Farai Dziva|Professor Jonathan Moyo has said it is everyone’s responsibility to fight for freedom from Zanu PF oppression.

Moyo added Zimbabweans should not expect MDC Alliance leader, Advocate Nelson Chamisa “to fight a lone battle.”

Below is Moyo’s argument:
It’s therefore very wrong for Zimbabweans to expect @nelsonchamisa
and MDC-A to fight alone against the system, which has usurped the constitutional authority of the people. Zimbabweans must fight together as one, just like Malawians. If Malawi did it, Zimbabwe can also did it!

Since Zim’s Constitution provides that executive authority, judicial authority & legislative authority belong to the people; the abuse of this authority to steal the 2018 presidential poll, endorse that theft & recall MDC-A MPs…

Congratulations to Malawi’s Tonse Alliance for winning the presidential election and to Malawians for once again expressing their will which will undoubtedly count, this time. Clearly nothing can stop an idea whose time has come. There are huge lessons for Zimbabwe from Malawi!

Having stolen presidential authority from
@nelsonchamisa
the military, which now controls state power, got Mnangagwa to get Parliament to steal legislative authority from the MDC-A via phoney recalls of its MPs, using a dubious Supreme Court judgment backed by MDC-T sellouts!

Against this background, the screaming question for Zim to learn from Malawi is deafening: why are Zimbabweans allowing the theft of their executive authority, judicial authority and now legislative authority to go unchallenged, by treating it as a Chamisa or MDC-A thing? Why?

A 53-YEAR-OLD Filabusi man has been ordered to pay a $3 000 fine after he stabbed his young brother with a knife in the stomach following a misunderstanding while discussing family issues.

Alfred Moyo from Shamba area was convicted on his own plea of guilty to assault by Gwanda regional magistrate Mrs Sibonginkosi Mhlanga. He was ordered to have paid $3 000 fine by June 30 or risk being jailed for six months.

Moyo was initially charged with attempted murder which was later altered to assault due to the level of injuries which were sustained by the complainant.

Prosecuting Mr Khumbulani Nyoni said Moyo and his brother Mr Aleck Moyo (44) were discussing family issues when they had a misunderstanding.

The accused person pulled out an okapi knife and stabbed his brother on the stomach.

“On 2 March at around 6PM Alfred and Aleck were drinking beer at Alfred’s home discussing family issues.

A misunderstanding ensued between them and Alfred went into his bedroom and came out with a stick and struck his brother three times on the back,” he said.

“The complainant managed to snatch the stick from Alfred and hit him back. Alfred retrieved an okapi knife from his pocket which he used to stab the complainant on the stomach.

Aleck was assisted by his nephew who escorted him to the police station to file a report leading to the arrest of the accused person.”

In mitigation, Moyo said he attacked the complainant in self-defense after he was attacked first.

He said his brother first punched him and in anger, he took a stick and used it to hit back.

Moyo said the complainant snatched the stick from him and began assaulting him and that is when he panicked and pulled out the knife.

“I panicked Your Worship and pulled out the knife when Aleck kept continuously hitting me with the stick as I thought he would hurt me. It wasn’t my intention to hurt him as I was just acting out of self-defense,” he said-Chronicle

A pressure group, Wabantu Movement Zimbabwe, has notified the Zimbabwe Republic Police (ZRP) of its intention to stage a demonstration in Harare on June 29 against abuse, torture and the ill-treatment of citizens as well as the shooting of two workers in Gweru by their Chinese employer.

In a letter dated 25 June 2020 and addressed to S. Matongo, Chief Superintendent Officer Commanding Police Harare Suburban District, one of the leaders of the pressure group, Jim Kunaka, said the protestors will hand over a petition to President Emmerson Mnangagwa and another one to the Chinese ambassador to Zimbabwe. Kunaka wrote:

RE: NOTIFICATION TO STAGE A DEMONSTRATION AGAINST ABUSE OF ZIMBABWEANS BY CHINESE FOREIGNERS IN ZIMBABWE ON THE 29th OF JUNE 2020 FROM 800 HOURS TO 1700 HOURS.

This letter seeks to notify your highly esteemed office of our intention to hold a peaceful demonstration against abuse, torture, ill-treatment and latest case of the gunning down of our fellow brothers and sisters by Chinese nationals in our country.

Our demonstration will take place outside the Chinese Embassy in Harare on the 29th of June 2020.

This noble cause is being spearheaded by Wabantu Movement watchdog which seeks to safeguard and ensure that the National Objectives as enshrined in Chapter 2 of the Zimbabwean Constitution are respected and adhered to.

The people will gather at the Africa Unity square which is at the corner of Sam Nujoma and Nelson Mandela Avenue at 0800 Hours, then we will proceed with Sam Nujoma Street situated at the corner of Samora Machel and Sam Nujoma Street.

The people will camp outside the President’s offices, two of our members will hand over the petition to the President.

Once the President has received our petition, we will then proceed and march to the Chinese embassy to hand over another petition to the Ambassador.

We are consciously aware of the Statutory Instrument S.I. 83 of 2020 and we are going to conduct our peaceful demonstration observing social distancing and all members will be wearing face masks to avoid the spread of COVID-19.

To this end, we are going to have marshals who with the help of your office maintain order, discipline and hygiene during the demonstration.

This letter serves as a notification to your office, it is not a request for permission.

“Mashumba only told me that there was a scuffle and i said i will address this issue today,” said Shakespear Mukoyi

Watch the live video loading below….

Watch the live video loading below……

Watch the live video loading below…….

MDC Alliance proportional representation Member of Parliament for Matabeleland South Province who was also the Chairperson of the party’s women wing, Lindiwe Maphosa, has quit the party and joined the Thokozani Khupe led MDC-T specifically to save her parliamentary position.

We publish below a translated version of her resignation note to fellow members of the party women wing.

Good morning fellow women comrades, I hope I find you well.

I want to thank you all first for standing with me and supporting me through out.

Today I come to you with a heavy heart. I have set down and thought deeply about my situation and realised that it is my right to remain in parliament and stay there for the next three years.

I know my decision will not go well with most of you but there comes a time in life when one has to make a personal decision.

Time will tell if I am wrong.

I found it illogical for me to let go of what I am already holding on for what I am hoping to get.

We all know very well how we have been treating each other as members of the MDC Alliance in Mat South.

I have no friends in the province and have had to survive by fighting to be who I am. It is by the grace of God against all odds that I came this far.

