Flamboyant businessman Genius Kadungure who is popularly known as Ginimbi is now a free man.

Kadungure was found not guilty in a matter in which he was accused of having duped ZANU PF legislator, Dexter Nduna and Kadoma businessmen Enock and Avon Gatatwa of more than $1 million in a botched mining equipment supply deal.

Harare magistrate Morgan Nemadire ruled that there is nothing linking the flamboyant socialite to the alleged offence and the State failed to prove the case beyond reasonable doubt.

“At law essential elements of fraud is that misrepresentation is made in order to deceive and deprive resulting in prejudice or loss of money to the victim but in this case no deceiving and no prejudice was suffered by the victims pointing to the accused person.

“In fact the prosecution appears to be a failed fish which the state undertook some fishing expeditions when they hauled the accused person and his former co-accused person to court thinking that they will convict themselves in the way,” said the magistrate.

“In this case the person who did the transactions and misrepresented the victims is invisible with the name of one Mukonori and the money just vanished from the complainant’s bank account.

“Evidence presented before this case established the following facts, that the accused never talked to the complainant prior to the commission of the offence, he never made any misrepresentation,” said Nemadire.

“The accused was not involved in any of the rings in the cyber crime and there is no rational connection between him and the complainants and state’s case is like a fishing expedition,” ruled the magistrate before he acquitted Kadungure.

Kadungure landed in the dock after he allegedly influenced two Kadoma siblings Ivon and Enock Gatawa to enter into a mining equipment deal, pretending to be an official from Marange diamonds.

The Gatawa’s fell prey and deposited money into their South African bank account to purchase the required goods through a company allegedly owned by Kadungure.

The company did not buy any equipment but instead delivered four cellphone chargers.

It was alleged that the stolen money was traced back to Kadungure who had used the money to purchase gas.

Kadungure then engaged the Gatawas and paid back some of the money.

The businessman proved that he acted in such a way to avoid bad publicity.

“Haste actions by the accused does not conclude that he committed the offence.

“It is possible that the accused felt bad about unknowingly purchasing gas using stolen money. That sounds possible,” the court ruled.

The magistrate also said it was possible that fraudsters could have manipulated an opportunity that Kadungure  was a frequent buyer in South Africa since it was not his email address which was used to mislead the complainants.

Kadungure was acquitted after a full trial.

His accomplice Wicknell Chivayo also walked out of court a free man at the close of the State case.

Court ruled that nothing linked him to the offence and there was no mention of his involvement by the complainants.

Ephraim Zinyandu appeared for the state.

-Mail and Telegraph

Terrence Mawawa|Winston Chitando is not fit to be a Minister, business and Information Technology expert Ms Miriam Mutizwa has said.

Ms Mutizwa, of late has been digging deeper into the facts and circumstances of the SMM Holdings Limited (SMM) saga and she is now convinced that from what she has been able to establish so far, the inescapable conclusion that she has reached is that Hon Chitando is a liar, and, therefore, not fit to be a Minister or part of an orchestrated scheme to deliberately keeping the truth away from the public.

“Initially, I was tempted to believe that the SMM saga was limited to a dispute, albeit personal, between the then former Minister of Justice, Hon Chinamasa, and the ultimate shareholder of SMM, Mr. Mutumwa Mawere.

However, the more I attempted to establish a simple fact relating to the status of SMM, the more it is becoming clearer that there is something amiss in this whole saga and the truth is clearly the victim. According to Hon. Chitando, SMM is owed by the Zimbabwe Mining Development Corporation (ZMDC) and, therefore, it can no longer be a company under reconstruction.

However, in terms of a finding by Mangota J in a dispute that Mr. Mawere had applied to Court seeking a declaratory order that SMM was a reconstructed company pursuant to the averments made by Hon Chitando’s predecessor, Hon Walter Chidhakwa, in both the House of Parliament and the Senate, to the effect that SMM was in truth and fact, a subsidiary of ZMDC, the Learned Judge ruled that SMM is a company still under reconstruction as set out more fully below,” said Ms. Mutizwa.

“It is clear from the above that according to the Learned Judge, SMM’s status remains as it was established by the then Minister of Justice through the Government Gazette of 6 September 2004.

This finding precludes the existence of an alternative narrative that is now been peddled by Hon. Chitando as fact.

In terms of Mangota J’s ruling, the only way SMM’s pre-reconstruction shareholding can be altered or amended is when the provisions of s 35 of the Reconstruction of State Indebted Insolvent Companies Act 2005 (the Act) have been commenced and completed.

In the premises, it was the Learned Judge’s view that Minister of Mines has no jurisdiction, whatsoever in SMM matters as the correct Minister who should have been cited as a respondent is the Minister of Justice.

I cannot, therefore, find any legal and constitutional basis on which Hon. Chitando derives his purported legal authority in respect of SMM.

The crux of Hon. Chitando’s submission to the Court in 2014 or 10 years after the placement of SMM under the control of the Administrator appointed by the Minister of Mines was that the Applicants, including Mr. Mawere, had cited him incorrectly he had no legal jurisdiction over SMM at all.

Against the above backdrop, it is incredulous that the Minister of Finance, Professor Mthuli Ncube, in his 2019 budget speech boldly referred to SMM as a subsidiary of ZMDC. This can only mean one thing that both Hon Chitando and Ncube are contemptuous of Mangote’s finding to the effect that SMM is a company under reconstruction.

If my reading is correct that the ownership status of SMM has not changed from its pre-reconstruction era, then surely Hon. Chitando falsely and wittingly misled both the Parliament and the public on this issue and, therefore, he is putting President Mnangagwa’s administration into serious disrepute,” observed Ms. Mutizwa.

Below is an extract of an exchange between Hon Chitando and the former Chairman of the Portfolio Committee on Mines and Mining Development, Dr. Daniel Shumba, in parliament:

The above statements were made on 11 January 2018 in Parliament. In addition, an extract of an interview that Hon. Chitando had with a journalist at Shabanie Mine in April is presented below:Mr Stanley Dube, the Station Manager of the www.the1873fm.com radio had this to say: “Here the Minister in his own words speaks on behalf of SMM contrary to the position that his predecessor held that he had no authority to represent or act on behalf of a company that he accepted was still under the jurisdiction of the Minister of Mines.

He talks of restoring SMM to its former glory. However, in response to the journalist’s question about the ownership issue, Hon Chitando states as true and fact that: “The ownership issues of SMM are very clear. SMM is part of ZMDC. It is owned by ZMDC. There have been a number of legal processes which have all been completed and indicate that SMM is part of ZMDC. The shares are held by ZMDC.”

However, when confronted with the question of the shares purportedly allotted to a company called SMMH (UK) that allegedly now holds only 26% of the SMM’s issued share capital, he then grudgingly conceded that there is another shareholder.”

Terrence Mawawa|Yesterday was an important day that saw thousands of Zimbabweans led by the MDC Alliance marching in Harare calling for the establishment of a National Transitional Authority (NTA) to steer the country back to legitimacy, however, Ms. Miriam Mutizwa, an activist believes in pushing for the restoration of the rule of law in her motherland and she asks whether it is time for the NTA or for the Rule of Rule to reign supreme?

A petition was presented to the Speaker of Parliament, Hon Jacob Mudenda, and was copied to the Southern African Development Community (SADC) Chairperson, H.E. Hage Geingob of Namibia, the African Union Chairperson (AU) Paul Kagame and President Mnangagwa in his capacity as the President of ZANU-PF.

Mr. Elvis Mugari, the Founder and President of the Combined Restitution Association for Zimbabwean Youths, said that: “It is ironic that the petition is premised on an allegation that President Mnangagwa is not legitimate notwithstanding the fact that all legal and constitutional remedies were exhausted before he took the oath of office.

The 2018 elections are over yet the driving force behind the demonstration seems to be premised on an injury that should have been cured by the Constitutional Court’s ruling.

It is not a secret that the outcome of the 2018 elections does not seat well with many of us. However, being a member of the Friends of SMM (FOSMM) has opened my eyes that instead of focusing on pathways to political office, an urgent investment needs to be made that focuses on active citizenship and the promotion, protection and upholding the rule of law.

I have noted that the constitutional immorality that was characteristic of the First Republic is very much alive in the Second Republic.

The real test of legitimacy has necessarily to be founded on the rule of law test. If we can establish as we have now done that the constitutional mischief is pervasive, then surely any rational President would soon know that he is not fit for purpose.

At this stage, we have managed to expose the fact that the Attorney General, Mr. Prince Machaya, is not the correct person to discharge the duties prescribed in the Constitution.

The mere fact that he would have no problem in publicly pronouncing that a law that divests shareholders and directors of their rights and freedoms is constitutionally sound and get away with this rubbish, suggests that we need to put our eyes on the right price rather than seeking to reverse the clock that has already seen a President being inaugurated.”

Ms. Mutizwa echoed Mr. Mugari’s sentiments by saying: “I also noted that the petition was also directed to SADC and the AU, both institutions that have already recognized the legitimacy of President Mnangagwa. It would be futile to assert an argument that has already been overtaken by events.

We need to subject President Mnangagwa and his administration to the constitutionalism and rule of law tests not because we dispute his legitimacy based on the electoral results but we have serious, legitimate and grave concerns about his attitude in respect of the supremacy of the constitution.

As citizens, we have often deferred to political actors to look after our interests but the reality is that many of them are in politics for egotistic reasons.

Indeed we all many not agree with MSNBC anchor, Chris Matthews, who said that contemporary Zimbabwe resembles a “tribal” form of politics where all the opposition does is say that people who win elections are crooked, that everything’s rigged, everything — nothing’s on the level, there’s no such thing as objective truth, everything is tribal, our side is always right, your side’s always wrong,” but the reality of confirms some truths in this.

It would be great to have the same people who challenge legitimacy of the President to join us in the struggle to protect the rule of law that seems to be the greatest victim of all.

