President Emmerson Mnangagwa has used temporary powers for a new law that will see illegal currency traders being sentenced to up to ten years in jail, while ill-gotten wealth will be confiscated.

Under regulations that come into effect tomorrow, Government will track unexplained movement of money in the financial system.

President Mnangagwa’s intervention – which involves amending the Exchange Control and Money Laundering and Proceeds of Crime Acts – is through constitutional provisions of the Presidential Powers (Temporary Measures) Act.

Parliament needs to approve the law within six months to make it permanent.

The new law prescribes a maximum 10-year custodial sentence for illegal currency traders, and authorities will be empowered — through the Unexplained Wealth Orders Statute — to confiscate ill-gotten wealth.

The Zimbabwe Anti-Corruption Commission and Zimbabwe Revenue Authority have been empowered to pursue perpetrators of financial crime.

Deputy Chief Secretary to the President and Cabinet (Presidential Communications) Mr George Charamba yesterday told The Sunday Mail that President Mnangagwa had signed the law that will be gazetted tomorrow.

Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi said: “Our teams have been working tirelessly on the laws for the past few weeks and the legislation is ready for gazetting. It will be issued through an Extraordinary Government Gazette.”

Secretary for Justice Mrs Virginia Mabhiza said the new law illuminated grey areas that were being exploited by criminals to escape culpability.

“There have been two legislative interventions which have been made by His Excellency. The first one is amendment to the Exchange Control Regulations (Exchange Control Act). The definition of ‘dealer’ is further clarified to assist judicial officers in interpreting the law and also the general public in appreciating the law.

“The second amendment is to the Money Laundering (and Proceeds of Crimes) Act to provide for unexplained wealth and the respective enforcement agents where a public office holder or someone previously in that capacity fails to account for wealth accumulated in a manner suspected to be criminal,” she said.

“The Exchange Control Regulations have also been amended to introduce a presumption where one conducts themselves in a certain manner to be held liable for dealing.”

Mrs Mabhiza said the Unexplained Wealth Orders would give crime-fighting entities like the National Prosecution Authority, Zacc and the Zimbabwe Republic Police power to seize unexplained wealth.

“The President has invoked his powers so that law enforcement agents such as the police, the NPA and the Zacc have more teeth to compel suspects to explain their wealth. All those who fail to give satisfactory answers risk forfeiture of their assets or monies in their accounts.

“This instrument can be in place for six months. Within these six months, Parliament can use its powers to make the law permanent.”

A legal expert involved in crafting the legislation, who elected to be anonymous, said the regulations were in line with international best practice.

“In the past it was difficult to do anything to people that were suspected of corruption or those that have unexplained huge amounts of money in their accounts.

“Authorities now have a firm basis to make demands on people to account for their wealth. What this means is that Zacc, the police or Zimra can now go to court to seek an order to compel any person to explain his source of wealth. In the event that there is no satisfactory explanation, that person risks losing money that is in his account or properties that he or should would have acquired through the suspicious dealings.

“This year, Britain introduced Unexplained Wealth Orders with the idea being to fight white-collar crime and mafia-like corruption. These orders are served on any persons who are suspected of white collar crimes.”

Last month, President Mnangagwa instructed the Justice Ministry to work expeditiously with the Attorney-General’s Office to draft regulations to bring currency manipulators and money launderers to book.

The Head of State and Government labelled parallel market activities a national security threat that his administration would not tolerate.

-State Media

The Commission of Inquiry into the August 1 post-election violence will hear evidence from members of the Zimbabwe Defence Forces and Zimbabwe Republic Police tomorrow.

President Emmerson Mnangagwa established the seven-member commission, chaired by South Africa’s former President Kgalema Motlanthe, to investigate circumstances leading to the violence that rocked Harare soon after the July 2018 harmonised elections.

Public hearings began on October 16 and the commission is expected to present its findings by month-end.

In an interview with The Sunday Mail recently, Secretary to the Commission Mrs Virginia Mabhiza said the hearings were open to the public.

“I want to confirm that on 12 November, the commission will be sitting at its usual venue to hear evidence from, among other groups, the defence forces and the police,” said Mrs Mabhiza.

“Let me make it very clear that the commission is an open commission and in the interest of transparency, no one is going to be disallowed from following its proceedings.

“For purposes of hearing this specific evidence, the commission will as much as possible, in the interest of transparency and in the interest of allowing the public to follow whatever is necessary, allow the public to access the venue of the hearings.”

The commission is also expected to hear evidence from the National Peace and Reconciliation Commission and Zimbabwe Lawyers for Human Rights on Tuesday. The Zimbabwe Electoral Commission and Attorney-General’s Office will also be invited.

“I am very confident, especially looking into our work plan and where we are, that we are on time and we hope by 28 November everything will be in place. It will be up to the commission to decide on which date to brief His Excellency the President on its findings.

“Without putting an emotion on how proceedings are taking place, we can actually say there has been a very positive response from the people of Zimbabwe in the sense that people have been coming voluntarily to give their evidence.

“So I can say the commission so far has been going on very well and anticipate that it will finish its business on time, which is by the end of November,” Mrs Mabhiza said.

So far, 13 organisations have submitted written submissions, while 111 individuals gave testimonies.

With Mr Motlanthe on the commission are international law expert Mr Rodney Dixon (UK), former Commonwealth Secretary-General Chief Emeka Anyaoku (Nigeria), former Tanzania People’s Defence Forces Commander General (Retired) Davis Mwamunyange, University of Zimbabwe lecturers professors Lovemore Madhuku and Charity Manyeruke, and former Law Society of Zimbabwe president Mrs Vimbai Nyemba.

Meanwhile, commission chair Mr Montlanthe told a media conference in Mutare yesterday — where 13 people gave testimony at public hearings in the border town — that participants volunteering evidence were assured of safety from reprisals or harassment.

“From the 7th to the 9th of November our Secretariat recorded 24 statements here in Mutare from different witnesses. Today the commission heard evidence from 13 witnesses. I, therefore, wish to assure you that all your views will be taken into consideration when we come up with our report and recommendations,” said Mr Motlanthe.

He thanked Zimbabweans for their support for the commission.

-State Media

Youths from Chitungwiza had a fruitful and fun filled day as Alight Zimbabwe Trust held a football tournament to commemorate the International Day of the Girl Child whose theme was # Girls Get Equal Opportunities for Girls Takeover.

Three girls teams namely Colts, Busters Queens and Far Post Queens as well as boys under 15 teams, United Generation Academy, Far Post and Busters Academy battled out at Zengeza 3 ground.

According to AZT National Coordinator Cartwell Chirove,“The event is to offer an opportunity to the girl child to showcase skill and talent in the once male dominated sport and propel her to greater heights.”

In addition AZT National Programs Manager Edwin Sithole said, “We will be looking at the challenges girls and women are facing in their daily life and trying to offer alternatives to reduce gaps.”

Previously on this day AZT would celebrate the day in different ways which includes debates, Conferences, sport galas among other activities.

All the teams walked away with monetary prizes and certificates. AZT board members Walter Manjova , Obert Moyo and Blessing Chigamura graced the event.

The exploits of Loice Tembo in goals for the subsequent event winners Far Post Queens left the sizeable crowd in awe and she deservedly walked away with two certificates for the Best Goalkeeper and Best Player of the tournament.

A player from Busters Queens Sibusisiwe Kimu thanked parents for allowing them to participate in the event.

Speaking on behalf on the teams Far Post Patron thanked the organizers and called out to other organizations to come on board and empower the youths in the community so as to deter them from bad vices.

International day of the Girl child is commemorated annually on 11 October to promote girls rights and highlight gender inequalities in society.

ZANU PF leader, Emmerson Mnangagwa has used temporary powers for a new law that will see illegal currency traders being sentenced to up to ten years in jail, while ill-gotten wealth will be confiscated.

Under regulations that come into effect tomorrow, Government will track unexplained movement of money in the financial system.

Mnangagwa’s intervention – which involves amending the Exchange Control and Money Laundering and Proceeds of Crime Acts – is through constitutional provisions of the Presidential Powers (Temporary Measures) Act.

Parliament needs to approve the law within six months to make it permanent.
The new law prescribes a maximum 10-year custodial sentence for illegal currency traders, and authorities will be empowered — through the Unexplained Wealth Orders Statute — to confiscate ill-gotten wealth.

The Zimbabwe Anti-Corruption Commission and Zimbabwe Revenue Authority have been empowered to pursue perpetrators of financial crime.

Deputy Chief Secretary to the President and Cabinet (Presidential Communications) Mr George Charamba yesterday told The Sunday Mail that Mnangagwa had signed the law that will be gazetted tomorrow.

Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi said: “Our teams have been working tirelessly on the laws for the past few weeks and the legislation is ready for gazetting. It will be issued through an Extraordinary Government Gazette.”

Secretary for Justice Mrs Virginia Mabhiza said the new law illuminated grey areas that were being exploited by criminals to escape culpability.

“There have been two legislative interventions which have been made by His Excellency. The first one is amendment to the Exchange Control Regulations (Exchange Control Act). The definition of ‘dealer’ is further clarified to assist judicial officers in interpreting the law and also the general public in appreciating the law.

“The second amendment is to the Money Laundering (and Proceeds of Crimes) Act to provide for unexplained wealth and the respective enforcement agents where a public office holder or someone previously in that capacity fails to account for wealth accumulated in a manner suspected to be criminal,” she said.

“The Exchange Control Regulations have also been amended to introduce a presumption where one conducts themselves in a certain manner to be held liable for dealing.”

Mrs Mabhiza said the Unexplained Wealth Orders would give crime-fighting entities like the National Prosecution Authority, Zacc and the Zimbabwe Republic Police power to seize unexplained wealth.

“The President has invoked his powers so that law enforcement agents such as the police, the NPA and the Zacc have more teeth to compel suspects to explain their wealth. All those who fail to give satisfactory answers risk forfeiture of their assets or monies in their accounts.

“This instrument can be in place for six months. Within these six months, Parliament can use its powers to make the law permanent.”

A legal expert involved in crafting the legislation, who elected to be anonymous, said the regulations were in line with international best practice.
“In the past it was difficult to do anything to people that were suspected of corruption or those that have unexplained huge amounts of money in their accounts.

“Authorities now have a firm basis to make demands on people to account for their wealth. What this means is that Zacc, the police or Zimra can now go to court to seek an order to compel any person to explain his source of wealth. In the event that there is no satisfactory explanation, that person risks losing money that is in his account or properties that he or should would have acquired through the suspicious dealings.

“This year, Britain introduced Unexplained Wealth Orders with the idea being to fight white-collar crime and mafia-like corruption. These orders are served on any persons who are suspected of white collar crimes.”

Last month, President Mnangagwa instructed the Justice Ministry to work expeditiously with the Attorney-General’s Office to draft regulations to bring currency manipulators and money launderers to book.