In this regard I hereby resign from my position as the provincial Chairlady and the party. I wish you all well and wish you would continue working hard in the fight to bring us a better Zimbabwe. I love you all.

Will advise the Secretary General and Organising Secretary of my exit from the party.

By Lindiwe Maphosa

Masvingo – Government has banned the isolation of Covid-19 patients at home because many are violating World Health Organisation (WHO) conditions thereby bringing many people at risk of contracting the virus, a provincial taskforce spokesperson has said.

Rodgers Irimayi who is Masvingo Covid-19 Provincial spokesperson told The Mirror in an interview that Government issued the directive last week following concerns that isolated patients were visiting shops, interacting with outsiders and failing to adhere to strict WHO rules.

“All people who test Covid-19 positive will henceforth be isolated at quarantine centres until they fully recover. This is the directive that we received from Government last week. However, those who are already isolated at home will not be affected,” he said.

In Masvingo all new positive cases will be isolated at Alvord Training Centre, a Government Institute that is 5km off Harare – Masvingo Highway some 32km from Masvingo.

“Positive people used to be released for self isolation at home but a new Government directive requires all of them to be isolated away from home. It was realised that most of those in self isolation at home were violating rules of movement.

“We already have eight cases at Alvord,” said Irimayi.

Masvingo has 78 returnees quarantined at Rupangwana (12), Bikita (16) and Mushagashe (50) Training Centres. Masvingo Teachers’ and Masvingo Polytechnic colleges were recently decommissioned as quarantine centres leaving the province with only three.

Masvingo recorded 53 positive cases and most are returnees from neighbouring countries. Three prison officers contracted the deadly virus while working at Masvingo Teachers College quarantine centre. The province has 40 active cases after thirteen people recovered.

Masvingo Mirror

263chat

The fight for the control of the country’s main opposition party Movement for Democratic Change is far from over after a rival faction fronted by Thokozani Khupe led MDC-T threatened to approach the courts to reclaim the name and symbols of the party from the Nelson Chamisa led grouping.

The Thokozani Khupe grouping has already grabbed the party headquarters, Morgan Richard Tsvangirai house from the MDC Alliance with the assistance of the police and soldiers.

This followed a Supreme Court ruling that restored the movement to its 2014 status, a move that placed Khupe at the helm of the movement pending an extra-ordinary congress to elect a successor to the late founding President Morgan Tsvangirai who succumbed to cancer of the colon in February 2018.

Speaking to 263Chat, MDC-T spokesperson Khalipani Phugeni confirmed plans to eventually stop the rival camp from using the MDC name and symbols.

“We haven’t started that because we are still dealing with other matters, there are five to six cases which they have filed before the High Court and the other one is now at the Supreme Court so it’s not something that we are rushing but as soon as we are done with this we will indeed enforce our rights to our name and make sure that they stop this infringement of using our name,” said Phugeni.

Contacted for comment, MDC Alliance spokesperson Advocate Fadzayi Mahere said political power lies within the people not party names or symbols.

“Obviously, strategy and tactics can’t be debated in the media however what’s critical at the end of the day is that political power lies in the people, not in names, symbols, buildings or any of the other petty obsessions that Zanu PF and its proxies would want to distract us with,” said Mahere.

She said the nation is in a decline and the MDC Alliance will not be distracted but will remain focused on improving the lives of people.

“The nation is burning. The economy is in decline. The Constitution is under attack. The cost of living is beyond reach. Livelihoods have been destroyed. We will remain focused on improving the lives of the people. That is our strategy – to win Zimbabwe for change,” she said.

Tongaat Hulett has announced new sugar prices effective today 25 June 2020. According to the price list brown sugar 2kg was $106.40 now $212.80 and 2kg white sugar was $112.45 now $224.90

Brown sugar 10KG will now cost $1 064 while 10KG white sugar will cost $1 124.

Tongaat Hulett  is the biggest sugar production in Zimbabwe with operations consisting of Triangle and a 50,3 percent stake in Hippo Valley Estates, representing a combined installed sugar milling capacity of more than 640 000 tons.

MISA Zimbabwe has written to Parliament in response to the august house’s call for submissions on the Cybersecurity and Data Protection Bill which was gazetted on 15 May 2020. The letter outlines issues that need to be addressed in specific sections of the bill and offers recommendations.

Below is the letter submitted to Parliament:

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23 June 2020

CLERK OF PARLIAMENT

Parliament of Zimbabwe
Cnr 3^rd Street & Kwame Nkrumah
P.O Box CY 298, Causeway
HARARE

Dear Sir/Madam,

REF: MISA-ZIMBABWE SUBMISSIONS ON THE CYBERSECURITY AND DATA PROTECTION BILL

MISA-Zimbabwe writes to you in response to your call for submissions on the Cybersecurity and Data Protection Bill. MISA-Zimbabwe commends the executive for this bold step in developing a draft that establishes a regulatory framework for the ICT sector as this serves as address the legal gap that had been created due to the technological advancements and the absence of a legal framework on internet governance.

Be that as it may, taking note that the law is still in the making. The first submission, therefore, is that the bill must be unbundled so that three bills emerge name: Cyber Security; Electronic Transactions and Data Protection Bills respectively as these are wide and complex issues that cannot be attended to in an omnibus bill as being proposed by the executive. Further, MISA-Zimbabwe advocates for the development of a framework that promotes good and democratic internet governance and therefore makes the following submissions:

Section 3: Interpretation

Issues to be addressed

• The definition of code of conduct seems to extend to IT resources, and Internet for the data controller. IT resources is extremely wide as a definition and it might include equipment, networks, hardware, software, technical knowledge, expertise, information and computer systems in the controller’s control or possession. This definition does not address the fact that data processing is manual, electronic or automated
• The current definition of consent is not sufficient. The definition must be expanded in regulations or codes of conduct. Consent must be clear and unequivocal. It shows agreement, acceptance, concurrence or granting of authority to a processor to process data.
• Personal information definition can be expanded to include other identifiable elements which are currently not included in the Bill. The definition of personal information can include objective and subjective elements. The Bill includes traffic data in definition of data. This means that a cellphone number or an Internet Protocol (IP) address, e-mail address, location data constitute personal information. Online identifiers such as IP address, cookie identifiers, or even radio frequency identifications (RFID) tags must be considered as personal information.