From what I now know, I am gravely concerned that as long as we seek to play the man, we all will suffer because a game of musical chairs will never cure the problem.

I am reminded by someone who said that the absence of the rule of law, will always be poverty, unemployment and inequality.

History of human civilization has shown that no person, however, gifted in thought and deed, will ever deliver the change that we have been waiting for the last 38 years.

We have to wake up to the fact that change that we seek has to start with the provocation of anger at the individual citizen level and not by changing the people in statehouses.”

Own Correspondent|THE wife of a missing retired member of the Zimbabwe National Army (ZNA) on Wednesday withdrew an application she filed early this week seeking an order compelling Zimbabwean authorities to account for the whereabouts of her husband after he managed to escape from his assailants.

Piki’s wife Sibongile Sarukato had on Monday filed an urgent habeas corpus application on behalf of her husband Retired Lieutenant Colonel Elliot Piki seeking an order compelling the State to do all things necessary to determine his whereabouts after he was abducted by some unknown assailants on Sunday.

Sarukato, who was represented by Jeremiah Bamu and Obey Shava of Mbidzo Muchadehama and Makoni Legal Practitioners, who are members of Zimbabwe Lawyers for Human Rights (ZLHR), asked the High Court to order the setting up of a team of investigators, to work closely and in conjunction with lawyers appointed by ZLHR to search for Retired Lieutenant Colonel Piki at all places within Zimbabwe as may be reasonably practical, and report on such search to the Registrar of the High Court, on every alternate Friday.

She also wanted the respondents, who included Home Affairs and Cultural Heritage Minister, Defence and War Veterans Minister, State Security Minister, Zimbabwe Republic Police (ZRP) Commissioner-General and the Director-General of the Central Intelligence Organisation to be ordered to inquire from, and where necessary obtain any such information as may be necessary for the investigations from mobile service operators to try and locate Retired Lieutenant Colonel Piki through tracing the mobile numbers that were on his person at the time of his abduction as may be provided by his family.

But on Wednesday, Sarukato withdrew the application which had been set to be heard by High Court Judge Justice Sylvia Chirawu as the remedy that she was seeking had since been overtaken by events after Piki managed to escape from his abductors somewhere around Mazowe area, Mashonaland Central province and returned to safety.

Soon after his return to Harare on Tuesday, Piki sought audience with the Commission of Inquiry to go ahead with giving his testimony. However, his request was declined with the officers of the Kgalema Mothlanthe-led probe team indicating that they had completed hearing evidence from all witnesses.

Source: ZLHR

Businessman Genius Kadungure (pictured) has been acquitted after a full trial over an alleged R1.5 million swindle.

Prosecutors had failed to prove their charge of fraud, magistrate Morgen Nemadire ruled on Friday.

Nightclub owner Kadungure had originally been charged with tender businessman Wicknell Chivayo, who was acquitted in the middle of the trial for lack of evidence linking him to the crime.

Nemadire, dismissing the charges, said Kadungure had never directly talked to the two complainants, Chegutu West MP Dexter Nduna and Evon Gatawa, a miner from Kadoma.

“The victims did not act on any misrepresentation by the accused person. The misrepresentation was made by this C. Mukonori of Marange Diamonds. Kadungure was not involved in any of the rings forming this cyber-crime. Evidence is such in a way that the accused is not in any way connected to the offence,” Nemadire said, reading his judgment.

It was the prosecution’s case that sometime in November 2012, Chivayo and Kadungure connived and created a fictitious company called Transco Civil Engineering (Transco) renting computing space at Hetzner (Pvt) Ltd in South Africa. They opened an ABSA bank account in the name of the company.

They allegedly opened an email account [email protected] purporting to be from the procurement of Marange Diamonds, a diamond mining company.

Chivayo and Kadungure, acting in connivance, then allegedly contacted Gatawa, the managing director of Even Mine and Milling Centre in Kadoma and misrepresented that they were buyers at Marange Diamonds – an actual diamond mining company – and were looking for mining pumps.

They allegedly gave Gatawa an order to supply 10 T-90 Transco-Flo Helical Rotor pumps and referred him to Transco, knowing that it was a fictitious company created to carry out a scam.

Gatawa then sent his younger brother, Enock, to deposit R446,900 into the ABSA account on December 4, 2012. A further R600,000 was deposited later the same day in two instalments.

After transferring the money, Gatawa contacted Transco and was told to return to Zimbabwe and wait for delivery of the pumps from DHL within three days. Gatawa got a parcel that had cellphone chargers instead and realised that they had been swindled.

Kadungure, the court heard, used R500,000 to buy gas from Reatile Gas in South Africa and another R500,000 was transferred to Edward Teka’s bank account. Teka, said prosecutors, stated that the money was later withdrawn and handed over to Chivayo and Kadungure.

The total prejudice to Gatawa was R1,046,890.

The two men faced a second count of defrauding Chegutu West MP Dexter Nduna of R535,000 using the same modus operandi.

Magistrate Nemadire said it had been proven that Kadungure received R500,000 of the swindled amount – but he was satisfied that the 34-year-old had no idea it was the proceeds of crime.

The trial heard that Kadungure had paid back $50,000 to Gatawa – but his lawyer argued this was only to protect his reputation after he was linked to fraud. Kadungure had borrowed money from Chivayo and it was the latter who sent him the dirty money, his lawyers argued.

“It is possible that the accused felt bad about using money which belonged to another person to purchase gas and decided to pay back. That sounds possible,” the magistrate said.

“It is possible he was concerned about protecting his reputation by engaging Gatawa and paying back. This court can’t say the State proved its case beyond reasonable doubt. Its case was a fishing expedition. To call the accused a fraudster is next to zero,” Nemadire added.

Kadungure and Chivayo face unrelated legal woes of fraud and money laundering.

THE Commission of Inquiry into the post-election violence of August 1 that claimed six lives in Harare will have its report, public by tomorrow.

John Masuku, the commission spokesperson, confirmed the development, saying copies of the full report had gone for printing and would be presented to Mnangagwa and the public tomorrow.

“Today, the commission presented to the President what we call an executive summary, while the complete report will be presented this Saturday,” Masuku said.

“In short, what I am saying is that, yes, the report is complete, but we have sent it to government printers for printing and binding, and it shall be presented to the President and public this Saturday.”

The commission, which is chaired by former South African President Kgalema Motlanthe, began the hearings in Harare on October 16 and heard testimonies from security officials, including the Zimbabwe Defence Forces commander, Valerio Sibanda; the Presidential Guard and National Reaction Force tactical commander Brigadier-General Anselem Nhamo Sanyatwe; Police Commissioner-General Godwin Matanga and Officer Commanding Harare province, Chief Superintendent Albert Ncube.

Among political figures, opposition leader Nelson Chamisa testified on Monday, along with the MDC deputy national chairperson Tendai Biti, while former Home Affairs minister and Zanu PF secretary for administration Obert Mpofu testified on the final day.

Former Zanu PF Harare provincial youth leader Jim Kunaka testified last week. The committee also heard testimonies in Bulawayo, Mutare and Gweru.

The commission completed its work in under two months, despite being given a three-month deadline to conduct public hearings and report back to Mnangagwa, who set up the seven-member commission at the end of August.

Mnangagwa and his deputy Constantino Chiwenga, whose names repeatedly surfaced in the hearings as the principals who ordered soldiers who allegedly killed the six civilians to quell the protests, were not summoned to testify.

Mpofu, in his submissions, claimed Mnangagwa authorised the deployment of soldiers to help the police which he claimed had been overpowered by the protesters. He claimed there was correspondence to the effect and theorised that unknown elements had posted snipers on the roof to shoot at civilians as part of a smear campaign against government.

In his testimony, Matanga also claimed he had a letter of authority from Mnangagwa to use the military.

However, Chief Superintendent Ncube said members of the military were deployed illegally and violated provisions of the Public Order and Security Act (Posa).

He said although he was the one who had requested for reinforcements, he only got to know that his request had been granted when he heard gunshots in Harare’s central business district.

“I did not know that soldiers were in town by the time they were deployed. I only heard gunshots and on asking my officers on the ground, I then learnt that soldiers were on the ground and that they were shooting,” he said.

Under Posa, any member of the army deployed upon police request was supposed to report to police commanders first and operate under their orders, but this did not happen in this case, and he was unaware of who was commanding the troops.

Sanyatwe told the commission that the soldiers were taking orders from him, in violation of the law.

Chamisa asked the commission to focus its energy on who had deployed the soldiers, who he claimed were behind the shootings, supporting his arguments by video footage.

Biti called into question the credibility of some of the commissioners and queried Mnangagwa’s moral right to appoint the commission.

Kunaka also questioned the presence of Charity Manyeruke, a known Zanu PF official who he claimed was previously behind some of the violence against opposition figures.

This is not the first time the government has appointed a commission of inquiry. The Chihambakwe Commission of Inquiry was set by government as a truth commission to investigate the disturbances that rocked the Matabeleland and Midlands regions between 1983 and 1984.

The disturbances, now known as Gukurahundi, claimed about 20 000 people after then Prime Minister Robert Mugabe deployed the North Korean-trained Fifth Brigade to quash an insurgency. However, the report from the enquiry was never made public.

-Newsday

Intertoll Zimbabwe, a company contracted to collect toll fees on behalf of the Zimbabwe National Road Administration (Zinara) from the nine tollgates it operates on the rehabilitated Plumtree-Mutare highway, transferred more than 72 employees in the past two months, in a move aimed at curbing illicit activities.

Intertoll Zimbabwe is the local unit of Intertoll Africa, a subsidiary of South African engineering firm, Group Five.

Group Five rehabilitated the 800km highway under a $206 million loan from the Development Bank of South Africa.

Sources confirmed the development and said some of the employees were not happy with the transfers and were alleging that they were being forced to stay in hotels with the bills being charged on Zinara’s account.

One of the employees, who preferred anonymity, who was recently transferred alleged that the process required them to stay in hotels before they found their own accommodation.

