By Paul Nyathi| Police have arrested Munyaradzi Shoko, the leader of the Children of Zimbabwe War Veterans’ Association (Cozwa), a known critic of President-elect Emmerson Mnangagwa and charged him with criminal nuisance for allegedly posting some offensive statements on Facebook against the ZANU PF party leader.

Zimbabwe Republic Police (ZRP) officers arrested Shoko on Tuesday and detained him at Harare Central Police Station, where they charged him with criminal nuisance as defined in section 46 as read with paragraph 2 (v) of the third schedule of the Criminal Law (Codification Reform) Act Chapter 9:23.

ZRP officers claimed that Shoko, who is represented by Moses Nkomo of Zimbabwe Lawyers for Human Rights posted some statements on Facebook between March and May 2018 criticising Mnangagwa and which read; “At one time he beat up his own biological mother, he was later suspected for killing his own family head-boy. He was pinpointed for being the brains behind Ndebele 1980s scum. His name is generally associated with evil and devilish deeds. Today he is pleading for ur vote. WHAT A SHAME!!!!!!!!.”

ZRP officers said Shoko’s statements were likely to create a nuisance and were likely to interfere with the ordinary comfort, peace or quietness of the public.

ZRP officers also charged Shoko with public violence as defined in section 36 of the Criminal Law (Codification and Reform) Act Chapter 9:23 for allegedly participating in protests staged in Harare early this month over delays in announcing the results of the harmonised elections held last month.

ZRP officers alleged that Shoko engaged in acts of violence in Harare’s Central Business District on Wednesday together with some MDC Alliance party supporters during a demonstration held in the capital city to protest against the Zimbabwe Electoral Commission’s management of the harmonised elections held on Monday 30 July 2018, which reportedly resulted in the destruction of property and left six people dead after they were shot by some members of the Zimbabwe Defence Forces.

Shoko was also charged with assault as defined in section 89 of the Criminal Law (Codification and Reform) Act Chapter 9:23 for allegedly assaulting Energy Mutodi, a ZANU PF member on 25 August 2017 at Holiday Inn Hotel in Harare.

Meanwhile, ZRP officers on Tuesday arrested and charged Musa Chibaya, a resident in Gweru in Midlands province and charged him with malicious damage to property as defined in section 140 of the Criminal Law (Codification and Reform) Act Chapter 9:23.

ZRP officers claimed that Chibaya destroyed a windscreen of a vehicle after clashes broke out between ZRP officers, municipal police and some informal traders.

Chibaya, who is represented by Jabulani Mhlanga of ZLHR is expected to appear in court on Thursday.

Zlhr

By Paul Nyathi|MDC Alliance leader Nelson Chamisa has hailed his legal team led by advocate Thabani Mpofu for presenting very well his appeal case against the presidential election results of the July 30 elections.

In a Twitter message on Wednesday after the Constitutional Court closed for the day until Friday, Chamisa said that his team has unveiled the truth on the elections he insists were rigged in favour of incumbent President Emmerson Mnangagwa and the ruling ZANU PF.

Reads the Tweet:

“Praise be to God!Our esteemed Constitutional Court has just heard our solid case on the theft of the people’s vote.I congratulate our ‘A’ legal team led by Adv T.Mpofu for a superb job.The world now knows the truth.What remains is for justice to be done.#Godisinit“

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A BULAWAYO businessman has appeared in court for allegedly using his registered mining company documents to facilitate the release of 14 kg of gold through a court order in return for a $30 000 kickback.

Lovemore Sibanda (50), who owns Qalo Syndicate at Sun Yet Sen in Plumtree and residing in Khumalo suburb, unlawfully permitted Constable Dingumuzi Ncube and one Jefat Chaganda to use his mine documents and purport to be the owners before securing a court order facilitating the release of 14kg of the gold worth $358 000. Qalo Syndicate is a registered mine under Sibanda’s name.

The gold was later sold at Fidelity Printers and Refiners. The gold was seized by police while being smuggled to Botswana through Plumtree Border. It was subsequently taken to the police station where it was kept as an exhibit.

Sibanda appeared before Bulawayo magistrate Ms Sithembiso Ndlovu facing a charge of defeating or obstructing the course of justice. He was remanded in custody to today for bail application.

Prosecuting, Chief Public Prosecutors Mrs Tariro Rosa Takuva and Ms Nonhlanhla Ndlovu said on July 7 this year, Chaganda was arrested at Plumtree Border Post for unlawful possession of gold and smuggling.

Chaganda was taken to court and during his trial, representations were made to the court that through Qalo Syndicate, he was the purported owner of the gold, which was the subject of the matter.

The court heard that Chaganda was discharged at the close of the State case and the magistrate ordered the release of the gold.

“Soon after the gold was released through a court order, Chaganda took the mineral to Fidelity Printers and Refiners where it was bought for $358 000,” said the prosecutors.

After selling the gold, Sibanda was then given $30 000 for the use of his mine documents while Chaganda and Constable Ncube shared the remainder.

“By allowing such misrepresentations to be made before the court, the accused person prejudiced the trial proceedings, which resulted in the release of the gold into his possession,” said the prosecutors.

In his warned and cautioned statement, Sibanda admitted that he produced documents that were used at the trial giving the impression that the gold belonged to Qalo Syndicate.

In related case the Officer-in-Charge of Plumtree Police Station, Inspector Ginger Vhiyano and six of his subordinates have since appeared in court in connection with the theft of 28kg of gold which was kept at the station as exhibit.

Inspector Vhiyano, Detective Assistant Inspector Luduscious Tinacho, Constables Dingimuzi, Ndabezitha Ncube, Tyson Ruvhando and Godfrey Makuwaza were not formally charged with theft when they appeared before Plumtree resident magistrate, Miss Sharon Rosemani.

They were all remanded in custody to September 3. The seven allegedly hatched a plan to steal the gold and two FN rifles.

According to court papers, detectives from the Minerals and Border Control Unit arrested a suspect who was trying to smuggle 28 kilogrammes of gold through the Plumtree Border Post into Botswana.

The seven then took the gold worth $970 000 as an exhibit and locked it at the police station’s armoury for safekeeping.

The offence came to light on July 15 when Chief Inspector Mangena, who was reporting for duty, noticed that two FN rifles which were booked in the charge office were not physically there in the armoury.

She inquired from Chief Inspector Munasireyi whether he had seen the rifles and he advised her to ask Insp Vhiyano, who had gone on vacation.

Chief Insp Munasireyi went to the armoury and discovered a key inserted in the key hole.

This was witnessed by Chief Insp Mangena and Sergeant Major Shumba who tried to remove it.

Sgt Maj Shumba, who had knowledge of the gold exhibit in the armoury, went in to check and found it missing.

Chief Insp Munasireyi reported the guns and gold missing.

Investigations led to the arrest of Constable Dingumuzi who was allegedly sold out by a prophet whom he had consulted to evade arrest and paid him with gold.

On his arrest, he implicated the other six including Insp Vhiyano leading to their arrest.

State Media

https://twitter.com/Prydhomb/status/1032506322066001920

By Farai D Hove| Former President Robert Mugabe must be protected from possible harm, the outgoing EU envoy Phillip Van Damme has said.

Making comments in a speech on Wednesday, ambassador Van Damme said,  “former President Mugabe appeared to be a frail, old, lonely man the last time I saw him.

“Now he is also bitter. We have to encourage him to prepare spiritually and physically for his final departure, and protect him from possible harm.”

Van Damme is this month rounding up his mission to Zimbabwe as he is re-deployed elsewhere.

AN Esigodini gold panner allegedly beat his 15-year-old daughter to death with a “car tyre whip” after finding out that she had a boyfriend.

Mandlenkosi Maphosa (38) of Tshakambeba Village allegedly whipped his daughter, Lubelihle Maphosa, leaving bleeding cuts all over her body.

A court heard the minor died in agony five days later after Maphosa refused to take her to hospital and kept her hidden in his house.

Maphosa allegedly made a false report to the police saying she had been attacked by unknown assailants.