The Head of State and Government labelled parallel market activities a national security threat that his administration would not tolerate. -state media

By A Correspondent| MDC Treasurer Chalton Hwende says it is true there was an attempt on his boss, Nelson Chamisa today.

Writing following the video shocker covered previously by ZimEye, Hwende said, “I can confirm that there was an attempt to kidnap President Nelson Chamisa today. We have alerted the police and the President has been moved to a secure place.”

WATCH THE LIVE COVERAGE BELOW:

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MDC Alert: CIOs follows and attacks President Chamisa convoy

The people’s President Nelson Chamisa is safe following an attack on his Convoy and a failed abduction attempt on one of his drivers near Mabvuku turnoff today on his way from addressing a bumper crowd in Marondera.

The driver managed to escape by jumping of the moving abduction viechles. The President was being followed by up to six registered and unregistered vehicles.

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The vehicles are the same that have been reported in the past to be following President Nelson Chamisa. The registration numbers are AET 8699, AES..6615, AES 0015, ADR 9409.

Our security have reported these numbers at Avondale and Harare Central Police stations and nothing has been done up to date.The state is playing a dangerous game with the life of our President.

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0TM: Can you give us a brief background relating to the Muzarabani oil and gas project?

WC: In the 1990s, Mobil Oil conducted an exploration in what we call the Greater Muzarabani Area. We call it the Greater Muzarabani Area in the sense that the exploration that they conducted covers not only the area in question where Invictus is doing work, but areas beyond that.

They then conducted extensive geo-physical work which includes aerial magnetic surveys. The data from that exploration work, they left a copy of that data in the custody of Government in line with the agreement they had signed with Mobil.

So they left the data which is stored in magnetic tapes which are under the custody of the Ministry of Mines.

TM: It’s now more than 20 years after Mobil Oil conducted that exploration. What has happened now that has triggered Government’s interest to revive that project?

WC: In line with our mantra that Zimbabwe is open for business, what then happened is that Government facilitated Invictus through their local partners called Geo Associates, to come and access the data which Mobil generated when they did their exploration.

TM: And what has Invictus done with that data?

WC: That data was sent to two sets of consultancy, one of them a company based in the United States of America called Netherland, Sewell and Associates Inc, in addition to Invictus doing work directly themselves.

They actually have a team in Harare at the moment doing that work. The geo-physical work has been done, the aerial magnetic survey of the area was done already. All the work now involves the re-interpretation of the data that Mobil generated.

So, Invictus re-interpreted the data and from that re-interpretation they then established a resource of 680 million barrels of oil. The other 180 million is made up of two forms of existence.

TM: What are those two forms of existence?

WC: Here we are talking of a resource which has got oil and which has got gas. The oil is straight forward.

With oil you just take the oil and put it through a refinery and, depending on the characteristics, you can convert it either to petrol or diesel.

But with gas, basics in theory there are three main uses of gas. It can be used for big users or off takers of that gas, secondly it can be used for power generation because it becomes quite cheaper and thirdly that gas can be converted into oil and processed in the normal manner.

TM: In simple terms, may you explain how Invictus managed to establish that there are oil resources in Muzarabani?

WC: There have been recent discoveries of oil and gas in geological formations similar to the ones we have in Muzarabani and these have taken place in Uganda and Kenya. As a result of that, there has been more knowledge gained technically from those discoveries.

Secondly, what happens is that re-interpretation is done using (advanced technology) software; it’s not manual and there has been more modern interrogation too which has been developed post-Mobil exploration, hence the ability of Invictus to determine the resource now.

The area we are talking about is about 200 square kilometres. That is the size. In that 200 square kilometres what happens is they want to de-risk by drilling a well. It is very expensive to drill that well and it costs about US$20 million and we are talking of 300 millimetre diameters up to about four and half kilometres deep. It means that in that whole 200 square kilometres, what you want is to de-risk and confirm — drill at the best site so that you make sure you have done extensive geo-physical work on that whole 200 square kilometres. But in the process of doing that geo-physical work there is a chance of further increasing the size of the indicative resource. There is some further work to be done. The whole idea is by mid next year to have zeroed in and say we will drill the well in this particular place and the well is drilled and once it is confirmed then we are in business.

TM: So, can we safely say Zimbabwe has discovered oil?

WC: We are past that. It’s a question now of further confirmation. In oil technical terms, there is what is called establishment of a prospective resource and there is what is called a discovery. In oil technical terms, the way things are done, you establish a prospective resource and there is a definition of what is a prospective resource. It’s quite a success to establish a prospective resource. But you only declare a discovery when you have drilled a well to confirm the prospective resource. There is a discovery in layman’s terms and there is a discovery in technical terms. From the analysis and re-interpretation, a prospective resource is now known and the quantity. But to call it a discovery, it entails the sinking of a well.

TM: When should we expect the drilling of that well?

WC: The projection is that by mid 2020 we should have drilled the well, then we will take it from there.

TM: Can you tell us who Invictus is because there have been unverified reports that it is just a briefcase company?

WC: Invictus is a special purpose vehicle established for the purpose of raising money to exploit this resource.

Modern working style in the West is that people don’t work in offices, but from home. And in this case its re-interpretation of work that has already been done. What you need is experts who assist using modern technology and those experts are here in Harare.

TM: What role is Government playing in this whole project?

WC: Government comes in as a facilitator and regulator, but also most countries that produce oil sign production sharing agreements with companies. So, that is how Government comes in. Invictus has also committed to do a production sharing agreement with the Government of Zimbabwe.

State Media

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Defence Minister Oppah Muchinguri attending a pre budget consultative meeting in Bulawayo today said, “we are scared of mutiny from the security sector because soldiers have only one pair of uniform and one pair of boots and their morale is very low because of the high cost of living.”

BREAKING: Oppah Muchinguri Says Soldiers Are Angry And Could Revolt Anytime | IS SHE LYING? https://t.co/S0du0JrXyi

— ZimEye (@ZimEye) November 10, 2018

MEDICINE Control Authority of Zimbabwe (MCAZ) closed down Angel Pharmacy at Checheche Business Centre in Chipinge for selling more than 25 types of drugs which were either expired, unregistered or unrefridgerated, as well as for operating without a pharmacist.

Some of the unregistered drugs included pyrimon eye drops, paracetamol Fresenius 10mg/ml, which was both expired and unregistered; atenonol 100 mg-an anti-hypertensive drug, which was unregistered, as well as typhoid fever vaccines which were unrefridgerated.

According to the report compiled by an inspector from MCAZ; Emmanuel Makotore and reviewed by Sly Mutyavaviri that were gleaned by the NewsDay; an investigative inspection was carried out on October 21, 2018 after a tip off from a member of the public.

Part of the report dated November 7, 2018 read; “On the day of the inspection, the inspectors went undercover as patients and requested for pyrimon eye drops. Rumbidzayi Chidzimba, who identified herself as the ‘pharmacist’, gave a quotation of US$8 for pyrimon eye drops.

“The inspectors paid and then Chidzimba asked the other dispensary assistant to fetch the medicine outside. The other dispensary assistant proceeded to a white sedan that was parked outside the pharmacy and collected the pyrimon from the vehicle.

“She handed it over to Chidzimba who added the inspectors’ details into the dispense ware. The officer was given the pyrimon without a dispensing label. Upon request for the label, the inspector was told that for that kind of medicine it was the practice of the pharmacy not to put labels.

“At that juncture, the officers introduced themselves and removed the medicine from the trunk of the car. The officers then requested to see the pharmacist, who was said to be absent. She had not been at work the whole day.”

The report went further to list 16 types of unregistered and expired drugs found in the trunk of the car and were confiscated. It went on to say 85 tablets that were in an unlabelled pill bag were also found, but these could not be identified.

A further search of the pharmacy revealed that the refridgerator in the dispensary was not functioning properly, with the thermometer inside showing a temperature reading of 26 Degrees Celsius.

The unrefridgerated medicines were later quarantined at the premises in the refridgerator, even though it wasn’t working. The pharmacy staff could also not produce invoices to account for the purchases of the drugs.

The pharmacy was immediately instructed to close pending confirmation of appropriate supervision, and the supervisor was requested to comment on the observation within seven days and provide invoices and names of the suppliers of the confiscated medicines.

The supervisor was further instructed to keep the medicines that were in the fridge on the day of the inspection under quarantine until the matter was been finalised.

Meanwhile, for several years now, essential drugs were in short supply in the country, leading to cheap and unregistered drugs that put people’s lives at risk finding their way into pharmacies through unscrupulous ways.

However, the owner of the pharmacy Angeline Mahwire, who is also a pharmacist by profession, denied ever selling unregistered drugs when reached for comment, but later said the whole incident was exposed by her ex-boyfriend who was out to destroy her.

Mahwire owns four pharmacies that include Tshovani Pharmacy in Chiredzi, Angel Pharmacy at Checheche Business Centre, Nkayi and Chipinge pharmacies, respectively.

“There is nothing like that. We don’t sell unregistered drugs in our pharmacies. My brother, I know that my ex-boyfriend is behind everything. I had a relationship with this man, who was also a workmate also for more than seven years, but it ended in a nasty way. Now, he is out there to destroy me,” Mahwire said.

MCAZ is the national medicines and healthcare products regulatory authority in Zimbabwe. It was first established in 1969 as the Drugs Control Council. It became the successor to the Drugs Control Council and the Zimbabwe Regional Medicines Control Laboratory in 1997 through an Act of Parliament, the Medicines and Allied Substances Control Act (Masca) (Chapter 15.03).

By A Correspondent| As if the 2% tax burden on the poor is not enough, the Finance Minister Mthuli Ncube Saturday afternoon dropped a bombshel announcement that he is going to introduce a new tax on commuter omnibuses, hair salons and other informal sector survival businesses. He made this announcement during a pre-budget review meeting Bulawayo. As this is a developing story, ZimEye could not at the time of writing obtain fuller details of when and how the tax is going to be introduced. WATCH THE LIVE COVERAGE BELOW:

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"Gvnt to introduce new tax targeting the informal sector including commuter omnibuses, hairsalons and bottlestores" says @MthuliNcube @MaiNoah1 @BitiTendai @TembaMliswa pic.twitter.com/k3kTdj7wjL

— ZimEye (@ZimEye) November 10, 2018

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THE High Court in Harare has endorsed a Commission of Inquiry set up by President Mnangagwa to investigate the cause of the post-election violence that claimed six lives in Harare’s central business district (CBD) on August 1 this year.

The Commission of Inquiry is chaired by former South African President Kgalema Motlanthe, while its other members are international law expert Mr Rodney Dixon QC from the United Kingdom, former Commonwealth secretary-general Chief Emeka Anyaoku from Nigeria and former Chief of Defence Forces of the Tanzania People’s Defence Forces General (Retired) Davis Mwamunyange.