“The process requires employees to stay in hotels during the relocation period,” said the employee.

“According to the Group Five transfer policy, employees and their spouses are entitled to three nights in a hotel in order to have a look at their new stations, four nights for the purpose of looking for accommodation and seven nights with their whole families on actual relocation.

“Transport cost for relocation is also met by the employer.

“About 72 employees were transferred in the last two months and it cost about $500 000 for hotel bills, another $500 000 in relocation allowances, $350 000 for travel and subsistence allowances and $70 000 to move properties by Stuttafords Removals. The total cost plus two percent was charged to Zinara.”

Another employee who was transferred from Rusape to Kadoma alleged that he was booked at a lodge in Kadoma with his family.

Some of the workers complained that the whole process was frustrating since there was nothing new to learn at places they were being transferred to.

“Some of my colleagues had to move with their school-going children because they cannot leave them alone and they could not be enrolled at some of the schools,” the employee said.

“The company refused to meet the costs of uniforms and school fees saying that they had given us relocation allowances.”

The employees said they had been trying to air their grievances to the company’s senior officials, but to no avail.

In 2016, legislators heard that the entire staff complement of about 25 people manning a toll plaza in Mutare were suspended for stealing toll fees, in a scam that could have been happening at other toll sites.

Last year, Intertoll Zimbabwe had collected $56 million from the nine tollgates it operates on the rehabilitated Plumtree-Mutare Highway on behalf of Zinara over the past four years.

State Media

A Mutoko prosecutor is being sued for adultery after having a child with a married businessman.

Ms Violet Gandashanga, a prosecutor at Mutoko Magistrates’ Court, was last week slapped with a $30 000 adultery suit by the businessman’s wife.

She allegedly had an affair with Mutoko businessman Mr Leonard Gorejena despite the man being in a civil marriage with Ms Rejoice Dzimwasha.

Ms Dzimwasha, through Mugiya & Macharaga Law Chambers, issued summons for adultery against Ms Gandashanga, claiming damages amounting to $30 000 plus interest.

She is also seeking an order for costs of the suit. Mr Gorejena and Ms Dzimwasha, according to the summons, married under the Marriages Act, Chapter 5:11 in 2011.

Ms Gandashanga is said to have had an adulterous affair with Mr Gorejena in the face of a valid civil marriage.

“She started to engage into sexual intercourse with the plaintiff’s husband sometime in March 2017 that led to marital problems between plaintiff and her husband, the consequences of which plaintiff separated with her husband from April 2017 to June 2018,” reads the plaintiff’s declaration.

Ms Dzimwasha stated in her papers the adulterous relationship resulted in the birth of an “illegitimate child”.

It was also stated in the papers that Ms Gandashanga moved into the couple’s matrimonial house with the businessman after the separation.

“Defendant, who is a police officer and a public prosecutor, was aware that plaintiff was married to Leonard Gorejena and was confronted by the plaintiff to stop the adulterous relationship but persisted in her conduct and did not relent,” reads the declaration.

To that end, Ms Dzimwasha is seeking an order for costs on a higher scale.

Ms Dzimwasha wants $15 000 for loss of contumelia as a result of injury, hurt and indignity she suffered.

She also wants another $15 000 for loss of comfort, support, love and affection from her husband at the hands of Ms Gandashanga.

Ms Gandashanga is yet to respond to the adultery claim.

State Media

LEGISLATORS on Tuesday expressed concern over Zesa subsidiary, Zesa Enterprises (Zent)’s failure to repair broken down electricity transformers or replace stolen ones, resulting in some areas going for years without electricity.

MPs raised the issue of vandalism of transformers and lack of replacements or repair when Energy ministry secretary Gloria Magombo appeared before the Parliamentary Portfolio Committee on Energy to speak on the 2019 budgetary allocations to the ministry.

“Some funding has been allocated for transformers because we had about 1 600 transformers that had been vandalised, and currently, we are targeting that 4 000 should have been purchased by the end of the first quarter next year,” Magombo said.

“We have already gone to tender for an additional 2 000 transformers and Zent was going to manufacture the 2 000 transformers,” she said.

Magombo said Zent has the capacity to manufacture 450 transformers per month.

“While we are looking at installing 4 000 transformers, we actually need more than that because we are not looking at the needs for Zesa only, but rural electrification, farming and other communities that need transformers,” she said.

MPs alleged transformers were vandalised or stolen by people with the technical knowhow to dislodge them, particularly Zesa technicians, adding that the Energy ministry was not doing enough to protect its infrastructure like mobile operators whose security was tight.

“We train electricians, but unfortunately, some of them are criminals. We have to ensure there are stiffer penalties for vandalism of infrastructure which is 10 years by putting alarm systems. What we need to deal with is the mindset of our people that they cannot steal a transformer to sell it for $200 when it costs $10 000 to replace,” Magombo said.

She said foreign currency challenges hindered Zent from procuring materials to assemble transformers, but they had the capacity to manufacture them and even export to countries like Mozambique.

NewsDay

GOVERNMENT has abandoned talks with Chinese contractor Anhui Foreign Economic Construction Group Limited (AFECC) for the dualisation of the Beitbridge-Harare-Chirundu Highway, opting for local financing.

AFECC – the second highest bidder when the tender was floated in 2016 – was awarded the contract after government in April terminated its earlier agreement with Austrian firm Geiger International for the dualisation of the road over failure to provide proof of funding and delay in project implementation.

But according to the 2019 infrastructure investment plan, approved on November 22, the road, whose upgrade has been in the works for more than two decades, would now be financed through local resources.

“The total cost of implementing the project is estimated at $1,2 billion, to be funded through mobilisation of resources from issuance of an infrastructure bond guaranteed by government. Zinara (Zimbabwe National Road Administration) revenue streams and fiscal resources would be used to liquidate the bond on maturity,” the plan, drafted by the Finance ministry, read.

In 2019, government targets to mobilise $300 million through issuance of bonds, with Zinara also pouring funds into the road project.

“During 2019, an amount of $300 million will be disbursed to the project, comprising of $50 million in fiscal resources and $250 million proceeds raised through Zinara infrastructure bond,” part of the plan read.

The Beitbridge-Harare-Chirundu Highway facilitates regional trade and the movement of millions of people between Southern Africa and Central, East and North Africa, but the country has, however, failed to repair and upgrade most of its roads whose life-span dates back to the Rhodesian era.

A 2001 Southern African Development Community assessment of the road infrastructure in the region showed that a third of Zimbabwe’s road network was in a parlous state.

The Beitbridge-Chirundu Highway was singled out as one of the roads that urgently needed rehabilitation because of the key role it plays in the region.

However, Zimbabwe has neither carried out any major rehabilitation of the road nor dualised it, despite many public pronouncements and ground-breaking ceremonies.

The tender to dualise the highway, which has been on the drawing board for the past 16 years, was initially awarded in 2002 to ZimHighways — a consortium of local companies — but the company failed to implement the project for over a decade after hyperinflation rendered the local currency worthless.

When government cancelled the deal, the contractor sought recourse at the High Court before dropping the legal battle in 2013, paving way for the Geiger deal, which was finalised in 2016 after talks that dragged on for over four years.

The Development Bank of Southern Africa (DBSA) in 2013, which funded the construction of the Plumtree-Bulawayo-Harare-Mutare Highway, was willing to release about $1,1 billion for the Beitbridge-Chirundu Highway upgrade, given its strategic importance, but the Zimbabwe government was unwilling to award the tender to Group Five.

A report compiled after DBSA’s integrated investment proposals corporate credit committee meeting held on October 13, 2010 shows that the bank felt Zimbabwe’s roads should be given priority as they would benefit southern Africa.

Meanwhile, the government has also opened talks with the Diaspora Infrastructure Development Group for fresh funding of $216 million towards the rehabilitation of rolling stock, track, signalling and information technology systems for the National Railways of Zimbabwe.

NewsDay

Correspondent|THE Dean of St Mary and All Saints’ Cathedral, Harare, in Zimbabwe, the Very Revd Dr Farai Mutamiri, has been named as the next Bishop of Harare, to succeed the Rt Revd Chad Gandiya.

On Tuesday afternoon, the Anglican diocese of Harare, in the Church of the Province of Central Africa (CPCA), announced in a post on Twitter: “It is Dr Farai Mutamiri, Bishop-Elect for Anglican Diocese of Harare! Congratulations!”

Bishop Gandiya has been in office since 2009. Now aged 65, he is due to retire, although his tenure could have been extended by the Archbishop of Central Africa, the Most Revd Albert Chama, for another three years.

Dr Mutamiri was one of two candidates put forward for election by the electoral college of six clergy and six laity, which was facilitated by the Vicar General, Fr Wilfred Kanyemba. The second was Zimbabwe-born Canon Lameck Mutete, who is Rector of Tattenhall with Burwardsley and Handley, in Chester diocese.

The announcement ends months of speculation about a successor to Bishop Gandiya. Precious Shumba, a journalist who runs the Harare CPCA Facebook and Twitter accounts, said: “A lot of clergymen have been attempting to marginalise and exclude Mutamiri from major activities. They fought him as a dean of the cathedral, and they came up with an age restriction of a minimum 55 years for bishops.”

Mr Shumba said that the canons specify only that a candidate should be at least 30 years old. “The idea was to exclude and disqualify Mutamiri from being considered for the position of bishop,” he said.

Two weeks ago, when meeting members of the Zimbabwean Council of Churches (ZCC), including Bishop Gandiya, the Speaker of the National Assembly, Advocate Jacob Mudenda, referred to the Harare Anglican succession process.

“I am aware that when a bishop is about to retire, there is some jostling of succession. In some instances, in a church which I shall not mention, they even forget the Bible and go to n’angas [traditional healers] in order to get that position.