Maphosa was not asked to plead when he appeared briefly before Gwanda provincial magistrate, Mr Maphios Moyo facing murder charges. He was remanded in custody to September 3.

Prosecuting, Ms Teererai Mahohoma said Maphosa flogged his daughter on August 13.

“On August 13 Maphosa beat up his daughter with a tyre-made whip several times all over the body as a way of reprimanding her for having a boyfriend. She sustained injuries from the assault and Maphosa concealed what he had done by refusing to take her to the hospital.

“She died on August 18 as a result of injuries sustained during the assault and Maphosa went on to report to the police that his daughter was attacked by unknown assailants while she was on her way home at night in order to conceal the offence. Police carried out investigations and discovered that someone had seen Maphosa assaulting the now deceased which led to his arrest,” said Ms Mahohoma.

State Media

Chigumba's Lawyer, Kanengoni Was Eloquent But Not Solid On Evidence

— ZimEye (@ZimEye) August 23, 2018

A-24-year old man from Beitbridge has died in the intensive care unit at Harare Central Hospital two weeks after a rival allegedly struck him with a stone during a beer brawl.

The suspect is still at large.
Innocent Mashindi of Nottingham Estate was transferred to Beitbridge District Hospital from Nottingham Clinic, but due to his worsening condition, was later transferred to Harare Central Hospital where he died on Monday.

Richard Siziba (25) of Ntepe area, under Chief Marupi in Gwanda had attacked him at around 8PM on August 4 at Nottingham Estate. Police are hunting for the suspect.

Matabeleland South police spokesperson Chief Inspector Philisani Ndebele appealed to members of the public who may have information on Siziba’s whereabouts to contact their nearest police station.

“I can confirm we are investigating a case of murder where a man was hit with stones during a beer brawl over an undisclosed issue on August 4.

“The now deceased sustained serious head injuries and was transferred to Harare Central Hospital where his condition continued to deteriorate until his death on Monday.
“We are treating the matter as murder and have since embarked on a manhunt for the suspect who is at large.

“We are appealing to anyone with information that may result in the arrest of the suspect to contact their nearest police station,” he said.

Chief Insp Ndebele warned the public against violence saying they should learn to resolve their differences amicably.

“Police are appealing to people to solve their differences amicably and not to resort to violence.

“When in disputes, it’s wise to engage third parties and avoid acting on instant instincts which result in violence,” he said. – state media

A Bartender from Ntabazinduna allegedly stabbed a customer twice with a knife for “disrespecting him.”

Mr Givemore Zhou (25) was admitted to the United Bulawayo Hospitals after Nkosilathi Mpofu (26) brutally attacked him. Mpofu pleaded guilty to attempted murder when he appeared before Bulawayo Magistrate Ms Nyaradzo Ringisai who remanded him in custody to August 27.

Prosecuting Mr Dumisani Ndlovu told the court that on January 28, Mr Zhou was drinking beer at Phephetha Bottle store where he had a heated argument with the bartender.

“Mr Zhou went to the counter and asked Mpofu when he will return a gold surveying machine that was stolen under his watch.”

Mpofu told the court he was not happy with the way Mr Zhou talked to him about the machine.

“Mr Zhou was so disrespectful when he asked me about the machine and the worst thing is that he asked me as if l was the one who had stolen it,” said Mpofu.

The two had a long argument at the counter. Mpofu told Mr Zhou to wait for him while he proceeded to the kitchen. “I saw Mpofu coming from the kitchen with a knife but I never thought he wanted to use it on me. He stabbed me with the knife on the chin and on the right rib, saying l had disrespected him,” said Mr Zhou. “I staggered to the main road to find transport where I fainted,” he added. The court heard a Good Samaritan rushed Mr Zhou to hospital.

Mr Zhou said he met Mpofu at Basch Street Terminus, commonly known as Egodini, when he was discharged from hospital. Mpofu tried to hide but Mr Zhou saw him and pretended to have not seen him. Mr Zhou alerted the police who arrested Mpofu.

State Media Report –

The Zimbabwe Broadcasting Corporation (ZBC) television was the people’s favourite yesterday, as they watched a live broadcast of the Constitutional Court petition hearing in which MDC Alliance leader Mr Nelson Chamisa is challenging President Mnangagwa’s victory in the July 30 harmonised elections.

From the country’s oldest city of Masvingo to Harare, Bindura and Chinhoyi, among other cities and towns, it was all eyes on the small screen. The ZBC broadcast the Constitutional Court proceedings from morning until it ended early in the evening.

This was a first by the ZBC television, and Zimbabweans across the political divide were hooked to the live broadcast that gave them an opportunity to follow proceedings as they happened.

Chief Justice Luke Malaba announced that the court will make a ruling at 1400hrs tomorrow.

In the Central Business District in Harare, people thronged shopping malls, coffee shops and bars to watch the court proceedings.

Those who had experienced challenges at their homes headed for the city centre where power is guaranteed, to watch the proceedings.
A Harare resident, Mr Munyaradzi Makaza said the Constitutional Court hearing was important for the future of the nation.

“These proceedings are of paramount importance to our democracy as a nation and the future of Zimbabwe lies on the Constitutional Court’s verdict,” he said.
“It is my hope that the judges will be fair and believe me, whatever the verdict we must move on as a country.”

Ms Felistas Samoyo (27), also of Harare, said she was following proceedings personally because she did not trust secondary sources.

“I have been following the proceedings since morning because the social media and other sources cannot be relied on nowadays,” she said.

“I am dedicating my time to the court proceedings so that l am fully informed. I just pray that the outcome from all this will lead us to a better Zimbabwe.”

Another Harare resident, Mr Nathan Masango (42) chose to watch the Constitutional Court proceedings in the city centre, as there was no electricity at home.

“When l left my house, there was no electricity, that is why I made an effort to get into town and watch it from my usual drinking spot,” he said.

“This is a day that most of us have been waiting for. We are also happy that so far there is no violence, people are following proceedings in the court peacefully.”
Another Harare resident, Mr Enias Chisango urged Zimbabweans to accept the court verdict once it is passed.

“I hope that people will be able to accept the court’s ruling and be able to stay calm, maintaining the peace and focusing on the future,” he said.
“Our fate is in the hands of those nine judges today. We are confident that whatever leadership is coming in, it has Zimbabwe’s best interest at heart.”

The Masvingo Bureau reported that the Central Business District in the country’s oldest city was deserted as people stayed at home to follow proceedings on their television sets.
“The CBD was virtually empty,” reported our Bureau Chief George Maponga. “People were at home glued on television and following the Constitutional Court proceedings. The CBD only returned to life after the case had ended, but debate in bars, kombis and other public spaces was centred on the Constitutional Court hearing.

“People are still talking about the ramifications of the petition and the likely verdict by the Constitutional Court.”

In Bindura, scores of people thronged internet cafes, the Two Pubs at Hala Hotel and Chipadze Shopping Centre to follow the court proceedings.
So huge were some of the gatherings that they exceeded those witnessed when people watch the English Premier League, which is popular with many Zimbabweans.

Some people in Bindura complained of the big English words used by some members of the legal teams, which made it impossible for them to get some of the arguments.
“Although we could not comprehend much of the legal jargon, we still keenly followed what was happening in Harare,” said Mr John Kari.

“We are part of the history making process. We are tired of the lies being peddled on social media and want to thank Government for affording us this opportunity to watch the proceedings at the Constitutional Court live. We want to move forward with our lives.”

A taxi driver in the mining and farming town, Mr Noah Kambudzi, who was following proceedings from a packed Hala Hotel Bar, said the lawyers for all the parties put up a good show.

“It was my first time watching a Constitutional Court hearing,” he said. “I must say I was impressed by the Zimbabwe Electoral Commission’s lawyer Mr Tawanda Kanengoni for being articulate.

“We now eagerly await the ruling on Friday. We also showed the world that we have some of the best legal brains. We now want peace to prevail in the country, with everyone working towards Zimbabwe’s success.”

