Zimbabwe Electoral Commission (Zec)’s acting chief elections officer, Utoile Silaigwana, yesterday admitted that the electoral body did not invite chief election agents of political parties to verify last year’s July 30 election results as required by the law.

Silaigwana made the admission while testifying in the trial of MDC vice-chairperson Tendai Biti, who is facing charges of violating the Electoral Act by prematurely announcing the presidential results.

Biti’s lawyer Beatrice Mtetwa had asked the Zec boss if he invited the elections agents of various political parties when final results were announced.

“We did not invite the chief elections agents of various political parties when we formally announced the third and final results, which are now on our website. We only invited them when we announced the initial figure of 50,80%. On the next figure of 50,67% we also invited them to verify, but they were nowhere to be found,” Silaigwana said while testifying before Harare magistrate Gloria Takundwa.

He also admitted to releasing wrong results on two consecutive occasions, saying it was because of the country’s poor telecommunications network.

He struggled to explain why they announced three different figures of 50,59%, 50,67% and 50,80% for President Emmerson Mnangagwa’s victory.

“I put it to you that Zec disowned what it posted outside polling stations, coming up with three different results. You are not producing this information and you are hiding it because it will not contradict the accused person,” Mtetwa said.

She further asked Silaigwana if he would dispute that Biti announced the results based on the collated figures from the polling stations around the country and that MDC leader Nelson Chamisa was ahead with 75%.

Silaigwana said he could not dispute the assertion, but insisted that the presidential election results announced by Biti were incorrect and unofficial.

The Zec boss later became hostile and threatened to stop responding to some of Mtetwa’s questions, claiming it was now turning into an election petition, but Takundwa insisted that he answers to all questions put to him.

Silaigwana then told the court that he never investigated Biti’s claim that Chamisa won by 75% as at July 31 because it was unnecessary.

“It was not necessary to disprove his utterances because we were still collating the results from across the country,” Silaigwana said.

Tafadzwanashe Mpariwa and Jonathan Murombedzi appeared for the State.

NewsDay

FUGITIVE politician Professor Jonathan Moyo, who was slapped with a $5 million defamation suit by Vice President Constantino Chiwenga, has a case to answer and must face civil trial, the High Court has ruled.

Chiwenga is suing over a press statement issued by Prof Moyo in July 2017, insinuating that he did not earn his doctorate degree with the University of KwaZulu Natal, but instead, someone authored the thesis on his behalf in fulfilment of the programme.

Prof Moyo’s bid to avoid trial failed yesterday after Justice Thompson Mabhikwa threw out his application for exception with costs.

In the application, Prof Moyo had argued that Chiwenga’s summons and declaration were vague and embarrassing.

Justice Mabhikwa ruled that the claim was reasonable, clear and unambiguous.

He said Prof Moyo must defend himself in a civil trial.

“It is this court’s finding that anyone reading these documents (defendants’ papers included), cannot claim to be disillusioned as to what damages are claimed,” ruled Justice Mabhikwa.

“The claim is for defamation damages clearly as opposed to adultery damages, damages for loss of earnings or any other damages. The exception is dismissed with costs of suit. Defendant to file his plea within 10 days of receipt of this order.”

Wilson Manase and Mr Wellington Pasipanodya of Manase & Manase Legal Practitioners are representing Chiwenga while Chris Mhike of Artherstone & Cook is defending Prof Moyo.

Prof Moyo issued the statement on July 9, 2017 and it was published on various media platforms, portraying the VP as a dishonesty person who cheated to get the PhD qualification.

Part of the press statement deemed to be defamatory read: “Finally, I’m happy that Chiwenga wants pre and post-independence disclosures about who was who, who did what and so forth. That’s good. Meanwhile, I take that to mean he wants the disclosure of who contributed what to his doctorate and who really wrote his KZN PhD. Again, the Shona wisdom that kunyarara kurinani pane kutaura, (keeping quiet is better than talking) applies. #Handeitione.”

Chiwenga argues that the statement was highly defamatory of him and he is entitled to the damages.

The lawyers argued that the words were wrongful and that Prof Moyo only sought to soil his good name.

“The words in the context of the article are wrongful and defamatory per se of the plaintiff in that they were intended and understood by readers to mean that the plaintiff lacks integrity, is dishonesty, deceitful, and fraudulent in that he never made a contribution towards his post-graduate doctorate studies from the University of KwaZulu-Natal, and that another person wrote the thesis as a fulfilment to his doctoral studies,” reads the plaintiff’s declaration.

Chiwenga contends that the same words can be taken to mean that he plagiarised and violated the research methods at the university, which is an act of misconduct.

“Apart from the defamatory statement was an intention to convey an innuendo that the plaintiff is in fact, dishonesty, deceitful and given the fraudulent behaviour, that his academic post-graduate Doctorate in Philosophy qualification from the University of KwaZulu-Natal is an academic fraud,” reads the declaration.

Chiwenga, who was the military boss, is a decorated liberation war hero held in high esteem locally and regionally, suffered severe damage to his reputation and moral standing, the lawyers argued.

To that end, the VP is claiming the $5 million plus interest. He is also seeking an order for costs on a punitive scale against Prof Moyo.

Prof Moyo’s press statement appeared in various publications like daily and weekly newspapers and other media platforms that are widely read world over.

The contents of the statement were quoted and published in The Herald, Chronicle, newzimbabwe.com, ZimEye.com and various social media platforms.

State Media

Paul Nyathi|PRESIDENT Emmerson Mnangagwa swore in undeserving Kumbirai Hodzi as the country’s substantive Prosecutor General at State House on Wednesday.

Hodzi, has been Acting PG since July 24 last year.

Speaking after the swearing-in ceremony, Hodzi said he was geared to escalate the fight against corruption through improving the quality of the dockets and prosecution.

Hodzi said quality investigations and prosecution of cases was key to ensure conviction of all those who are guilty of graft.

“We want to improve the quality of investigations, dockets and the prosecution of matters to ensure that the guilty are sent to jail,” said Hodzi.

He said his office had received corruption complaints against some magistrates and prosecutors.

“After what happened recently at Harare Magistrates Court, we received a number of complaints against magistrates and prosecutors. Investigations are already underway,” he said.

Hodzi vowed to unearth all the corruption cartels in the justice system which include lawyers, judicial officers and prosecutors.

Vice Presidents Constantino Chiwenga and Kembo Mohadi attended the ceremony.

Hodzi replaced Advocate Ray Goba, who resigned mid last year.
Prior to July 24, 2018, Hodzi was Deputy Attorney-General in charge of the Legal Advice Section since 2012.

The race for the substantive PG’s post had 10 candidates who were publicly interviewed in November last year.
Hodzi came seventh in the interviews and was not in the original list of names forwarded to the Presidium for appointment.

The other candidates were: Mrs Noria Mashumba, Mrs Florence Ziyambi, Ms Jessie Majome, Mrs Wendy Chingeya, Justice Maphios Cheda, Mr Misheck Hogwe,
Mr Tinomudaishe Chinyoka, Mr Edmund Marondedza and Mr Tichaona Mantsebo.

By Patrick Guramatunhu|”I invite leaders of all political parties as well as religious and civil leaders to set aside our differences and come together,” said President Mnangagwa via his Twitter account.

“What unites us is stronger than what could ever divide us. Let’s begin a national dialogue. Let’s put the economy first. Let’s put the people.”

The country’s economic and political crisis stems from the refusal by Zanu PF to accept that it has failed and allow the ordinary people to have a meaningful say in the governance of the country.

If we are going to be united then we must be united by truth, justice and common sense. We should be one in pledging our commitment to the freedoms and rights of all our citizen as stated in the UN Universal Declaration of Human Rights notably the right to life and the right to a meaningful say in the governance of one’s country.