Recommendations 

• IT resources and Internet should be removed from the definition of codes of conduct. In the alternative the definition should confine itself to IT processes which means any processes related to the data controller or processor for purposes of gathering or collecting data and processing data.
• At the very minimum the definition of consent must encapsulate the following attributes to constitute lawful consent: freely given in that the person must not be pressured into giving consent or suffer any detriment if they refuse; Specific, in that the person must be asked to consent to individual types of data processing. Informed; the person must be told what they’re consenting to. Unambiguous- language must be clear and simple. Clear affirmative action; the person must expressly consent by doing or saying something.
• The interpretation of personal information can include other subjective and objective elements of personal information as discussed. The definition of personal information on health is expansive. This interpretation must be carried forward for defining sensitive data. Further, the definition of health personal information can be expanded to include the provision of health care services, which reveal information about one’s health status.

Section 5 & 6: Cybersecurity Centre

Issues to be addressed

• The setting up of POTRAZ as the Cybersecurity Centre is problematic. The responsibilities of POTRAZ are already wide under the original enabling Act, the PTA. These added powers will make POTRAZ a super-executive institution, with limited independent oversight. POTRAZ under the PTA reports to the Minister, and no one else. Additional mandate under this proposed Bill will report to the Minister as well.

Recommendations

• A separate institution should be set up as the Cybersecurity Centre. However, if the Bill retains POTRAZ in this role then POTRAZ must report and be accountable to Parliament. Its mandate and enforcement of human rights require independent oversight and not the executive. It is also international practice that there should be Parliamentary oversight on such bodies.

Section 7 & 8: Data Protection Authority (DPA)

Issues to be addressed

• The Bill provides wide-ranging powers to POTRAZ, an institution that already controls significant data, processed and or controlled by mobile network operators (MNOs), internet service providers (ISPs), and mobile money operators. The powers under s 8 are very expansive and what will result is that POTRAZ will be a super-administrative body, and reporting to the executive, through the Minister.
• A quick review of the PTA establishing POTRAZ evidences an executive driven authority. This undermines functional and operational independence.
• Section 4(3) of the PTA is verbatim s 8 (2) of the Bill. Despite this intent, there are several provisions in the PTA that gives the minister powers to interfere; s 25 (1), minister issues policy directions on national interest, which the Board shall take all necessary measures to comply with, s 25 (3); s 26 (1)-(2), the minister may direct Board to reverse, suspend or rescind its decisions or actions, after the minister consultations with President, that Board decision was not in the “national or public interest or the interests of consumers or licensees.” The PTA establishing POTRAZ as the Authority is therefore clearly littered with provisions obliterating functional and operational independence.

Recommendations

• The DPA functions should be resident in a new and independent institution and a statutory commission. The Bill should provide for an independent DPA, accountable to Parliament. The appointment processes must be publicly conducted to instil confidence and legitimacy.
• It is possible that arguments on the availability of resources for such an initiative might be raised. However additional institutions are being created such as the Public Protector under Constitution Amendment Bill number 2 whose functions can easily include data protection and handling of complaints from the public. The Authority will be providing advice on constitutional matters, which also relate to the right to privacy and access to information.
• In its current composition, POTRAZ is not suited for any of these purposes. The POTRAZ Board has diverse but not appropriate skills set for conducting policy advice and oversight on issues such as the right to privacy and access to information. The technical staff working on data protection should also be recruited in open public processes.

Section 9 (1)(a)-(c): Quality of data

Issues to be addressed

• This provision summarizes the data protection principles applicable to a data controller. Unfortunately, to make this short and precise, the Bill leaves out critical aspects or has them scattered in other sections, including Part V, sections 10 and 11, making the Bill a complicated read.

Recommendations

• Part IV should clearly spell out the principles of data protection, and that these are applicable to the data controller, and any other person in their control or authority including data processor. These principles can be further expanded in the Bill as it relates to aspects of processing data for instance, on issues of consent, processing of sensitive data and automated processing of data. These principles can be placed before the functions or designation of the DPA/Authority as they constitute the foundation of DPA/Authority’s function and mandate. The current drafting makes data subject rights afterthoughts and hidden in the Bill’s text

Section 12 (3): Non-sensitive data

Issues to be addressed

• This provision allows for processing of non-sensitive data without the consent of the data subject in certain circumstances which include for purposes of “performing a task carried out in the public interest…” Public interest has attracted a wide definition and application. Absence of a definition of public interest removes clarity and lends itself to broad interpretation, if not abuse. Authorities should not be given this wide latitude to process non-sensitive data without sufficient guard rails.

Recommendations

Section 12 (3) (d) should list the specific issues that constitute or qualify as public interest. For s 12(3)(e), the drafters should provide guidance on interpretation and application to remove any prejudice or harm being suffered by the data subject if there is doubt in balancing interests.

Section 12(4)

Issues to be addressed

• This provision stipulates that conditions indicating satisfaction with subsection (3) may be outlined and this is not a sufficient safeguard.

Recommendations

• The data controller and processor have the onus of proving that their actions are for the protection of personal data and privacy. The conditions must be outlined in the regulations and codes of conduct to avoid abuse and inconsistent interpretation.

Section 13(2): Sensitive information

Issues to be addressed

• Section 13 (2) has several exceptions to consent which presents difficulties. Of note is s 13 (2) (b), (d), and (f) which focus on vital interests of the data subject or another person, national security and data in public domain respectively.
• Vital interests of data subject or another person is considerably a wide framing and can be abused, especially in the absence of guidelines.
• The use of wide exemptions that cover “national security” or “public order” is problematic, hence not recommended. History has shown that such framing lends itself to abuse.
• The Bill suggests that since data is already in the public domain it is subject to processing without the data subjects’ consent. This has grave implications. First, the data subject might have placed it in the public domain for a specific purpose that it had been processed for. The fact that the data is a public record or in the public domain, even with the consent of the data subject does not extend to further processing of any kind.
• Section 13 (2) (a) speaks of specific rights of the controller in the field of “employment law”, this is potentially misleading. A data controller in the employment field or law does not have rights as they relate to the data, they have duties and legal obligations. Rights are for the natural person whose data is being processed.

Recommendations

• To constitute a legitimate and justifiable exemption this provision must be expanded to indicate that the exemption is clearly defined and prescribed by law; they should be legitimate as they advance or respect individual rights and freedoms under the constitution and the Bill and necessary, proportionate in a democratic state. Equally substantial public interest should be considered as such if lawful if the processing is proportionate and there are sufficient safeguards for data protection and privacy.
• The data that is publicly available due to the data subject’s act must be protected from further processing of any other purposes other than the intended purposes it had been collected or made public for. Public availability should not be assumed as consent, neither does this constitute legal grounds for additional processing of the data.
• The processing of data subject’s data to protect the interests of another person should be clearly framed to indicate that “another person” is a natural identifiable person and not juristic persons. This will eliminate or mitigate against abuse. Vital interests of another person should be clearly defined as those that constitute existential needs and interests. If also there is knowledge that the data subject even if the vital interests existed would not have consented to the processing of the data, then such processing should be deemed unlawful.
• The section might be intending to address the legal obligations of the data controller in the employment law, this should be stated as such.