“Leadership wrangle does not give a cohesive stature of the Church; and yet we, the commoners, would look to the Church as the social conscience of good leadership, good service to the people, servant leadership, humility where we do not fight for positions, but walk the path of servant leadership.”

The Harare diocese was a victim of the divisive narrative followed by President Mugabe and his supporters in the later years of his rule. It split the Anglican Church in Zimbabwe between the internationally recognised CPCA, led by Bishop Gandiya, and a breakaway organisation led by the pro-ZANU PF Nolbert Kunonga, then Bishop of Harare, who was elected in 2003 over Bishop Gandiya.

Kunonga seized church property and threatened violence against clergy belonging to the CPCA. He was stripped of his holy orders in 2008, and, in 2012, the Supreme Court ruled that his group must surrender all the property it had acquired.

Another official post on Twitter this week was: “Dr Mutamiri was with us when the rebel Dr Nolbert Kunonga tormented the Anglican Church.”

On Wednesday morning, Mr Shumba said: “The laity is largely satisfied that the will of God prevailed against the will of conniving men hiding behind human qualifications. The bishop belongs to all, and Anglicans have to rally and pray for the success of his ministry.”

Neither Dr Mutamiri nor Canon Mutete was available for comment.

Own Correspondent|Former Cabinet Minister and ZANU PF Political Commissar, Saviour Kasukuwere also known by his moniker Tyson has insisted that he has no criminal case to answer to.

He made an application at the Harare Magistrate’s court for exception of charges on the basis that the charges against him do not constitute a criminal offence as he was ‘clearly’ carrying out his duties as a public official when he gave out land to the Former First Lady’s sister.

However, magistrate Hosea Mujaha dismissed his application on Thursday on basis that the State was holding on to something and the matter will proceed to trial.

Kasukuwere who is facing four charges of criminal abuse of office had made the application through his lawyer Thembinkosi Magwaliba, indicating that there was no criminal offence in giving land to Shuvai Gumbochuma, Grace Mugabe’s sister as there is no clear cut procedure that should be followed when giving land. He said the charges do not have the essential elements to constitute a criminal offence.

“The accused person did not do anything contrary to his duty as a public officer and there is nothing, no reference in the charge sheet or state outline showing what the proper procedure is. The State itself does not know what this so called procedure they are charging the accused person for not following is and in that vain, we pray for an exception and whatever the state is going to do afterwards it is up to them.

“In the previous hearings, the State indicated that the document of the procedure that should be followed when giving land does not exist and yet they are saying the proper procedure is the centre of the charges against the accused person. If the charge sheet does not clearly outline the duties of a public officer, how then can we plead to them.”

Kasukuwere through his lawyer also indicated that he had the onus to issue out land since he was the minister in charge of land and there is no evidence to the effect that he showed any favor to Gumbochuma.

However, the prosecutor from the President’s special prosecuting unit, Zivanai Macharaga opposed to the application on the basis that Kasukuwere was just trying to escape trial.

“This is an unnecessary waste of the court’s time and that it is a way of trying to avoid trial. The accused is obviously admitting that there is a land allocation procedure but it was not only written in papers, which now makes it relevant and it will be central during trial.”

Kasukuwere is facing four charges of abuse of office emanating from the time he was Minister for Youth Development, Indigenisation and Empowerment and that of Local Government, Public Works and National Housing.

In the first count, Kasukuwere is accused of flouting tender procedures when he awarded Brainworks Private Limited — owned by Mr George Manyere — a contract to do brokering services and financial advisory to the Government on indigenisation.

According to State papers, the appointment of Brainworks was inconsistent and contrary with the nature of his duties as a minister.

He is facing three counts of criminal abuse of office as a public officer during his tenure as a Cabinet minister.
He is facing three counts of criminal abuse of office as a public officer during his tenure as a Cabinet minister.

Own Correspondent|ZIMBABWE’S opposition Movement for Democratic Change has called for the establishment of a national transitional authority to steer the country back to legitimacy.

It made the demand in a petition which it said was handed over to the Speaker of Parliament Jacob Mudenda on Thursday and was copied to the Southern African Development Community chairperson Hage Geingob of Namibia, the African Union Chairperson Paul Kagame and Zimbabwe African National Union-Patriotic Front leader Emmerson Mnangagwa.

Through in the petition the party said the country needed a transitional authority because its 30 July elections fell short of the minimum standards, all the people the petition was addressed to have accepted the elections as free, fair and credible and recognise Mnangagwa as the legitimate President of the country.

Mudenda kicked members of the opposition out of Parliament last week after they refused to rise when Mnangagwa walked into the House.

Defending his decision to expel the members, Mudenda said: “….. I think it was necessary that where Hon. members cannot respect the Head of State who is the head of everyone; the whole international community has accepted that His Excellency the President, Hon. E. D. Mnangagwa is the Head of State of Zimbabwe, so, no other person, including Hon. members, can be allowed to have a different view all together.”

Other demands that the party made included constitutional reform, demonetization of the bond note, ending Zimbabwe’s international isolation, scrapping of the two percent money transfer tax.

It also called for the liberalization of the exchange rate, something that does not seem to add up if the bond note is removed.

The petition was handed over after the demonstration more or less confirming aspersions made by ZANU-PF officials that the MDC is prepared to form a government of national unity.

Mnangagwa has rejected the idea of a government of national unity on several occasions but has said he is willing to talk to the opposition and is prepared to create the post of Leader of Opposition which will be paid by the State.

His spokesman George Charamba said a “key pre-condition to the talks is that there must be a recognition of ED as the winner of the 2018 elections … there are no two ways about that”.

FORMER MDC senator for Makokoba Constituency, Sibangilizwe Msipha and four other people, two of them Zimbabweans died yesterday when two cars collided head-on in South Africa.

Three other people were injured in the accident that occurred at around 5AM along the N1 highway near Mookgophong in South Africa’s Limpopo province.

According to South Africa media reports, the accident caused a four hour closure of the road.

The reports said the accident occurred when a Toyota pick-up collided head on with a VW Polo vehicle.

“Five people, including the driver of the bakkie (pick-up) and a toddler died instantly and three other people sustained serious injuries. The injured passengers were taken to hospital for medical treatment,” Limpopo province police spokesperson Colonel Moatshe Ngoepe told South African media.

Contacted for further comment by The Chronicle, Col Ngoepe said more details would be released after completion of investigations.

The chairperson of Zimbabwean Community in South Africa Ngqabutho Mabhena said Mr Msipha was among those who died in the accident.

“The accident that happened this morning on N1 claimed the life of Mr Sibangilizwe Msipha. Mr Msipha was a senator for Makokoba from 2005-2008. He died on his way to Johannesburg from Bulawayo. May his soul rest in peace,” Mr Mabhena, wrote on his Facebook page.

In an interview, Mabhena said he had received information that three of those who died in the accident were Zimbabweans.

“The consulate may have more information on the accident as they had been informed but I’m told that of the five people who died in the accident, three of them are Zimbabweans while the other two are South Africans,” he said.

Zimbabwe Consul General to South Africa Mr Batiraishe Mukonoweshuro could not be contacted for comment.

State Media

Own Correspondent|Zimbabwe’s long standing ally, The Republic of China has halted the release of USD $72 million needed to finish the refurbishment of the Morton Jeffrey water works because the Zimbabwean government has failed to pay back millions of dollars’ worth of debt to the Asian country.

The Chinese had committed to paying $144 million for the project which would have seen capacity at the water treatment plants increased.

Harare currently struggles to meet even half of its water needs, and decaying infrastructure coupled with over population have meant that most suburbs receive erratic water supplies, while some go for months or even years without water.

When supplied, the water is often dirty, muddy and unsafe for consumption.

China released half of the earmarked $144 million but have stopped halfway, on account of several unpaid debts.

Harare Mayor, Councillor Herbert Gomba says he was informed by government officials that the reason for the halt was the outstanding debts.

“We had worked on more than 70% of the work using part of the $144 million. Only $72 million has been availed but the project stopped because of debts by the previous government,” he said.

“We were told by government officials that they sought to address the matter. There are discussions between governments on the matter and other matters we are told.”

Gomba also rubbished claims that the council had abused funds.

“The nature of the deal is that we do not have access to any funds. We do not hold anything as the project is supervised by the Office of the President and cabinet and the Ministry of Finance.”

“We are not taking seriously those making baseless allegations of corruption based on illusions or those desperate to make a name through lies yet they themselves are known fraudsters,” he said.

BULAWAYO police on Wednesday foiled a march to the High Court by Gukurahundi survivors who intended to petition for the setting up of a special commission to address the 1980’s mass killings. The march was supposed to start at Bulawayo City Hall car park ending at the High Court where the petition was to be delivered. The City Hall was, however, teeming with anti-riot police officers and others in plain clothes, forcing the organisers to abandon the march fearing arrest.

One of the organisers, Charles Thomas, a Gukurahundi victim and who was once charged with treason, confirmed the development yesterday.

“We wanted to hold a peaceful march to the High Court to petition the judiciary to set up an inquest into the Matabeleland massacres,” Thomas said.

Thomas was arrested and charged with treason in 2011 for allegedly distributing flyers in Bulawayo calling on Zimbabweans to revolt against government.

“Authorities seem to be against the march as seen by the massive presence of police details against defenceless victims who only want closure to the 1980’s disturbances,” he said yesterday.

Bulawayo police spokesperson Chief Inspector Precious Simango professed ignorance about the planned march in an interview with Southern Eye. The petition read in part, “We submit this petition for inquest into Gukurahundi genocide. As survivors of this genocide, we demand justice for families of survivors’ and victims… We also request compensation for us before we take this issue to international bodies.”

Last week Chief Maduna Mafu from Matabeleland also wrote to the United Nations (UN) seeking the setting up of an independent international body to probe the massacres. Government once initiated a probe into the Gukurahundi massacres, but the findings of the investigation were never made public.