Article 21 of the UN Declaration states.

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

(2) Everyone has the right of equal access to public service in his country.

(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Zimbabwe is divided today and brother is harassing, beating and even killing fellow brothers and sisters for no other reason other than that the Zanu PF ruling elite will not accept the fundament reality that every Zimbabwean has a right to a meaningful say in the governance of the country.
Zanu PF has routinely rigged elections for the last 38 years with the political and economic consequences we see all round the country today, the total economic ruins and a nation cowing under a brutal dictatorship. The cup is full to overflow.

Mr Mnangagwa you and your Zanu PF junta have no mandate to govern Zimbabwe because you rigged last July’s elections. You are illegitimate!

It is not for you to call for national dialogue, it is for you to listen to the nation’s demand that you step down. “What unites us is stronger than what could ever divide us!” Your insatiable greed for power and wealth is what has divided this nation for the last 38 years. You have held this nation to ransom and this must now end!

Zanu PF must step down now before the regime drags the nation any deeper into this hell-on-earth Zanu PF landed us into!

What has divided this nation is Zanu PF’s insatiable greed for power and wealth and it cannot be allowed to continue to divide us hence the demand for the regime to step down without further ado.

Supreme Court judge Justice Francis Bere is under investigation over allegations of conflict of interest in a ruling he made in the more than $2 million consultancy dispute between Zimbabwe Stock Exchange-listed Meikles Limited and Widefree Investments.

Widefree is linked to industrialist Mr Joseph Kanyekanye, a long standing client of Bere Brothers, a law firm founded by the judge.

Chief Justice Luke Malaba ordered investigations into alleged violation of judicial ethical conduct by Justice Bere after Meikles executive chairman Mr John Moxon filed a complaint with the Judicial Service Commission (JSC) that Justice Bere was conflicted in giving a ruling against Meikles under Case Number SC 503/18.

Chief Justice Malaba chairs the JSC.

Meikles, which entered into a consultancy agreement with Widefree Investments trading as Core Solutions in December 2013, lost the case both at the High Court and Supreme Court.

The obligation of the agreement was that Core Solutions would assist Meikles in recovering funds it was owed by the Reserve Bank of Zimbabwe.

Chief Justice Malaba acknowledged receipt of the complaint against Justice Bere, saying it raised issues relating to ethical conduct of the imputed judge and ordered investigations into his conduct.

“We acknowledge receipt of your letter dated September 20, 2018 addressed to Honourable Chief Justice, which has been referred to the Chief Justice for response,” read the letter dated September 28 2018 and signed by Ms Anita Tshuma, the registrar of the Constitutional and Supreme Court.

“The Chief Justice has requested us to inform you that your complaint raises issues relating to the ethical conduct of the judicial officer concerned, which will need to be investigated by the Judicial Ethics Advisory Committee.

“You will be advised of the outcome of the investigations once they have been completed.”

In a letter he wrote to Chief Justice Malaba in September last year, Mr Moxon said he had information of Mr Kanyekanye’s links with Justice Bere.

“Information, however, has come to my attention that gives rise to the suspicion that conditions under which our Supreme Court case was heard do not meet the very high standards of impartiality and integrity that are associated with that court,” he said.

He said information in the public domain showed that in 2013 when Kanyekanye appeared at Mutare magistrates’ courts on criminal charges he was represented by Bere Brothers.

Mr Moxon disclosed that Bere Brothers were advising Mr Kanyekanye’s Core Solutions in a dispute that the company had with the Government over payment of funds to their client, a South African-based company.

“This information is of serious concern to us at Meikles as it raises the question of impartiality of our courts in the Core Solutions matter,” he said.

“It is my understanding that judges when faced with matters where conflict of interest might be inferred such as the one cited are obliged to recuse themselves. In this instance, Justice Bere did not do so.”

Mr Moxon said he did not seek to cast aspersions against a judge of the Supreme Court, but in his view the relationship between Justice Bere and Bere Brothers was one that would have made it imperative for him not to be involved in a matter where Core Solutions was a party.

State Media

By Own Correspondent|Police spokesperson Assistant Commissioner Paul Nyathi told the state owned Herald last night that they wanted to interview Zimbabwe Congress of Trade Unions (ZCTU) president Peter Mutasa, activist Promise Mkwananzi and some MDC Alliance party members in connection with last week’s #ShutdownZimbabwe protests.

The  MDC Alliance members on the police wanted list are Youth Assembly secretary-general Lovemore Chinoputsa, Shadreck Mashayamombe, Munyaradzi Shoko, Christine Magorimbo alias Mai Chiutsi, Ishmael Kauzani and Simbarashe Bernard also known as Juma.

Nyathi said police  wanted to interview Mutasa, Mkwananzi and some MDC Alliance members with regards to the violent disturbances.-StateMedia

By Own Correspondent|Secretary for Information, Publicity and Broadcasting Services Nick Mangwana has said the #ShutdownZimbabwe protests were pre-planned and MDC-Alliance and its allies are wholly responsible for the loss of lives and destruction of property which occured last week Monday.

Mangwana said while some of the organisers of the protest had gone into hiding, government was committed to ensuring that the organisers were brought to account.

Said Mangwana:

“Following today’s extensive briefing to his Excellency the President, Cde Emmerson Dambudzo Mnangagwa,on the state of affairs in the country, it has become clearer more than ever before that the violent demonstrations which rocked the country last week were long pre-planned by MDC Alliance working in cahoots with its associate organisations , principally the ZCTU and political NGOs led by the Crisis in Zimbabwe Coalition and with foreign organisations and individuals who had been infiltrated into the country for the purpose.

The violent demonstrations were a direct result of this elaborate plan agreed to at a meeting held last year at Wild Geese Resort, which plan was meant to trigger and precipitate instability in the country for regime change.

The MDC-Alliance and its affiliates are thus wholly responsible for the destructive events which followed, and of course for the consequent loss of life and destruction of property which the country suffered.

“Ours laws clearly hold to account all those responsible for convening demonstrations whose outcome turns out to be violent. Government is thus committed to enforcing the relevant law to the fullest, meaning the MDC-Alliance and its allies will be made to fully account for the losses incurred as a result of those demonstrations.

Those from their ranks who are on the run, or are still at large hiding, will be accounted for eventually, in order to make them fully answerable for their actions,” he said.

By Own Correspondent|In an interview with the state owned Herald, police chief spokesperson Commissioner Charity Charamba confirmed arresting minors involved in last week’s protests.

Charamba said children were involved in looting, acts of arson and violence. 

According to police statistics, at least four juveniles appeared in court in Mutare and Harare over offences committed during last week’s protests. 

Charamba said the juvenile suspects had to be released into the custody of their parents when the adults were locked up in remand prison. Two were released at the Harare Magistrates’ Court on Monday while another pair of juveniles was granted bail in Mutare.

Said Charamba:

Parents should not allow their children to participate in violence. In some cases, violent protestors would use children as human shields when they clashed with the security forces. Women would be placed on the second row while the violence architects, who appeared to be men, would be at the back. That is dangerous and is tantamount to exposing children to violence. It also destroys their future. We respect children’s rights and there was no abuse in the arrest of the juveniles. Unfortunately, our law does not exempt the juveniles from arrest. They had to be released into the custody of their parents.

The police said some women with babies strapped on their backs committed offences during the protests.-StateMedia

By Own Correspondent|United Family International Church leader Emmanuel Makandiwa and his wife, Ruth, who were being sued for US$6,5 million over alleged “fake prophecies” have been cleared of any wrongdoing.