In Mashonaland West Province, it was reported that it was all eyes on the television.
In Chinhoyi, people gathered in bars and hotels which dutifully tuned in to the national broadcaster, ZBC, which was granted rights to distribute the live signal for the Constitutional Court hearing.

Others followed on social media platforms like Facebook and WhatsApp. But some complained that they could not fully comprehend the legal jargon which characterised most of the discourse.

Others were only happy to follow the historic proceedings and hoping to have them broken down by mainstream media. Bar operators reported an increase in the number of patrons after 1700hrs, as many people had knocked-off from work.

“We had to temporarily suspend airing of football which is our draw card, as patrons indicated a desire to follow proceedings at the Constitutional Court,” said a bartender at Muzimba Shops in Cold Stream suburb.

“We had more people than we would ordinarily have during mid-week.” In Bulawayo many workers abandoned their workstations to follow proceedings in the bars and hotels in the CBD.
At one of the hotels in the city which has a television in the restaurant, many people followed proceedings while standing because the chairs were not enough. – state media

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Who has won today's court case? – LIVE On ZimEye

— ZimEye (@ZimEye) August 22, 2018

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Justice Makarau draws attention to section 169 of the electoral act and its effect on process. Makarau might seek to use this to dissent…

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Terrence Mawawa

Advocate Lewis Uriri who is leading Emmerson Mnangagwa’ s legal team is now responding to MDC Alliance lawyer Thabani Mpofu’ s argument.

Uriri has urged the court to dismiss Mpofu’ s argument that there is overwhelming evidence to nullify Mnangagwa’ s victory.

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Chigumba Photo-Bombs Court LIVE Coverage | WHY DOES SHE APPEAR WORRIED THROUGHOUT?

— ZimEye (@ZimEye) August 22, 2018

 

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Justice Malaba asks Chamisa’s lawyer why they decided to deal with secondary evidence instead of primary evidence; This would have meant providing original V11 forms, which could have compared with those obtained after opening sealed ballot boxes, he says…

Chigumba Photo-Bombs Court LIVE Coverage | WHY DOES SHE APPEAR WORRIED THROUGHOUT?

— ZimEye (@ZimEye) August 22, 2018

 

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Chigumba Photo-Bombs Court LIVE Coverage | WHY DOES SHE APPEAR WORRIED THROUGHOUT?

— ZimEye (@ZimEye) August 22, 2018

 

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By Paul Nyathi|The constitutional court has so far been discussing concerns by the ZEC and Zanu PF lawyers who want the court not to hear the submissions by respondents supporting Nelson Chamisa, while Chamisa’s lawyer and the respondents want to be heard.

The verdict now rests with the ConCourt bench.The court took a 20 minute break as the judges deliberate on the various submissions by parties.

The lawyer representing ZEC concurs with Adv. Uriri that the respondents in the matter had two options, which are to file opposing papers or not to file any papers, but not to support the applicant.

Adv. Thabani Mpofu, representing Nelson Chamisa, argues that the submissions by respondents supporting Chamisa be considered by the court but Adv. Lewis Uriri, representing Emmerson Mnangagwa, says otherwise.

Elton Mangoma’s lawyer confirms that he has filed opposing papers but will not necessarily disagree with everything the applicant has raised in his petition.

The court is back in session to present judgement on the preliminary issue.

11:54
The court adjourns for 20 minutes to deliver judgement on preliminary issues
11:48
The respondents are trying to bring their own application through the back door and they must be struck off, adds Kanengoni
11:47
Those papers should be disregarded by the court, they are out of court and they are out of time, says the ZEC lawyer
11:47
The respondents are presenting a counter application under the guise of opposing papers, says Kanengoni
11:47
Respondents cannot apply through opposing papers to challenge the results of the presidential elections as they had the seven day period to seek that relief that they are now seeking in their opposing papers. – Kanengoni
11:46
Kanengoni says the papers filed by some respondents are not in essence opposition papers but founding affidavits
11:46
Zimbabwe Electoral Commission attorney Tawanda Kanengoni takes to the stage
11:45
These respondents are not proper respondents, the interest that we relate to is a legal interest. The law defines a respondent as a person whose position arising out of an election is complained of. – Uriri
11:41
In Brief

Zimbabwe’s Constitutional Court on Wednesday began to hear an opposition petition seeking to overturn the presidential election result, in a legal challenge seen as unlikely to succeed despite allegations of vote fraud.

The Movement for Democratic Change (MDC) has accused the ruling Zanu-PF party and the election commission of rigging the July 30 vote, Zimbabwe’s first poll since the ousting of Robert Mugabe last year.

Chief Justice Luke Malaba opened the televised proceedings in Harare, where the court premises was surrounded by high security. Mugabe’s successor, Emmerson Mnangagwa, won the election with 50.8% of the vote – just enough to avoid a run-off against the MDC’s Nelson Chamisa, who scored 44.3%.

“It’s D-Day for us. Our team is ready. We have got all the evidence to prove in court that our position is correct – our party won the elections,” MDC national chairman Morgan Komichi told reporters outside the courtroom. – AFP

11:34
Uriri says the respondents are in fact applicants because they are aggrieved candidates who lost in the elections
11:33
Uriri says the other respondents should have filed separate applications challenging Mnangagwa’s victory
11:32
Uriri says the purpose of a notice of opposition is to oppose an application adding a substantive relief cannot attach through a notice of opposition
11:28
Mnangagwa’s lead attorney Advocate Lewis Uriri takes the stage
11:26
Mpofu says there is nothing that stops the court from treating respondents who are not opposing the application as co-applicants
11:24
The attitude adopted by a respondent is his alone, says Mpofu
11:23
Mpofu says once it is accepted that we are dealing with an application not a petition, it means that all the cited persons have the right to respond
11:21
Chamisa’s lawyer Thabani Mpofu takes the stage
11:19
“Mangoma cannot be put out of the court because he was at high risk if he had not filed his response therefore he must be heard,” says his lawyer Manjengwa
11:16
Presidential candidate Elton Mangoma’s lawyer says the duty of the court is to enquire and when it comes to electoral petitions the court must move away from traditional strict practice in order to reach a decision that is informed

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By Own Correspondent|Vengai Vonga who stood as National Patriotic Front (NPF) council candidate in July 30 elections was hauled before Karoi court facing murder charges.

He was losing council ward ten in Karoi ward 10n, Hurungwe Central constituency.

The ward was won Movement for Democratic Change Alliance candidate Ranganai Hungwe who beat outgoing Zanu PF Fortune Madamombe and independent Clive Chavhunduka.

Vonga was aligned before magistrate Samuel Chitumwa together with Francis Makaza (37) and Anywhere Chaona (26), who stay at Wedzera Service Station employed by Moscht Security company.

Vonga stays in Chiedza high density suburb.

The trio are facing murder and robbery charges following the death of Karoi businessman Ashwinbhai Rama who was robbed and fatally shot in May.

He was robbed of his cash and mobile phones.

They were remanded in custody till 22 July and advised to go to High Court for bail application.

They were arrested after being found in possession of the deceased’s phones.

Prosecutor James Phiri told the court Vonga and his accomplices committed the offence on May 17 around 6:30pm at Rama Wholesalers.

They were armed with pistols and a rifle.

The state outline is that the three arrived at Rama Wholesalers, accused force-marched security guard Luke Samuel Nyika and three other workers Chido Fungulani, Shame Masava and David Mukali who were doing stock taking into Rama’s office where he was counting his daily takings, before ordering them to lie down.

The late Rama resisted and was allegedly on both legs before hitting him on the head with an iron bar.

Accused persons then broke a cash safe and stole $1 598 before demanding mobile phones from Fungulani, Rama and Masava.

Deceased was left lying in a pool of blood but passed on his way to Harare.

A manhunt was launched that saw arrest of Vonga and Makaza who had the stolen phones.

They implicated Chaona.

Media Statement|The MDC-T notes with great concern the turmoil our nation is in. As a party which is underpinned by constitutionalism, nonviolence and nondiscrimination, we condemn the reckless and irresponsible statements uttered by the War Veterans today. War veterans should respect Zimbabweans and their divergent views. We expect positive contributions towards reconstruction and rebuilding of Zimbabwe rather than threatening innocent Zimbabweans.