President Emmerson Mnangagwa has said he was prepared to apologise if recommended by the National Peace and Reconciliation Commission (NPRC). Meanwhile, Chief Mafu has escalated his push for Gukurahundi resolution by writing to the Amnesty International after some unidentified people recently pounced on his home in Filabusi and allegedly harassed him following his petition to Mnangagwa to address the atrocities issue with urgency.

Chief Maduna also wrote to Mnangagwa asking him to speedily address the contentious issue which he said was the talk of everyone in Matabeleland and may boil to uncontrollable proportions if ignored for too long. In the letter to AI, the traditional leader requested protection against “harassment, imminent abduction, torture, kidnapping, forced disappearance, food poisoning and frivolous arrests” over his petition.

“The petition which went viral on social media has raised the ire of the current President who has responded by assigning a district central intelligence officer in the President’s office to place me under house arrest, that I report to him all my movements outside Filabusi and give him my itinerary thereof. This is done for an obvious reason to track my movements for purposes of either abduction or kidnapping or forced disappearance with well-known intention,” Maduna wrote.

The Amnesty International is yet to respond to his letter but the chief’s secretary said the letter was handed to the organisation’s offices in South Africa.

NewsDay

Mr Job Sikhaka told the Harare magistrates court yesterday that Mzembi could not attend the start of his trial for charges of theft of trust property involving $1,6 million because he was critically ill.

The trial was moved to December 4. Mr Sikhala pleaded with the court to postpone the trial and issue Mzembi with an administrative warrant of arrest.

“Cancer is a deadly diseases and currently the accused is on chemotherapy in South Africa,” said Mr Sikhala. “This is on record and we gave the State some of the medical documents.”

Mzembi was issued another warrant of arrest last week, in another case involving $184 336.
Harare magistrate Hosea Mujaya is handling the case, while Mr Zivanai Macharaga from the Special Prosecuting Unit is representing the State. – state media

Two Ordinary level candidates from two schools in Bulawayo have approached the High Court seeking an order for the release of their results which their respective schools have been withholding over outstanding fees.

The pupils, Providence Ayanda Luphahla a candidate from Maranatha High School and Prudence Moyo from Ihlathi High School through their lawyers Dube-Tachiona and Tsvangirai Legal Practitioners want the matter referred to the Constitutional Court for a constitutional declaration.

The school have since February 2016 refused to release the results demanding to be paid the outstanding fees.

According to summons filed at the High Court on Tuesday, the Headmasters of Maranatha and Ihlathi High schools are cited as first and second respondents respectively while the Minister of Primary and Secondary Education is cited as the third respondent.

Providence said she enrolled at Maranatha High School in Nketa from Form Two to Form Four while Prudence did Form One to Four at Ihlathi High School in Tshabalala.

“Having completed their Ordinary level examination, the results were subsequently released by the Zimbabwe Schools Examination Council to the two schools in 2016,” read the court papers.
At the time the ordinary level results were released, Providence owed and still owes Maranatha High School $538 while Prudence still owes Ihlathi High School $412.

The court papers say the basis for the application was for the court to make a declaratory order.
“From the date results were released the first and secondary respondents have refused to release the said Ordinary level results to the minor children until payment of full school fees arrears.
I seek an order that the refusal by the respondents to release the applicants’ ordinary level results on the basis of failing to pay school fees is unconstitutional as it violates the constitutional right to education and rights of children,” reads the court papers.

“Furthermore, the respondents actions are also unlawful as they are not provided for by any law. I am advised that there are lawful ways upon which the respondents can recover their unpaid fees”.
The summons say the respondents’ conduct has infringed on the minor children’s fundamental rights as they have failed to progress with their education without the said Ordinary Level results.

“The Constitution of Zimbabwe guarantees a right to basic adult education which is state funded as a result the respondents have no right to infringe on the minor children’s rights on the basis of failing to pay school fees. The conduct of the respondents further does not in any way advance the best interest of the minor children,” read the papers.

The applicants also argued that the Constitution of Zimbabwe further places a duty on all persons, institution and agents of the Government to respect, promote, protect and fulfil the rights and freedoms guaranteed by the Constitution.

“The conduct of the respondents is an abuse and deprivation of the applicants’ education. I submit that the provisions of Section 6 and Section 21 of the Education Act (25:04) which provide for payment of school fees do not give the powers to withhold examination results where school fees are not paid.

The lawyer said they were praying for an order declaring the conduct of the respondents to deny the applicants their Ordinary level results as unlawful and unconstitutional as it infringes on the applicants’ constitutional rights as granted by Section 75 (i) and Section 81 (l) (f).

“The applicants will further seek an order of the costs on an attorney and client scale as the respondents conduct was being malicious and has greatly affected the applicants’ educational life,”
They are also seeking that the matter be referred to the Constitutional Court in terms of Section 175 (1) and (5) of the Constitution of Zimbabwe.

In 2011, the Bulawayo High Court ruled that it is parents who undertake to pay all fees for their children when they bring them to school and failure to do so should result in legal proceedings being instituted against them.

The court ruled that school fees payment obligation was a contract entered into between a parent or guardian and the school concerned and not the pupil.
It said the said contract can either be express or implied.

The court also made it clear that it was improper to use pupils as pawns to enforce payment by either turning them away or withholding examination results. – state media

A ZIMBABWEAN woman based in Leicester, England reportedly shot and killed her Caribbean husband before turning the gun on herself on Wednesday night.

It is said that Lorraine Gugu Mbulawa killed her husband, only identified as Sanchez.
Media reports in the UK yesterday show police in the city have launched an investigation after the couple was found dead in a house they were staying in, at about 11.50PM.

In a statement, the police said the deaths were being treated as “unexplained” with investigations in progress.

They said scene preservation will remain in place at the house to allow for specialist officers to carry out inquiries into the circumstances surrounding their deaths.

Haalimah Foxie Chiniey indicated on Facebook that Mbulawa had a mental illness, adding that the condition was a reality that should be taken seriously.
“Mental health is a really sad thing. Clearly she had mental issues and I wish she had gotten help. So sad.”

Media in the UK said Mbulawa was once arrested years ago for physically assaulting her mother and injuring her but was cleared of attempted murder after a judge accepted that she believed she was acting on the instructions of evil spirits. A relative took to Facebook to dispel “nasty rumours” that
Lorraine Gugu Mbulawa killed her husband, only identified as Sanchez.

“It’s unfortunate that until the police have finished their investigations, I can’t say how they died. But she did not kill her husband,” wrote Kudzai Kanyamaure Ncube. – state media

By Own Correspondent| Citizens here have taken to social media expressing their views over the biased coverage of opposition leader Nelson Chamisa by the State Media.

The Herald reported that Chamisa’s “Mother of all demonstrations” was poorly attended posting the following on the publication’s facebook page:

We publish below some of the reactions to that post:

Terrence Mawawa|The Zimbabwe School Examinations Council
(ZIMSEC) has dismissed reports on social media that some Ordinary Level exam papers written in October-November were leaked and will, therefore, be re-written.

ZIMSEC described the reports as false and mischievous.ZIMSEC spokesperson Nicky Dlamini said:”Such messages on social media should be ignored as they are false, it’s just an individual trying to confuse the public through misinformation. We have not communicated anything to that effect neither have we received anything from the Minister on that.”

There is progress in the process of identifying victims of the West Nicholson bus accident as the Department of Applied Genetic Testing Centre at the National University of Science and Technology (NUST), has almost completed the works with some bodies set to be released this Friday.

Following the fatal accident of the Brooklyn bus disaster that occurred in the West Nicholson area of Gwanda where bodies were burnt beyond recognition and required the services of genetic testing for positive identification, the Applied Genetic Testing Center at NUST has so far positively identified 22 bodies out of the 30 remains and 18 body parts.

Director of the centre Mr Zephaniah Dlamini says the process is likely to be concluded by Friday this week, save for those remains whose reference samples were not correct.

“We are almost done and 22 remains have been positively identified but there are two remains whose relatives have not yet come to claim the body and for that reason it’s very difficult to proceed because we have no reference samples while some reference samples were not correct and new ones have to be secured,” said Mr Dlamini.

Mr Dlamini said the remains whose reference samples are yet to be brought will take at least another week to process and this will delay the release of these bodies for burial.

The country’s technology nerve center NUST has come in handy in the process of identifying the remains, a procedure that would generally be done in South Africa and would have taken longer to finish.

Zbc News online

Jane Mlambo| Foreign Affairs minister Sibusiso Moyo has gone public for the first time since September when he was diagonised of a kidney related ailment.

Following media reports that his condition had deteriorated again, Moyo posted his picture recuperating from home on social media, perhaps as a way of proving a point that he is indeed recovering.

pic.twitter.com/kwqiwygODz

— SB Moyo (@MinisterSBMoyo) November 29, 2018

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The Minister of Finance and Economic Development Mthuli Ncube said that the fuel situation will normalise in the next few days. Speaking to the press after a Cabinet meeting, Ncube said the fuel shortages are being caused by delays in the making of payments and transport logistics. He has however assured the public that the government is on top of the situation.

Ncube had this to say,

“We are aware of the hitches in the fuel supply on the market and this has to do with timing in terms of payments and supply of the commodity… I am happy to say that enough letters of credit and other payment forms have been arranged for the supply of fuel, but you get one or two types of delays logistically in terms of the delivery of the fuel. The issue should resolve in the next few days. We just hope we can be patient.

“Also, recall this last quarter of the year every year is the time for forex shortage in the normal cycle of foreign currency earnings for the country. We always have a bigger demand compared to supply in terms of forex demand, but we are glad to say we are on top of it and we will arrange enough financing for the fuel.”

Finance minister Professor Mthuli Ncube dealt a heavy blow to the controversial command agriculture programme after successfully pushing for its scaling down amid plans to phase it out next year.

Under the programme, government has been providing seed, fuel, irrigation and mechanized equipment to mainly smallholder farmers, who, in turn, are supposed to repay government by delivering five tonnes of their produce to the Grain Marketing Board.