Harare-based businessman Upenyu Mashangwa and his spouse, Blessing, filed the lawsuit at the High Court in 2017 claiming the prophet in 2012 misrepresented that they would encounter a “debt cancellation miracle” and encouraged them to continue “seeding”.

They also alleged fraud and defamation. However, the High Court summarily dismissed the six claims against UFIC leaders as false, frivolous and vexatious.-StateMedia

By Patrick Guramatunhu|”I invite leaders of all political parties as well as religious and civil leaders to set aside our differences and come together,” said President Mnangagwa via his Twitter account.

“What unites us is stronger than what could ever divide us. Let’s begin a national dialogue. Let’s put the economy first. Let’s put the people.”

The country’s economic and political crisis stems from the refusal by Zanu PF to accept that it has failed and allow the ordinary people to have a meaningful say in the governance of the country.

If we are going to be united then we must be united by truth, justice and common sense. We should be one in pledging our commitment to the freedoms and rights of all our citizen as stated in the UN Universal Declaration of Human Rights notably the right to life and the right to a meaningful say in the governance of one’s country.

Article 21 of the UN Declaration states.

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

(2) Everyone has the right of equal access to public service in his country.

(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Zimbabwe is divided today and brother is harassing, beating and even killing fellow brothers and sisters for no other reason other than that the Zanu PF ruling elite will not accept the fundament reality that every Zimbabwean has a right to a meaningful say in the governance of the country.

Zanu PF has routinely rigged elections for the last 38 years with the political and economic consequences we see all round the country today, the total economic ruins and a nation cowing under a brutal dictatorship. The cup is full to overflow.

Mr Mnangagwa you and your Zanu PF junta have no mandate to govern Zimbabwe because you rigged last July’s elections. You are illegitimate!

It is not for you to call for national dialogue, it is for you to listen to the nation’s demand that you step down. “What unites us is stronger than what could ever divide us!” Your insatiable greed for power and wealth is what has divided this nation for the last 38 years. You have held this nation to ransom and this must now end!

Zanu PF must step down now before the regime drags the nation any deeper into this hell-on-earth Zanu PF landed us into!

What has divided this nation is Zanu PF’s insatiable greed for power and wealth and it cannot be allowed to continue to divide us hence the demand for the regime to step down without further ado.

By Own Correspondent| Two men from Chitungwiza have been hauled to court for stealing the town’s only traffic light during last week’s #ShutdownZimbabwe protests.

Takemore Bhunu (27) of Glen View 3 and Godsave Mukore (25) of Chitungwiza appeared however pleaded innocent to the charges levelled against them when they appeared before Chitungwiza magistrate Blessing Murwisi Wednesday.

The duo were remanded in custody pending the continuation of trial Thursday.

The pair claimed the Zimbabwe Republic Police (ZRP) “planted evidence” against them as they were at home when the alleged offence was committed.

Ms Tendai Shonhayi prosecuted.

It is the state’s case that on January 14 at around 1100hours, Gabriel Kawara (42), who is employed by Choppies Chitungwiza Town Centre branch, closed the supermarket following threats of violence.

Choppies lost goods worth over $400 000

At around 9am, Bhunu, Mukore and accomplices still at large, armed themselves with stones, logs and iron bars and barricaded Mharapara Road at C-Junction with burning tyres.

They destroyed the traffic lights at C-Junction.

They took the traffic lights with them.

The two proceeded to Choppies Supermarket where they forcibly opened the doors and stole goods before fleeing the scene.

Police investigations revealed that Bhunu and Mukore sold some of the goods to passers-by.

They hid some along a stream behind Tafa Shopping Centre in Unit D.

Kawara later received information about the looting and made a report to the police.

Bhunu was later arrested and implicated Mukore.-StateMedia

Farewell Samanyanga: Tribute from Thomas Mukanya Mapfumo

In Zimbabwe we say Wafa Wanaka. But this is a generic phrase normally used for one whose good works are hard to put together after he has gone.

With Tuku, we say matipa matitorera. We were given and were later robbed. This was a man of many talents. Music that lasts is not easy to compose.

Fellow Zimbabweans, please join us mourn the departure of one of the best musicians we ever had in Zimbabwe. Oliver Mtukudzi was one of us. We started way back in the sixties in Harare and charted the same path for the same cause as we sang, entertained and educated from different platforms and at times from same platforms.

I will say that last year in 2018 when we joined hands on the stage at the Glamis Arena, little did we realize that we were doing our parting shots. Kwaive kuonekana. It was a night well spent with our fans as we sang and danced to celebrate a surprise twist of events in Zimbabwe. The rest of the history would unfold as we kept in touch and made efforts to strengthen our music and give hope to the people of Zimbabwe.

Today is a sad day. Tuku was a wonderful, kind hearted, selfless man who had the mind to care for others. I cry for a brother, friend, uncle, grand pa and sahwira.

Oliver was a man of the people. He sang from the heart and he was candid as he expressed himself clearly. His fame rested on solid pride in his culture, his Ubuntu and his focus on what mattered most to his life. People.

He found so much value in the people and spent so much time investing in various projects to make people stay focused and be together. At times he added his dance styles and sharp sense of humor to spice up his music.

Many enjoyed his music which could be deemed classy and timeless. He sang for all times, generations and occasions and everyone was left with something to chew upon. That was Oliver for you.

Even as the son of the soil toiled by taking his music across the world from South Africa with Steve Dyer and many other musicians he collaborated with, to America and Europe, he never got too busy for his cultural values or his people.

He had a big heart for his country. He sang well and stood for what he believed in. With lots of controversy surrounding some of his lyrics, he let people get the benefit of the doubt as he kept trudging on.

Today Samanyanga joins Sam Mtukudzi his dear son who left a few years ago. Mukorekore left a great katekwe foot print and big shoes that many budding musicians will find tough to fill. Not so many of our budding musicians will be able to cope with cultural balances and dynamics faced today. He just did that. He sang not to chase money but to create value in his convictions. Of course money followed his values and he created a steady life that many looked up to.

With his Pakare Paye Arts Center, he built himself that legacy and sign post of Tuku music that will forever make his name memorable before many artists and fans.

Zororai murugare Nzou. Sarawega you sang. Tasara toga.

c/o Chimurenga Music Company

By Own Correspondent|Tuku Music Official has issued a statement confirming the death of music icon Oliver Tuku Mtukudzi.

However the family requested for privacy their privacy as they come to terms with the shocking loss of their loved one.

Said Tuku Musik Official:

It’s with great sadness to share with you all that Dr Oliver “Tuku” Mtukudzi died in Harare earlier today. He was not only a national icon but celebrated throughout Africa and the world.

While a public man, he was also a father, brother, grandfather, uncle, and above all a husband to his loving wife Daisy Mtukudzi. At this time the family is taking a few moments to come to terms with the shocking loss and respectfully requests some privacy.

An additional release with more information will be made tomorrow. Rest in Power Samanyanga.

A giant has fallen, Zimbabwe and indeed the whole world is poorer without Oliver “Tuku” Mtukudzi.

President Dr. Thokozani Khupe and the MDC-T family mourns with the Mtukudzi family, Zimbabwe and the global community today.

It is with sadness that we say good bye to one of the greatest musician of our time, Oliver Mtukudzi. Our thoughts and prayers are with his family and loved ones as we mourn the death of a Zimbabwean music legend.

We will forever appreciate how the legendary Oliver Mtukudzi preserved his heritage and built bridges of African unity, while simultaneously making us appreciate the universality of music.

However his legacy and work lives on and will continue to inspire generations to come. Olivet affectionately known as “Samanyanga” was a visionary par excellence and a unifier. Zimbabweans must draw inspiration from him especially at this difficult time of hate and division and unite in our diversity for the greater common good.