Section 14: Genetic data, biometric sensitive data and health data

Issues to be addressed

• Section 14 (3) has exemptions to consent on processing of genetic, biometric sensitive and health data similar to s 13 above. Section 14 (3) (a) exempts consent in writing if processing is in compliance with national security laws or (d) processing is required by or by virtue of law or any equivalent legislative act for reasons of substantial public interest or (e), processing is necessary to protect vital interests of the data subject, or another person (g) data relates to data made public by the data subject.

Recommendations

• The recommendations proffered with regards to Section 13 shall apply

Sections 15 and 16: Disclosures when and when not collecting data directly from data subject

Issues to be addressed

• Section 15 (e) (i) and section 16 (e) (ii) provides for the data to be disclosed to “recipients or categories of recipients of the data”. It presupposes some level of sharing of personal data with other recipients and categories not stated.
• Further, the provision does not specify if the recipients have safeguards or are cross border recipients.

Recommendations

• These provisions must consider inclusion of a section on sharing of data and if the data will be shared or legitimately disclosed to another recipient.
• The section should provide for the data subject to be informed when personal data are first disclosed to the recipient.

Rights of data subjects

Issues to be addressed

• The Bill provides for various rights for data subjects in different parts of the Bill. This is commendable but not sufficient. Sections with data subject rights include ss9 (1) (b), 15(1) (c), 15 (e) (iii), and 16(1) (d) providing for right to object, right to access and rectify.

Recommendations

The Bill will benefit from listing all the data subject rights separately and then reinforcing them with specific sections on their application. These rights, based on international practices and standards include the following:

• The data subject’s right of access
• The data subject’s right to rectification.
• The right to erasure or the right to be forgotten
• The right to data portability.
• The data subject right not to be subject to a decision based solely on automated processing,
• The right to be notified when there is a breach, or the personal information and data is compromised, or accessed by unauthorized means

Section 19: Security Breach Notification

Issues to be addressed

• The section is short. There is no specification of when notification should be conducted other than that there should be no undue delay. The Bill should be very clear as to what constitutes undue delay or within what period after the discovery of the breach should notification be made.
• The Bill is silent on notification of breach to data subjects

Recommendations

• The Bill must expand on the notification requirements by the data controller to the Authority, including the nature of notification, the time allowed after the breach is discovered to notify the Authority. This cannot be more than 72 hours unless the reasons for further delay are provided. If the drafters are concerned with a voluminous Bill, these clarifications must be included in regulations. Otherwise, as currently framed s19 is insufficient to allow the Authority to exercise oversight on data controllers, and or processors.
• Notification guidelines or regulations should specify;
  a) nature of the personal data breach, number of data subjects affected, categories of data breached;
  b) include contact persons or details for data protection officer;
  c) likely impact of the data breach; and,
  d) measures taken by controller.
• A data subject should be notified of data breach and it shall be in plain and clear language. Lack of notification of data subjects means that they are not able to seek redress or mitigate harm. Even if the information was encrypted or under storage capability that limits exposure, notification to the data subject is right, and not a privilege. South Africa’s POPI Act, s22 provides that notification shall be in writing and communicated through mail, sent by email, or placed in a prominent position on the website of responsible party, or published in the news. Uganda has similar provisions. Notification can only be waived if the identity of such data subject cannot be established or if the notification constitutes a disproportionate effort as defined under the Bill.

Section 20: Obligation of notification to authority

Issues to be addressed

• The section introduces a new term: automated operation in addition to automated processing. The section is convoluted, and easily creates confusion of its intended objective
• Notification for processing of data is also exempted if “there is no apparent risk of infringement of the data subject’s rights and freedoms” or the data controller has appointed a data protection officer. This is the first time a data protection officer is introduced in the Bill, in the middle of notification issue, which is the responsibility of a data controller, and or processor. Even though the DPO under the Bill is charged by the controller “with ensuring, in an independent manner, compliance with the obligations provided for in this Act” there are no detailed provisions of her or his responsibilities other than leaving that for guidelines to expand.

Recommendations

• The Bill should use consistent terms throughout unless if automated operation or set of operations is defined to mean something different from automated processing which the Bill uses on several instances.
• The DPO appointments and functions require development as much as is possible in the Bill, or immediately after enactment but before commencement to allow institutions to comply if they need to appoint DPOs. There is no clarity on when a DPO is required.

Section 22: Authorisation

Issues to be addressed

• The Bill does not outline the criteria to be used to decide to conduct an inspection and assessment of security systems other than it being the opinion that specific risks to privacy rights exists. The fact that s 22 allows the Authority to establish categories of data which requires specific processing based on risks to fundamental rights of data subjects is not sufficient.
• Categories of data do not address the discretion to conduct or not to conduct an assessment and inspection. The significantly wide discretion to the data controller leaves this to a reasonable person test on whether in that person’s opinion risks existed or not.
• Data retention periods are not clearly stipulated in the Bill

Recommendations

• An inspection and assessment should ideally be conducted before processing. The Bill should make specific provisions for data impact assessments/inspections, including requirements of notification to data subject which must be concise, and in clear, simple language. The Bill must provide for guidelines for data processors on what would result in data protection assessments and inspection. The criteria should include possible profiling, large volumes of data, merging of different data gathered by different processes, use of newer technologies or possible data transfer to countries.
• There are other laws which allow retention of data for instance in the telecommunications field in respect of traffic data, or subscriber information. This data is regulated under a different regulation and instrument. The application of the Bill in such matters must be clarified

Section 23: Openness of processing and Section 24: Accountability

Issues to be addressed

• This provision is commendable as it advances openness and transparency of the Authority’s data processing activities. Section 24 provides for accountability of data controller in complying with the principles in the Bill.

Recommendations

• The maintenance of register ideally should be included in the data protection principles and the functions of the Authority. The register should not be left to the last sections of the Bill. The level of openness must be manifest throughout the Bill. All registered data controllers should be kept in a register open for public inspection. Accountability must be listed as one of the duties that data controllers are required to comply with. An accountability principle should be included in the Bill, for the Authority and data controllers.

