corrupt and threatened to be locked out of office. Remember the Secretary for Administration basically plays the role of organiser and convener of conference. Disrupting his day to day work in the office is tantamount to sabotaging or hijacking conference.

The National Political Commissar will be busy ensuring that structures are in order and only those who represent the people with a mandate from district elections attend Congress. The secretary for finance will be busy ensuring that funds are in place while secretary for Administration handles all administrative issues around conference , the agenda and other business as mandated by the Politburo and central committee.

Tampering with the office of secretary for Administration towards a youth and women’s conference which are a precursor to main wing conference smells of a planned internal rebellion.

2. Structures – these are a key players as he who controls structures controls the resolutions passed at conference. If you gain control of 7 provinces and the districts thereof you can easily win any vote or decision at conference as decisions are by majority rule. Conference can mandate the party and all its structures to institute proceedings for a vote of no confidence in parliament and it would have to be followed through. The deployment of Victor Matemadanda as new NPC at the beginning of the second half of the year speaks volumes to those paying attention. The 2019 national people’s conference will be explosive and likely to be a game changer in Zimbabwean politics.

The moves being made and counter moves indicate that we are heading for an interesting clash of the titans.

3. Corruption – This is the magic card that can only be played by skilled tacticians. Throw corruption allegations against your opponent or their strongest ally. Use these allegations to keep them busy , Anti corruption investigators , police and party internal investigations will keep your opponent busy while you move mountains on the ground. Corruption allegations also ruin your opponent’s image and causes them to be booed at or even barred from an important meeting such as conference. This is politics and everything is connected to everything. The appointment of little known Justice Matanda Moyo to chair ZACC is an important piece to the puzzle. The timing of her appointment and the leveling of allegations against political players soon after is not coincidence.

In the next installment I will seek to do a timeline of events from January 2019 and their importance particularly towards the 2019 Conference.

South African opposition party, the Economic Freedom Fighters (EFF) has taken credit for the government of Zimbabwe’s climbdown on its position to bury the late former president Robert Mugabe at the National Heroes Acre.

Writing on Twitter on Friday, the party’s’ vice president Floyd Shivambu said Malema (EFF president) had to remind the government of Zimbabwe to respect the wishes of the dead. Said Shivambu:

The Government of Zimbabwe has finally respected the last Wishes of President Mugabe and the family to bury him in Zvimba.

It took the courageous leadership of Commander in Chief Julius Sello Malema to remind them of the African tradition of respecting the wishes of the deceased.

Malema visited Mugabe’s widow, Grace Mugabe, at the Blue Roof villa, earlier last week to pay his condolences. Speaking after meeting Mrs Mugabe and her close relatives, Malema condemned what he termed opportunists and arrivalists who are trying to ride on Mugabe’s legacy. He said:

It’s those who believe in what he stood for who should protect his legacy. If the current dispensation here believes in president Mugabe, they should protect his legacy.

Part of protecting his legacy is first and foremost to respect his last wishes and to respect the wishes of his family. It’s absolute nonsense that you think declaring a person a national hero takes away the right of the family over the deceased.

The family, especially the surviving spouse has got the last word.

Kingston Magombeyi, earlier this week obtained an order from the Harare High Court saying that his son could travel since he was not under arrest.

Dr Peter Magombeyi, the chairman of the Zimbabwe Hospital Doctors Association, disappeared from his home in Budiriro on the night of September 14.

His last WhatsApp message said: “I have been kidnapped by 3 men”.

Magombeyi was eventually released. In an interview with Washington based VOA Zimbabwe, he said he had been held in a basement and tortured with electric shocks.

Chiefs from the late national hero Robert Mugabe’s Gushungo clan of Zvimba were conspicuous by their absence during his burial yesterday, amid indications that they failed to agree with the family on burial procedures.

The late former President’s wish was to be buried the Christian way, a development that did not go down well with the chiefs, who wanted him to be buried in a traditional way.

The only notable figures during the burial were Chief Zvimba Beperere (Mr Alfred Tome) and one only identified as Chief Matare.

Addressing mourners at the Mugabe family’s homestead yesterday, Mugabe’s surviving sibling Dr Regina Gata said her brother was a Christian and he deserved to be buried as such.
The burial was presided over by the Roman Catholic Church.

Said Dr Gata: “ As the only surviving sibling, allow me more time to speak. This man lying hear was a true Christian who said, I will live a Christian life and die a Christian . . .
“Let me first make sure that I express my gratitude to His Excellency President Mnangagwa because he listened to the children on their father’s wishes.

“He was on record saying we will follow the family’s decisions, so all these discords, should go where they deserve.”State media

Nineteen people living in communities adjacent to game reserves have been killed by wild animals so far this year, thereby highlighting the worsening human-wildlife conflict, according to the Zimbabwe National Parks and Wildlife Management Authority (Zimparks).

Zimparks spokesperson Mr Tinashe Farawo told The Sunday Mail that 40 percent of the deaths resulted from being trampled by elephants.
Last year, 20 people were killed, a decline from 40 in 2017.

In the latest case a fortnight ago, two minors aged four and two years were attacked by a pack of hyenas in Kanyemba, Mashonaland Central.
One minor was killed while another is still missing.

Mr Farawo said the minors were left at home when their parents went to collect food aid from the local distribution centre.

“The attack took place when the children decided to follow their parents who had taken long to return, it was getting dark,” he said.
“When the parents got back, they could not locate the two minors. That is when a search party was formed.

The two-year-old’s head and her clothing items were discovered the following morning.

“We were then called in and we established that they had been attacked by hyenas. lnvestigations are still underway.

“Our partners have deployed helicopters on a search mission but it has been more than a week now,” Mr Farawo said.
Hundreds of people, he added, have also been injured in similar attacks, while thousands of livestock have been lost.

“A total of 19 people have been killed by wild animals since January this year, while one remains unaccounted for after an attack by a pack of hyenas last week,” said Mr Farawo.State media

President Emmerson Mnangagwa will deliver his State of the Nation Address (Sona) when he officially opens the Second Session of the Ninth Parliament on Tuesday.

Rehearsals for the ceremonial pageantry that precedes the official opening of the new session are underway.

Clerk of Parliament Mr Kennedy Chokuda said all arms of Government have been notified.

“The State of the Nation Address will be on the first of October at Parliament building. We have started preparations for the event and as you know, it is an event that brings together all the three arms of Government — Parliament, the Executive and the Judiciary – so we have also notified all of them. This Sunday (today), we will have rehearsals for the event,” he said.

“There will be a lot of pomp and fanfair. We will have the flypast by the Air Force of Zimbabwe and ceremonial movement by Zimbabwe Republic Police (ZRP) along Nelson Mandela Avenue and so forth. We have engaged all stakeholders and they are busy doing their own preparations,” Mr Chokuda said.

In his Sona, President Mnangagwa is expected to reflect on political, economic and social issues facing the nation.State media