As we mourn, we also celebrate his life and the positive contribution he made through his music to every Zimbabwean. His music unified us as one people, one nation.

There are people that contribute much to a country in time of peace that they deserve to be recognized as national heroes. Oliver Mtukudzi is one of them.

He contributed immensely to the music and arts industry nationally and internationally. His music was filled with so much wisdom and depth that could turn around livelihoods and communities.

It’s a very dark time for Zimbabwe. Our hearts are heavy, our Legend Oliver Mtukudzi has passed on. Africa and indeed the world has lost a great music icon, a legend whose music touched millions of people the world over. Tabatwa panorwadza moyo.

Thank you for sharing your talent with Africa and beyond. May your Soul Rest In Eternal Peace.

Linda Tsungirirai Masarira
MDC-T National Secretary for Information and Publicity

By Own Correspondent|Several people arrested nationally for allegedly participating in last week’s anti-government protests have pleaded not guilty to charges of committing public violence and other offences levelled
against them.

The Zimbabwe Lawyers for Human Rights (ZLHR) reported that in Manicaland at Rusape Magistrates Court, three people, Archford Chari, Leonard Rebanewako and Joe Nyasha Katope on Monday 21 January 2019 pleaded not guilty to the charges levelled against them when they appeared before Provincial Magistrate Shane Kubonera.

The trio, were charged with public violence as defined in section 36 of the Criminal Law (Codification and Reform) Act.

They were arrested on Tuesday 15 January 2019 and charged after they allegedly placed some burning tyres on roads and erecting barricades on roads and tearing a billboard of President Emmerson Mnangagwa.

Said the ZLHR in a statement:

At Harare Magistrates Court, 13 Hatcliffe residents, who are represented by Andrew Makoni and Alec Muchadehama of ZLHR, pleaded not guilty to charges of committing public violence when their trial commenced on Tuesday 22 January 2019 with two State witnesses exonerating the accused persons of committing the alleged offence.

At Mbare Magistrates Court, 14 Southlea residents on Tuesday 22 January 2019 denied the charges of committing public violence when their trial commenced.

The 14 residents are represented by Jeremiah Bamu and Gift Mtisi of ZLHR. The 14 residents include Nyasha Kangwara,
Bernard Zuze, Aaron Chigoche, Godfrey Mathe, Justice Kanyasa, Bothwell
Mawire, May Rusenza, Hamlet Munyanyi, Tonderai Masanga, Learnmore
Munyimo, Leonard Madzimure, Lincoln Zinyawu and Cecelia Jonasi.

In Marondera, the trial of 13 residents arrested for allegedly committing public violence will commence on Friday 25 January 2019 and on Tuesday 29 January 2019.

The 13 residents, who are represented by
Marufu Mandevere of ZLHR are Tinashe Nyampepema, Tendai Chimwanengara,
Eliah Machape, Munyaradzi Gumbo, Dean Sakala, Tinotenda Samhu, Kudzai
Mukoma, Gerald Mapara, Anopa Michael Nyabadza, Frank Mukombwa, Prosper
Chimina, Lovemore Mutambisi and Simbarashe Nyahuye.

In Chitungwiza, the trial for two residents Takemore Bhunu and Godsave Mukore, who were arrested by ZRP officers and charged with public violence after they were accused of erecting barricades on roads, commenced on Wednesday 23 January 2019 while two other residents John Musona and Tatenda Antonio will stand trial on Thursday 24 January
2019.

Another resident, Abraham Liyala’s trial commences on Monday 28 January 2019. All the residents are represented by Tinomuda Shoko and Idirashe Chikomba of ZLHR.

At Harare Magistrates Court, the verdict for the bail application for two residents Shadreck Asani and Daniel Shingirai, charged with public violence will be handed down today. The two are represented by Lizwe Jamela of ZLHR.

At the High Court, ZLHR lawyers Tonderai Bhatasara and Beatrice Mtetwa filed a bail application seeking the release of His Generation Church leader Pastor Evan Mawarire, who was arrested last week and charged with subverting a constitutional government as defined in section 22(2)(a)(iii) of the Criminal Law (Codification and Reform) Act, incitement to commit public violence as defined in section 187(1)(b)
of the Criminal Law (Codification and Reform) Act as well as public violence as defined in section 36(1)(a) of the Criminal Law (Codification and Reform) Act.

At Harare Magistrates Court, Japhet Moyo, the Secretary-General of the Zimbabwe Congress of Trade Unions was set to appear in court on Wednesday 23 January 2019 after he was arrested by ZRP officers and
charged with subverting constitutional government for allegedly sending messages encouraging Zimbabweans to overthrow a constitutional government during last week’s shutdown protests. Moyo is represented by Alec Muchadehama, Bryant Elliot and Tinashe Mundawara of ZLHR.

By Own Correspondent| President Emmerson Mnangagwa has described the late music icon Oliver Mtukudzi as a true patriot whose music has offered comfort to the nation in trying times.

Mtukudzi (66), died Wednesday afternoon at the Avenues clinic in Harare. He was battling diabetes.

Said Mnangagwa:

Today we said goodbye to a true patriot. Oliver Mtukudzi, your voice has given us comfort during difficult times, and will remain with us for posterity. Rest in peace comrade.

By Paul Nyathi|MDC Vice President Morgen Komichi has challenged the government to arrest the Roman Catholic Church leader for last week’s protests that turned violent if they harbour thoughts of arresting President Nelson Chamisa on the same charges.

Addressing a media briefing at the opposition party headquarters in Harare on Tuesday, Komichi said that if the Emmerson Mnangagwa government is determined in arresting leaders of groups of people who took part in the protests then the head of the Catholic Church, Pope Francis, must also be arrested as some Catholics took part in the protests.

Komichi rubbished government claims that the main opposition instigated the deadly protests adding that the demonstrations were a spontaneous reaction by angry groups of locals.

Four MDC MPs have since been arrested facing subversion charges which carry up to 20 years imprisonment if one is found guilty.

Komichi said government was wayward in picking on the MDC as having led the protests.

“If we really go back to what happened last week, it was a citizen movement. That is citizens standing up against the government,” he said.

“Why then be selective and choose the MDC because among the people that were killed, victimised, are some from the Catholic diocese, some from the vendors, it was a mixture of all those people.”

There were unconfirmed reports this week the state may consider arresting MDC leader Nelson Chamisa and link him with the skirmishes.

“Why then be selective and say MDC alone was responsible for the action? If they are to arrest the MDC leadership, they must go and arrest the Pope at the Vatican and the Anglican Bishop because their people were also involved in these mass demonstrations.

“We do not want to create a situation where they put the blame on us. The challenge of last week was the people’s challenge and actually triggered by President Mnangagwa himself,” Komichi said.

By Own Correspondent| Veteran musician Oliver Mtukudzi has died.

ZimEye has it on good authority that Mtukudzi died today at the Avenues clinic in Harare Wednesday.

The 66-year-old music superstar with 66 albums to his name, was admitted at the Avenues clinic in Harare for the past few days where he was battling an undisclosed illness.

This is a developing story. Refresh this page for updates.

By Paul Nyathi|Two men from Gwanda have systematically been denied bail on similar charges of public violence during last week’s citizen protests.

Nkanyiso Ncube (38) of Senondo Suburb pleaded not guilty to a charge of public violence or alternatively obstructing or endangering free movement of people or traffic when he appeared before Gwanda provincial magistrate, Mr Maphios Moyo.

He was remanded in custody to Friday for trial after Mr Moyo dismissed an application for refusal of remand made by Ncube’s legal counsel.