Constitutionalism is our distinguishing principle, which is inspired by Zimbabweans desire for justice, respect for the rule of law and accountability. The struggle for justice is beyond self interest as leaders including MDC-Alliance leaders or even ZANU-PF but it’s for national interest and posterity of Zimbabwe.

As the MDC-T, we have remained true to our principles and have always played the constitutionalism card since our country has always been in a state of a constitutional crisis since 1980. No sector is more Zimbabwean than the other including war veterans. While we differ with MDC-A on some matters we believe Nelson Chamisa, Tendai Biti and Robert Mugabe are citizens with full political rights as enshrined in the constitution and they should be allowed to enjoy their constitutional right without fear or favour. We do not accept comparing Marikana with Harare cold blood murders by the army. African blood should not be shed for political expediency neither should it be wasted in supposedly democratic countries.

Zimbabwe is founded on the respect of the supremacy of the constitution, rule of law, fundamental human rights, recognition of and respect of the liberation struggle as enshrined in section 3 of the constitution of Zimbabwe. We are calling upon all stakeholders of Zimbabwe that is political parties, war veterans, social movements and the electorate to abide to the principles and values of our constitution in our quest to foster unity in our diversity, peace and stability.

No one deserves to die for holding a differing political opinion or to be insulted for subscribing to a different political ideology. We are calling for all Zimbabweans to respect the due process of the law despite the reservations some people might have. Tolerance in our diversity is key at this juncture of electoral conflict.

To the contrary of propaganda doing the rounds on social media, MDC-T President Dr. Thokozani Khupe did not endorse 2018 harmonized elections as free and fair. We also have our own reservations and complaints have been lodged with ZEC. The MDC-T will abide to whatever verdict the constitutional court will pass.

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

FORMER Bulawayo Deputy Mayor Alderman Alexius Mackson Sibanda has died.

Ald Sibanda (73) died on Friday and will be buried tomorrow at Athlone Cemetery.

Bulawayo City Council senior public relations officer Mrs Nesisa Mpofu paid tribute to Ald Sibanda for his contribution towards the city’s development agenda. “The chairperson of the City of Bulawayo Commission V Mehta and Commissioners, Thandiwe Mlobane and Provincial Administrator, Khonzani Ncube, Town Clerk, Mr C Dube and Heads of Council Departments and staff have learnt will great sadness the untimely passing on of Alderman Alexius Mackson Sibanda on the 17th of August 2018,” said Mrs Mpofu.

“The City of Bulawayo extends its heartfelt condolences to the Sibanda family. His contribution to the development of Bulawayo is treasured.”

She said Ald Sibanda served as a councillor from 1991 to 2001, held the deputy mayor post and some committee positions.

“He chaired the Health, Housing and Education Committee during the 1996-97 Municipal years. Alderman Sibanda was also Chairperson of the Finance and Development Committee during the 1999-2001 Municipal years. He served as the Deputy Mayor of the City of Bulawayo during 1997-1998,” she said.

Mrs Mpofu said Ald Sibanda was member of committees including the Future, Water Supplies and Water Action, Executive Committee member and Town Lands and Planning Committee.

She said he represented council in several organisations during his tenure as a councillor for Bulawayo which includes consumer services committee of the Zesa board among others.

Prior to his election to a political office, Mrs Mpofu said, Ald Sibanda was a teacher before working in various private organisations.

“Before he was elected as a councillor, he was a teacher from 1965 to 1969 and worked as a store man from 1970 to 1979 at Rhodesia Railways. Alderman Sibanda was also a Religious Education Officer from 1980 to 1983 at the International Labour Organisation until he was employed at the National Railways of Zimbabwe where he worked as a Registry Clerk from 1984 to 1989. He was promoted to Personnel Clerk in 1989 until he retired,” said Mrs Mpofu.

State media

By Paul Nyathi|Zimbabwe Broadcasting Corporation (ZBC) CEO, Patrick Mavhura has assured the nation and the international community that the national broadcaster is ready to beam live the Constitutional Court ruling on the presidential elections contest set for Wednesday.
Mavhura said ZBC is also ready to provide feed to other local and international broadcasters who wish to subscribe with the state broadcaster.

“We are ready and I can categorically state that we have the technical capacity to broadcast live the Constitutional Court proceedings. We have been doing this, we have the state of the art high definition equipment which can provide feed to other broadcasters. I also want to assure other stations that we will provide telecasting that is direct feed without ZBC’s comments, already we have started broadcasting live our new and current affairs from the Constitutional Court so we are ready,” said Mavhura.

The ZBC is likely to make a killing after securing a front row seat and monopoly to carry the signal of the July 30 presidential results challenge set for today at the Constitutional Court (ConCourt).

ZBC, after being handed sole rights to broadcast the court proceedings, has gone out charging up to $13 000 for a live signal per day on television and $5 000 for radio broadcast, a move that triggered an outcry from industry players.

Media Institute of Southern Africa (Misa)-Zimbabwe, through an urgent application at the ConCourt heard in chambers, immediately challenged the monopoly granted to ZBC.

The media advocacy group argued that the national broadcaster had no capacity to efficiently carry the signal and lacked sufficient reach.

Chief Justice Luke Malaba heard the matter, which was opposed by President-elect Emmerson Mnangagwa and dismissed it with punitive costs to be paid by Misa-Zimbabwe.

Mnangagwa’s lawyer, Paul Mangwana said the victory was a sign of things to come in the main challenge.

“We defeated them today (Tuesday). This is a sign of what is going to happen in the main challenge, we are in high spirits after this victory.”

Nine Constitutional Court (ConCourt) judges will today preside over a matter which will decide on who will lead Zimbabwe for the next five years.

Chief Justice Luke Malaba will lead a cast of eight judges picked from the 14 Supreme Court judges. These include Deputy Chief Justice Elizabeth Gwaunza, former Zimbabwe Electoral Commission (Zec) chairperson Justice Rita Makarau, Justices Paddington Garwe, Chinembiri Bhunu, Baratkumar Patel, Ben Hlatshwayo, Tendai Uchena and Lavender Makoni.

Below are brief profiles of each of the judges:

Chief Justice Malaba

Chief Justice Luke Malaba

Justice Malaba studied in the United Kingdom and locally at the University of Zimbabwe. He worked his way from being a prosecutor, magistrate to the Supreme Court inside 20 years when he was appointed by former President Robert Mugabe in 2001. He became Deputy Chief Justice in 2008 before taking over as Chief Justice last year.

Some of his most notable rulings include a dissenting judgment in the controversial 2013 case in which Harare man Jealousy Mawarire sued Mugabe compelling him to set the election date. Justice Malaba also dismissed an application by Mike Campbell and a group of white former commercial farmers who had taken their case to the Sadc Tribunal challenging seizure of their farms. The group won the case, but failed to enforce it in Zimbabwe after Justice Malaba dismissed their application on grounds that the Sadc Tribunal had no jurisdiction over the matter and that the Supreme Court was not obliged to comply with or enforce the orders.

Justice Gwaunza

Justice Gwaunza was admitted as a legal practitioner of the High Court of Zimbabwe in 1987. She co-founded and was the national co-ordinator of the Women and Law in Southern Africa Research Project between 1989 and 1995. She went on to work in both private and public sectors before she was appointed High Court judge in 1998 before being elevated to the Supreme Court in November 2002, becoming the second woman to get the honour after Justice Vernanda Ziyambi.

In May this year, Justice Gwaunza led the ConCourt in dismissing an application by three citizens demanding that Zimbabweans across the world be allowed to vote in last month’s elections. Ironically, Chamisa’s lawyer Thabani Mpofu represented the three diasporans, Gabriel Shumba, Sibonile Mfumisi and Darlington Nyambiya. Justice Gwaunza is also the first woman to hold the post of Deputy Chief Justice of Zimbabwe.

Justice Garwe

Justice Garwe is one of the most experienced jurists who will sit on the bench tomorrow. He joined the legal fraternity in 1979, and began working his way from a young assistant magistrate, clerk of court and prosecutor before being appointed full magistrate in February 1980.