The programme, which was launched in the 2016/17 season, has, however, been prone to abuse by the ruling Zanu PF party, becoming the centre piece of President Emmerson Mnangagwa’s campaign in the recent elections.

Resultantly, it has become a feeding trough for senior government officials, politicians, military chiefs and a connected few.

According to Treasury data, expenditure on agriculture has been one of the major components driving the southern African country’s unsustainable budget deficit.

Expenditure on the sector reached $1,1 billion as at August 2018, against an annual budget target of $401 million.

Of this, $238 million went towards command agriculture, $263 million towards vulnerable input support scheme and $505 million to grain procurement.

Ncube, who has been vocal about the need to restructure the programme, told a Press briefing yesterday that government would limit its exposure and play a supporting role instead.

“There is no question that it (command agriculture) has improved the food security situation in Zimbabwe. It has been a success, but what we are saying is that there are players that have been missing in the financing of command agriculture. It is the private sector banks who should begin to fund command agriculture. They have said they want perfection of the 99-year leases and that is a legitimate request which is being attended to. In the interim, we stand ready to give credit guarantees, especially to State-owned banks, for them to extend credit to farmers,” Ncube said.

“The other leg of the private sector are the industrial corporates, who are users of the agriculture commodities. They must get into outgrower schemes. There is a model pout there to copy, so by crowding in the private sector and also ensuring that those that are exporting produce source lines of credit”.

-Newsday

Finance minister Mthuli Ncube yesterday revealed that the Defence ministry is failing to feed and clothe its personnel and that the soldiers living in the barracks were surviving on two meals a day, while having to content with one uniform.

Ncube was defending his budget allocation of $546,9 million to the Defence ministry and $517,8 million to the Home Affairs ministry, bringing the combined allocation to security apparatus to slightly over $1 billion.

In the past, the two ministries have been given the largest chunk of the budget, but this year, Ncube allocated the Primary and Secondary Education ministry more than $1 billion.

In an interview with NewsDay on the sidelines of a post-budget Press briefing, Ncube said he had allocated a non-wage linked budget of $160 million and $86,2 million to the Defence and Home Affairs ministries, respectively, to cater for maintenance of equipment, facilities, training and development.

“This allocation is small; we have a situation where we have our military personnel at times having two meals per day instead of three; our police officers failing to attend to crime scenes because they do not have transport and other equipment to use. So we need to capacitate them,” Ncube said.

Ncube said Defence, Home Affairs, Education and Health are people-centred departments that need more funding.

“These are ministries that have to do with the social development of our people. If a police officer does not have the means of getting to a crime scene, even if you report, it would be of no value, hence we gave them this amount,” Ncube said.

In his budget presentation, Ncube said the economic crisis had taken a toll on the defence and law enforcement agents, affecting their duties.

The minister last week presented a $8,2 billion budget, which sought, among other things, to promote production, cut public expenditure as well as support international re-engagement efforts.

Ncube said the budget which is yet to be adopted by Parliament, has seen President Emmerson Mnangagwa and his two deputies taking a pay cut of 5%.

-Newsday

“Well, we might give you the figure of how much would be saved from the 5% pay cut, but the idea here is the political will by the President and all of us to take these austerity measures. The number of people who will be affected by this could be small; it is the will by President ED Mnangagwa to take the initiative which is very important. For every measure to succeed, we need to have political will,” Ncube said.

Also announced in the budget was the establishment of a road fund to assist road accident victims and it was to be funded by third party insurance undertaken by motorists.

Finance ministry secretary George Guvamatanga said at least $3 million was envisaged to be mobilised from insurance companies and a board was yet to be set up to administer the fund.

“The board will come up with further modalities on how and when an intervention would be made in the event of an accident. Maybe the board may actually recommend that government comes in and assist in funding and so on and so forth,” he said.

The Treasury bosses also warned pharmacies that are still demanding foreign currency that government would withdraw their licenses or stop allocating foreign currency to private players as a way of protecting ordinary citizens. Guvamatanga said authorities were contemplating channelling funds to NatPharm for the procurement of drugs and in the process drive out private players.

-Newsday

Jane Mlambo| Finance minister Mthuli Ncube could have danced to President Emmerson Mnangagwa’s moves to stop another military coup after allocating more than $1 billion to the security sector in his 2018 budget.

His argument is that soldiers are not being well fed and now having two meals a day instead of three.

According to the 2018 budget, Ncube allocated $546,9 million to the Defence ministry and $517,8 million to the Home Affairs ministry, bringing the combined allocation to security apparatus to slightly over $1 billion.

In an interview with NewsDay on the sidelines of a post-budget Press briefing, Ncube said he had allocated a non-wage linked budget of $160 million and $86,2 million to the Defence and Home Affairs ministries, respectively, to cater for maintenance of equipment, facilities, training and development.

“This allocation is small; we have a situation where we have our military personnel at times having two meals per day instead of three; our police officers failing to attend to crime scenes because they do not have transport and other equipment to use. So we need to capacitate them,” Ncube said.

Jane Mlambo| MDC Organising Secretary, Amos Chibaya yesterday said they received reports Zanu PF is planning to bus people from as far as Uzumba to disrupt their demonstration today.

Addressing journalists at a press briefing yesterday, Chibaya said they have since made a police report to ensure their protest is peaceful as they do not tolerate violence.

“We did receive reports that Zanu PF people are coming from Uzumba and other places. We have since reported the matter to police and I am sure police will handle them because as highlighted, our demonstration will be peaceful and we will not tolerate any violence. If there is anybody who is going to engage in violence, our marshals will do what we call citizens’ arrests,” Chibaya said.

Zanu PF deputy youth secretary Lewis Matutu has rubbished claims that the ruling party had sought to infiltrate the MDC protests, saying they had better things to do as a party.

“That is ridiculous. Why would we do that?” he asked.

“They are saying they are not putting on regalia because they don’t want their people to be identified. There is no peaceful demonstration as they are saying. They believe in chaos. How will they make the country ungovernable through a peaceful demonstration?

“They will repeat the same behaviour that they are known for, but for them to then say we are mobilising people to come to Harare is just ridiculous. We don’t have time to mobilise for what they are alleging, we have better things to do to build our country,” he said.

-Newsday

Norton Member of Parliament, Temba Mliswa, got a reprieve after the High Court stopped the attachment of his three vehicles over failure to settle $136 000 legal costs stemming from a case he lost to a private property developer and Norton Town Council.

Mliswa’s vehicles, a Mercedes-Benz, a Mazda T3500 truck and a Vintage Dodge, were attached by the Sheriff of the High Court early this month and were removed on November 7, 2018 for sale in execution.

This prompted Mliswa to approach the High Court for a provisional order staying the removal of the movable assets pending the final ruling of the matter.

Justice Esther Muremba found merit in Mliswa’s argument and granted the application the relief sought.

“Pending the determination of this matter on return – the first respondent (Sheriff of the High Court) is ordered to stay the removal of the applicant (Mliswa)’s movable assets attached on or about 1 November 2018,” she said.

The debt arose from costs that were awarded to Maparahwe Properties (Pvt) Ltd and Norton Town Council in a case in which Mliswa and his 629 co-applicants lost a High Court case involving land invasion at Kingsdale Farm, Norton.

In his application, Mliswa wanted an order barring the Sheriff, the property developer Maparahwe Properties and Norton Town Council from proceeding with the sale of his vehicles.

Maparahwe Properties and Norton Town Council after successfully defending the land stalemate, were awarded costs of suit.

Through his lawyer, Professor Lovemore Madhuku, Mliswa argued that the costs in the matter under HC4619/17 were not awarded jointly.

He said each applicant had an obligation to pay his or her proportionate share of the costs and the maximum amount of each being $216.

It was further argued that Mliswa joined the 629 Norton residents in Kingsdale and an organisation known as Norton Residents’ Development Trust (NRDT) when they petitioned the court under case number HC4619/17, challenging countless eviction orders against the residents at the instance of the property developer.

For Norton Town Council, Mliswa argued that it was just joined as a convenient party alongside two Government ministers (Lands and Rural Resettlement and Local Government) and he had already paid $3 227 towards the claimed costs.

State Media

THE Reserve Bank of Zimbabwe (RBZ) has said the country is not ready to liberalise the bond note exchange rate or introduce a new currency as this will raise inflation and worsen the economic situation.

Speaking during a business leaders’ seminar organised by the Seventh-Day Adventist Church in Bulawayo on Sunday, RBZ senior director Dr William Kavila defended the 1:1 US$/RTGS or bond note official exchange rate and warned that calls to un-peg the exchange rate at the present moment would take Zimbabwe back to the 2008 scenario when the country experienced hyper-inflation, which culminated in the collapse of the Zimbabwe dollar.

“We cannot liberalise the (bond note) exchange rate now because our economic fundamentals are not right. If we liberalise the bond note, inflation will rise by 600 per cent creating more economic challenges than we have now. This will take us back to the 2008 inflation where money lost value overnight and nobody here wants to hear of that period,” said Dr Kavila.

“We need to first improve on our reserves and have import cover for at least three months and we are looking at about $1 billion of import cover.”

He was responding to calls by business leaders to phase out the bond note or subject it to market forces to determine its rate. Some had complained that the US$1:1RTGS exchange rate was not sustainable and cited the existence of a three-tier pricing system on the market.

Dr Kavila said while the central bank and Government appreciate the public frustration emanating from a distorted exchange rate market and sky-rocketing prices, largely driven by speculative parallel market players, authorities have a mandate to instil discipline and protect public interest.

He explained that the 1:1 official exchange rate was important in preserving the value of money and ensuring depositors with millions of dollars at banks do not lose them.

Dr Kavila called for calm and urged Zimbabweans to work together with Government by supporting measures to restore confidence and achieve macro-economic stability.

“We need to work on fiscal consolidation measures, which is where the problem is. The bond notes we have are less than $500 million compared to the $10 billion RTGS balances,” said Dr Kavila.