University of Zimbabwe (UZ) lecturers Professors Charity Manyeruke and Lovemore Madhuku and former president of the Law Society of Zimbabwe (LSZ) Mrs Vimbai Nyemba, complete the commission.

Throwing out a challenge on the legitimacy of the commission by a Harare woman, Ms Allison Charles, Justice David Mangota ruled that the President acted within the law in setting up the Commission of Inquiry.

Justice Mangota stated that from the arguments placed before him, President Mnangagwa did not deploy members of the defence forces on the streets and as such was not conflicted in appointing the commissioners.

Ms Charles had argued that since the powers to deploy the army vested solely in the President, he was the one who sent soldiers on the streets of Harare to deal with the violent protestors.

She argued that being the deploying authority, President Mnangagwa was conflicted and therefore he should have left the setting up the commission to independent commissions such as the Zimbabwe Human Rights Commission (ZHRC) and the National Peace and Reconciliation Commission (NPRC).

However, Justice Mangota said President Mnangagwa was not involved in the deployment and that the findings of the Commission of Inquiry would identify who gave the order to the military.

“They (applicants) proceed on the premise that, because the Constitution confers power on the President to deploy, he deployed members of the defence forces on August 1, 2018,” ruled Justice Mangota.

“The correct position of the matter is that he did not. Because the President did not deploy, he is not conflicted as the applicants would have the court believe,” he said.

He continued; “He also did not violate Section 214 of the Constitution. He, in other words, did not owe a duty to report to Parliament matters which did not arise out of the power which the Constitution confers upon him.

“His moral duty, which arises out of what occurred on 1 August, 2018, was or is to set up the Commission of Inquiry, which he established on 14 September 2018.”

On the cause of the violence, Justice Mangota said; “He (President Mnangagwa) remained alive to the fact that Zimbabwe and the world deserve a clear statement of the causes of the violence and the need on the part of the country to define as well as prevent such unfortunate occurrences in all future elections. The commission, which he set up will, in the fullness of time, unearth those.”

Justice Mangota said President Mnangagwa acted in terms of the Constitution in appointing the commissioners and that the Commission of Inquiry was valid.

“The commission is legally in place. The conduct of the authority which constituted it is above reproach. The commissioners whom the applicants seek to impugn cannot be impugned. At the end of the day, the commission will table the results of its work to Zimbabwe and, by extension, the whole world,” said Justice Mangota.

“The applicants’ case stands on nothing. It was a very good academic exercise which

resulted from their legal practitioners’ ineptitude. It is devoid of merit. It is, accordingly, dismissed with costs,” he ruled.

He also said the applicants had failed to prove that University of Zimbabwe lecturers, Professors Lovemore Madhuku and Charity Manyeruke, were biased towards Zanu-PF.

“The applicants make a statement about Prof Charity Manyeruke’s alleged membership of Zanu-PF party. They produced no evidence which supports the same, nor did they state with sufficient particularity how her alleged earlier views announced or unannounced, would detract her from her work as a commissioner,” ruled the judge.

“The fact that Prof Madhuku was a presidential aspirant in the election of 30 July 2018 shows that he cannot be biased in favour of anyone, let alone the first respondent.

“As a contender who did not make it to the highest office on the land, he has nothing to benefit or lose when he works with the commission,” Justice Mangota said.

The judge said Ms Charles was simply trying to derail the work of the commission.

“I remain satisfied that the applicants were trying their luck on what they knew could not hold. Their aim and object were to derail the work of the commission of inquiry.

“They remained oblivious to the fact that the commission, which comprises men and women of repute and integrity, and to a larger extent, of international character, cannot be influenced by anyone to follow a person’s line of thinking other than to discover what they were constituted to achieve,” the judge said.

Justice Mangota also found that the lawyer representing Ms Charles failed to appreciate the difference between a statement issued by President Mnangagwa announcing his intention to set up a Commission of Inquiry and the actual gazette published on September 14.

He blasted the lawyers for failing to understand that the President merely made an announcement in the statement of August 29 but set up the commission in terms of the law published on September 14.

“It is, in view of the foregoing, difficult if not impossible, to comprehend why such able minds that argued this case failed to distinguish the statement of the first respondent from the legal mechanisms, which he employed to bring the Commission of Inquiry into existence,” Justice Mangota ruled.

“They should have properly advised their clients of the impropriety of moving the court to review and set aside a statement which has no effect on the legal process of 14 September, 2018. They took the court and the respondents along a garden path which leads to nowhere,” he said.

He described the application as a waste of time.

Justice Mangota said only the President was empowered, in terms of the law, to set up the Commission of Inquiry.

“It is evident from the foregoing that the power or authority to establish a Commission of Inquiry is reposed in the President. He exercises the same at his discretion. No person or authority has such power,” he said.

Ms Charles filed the application in her capacity as a relative of one of the victims. An organisation called the Counselling Services Unit was the second applicant in the matter.

President Mnangagwa appointed the commission after six people were killed as violence erupted in Harare on August 1 this year as the Zimbabwe Electoral Commission was announcing results of the Presidential election, which showed President Mnangagwa was headed for victory.

Soldiers were reportedly called in to reinforce police deployments who were apparently overwhelmed by the protestors who were destroying property and beating up pedestrians.

Through their Harare lawyer Chris Mhike, the applicants had argued that President Mnangagwa could not set up the Commission of Inquiry because he had allegedly deployed the soldiers.

State Media

Correspondent|FORMER Local Government minister Ignatius Chombo’s troubles continue to mount this time under the radar of the Zimbabwe Anti-Corruption Commission (Zacc) over a murky airport deal in which the Harare City Council is said to have been fleeced of millions of dollars, it has been learnt.

Harare businessman Ken Sharpe was at the centre of the investigation after the Harare City Council reportedly lodged a complaint with Zacc over the way the deal for the construction of the Airport Road, which was later completed by the Zimbabwe National Roads Administration (Zinara) was structured.

“The Harare City Council has lodged a complaint with Zacc and investigators, who include the corruption fighting institution’s lawyers, are already on the ground sifting through masses of documents and evidence.

“Sharpe was awarded a contract without going to tender by Michael Mahachi, who was then heading a commission managing the affairs of the city at the time. Mahachi had been appointed by Chombo, but there is no evidence to show that the commission sat and approved the contract with Sharpe running into millions of dollars,” a source close to the matter said yesterday.

Zacc commissioner (investigations) Goodson Nguni said: “We have received a complaint from Harare City Council and are dealing with it. By next week, we should have full details regarding the matter. We are working flat out on it,”

Insiders said the investigations have revealed that under Mahachi’s instructions, council began transferring land and paid millions to Sharpe’s Augur Investments before work began.

“Council paid millions to Sharp’s Augur Investments even before any equipment moved onto the site. The whole thing reeks of graft. Land was also transferred to the contractor as part of the payment plan before anything happened. Council lost a lot.”.

In 2016, Zacc as well as the Auditor-General Mildred Chiri’s office called for an investigation into the 20km project known as Joshua Nkomo Expressway that audits indicated cost taxpayers and Harare ratepayers up to eight times more than was recommended including vast tracts of land with Chombo being the lead actor.

Initial reports indicated that the airport deal was awarded to Augur Investments without going to tender. This involved the City of Harare pledging 4 000 hectares of land to the company as part payment.

It has also emerged that Mahachi, was also Augur “project manager” when he awarded the company the tender.

For his role as project manager, Mahachi was allegedly paid close to $2 million.

Correspondent|BULAWAYO Deputy Mayor Tinashe Kambarami is headed for a legal battle after revelations that a rival MDC faction opposed to his election has hatched a plan to sponsor a voter from his ward to approach the courts seeking an order to nullify his nomination and election as councillor on the grounds of his conviction for theft.

A source within the MDC Bulawayo province said its all systems go, the draft papers have been prepared by the lawyers and final consultations are being made before filing.

“The matter is very true yes, I can confirm. The papers have been drafted and legal proceedings will be instituted soon. After the political process was thwarted by Chairperson (Tabitha Khumalo), the only way is to take the legal route,” The source revealed.

Kambarami was in July under CRB 1981/18, convicted on his own plea of guilty to theft by Bulawayo magistrate, Ms Sharon Rosemani. He was fined $80 or 18 days in prison for stealing an extension cord from an electrician he had hired to do manual work at his offices.

He had been given up to the end of July to pay the fine, but defaulted resulting in a warrant of arrest being issued against him. Kambarami then paid the fine on August 15.

According to section 119 (2) (e) of the Electoral Act, a person shall be disqualified from being nominated as a candidate for or from election as a councillor if he or she has been convicted of an offence involving dishonesty.

“Our lawyers have advised us that according to the Electoral Act his election as a councillor will be set aside. We did not want to get to this level, we just wanted him to respect party processes and step down as deputy mayor. His defiance will now cost him even the council position. It is at that [point that he will see Tabitha will not be able to protect him and that his dirty money which he has been using to buy shoes for councillors will not work for him.”

Legal practitioners recently recently quoted in in the media saying Kambarami can be ousted if courts were approached.

“Legally once one is declared duly elected it is not automatic that they leave office unless there is a court order to nullify that. We are therefore saying someone will have to go to court, be it a voter or some interested party. In essence, it means that Kambarami remains a councillor and deputy mayor until a competent court has declared him unfit to remain in office,” Constitutional lawyer Professor Lovemore Madhuku said.

Law Society of Zimbabwe councillor Mr Godfrey Nyoni said: “If Kambarami was indeed convicted, of which I doubt he disclosed his conviction to the Nomination Court, his election should be a nullity and anyone can approach the High Court to seek a declaratur to say his election was not in terms of the law. You cannot sanitise an illegality and if something is a nullity it is a nullity and it ends there.”

Own Correspondent|A Venezuelan woman was busted at Robert Mugabe International Airport carrying 6 kg of cocaine as she tried to smuggle it into the country.

She appeared at the Harare magistrate’s court on Friday and demanded an interpreter before she can stand trial because she wanted to have an understanding of all charges levelled against her.

Delcy daymar Rodriguez Guererro was arrested upon landing. Prosecutor Sebastian Mutizirwa alleges that the cocaine is worth almost $500 000.

Through her lawyer, Ashiel Mugiya, Guererro told the court that she needed a Spanish interpreter as well as for her defence counsel to have sight of the contraband before she can stand trial as these are her constitutional rights.

Harare magistrate Rumbidzai Mugwagwa advised Mugiya to bring in his client in court on Saturday so that a Spanish interpreter can read the charges to her.

The State alleges that on October 18, Border and Control Unit detectives received information to the effect that Guererro was flying from Brazil and was suspected to be in possession of dangerous drugs.

It is alleged that when Guererro disembarked from the plane, she went to the clearance counter in the arrivals hall for passport clearance.

She was immediately identified during stamping of her passport and information was relayed to detectives who were on surveillance.