Section 29: Transfer of data across borders

Issues to be addressed

• Section 29(1) (d) allows for transfers without satisfaction or assurance of adequate level of protection in another place if “necessary or legally required on important public interest grounds”. Again, public interest grounds remain undefined in the Bill, making this susceptible to abuse.
• Section 29(1) (e), allows for transfer without adequate protection if this is necessary in order to protect the vital interests of the data subject. This drafting is also considerably wide on vital interests and the guidelines must outline this.

Recommendations

• Recommendations proffered in relation to Section 3 shall apply.

Section 31: Whistleblowing

Issues to be addressed

• The section is thin on any protections guaranteed to whistleblowers – it actually does not offer any protections. This pales in comparison to efforts in neighbouring South Africa to protect whistleblowers through the Protected Disclosures Act. It is unlikely that Regulations will be comprehensive enough to cover an area that countries such as South Africa, the United Kingdom and the United States of America have dedicated entire Acts to. This lack of actionable legislation to regulate whistleblowing is a cause for concern in a country such as Zimbabwe that is struggling with deep-rooted corruption in both the private and public sectors.

Recommendations

• The recommendation here is that this Section be revised to set out guarantees of protection for whistleblowers as well as other concrete steps in the handling of investigations that result from whistleblower revelations

Section 35: Amendment to the Criminal Law Code

Issues to be addressed

• There is a worrisome inclusion of the term “remote forensic tool” in the definitions. In this Bill, the remote forensic tool is defined as “an investigative tool including, software or hardware, installed on or in relation to a computer system or part of a computer system and used to perform tasks that include keystroke logging or transmission of an IP-address.”
• This is problematic for several reasons; the use of the word “forensic” gives the impression that this is an investigative tool used to investigate events after the commission of an offence. The definition shows that the tool is actually used before the commission of a crime; it is a data collection tool that collects which includes keystroke logs through software or hardware that is remotely installed on a target’s electronic device.
• Keystroke loggers are in actual fact privacy breaching tools that collect all the information inputted into a device such as a computer by recording every key typed in, the sequence the keys are typed in as well as recording every mouse click. When these keystrokes and mouse clicks are matched to websites visited, it becomes easy to collect sensitive information such as login details, passwords, banking information and other forms of sensitive information that is not related to the investigation or crime.

Recommendations

• Neither the Bill nor the Criminal Law Code that it seeks to amend contain any judicial oversight on the use of such far-reaching technologies. There is no procedure at all relating to how this technology may be used and which state security agents may use it. The lack of any boundary setting provisions within which this technology may be used is shocking and reckless.
• Such far-reaching technologies should therefore not be resorted to except in specified circumstances provided for under judicial oversight.

Offences relating to electronic communications and materials

Issues to be addressed

• Section 164 criminalizes the sending of messages that incite violence or damage to property. In the past, this charge has been used to prosecute organizers of peaceful protests and other forms of public disobedience. The same goes for sections 164A and 164B that criminalize the sending of threatening messages and cyber-bullying and harassment respectively. These provisions are necessary but however, the way these Sections are widely worded makes it easy for the State and any of its security agencies to target and persecute individuals in the name of investigating crime in terms of this cyber law.
• The same criticism applies to Section 164C which relates to the transmission of false data messages. This provision is similar to the scandalous provisions found in the outgoing AIPPA as well as the Criminal Law Code which were specifically aimed at silencing the Zimbabwean media and any other dissenting voices that dared criticize the government.

Recommendations

• It is strongly recommended that these Sections relating to electronic communications be thoroughly revised to bring them into line with the constitutional provisions relating to free speech, media freedom as well as case law that criticized and in some instances struck down similarly worded provisions in AIPPA and the Criminal Law Code.

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Annexed to this letter is also a comprehensive commentary on the Cybersecurity and Data Protection Bill that MISA-Zimbabwe produced, together with a Policy brief and a Policy Guide on the same. It is MISA-Zimbabwe’s hope, that based on these submissions and the attached documents, Parliament will be fully informed to exercise its role in the law-making process.

Yours sincerely,

Golden Maunganidze
National Chairperson

Cc. Ministry of ICT, Postal and Courier Service
Cc. Acting Chairperson of the Parliamentary Portfolio Committee on ICT, Postal and Courier Services (Hon. A. Gandawa)
Cc. Speaker of House of Assembly, Hon. J. Mudenda

NewsDay

ZANU PF youth from Bulawayo have complained over the “turning of COVID-19 relief funds into loans” with stringent conditions to access the funding.

The government recently set up a $17 million COVID-19 relief fund for youths to cushion those affected by the coronavirus lockdown. Youths deputy minister Tinomuda Machakaire recently said the fund was being distributed equally across all provinces.

Bulawayo’s Mqamulazwe district youth league vice-chairman Ryan Mpofu said the conditions set for one to access the relief funds proved that it was a loan.

“Being Zanu PF does not mean I have to agree with something that is wrong,” Mpofu said.

“One should have a conscience and do the right thing. We should not agree for the people who are doing it but do things in a proper way.”

Mpofu added: “The relief fund is for youths and is non-partisan. But what is happening is that there are stringent conditions that have been put for one to access the funds.”

Some of the requirements are production of sales records, receipts from suppliers, and EcoCash statements, while the majority of informal traders do not have such documentation.

“This has happened before when people were promised projects and money but the question is how many people got the projects. Now they are wasting the little resources we have in travelling and printing and at the end of the day, we receive nothing,” Mpofu said.

“Who keeps a sales record while operating an informal business? There is absolutely no reason to have these records when operating an informal business, why are they asking for it? Even an EcoCash statement? Mostly, when we sell, we want cash, so why an EcoCash statement?”

Mqamulazwe district youth league secretary for administration Lesly Mafu added: “This relief fund is for every young person who is failing to make ends meet during the COVID-19 period.

A lot of businesses are closed and the youth usually do informal trading and their businesses are small and not recognised, but that is how they earn a living,” Mafu said.

“It is becoming very difficult for the youths, hence the relief fund so that they have something to put on the table. It’s a fund, not a loan. There is no need for so-called business documents.”
Mafu said cross-broader traders should not be asked to produce a bank statement.

“It doesn’t make sense. This defeats the purpose of the fund,” Mafu said.

Farai Dziva|MDC Alliance president, Advocate Nelson Chamisa has described the outcome of the Presidential election in Malawi as a major breakthrough for democracy.