The State had requested Ncube to be remanded in custody to Friday for trial.
Ncube’s lawyer, Mr Melusi Dube of Dube and Mguni Legal Practitioners made an application for refusal of remand saying the State did not have enough evidence to prove that his client committed the offence.

“The State hasn’t provided sufficient facts to create reasonable suspicion against my client in this matter. In order for a person to be charged for public violence, he should have acted in consent with other people. The allegations against my client are that he acted in consent with several unknown people who are still at large. This is a bald allegation as these people haven’t been specified and are unknown.

“In the statements of the four State witnesses, there is no indication that they saw my client acting in cahoots with other people. There is also no eye witness who says they saw him burning the tyres, they are all saying they saw him seated at the scene. There is no proof that my client was acting upon the national protests. Therefore there is no evidence which proves that he committed the offence and therefore may further remand be refused,” he said.

Representing the State, Mr Mncedisi Dube opposed the defence counsel’s application saying all witnesses indicated that they saw Ncube at the crime scene which meant that he could have committed the offence.

He said Ncube wrote a letter upon being arrested which was produced in court during his initial appearance stating that he committed the offence after being frustrated by the fuel price increase.

“The State is saying accused person acted in consent with other unknown people in different parts of the country because this incident occurred on 14 January during nationwide protests that were recorded after an announcement of increased fuel prices. Looking at the circumstantial evidence and how events unfolded on this day, the accused person has a case to answer.

“Facts on record and the charge are sufficient to place the accused person on remand. All four witnesses in their statements say they saw accused person at the scene. He is the only one who was at the scene and the offence therefore points to him and that is why he was arrested,” he said.

Mr Mncedisi Dube said on January 14 around 4PM and acting in consent with several unknown people on the civil unrest, Ncube placed burning tyres on a tarred road near Senondo Primary School.

He said the police district reaction group received a tip off on the matter, attended the scene and recovered two burnt tyres and Ncube was arrested.

In a separate but related incident, a disabled activists from Gwanda has been denied bail for damaging property at the Zanu-PF Matabeleland South provincial offices during last week’s protests.

Kukhanyakwenkosi Mkandla (34) appeared briefly before Gwanda magistrate, Mrs Nomagugu Sibanda, facing charges of public violence and malicious damage to property.

Mkandla’s lawyer, Mr Melusi Dube of Dube, Mguni and Dube Legal Practitioners made an application before the court for his client to be remanded out of custody on his own cognisance but the court rejected the appeal and set him for trial on Friday.

In his application Mr Dube said his client was not a flight risk and did not have a criminal record.

Representing the State, Mr Blessing Gundani opposed the application saying Mkandla was likely to commit another offence if released considering the prevailing unrest in the country.

‘’We are not saying the court should order the accused person to be kept in custody forever but we are saying can he be held until the situation has normalised. The situation in the country at the moment is volatile as we have seen through violent incidences that have been recorded in some parts of the country.

‘’If accused person is remanded out of custody while the situation is still volatile he is likely to commit another offence or cause people to feel insecure,’’ he said.

Mr Gundani said Mkandla, who is a self employed film maker and several others who are still at large, damaged windows at the Zanu-PF Matabeleland South provincial offices on January 17 at around 5PM.

‘’On 17 January at around 5PM, Mkandla teamed up with several others who are still at large. They went to the Zanu-PF provincial offices and started throwing stones. A security guard, Mrs Linatte Ncube, who was on duty at the Government Complex offices which are close to the Zanu-PF offices, saw the gang.

‘’She identified Mkandla whom she saw hurling stones that damaged some windows. She also saw him throw stones on the roof top. Ms Ncube informed Constable Tarisai Tom who was also stationed at the Government Complex offices. Constable Tom found Mkandla trying to uproot a sign post while his accomplices had fled the scene.

“Cst Tom escorted Mkandla to the police station resulting in his arrest,” said Mr Gundani.
He said four windows panes with a total value of $101 were damaged.

Recently appointed state run Herald Newspaper editor Joram Nyathi has been fired from his job.

Highly placed sources indicated that Nyathi was apparently dismissed for publishing the arrival of President Emmerson on page 2 of The Herald on Tuesday.

Instead of running Mnangagwa’s return on the front page as the lead story, the publication instead featured the return of ZUPCO buses.

Though Nyathi’s departure has yet to be confirmed by Zimpapers group, publishers of the Herald the veteran journalist hinted at his unceremonious ouster; simply saying on Twitter;

The remark suggests he has been fired from the state media.

Mnangagwa loyalist Mayor Justice Wadyajena had warned earlier Tuesday the ruling party’s unhappiness of relegating Mnangagwa To the back against ZUPCO buses.

Remarked the Zanu PF legislator on Twitter;

Nyathi was only appointed Herald editor on December 18 last year, taking over from Caesar Zvayi.

Zimbabwe is likely to get its own new currency within the next month according to reports from local publication Mail and Telegraph.

According to the media sources, the currency was printed in March last year and is being kept safely at the vaults by the Central Bank.

The sources said the currency could not be introduced due to a number of political factors and confidence boost but the currency is likely to be launched within the next month.

They said the currency will be backed by gold and that government has been purchasing the gold through Fidelity Printers and Refiners (FPR).

Finance minister Mthuli Ncube also recently hinted that government would introduce own currency.

Ncube made the revelations during his address at the Global Shapers Community meeting held at the Celebration Center two weeks ago.

“We should be close on currency reforms. It will happen by stealth because we can’t. Currency reforms started October 2018 but we didn’t have fiscal discipline in place. We won’t capitulate to the USD but have currency reforms.

“We are less than 12 months away from currency reforms,” he said.

In an interview with Bloomberg in Davos, Switzerland on Monday, Ncube also revealed that a lot of work needed to be done in order to create an enabling environment for the reintroduction of the local currency.

“A lot needs to be done before the introduction of the Zimbabwean currency, which first of all is fiscal discipline, making sure we bring the budget deficit into single digits and that runaway Government expenditure is curtailed.” he said.

The opposition MDC leader who was billed to address a press conference to update the nation on his party position and the political situation in the country has cancelled his planned media briefing under unclear circumstances.

The briefing had been set for 1130am today at the party’s Morgan Tsvangirai house.

Chamisa was expected to tackle the issue of the planned dialogue meeting announced by President Emmerson Mnangagwa when he arrived back home from his four-nation visit in Eastern Europe.

Yesterday, Chamisa called for the release of activists and party members detained in connection with last week’s national shutdown as a condition for resumption of dialogue.

By Own Correspondent| Leader of #ThisFlagMovement Pastor Evan Mawarire, has approached the High Court to be granted bail pending trial on treason charges.

Mawarire is being charged with contravening section 22(2) (a) (iii) of the Criminal Law (Codification and Reform) Act (subverting a constitutional government) or in the alternative being charged with inciting the public to commit public violence as envisaged in section 187(1) (b) as read with section 36(1) (a) of the Code.

In his application Mawarire said:

I aver that to peaceful challenge that the government should address the economic challenges is permissible under section 67(2) (a) of the Constitution. The same applies to a demand that the government pays workers in United States dollars and the allied request for the government to remove the bond notes

I aver that there is no State case from the papers. The main offence in question is only committed if an accused person, acting in or outside Zimbabwe (a) organises, or sets up, or advocates, or suggests the organisation or setting up of a group or body (b) for the purposes of coercing or attempting to coerce the government.-Newsday

Former Masvingo Minister of State, Kudakwashe Bhasikiti has scoffed at President Emmerson Mnangagwa for failing to drive the nation to prosperity charging that leadership qualities are not sold in Russia, Khazakstan or Belarus where his former party colleague recently visited to seek cooperation and investment.

