Zanu PF says it has received the Zimbabwe National Liberation War Veterans Association (ZNLWVA) petition to strip the naming of Harare’s airport after former president Robert Mugabe.
Party national chairperson, Oppah Muchinguri Kashiri said she is in support of the removal of the name as Mugabe’s behaviour speaks of a man who has turned against the ethos and values embodied in the Zanu PF party.
Muchinguri Kashiri said the war veterans are justified to feel betrayed by Mugabe and their petition is valid.
She also castigated the actions taken by Mugabe when he directed the harassment of war veterans in 2016.
“It is so disturbing to hear that Mugabe, whom we worked with for over 30 years, is the one who is now going the opposite way. If i knew that that Mugabe is of such character, I was not going to join the war. He made the innocent souls to die for nothing,” said Cde Muchinguri Kashiri.
Speaking at the same occasion, ZNLWVA Secretary General, Victor Matemadanda said apart from going ahead calling for the effecting of a name change of the Robert Gabriel Mugabe International Airport to another hero with sound war credentials, the war veterans want some farms taken from Mugabe since the law of the land clearly states that one man one farm.
“Mugabe is a sellout and he should not continue to benefit from the fruits of the land. We are going to take some farms he has. How can one person have more than 21 farms,” he said.
Muchinguri Kashiri also thanked the liberation war veterans for supporting President Emmerson Mnangagwa before, during and after the just ended harmonised elections.
ZBC
Zimbabwe needs to reconsider its HIV transmission law. Shutterstock
In 2001 Zimbabwe introduced the Sexual Offences Act, which criminalised wilful transmission of HIV. Three years later the law was updated to include those who suspected they could be HIV positive but didn’t inform their sexual partners.
The law allowed people to be criminally charged for deliberately infecting other people with HIV. It came about as a result of activism by women’s rights groups; they sought to empower women who were being recklessly exposed to HIV by rapists and, in some cases, by their partners.
At the time, very few advances had been made in the fight against HIV and AIDS; the epidemic was classed as an international security threat.
But that was 20 years ago. A great deal has changed since then. Most importantly, HIV has become a chronic and manageable condition rather than an automatic death sentence. This is not to say it doesn’t remain a very real public health issue: it’s estimated that about 1.55 million Zimbabweans in a country of 14.2 million people are living with HIV.
And yet Zimbabwe’s punitive law around the transmission of HIV remains on the statute books – and it’s enforced. Today, HIV transmission cases continue to be heard before Zimbabwe’s criminal courts. This is despite the fact that punitive HIV laws are widely acknowledged as undermining a country’s public health policies and strategies.
Laws like this exist in many places, including a number of US states, Russia, the UK and more than 30 sub-Saharan countries.
As I’ve shown in my own research, such laws fuel stigma and discrimnation. They also dissuade HIV testing and adherence to treatment. Unless the legal provision in question is revised, it could reverse the gains made in the fight against HIV and AIDS in Zimbabwe by making it seem as though people living with the disease are criminals.
Proving guilt
In 2016, two women were charged under the law and found guilty of deliberately transmitting HIV. In 2016, two people approached the country’s Constitutional Court to have their sentences overturned and the legal provision declared unconstitutional.
They argued that the wording of that part of the law was too ambiguous and uncertain. This, they said, meant it failed to provide protection to citizens as guaranteed by the Constitution. The ambiguity centred on the “real risk” test, which places an expectation on the accused to recognise the risk or possibility that they are HIV positive and so can transmit the virus to another person.
The applicants argued that this wording was so unreasonably broad that it created a danger of false incrimination. The court disagreed; the applicants lost their legal challenge and their convictions for deliberately infecting partners with HIV were upheld.
One of the problems with the law’s wording is that it’s extremely difficult to prove the causal link between the actions of the accused and the consequences faced by the victim.
And, since the law is worded in such a broad fashion, it leaves room for people to be falsely incriminated when relationships breakdown. This was the case with Samukelisiwe Mlilo – one of the applicants in the 2016 Constitutional Court case – whose husband accused her of infecting him with HIV after she reported him to the police for domestic abuse.
Mlilo was charged under a provision in the criminal code for deliberately transmitting HIV and convicted despite her argument that the state could not prove that she had actually infected him.
Next steps
Zimbabwe needs to reconsider this legislation. If it decides that criminalisation is a necessary tool, the wording of the law must be made more explicit and less open to individual interpretation. Only clear cases of criminality – where there is evidence of foresight, negligence and actual intent – should be tried.
It must also seek to complement public health policies rather than undermining them. The thrust of the law must be to protect all citizens alike rather than encouraging the marginalisation and exclusion of people living with HIV.
By Candice Chikura-Mtwazi, University of Kent
By Paul Nyathi|ZIMBABWEAN authorities have dropped charges against Munyaradzi Shoko, the leader of the Children of Zimbabwe War Veterans’ Association (COZWA), who was arrested for allegedly posting some offensive statements on Facebook against President-elect Emmerson Mnangagwa.