From there, Justice Garwe rose through the ranks, becoming a regional magistrate at age 26 in 1984, and chief magistrate at only 31 before making his way to the High Court at age 35 as one of the most promising legal minds of his generation. He was made Judge President of the High Court of Zimbabwe in 2001 and promoted five years later to the Supreme Court. In 2013, he became a judge of the Constitutional Court.

His highest profile case was the trial of now late former Prime Minister and opposition MDC-T leader Morgan Tsvangirai in the infamous treason case where he acquitted the former trade unionist for lack of sufficient evidence to nail him. Garwe also ruled in favour of white farmers at the height of the land reform programme.

Justice Bhunu

Justice Bhunu was appointed Senior President of the Labour Court in 2001 before joining the High Court in 2003. He then moved to the Supreme Court and eventually Constitutional Court in 2015.

Justice Bhunu’s most notable case was the conviction and jailing of three MDC-T activists Yvonne Musarurwa, Tungamirai Madzokere and Last Maengahama to 20 years each for the murder of police Inspector Petros Mutedza. The marathon trial lasted five years and was only concluded in September 2016.

Justice Makarau

Zimbabwe’s first female Judge President, Justice Makarau studied law at the University of Zimbabwe and began her career as a public prosecutor. She left to go into private practice before returning to public service as secretary for legal affairs at the then Parastatal Commission in 1988. She served in the Constitutional Commission from 1998 to 2000 before she was appointed High Court judge in December 2000. Six years later, Justice Makarau was appointed Judge President and in 2010 was promoted to the Supreme Court. Three years later, Justice Makarau was at the formation of the Government of National Unity appointed Zec chairperson.

She was to leave the position in a cloud in the aftermath of former President Robert Mugabe’s ouster and was replaced by current Zec chairperson Justice Priscilla Chigumba.

Among her major rulings include granting women the right to help children access identity documents after former Zanu PF MP Margaret Dongo brought a case before the courts. Dongo had been turned away by the Registrar-General Tobaiwa Mudede’s Office where she was told she was not the natural guardian of her child.

Justice Patel

Justice Patel went to the then University of Rhodesia where he studied law and qualified as a barrister at Inner Temple in England about 1975. He obtained his master’s degree in law with the University College, London.

He returned to Zimbabwe and worked in the public service as legal counsel. In 1993 he headed the division of legal advice in the Attorney-General’s Office before his appointment as Deputy Attorney- General in August 2000. Twice he acted as acting Attorney-General between appointment as High Court Judge in 2005. In 2013, Justice Patel was appointed to the Supreme Court as Judge of Appeal and simultaneously as a Constitutional Court judge.

Known for his sharp constitutional logic and reasoning, Patel penned the judgment that reversed the High Court decision in the Zibani v JSC (Judicial Service Commission) matter where the court ruled that a constitutional provision was unconstitutional. Justice Patel reasoned that the Constitution could not be replaced or subverted based on a Cabinet intention to amend the Constitution. Together with his fellow justices, the case was dismissed, and the judgment is still seen as one of the most spirited protections of the Constitution and the independence of the judiciary despite the amendment allowing the President to appoint the Chief Justice and the Judge President circumventing the public interviews. Along with Justice Malaba, Justice Patel issued a dissenting judgment in the Mawarire case that pushed Zimbabwe into snap elections in 2013.

Justices Hlatshwayo

Justice Hlatshwayo was appointed as a High Court judge in the year 2000. He was later promoted to the Supreme Court in 2013. In the same year, Justice Hlatshwayo was also appointed as a judge of the Constitutional Court.

Justice Hlatshwayo was part of the Supreme Court bench that ruled in favour of Masvingo’s first black mayor Thomas Zawaira’s 10 children born out of wedlock giving them right to inheritance. Zawaira died in 2003. After his death, his estate was shared between his wife Felistas and her six children.

The Supreme Court reversed the High Court decision arguing all the children are entitled to an inheritance, in the same way, they are entitled to maintenance. The court also said that spouses of cheating partners can sue for adultery

Justice Uchena

Justice Uchena was appointed President of the Administrative Court in 1998. In 2003, he was appointed as a High Court judge. He was promoted to the Supreme Court and to the Constitutional Court in September 2016.

In February 2018, Justice Uchena was appointed as head of the Commission of Inquiry of Sale Of State Land. The Commission was created to look into the sale of State land in and around urban areas since the year 2005. It was given 12 months from the day of the appointment to conclude its task.

Justice Makoni

She is one of only two appointees to the ConCourt bench by President Emmerson Mnangagwa since he took over power last year. Justice Makoni has 14 years’ experience on the High Court bench as the head of the Civil Division.

By Paul Nyathi|The Media Institute of Southern Africa Zimbabwe, MISA, has reacted to the Constitutional Court judgement passed against it on Tuesday claiming that the judgement was not well thought out.

Chief Justice Malaba on Monday dismissed MISA Zimbabwe’s urgent chamber application after hearing it in his chambers. In the application filed at the Constitutional Court on 18 August 2018, MISA sought permission to live stream the election challenge hearing scheduled for 22 August 2018.

Presidential candidate Emmerson Mnangagwa, the Zimbabwe Broadcasting Corporation (ZBC), and the Judicial Service Commission opposed the application. All three parties argued that ZBC is capable of providing adequate live broadcasting services needed to cover tomorrow’s court case.

The court held that in its papers MISA failed to establish a case that justifies the use of livestreaming services in addition to the traditional broadcasting services offered by the ZBC. The court further held that parties interested in broadcasting or streaming tomorrow’s proceedings must engage ZBC and acquire ZBC feed at rates determined by the broadcaster.

ZBC is reportedly selling access to its live feed for prices ranging from $4,025.00 to $13,070.00. Those are the charges for access to a live social media stream for the duration of the court hearing and for television access for the duration of the court hearing respectively.

In a statement, MISA discredited the judgement.

“MISA Zimbabwe respectfully disagrees with the court’s ruling for three reasons;
Firstly, this afternoon’s decision undermines efforts to establish media plurality in Zimbabwe by breaking ZBC’s monopoly in the Zimbabwean broadcasting landscape.

Secondly, only a few local media houses with an interest in broadcasting tomorrow’s hearing will be able to afford ZBC’s exorbitant access fees.

Lastly, it is an established fact that social media now has a wider reach in Zimbabwe than traditional broadcasting methods,” the media monitoring group said.

The Africa Judges and Jurists Forum (AJJF) has dispatched senior judges and jurists to observe MDC Alliance leader Nelson Chamisa’s presidential court challenge against President-elect Emmerson Mnangagwa, set to be heard at the Constitutional Court (ConCourt) starting today.

Arnold Tsunga, Africa director at International Commission of Jurists, yesterday disclosed that three jurists had already been accredited to observe Chamisa’s presidential petition.

“The Africa Judges and Jurists Forum will be represented by secretary-general Martin Masiga from Uganda, Retired Chief Justice Earnest Sakala of Zambia and Justice Isaac Lenaola from the Supreme Court of Kenya,” Tsunga said.

“The AJJF works closely with the International Court of Jurists and the latter strongly supports the mission.

He added: “The three are already in the country and have been accredited.”

The AJJF, headquartered in South Africa, was formed by African judges and jurists to create space for African judges and jurists to promote the rule of law and development in the region.

AJJF, in a statement, said the observation mission will focus on the proceedings of the case’s compliance with regional and international human rights law and standards on fair trial.

“These norms are substantially reflected in the Constitution of Zimbabwe. Members of the observation mission will sit and follow proceedings from the courtroom,” part of the statement read.

“At the end of the exercise, the observers will compile and release an independent and impartial report, stating their conclusions on the fair trial dimension of the proceedings. In appropriate cases, they may make recommendations they deem necessary for the improvement of the administration of justice in the future.”

Masiga said in an environment of polarisation and tension, the presence of international observers gives the litigating parties and their supporters a sense of international assistance and renewed confidence.