Posting on Twitter this morning, Bhasikiti said;

“Those who thought leading a nation is Kutonga,vazvivonera pamhino sefodya,governance demands wisdom,tolerance and fatherly heart to listen and care for all.I don’t want to pretend such qualities are sold in Russia&Kazakhstan,but in Zimbabwe.We shall not be fooled again.”

Government has made progress in terms of achieving conditions that need to be fulfilled on the macro-economic front before the reintroduction of local currency, according to Finance and Economic Development Minister Professor Mthuli Ncube.

This follows Minister Ncube’s announcement recently that the country will have its own currency within the next 12 months as Government moves to deal with inflationary pressures among other factors that are impeding economic turnaround efforts.

In an interview with Bloomberg in Davos, Switzerland on Monday, Minister Ncube indicated that he is implementing a cocktail of measures that include enforcing fiscal discipline, cutting runaway Government expenditure as well as increasing compliance on the country’s revenue collection front.

He said these measures were key towards creating an enabling environment for the reintroduction of the local currency.

“A lot needs to be done before the introduction of the Zimbabwean currency, which first of all is fiscal discipline, making sure we bring the budget deficit into single digits and that runaway Government expenditure is curtailed.”

He added; “Also making sure there is compliance on the revenue collection front — we need to build the micro-institutions for full monetary policy conduct in the sense of introducing a monetary policy committee, making sure we put in place a framework for inflation targeting but also growth targeting.

“Externally making sure we can begin to address our arrears in terms of what we owe to other nations, the Bretton institutions included, but fiscal discipline is key.

“If you noticed what has been happening, since October 2018 the premiums in the parallel market have stabilised and this is because of fiscal discipline,” said Minister Ncube.

Meanwhile, Prof Ncube also highlighted that treasury is expecting to significantly reduce annual inflation figures to a single digit by December this year.

“On the fiscal front, we continue to make sure there is fiscal discipline, cutting back on Government expenditure, making sure that it is not the fiscus that is adding to inflationary pressures. In December we are expecting inflation that is single-digit indeed.”

He, however, said it will take a few months to be able to bring inflation to a single-digit.

“We are coming from a low base and then with the sharp hike in October 2018 that has moved us to a higher level of the index and that creates a technically higher figure on inflation, but if we look at month-on-month, the figure for the last two months, it is single digit,” he said.

This comes as the Zimbabwe National Statistics Agency, recently revealed that Zimbabwe’s month-on-month food and non-alcoholic beverages inflation rate stood at 9,07 percent in December 2018, shedding 5,46 percentage points on the November 2018 rate of 14,53 percent.

State Media

By Paul Nyathi|ZANU PF leader President Emmerson Mnangagwa has called on national stakeholders to come forward for dialogue on the future of the country following last week’s wave of citizens protests.

In response opposition MDC leader, Nelson Chamisa has challenged Mnangagwa To first accord Zimbabweans freedom from repression before any thoughts of dialogue are entertained.

Below is the opposition leader’s full response to Mnangagwa.

We continue to mourn our lost relatives and empathise with the wounded and displaced fellow citizens.

“Our solution to the crisis requires sincerity, honesty and compassion for those we lead. It is not about lofty words or wordplay unsupported by conduct on the ground.

We’ve long offered a hand to resolve our national challenges.

Regrettably this hand has been spurned and mocked. It is sad that some seem to have reluctantly come to this realisation following the loss of lives.

It doesn’t have to be that way but such is the price of arrogance.

When people die, we come together and mourn together. We console the bereaved and show compassion.

Leaders console, comfort and apologise for wrongs that they have done.

It is not the time for a catalogue of excuses, explanations or justifications. We must show respect to Zimbabweans.

Going forward, we must correct wrongs now. We call for an immediate end to the crackdown and terror that has induced insecurity across the country.

We call for the unconditional release of all prisoners of conscience and political detainees whose rights continue to be violated.

No nation can make progress without the rule of law and peace.

Zimbabwe can’t be open for anything without being open to its citizens’ concerns.

In order to dialogue, one’s tongue must be free to talk. The tongues of the nation are tied in jails and many others by fear. This must end.

We must repair our value system and moral fibre, to value human life.

We need morals revolution and values reset. Our laws mustn’t be abused.

Why should a right to demonstrate be followed by flowing rivers of blood and tears? We can’t claim to love God without loving his people.

Nelson Chamisa”

By Paul Nyathi|ZimEye.com readers have sent in yet to be confirmed reports that the government is tracking all citizens who turned to use Virtual Private Network (VPN) to access social media last week when government disconnected internet access in the country.

According to the readers, they have been receiving messages ordering them to report to the police and surrender their passports on charges of illegally accessing the internet when the government had disconnected them.

See the message below copied to ZimEye.com.

ZimEye.com is following up the issue for more details and is inviting anyone who has received a similar message to come forward and present it.

By Own Correspondent|Former Zimbabwe National Students Union who is also the current Southern Africa Students Union deputy president Alistar Pfunye has been picked up by security agents.

Pfunye, who according to sources was picked up around midnight (Tuesday) joins dozens of other youths and civilians arrested by the Emmerson Mnangagwa led administration following the #ShutdownZimbabwe protests.

Said activist Makomborero Haruzivishe:

“@edmnangagwa is calling for dialogue with civil society, is Chikurubi maximum prison the venue for national dialogue?”

By Own Correspondent| The Zimbabwe Human Rights Commission has condemned the excessive use of force by security details.

In a statement issued Tuesday, the Commission said it is unfortunate that last week’s disturbances have led to a number of deaths of civilians and a police
officer.

Said ZHRC:

Whilst the Commission’s investigations are still in progress some facts have since been verified. For example, a 22 year old young man, Tinashe Choto died as a result of
gun shots and was buried on Saturday 19 January 2019. A post mortem report read to family members by the authorities confirmed the cause of death as gun shots.

Eye witnesses confirmed that the young man was shot near Makoni Police station during a face-off between the protesters and law enforcement agents. This is what incensed the protesters leading to the attack of Makoni Police Station.

At least 8 deaths have been reported to the Commission and mostly attributed to use of live ammunition. Whilst the police officers in charge were not forthcoming with their side of the story, the verified facts raise a lot of questions around the crowd control capacity of the law enforcement agents.

They seem to resort to use of brute, excessive and disproportionate force in most circumstances thereby causing avoidable loss of life and also worsening the situation.

Below is the full text of the report by the ZHRC:

By Own Correspondent| The Zimbabwe Environmental Lawyers Association has raised the flag over the conduct of members of the security forces who are on a rampage intimidating and threatening citizens.

The organisation reports that the Chairperson of the ARDA Transau Relocation Development Trust, Donald Masvaure was threatened with unspecified action by members of the security forces who told him to stop mobilizing the community to seek legal redress in a pending court case.

Said ZELA in a statement:

The Zimbabwe Environmental Law Association (ZELA) is saddened by the reports of events that occurred at around 22:00hrs on the 21st January in ARDA Transau.

ZELA received disturbing reports that on the said night, a group of men who identified themselves as members of the security forces intimidated and threatened the Chairperson of the ARDA Transau Relocation Development Trust, Donald Masvaure, at his place of residence with unspecified action should he continue to mobilize the community to seek legal redress in a pending court case.

The threats and intimidation came at a time when the Trustees of the ARDA Transau Relocation Development Trust, led by Masvaure were planning on convening a meeting to update the community on the progress of their case set down for hearing at the Mutare High Court on the 24th January 2019 before Justice Mwayera.

The residents are being represented by lawyers who have been instructed by ZELA. In the said case, the Trust is seeking an order compelling the Minister of Local Government, Public Works and National Housing to furnish it with the records and all documents pertaining to the relocation of the residents of ARDA Transau from Chiadzwa.