Shoko, a known critic of Mnangagwa was arrested by Zimbabwe Republic Police (ZRP) officers on Tuesday and charged 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 was 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 would interfere with the ordinary comfort, peace or quietness of the public.
But on Thursday 23 prosecutors dropped the criminal nuisance charges against Shoko together with the public violence charges, which they had pressed against the COZWA leader.
ZRP officers had 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.
Prosecutors only pressed ahead with the assault charges, where they alleged that Shoko contravened section 89 of the Criminal Law (Codification and Reform) Act Chapter 9:23 after he allegedly assaulted Energy Mutodi, a ZANU PF member on 25 August 2017 at Holiday Inn Hotel in Harare.
However, Shoko was set free after the National Prosecuting Authority refused to put him on remand and instructed ZRP officers to proceed by way of summons if they intend to prosecute the COZWA leader.
Meanwhile, a Gweru Magistrate on Thursday granted free bail to Musa Mandirewa, a resident in the Midlands provincial capital, who was arrested on Tuesday 21 and charged with malicious damage to property as defined in section 140 of the Criminal Law (Codification and Reform) Act Chapter 9:23.
Prosecutors claimed that Mandirewa, who is represented by Jabulani Mhlanga of ZLHR, threw a stone at a vehicle owned by the Gweru City Council and damaged the vehicle’s rear windscreen during clashes which broke out between ZRP officers, municipal police and some informal traders.
Mandirewa returns to court on 11 September 2018 for trial.
Via ZLHR
Terrence Mawawa
The Zimbabwe Electoral Commission (ZEC) has declared a by-election in ward 13, Chimanimani Area.
Below is ZEC’ s notice of the by-election:
ZIMBABWE ELECTORAL COMMISSION ELECTORAL ACT [CHAPTER 2:13]
Election Notice – Local Authority By-
Election It is hereby notified in terms of Section 121A of the Electoral Act [Chapter 2:12], that a vacancy has arisen in Ward 13 of Chimanimani RDC. The Nomination Court for purposes of receiving nominations of candidates for election as councillor for the vacant ward shall sit on Wednesday 5 September 2018 commencing from 1000 hours to 1600 hours at the offices
of the Chief Executive Officer for
Chirnanimani Rural District Council.
The Zimbabwe Electoral Commission fixes Saturday, 6 October 2018 as the day on which a poll shall take place if a
poll becomes necessary in terms of
Section 125(4)(b) of the Electoral Act.
Utoile Silaigwana (Mr)
ACTING CHIEF ELECTIONS OFFICER
ZIMBABWE ELECTORAL COMMISSION
The MDC Alliance leader, Nelson Chamisa has expressed hope that the Constitutional Court will deliver a judgment that justifies what he described as superb submissions from his legal team led by Advocate Thabani Mpofu.
Chamisa is challenging President Emmerson Mnangagwa’s victory who according to ZEC garnered 50.8 percent to the former’s 44.3 percent.
Posting on his micro blog twitter yesterday, Chamisa applauded his legal staff for the presentations made in the court yesterday.
“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,” he said.
Advocate Mpofu also received extol from self exiled former cabinet minister professor Jonathan Moyo who described his submissions as ‘classy’ and ‘compelling’.
“Advocate Thabani Mpofu’s compelling submissions on how #ZEC manipulated the numbers, as not to require reopening the ballot boxes to establish the point, brings to memory the world’s four famously rigged elections in Haiti, Vietnam, Liberia Guyana!
“Advocate Thabani Mpofu was in a class of his own today. He hoisted ZEC by its own petard. Now they know that their data is alternative primary evidence to checkmate manipulation of the residue in ballot boxes!,” Moyo said.
The court will on Friday deliver judgement on the matter.
However, Zanu PF is also confident that the court will rule in their favor with their lawyers led by Charles Uriri pursued the technical part of the applicant’s election challenge arguing the petition failed to meet the seven day prescribed by the constitution and therefore should be thrown away.
Zanu PF United Kingdom representative, Nick Mangwana expressed confidence of winning court case saying Zimbabweans elected President Mnangagwa as their leader for the next five years.
“Zimbabweans chose Emmerson Dambudzo Mnangagwa as their leader 4 the next 5 years. By our rules he should be sworn in to govern per that mandate. He stands ready to do so. Nearly 70% of Zanu PF parliamentarians are ready to anchor that GVT. Deal with it and let’s build our country,” Mangwana said.
In the event the court uphold Mnangagwa victory on Friday, the inauguration will then take place within 48 hours at stipulated by the constitution.
263chat
VIDEO LOADING BELOW
There was a bloody coup on 1st August 2018 AGREE/ DISAGREE?
— ZimEye (@ZimEye) August 23, 2018
Terrence Mawawa
Dynamos head coach Lloyd Mutasa was disappointed yesterday after his side failed to rise to the occasion in the match against Yadah Stars.