“After all bond notes are backed by an Afreximbank loan facility and are being issued through a drip system.”

Treasury is already seized with implementation of austerity measures meant to reverse fiscal disequilibrium guided by the Government’s Transitional Stabilisation Programme (TSB).

These have been further buttressed in the 2019 national budget statement, which was announced by Finance and Economic Development Minister, Professor Mthuli Ncube.

The apex bank official also dismissed as false and malicious reports that the RBZ was participating in parallel market activities. On the contrary, Dr Kavila said, the recent price madness was triggered by speculation and misunderstanding of fiscal and monetary policy pronouncements.

He, however, said Government would continue to allocate foreign currency to support critical imports such as fuel, drugs, electricity and key raw materials for the productive sectors.

Government has said while it has no control over the parallel market rates, it has secured a $500 million Afreximbank facility to back the RTGS balances and pleaded with ordinary Zimbabweans not to trade on the parallel market.

“Afreximbank has offered Zimbabwe a facility to guarantee 1:1 convertibility of RTGS balances into US dollars. Having said that, what we can say is that people should desist from being involved in the parallel market, both in terms of currency activities and activities on the goods market,” Dr Kavila said.

State Media

THE opposition MDC yesterday said it was unfazed by threats and discouragement over today’s street protest while the police warned “some elements are planning to cause violence, disrupt the smooth flow and the peaceful environment”.

Addressing journalists at the party headquarters in Harare yesterday, MDC spokesperson Jacob Mafume, who was flanked by party leader Nelson Chamisa, his three deputies and others senior officials, said the demonstration was unstoppable as it was the desire of the suffering masses to register their displeasure at the way the Zanu PF government was running the country.

“The demonstration is a people’s demonstration. The people have demanded this demonstration; they have asked us to be able to lead from the front. Not only us, but various sectors of society and those sectors include the churches, students, civil servants, police and army, vendors and farmers will all converge here in Harare,” Mafume said.

He said they had notified the police as per provisions of the Constitution, and they are expecting the full co-operation of law enforcers, who will play their part in ensuring the smooth flow of their demonstration.

Police spokesperson, Senior Assistant Commissioner Charity Charamba said in a statement that the police had approved the protest, but said they had gathered intelligence reports that some elements would cause violence.

“Intelligence at hand indicates that some elements are planning to cause violence, disrupt the smooth flow and peaceful environment in Harare central business district. The Zimbabwe Republic Police is on high alert monitoring the situation to ensure all those who will cause violence are dealt with according to the law,” she said.

“This information has already been communicated to the conveners. Law enforcement agents will not hesitate to arrest anyone found violating the law.”

Mafume said police were bound by the Constitution to protect demonstrators and provide safe passage for anyone who wants to freely express themselves and ensure that provocateurs are stopped in their tracks.

“The police are there to ensure that no one interferes with the constitutional rights of Zimbabweans. We are convening a peaceful demonstration. We have complied with the Constitution and we expect all State organs to also comply with the law. We are proceeding in terms of the law and not in any terms of pronouncements by any other person,” he said.

MDC national organising secretary, Amos Chibaya claimed the party had foiled a plan by Zanu PF to bus in people from as far as Uzumba and other places to cause disturbances in Harare and lay the blame on the opposition party.

“We did receive reports that Zanu PF people are coming from Uzumba and other places. We have since reported the matter to police and I am sure police will handle them because as highlighted, our demonstration will be peaceful and we will not tolerate any violence. If there is anybody who is going to engage in violence, our marshals will do what we call citizens’ arrests,” Chibaya said.

He said they would march from Africa Unity Square, proceed along Jason Moyo Avenue into Leopold Takawira Street; Samora Machel Avenue; Julius Nyerere Way and Nelson Mandela Avenue and end at the Africa Unity Square where Chamisa will address the gathering.

The party plans to hand over a petition to Parliament, listing its concerns.

Mafume said they would not allow supporters and members to wear party regalia. He said protesters should wear white as a symbol of peace and love.

“This demonstration is coming from the people; they need redress and solutions, and they need them now. The form and shape that the solutions will take is up to those who construct the political issues, but what we are clear about is this demonstration is there to express whatever Zimbabweans are feeling,” he said.

“You have seen in the rallies, the people have asked us to be on the streets with them, to express how they feel.”

However, Zanu PF deputy youth secretary Lewis Matutu rubbished claims that the ruling party had sought to infiltrate the MDC protests, saying they had better things to do as a party.

“That is ridiculous. Why would we do that?” he asked.

“They are saying they are not putting on regalia because they don’t want their people to be identified. There is no peaceful demonstration as they are saying. They believe in chaos. How will they make the country ungovernable through a peaceful demonstration?

“They will repeat the same behaviour that they are known for, but for them to then say we are mobilising people to come to Harare is just ridiculous. We don’t have time to mobilise for what they are alleging, we have better things to do to build our country,” he said.

-Newsday

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State Media -Police yesterday said they will be on high alert today during the MDC-Alliance planned demonstration following indications that some rogue elements within the party were planning to cause mayhem and anarchy in and around the city.

This also comes after Government recently said MDC-Alliance and its leadership will be held accountable if their planned demonstration resulted in loss of life, limb or damage to property.

MDC-Alliance leader Mr Nelson Chamisa, who last week branded as “stupid” demonstrators who took part in the August 1 demonstrations which left six people dead and damaged property, said his party will march against the Government.

In a statement yesterday, chief police spokesperson Senior Assistant Commissioner Charity Charamba said those who cause violence will be dealt with according to the law.

She said the regulating authority, the ZRP, had sanctioned the planned demonstration.

“Intelligence at hand indicates that some elements are planning to cause violence, disrupt the smooth flow and the peaceful environment in Harare’s Central Business District,” said Snr Asst Comm Charamba.

“The Zimbabwe Republic Police is on high alert monitoring the situation to ensure all those who will cause violence are dealt with according to the law.

“This information has already been communicated to the conveners. Law enforcement agents will not hesitate to arrest anyone found violating the law.”

Snr Asst Comm Charamba said the conveners of the demonstration would be held accountable for any disruptions, destruction of property and ensuing violence in the CBD.

“The ZRP is appealing to all those who intend to participate in the demonstration to observe peace and maintain law and order,” she said. “We are, therefore, urging the generality of the public to go about their business as usual. We urge the organisers of the demonstration to adhere to the conditions set out by the regulating authority as provided for by the law.”

It recently emerged that the planned protests had nothing to do with economic issues, but were meant to pressure President Mnangagwa and Zanu-PF to share power with Mr Chamisa and his party.

Mr Chamisa told London-based international news magazine, The Guardian Weekly, last week that the protests would call for a “transitional authority” to “move the country forward”.

Deputy Chief Secretary to the President and Cabinet (Presidential Communications), who is also the Presidential spokesperson, Mr George Charamba, this week said the onus was on the opposition political outfit to ensure there was no injury to life or damage to property.

Mr Charamba said certain protected areas will be a no-go area for the opposition supporters.

Home Affairs and Cultural Heritage Minister Cain Mathema last week said Government had put in place security measures to deal with malcontents planning to disturb the peace prevailing in the country.- state media

ZANU PF youth league secretary Pupurai Togarepi has condemned the MDC demonstration set to be held in Harare this Thursday.

The MDC has since informed the police and has been given the
green light to proceed with the march.

The MDC is demonstrating over what the consider the worsenig economic situation. However, ZANU PF youths consider the march to be ‘frivolous’. They have vowed to defend ZANU PF party property in the event that it is attacked by the MDC. Togarepi
said:”We have noted with concern that the opposition is planning the so called peaceful march on November 29, 2018, in Harare.
The purpose of this so-called peaceful demonstration is to cause mayhem and despondency in our peaceful Zimbabwe like what happened on August 1, 2018.

We don’t say people should not demonstrate. The economic reasons are frivolous. After all, they invited sanctions to the country and always want to blackmail the country and deny it the chance to get investors.
In view of the impending demonstration by ‘thugs’ and ‘stupids’, we would like to encourage the general citizenry and the business community to safeguard
their property against the merchants of violence who engineered the same on 1 August 2018.

On its part, the league will safeguard the property against any harm. Any attempt to destroy property belonging to the party will not be taken lightly.”

Mr David Ndlovu of Dopote village under Chief Masendu in Madlambuzi, was shot at around 11PM and was pronounced dead on arrival at a local clinic.

His 21-year-old son (name withheld for security reasons), said he heard several gunshots at around 11PM on Saturday but said he was too scared to check what was happening outside his bedroom.

He discovered his seriously injured father at around 5AM the following day and rushed him to Makhulela Clinic where he was pronounced dead on arrival.

Chief Insp Ndebele spoke to the state media.

He said the police are appealing to members of the public who might have information leading to the arrest of the suspects to contact any nearest police station. – state media

A 31-year-Old woman from Plumtree has been arrested for attempted murder after locking herself and her four children in a bedroom hut before setting it on fire.

Sinikiwe Moyo of Demadema village under chief Masendu in Madlambuzi, attempted to kill herself and the children last Sunday while her husband she had fought with on the day, was away.

Matabeleland South police spokesperson Chief Inspector Philisani Ndebele confirmed Moyo’s arrest and said investigations were underway.

“I can confirm that we are investigating a case of attempted murder by a 31- year old woman that occurred in Madlambuzi on Sunday evening. The suspect locked herself and her four children (ages not provided) in a bedroom hut and set the hut on fire,” he said.

Chief Insp Ndebele said the accused’s alert father- in- law noticed the fire and rushed to the bedroom hut and managed to break down the door.

All the occupants including the accused managed to escape. – state media

Fresh land invasions have rocked Harare South, particularly Churu Farm, amid reports that some suspected land barons are illegally parcelling out stands to home-seekers without council’s authority and have since erected a structure where prospective home owners are parting with their hard erned money.