She allegedly picked her black suitcase within the airport arrival hall and selected the Zimra green route exit point where she was intercepted by detectives while pulling her suitcase inscribed with her tag number and name.

She was reportedly searched, leading to the recovery of a whitish powder which was stashed inside six black blocks wrapped around in her travelling.

Field tests analysis were conducted on the powder in the presence of Guererro and it tested positive to cocaine, the court heard.

Further tests were conducted by forensic scientist laboratory and it tested positive for the illicit drug.

M&T

Three Cotton Company of Zimbabwe (COTTCO) bosses have been hauled before the court on fraud allegations after they reportedly sold lint worth over $2 000 000 under the pretext that they were selling it to a company that had been acquired through pre-financing as is the norm.

According to Statutory Instrument 150/2008 of the Exchange Control [Cotton] order, all lint must be acquired by a customer through pre-financing.

Pius Manamike, acting managing director, Brighton Chibhamu treasury, Lameck Machumi, sales and marketing officer allegedly misrepresented facts to individuals who were contracted to monitor the release of the said lint and ensure that it was released to the right customers.

The trio appeared before Harare Magistrate. Rumbidzai Mugwagwa and were released on bail on condition that they pay $500, report once a week and not interfere with State witnesses.

They were also ordered not to visit their offices as part of the bail conditions.

The matter was remanded to December 7.

Prosecuting, Sebastian Mutizirwa alleged that COTTCO was incorporated in 1994 as the successor organisation of the Cotton Marketing Board and it was subsequently privatised in 1997.

The company operated under this structure until 2015 when government allowed management through the executive team to run operations at COTTCO.

The executive team included Manamike as the acting managing director, Chibhamu as the head of finance, Maxmore Njanji as the head of operations and Benedict Mugumeni who is the complainant as the head of corporate services.

Allegations are that sometime in May 2017, Manamike and Chibhamu entered into a Memorandum of Agreement with Cotton Pro Company to supply lint totalling to 8 000 tonnes on a 90 day credit facility against the Statutory Instrument prerequisites.

The Memorandum Agreement was taken to Ecobank for registration whereupon the bank indicated that they only process documents for companies which had done the pre-financing hence the bank could not assist Cotton Pro Company in acquiring that credit facility with them, the court heard.

It is the State’s case that between September 8 and October 17 last year, the three accused persons knowing that they could not obtain cotton lint through Ecobank, misrepresented to Ecobank that they needed release orders for the release of lint to Devcote Louis Dreyfus and Mambo Commodities which had pre-financed the growing of the cotton.

Meanwhile, Ecobank had already deployed Sacotec Collateral Securities to all Cotton Depots throughout the country to ensure that cotton lint was released to approved merchants.

Upon receiving the release order, it is the State’s case that the three accused persons further misrepresented to Sacotec Collateral Securities staff based at Gokwe, Kadoma and Sanyati COTTCO depots that the cotton lint was destined was destined for export to Devcote Louis Dreyfus and Mambo Commodities which resulted in a total of 1 106 tonnes of cotton lint being fraudulently released on the instructions of the accused.

The matter came to light when an internal audit was carried out and a report was made leading to the arrest of the three.

The trio allegedly got away with $2 212 613 and of that amount, $707 249.31 was recovered.

M&T

LEGISLATORS have said the Government has taken too long to buy them service vehicles with the issue being among the most topical during the ongoing 2019 Parliamentary pre-budget seminar in Bulawayo.

Government in October announced that it would defer the purchase of new vehicles for MPs as part of austerity measures being spearheaded by Finance and Economic Development Minister, Professor Mthuli Ncube.

The country has about 350 legislators combining the National Assembly and the Senate and they are all entitled to vehicles which they are supposed to use in servicing their constituencies.

Government is expected to shell out more than $20 million to buy new vehicles for the 350 legislators.

In his presentation, the chairperson of the Portfolio Committee on Budget, Finance and Economic Development, Felix Mhona, emphasised that MPs needed vehicles.

“Honourable Speaker Sir, purchasing of vehicles for our honourable members is not a luxury, these are our tools of the trade. So we are saying honourable members must be given their tools,” he said drawing applause from legislators across the political divide.

Mutare Central MP, Innocent Gonese, said they were entitled to their vehicles.

“I believe that when we look at the question of vehicles, MPs are entitled to vehicles and let’s submit that apart from those five appointed outside Parliament, my view is let’s have a one vehicle policy, one durable vehicle for all members.

“This will bring to an end the business of having those in the Executive having a Parliamentary vehicle as well as two other vehicles and those two other vehicles are the ones which are ultra-luxurious like your Range Rover Vogue or Range Rover Autobiography,” he said.

In a rare show of unity between MPs from both the ruling Zanu-PF party and main opposition MDC, the legislators said their vehicles were also a top priority in the budget and the Finance Minister has to expedite their purchase.

They said they preferred off road vehicles which would enable them to navigate the rough terrain in their constituencies.

Responding to the legislators, Prof Ncube said he understands that MPs need to be given their vehicles.

“I am on the side of making sure that you get your vehicles, but we have been debating as to whether we give you a 100 percent loan, partial loan or zero loans so we have that action on the table but either way vehicles are on the way,” he said.

Reserve Bank Governor Dr John Mangudya told the legislators the demand for foreign currency was crippling the economy and even legislators’ vehicles required foreign currency.

“If the expenditure is coming, it also has to be funded. Right now you are asking about your vehicles, those vehicles are imported also and they need foreign currency. This country does not make vehicles.

“I agree that these are your tools of trade; very good tools of the trade but those tools of the trade shall end up in my office looking for foreign currency. If the Minister says let’s look for foreign currency, I will look for it and buy your vehicles,” said Dr Mangudya.

“NOW that the truth is out about my money, those ladies should give it back so that I can get on with my life,” said Sandra (Sandy) Ndebele-Sibindi who was swindled of over $80 000 last month.

The dance queen had given one Simangani Gwemende, an illegal money changer from Bulawayo, almost $90 000 (US$8 330 and $80 000 bond notes) to trade the money on the forex black market.

Gwemende however, subcontracted another person, Lindiwe Ndlovu, to trade it in Beitbridge on her behalf as the rates were apparently more favourable there.

Ndlovu claimed to have boarded a private vehicle to Beitbridge on October 16 and was robbed of all the money when she got off the car in Colleen Bawn for recess and found the vehicle gone.

She then made a report of the stolen money to the police who initiated investigations.

She informed Gwemende who then informed Sandy of the mishap and the musician did not take the issue lightly.

The musician apparently viciously demanded Gwemende to repay her and allegedly forced her to sign an affidavit saying she would pay US$1 000 every day until the debt is cleared.

The matter, that is now before the courts, this week took a twist with Ndlovu admitting that she had made a false report about the money being stolen.

In mitigation, Ndlovu said she made the false report in a bid to raise money for medication as she suffers from cancer.

She was sentenced to six months imprisonment by Gwanda magistrate, Ms Nomagugu Ncube.

Three months were suspended on condition that she does not commit a similar offence within the next three years.

Sandy said the conviction had vindicated her suspicions that it was a bogus story to swindle her of her money.

“I suspected from the onset that this story of the money being stolen was just a cover up. I’ve filed a case against her (Gwemende) in the Bulawayo High Court to get my money back using the law,” said Sandy.
She said all she wants is her money.

“I know that the money is there. Maybe they’ve shared it among themselves. However, what I know is that they’ll pay back every cent that they took from me and claimed it was stolen.”

Asked where she got the lump sum, the mother of three who is married to a businessman — Nkanyiso — said she was a hard-working woman who makes money, not only from her music and shows, but from other business interests.

She said people should not think that she just sings and dances for a living.

“I do other things to make money and fend for my family like any other Zimbabwean who wants to make ends meet. I have over 7 000 chickens that I’m rearing and every six weeks, I sell them and buy chicks among other business interests across the country.

“Also, I’ve been performing a lot this year as it was election season. I was getting hired by political parties and money was coming in and I was saving it,” she said.

The money, Sandy said, was meant to be used for shopping in Dubai.

“That money was supposed to be used in Dubai to buy stuff I wanted to sell.

“I have nothing to hide, if people want to know where I got the money, I can prove to anyone without doubt.”

However, Sandy said this has taught her not to trust anyone.

“I trusted the woman (Gwemende) as I was introduced to her by her sister whose child learns with mine.

I thought she was genuinely helping me out.

“Now I’m broke all because I trusted people with my money,” said a disheartened Sandy.

State Media

THE Zimbabwe Republic Police (ZRP) has released 36 names of the people who died on Wednesday this week near the Rusape tollgate.

Their next of kin have since been informed.

The names of those who lost their lives are:

Handsome Mugabe from Rusape

Grace Nyamhuri from Rusape (28)

Molleene Kunyaura from Headlands (35)

Alberick Nyamawanga from Odzi (1 year 10 months)

Nomsa Managani from Glen View, Harare (34)

Pertience Geza from Mutare (30)

Tsitsi Gweja of Nyanyadzi clinic (40)

Tafirenyika Nyarumbe of Highlands, Harare

Themba Mukaronda of Nyagota village, Rusape (33)

Kelvin Fombe of Mutare (33)

Gloria Malusi of Kadoma (28)

Wish Mhaambirwi of Chikanga, Mutare (22)

Daru Artson of Mabvazuva, Rusape (26)

Shamma Takunda Bhunu of Tynward, Harare (8 months)

John Mapika of Waterfalls, Harare (34)

Francis Mubaiwa of Amsterdam Park, Harare (46)

Amos Manyere of ADA Transal Odzi (52)

Lovemore Mudondo of Eastview, Harare (18)

Tatenda Mushore of Glen View, Harare (9)

Esther Mazvimba of Village 12 Chinhenga, Inyati (80)

Anna Kambarami of Plot 98 Tynwald, Harare (26)

Tafadzwa Siwiti of Rusike Phase 1, Marondera (19)

Douglas Chimanga of Waterfalls, Harare (60)

Shalom Tariro Bhunu of Plot 98 Tynwald, Harare (3)

Michael Huta of St Therese Mission, Rusape (24)

Tavonga Mushore Glen View, Harare (8)

Willard Tatenda Mukanya of Makuwapasi village, Chief Makoni, Rusape

Themba Sorota of Court 26 Chareka, Mutare (39)

Ali Chiramba of Old Tafara, Harare (35)

Zodic Chikanda of Dzivarasekwa Extension, Harare (27)

Molline Kunyaura of Marondera Prison (32)

Enwedy Chawapira of 3 Brigade, Mutare (32)

Nancy Mukwada of Vengere, Rusape

Kudakwashe Mupatsi of Dzivarasekwa 1, Harare

Simon Juru of Dzivarasekwa Extension, Harare (50)

Grasten Chipangura of Harare (45).

Meanwhile,

48 people injured in the Rusape bus disaster who had been admitted at Rusape General Hospital have been discharged and only four are still being treated for the injuries they sustained.