“The presence of the observation mission should help to make sure that justice is both done and seen to be done,” Masiga, who is the founder member and incumbent of the forum, said.

Chamisa’s court challenge is expected to be attended by many diplomats and foreign journalists.

News Day

A BUSINESSMAN who fatally assaulted Bulawayo City Council Assistant Director of Engineering Services, Engineer Mbuthi Gugu Mkhwananzi, after the two clashed at a girlfriend’s house, was yesterday sentenced to 17 years in jail.

Spencer Sithole (34) of Hillside suburb in Bulawayo punched his rival suitor Mkhwananzi (47) and struck him using a dressing table wooden stool in April last year at the woman’s house in Four Winds suburb.

Mkhwananzi died a few days later at Mater Dei Hospital, allegedly due to the injuries sustained as a result of the attack.

Bulawayo High Court judge Justice Maxwell Takuva convicted Sithole of murder with constructive intent.

In passing the sentence, Justice Takuva condemned Sithole’s conduct, saying passion should not be an excuse for murder.

“Our country is suffering from an epidemic of violent crimes. Crimes of passion are now prevalent in this country and the courts should send a clear message that passion for somebody should not be an excuse for murder,” he said.

“You killed someone who was useful in the community and indeed this was an unnecessary killing.”

Justice Takuva said the courts have a duty to uphold the sanctity of human life through passing deterrent sentences.

“The murder was not committed in aggravating circumstances hence a death penalty is not appropriate. However, the court has a duty to uphold the sanctity of human life. Was it not for mitigatory factors, the accused deserved a lengthy prison term. Accordingly, accused person is sentenced to 17 years imprisonment,” ruled the judge.

Prosecuting, Mr Trust Muduma said on April 11 last year at around 7AM, Sithole went to Ms Josephine Morrow’s house in Four Winds suburb intending to collect his car keys.

On arrival, he opened the front door of the house using spare keys and stumbled upon Mkhwananzi and Ms Morrow in bed.

“The deceased was with his girlfriend when the accused person stormed into the house and found them in bed. Sithole got angry and started assaulting Mkhwananzi with fists, dressing table and a wooden stool and he sustained three fractured ribs,” said Mr Muduma.

Mkhwananzi fled from the house bleeding profusely through the mouth and nose.

He was taken to Mater Dei Hospital where he died three days later as a result of multiple injuries sustained during the attack. According to a post mortem report, the cause of death was assault, multiple fractures and respiratory failure.

Ms Morrow (48), who is Sithole’s ex-girlfriend and the woman at the centre of the controversy, said when the incident occurred, she had already terminated their relationship.

Sithole, however, insisted that he was still in love with Ms Morrow.

Sithole, through his lawyer Mr David Mhiribidi of Mutuso, Mhiribidi and Partners, pleaded for leniency, saying it was not his intention to kill his rival.

He argued that he acted out of provocation when he found his girlfriend in bed with another man.

Sithole said he felt betrayed by his girlfriend and the deceased whom he claimed was his friend.

He said he fell in love with Ms Morrow in 2010 and the two had plans to marry.

In mitigation, Sithole said he was remorseful for his actions. “I regret the loss of life which was necessitated by my conduct. May the court also take into consideration the fact that I am taking care of my 68-year-old mother who is a widow,” he said.

Sithole said he also suffered from arthritis and is on medication after he was operated on both ankles.

By Farai D Hove| The ZANU PF Youth League has declared that they refuse a government of national unity with MDC Alliance leader, Nelson Chamisa. They made characterisation  claims against Chamisa saying that he is an advocate of people’s suffering, a direct inference to the US sanctions bill, ZIDERA.

ZIDERA was declared law by US President Donald Trump after the Zimbabwean army began attacks on civilians on the 1st August 2018 under the guise of arresting protesters (the latter who were in fact ZANU PF party actors). In the attacks at least 6 people were shot dead, several injured, many in neighbourhoods beaten up, and houses destroyed.

A recent survey has found that the core source of the masses’ poverty is military brutality.

But the ZANU PF youth league’s leader Pupurai Togarepi blamed Chamisa. He also made claims that Chamisa is seeking a government of national unity for which he said he does not deserve it. Said Togarepi,  “we are hearing already that the opposition is mulling an inclusive Government. As Zanu-PF youths we are totally against that and the opposition must never dream of such.

“You see, we cannot form an inclusive Government with people who call for sanctions on our people.

“We cannot be in an inclusive Government with someone who calls for people’s suffering, no we cannot do that. After all, they lost the election, so they must forget about it and maybe look forward to 2023.

“They know that sanctions will affect the ordinary people like us and they will blame the Government for that and make people believe that the Government is failing yet they are the very people who called for these sanctions.”

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Security Alert: Update on Street Closures and Potential Civil Unrest and Violence
Home | News & Events | Security Alert: Update on Street Closures and Potential Civil Unrest and Violence
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Location: Zimbabwe country-wide & Harare Commercial Business District

Event: Zimbabwe is experiencing civil unrest, violence, and heightened political tension following the general elections held on July 30, 2018. The security situation remains volatile. On August 22, the Constitutional Court will begin hearing the election challenge filed by Movement for Democratic Change (MDC). As a result, the Zimbabwe Republic Police has issued an order to seal off the following roads on the 22nd and 23rd of August 2018 from 0600 hrs -1800 hrs:

· Sam Nujoma-Selous-Simon Muzenda

· Sam Nujoma-Samora Machel-Simon Muzenda

· Sam Nujoma-Kwame Nkrumah-Simon Muzenda

· Sam Nujoma-Nelson Mandela-Simon Muzenda

Actions to Take:

· Stay away from this area and the Commercial Business District

· Avoid demonstrations and all public gatherings

· Exercise increased caution

· Have extra food, water and medication on hand

· Establish a communication plan with your friends and family so they know when to expect to hear from you;

·

· Monitor local news stations for updates;

· Be vigilant and take steps to enhance your personal security; and

· Remain alert for potentially dangerous situations.

Assistance:

United States Embassy Harare, Zimbabwe
172 Herbert Chitepo Avenue
Harare, Zimbabwe
NUMBER REDACTED

MDC Press Statement|The MDC notes with dismay the reckless, irresponsible and disgusting utterances by a one Victor Matemadanda at the ill-conceived press conference today at the Harare International conference centre.

We are aware of the ill-intention of the renegade grouping of these so-called war veterans to intimidate the judiciary before the constitutional hearing and trial proceedings of the electoral fraud application filed by the MDC Alliance. The timing of the press conference and the vile utterances by the conveners smacks of a dirty scheme by Matemadanda and his cohorts to influence the outcome of the court and subvert the will of the people of Zimbabwe.

The MDC Alliance is not moved by such grandstanding and empty threats by an illegal grouping of charlatans bent on confusing court proceedings and shattering the dreams of the people of Zimbabwe. They do not want a fair hearing of the MDC Alliance electoral petition.

Matemadanda’s utterances are a clear affront to the independence, impartiality, and integrity of the judiciary and must be condemned in the strongest terms by all progressive people of Zimbabwe.

The MDC respects the gallant heroes of the war of the liberation—both the deceased and the living–who fought for the right to universal suffrage of one man one vote which a few like Matemadanda misguidedly seek to overturn and disrespect.

As a party, we fully understand the anxiety of the nation around the upcoming Court Case where we are challenging the subversion of the will of the people by ZEC in cahoots with some rogue elements in our State institutions and we urge the people to remain resolute and steadfast on this cause.

Zimbabweans and our respected bench will not be intimidated by anyone. Zimbabweans are the masters of their own destiny.

We are our own liberators.

In the interest of our country, its people and the economy, we urge the people to be peaceful, strong and remain focused on the broader agenda of charting a new beginning free of corruption, violence, and cronyism.

The MDC reiterates its call for peace and progress in the country. We would like to encourage the outgoing President Mnangagwa to note that the ZEC-led rigging scheme has failed. It is now imperative for him to take this opportunity and act as a mature war veteran. He needs to accept defeat, concedes and allows Zimbabwe to move forward.