Those who have already settled are being asked to pay $15 each on the pretext that council would regularise their stay in the area.

Tonderai Muchemwa, who is the alleged mastermind of the illegal act, has been accused of forging local councillor Tendai Katsaira’s signature and details which he went on to use on posters where he threatened residents to pay or risk losing their stands.

Cllr Katsaira yesterday said residents at Churu Farm approached him after the alleged land barons demanded that they pay money for regularisation.

“I addressed them and told them not to pay money to individuals or cooperatives,” he said. “I told them that Government had outlawed cooperatives and council was now using pay schemes. They erected a structure where they are collecting money, forging the city’s logo.

“I have since made a forgery report against Muchemwa at Glen View Police Station. Some of the people are claiming to be land developers approved by council, but they could not prove their claims.”

City corporate communications manager Mr Michael Chideme yesterday warned home-seekers against making any form of payment for council land to third parties.

“There is a ban from Government stopping cooperatives from collecting money from residents because there is going to be a re-organisation of all these settlements where people are illegally settled,” he said. “Continuing to take money from people is cheating, it is thieving because what is that money going to work on?

“If there is going to be re-organisation, it means that whatever they are going to be investing on now is illegal and those people are just fleecing the public. The people who should know best are the residents. They should take messages from council seriously because those messages have weight in them.”

Mr Chideme said council had given enough warnings to home-seekers and it was the correct time for people to desist from paying through third parties.

Mnangagwa recently signed into law the Land Commission Act, paving way for the establishment of a commission that will advise Government on land management and carrying out periodic audits following rampant abuse of land, especially in major cities.

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THE Transition Justice Working Group (NTJWG) is working on a policy document to help speed up the peace and reconciliation process in the country and help communities find closure on disturbances that affected them in the past.

In an interview during the three-day 2018 transitional justice symposium that ended in Bulawayo last Friday, Reverend Ray Motsi, who is the thematic leader for memorialisation in the NTJWG, said national healing was important for Zimbabweans.

“This symposium is meant to help Zimbabweans and neighbouring countries to understand what is going on in Zimbabwe in terms of transitional justice. We’re also trying to come up with a policy document that is a guideline for everybody who wants to be involved in issues of transition justice.

“When we talk about transition justice, we mean the fundamental issues that have to be dealt with before we get any meaningful change in the country,” said Rev Motsi.

He said the symposium brought together different organisations to discuss issues that are limiting Zimbabweans from being able to move on.

“We have key civic society leaders, representatives from embassies, African Union and civic study for violence and reconciliation in South Africa. We also have other African countries which include Kenya and Uganda and representatives from political parties,” said Rev Motsi.

The NTJWG deputy chairperson, Mr Paul Themba Nyathi, said the symposium was important in the prevailing Zimbabwean environment as it was meant to produce a people-driven transitional justice policy.

“As we’re all aware, the constitution of Zimbabwe established the National Peace and Reconciliation Commission (NPRC).

“This was recognition of human rights and that we have to map the way forward on issues of human rights violations,” said Mr Nyathi.

He urged participants to seriously consider standing up and actively participating in national processes to hold leaders accountable and to benefit from contributions to national processes.

NPRC chairperson Retired Justice Selo Nare explained to the participants the functions of the commission and the key issues involved in reconciliation.

“The condition for healing is truth, forgiveness and reconciliation. Reconciliation requires acknowledgement of the injury by the aggressor and entails restoring relations that are free from yesterday’s hurt.

“It’s about developing new relationships and new attitudes. Reconciliation is the meeting point between past pains and the future,” said Retired Justice Nare.

During their discussions, participants at the symposium said there was a need for shadow policies and commissions to mirror Government appointed commissions.

They said there was also need to include victims in the transitional justice process.

State Media

THE Zanu PF youth league yesterday described the protest against the worsening economic situation in the country by the opposition as “frivolous” and accused the MDC of being responsible for the deteriorating situation.

MDC leader Nelson Chamisa on Monday announced that his party would stage a mass protest tomorrow over the deteriorating economic situation under Zanu PF rule, increased taxation, fuel shortages, and “stolen” elections.

But Zanu PF youth secretary Pupurai Togarepi said the opposition party was overstretching the ruling party’s patience by protesting on flimsy reasons just to derail President Emmerson Mnangagwa’s development agenda.

He said the opposition was abusing the democratic space guaranteed by Mnangagwa, adding he had already mobilised youths to protect party property during the demonstration.

“We noted with concern that the opposition is planning what they call a peaceful march on November 29, 2018 in Harare,” Togarepi said.

“The purpose of this so-called peaceful demonstration is to cause mayhem and despondency in our peaceful Zimbabwe as what happened on August 1, 2018. We don’t say people should not demonstrate, but not demonstrate without good reasons. The economic reasons are frivolous. After all, they invited sanctions to the country and always want to blackmail the country and deny it of investors.”

The Zanu PF youths “restrained ourselves” during the August 1 protests to respect peaceful co-existence, he added.

“In view of the impending demonstration by ‘thugs’ and ‘stupids’, we would like to encourage the general citizenry and the business community to safeguard their property against the merchants of violence who engineered the same on 1 August 2018. On its party, the league will safeguard the property against any harm. Any attempt to destroy property belonging to the party will not be taken lightly,” Togarepi said.

Asked what he meant by protecting and resisting any attempt on the party’s property, Togarepi said the youths guarding the party properties would be vigilant and report any threats to the police.

“For the moment, we are protecting our property and I hope nobody will provoke us into any confrontation. We are peaceful people led by a peaceful man, President Mnangagwa.”

He said the protests were an attempt to force Zanu PF into negotiations for a unity government, which destroys the whole process of holding elections when “losers want to impose themselves into power”.

Togarepi said the party was also ready to defend its victory in the just-ended elections if it becomes threatened.

NewsDay

Terrence Mawawa| Mr Nick Van Hoogstraten (NVH), the second largest shareholder of Hwange Colliery Company Limited is set to appear before the Temba Mliswa-led Parliamentary Committee on Mines and Mining Development on 3 December 2018 in the wake of the ongoing saga regarding the facts and circumstances of the unilateral decision by Honourable Ziyambi Ziyambi to issue a reconstruction order in relation to the company.

Mliswa informed his colleagues in the Committee as follows: “On another note I received a call from Van Hoogstraten who said he had come all the way from London to appear before us. I subsequently advised him to come before us next Monday at 09:00hrs. Please note accordingly.”

The request by NVH to appear before the Committee flies in the face of the opinion by the Attorney General, Mr. Prince Machaya, that Parliament does not have the jurisdiction in respect of a company that has been placed under reconstruction.

The control and management of Hwange is now vested with an Administrator who was appointed by Ziyambi Ziyambi in his capacity as the Minister of Justice, Legal and Parliamentary Affairs who is vested with the power to substitute the Courts by issuing an order that has the same force and effect as any judicial order.

It is not clear at this stage what would be the angle that NVH would want to share with the Committee but it has been established that an application for the confirmation of the reconstruction order is now before the Court.

Ms. Miriam Mutizwa, a member of the Friends of SMM (FOSMM), the first targeted company in 2004 for this extrajudicial reconstruction had this to say: “Mr. NVH may not know what I now know that this application to confirm an order issued by the Minister of Justice in relation to Hwange is a final order disguised as a precursor to a court order. It is meant to create the impression that the Ministerial order is meant to address an emergency in order to justify why the role of the Courts in issuing all orders is sidestepped. I have had the opportunity of following the SMM matter closely since the placement of Hwange under reconstruction and I must say that there can be no moral, legal and constitutional basis for a creditor to help himself by writing his own law and then seek to enforce it with the complicity of the Courts.”

Mr. Chitambo, the Secretary General of FOSMM said: “I have listened to what the AG had to say to the Parliamentary Committee.  It is clear that he lied about the effect of the reconstruction order on the rights of shareholders and creditors.  In respect of a judicial management order, all the affected parties are served with the papers.  No creditor approaches the Court after the fact.  Both a creditor and a debtor approach the Court without any shackles created by another litigant.  In this case, the Minister approaches the Court as an Applicant in respect of a company that he has no control or interest in.  It is the Minister that is the Applicant who approaches the Court to confirm a decision he would have made outside the four corners of the Court yet the AG considers this to be in line with constitutional prescripts.

We have an application pending before the Courts in the name of FOSMM challenging the legality and constitutionality of the Reconstruction Act.  In the case of SMM, the then Minister of Justice, Hon Chinamasa, admitted that he had not notified the company’s shareholders and creditors before issuing the order.

In addition, when the SMM reconstruction order was issued, the Act did not exist. A decree was promulgated by former President Mugabe that was used to justify the extrajudicial issuance of a limiting order.

In the case of SMM, the reconstruction order was confirmed after more than 13 months by a judge in chambers.

No shareholders and directors were informed of the fact that an application was launched and the order was, therefore, granted without the participation of the company’s stakeholders.

It is the case that in respect of Hwange, an application for confirmation has been issued within the prescribed time frame largely because of the attention the matter has received.  Notwithstanding, the company is under the control of the Minister who is also the Applicant.  There is no provision for the order to be rescinded or canceled by a Court of law.  It is only the Minister who has the power to amend or vary it. The court’s role is only limited to confirming the Ministerial order.”

Below is a copy of the application by Hwange for judicial management and it will be noted that the such an application is made by the Company and the papers are served on all the parties relevant in the matter.

Notwithstanding the above, the AG believes that it is permissible for a creditor to seek to self-help with the assistance of a dedicated law.  Although he accepts that in the case of judicial management, it is the Court that appoints the Judicial Manager, he is of the view that as long as the creditor is an organ of state, preference should be condoned despite the limitations imposed by the constitution.

Asked whether there was a need to align the Reconstruction Act with the 2013 Constitution, the AG said that alignment would only be necessary if the Act is deemed to be inconsistent with the Constitution. However, his considered view is that there is nothing wrong with a law that offends the audi partem principle.