33 bodies have also been collected by relatives for burial by late this afternoon.

81 accident victims were taken to Rusape General Hospital after the bus disaster that claimed 50 lives.

14 injured people were transferred to Harare another one to Mutare while 52 remained admitted at Rusape General Hospital.

Thanks to the sterling work by the Rusape Hospital staff, by this afternoon 48 people had been discharged.

Rusape General Hospital’s medical superintendent Dr Steward Karembo confirmed the latest developments.

“The pressure that was on the General Hospital is slowly fading away as relatives are coming to collect bodies of the deceased while the majority of patients have been discharged,” he said.

Some of the injured who are still hospitalised hailed the treatment and assistance they have received so far.

“We are happy with the support and treatment we got after the accident as we were in a helpless situation,” said some of the survivors.

Meanwhile, the Zimbabwe Passenger Association Organisation members comprising 75 percent of bus operators in the country visited Rusape General Hospital where they said there is need to regulate the transport sector to reduce loss of lives.

The association’s CEO Fungai Makoni said the transport sector should not be free for all but should operate under specific guidelines and standards to guide against overspending among other vices.

“There is need to regulate the transport industry in order to reduce road accidents,” he said.

The accident occurred on Wednesday evening near the Rusape toll gate claiming the lives of 45 people on the spot while five others died in hospital. — ZBC

THE Smart Express bus driver who fled the scene after the Rusape accident that claimed 46 lives on Wednesday evening has handed himself over to Rusape traffic police.

Manicaland provincial police spokesperson Inspector Tavhiringwa Kakohwa yesterday confirmed the development saying the driver, Cosmas Marembo had handed himself to the police at around 2pm in the afternoon.

“For now we cannot talk of the charges that he is facing because investigations are still in progress,” said Insp Kakohwa.

Meanwhile, earlier in the day yesterday, Smart Express Bus Company owner, Mrs Arima Mkwamba conceded that her company had of late witnessed several accidents largely blamed on the recklessness of her drivers.

“We are very disappointed by the wanton loss of lives being caused by the accidents. Our drivers are reckless and we have on many occasions warned them against such driving,” she said.

— State Media

The accident occurred at the 166km peg along the Harare-Mutare Highway and involved Bolt Cutter and Smart Express buses.

Smart Express owner Mrs Arima Mkwamba said the money was their contribution towards assisting the families of the deceased and the injured.

The donation was handed over to the Civil Protection Unit, through the office of the Manicaland provincial administrator, Mr Edgar Seenza.

Mr Seenza said the money would be disbursed to the families of the deceased at Rusape Hospital when they came to collect the bodies of their loved ones.

Government has provided $25 000 towards the cause while the Insurance Council of Zimbabwe (ICZ) will settle all hospital bills. FSG and Nyaradzo Funeral Services are assisting with coffins and transporting the deceased to their final resting places. The total monetary assistance to each bereaved family is currently $1 350.

Meanwhile, Mrs Mkwamba has blamed the accident on recklessness on the part of the driver, identified as Cosmas Marembo.

Mrs Mkwamba said the company was deeply saddened by the loss of lives.

“We never thought our buses would be involved in an accident of this magnitude and it is really a sad development. This is happening because of reckless driving,” she said.

“The name of our buses, ‘Smart’, means we are operating a clean business. My family and I have never used any juju to enhance our business. We run a clean business. It is unfortunate that we have been a victim of so many accidents in a short space of time.”

Smart Express manager Mr Derick Sigauke said the company always instructed its drivers to exercise caution on the road and to drive within the stipulated speed limits but sometimes the drivers behaved differently.

He said Marembo had been with the company for over a year and was one of their best drivers.

He denied claims that the company was setting daily targets for its crews, which pushed them to speed to meet them.

“We do not set targets for our drivers and we never force them to go to Harare and come back to Mutare on the same day. If the bus cannot come back we urge the crew to sleep over in Harare and return the following day,” he said.

“This particular driver has been with us since we started the Beitbridge-Mutare route over a year ago and he has never had a problem. He was a Zupco driver for more than 10 years before joining us.”

Meanwhile, Marembo has handed himself over to Rusape Traffic Police, The Herald has learnt.

According to Manicaland provincial police spokesperson Inspector Tavhiringwa Kakohwa, Marembo handed himself over to the police at around 2pm on Wednesday afternoon.

“For now we cannot talk of the charges that he is facing because investigations are still in progress,” said Insp Kakohwa.- state media

The High Court in Harare has endorsed a Commission of Inquiry set up by President Mnangagwa to investigate the cause of the post-election violence that claimed six lives in Harare’s central business district (CBD) on August 1 this year.

The Commission of Inquiry is chaired by former South African President Kgalema Motlanthe, while its other members are international law expert Mr Rodney Dixon QC from the United Kingdom, former Commonwealth secretary-general Chief Emeka Anyaoku from Nigeria and former Chief of Defence Forces of the Tanzania People’s Defence Forces General (Retired) Davis Mwamunyange.

University of Zimbabwe (UZ) lecturers Professors Charity Manyeruke and Lovemore Madhuku and former president of the Law Society of Zimbabwe (LSZ) Mrs Vimbai Nyemba, complete the commission.

Throwing out a challenge on the legitimacy of the commission by a Harare woman, Ms Allison Charles, Justice David Mangota ruled that the President acted within the law in setting up the Commission of Inquiry.

Justice Mangota stated that from the arguments placed before him, President Mnangagwa did not deploy members of the defence forces on the streets and as such was not conflicted in appointing the commissioners.

Ms Charles had argued that since the powers to deploy the army vested solely in the President, he was the one who sent soldiers on the streets of Harare to deal with the violent protestors.

She argued that being the deploying authority, President Mnangagwa was conflicted and therefore he should have left the setting up the commission to independent commissions such as the Zimbabwe Human Rights Commission (ZHRC) and the National Peace and Reconciliation Commission (NPRC).

However, Justice Mangota said President Mnangagwa was not involved in the deployment and that the findings of the Commission of Inquiry would identify who gave the order to the military.

“They (applicants) proceed on the premise that, because the Constitution confers power on the President to deploy, he deployed members of the defence forces on August 1, 2018,” ruled Justice Mangota.

“The correct position of the matter is that he did not. Because the President did not deploy, he is not conflicted as the applicants would have the court believe,” he said.

He continued; “He also did not violate Section 214 of the Constitution. He, in other words, did not owe a duty to report to Parliament matters which did not arise out of the power which the Constitution confers upon him.

“His moral duty, which arises out of what occurred on 1 August, 2018, was or is to set up the Commission of Inquiry, which he established on 14 September 2018.”

On the cause of the violence, Justice Mangota said; “He (President Mnangagwa) remained alive to the fact that Zimbabwe and the world deserve a clear statement of the causes of the violence and the need on the part of the country to define as well as prevent such unfortunate occurrences in all future elections. The commission, which he set up will, in the fullness of time, unearth those.”

Justice Mangota said President Mnangagwa acted in terms of the Constitution in appointing the commissioners and that the Commission of Inquiry was valid.

“The commission is legally in place. The conduct of the authority which constituted it is above reproach. The commissioners whom the applicants seek to impugn cannot be impugned. At the end of the day, the commission will table the results of its work to Zimbabwe and, by extension, the whole world,” said Justice Mangota.

“The applicants’ case stands on nothing. It was a very good academic exercise which

resulted from their legal practitioners’ ineptitude. It is devoid of merit. It is, accordingly, dismissed with costs,” he ruled.

He also said the applicants had failed to prove that University of Zimbabwe lecturers, Professors Lovemore Madhuku and Charity Manyeruke, were biased towards Zanu-PF.

“The applicants make a statement about Prof Charity Manyeruke’s alleged membership of Zanu-PF party. They produced no evidence which supports the same, nor did they state with sufficient particularity how her alleged earlier views announced or unannounced, would detract her from her work as a commissioner,” ruled the judge.

“The fact that Prof Madhuku was a presidential aspirant in the election of 30 July 2018 shows that he cannot be biased in favour of anyone, let alone the first respondent.

“As a contender who did not make it to the highest office on the land, he has nothing to benefit or lose when he works with the commission,” Justice Mangota said.

The judge said Ms Charles was simply trying to derail the work of the commission.

“I remain satisfied that the applicants were trying their luck on what they knew could not hold. Their aim and object were to derail the work of the commission of inquiry.

“They remained oblivious to the fact that the commission, which comprises men and women of repute and integrity, and to a larger extent, of international character, cannot be influenced by anyone to follow a person’s line of thinking other than to discover what they were constituted to achieve,” the judge said.

Justice Mangota also found that the lawyer representing Ms Charles failed to appreciate the difference between a statement issued by President Mnangagwa announcing his intention to set up a Commission of Inquiry and the actual gazette published on September 14.

He blasted the lawyers for failing to understand that the President merely made an announcement in the statement of August 29 but set up the commission in terms of the law published on September 14.

“It is, in view of the foregoing, difficult if not impossible, to comprehend why such able minds that argued this case failed to distinguish the statement of the first respondent from the legal mechanisms, which he employed to bring the Commission of Inquiry into existence,” Justice Mangota ruled.

“They should have properly advised their clients of the impropriety of moving the court to review and set aside a statement which has no effect on the legal process of 14 September, 2018. They took the court and the respondents along a garden path which leads to nowhere,” he said.

He described the application as a waste of time. Justice Mangota said only the President was empowered, in terms of the law, to set up the Commission of Inquiry.

“It is evident from the foregoing that the power or authority to establish a Commission of Inquiry is reposed in the President. He exercises the same at his discretion. No person or authority has such power,” he said.

Ms Charles filed the application in her capacity as a relative of one of the victims. An organisation called the Counselling Services Unit was the second applicant in the matter.

President Mnangagwa appointed the commission after six people were killed as violence erupted in Harare on August 1 this year as the Zimbabwe Electoral Commission was announcing results of the Presidential election, which showed President Mnangagwa was headed for victory.

Soldiers were reportedly called in to reinforce police deployments who were apparently overwhelmed by the protestors who were destroying property and beating up pedestrians.

Through their Harare lawyer Chris Mhike, the applicants had argued that President Mnangagwa could not set up the Commission of Inquiry because he had allegedly deployed the soldiers. -state media

THE trial of opposition political party leader Tendai Biti will commence on Monday 12 November 2018 at the Harare Magistrates Court.

Biti will stand trial on allegations of contravening the Electoral Act. He is accused of unlawfully and unofficially announcing the 30 July 2018 presidential election results.
Biti, the Vice-Chairperson of the MDC-Alliance party was arrested on 8 August 2018 after being returned from Zambia under unclear circumstances.