Mutasa has expressed concern at his team’ s poor performance ahead of Sunday’s derby clash against bitter old foes, Caps United. Dembare were restricted to a goalless draw by Yadah.
The Glamour Boys were poor on the park and their dismal performance manifested itself in frustration among both fans and players when defender Marshal Machazani was given a straight red card after he was adjudged to have deliberately stamped on Simba Sithole.
“There is no coach who would want to get into a derby from a poor show. Everyone would want to go on the backdrop of a morale-boosting win. We thought that we were going to build from our performance against ZPC Kariba, but that was not to be,” said Mutasa.
“It was really frustrating to play against a team that had players falling down at every given turn. They did all they could do to kill the rhythm of the match. But such is football, we will take that point and start preparing for the next matches.”
Dynamos played a subdued match against Yadah with returning midfielder Brett Amidu wasting some golden chances.
By Own Correspondent| Questions have been raised over the independence of the Constitutional court judges amid fears that some of the judges may not only fear for their lives but some of them are bound to protect their political and business interests in the MDC Alliance poll petition ruling.
Watch the live video below for an analysis of this and more:
VIDEO LOADING BELOW
VIDEO LOADING BELOW
VIDEO LOADING BELOW…
VIDEO LOADING BELOW
Terrence Mawawa
Ngezi Platinum Stars coach Tonderai Ndiraya says his team will not be flattered by the convincing 5-1 victory over Shabanie Mine on Wednesday.
Ngezi registered the convincing victory courtesy of goals from James Nguluve who scored a brace, Donald Teguru, Master Chawodza and Tichaona Mabvura while the Chinda Boys got their consolation through Nigel Papias later in the game.
Madamburo are now a point behind log leaders FC Platinum who lost in Harare on the same day.
Speaking after the game, Ndiraya was happy with the performance of his charges and said their focus was on the next game.
“I am happy with the win, but we are not being carried away,” said Ndiraya.
“We want to make sure we collect as many points as possible. Our focus is now on the next game against Mutare at Vengere, but I am proud of my boys.”
Dear Editor.
Are you aware that 42 officers from Chinhoyi and other similar numbers from other Provinces gathered in Harare for the ConCourt deployment and subsequent inauguration of Ed? This court case was fake. The judges preempted their findings to the Junta and hence their fortification of security.
Above all, Simon Khaya Moyo is angling for unity after tomorrow’s judgement is if he knows the constitutional court outcome is coming Mnangagwa’s way. This is sad.
Terrence Mawawa
Youthful MDC Alliance Councillor for ward 4, Masvingo Urban Constituency, Godfrey Kurauone has described war veterans leader Victor Matemadanda’ s remarks about Nelson Chamisa as cheap political talk.
Matemadanda claimed Chamisa and Tendai Biti were sellouts with an agenda to reverse the gains of the liberation struggle.
“Matemadanda you cannot be a Liverpool coach
and give a Man U coach a line up to play against
you.
Tamba yako isu titambe yedu.
Nelson Chamisa will remain our President,” wrote Kurauone on Facebook.
Terrence Mawawa
Scores of people have been reportedly killed in a head-on collision at Furtherstone in Chivhu.
According to individuals who claim to be eyewitnesses two buses were involved in a head-on collision near Featherstone Police Station last night. No official comment has been obtained from the police in Chivhu.
” Two buses were involved in a head-on collision at Furtherstone. The number of people who have died is around 30. Those with missing relatives please try to confirm with Chivhu Police,” sources at Featherstone said.
Terrence Mawawa
Zimbabweans in Beitbridge and parts of Matabeleland North and Matabeleland South Provinces are seeking medical attention in South Africa.
Thousands of Zimbabweans are flocking to South African institutions- in their numbers -on a daily basis owing to poor medical facilities in Zimbabwe.
According to a daily paper, most of the people who seek medical attention in South Africa cite the
shortage of equipment and essential drugs.
“Each time I visited Beitbridge Hospital, I paid $12, but this would only be for diagnosis. I had to pay more money to buy drugs from pharmacies. In Musina, I pay R130 inclusive of my diagnosis, treatment and drugs -which works out
to be more reasonable and within
reach. We take a leaf from our leaders, they shun local hospitals to get treatment outside the country. They lead by example,” a disgruntled patient told the daily paper.
Members of the Presidium Emmerson Mnangagwa, Kembo Mohadi and Oppah Muchinguri have been flown to South Africa for treatment on separate occasions.
Terrence Mawawa
War veterans have postponed their scheduled demonstration against former liberation war icon Robert Mugabe.
Zimbabwe National Liberation War Veterans’ Association (ZNLWVA) Secretary General Victor Matemadanda yesterday said war veterans had put on hold plans to
demonstrate against Mugabe.
Matemadanda however said the former freedom fighters would hold a demo demanding the re-naming of Zimbabwe’s
international airport formerly Harare International Airport- after Mugabe -to be reversed.