We are unequivocal that this idea that Africa’s strongmen never want to leave power after an election must come to an end. We need a new image for our continent.

For outgoing President Mnangagwa, history will judge him harshly for being part of remnants of a few African politicians who put their personal selfish interests ahead of the greater good of the nation. He must take this opportunity to negotiate a respectable exit and leave peacefully. An unnecessary and protracted battle will not benefit Zanu PF let alone the entire nation in the medium to long-term.

Behold the New.
Change that Delivers!

MDC Communications

A MAN who looks almost exactly like the late Dick Chingaira, is causing a stir at Mupedzanhamo Market in Mbare where he operates.

Bonface Chirikure of Block 6-C533 Mbare flats is turning people’s heads with some almost running away each time they bump into him.

Bonface said he was not moved by those comparing him to the late musician.

“I am not even bothered by what people are saying because the late Dickson was my friend and I once joined his band from 1987 up to 1990 and left when I joined the army.

“I worked with Chinx’s Mazana Movement when the group was a coalition with Jonah Sithole, Massello from Tanzania, Sam and Marylyn who are Zimbabweans and we were using Massello’s instruments.

“I was a dancer during my days in the band of which I am good at that and people enjoy my moves,” he said.

“I did Roger confirm song with Chinx and I also wish if Dick could be reburied at the National Heroes Acre not where he is buried because he befits national hero status not provincial.

“I also wish if I can get PA system and continue with Mazana Movement working with the family because it must not die because Dick is no longer there.”

One Mathew who operates at Mupedzanhamo also said that, “when I first saw Bonface, I almost fell down in fear thinking that I have seen the late Chinx’s ghost, because they really look alike.”

H-metro

Inserted By Paul Nyathi|

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By Paul Nyathi|Police have issued a warning that only accredited persons will be allowed to go into the Constitutional Court for Wednesday’s historic election results petition.

Senior Assistant Commissioner Charity Charamba issued the precautionary statement on Tuesday ahead of the hearing.

According to the statement, no electronic devices like cellphones and laptops will be allowed into the court.

By Paul Nyathi|MDC Alliance principal and Spokesperson Professor Welshman Ncube who has been silent throughout the run up to the constitutional court hearing set for Wednesday has finally spoken on the matter.

Ncube who is himself a constitutional lawyer of repute, says that the real battle in the hearing is with the constitutional court itself as it faces a challenge to go through all the evidence provided to come up with a fair judgement.

“Having now read through all the papers filed by all parties in the Constitutional Court Presidential election petition me thinks it is the Constitutional Court itself which will be on trial on Wednesday. Will they have the courage to look at the evidence without fear or favour?” Said Ncube in his Twitter page.

By Paul Nyathi|Former President Robert Mugabe’s son Chatunga Bellarmine, has challenged liberation war veterans’ demands that his father be stripped of the honour of having the country’s biggest airport in Harare named after him.

In a short statement on his Facebook page, Chatunga declared that even if the demand by the war veterans is acceded to it will not erase his father’s name from the history books.

“Renaming the Airport won’t remove him from History Books,” wrote Chatunga.

Former President Mugabe led the ZANU PF revolutionary party through the liberation struggle from 1963 when he left PF ZAPU. He later became the first leader of an independent Zimbabwe in 1980 a position he held on to for 37 before he was ousted in a soft coup in November 2017.

A few weeks before his removal, the Harare International Airport was renamed the Robert Gabriel Mugabe International Airport in his honour.

Liberation war veterans this week demanded that the airport be renamed and have Mugabe’s name removed after the veteran statesman expressed that he was going to vote for opposition MDC Alliance presidential candidate Nelson Chamisa against ZANU PF’s Emmerson Mnangagwa who he accused of unconstitutionally removing him from power.

The war veterans tagged him a sellout not worth the honour of retaining the name of the airport.

By Paul Nyathi|The opposition MDC led by Nelson Chamisa has announced the death of one of the party’s founding members and elders, Fidelis Mhashu.

The party’s information department issued the statement on Tuesday afternoon.

The statement reads as follows:

The MDC has learned with extreme sadness the loss of one of the founding fathers of party of excellence, Hon Fidelis Mhashu.

A fearless defender and veteran fighter for human rights, Hon Mhashu passed on at Parirenyatwa Hospital on Monday night.

He was 76.

Hon. Mhashu served as Member of Parliament for Chitungwiza North constituency and for some period, served as Minister of National Housing and Social Amenities in the inclusive Government.

He is survived by his wife, Monica, four children and nine grandchildren.

Mourners are gathered at House No. 2317 Unit B, Seke, Chitungwiza.

Burial arrangements will be announced in due course.

MDC Communications

Opposition leader Nelson Chamisa yesterday warned that if he fails to win his case against President Emmerson Mnangagwa at the Constitutional Court (Con-Court) this week, he will turn to the people to defend “their vote”.

This comes after the youthful MDC Alliance leader challenged ordinary Zimbabweans at the weekend to embark on three days of fasting — in preparation for tomorrow’s closely-watched Con-Court hearing.

Addressing journalists at the Morgan Tsvangirai House in Harare yesterday, Chamisa warned that if the legal route failed him, he would mobilise Zimbabweans to “defend their vote”.

“We have all routes that are available, the legal and the constitutional routes. Beyond those, we have a political route that we are going to pursue in the context of peace and the Constitution.

“We will mobilise and organise the people of Zimbabwe to make sure that their vote is protected and guaranteed. Our first avenue is the legal route and the second avenue is the political route.

“We have to stand with our God to defend our vote within the confines of peace … change does not come easy,” Chamisa said.

“We do not want to go back to the situation where we are made to wait for another five years by those who are seeking to subvert your will.

“The darkest hour is before dawn and our Almighty is on our side. This candidate (Chamisa) is ready to assume office at the appropriate time,” Chamisa added.

“Mnangagwa was defeated in this election. There is totally no confidence in Zanu PF and Mnangagwa. We will, together as a nation, agree on a working programme for the total fulfilment of our vote.

“We should not allow ourselves to be intimidated by anyone from anywhere. We are the masters of our own destiny. We are our own liberators,” he said further.

Chamisa has challenged Mnangagwa’s July 30 poll victory, culminating in tomorrow’s hearing by the Con-Court which has the arduous task of either upholding or nullifying the result.

He is seeking to either have the presidential election declared as null and void, or to be affirmed as the rightful winner of that poll. Alternatively, he wants a fresh presidential race to be held.

The court case comes after Zimbabwe held its first ever post-independence elections three weeks ago without deposed former leader Robert Mugabe — who resigned from office in November last year on the back of a military intervention.

Millions of Zimbabweans cast their vote in the historic July 30 elections, to choose both a new Parliament and president — following the dramatic fall from power of Robert Mugabe.

The elections also marked the first time that the main opposition MDC was not represented by its founding leader Morgan Tsvangirai, who lost his brave battle with cancer of the colon on Valentine’s Day this year.

Zanu PF retained its two thirds parliamentary majority in the plebiscite.

However, the peaceful campaigns and a camaraderie spirit that had characterised the run-up to the elections were sullied in the aftermath of the polls when deadly violence broke out in Harare’s central business district (CBD), following a clash between opposition supporters and security agents.

At least six people subsequently died when the army used live ammunition to break the ugly protests.

Yesterday, Chamisa warned that the country would — without him at the helm — slip back to the 2008 era where Zimbabwe’s own currency was decimated by record hyperinflation, when the economy imploded due to Mugabe’s misrule.

“Even in that case, if we don’t do it now, there is no guarantee that if we win again in 2023 those that are seeking to subvert your will are not planning to do it again.

“In the interest of our country, its people and the economy, Zec must accept that it has played a divisive role in our politics. What was a clear and unambiguous victory has been muddied by partisan individuals in Zec,” Chamisa said.

He also said that Mnangagwa should step down and resist fomenting the stereotype that “African strongmen never want to leave power after an election”.

“He must take this opportunity to negotiate a respectable exit and leave peacefully. An unnecessary and protracted battle will not benefit Zanu PF in the medium to long term.