He was initially charged with contravening section 66(A)(1) of the Electoral Act for allegedly announcing the results of the presidential elections held in July 2018, as well as contravening section 36(1)(a) of the Criminal Law (Codification and Reform) Act.
Biti is represented by Beatrice Mtetwa and Alec Muchadehama, who are members of Zimbabwe Lawyers for Human Rights.

Biti will stand trial on allegations of violating section 66A(1)(a) – unofficial or false declaration of results prohibited, as well as section 66A(1)(b) – unofficial or false declaration of results prohibited.

Prosecutors allege that Biti, who is currently out of custody on bail, unlawfully and unofficially purportedly announced or purportedly declared that the MDC-Alliance party had won the harmonised elections held on 30 July 2018 when in actual fact the Zimbabwe Electoral Commission (ZEC) officials, who are mandated to make the declaration
had not yet declared the official results or winner, in contravention of the Electoral Act.

The prosecutor has lined up six witnesses, who are scheduled to testify against Biti during the trial. The State has notified Biti’s lawyers that it will tender the transcript of Biti’s address at a press conference convened by MDC-Alliance party on Tuesday 31 July 2018 at Morgan Tsvangirai House.

Terrence Mawawa|Auxilia Mnangagwa has won the 2018 Matter Humanitarian Award but many Zimbabweans are sceptical of the sincerity she portrays in public.

Mrs Mnangagwa received the award at a dinner held at State House on Thursday night.

According to The Herald, the award is given by the United States-
based Matter Group to a person who
exemplifies leadership in serving humanity and an inspiration to others.

The award was in recognition of Mrs Mnangagwa’s work through her charity organisation, Angel of Hope.

She won the award at the Matter Annual Gala held in the Unites States last month.

“I will always say, we don’t do good to be thanked or awarded, but we should do so as expected of us as decent human beings,”Mrs Mnangagwa

said.

Terrence Mawawa|MDC deputy president Obert Gutu has literally distanced himself from comments that were posted on Twitter yesterday arguing his detractors are battling to discredit him.

Gutu tweeted on his official account:”
Kindly note that my official Twitter account is @GutuObert and DEFINITELY not @GutuLite ,which is a FAKE Twitter Account created by my detractors. Thank you very much
and God bless!!!”

Below is the tweet in which Gutu allegedly attacked the MDC T spokesperson: “Linda Linda Linda !!! It seems like your spokesperson role is to speak ills about the alliance all the time.Lets desist from these childish acts and focus on key issues.”

The message was posted on the Twitter handle @ GutuLite. Yesterday hundreds of MDC Alliance

supporters hailed Gutu for seeing the light and urged him to emerge out of the cocoon.

THE battle for the control of the opposition Movement for Democratic Change (MDC) has entered new terrain, with party Secretary-General Douglas Mwonzora challenging president Nelson Chamisa’s postponement of the February 2019 Congress.

Chamisa appeared to pull the rug from under the feet of his party rivals yesterday after he announced that the main opposition’s much anticipated congress — which was due to be held in February next year — would now only be held between October and December 2019.

It also comes as the process to choose a new substantive leader for the party — following the death of its much-loved founding president Morgan Tsvangirai early this year — continues to prove hugely divisive.

Fresh fissures have emerged in opposition leader Nelson Chamisa’s MDC — amid damaging allegations of heightened factionalism and the use of “dirty money” to destabilise the party, the Daily News can report.

Party insiders said yesterday that Chamisa’s move to postpone the holding of the planned elective congress to later next year had “greatly angered” his rivals who wished to contest him for the presidency.

Chamisa, who narrowly lost to President Emmerson Mnangagwa in the hotly-disputed July 30 presidential election, assumed the reins of the MDC in contested circumstances following Tsvangirai’s death in February.

“There is dirty money circulating … we know all this and some are now campaigning, but these are premature campaigns,” MDC spokesperson Jacob Mafume told the Daily News yesterday.

“The fact is, the date for our congress is between October to December next year. We had our last congress in 2014, so the congress is not due yet by any imagination.

“We know that there are some people who are being sponsored by Zanu PF to destabilise the party through early congress calls,” he added.

But party secretary-general Douglas Mwonzora — who, it is claimed, is backing the party’s vice president Elias Mudzuri to take on Chamisa when the internal leadership elections take place — appeared to have been taken by surprise by Mafume’s statement on the congress.

“Is this what Mafume said? Let me check with him and I will come back to you,” he said.

On Thursday afternoon, Mwonzora published a letter dismissing any attempts to shift Congress dates as unprocedural.

Mwonzora not only beat Chamisa for the secretary-general’s position in 2014, but has also regularly clashed with him — including over the manner of the interim leader’s ascendancy to the MDC’s leadership, which led to yet another split of the party ahead of the July 30 polls.

Chamisa himself recently used the party’s 19th anniversary celebrations to warn his rivals against pushing for an early congress.

It also comes as the process to choose a new substantive leader for the party — following the death of its much-loved founding president Morgan Tsvangirai early this year — continues to prove hugely divisive.

“The fact is, the date for our congress is between October to December next year. We had our last congress in 2014, so the congress is not due yet by any imagination.

“We know that there are some people who are being sponsored by Zanu PF to destabilise the party through early congress calls,” he added.

But party secretary-general Douglas Mwonzora — who, it is claimed, is backing the party’s vice president Elias Mudzuri to take on Chamisa when the internal leadership elections take place — appeared to have been taken by surprise by Mafume’s statement on the congress.

“Is this what Mafume said? Let me check with him and I will come back to you,” he said.

Mwonzora not only beat Chamisa for the secretary-general’s position in 2014, but has also regularly clashed with him — including over the manner of the interim leader’s ascendancy to the MDC’s leadership, which led to yet another split of the party ahead of the July 30 polls.

Chamisa himself recently used the party’s 19th anniversary celebrations to warn his rivals against pushing for an early congress.

“I have told my colleagues in the top leadership that none of us should go wayward because it will be akin to a fish taking itself out of water, where it cannot survive.

“So, we need to continue to follow Tsvangirai’s way, the party’s ways. Tsvangirai left power for me so that I will also pave way for the next leader, in that order.

“We don’t want a situation whereby someone would want to grab from me what I was given by Tsvangirai before I even start the journey he set me to embark on, yet you don’t even know what he wanted me to achieve.

Fresh fissures have emerged in opposition leader Nelson Chamisa’s MDC — amid damaging allegations of heightened factionalism and the use of “dirty money” to destabilise the party, the Daily News can report.

This comes as Chamisa appeared to pull the rug from under the feet of his party rivals yesterday after he announced that the main opposition’s much anticipated congress — which was due to be held in March next year — would now only be held between October and December.

It also comes as the process to choose a new substantive leader for the party — following the death of its much-loved founding president Morgan Tsvangirai early this year — continues to prove hugely divisive.

Party insiders said yesterday that Chamisa’s move to postpone the holding of the planned elective congress to later next year had “greatly angered” his rivals who wished to contest him for the presidency.

Chamisa, who narrowly lost to President Emmerson Mnangagwa in the hotly-disputed July 30 presidential election, assumed the reins of the MDC in contested circumstances following Tsvangirai’s death in February.

“The fact is, the date for our congress is between October to December next year. We had our last congress in 2014, so the congress is not due yet by any imagination.

“We know that there are some people who are being sponsored by Zanu PF to destabilise the party through early congress calls,” he added.

But party secretary-general Douglas Mwonzora — who, it is claimed, is backing the party’s vice president Elias Mudzuri to take on Chamisa when the internal leadership elections take place — appeared to have been taken by surprise by Mafume’s statement on the congress.

“Is this what Mafume said? Let me check with him and I will come back to you,” he said.

Mwonzora not only beat Chamisa for the secretary-general’s position in 2014, but has also regularly clashed with him — including over the manner of the interim leader’s ascendancy to the MDC’s leadership, which led to yet another split of the party ahead of the July 30 polls.

Chamisa himself recently used the party’s 19th anniversary celebrations to warn his rivals against pushing for an early congress.

“I have told my colleagues in the top leadership that none of us should go wayward because it will be akin to a fish taking itself out of water, where it cannot survive.

“So, we need to continue to follow Tsvangirai’s way, the party’s ways. Tsvangirai left power for me so that I will also pave way for the next leader, in that order.

“Why don’t you wait for me to accomplish that first? Then I will also show you the way when you eventually take over,” Chamisa said.

This came after Chamisa outfoxed long-time MDC vice president Thokozani Khupe and Mudzuri in the battle to control the MDC after Tsvangirai fell gravely ill.

Then Tsvangirai’s spokesperson, Luke Tamborinyoka, announced that his boss had appointed the youthful politician to lead the party while he was receiving treatment for colon cancer in neighbouring South Africa.

Daily News

Terrence Mawawa|The MDC Alliance Women’ s Assembly has conveyed heartfelt condolences to the families and relatives of the victims of the Rusape Bus Disaster.

Below is the MDC Alliance Women’s Assembly statement:”CONDOLENCES TO FAMILIES OF RUSAPE BUS ACCIDENT VICTIMS

On behalf the MDC Women’s Assembly, I wish to express my heartfelt condolences to those who perished in the Rusape Bus Disaster. I have been in shock and pain after
receiving the news.

My prayers are also with those who were injured in the crash.I call upon drivers to exercise extra care and avoid speeding when carrying passengers. To public transport operators I say please strive to promote safety on the roads.

It is my hope that the government will work closely with the affected families and the victims in ensuring that they receive the much needed support and information.

Finally may the souls of those who perished in the fatal accident rest in peace.Hon Lynette Karenyi MDC Alliance Women’s Assembly

Chairperson

ZimEye will be livestreaming the 2018 Parliamentary Pre-budget Seminar which is currently underway at Holiday Inn in Bulawayo.

The seminar is being held under the theme “Enhancing efforts towards stabilising the macro economic environment for inclusive socio- economic development”. VIDEO BELOW:

Refresh this page for updates.

Cottco Acting Chief Executive Officer Pius Manamike and two COTTCO managers have appeared before Harare Magistrate Mrs Rumbidzai Mugwagwa facing charges of US$2 million fraud.

The trio was granted US$500 bail each and ordered not to interfere with state witnesses.

Last night the Zimbabwe Anti-Corruption Commission (ZACC) arrested the COTTCO managers who were fingered in illegal cotton trading, prejudicing the country of millions of dollars.

Managing Director Pious Manamike, Head of Finance Brighton Chibhamu, Lameck Machumi (Sales) and Freight Manager Charles Masunungure were yesterday being held by the anti-graft body for questioning.

ZACC chief investigations officer Alex Masiye confirmed the commission was holding the COTTCO bosses for questioning.

“We are with them (the COTTCO managers) interviewing them. Can you call later,” Masiye said last night.

The four are allegedly part of a cartel of COTTCO executives working with high-profile politicians in illegal trading of cotton, prejudicing the State of over $2.5 million in foreign currency by diverting the white gold meant for export to illegal local buyers.