“The protest will go on, but we want to give a chance to the ConCourt
proceedings. Once this process is
finished, we will sit and make a
determination on when and what time we will send the petition. We have also had representations from our members as far as Plumtree, who want to sign the petition so we would want to give them time to be part of the process,” said Matemadanda.
SONGBIRD Ammara Brown has cleared the air on why she failed to attend the just ended Change A Life Concert headlined by South African rapper Nasty C.
I’ll pay back the money: Ammara
The South Africa based diva told H-Metro that immediately after her arrival, she received news of her sister Chengeto being rushed to labour.
Chengeto gave birth to a baby boy christened Zayan.
“I was here to perform, I flew in with the team and we were ready to proceed to the show on Saturday.
“What ended up happening is that my sister went into labour and since I am her coach I had to be by her side.
“So it was a whirlwind of the whole afternoon into evening and she gave birth to a healthy baby boy,” said Ammara.
She said she could not miss her nephew’s birth or trade it for anything else in the world.
“My family has had a number of deaths for past seven years and this is the first time new life has come into our family.
“It meant more to me than anything in the world, I would not have missed my nephew’s birth for anything and anybody
“I love him already and you can’t buy that, I am so excited the family is growing again,” she said.
Ammara said she is giving back her performance fee and will donate a further $1000 towards the orphans.
“I am giving them back the payment that they had made to me and will donate another $1000 towards the children.
“I really was passionate about the show because it is also about those vulnerable children but of course family first.
“I am a family woman and I don’t always talk about it but that is the God honest truth,” she said.
H-Metro
…….
Judges Allowed Chigumba To Enter With Her Cellphone And To Even Play With It Inside While Blocking Chamisa's Lawyers All Access | WHAT DOES THIS MEAN?
— ZimEye (@ZimEye) August 23, 2018
By Own Correspondent| Former Housing minister and MDC Member of Parliament, Fidelis Mhashu, who died on Monday at Parirenyatwa hospital will be buried tomorrow at Glen Forest in Harare.
Mhashu’s body will however lie in state at his home in Chitungwiza tonight.
Said the MDC in a statement:
“A very gentle and courageous legend of Zimbabwe’s democratic struggle who is no more, Mhashu who passed away Monday night at Parirenyatwa hospital, Harare will be buried tomorrow.
It was in Mhashu’s Chitungwiza house that numerous meetings that led to the formation of the party were held.
It was in the same house that the doyen of democracy, the late Dr Morgan Tsvangirai and others gathered to discuss the way forward in forming the great and formidable political movement that Zimbabwe has grown to love.
Born on the 1st of July 1942 in Mhondoro, Hon Mhashu started his profession in the teaching field in Buhera in 1976.
He later became a lecturer at Mutare and Seke teacher’s colleges before venturing into politics as a councillor in ward 21 of Chitungwiza North.
He served two terms in that council before he was fired for fighting for human rights in 1996. He then became part of the democratic struggle and was part of the team that pushed for the formation of the MDC to which he stood as a Member of Parliament from 2000 until 2013.
He was the Minister of Housing and Social Amenities in the Inclusive government as well as a member of the National Executive of the MDC.
His body will be carried from the funeral parlour in Harare to his Chitungwiza home, where it will lie in state ahead of the burial at Glen Forest cemetery tomorrow.
Mourners are gathered at his Chitungwiza home.”
By Own Correspondent| Dr Thokozani Khupe did not endorse the just ended harmonise polls as free and fair, the MDC T Secretary for Infoemation and Publicity, Linda Masarira has revealed.
Masarira however said her party will abide by whatever verdict will come out of the Constitutional court proceedings regarding the presidential poll petition whose hearing commences tomorrow at the apex court
Masarira however said her party was concerned by recent reckless and irresponsible utterances by war veterans which sought to further plunge the country into further turmoil and political instability.
Said Masarira:
“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.
We are committed to ensuring equal opportunities for all Zimbabweans and work tirelessly to ensure sustainable human development.”
THE Zimbabwe national darts team leaves the country this weekend for the African Union Sports Council Region 5 Darts championship set for Malawi next week.
The championships will run from August 27-31 at Lake Malawi, with Zimbabwe set to battle for regional supremacy against Botswana, Namibia, Lesotho, South Africa, Swaziland, Zambia and Malawi.
“We are set to leave for Malawi by road on Sunday morning,” said National Darts Association of Zimbabwe (Ndaz) secretary-general Stephen Mwarindira.
The team was chosen at the recently held Zimbabwe darts trials at Zesa Munyati in the Midlands province.
Making the team are four promising youngsters, who include the Matabeleland South duo of Brandon Ncube and Siphindile Moyo, who are learners at Gwanda High School.
Ndaz had their last analysis of the players at a National Closed Darts at Chipindura High School in Bindura from August 10-14.
“We will take that as our first camping,” said Mwarindira.