Although the Malawi Election Commission has said official results are yet to be announced, indications are that Dr Lazarus Chakwera is poised for victory.

“New life to Malawi! Congratulations to the President Elect.A true believer in Christ.

Dr Lazarus Chakwera served at the helm of the Assemblies of God for many years.

The Lord has given Malawi a Godly man.Kudos to state organs’ professionalism and citizens’ vigilance.Well done Malawi,” President Chamisa wrote on Twitter.

Sugar producers Tongaat Hulett has hiked the price of sugar again, the third time in under a month.

Just last month, a 2kg of brown sugar was being sold for rtgs70 but now costs rtgs212.

Soldiers have assaulted journalists Munashe Chokodza and Leopold Munhende this evening, 24 June 2020, who were returning home from work. The duo was assaulted with military whips at the Warren Park shopping centre in Harare. The journalists work for online news sites 263Chatand NewZimbabwe.com respectively.

When the journalists dropped off at the shopping centre, the army was apparently dispersing people from the shopping centre. They stopped the two and questioned them as to why they were not observing the lockdown regulations. Both Munhende and Chokodza produced their press cards and explained that they were coming from work, as they are part of the essential service workers.

The soldiers apparently remarked, “You journalists think you are special in this country”, before ordering them to roll on the ground and assaulted the duo. They both sustained injuries in the process.

MISA Zimbabwe Lawyer Chris Mhike is assisting the journalists in reporting the case with the police for them to access medical care.

MISA Zimbabwe position

MISA Zimbabwe condemns these acts of barbarism by our men and women in uniform. Journalists cannot continue to be punching bags for daring to perform their professional duties, which are defined in the constitution with such impunity. These acts of barbarism are unacceptable in a country that claims to be a democracy, worse off 40 years after independence.

The assault of these journalists shows a clear disregard of media freedom by members of the security forces. It is a violation of Section 61 of the Constitution, the High Court ruling on the 20th of April 2020, which recognized the role of the media during the lockdown and the government’s statutory instrument classifying the media as an essential service in the fight against the COVID-19 pandemic. Section 44 of the Constitution is very clear that the State and every person including state agencies at every level must respect, protect, promote and fulfil the declaration of rights.

MISA Zimbabwe seeks to emphasize that media freedom is essential to the creation of an open and democratic society and should not be interfered with. Journalists are contributing meaningfully to the general public’s access to information and as such their role should be recognized and respected.

MISA Zimbabwe, therefore, re-emphasizes to all the security forces and the general public that journalism is not a crime!

By A Correspondent- Reports from Habakkuk Trust Community Advocacy Action Teams in Matabeleland Province indicate that a significant number of shops are refusing to transact in local currency.

The trust in a report stated that shops in Umzingwane and Matobo Districts are reportedly refusing to accept payments in local currency, a move that has left some communities stranded.

“The deepening economic crisis characterized by hyperinflation has seen a surge in the prices of basic commodities countrywide. The prices increases have been attributed to the plummeting of the local currency against the US Dollar. Currently, the local currency is trading at 1usd: $88 on the parallel market,”the trust said.

Some shop owners at Mawabeni Business Centre in Umzingwane Ward 5 are allegedly refusing to take the local currency, accepting the Rand and USD for transactions. Habakkuk Trust Community Advocacy Action Teams in the area have raised concerns over the issue.

“This a worrying development especially considering that we are still on lockdown and most people are not working,” said one of the Habakkuk Trust Action Team member in the area.

In the meantime, community members in Matobo Ward 19 have lamented the unprofessional conduct displayed by shop owners as they are reportedly charging exorbitant prices to deter consumers from paying in local currency.

“Some products cost almost twice as much in local currency in order to force people to use the rand,” said  Shakespear Ndlovu, a Habakkuk Trust Community Advocacy Action Team Convener in the Ward.

In Matobo Ward 11, shop owners are reportedly demanding forex for essential goods like mealie meal, sugar, cooking oil, and flour while accepting ZWL for smaller items like salt and matches.

In some parts of Nkayi District, it has been reported that shop owners are refusing $2 and $5 bond denominations alleging that they have since expired.

The Government’s inconsistency in the implementation of monetary measures coupled with placid enforcement efforts has been blamed for illicit trading practices prevalent in the retail sector. According to analysts, the move by Government to permit service stations to sell fuel in forex will accelerate the re-dollarisation of the Zimbabwean economy.

Habakkuk Trust implores the government of Zimbabwe through the Finance Ministry to enact measures to reduce illicit trade practices in the retail sector.

Five more people tested Covid-19 positive yesterday bringing the total number of people who have tested positive so far to 530.

According to the Ministry of Health and Child Care all new cases are of people who returned from South Africa and all are in isolation.

“As at June 24, 2020, Zimbabwe had 530 confirmed cases, including 123 recoveries and six deaths. Two of the cases were recorded in Midlands, two in Matabeleland South and one in Mashonaland West provinces,” read the statement.

Bulawayo now has 64 confirmed Covid-19 cases.

Matabeleland South has 49 cases while Matabeleland North has 15 cases.

-State Media

By A Correspondent- Norton legislator (independent), Temba Mliswa was on Wednesday banned from six Parliamentary sittings.

The ban was imposed by the Speaker of the House of Assembly, Jacob Mudenda who cited disorderly conduct in the Chamber.

The ban was imposed following Mliswa’s repeated interjections which in turn disrupted the business of the House.

Earlier on, Adv Mudenda had reprimanded Mr Mliswa for disorderly conduct that he did last week where, in a fit of rage, he charged at another legislator, not for the first time.

This is the first time advocate Mudenda has invoked the newly approved measures in the Standing Orders which were adopted by Parliament a fortnight ago allowing a presiding officer to prevent a legislator from attending sittings for a prescribed period.

When the Standing Orders were adopted, some analysts said they were meant to clip members of opposition parties in the country, particularly MDC Alliance who have been “disrespecting” President Mnangagwa by boycotting sessions he attended or walking out or singing as he steps into the chamber.

MDC Alliance members were saying president Mnangagwa was illegitimate after his ruling ZANU PF, in connivance with the Zimbabwe Electoral Commission stole the 2018 presidential election

Business Times

The military is terminating its platinum mining deal with a Chinese firm to pave the way for new investors after over a decade of unfruitful engagement.

The development comes after Global Platinum (GPR) which was established in 2004 by the army and Chinese firm, Wanbao Rexco, has failed to mine a single ounce of the white metal from 520 million ounce platinum
resources rich mine along the Great Dyke area.