Only $707 000 was said to have been recovered from the $2,5 million. – state media

Audited financial results for public entities revealed a worrying trend across the board of poor financial management systems and lack of accountability for a number of these entities.

The revelations came in the capital this Thursday during a ceremony to award the few public entities who are preforming exceptionally well in financial management as well as upholding good corporate governance practices.

The Principal Director for Fiscal Policy in the Ministry of Finance and Economic Development Mr Pfungwa Kunaka spoke about the importance and role of the public sector in facilitating the attainment of Vision 2030, hence proper financial management at these entities is critical.

“Government decided to honour those preforming entities as a way of encouragement to those who are not preforming simply because you are the foundation on which the development agenda should be laid upon,” said Mr Kunaka.

Proper handling of finances at state enterprises brings about confidence and trust, thereby enhancing full participation by the citizenry towards a shared vision of building a better Zimbabwe for all.- state media

The Commonwealth Observer Group has released its final report for the 2018 harmonised elections. The Group which was led by former president of Ghana, John Dramani Mahama said that despite several positive aspects from the election, the group was unable to endorse all aspects of the process as credible, inclusive and peaceful.

The group said that there was an unlevel playing field which was caused in part by the acute bias of the state media in favour of the ruling Zanu-PF party, abuse of incumbency privileges, allegations of intimidation and the failure by the Zimbabwe Electoral Commission (ZEC) to fully implement its mandate. In a statement announcing the release of the report, the Commonwealth said,

The Observer Group was led by John Dramani Mahama, former President of Ghana, and included 23 eminent persons. A nine-person staff team from the Commonwealth supported it.

The Report highlights several positive aspects of the election, including a markedly improved pre-election environment where all parties were generally able to campaign freely; peaceful, well managed and transparent polls on Election Day; and the participation of women as presidential candidates, polling officials, and voters.

However, the Group expressed concern about a number of technical and political shortcomings, which, in its view, unlevelled the playing field. These issues included the acute bias of state media in favour of the governing party; the Zimbabwe Electoral Commission’s limitations in the implementation of its mandate; persistent allegations of intimidation; and the unfair use of incumbency privileges. The Group further singled out the post-election violence, which resulted in fatalities, noting that it marred the final phase of the elections.

Because of these shortcomings, the Group concluded that it was unable to endorse all aspects of the process as credible, inclusive and peaceful.

The report from the Commonwealth Observer Group seems to reflect the views of the reports released by the European Union Election Observer Mission (EU EOM) and the joint election observer mission of the International Republican Institute (IRI) and the National Democratic Institute (NDI) from the United States of America.

School uniform prices have gone up by as much as 440 percent, depriving most parents and guardians of the cheer normally associated with the forthcoming festive season.

With the year drawing to an end, it is highly unlikely that families would have excess cash to spend on firecrackers and other luxuries that brighten the Christmas and New Year holidays.

Every little resource is likely to go towards the payment of school fees and acquiring uniforms, whose prices are now beyond the reach of many.

A survey by the Daily News showed that the majority of retail shops are pegging prices of school uniforms in United States dollars, which is the most stable currency.

This means that prices for those buyers using the bond or Real Time Gross Settlement (RTGS) transfer would be at the ruling parallel market exchange rate, which fetches a huge premium.

School blazers which used to cost around $50 at the beginning of the year now cost between $170 and $270 (bond notes or RTGS), according to the survey.

Those with access to US dollars are paying between $60 and $90 for the same product. Girls’ uniforms which were going for about $25 are now priced at between $85 and $102 (bond notes or RTGS) or US$25 to US$30, for those with greenbacks — depending on size.

On the other hand, boys’ uniforms that were priced at $25 previously are now fetching around US$30, with the bond or RTGS price ranging from $70 to $85, also depending on size.

While school shoes were nowhere to be found in most outlets, the popular Toughies brand, manufactured by Bata, was going for $110 (bond notes and RTGS) from $35 at the beginning of the year.

Tied to this development are increases in the price of other learning materials such as stationery. There are also ongoing discussions in schools to increase fees for the coming term while also asking parents and guardians to top up fees for this third term.

Confederation of Zimbabwe Retailers (CZR) president Denford Mutashu told the Daily News that sourcing of foreign currency on the parallel market is triggering the price hikes because it attracts a huge premium.

“The challenge is unavailability of the uniform material in the country and manufacturers have to import, which requires foreign currency,” said Mutashu.

“However, CZR calls for responsible pricing and for retailers not to overcharge despite them sourcing forex from parallel market, because consumers can also buy from outside of the borders,” he added.

-Daily News

FORMER Finance minister Patrick Chinamasa’s daughter, Kangai (38), claims she was assisting embattled businessman and Intratrek owner Wicknell Chivayo purchase “equipment” in the United States when some $187 000 was funnelled into her account.

The money is reportedly part of proceeds from a $5 million loot Chivayo controversially received from power supplier Zesa Holdings subsidiary, Zimbabwe Power Company (ZPC) for the construction of a $5 million solar plant in Gwanda that is still to take off the ground years later.

Documents gleaned by NewsDay that form part of Chivayo’s docket, show that Kangai, a US permanent resident, was employed by Intratrek initially as an “intern” in 2014 before she turned into a “consultant during contract negotiations with a Chinese supplier”.

“I travelled to Chint company and sat for the project negotiations as a financial consultant,” read part of Kangai’s affidavit deposed with the police now forming part of the docket prosecutors have pieced together in a bid to nail Chivayo.

Sometime in 2015, Kangai left Intratrek after getting a place for further study in China and never returned to her position as Chivayo’s employee.

Instead, in 2016, she claims she returned to the US before Chivayo requested to use her Visa account with CBZ Bank for purchase of some “equipment he wanted in the US”, but the money was later transferred into different unnamed accounts at the shadowy businessman’s instructions.

Chivayo is said to have pleaded with Kangai to use her Visa card, arguing it would make it easier than the long-winding processes he was expected to follow if he were to use his own bank accounts in Zimbabwe.

Chinamasa’s daughter claims after agonising over the issue “for personal reasons”, she later agreed.

Chivayo subsequently deposited $187 350 into her account.

“From the deposited amount, $7 300 was for personal assistance … a further $180 000 was disposed by myself on accused’s instructions,” Kangai said.

Chinamasa was this week named as the official who advised ZPC to raise the $5 million Chivayo had demanded for the solar project’s feasibility studies.

“After the accused (former Energy minister Samuel Undenge) had given us the greenlight to pay Chivayo, we approached the then Minister of Finance (Chinamasa), who advised us to raise the money through CBZ Bank,” former ZPC managing director Noah Gwariro told magistrate Esteri Chivasa early this week.

Gwariro spilled the beans while testifying during the trial of former Energy minister Samuel Undenge, who is facing criminal abuse of office charges.

Gwariro said after Undenge instructed ZPC to pay Chivayo, he then approached Chinamasa, who then advised him to raise the money through CBZ Bank.

The ex-ZPC boss said after receiving the orders, he then texted one Engineer Chiwara of Hwange to immediately effect a transfer of $200 000 into Chivayo’s Intratrek’s bank account.

Asked by Undenge’s lawyer Alec Muchadehama if he had evidence to show the court that the former Energy minister pressured him to effect a payment to Chivayo, the ex-ZPC boss said he did not have.

ZPC allegedly released $5 607 814,24 to Intratrek for the project to take off, but Chivayo allegedly converted or transferred the money into various individual and company accounts and did nothing on the ground.

-Newsday

RESERVE Bank of Zimbabwe (RBZ) Governor Dr John Mangudya yesterday defended the use of bond notes, saying the real cause of problems facing the economy was not the surrogate currency, but ballooning electronic balances, which are not backed by productive fundamentals.

Rejecting calls from legislators that bond notes be scrapped as they “have failed,” Dr Mangudya accused parliamentarians of lacking appreciation of real causes of the currency challenge.

He reminded the legislators attending the 2019 pre-budget seminar in Bulawayo that bond notes had to be introduced in 2016 under a $200 million AfreximBank-backed facility as a stop-gap measure to eliminate the then rampant cash hoarding and externalisation of foreign currency, mainly the United States dollar.

The situation was compounded by the $1,35 billion RBZ (Debt Assumption) Act, which was approved by Parliament and signed into law in 2015.

As a result of financial and fiscal indiscipline in the economy, Zimbabwe has plunged into the web of an increasing money supply, spurred largely by issuance of Treasury Bills, which has provoked inflationary pressures.

Dr Mangudya admitted that to date, Zimbabwe has registered close to $10 billion electronic balances at banks, which are not backed by real money.

“In that amount, only 4,5 percent are coins and notes, which is your bond notes and coins,” he said. “Therefore, if we remove them they won’t resolve the problem. The problem is about the 95,5 percent held as RTGS balances in your accounts. Where is it coming from?”

Dr Mangudya said the bloated balances, not bond notes, were causing inflation as they spike spending and pile pressure of little forex reserves.

“So, the question which we should be asking ourselves is where is this money coming from? That’s why we need to plug the holes not from the medium of exchange that you have taken away from the bank. The money in your account didn’t come from bond notes, not at all.”

Dr Mangudya said the other challenge was the fiscal deficit evidenced by Government domestic credit at about $11 billion versus bank deposits of $10 billion.

“So, that’s the burden we are carrying as the Central Bank in trying to fund those balances,” he said. “If we deal with the fiscal rules and principles, then you will find out that everything comes to shape.”

Quizzed on why the official exchange rate between the US dollar and bond note was at par at 1:1 despite parallel market disparities, Dr Mangudya said: “The reason why we have got 1:1 is because there are essential products that we need to import in this economy to have price stability. Our fuel, which is coming here and people are buying it using RTGS, EcoCash whatever it is at 1:1. Your electricity today is imported at 1:1.”

Earlier in his address, Dr Mangudya said the country should forge ahead with measures that stimulate productivity to anchor growth.

“There is no economy in the world which can have a strong currency without a strong base,” he said. “Your currency is as good as your production, and what are you producing Zimbabweans?

“If you are producing nothing you can’t have a higher currency, which is very strong. Therefore, the challenge that you are facing of foreign currency shortages is because we are not working and we must start working very hard.”

State Media

PRESIDENT Emmerson Mnangagwa yesterday vowed to clamp down on cartels involved in various corrupt activities such as fraud, money-laundering, insider trading and manipulation of government procurement tenders, saying these “saboteurs” were behind the country’s current economic meltdown.

Speaking at an annual public sector audit conference and financial management awards ceremony in Harare, Mnangagwa said Zimbabwe had lost millions of dollars to such economic ills and he would not allow cartels to continue sabotaging the economy under his watch.

“It is presently disheartening that the country continues to lose huge sums of money due to fraud, money-laundering, procurement or tender manipulation, insider trading in stock and financial markets, among other ills in both the private and public sectors,” he said.