Zim men’s team Salesio Gunda (Manicaland), David Nyemba (Mash West) Simon Mujuru (Mash West),Caleb Sigauke (Manicaland),Michael Chikomba (Midlands),Modokai Dheka (Harare)
Women’s team Sibabone Mamwiri (Midlands),Sawujadi Phiri (Mat South),Tabeth Zhoya (Midlands),Svodai Nyika (Harare).
Veterans teams Men: Peter Mulukula (Mash East), Moses Ndlovu (Bulawayo). Women: Cecilia Nzonzo (Harare),Joice Mloyi (Midlands)
Youth Teams Junior men: Nashe Murambi (Harare), Brandon Ncube (Mat South). Junior women: Sibongile Nomsa Kagodora (Harare), Siphindile Moyo (Mat South)
State Media
By Own Correspondent| European Union (EU) head of delegation for Zimbabwe, Ambassador Philippe Van Damme has called on Zimbabweans to assist former president Robert Mugabe have a dignified retirement from public life while he prepares for his departure.
Said Ambassador Van Damme at the Ambassador hotel in Harare (Wednesday) at a discussion organised by MISA Zimbabwe:
“On what message I want to share with Robert Gabriel Mugabe today, I said he is a frail, old and lonely figure who deserves a dignified retirement from public life.
You know with some of these old men, it is difficult to quit and this old man seems to be a bitter old man now for the way he was forced to leave power.
So, I think that way should be found to let him go in a dignified way, now he has to prepare his physical departure.
I think we need to give him, encourage him to prepare for his final departure and try to protect him against those who try to manipulate him because he has given something to this country, whether we like it or not and the way things have been revolving around him in the last 9 months, it’s quite painful for him.”
Protection Intern (Statelessness): United Nations High Commissioner for Refugees (UNHCR)
Deadline: 27 August 2018
Vacancy Notice No: VA/2018/004
Duration: 4 months (full time)
Contract type: Internship (paid)
Expected start date: Immediately
General Background
The United Nations High Commissioner for Refugees (UNHCR) is mandated to provide international protection to refugees, together with Governments. UNHCR is also charged with the identification, prevention and reduction of statelessness and the protection of stateless persons through its responsibilities under the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness and subsequent Executive Committee Conclusions and UN General Assembly Resolutions.
UNHCR Office in Harare, Zimbabwe is looking for a full time intern (graduate) to join the Protection Statelessness Section, for a period of four (4) months initially. To implement UNHCR’s global mandate on statelessness. The Statelessness Section works together with Governments and other stakeholders in the identification, prevention and reduction of statelessness. UNHCR’s #IBELONG Campaign to End Statelessness within 10 years is entering its mid-point in 2019 and this season has been particularly busy and interesting.
Please Note there should be no expectation of employments at the end of the internship and as per UNHCR rules, an intern may not apply for a position with UNHCR until six months have lapsed from the end of their internship.
Key duties and Responsibilities
To support the Office in implementing the UNHCR statelessness activities: Undertake legal and qualitative research as assigned; Assist with the preparation of the periodic updates of activities under the work plan; Assist with the day-to-day work of the Section (arranging and distribution of statelessness related materials, organisation of workshops and meeting, minute taking and reporting etc.); Assisting in updating UNHCR’s database system; Occasionally undertaking field missions to other regions of the country; Assist the office with training and designing trainings for various stakeholders; Performing other duties as may be required by the Office.
Knowledge, skills, experience relevant for the positions
Ability to work as a part of a team; The ability to work with vulnerable individuals; The ability to act professionally and to deal with confidential and sensitive information; Highly structured and organised; Efficient in meeting commitments, observing deadlines and achieving results; Strong inter-personal skills; Ability to build trust and develop and maintain effective work relationships with sensitivity and respect for diversity and inclusive participation; Excellent communication skills, both oral and written; The adaptability to work in an international and multicultural environment.
Qualifications
A university degree in Law, International Human Rights, International Relations, Political Science or other related field; Academic or practical experience relating to statelessness, nationality and human rights would be an asset; Fluency in English (written and spoken) is required, knowledge of another UN language would be an asset.
More information on the UNHCR internship programme are available at the web page http://www.unhcr.org/admin/internships/49ef35e46/internships-unhcr-frequently-asked-questions.html
To apply
Interested applicants should submit the required documents by e-mail to [email protected] or delivered to the physical address as below referring to Vacancy Number VA/2018/004: Letter of motivation, addressing the personal requirements in the Vacancy notice; Completed UN Personal History Form (available on www.unhcr.org/recruit/p11new.doc) or a Curriculum Vitae with references.
The Representative
UNHCR – Harare, P. O. Box 4565
Block 8, Arundel Office Park, Norfolk Road, Mount Pleasant, Harare, Zimbabwe.
UNHCR does not charge a fee at any stage of the recruitment process.
UNHCR aims for workforce diversity at all levels and encourages qualified female applicants and persons with disabilities to apply.
Only short-listed candidates will be contacted.