It also seeks an order compelling the same Minister to furnish information relating to the tenure system to be given to the relocated residents.

The Trust and the residents as a whole have a constitutional right to access the requested information guaranteed by the section 62 of the Constitution of Zimbabwe. Accordingly, the court will be persuaded on the 24th of January to make a finding that the Attorney General neglected his duties and obligation to promote, protect and uphold the Constitution and defend the public as provided for in section 114(4) of the Constitution by failing to advise the Minister of Local Government and Public Works and National Housing.

ZELA categorically condemns these unlawfully actions aimed at stopping or discouraging communities to assert their rights through the courts.

It is worth noting that the residents as represented by the Trust have the right to access the courts in Zimbabwe as enshrined in section 69(3) of the Constitution. The realisation of this right should not be discouraged through unlawful and forceful means. The threats and intimidation have no place in a constitutional democracy like Zimbabwe.

ZELA calls upon the Zimbabwe Republic Police to investigate the incident, identify the culprits and bring them to book in line with their constitutional mandate as provided for in section 219 of the Constitution of Zimbabwe.

Furthermore, ZELA is concerned about the security and safety of the residents of ARDA Transau and is appealing to all the relevant authorities to give all the necessary support and protection in order to ensure that justice prevails.

By Own Correspondent|President Emmerson Mnangagwa has justified the fuel price increases which triggered last week’s protest arguing that while the move may not be popular, it was the right thing to do.

Mnangagwa said this shortly after his arrival from his aborted 5 nations international trip. He added that while citizens had a right to protest, the protests should be peaceful which is not what transpired during #ShutdownZimbabwe.

Said Mnangagwa:

“I was aware that these measures may not be popular, and this was not a decision we took lightly. But it was the right thing to do. What followed was regrettable and tragic. Everyone has the right to protest, but this was not a peaceful protest.

Wanton violence and cynical destruction; looting police stations, stealing guns and uniforms; incitement and threats of violence, this is not the Zimbabwean way.”

By Own Correspondent| Zimbabwe Youth Alliance chairman Kumbirai Learnmore Magorimbo was abducted and brutally tortured by state agents before being thrown into Chikurubi maximum prison, ZimEye has learnt.

Magorimbo joins several other civil society leaders, opposition members and civilians who have borne the brunt of state sponsored violence and incarceration following last week’s protests over the deteriorating economic situation in the country triggered by the fuel price increases.

State security minister Owen Ncube is on record attributing the violence and “acts of terror” which rocked the nation to opposition stalwarts accusing them of working in carhoots with civil society organisations.

Ncube said government treated the protests against fuel price increases and the violence and looting which ensured thereafter as treason.

Unconfirmed reports by civic organisations allege that over 12 people have died since day 1 of the #ShutdownZimbabwe protest but government confirms that only 5 people died.

State security agents on the other hand have since the protests been abducting and torturing opposition, civil society leaders and civilians some in the dead of the night and throwing them behind bars in a development which replicates the former president Robert Mugabe era.

Following his arrival from his aborted international trip, President Emmerson Mnangagwa appreciated the “calm and peace” in the country ignoring reports of the gross human rights violations against citizens by security agents.

He promised that investigations will be conducted regarding what transpired in the country during his absence and “heads will roll” in a development which has been described by analysts as mere rhetoric considering the presence and continued abduction, torture and incarceration of opposition supporters, civil society leaders and civilians at the hands of state security agents.

By Own Correspondent|Deputy Minister of Defence and War Veterans Welfare, Cde Victor Matemadanda has revealed that the government is working on a massive funding project for war veterans.

The project, aims to compliment artisanal miners’ mining activities and empower the liberation fighters.

The development comes amid revelations that the Ministry of Defence and War Veterans Welfare in collaboration with the National Business Council of Zimbabwe have also embarked on a programme to create a national database of freedom fighters whose main objective is to assist them venture into empowerment projects.

Chief among the projects, which Deputy Minister Matemadanda presented to the veterans of the struggle leadership in Harare, was a gold mining project which will see freedom fighters funded to venture into massive production of the yellow metal to boost reserves.

“The war veterans will go under training to come up with viable entities in gold production, agriculture and other sectors of the economy through the assistance of the National Business Council of Zimbabwe.”

The programme to empower the war veterans will see the National Business Council of Zimbabwe embarking on a countrywide census to identify and register the freedom fighters who will benefit under the new War Veterans Fund.-StateMedia

Paul Nyathi|PRESIDENT Emmerson Mnangagwa has appointed Mr Kumbirai Hodzi who came a distant seventh in public interviews as the country’s substantive Prosecutor-General, against ten other prominent lawyers who had applied for the position.

Mnangagwa is set to swear in Hodzi as Zimbabwe’s substantive Prosecutor-General at State House on Wednesday morning.
 
Hodzi, has been serving as Acting PG for almost a year.

ZimEye.com can confirm that Hodzi came 7th during the public interviews held by the Judicial Service Commission (JSC) in November last year.

The JSC submitted the names of the top three performers to Mnangagwa for consideration as required by the Constitution.

Former principal law officer Calvin Mantsebo came first with former student activist Tinomudaishe Chinyoka and president of the Law Society of Zimbabwe Misheck Hogwe coming second and third respectively.

Permanent secretary in the Ministry of Justice, Legal and Parliamentary Affairs Virginia Mabiza confirmed to local media that Mnangagwa had asked for new names after the three were presented claiming that they all did not meet his expectations.

There were reports by some sections of the media that the names of the top three performers in the public interviews held last year were rejected by Mnangagwa as Secretary for Justice, Legal and Parliamentary Affairs Virginia Mabiza preferred Hodzi. 

The sources said Mnangagwa ruled out Mantsebo on the basis that very little was known about him, while Chinyoka was discredited for his previous association with the opposition MDC.

Mnangagwa’s reservations about Mantsebo and Chinyoka effectively meant Hogwe would be the automatic choice, but influential senior officials from the Justice ministry opposed his appointment.

Included on the original shortlist was former MDC legislator Ms Jessie Majome, former High Court Judge Mr Maphios Cheda, Acting Prosecutor-General Mr Kumbirai Hodzi and Bulawayo lawyer Mr Tavengwa Hara.

Initial speculation was high that Jessie Majome would land the post.

Other shortlisted candidates are former deputy prosecutor general Mrs Florence Ziyambi, lawyers Mrs Wendy Mangeya, Edmund Edios Marondedza and Ms Noria Mashumba.

The post fell vacant following the suspension and subsequent resignation of Advocate Ray Goba in July last year.

Mr Hodzi has been Acting PG since July 24 last year. He had been Deputy Attorney-General in charge of the Legal Advice Section since 2012.

Exiled former cabinet minister, Professor Jonathan Moyo has assured people that his relationship with Zanu PF ended with the November 2017 military coup that displaces long time ruler President Robert Mugabe with his long time ally Emmerson Mnangagwa.

Posting on his Twitter account this evening, Moyo said he regrets ever joining Zanu PF to change it and will never return to the party led by the people who led the brutal murder of his father in 1983.

“I tell my father I regret I understood better after the damage had been done that by joining ZanuPF to change it; I risked having ZanuPF changing me. I assure him I’m done with ZanuPF & that my family will disown me if I ever again rejoin it in any disguise, shape or form,” said Moyo.

Since his dismissal from Zanu PF, Moyo has become one of the fiercest critics of President Emmerson Mnangagwa whom he accused of masterminding the gukurahundi atrocities in Midlands and Matebeleland in the early 80s

By Own Correspondent| Opposition MDC Councillor Charles Ngwena in Marondera central, has just been picked up by soldiers from his home, ZimEye has learnt.