“In the Second Republic, we will not tolerate the culture of siphoning public funds
through various nefarious activities for personal gain and enrichment. Such propensities are both criminal and retrogressive.”

His statement came as several high-profile arrests have been made in the past few weeks, with the latest being of former Information Communication Technology minister Supa Mandiwanzira and ex-Zimbabwe Revenue Authority commissioner-general Gershem Pasi on allegations of corruption and criminal abuse
of office.

Acting Prosecutor-General Kumbirai Hodzi recently said his team would also be bringing 27 high-profile cases of corruption for prosecution before the courts as government’s anti-corruption crusade deepens.

Mnangagwa also warned he would soon be dealing with tax evaders and non-performing public enterprises to ensure the economy recovers after years of plunder and gross mismanagement.

“Non-performing public enterprises coupled with tax payment evasion and avoidance continues to be an albatross around the neck of government. As we strive to eliminate corruption by 2030, let us in our respective entities always act in the best interest of our country. Auditors are critical in the detection, prevention and exposure of fraud, economic crimes and sabotage,” he said.

Turning to the 2% transaction tax introduced on all electronic money transfers last month, Mnangagwa said it had helped his government reduce the budget deficit and would not be repealed soon.

“The tax is not a hindrance in the ease of doing business. It has helped us reduce the budget deficit. But when the (Finance) minister (Mthuli Ncube) first announced it, it had overlooked a lot of people who, in our view, ought to have been left out,” he said.

“I think he did his best to re-explain it and move out of compliance many categories whom we think will cause a prohibitive manner in doing business.”

Mnangagwa told the conference that the 2% tax would be further strengthened during the 2019 national budget presentation by Ncube on November 22.

“We have our case that we have put a tax, come and argue that this tax is not good, this is democracy,” Mnangagwa said.

“If you succeed, the best argument will win, but for now, the tax is there, and the Minister of Finance will be making a statement very soon. I can safely say he will also look at that in order to improve. I don’t know whether what he will say will improve your position or will improve mine.”

-Newsday

President Emmerson Mnangagwa’s globetrotting is an indication of desperation, the opposition MDC has said.

This comes as Mnangagwa this week travelled to Conakry, Guinea for a two-day State visit meant to consolidate African support for Zimbabwe’s re-engagement agenda.

MDC national chairperson Morgan Komichi said the president should not be looking for solutions outside the country but come home and identify the right people who can assist. Komichi added that by globetrotting Mnangagwa is trying to get international recognition which he is not being awarded as he is illegitimate.

“The globetrotting is an indication of desperation. He is simply looking for a solution to resolve the situation.

“The legitimacy crisis emanated from a rigged election which failed to get international recognition which is a fundamental step for him to get a solution to the economic crisis.

“In globetrotting he’s trying to engage the international community but they don’t want to work with someone who has got legitimacy issues.”

However, deputy Information minister Energy Mutodi said the opposition party is in no position to decide which visit is beneficial to the country or not.

He said Mnangagwa is obliged to respond to other presidents’ mutual calls in line with the country’s business whether they add value or not.

He noted that government is determined to work towards ensuring that things get better in the country as they have also launched the Transitional Stabilisation Programme.

“How can those in the opposition tell which visit is beneficial and which is not beneficial for the country.

“The president responds to bilateral calls by other heads of States to discuss business and it’s certainly subject to probability whether or not any bilateral talks will add value to us.

“That’s the way it is,” Mutodi said.

-Daily News

Despite the sensational accusations by flip-flopping activist Gerald Mutumanje — also known as Acie Lumumba — that seemed to suggest some wrongdoing on the part of businessman Kudakwashe Tagwirei and Reserve Bank of Zimbabwe (RBZ) governor John Mangudya, the Zimbabwe Anti-Corruption Commission this week said it has nothing against the two.

“We have nothing on the RBZ and Tagwirei,” said Zacc’s chairperson Goodson Nguni, when asked whether the corruption-busting unit would take up Lumumba’s claims.

Lumumba has for the past three weeks been making damning allegations against RBZ officials and a fuel mogul whom many thought to be Tagwirei, the founder of Sakunda Holdings.

Early this week, Lumumba said the “Queen Bee” he had been referring to all along as behind the cartel causing havoc in the economy was not Tagwirei, but one JPM, raising speculation that he could be referring to Mangudya, whose initials are JPM for John Panonetsa Mangudya.

The social media, which had made a meal out Facebook posts is now dismissive of Lumumba’s claims, saying he is no longer credible due to his contrasting statements.

-Daily News

President Emmerson Mnangagwa this week acknowledged to business leaders that the country’s economy was in distress and in dire need of immediate rescue, amid rising inflationary pressures and currency volatility.

As the economic turmoil spiralled out of control in recent weeks, Mnangagwa’s government has not shouldered responsibility, instead it has blamed alleged saboteurs and social media for fuelling panic-buying and a resultant spike in prices of basic goods and shortages of fuel, among other essentials.

Last month, monetary and fiscal authorities announced a raft of unpopular interventions which include ring-fencing nostro foreign currency accounts (FCAs) from Real-Time Gross Settlement (RTGS) balances as well as introducing a new 2% tax on intermediated electronic transactions. This created turmoil in the market, while worsening the persisting currency volatility. Officially, government however, still insists that the RTGS and bond note is trading at par with the greenback.

Sources who attended the meeting, which was closed from the media, told the Zimbabwe Independent that Mnangagwa informed business leaders that the situation had deteriorated. However, he did not acknowledge the root cause of the problem — unrestrained government spending and the resultant budget deficit expected to hit US$2,3 billion at year-end.

Mnangagwa, sources said, informed business leaders that hope for the country lay in urgently securing a bailout package, hence the intensification of efforts to re-engage with international financial institutions and bilateral lenders.

In their submissions to Mnangagwa, captains of industry fiercely opposed the suspension of legislation restricting the importation of basic commodities, saying the move could cost 100 000 direct jobs in the manufacturing sector, while a further 400 000 workers in downstream industries would also be cut loose.

This month, government scrapped Statutory Instrument (SI) 122, previously SI 64, which banned the importation of a number of essential commodities. The legislation had been put in place in 2016 to stimulate growth in the local manufacturing sector.

According to a paper presented by industry during the meeting seen by the Independent, business leaders proposed to Mnangagwa that the suspension of the import ban should only be temporary and not go beyond this year.

“Since 2016, there has been a significant increase in employment in the manufacturing sector and those industries directly or indirectly linked to the sector,” part of the submission reads.

“Of the total formal employment, about 100 000 are direct manufacturing jobs while a further estimated 400 000 jobs are those whose industries are dependent or linked to manufacturing. It is all these people and their dependents whose livelihood is under threat due to lack of consistent and comprehensive reforms that support all productive sectors of the economy.”

Industry, according to the paper, also requested for a monthly foreign currency allocation of US$200 million for the importation of core raw materials required to sustain operations.

“(We also recommend that we be allocated) US$200 million worth of currency per month for industry to ensure product availability at affordable prices,” part of the paper reads.

During the same meeting, mining firms represented by the Chamber of Mines requested to have the foreign currency allocated to them by the Reserve Bank of Zimbabwe (RBZ) reviewed upwards in line with US dollar costs that are obtaining in the market in order to restore viability.

The miners in their submissions, also seen by the Independent, proposed that any remainder of “export proceeds paid in RTGS” be translated to their equal US dollar value.

“Most mining companies’ total cost-to-income ratio ranges between 70% and 95%. We also propose that any remainder of export proceeds paid in RTGS be liquidated at fair value in line with obtaining local costs or market conditions as opposed to 1:1”.

-Zimbabwe Independent

Correspondent|THE Zimbabwe Revenue Authority (Zimra) has significantly reduced the quantities of goods that can be brought into the country free of duty. In a memorandum sent by Zimra Head of Technical Services, C. Chiyangwa, to regional and station managers, the new revised list is as follows:

Finance and Economic Development Minister Professor Mthuli Ncube yesterday assured civil servants of a bonus incentive for 2018 whose finer details would be clarified in due course in line with ongoing fiscal stabilisation measures and recognition of hard work.

Speaking on the state of the economy at the ongoing 2019 Parliamentary pre-Budget conference here, Prof Ncube stressed the need to instil fiscal discipline, the lack of which has been blamed for the ballooning Budget deficit in the last few years, resulting in prevailing economic challenges.

In line with the Transitional Stabilisation Programme (TSP) and the drive towards an upper middle-income economy by 2030, Prof Ncube said taming public expenditure, especially wage bill containment, was at the heart of fiscal stabilisation measures while stimulating investment.

He said civil servants will be rewarded for their hard work.

“I feel that we need to walk the talk,” said Prof Ncube.

“In the previous budgets we have said we will do something about making sure that we deal with this issue of freezing non-critical posts, enforcing retirement policy.”

Minister Ncube said, “And the bonus, you know, should not be an entitlement, but it should be within affordable levels.

“So, I won’t say what will happen with bonus this year yet, but you can be sure that we are going to do something that will be a thank you to those who have worked so hard through the year, but at same time cognisant of the need to tighten our belts.”

Under the TSP (2018-2020) launched last month, Government is already implementing a raft of belt-tightening measures to stabilise the economy.

Widening Budget deficit estimated at $2,9 billion in 2018 from $1,4 billion in 2017, has become a headache to Government with its crippling effect evidenced by the foreign currency squeeze and subsequent strain on productive sectors, emergence of the parallel market and rampant price distortions.

These challenges need to be tackled head-on, said Prof Ncube, who rallied the legislature and the private sector to play their part and restore sanity in the country’s economy.

He noted that as efforts were being made to unlock investment opportunities in key sectors of the economy such as agriculture, mining, tourism and services industries, Treasury was also scaling up domestic revenue mobilisation, which will enable Government to finance more development projects and increase social services.

Prof Ncube said this required tightening of surveillance at border posts to weed out corruption.

As such, Prof Ncube said, a new Zimbabwe Revenue Authority board would be appointed soon to do the “right thing” by dealing with graft and improving revenue collection.

Prof Ncube challenged Zimra to work closely with the police and give them the tools they need to police borders, including use of drones.

Government is also paying critical attention to the external sector and is engaging the international community and multi-lateral finance institutions with the view of addressing foreign debt, which hampers the country’s risk profile and ability to unlock fresh lines of credit.

In that regard, Prof Ncube expressed concern over the dilapidated state of infrastructure in key embassies such as South Africa, United States and the United Kingdom.

“These are key missions for Zimbabwe and I must say we need to support those embassies, buildings are falling apart,” he said.

“We have got an ambassador who walks in some streets of a particular capital city, we don’t have an official car to carry His Excellency when he visits.

“While we rationalise we need to pay attention to these key embassies and give a good image.”

Prof Ncube said there was no going back regarding the reforming State-owned enterprises and parastatals some of which will be privatised or liquidated.

-State Media