Finance and Admin Intern: Heifer International Zimbabwe
Deadline: 7 September 2018 (4:30pm)
Period: September 2018 to August 2019
Heifer International Zimbabwe invites applications that meet the minimum qualifications, motivated, result-oriented, and strive to work in a professional, multi-cultural, international organization to fill the position of Finance and Admin Intern. Heifer International is an equal opportunity employer. All qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, gender, gender identify, sexual orientation, age, status as a protected veteran, among other things, or status as a qualified individual with disability.
Key duties and Responsibilities
Accounting duties: Reviewing for completeness, any payment vouchers ready for filing; Timeously filing of payment vouchers in sequence and be responsible for document archiving in Agresso; Retrieving payment vouchers for auditors, finance team and other staff upon request; Receiving and recording transactions in the Agresso financial system; Processing payments, making online payments and submitting to the Financial Senior Finance Officer for review; Submitting payments to signatories for authorization and following up on urgent payment requests; Assisting in processing bank reconciliations monthly and reviewing staff acquittals regularly.
Administration Duties
Assist in all filling; General front office support; Receiving and recording incoming and outgoing calls; Assisting in stock and asset management; Participating in procurement process; Staff bookings assistance
Qualifications, skills and experience
Degree in Accounting or Business Studies; Pays attention to detail; Good interpersonal and communication skills; A recent graduate with a minimum of at least 2.1-degree class.
To apply
Interested and qualified persons should email detailed CV and cover letter on [email protected]
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“
Loading below…
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
VIDEO LOADING BELOW – REFRESH TO WATCH
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.
VIDEO LOADING BELOW…
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
PICTURES: Were The Judges A Bunch Of Crocodiles, And If So How Will The Economy React?
— ZimEye (@ZimEye) August 22, 2018
By Own Correspondent| The Zimbabwe Electoral Commission (ZEC) website is down for the second time since the announcement of the election results amid indications that when the website went down on August 1 2018, it had been hacked.
Commissioner Qhubani Moyo told journalists on August 1 2018 that the ZEC website had been hacked hence the website was temporarily down.
“Hackers hacked us and they were posting things which had nothing to do with us and this is why the website is down,” Commissioner Moyo is on record telling journalists.
However, the reasons why the website is currently down could not be established.
The ZEC however posted on their web page the following message:
“We will be back soon. Scheduled maintenance is currently in progress.
Please check back soon. We apologise for any inconvenience.”
VIDEO LOADING BELOW…
VIDEO LOADING BELOW…
By Own Correspondent| The Constitutional court will on Friday 24 August 2018 give their ruling on the MDC Alliance poll petition challenging the declaration by the country’s elections body that Zanu Pf’s Presidential candidate Emmerson Mnangagwa had won the July 30 election.
Chief Justice Luke Malaba said the ruling will be issued on Friday at 2pm.
Click on this link below for live proceedings of the Constitutional court hearing.
Who has won today's court case? – LIVE On ZimEye
— ZimEye (@ZimEye) August 22, 2018
Terrence Mawawa
Advocate Thabani Mpofu, who is representing MDC Alliance leader Nelson Chamisa, has said the Zimbabwe Electoral Commission’ s figures are dubious and inconsistent.
Responding to arguments from the first and second respondents cited in Chamisa’ s election challenge Mpofu has said the Constitutional Court should not rely on ZEC’ s exaggerated figures.
Mpofu has further argued that since ZEC has admitted there are irregularities in the electoral processes, Mnangagwa cannot be declared the winner of the July 30 Presidential election.
“Mnangagwa says he got 50.67% of the vote, where does he get that? … if a declaration is made on the basis of a figure and that figure is wrong, then that declaration is wrong” –
Terrence Mawawa
Emmerson Mnangagwa’ s lawyers have dismissed submissions by MDC Alliance leader Nelson Chamisa’ s legal team claiming they are fictitious and unfounded
Uriri in rebutting Chamisa’s submissions has said the rhetoric that “numbers don’t lie” cannot be based on anything other than the official ZEC numbers.
Advocate Magwaliba has also said if facts are wrong, the numbers won’t add up, so the numbers don’t lie theory can only rest on factual numbers.
Magwaliba has also indicated that the so called statistical expert relied upon by the Chamisa legal team is not in fact an expert in the area, as he has studied fishing and other disciplines.
By Own Correspondent| The ZEC lawyer, Tawanda Kanengoni has made his initial submissions to the Constitutional court making a plea for the case to be thrown out because the MDC Alliance did not follow due process when they filed their petition.
Click on the link below to follow live proceedings at the Constitutional Court where the MDC Alliance poll petition is currently being heard.
Terrence Mawawa
Alexio Munyaradzi Shoko a member of the Children of Zimbabwe National War Veterans Association was yesterday arrested by suspected state security agents.
Shoko was arrested for allegedly burning a bus on 1 August 2018 when there were political disturbances that claimed 6 lives in Harare.
It is suspected that he was beaten up for issuing a counter response to the threatening statement issued by the leadership of the Zimbabwe National War Veterans Association (Znwva).