GPR technical manager Retired Brigadier General Livingstone Chineka told Business Times that the government is officially terminating the deal to
pave way for other investors.

“We are fed up with Wanbao Rexco since they came here in 2004 employing their own people and exploiting the country’s platinum resources for absolutely nothing, we can’t accept that.

“We knew that there was nowhere we were going with that deal but Covid-19 has made them accept that the deal is no longer in 2020 as world economies continue to crash due to the effects of the epidemic. The position is that Wanbao is no longer part of GPR and we expect the new investors to come on board when the lockdown restrictions come to an end,” Chineka said.

The army-Chinese marriage has been rocky amid claims the foreign investor was allegedly fleecing off the locals. The dispute centres on allegations that the company only employed Chinese explorers to carry out pre-feasibility and feasibility studies at inflated prices. Wanbao has spent over US$80m in exploration and feasibility studies.

A recent audit also stoked suspicions after US$20m was unaccounted for.
The Chinese company which was spending US$1m for maintenance
has finally dumped the project due to viability challenges.

Chinese feasibility studies were said to cost more than what the local
studies cost as the Asians wanted to take more money from the deal.

In January this year, the army and Chinese investors met VicePresident Chiwenga to plot the way forward for the platinum miner.

The parties agreed to work together but the situation did not take time
as Covid-19 intensified in March and everything stopped.

GPR is said to have untapped platinum claims of 86,7km2 which
is a way bigger than those of Ngezi, Mimosa and Unki mines combined.

Chineka said they were convinced that the argument about the project is not based on the economic viability of the project but completely driven by financial difficulties on the part of the Chinese partners.

He argued that the root of all their problems with their Chinese
counterparts was the failure by Wanbao to respect and honour
the local people as all personnel, materials came from China without
any benefit to the local people.

He also said petty things like exercise books, tissues and all stationery came all from the Far East yet there are a lot of local companies and skilled workers who can do the job.

When contacted for comment Wanbao officials could not pick their mobile phones.

Zimbabwe holds one of the world’s largest known platinum deposits and has been pushing mining firms operating in the country to build refineries to stop the export of raw platinum ore to earn more foreign currency.

Pictures- Two journalists Munashe Chokodza and Leopold Munhende assaulted by soldiers while on their way from work. @RSF_EECA @RSF_en pic.twitter.com/BSLxThO1Zu

— ZimEye (@ZimEye) June 24, 2020

2/ The two journalists Leopold Munhende and Munashe Chokodza were assaulted earlier this evening by 6 or 7 armed soldiers in Warren Park 1. They were stopped and questioned & after producing their press cards, they were made to lie down & assaulted. pic.twitter.com/gs4Ek8jYuk

— ZimEye (@ZimEye) June 24, 2020

By A Correspondent- The Zimbabwe Nurses Association (ZINA) has announced that Sisters-in-charge at Parirenyatwa Group of Hospitals have withdrawn their labour with immediate effect due to incapacitation.

In a letter dated 24 June 2020 and addressed to the Chief Executive Officer Parirenyatwa Group of Hospitals, ZINA said nurses were withdrawing their labour until the government is serious about addressing their grievances. The letter read:

Re: INCAPACITATION OF SISTERS IN CHARGES AT PARIRENYATWA GROUP OF HOSPITALS

The above subject matter refers. We note with concern the lack of urgency by the employer in addressing issues raised by ZINA.

The ongoing incapacitation has not been doing any good to the patient care in this COVID 19 pandemic period.

We have noted that despite the sacrifices shown by nurses the employer has not been forthcoming.

As part of ZINA membership, we share the same grievances and we have been holding fort at our respective wards despite being overwhelmed by the workload.

After consultation and deliberations, we hereby notify that we are withdrawing our services with immediate effect until the employer takes the nurses grievances seriously by way of fruitful negotiations.

Own Correspondent

Norton legislator (independent), Temba Mliswa was on Wednesday banned from six Parliamentary sittings. The ban was imposed by the Speaker of the House of Assembly, Jacob Mudenda who cited disorderly conduct in the Chamber.

The ban was imposed following Mliswa’s repeated interjections which in turn disrupted the business of the House.

Earlier on, Adv Mudenda had reprimanded Mr Mliswa for disorderly conduct that he did last week where, in a fit of rage, he charged at another legislator, not for the first time.

We publish below the full altercation between Mliswa and Speaker of Parliament Jacob Mudenda before Mliswa was ordered out.

HON. T. MLISWA: Sir, they are provoking me. My dad taught that if I am beaten up at school, I must also hit back. They must be restrained, they are old people. I respect them and there are some ladies who are doing that and who are old enough to be my mother. Can they behave like mothers and not be involved in the fight of kids.

THE HON. SPEAKER: Order, order. Can you sit down please

Hon. Member? Hon. Mliswa, what you were told by your father is inapplicable because at that time you were not a Member of Parliament.

Allow the Chair to control the House. Thank you.

THE HON. SPEAKER: Hon. Sikhala, can we be procedural?

HON. SIKHALA: If these people continue to provoke like this Mr. Speaker and you protect them – [HON. MEMBERS: Inaudible interjections] – [HON. T. MLISWA: I am ready to be suspended. I am better off in my Constituency than a bunch of empty heads like these …

THE HON. SPEAKER: Order, order. Hon. Mliswa, order. – [HON. T. MLISWA: Why are you not reprimanding them. Order, I will answer you. Hon. Mliswa, can you withdraw your language again?

HON. T. MLISWA: I cannot be told to withdraw all the time when others are not told to withdraw. It never works like that. The law is for both sides. Therefore, I withdraw but may they be reprimanded when it is their time. We are also human. Our self esteem is important when we come here. We were elected by people. They have the manifesto which they cannot follow and the economy is dying, why do they not work on that and call Government. The Ministers do not come.

THE HON. SPEAKER: Order, order, order Hon. Mliswa. The

Standing Order says and this will apply to Hon. Sikhala. If there is a Member who is making certain a pronouncement, bring this to the attention of the Chair.

HON. T. MLISWA: Mr. Speaker, I brought it up. On Hon. Chanda, I brought it up. It was well heard. I pleaded that I am being attacked, I kept on being attacked I said I can attack back. Over my dead father’s body, people heard me say that, please rescue me. I was being attacked but in your ruling you did not even reprimand him. The truth must be said and I am prepared to be suspended for the truth. My

Constituency is more important than being in this House.