“To the international community, the road to the future of Zimbabwe, the rule of law, good governance and observance of human rights passes through a fresh pair of hands and genuine alternative politics,” Chamisa added.

The opposition leader has insisted that he won the hotly-disputed July 30 presidential poll — whose results he claims were fiddled with by Zec.

In the disputed presidential vote, Mnangagwa narrowly avoided a run-off after polling 50,8 percent of the ballot against Chamisa’s 44,3 percent.

Zec has, however, since revised downwards Mnangagwa’s victory to 50,6 percent.

At law, a losing presidential candidate has seven days to challenge results, with the Con-Court obliged to make its findings and to deliver a verdict within 14 days after that.

If the Constitutional Court upholds the election result, Mnangagwa must then be sworn in within 48 hours of the court’s decision.

In determining the petition or application, the Con-Court may declare a winner or invalidate the election — in which case a fresh election will have to be held within 60 days after the determination.

Meanwhile, and ahead of the Con-Court hearing tomorrow, Chamisa exhorted Zimbabweans at the weekend to go on a fast for three days.

“I am urging the whole nation to pray. Let us go before God so that he may help us, we don’t want the spilling of blood.

“We want to make the country better for all. The country does not belong to Zanu PF, the MDC or any other political party.

“It is for all of us. So, we want everyone to understand that when we unite, we are doing this for the whole country.

“May God bless you. Starting on Monday, Tuesday and Wednesday, it’s time for prayer, everything is in God’s hands.

“The whole world belongs to God. I want to congratulate and thank you for taking part in the voting process,” Chamisa said in a video taken while he was praying on a mountain in Murewa.

Daily News

Elected Members of Parliament from the ruling Zanu PF party are set to receive $13 000 each for their victory celebrations. The windfall is being drawn from Zanu PF’s eye-popping $15 million budget that had been set aside for a run-off, which the ruling party averted after its presidential candidate sailed through with a razor-thin margin.

Zanu PF also secured a majority in the National Assembly.

While the victory celebrations have been put on ice pending a Constitutional Court (Con-Court) petition by MDC Alliance leader Nelson Chamisa, Zanu PF has already authorised the release of the money in the event that the superior court rules in favour of President-elect Emmerson Mnangagwa.

The Con-Court, which is the highest court of appeal on the land, is set to sit down tomorrow to hear Chamisa’s court challenge which has so far put Mnangagwa’s plans on hold.

Chamisa is seeking the Con-Court to declare him the winner of the elections or that the apex court orders a re-run — something that Zanu PF is seemingly well prepared for.

Several winning MPs from Zanu PF said that they were promised hard cash in the event of winning the general elections.

“We were promised $13 000 as a winning bonus. The money is supposed to go towards funding celebrations in our respective constituencies. Now Chamisa is making silly noises and we cannot get that money.

“Most of the MPs spent huge on the elections and the $13 000 will go a long way in filling the gap,” an MP who asked not to be named told the Daily News.

Several other legislators confirmed that indeed their pockets were set to be lined further, on top of the off-roaders that they received for campaign purposes ahead of the disputed elections.

Sources in the ruling party also revealed that Zanu PF’s war chest still boasts of at least $15 million that was set aside to cater for a presidential election run-off.

Zanu PF spokesperson Simon Khaya Moyo yesterday referred questions about the bonuses to the party’s commissariat department headed by Engelbert Rugeje.

“That should be known by the commissariat, talk to Rugeje,” said Khaya Moyo.

Rugeje was not forthcoming on the matter, as he also referred questions back to Khaya Moyo.

“Why don’t you talk to Moyo, he is the one in charge of publicity,” he said, when he was pressed for an answer Rugeje said, “I am presently out of the country and presently don’t have an answer for you”.

While Chamisa’s MDC Alliance struggled with funding during its campaigns, Zanu PF was awash with resources and spent big in rolling out electronic billboards and dishing out its campaign regalia.

Zanu PF also offered its supporters with farming inputs and gave each of the 210 parliamentary candidates a campaign vehicle.

According to Zanu PF officials, the ruling party got much of its funding from the Communist Party of China and companies that are eyeing opportunities to emerge under Mnangagwa’s administration.

Carrying on with former president Robert Mugabe’s politics of patronage, the so-called new dispensation also bought more than 226 cars for traditional leaders in a move described as vote buying and misplaced priorities by critics especially poll observers from the western world.

Zanu PF has a fleet of Ford Fiestas, Ford Ranger trucks, and buses and has a specific budget for the youth league and women’s league running into millions.

Daily News

By Paul Nyathi|The Zimbabwe Electoral Commission (Zec), its chairperson Priscilla Chigumba and acting chief elections officer Utoile Silaigwana on Monday opposed Nelson Chamisa’s presidential challenge at the Constitutional Court.

Download the full ZEC heads of argument on the link below:

Zec-Chigumba-Heads-Of-Arguments

The case will be heard by the Constitutional Court on Wednesday, 22 August at 10:00 am.

By Vendors Initiative for Social and Economic Transformation VISET|Vendors Initiative for Social and Economic Transformation (VISET) wishes to condemn in the strongest of terms the ultimatum pronounced by the Midlands Minister of State Mr Owen Ncube on vendors operating within the Central Business District without offering them alternatives sites to carry out their trade.

The Minister is accusing vendors of causing the outbreak of typhoid in the city which have so far claimed seven lives.

The ultimatum which strangely gives vendors 24hrs ultimatum to vacate the streets of Gweru, or security forces will move in to remove them must be treated as an attack on livelihoods.

Such a move is irrational, inhuman and barbaric apart from the fact that it runs contrary to the constitutional national objective which obliges the state and all its agencies to promote private initiatives of self-reliance (Section 13) and that which obliges it remove the restrictions that prevent people from working or otherwise engaging in gainful economic activities (Section 24).

As VISET we implore upon Minister Ncube and the Government to take full responsibility for its failure to provide adequate designated sites for us as informal traders and vendors and provide safe and portable water for the residence of Gweru. It would have been reasonable on the part of the Government to wait until the completion of the construction of the proposed new Bus Terminus in all cities and towns, with a good proximity to the affected traders, and settle them there before evicting them.

Ultimatums and threats of force will only worsen the already precarious situation, there was a surge in the number of human rights abuses in the sector as a direct result of the Government’s reluctance to comply with the constitutional provisions mentioned above and also Recommendation 204 of the International Labour Organisation which speaks to the need for formalization and regularization of the operations of the informal Sector.

A day before the announcement of the 2018 Harmonised elections results, we saw Municipal police and security forces in Harare arresting thousands and destroying the vending stalls of vendors for no apparent reason. In Harare alone, more than 2000 of our members reported various forms of human rights abuses.

It has always been VISET’s position that forceful evictions of informal traders will not solve the current vending challenge, where such eviction does not correspond to the allocation of alternative spaces in the designated sites.

If anything, it will only exacerbate it, as was witnessed in the CDBs in 2015 here in most cases the operations resulted in ugly and bloody scenes and even unnecessary loss of life as a defence of a livelihood entails doing everything within one’s powers. VISET implores the City of Gweru and other local authorities throughout the country to deal amicably with the outbreak of epidemic diseases like typhoid by treating the municipal water with effective and up to date vaccines than to put the blame on the shoulders of vendors.

The City of Gweru should also do an assessment in respect of the consequences on the livelihoods to millions of vendors and their dependents the evictions will cause. VISET also wishes to express its heartfelt condolences to the bereaved seven families who have lost their loved ones through this outbreak of epidemic disease. The scenario is regrettable as this should have been addressed by the government.

By Paul Nyathi|The Constitutional Court has dismissed an application by the Media Institute of Southern Africa Zimbabwe, MISA, and freelance journalist Busani Bafana to allow journalists to shoot Facebook live streaming of the landmark Constitutional Court appeal against results of the Presidential Election held last month.

The applicants had lodged an appeal against a previous court ruling that the ZBC was the only media that will be allowed to broadcast from inside the court room.

The court held that ZBC has sufficient means to publicise the court proceedings.

More details to follow…