Shoko is being held at the Harare Central Police station- Law and Order section. Shoko is denying the charges of burning bus.
Zimbabwe Lawyers For Human Rights is handling the case.
Justice Makarau draws attention to section 169 of the electoral act and its effect on process. Makarau might seek to use this to dissent…
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.
By Own Correspondent| Advocate Thembinkosi Magwaliba who is representing President Emmerson Mnangagwa in the MDc Alliance election petition told the court that Zanu Pf got citizens’ mobile number through door to door campaigns.
He said contrary to reports that the ZEC availed registered voters’ mobile number to Zanu Pf, the party’s candidates got people’s numbers from their door to door campaigns most of which date years back.
By Own Correspondent| MDC Alliance leader President Nelson Chamisa’s lawyer has told the court that the basis of the election petition is premised on the fact that the figures released by the country’s elections body (ZEC) do not add up.
Click the link below and watch Advocate Mpofu’s full submissions before the Constitutional court bench.
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.
Terrence Mawawa
MDC Alliance official Dr Takavafira Zhou has predicted that a Presidential Election Runoff is likely to be held.
Below is Dr Zhou’s statement:
Mid Day Constitutional Court update
Our MDC-Alliance Lawyer, Thabani Mpofu is a bullet and he has done exceptionally well together with his team.
Our case was well articulated by our legal team led by T. Mpofu. Indeed we have articulated that there are 69 000 votes nichodemously given to Emmerson Mnangagwa that do not need a visit to primary evidence.
Attempts to discredit our application on the basis of failure to apply for the opening ballot boxes was dismissed on the basis that enough evidence (69 000 votes) does not need that. There was also evidence of V11 forms signed by ZEC -with no figures. So our lawyers argued that applying for the opening of ballot boxes would have been ‘poisonous’ given Zanu PF and ZEC’s collusion in rigging.
We are then awaiting submission by respondents, Zanu PF and ZEC. We certainly have a strong case although the outcome is more likely to be a run off.
VIDEO LOADING BELOW…
Terrence Mawawa
MDC Alliance leader Nelson Chamisa’ s lawyer Advocate Thabani Mpofu has produced signed and stamped V11 forms that have not been populated, reflecting anomalies in electoral processes.
The evidence indicate that the forms have no figures.
Mpofu has said this demonstrates some of the irregularities in the voting system.
However Chief Justice Luke Malaba has asked why original documents were not produced and why the applicant did not seek to have the ballot boxes opened.
VIDEO LOADING BELOW…
Terrence Mawawa
Opposition leader Daniel Shumba has said he is ready to reveal exclusive details about Emmerson Mnangagwa that will help the Constitution Court determine the outcome of the MDC Alliance election challenge.
Presenting his evidence in the Constitutional Court Shumba said he was a member of the ruling Zanu-PF party when Mnangagwa was fired and indicated the court would benefit more from him if he was allowed to be part of the proceedings.
Chigumba Photo-Bombs Court LIVE Coverage | WHY DOES SHE APPEAR WORRIED THROUGHOUT?
— ZimEye (@ZimEye) August 22, 2018
VIDEO LOADING BELOW…
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
VIDEO LOADING BELOW…
Chigumba Photo-Bombs Court LIVE Coverage | WHY DOES SHE APPEAR WORRIED THROUGHOUT?
— ZimEye (@ZimEye) August 22, 2018
VIDEO LOADING BELOW…
By Own Correspondent| Chief Justice Luke Malaba has said submissions by the 5th, 6th, 17th and 20th respondents were not properly made before the court and the papers have been expunged from the record with no order as to costs.
The 5th respondent is Dr Noah Manyika of the Build Zimbabwe Alliance, the 6th respondent is Peter Wilson of the Democratic Opposition Party, the 17th respondent is Elton Mangoma from the Coalition of Democrats and the 20th respondent is Daniel Shumba of the United Democratic Alliance.
Justice Malaba revealed that reasons for the decision shall be contained in the main judgment.
This is a developing story. Details to follow.
Refresh this page for updates.
VIDEO LOADING BELOW…
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
VIDEO LOADING BELOW…
VIDEO LOADING BELOW…
video loading below…
VIDEO LOADING BELOW…
VIDEO LOADING BELOW…
VIDEO LOADING BELOW…
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.”
Multiple Openings – Private Sector Family Planning: Chemonics
Deadline: 7 September 2018
Chemonics seeks multiple technical specialists for the anticipated multiyear, DFID-funded family planning project to expand the provision of high quality family planning information and services through the private sector in Zimbabwe, promoting an integrated approach with other cost-effective sexual and reproductive health services. This activity emphasizes improving access for women, young people under the age of 20 years and economically disadvantaged populations living in underserved areas, and promoting the inclusion of people with disabilities and other marginalised groups. We are looking for individuals who have a passion for making a difference in the lives of people around the world.