In a news alert issued recently, the MDC information department said Ngwena was taken by soldiers from his home but did not disclose further details regarding the exact time that he was taken.

Said the opposition MDC in a news alert:

News Alert: Councillor Charles Ngwena of Ward 4 in Marondera central, has just been picked up by soldiers from his home.

By Own Correspondent|Opposition MDC has called for an immediate end to the terror and insecurity which has engulfed the country following the unleashing of violence against members of the opposition, civil society leaders and citizens following the #ShutdownZimbabwe.

The party said going forward, the country’s leaders should prioritise sincerity, honesty and compassion for those that they lead calling for the release of political prisoners.

Said MDC in a statement:

We continue to mourn our lost relatives and empathise with the wounded and displaced fellow citizens. Our solution to the crisis requires sincerity, honesty and compassion for those we lead.

It is not about lofty words or wordplay unsupported by conduct on the ground. We have long offered a hand to resolve our national challenges. Regrettably this hand has been spurned and mocked.

It is sad that some seem to have reluctantly come to this realisation following the loss of lives. It does not have to be that way, but such is the price of arrogance.

When people die, we come together and mourn together. We console the bereaved and show compassion. Leaders console comfort and apologise for wrongs that they have done.

It is not the time for a catalogue of excuses, explanations or justifications. We must show respect to Zimbabweans

Going forward, we must correct wrongs now. We call for an immediate end to the crackdown and terror that has induced insecurity across the country.

We call for the unconditional release of all prisoners of conscience and political detainees whose rights continue to be violated.

No nation can make progress without the rule of law and peace. Zimbabwe cannot be open for anything without being open to its citizens’ concerns.

In order to dialogue, one’s tongue must be free to talk. The tongues of the nation are tied in jails and many others by fear. This must end.

We must repair our value system and moral fibre, to value human life. We need morals revolution and values reset. Our laws must not be abused.

Why should a right to demonstrate be followed by flowing rivers of blood and tears? We cannot claim to love God without loving HIS people!

VIDEO LOADING BELOW

THE opposition MDC will today hold an urgent caucus meeting at the party headquarters in Harare to discuss the arrests of several of their legislators over the weekend and persecution of several others who have now gone into hiding after being accused of orchestrating last week’s countrywide stayaway.

Several legislators, including leader of the opposition in the National Assembly Tabitha Khumalo, Godfrey Sithole (Chitungwiza North), Job Sikhala (Zengeza West), Maxwell Mavhunga (Chitungwiza South), Chalton Hwende (Kuwadzana East), Happymore Chidziva (Highfield West), Joana Mamombe (Harare West) and Mashonaland West Senator Voice Chinake, are in hiding.

MDC chief whip in the National Assembly, Prosper Mutseyami, yesterday said that the Morgan Richard Tsvangirai House meeting today would tackle issues to do with victimisation of their members, whom he said were being brutalised, tortured and refused treatment.

“Tomorrow [today], we will hold a party caucus for MDC Alliance MPs at Harvest House in Harare, with the view of discussing their victimisation because it is not fair,” Mutseyami said.

“The agenda is to get details from the MPs of what they have gone through and the trauma that they have experienced, as well as what their fellow constituents have also gone through because our members were not involved in organising the demonstrations.”

This came as the United Nations called for a peaceful resolution to the current challenges in the country.

“The United Nations strongly believes that the current challenges in the country can only be resolved through peaceful and consultative processes,” the UN said in a statement last night.

“In line with Zimbabwe’s commitment to the 2030 Agenda for Sustainable Development, upholding rule of law and ensuring the protection of human rights of all Zimbabweans at all times is critical for accelerated economic recovery, inclusive growth and sustainable development.”

Labour and civil rights organisations called for the stayaway when President Emmerson Mnangagwa raised fuel prices by nearly 150% nearly two weeks ago, which turned violent when government reacted by unleashing the armed soldiers and police on civilians throughout the country.

The State also blocked the Internet to prevent the brutal crackdown being broadcast to the world, in what analysts say is evidence that the country is slipping back into authoritarian rule.

Several opposition MPs and labour officials have been arrested, while others have gone into hiding to escape the clampdown, with lawyers and human rights groups saying at least 12 people were killed and 78 others treated for bullet wounds during the protests.

Mutseyami said the meeting would discuss several issues affecting the country, and thereafter, a statement would be issued pertaining to what the MDC MPs would have discussed as the way forward.

He said the MPs that have been arrested so far included Amos Chibaya (Mkoba), Settlement Chikwinya (Mbizo), Winnie Kankuni (Sunningdale), Lloyd Mukapiko (Redcliff), Rusty Markham (Harare North) and Livingston Chimina (Chiwundura).

“Those that have been arrested are going through trauma and have no access to food or hospitals. Our caucus meeting will map the way forward and thereafter, we will issue a Press statement. We appeal to our legislators to try to make it to Harare,” Mutseyami said.

“The relatives of those MPs that are in hiding have also suffered a lot, with their mothers, fathers, sisters and brothers being tortured to force them to disclose their whereabouts. We are under siege as MDC Alliance members, although these demonstrations were not organised by us.

“But we are genuinely with the people and send our condolences to families of those that were killed during the demonstrations. We are terribly sorry for the unjustified deaths because loss of life is the worst thing that can happen in a democracy.”

Government and the Zanu PF party have sought to pin the violence on the opposition party, despite several of its officials, a senior army and police officer being arrested for burning buses, looting, violence and leading the protests.

“These arrests are a clear clampdown on our party for no reason. It is problematic because one of our top members [Chibaya] has been arrested and we do not know how far to the top [echelons of the party] they want to go because, clearly, they are determined to extinguish the party,” MDC spokesperson Jacob Mafume said.

“It is clear that this is a strategy to just weaken the MDC,” he said, adding that they would then force them into a false interparty dialogue. The issue in Zimbabwe has nothing to do with MDC, but they are conveniently roping in the MDC because they are so scared of the MDC, they are so afraid of MDC and they literally see the MDC in everything.

“There is persecution, which is in violation of the fundamental rights of the Constitution. They have arrested over 800 people from the structures and in some cases, it’s not even the police, it’s Zanu PF activists literally leading police officers to say go and arrest there, yet it’s common cause that the people who reigned terror in Harare included Zanu PF youths.”

Khumalo yesterday petitioned Speaker Advocate Jacob Mudenda expressing her concern over persecution of MDC Alliance legislators by State security agents.

“I write this letter as the leader of the main opposition in the Parliament of Zimbabwe to express my disappointment and concern over the wanton and unwarranted arrests and persecution of MDC Alliance Members of Parliament by various State agents … our legislators have been arrested on trumped-up charges and a number of them are being hunted and victimised for their MDC membership,” she wrote.

Permanent Secretary in the Ministry of Information, Media and Broadcasting Services has appeared to diss vice President Constantino Chiwenga for failing to deal with what he termed “indiscipline” while posting on Twitter celebrating the return of President Emmerson Mnangagwa from his four nation visit.

Posting on Twitter last night, Mangwana welcomed the return of Mnangagwa saying he will encourage peace and unity.

“The return of HE tonight is welcome news. We know his message will be about peace, unity and that in Zimbabwe we are one family. Brother shouldn’t fight bro. The Zimbabwean say is illustrated by hie we treat each other. HE hates in discipline and will firmly deal with it,” tweeted Mangwana.

He said Mnangagwa hates indiscipline and will firmly deal with it, in what appears to be pointers to the factionalism that has returned to Zanu PF.

During Mnangagwa’s absence, there were reports of cracks in Zanu PF with Gokwe Nembudziya legislator Justice Mayor Wadyajena and former Harare East MP Terrence Mukupe revealing that there was a plot within Zanu PF to impeach Mnangagwa.