We are seeking long-term technical specialists in the following areas:
– Private sector health engagement
– Social franchising of family planning services
– Social marketing of family planning
– Family planning policy
– Capacity development for family planning services
Preferred qualifications for technical specialists
Advanced degree in relevant discipline; Minimum of 3 to 8 years of relevant experience in designing, implementing and managing development programs funded by DFID or other donors. Experience with DFID projects preferred; Experience working collaboratively with the government of Zimbabwe, international donors, and local partners; Proven record of successful delivery of technical assistance; Proven managerial and supervisory skills; Excellent written and oral communication skills; Fluency in English is required
We are also seeking experienced candidates in the following areas:
– Finance and Operations
– Monitoring, Evaluation, and Learning
– Grants and Sub-contracts Management
– Accounting
To apply
Please apply through this link: https://ghdrecruit.formstack.com/forms/zimbabwe_private_sector_family_planning
No telephone inquiries, please. Finalists will be contacted. Candidates will be reviewed on a rolling basis until the positions are filled. No telephone inquiries, please. Finalists will be contacted.
In addition, please download and complete Chemonics’ equal employment opportunity self-identification form available here: bit.ly/t6VWug and submit it separately to [email protected] with only “Technical Specialist – Zimbabwe PSFP” in the subject line. If you prefer not to disclose your sex, race, or ethnicity, you may check “I do not wish to complete the information requested.” Thank you for completing the form and supporting our equal employment opportunity reporting requirements.
Chemonics is an equal opportunity/ Affirmative Action employer and does not discriminate in its selection and employment practices. All qualified applicants will received consideration for employment without regard to race, color, religion, sex, national origin, political affiliation, sexual orientation, gender identity, marital status, disability, or protected veteran status, genetic information, age, membership in an employee organization, or other non-merit factors.
Primary Counsellors (Mpilo and Parirenyatwa Centres of Excellence): AHF Zimbabwe
Deadline: 31 August 2018
Background
AIDS Healthcare Foundation (AHF) is an international humanitarian organization operating in Zimbabwe. The organization works with Ministry of Health and Child Care to create Centres of Excellence (COE) for HIV prevention, treatment and care for people living with HIV&AIDS. AHF is looking for Primary Counsellors to fill positions that have arisen at the Centres – Mpilo Hospital (Bulawayo) x2 primary counsellors and Parirenyatwa Hospital (Harare) x 2 primary counsellors. The successful candidates will be expected to provide HIV testing services, facilitating linkage, demand creation for HIV testing among other responsibilities. The primary counsellors will work under the direct supervision of a senior counsellor/prevention officer at Parirenyatwa COE and at Mpilo COE respectively
Essential Duties and Responsibilities
Provides pre and post HIV confidential counseling and testing, to all patients willing to have the HIV test done; Performs the rapid HIV testing on all clients that have consented to testing using the recommended algorithm; Encourages and support patients that test positive, helping them to cope with the new diagnosis; Participates in Rapid HIV testing program initiatives and outreaches; Acts as (by facilitating) a linkage between HIV diagnosis, care, support and treatment; Facilitate group test counseling/ education in rapid testing campaigns to ensure maximum client coverage; Ensuring that condom dispensers are replenished at the sites; Facilitate education on condom use including condom demonstration; Ensuring that HIV IEC materials are available on testing sites; Other duties may be assigned.
Ongoing adherence counseling duties include
Collaborate with other health care professionals (doctor, nurse, social worker, community health care worker, home-based caregiver, and psychologist) in maintaining treatment protocol; Provide direct and comprehensive primary, preventive and psychosocial care to patients; Teach and counsel patients & family on disease prevention and staying healthy; Assist patients with adherence counseling and document the session in counseling form; Provide ongoing psychosocial counseling to clients attending the clinic; Assist with the reading and interpretation of the CD4 count results to clients; Maintain filing system for all client records including psychosocial forms, laboratory results and medical records
Education and/or Experience
Certificate in HIV Rapid Testing OR Certificate in HIV Testing and Counseling; One-year experience in related field
Other Skills and Abilities
Sensitivity to patient population and issues surrounding HIV/AIDS; Strong interpersonal skills; Knowledge of Database software and Word Processing software; Ability to facilitate training and communicate well with clients and staff members; Ability to plan, organize, and manage work on an independent basis; Knowledge in applying quality assurance principles, legal aspects and standards governing psychosocial practitioners
To apply
Interested candidates should send their applications to: [email protected] with a subject line Primary Counsellor AHF Zimbabwe. Candidates should indicate the preferred Centre – Mpilo or Parirenyatwa. Only shortlisted candidates will be contacted.
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.”
VIDEO LOADING BELOW…
Which Investors Will Put Money Into A Country Whose Judges Lie And Cheat Their Own Laws ?
— ZimEye (@ZimEye) August 22, 2018
VIDEO LOADING BELOW….
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
30
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
The real leader of the famous Crocodile Gang(William Ndangana)’s secretary, speaks on ZimEye. WATCH VIDEO BELOW:
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|