THE HON. SPEAKER: Hon. Mliswa, you are removed from the House for the next six sittings. – [HON. T. MLISWA: Even for good, I do not like being here. It is a useless House Mr. Speaker, it must be fair. Not partisan. My Constituency is more important.] – Hon. T. Mliswa left the House.

The Speaker of the National Assembly Advocate Jacob Mudenda has imposed a ban for six sittings from Parliament against Norton MP, Mr Temba Mliswa for disorderly conduct in the Chamber.

What's your thought on this move by Mudenda?

— ZimEye (@ZimEye) June 24, 2020

Own Correspondent

A shop owned in Bulawayo owned by the Deputy Minister of Industry Raj Modi is reportedly refusing to accept bond notes saying they are not money.

Prolific social media user and entrepreneur Kuda Musasiwa personally witnessed a case of a customer being turned away at the shop.

Musasiwa wrote on Twitter:

“Just buying some drinks for my In-laws at Hon. Raj Modi’s store. 1) They only takes Forex Cash 2) They turned a man who had a suitcase of bond notes sayin it’s not money!”

Just buying some drinks for my In-laws at Hon. Raj Modi’s store.
1) They only takes Forex Cash
2) They turned a man who had a suitcase of bond notes sayin it’s not money! pic.twitter.com/PHpWmOZpfD

— K (@begottensun) June 24, 2020

There has been chaos in the market following the introduction of the $10 still to be unveiled $20 notes as well as the announcement by the ministry of finance that they will be paying civil servants an allowance in US dollars. A lot of informal and not so informal businesses are rejecting bond notes and only some are accepting Zimbabwean dollars of any kind.

Own Correspondent

THOKOZANI Khupe will remain in charge of the MDC-T as acting president until September 5 when the party will hold its extraordinary congress at a yet to be announced venue.

Party deputy spokesperson Khaliphani Phugeni said the extraordinary congress would be held from September 4 to 6 where a substantive president to replace the late leader Morgan Tsvangirai would be elected.

“You will be happy to know that we have come up with a date for our extraordinary congress . . . the date is from the 4th to the 6th of September,” Phugeni said.

“There are a few things I want you to note about this is that, the extraordinary congress is falling within the period given by the Supreme Court. After the Supreme Court judgment, the Chief Justice issued a practice directive which suspended implementation of the judgement for about six weeks.”

He said counting of the three months started after the six weeks and September 4 would still be within the time limit provided by the court.

Watch video downloading below. Please be patient while the video downloads.

NewsDay

HEADS are rolling at the Zimbabwe Broadcasting Corporation (ZBC) over a video of President Emmerson Mnangagwa which appeared on the 8pm news bulletin sometime in April, where he told the nation that the controversial Drax International had donated US$60 million worth of medical stuff for the fight against COVID-19.

Cameraman Stan Marodza, who took the video clip and was accused by Information ministry permanent secretary Ndavaningi Mangwana of sneaking it onto the main news bulletin, has been suspended. Mangwana also accused Marodza of selling the video to Delish Nguwaya, the man at the centre of the US$60 million procurement scandal that has sucked in Mnangagwa’s family.

Nguwaya is currently battling to secure bail after he was arrested early this month over the scandal. Health minister Obadiah Moyo was last week arrested over the same case, but is out after being granted $50 000 bail.

In a letter dated June 19, the director of news and current affairs Gilbert Nyambabvu, instructed the ZBC human resources and administration director to charge Marodza with gross misconduct which could lead to dismissal.

“Following preliminary investigations, I am of the opinion that cameraman S Marodza committed gross misconduct in violation of section 11:25 of the ZBC employment code of conduct,” reads the letter in part.

The video allegedly embarrassed Mnangagwa and his family after they claimed that they had no links to Drax International or its representative Nguwaya, yet the clip shows the president standing next to Nguwaya and announcing a donation of US$60 million which he said came after he personally appealed to the company.

Nyambabvu, instead accuses Marodza of using the video clip, which has poor sound quality despite his bosses instructing otherwise.

“Upon returning to Pockets Hill, the reporter Abigail Tembo debriefed the news editor who consulted with the director of news and current affairs and it was decided that the US$60 million donation must be excluded from the reporter’s story due to poor audio,” Nyambabvu alleged.

Three days later, Marodza is alleged to have smuggled the story into the 8pm news as the top story, although paper trail shows that the story was cleared by a Wadzanai Mombera and Effort Magoso — the news bulletin manager before being aired.

Before Marodza’s suspension without pay, Mangwana had used his social media account to allege the cameraman had sold the footage to Nguwaya.

Contrary to Nyambabvu’s allegations that the audio was of poor sound quality, Mangwana said the clip was banned after it turned out the president had been misled into believing that a donation of US$60 million had been made to government.

The First Family has vainly tried to dissociate itself with Nguwaya despite appearing in several pictures with them.

Own Correspondent

Gen Philip Valerio Sibanda, commander of the Zimbabwe Defence Forces (ZDF), says the level of corruption displayed by some of the country’s leaders is tantamount to selling out.

Watch Sibanda speak in the video downloading below. Please be patient while the video downloads

State Media

The trial of three former ZBC top managers will start on July 3 on charges connected with the transfer of a company car to one of them, senior regional magistrate Mr Trynos Utahwashe ruled yesterday.

Former ZBC CEO Patrick Mavhura, former head of finance, administration and human resources Benania Shumba and former human resources manager Stephen Kundishora are facing charges of duping the national broadcaster of, among other things, a Mazda BT50 which they gave to Shumba at a book value of zero instead of more than US$11 000.

They appeared before Mr Utahwashe who remanded them to the new trial date following an application for postponement by prosecutor Mr George Manokore on the basis that they wanted to formally subpoena witnesses.

The matter was scheduled for trial yesterday, but the State indicated that there was miscommunication between them and witnesses.

The State’s case is that on 17 August last year, Shumba wrote to Mavhura requesting to be allowed to buy the vehicle she had been issued by ZBC during her tenure.

Mavhura allegedly approved that she be allowed to buy the Mazda truck at zero cost, instead of US$11 000.

The State further says Mavhura, Shumba and Kundishora then wrote to the Central Vehicle Registry authorising that the vehicle’s ownership be transferred to Shumba.

TimesLive

Gen Philip Valerio Sibanda, commander of the Zimbabwe Defence Forces (ZDF), says the level of corruption displayed by some of the country’s leaders is tantamount to selling out.

Speaking in a rare interview posted by Zanu-PF on Twitter, the army commander – who took over from retired general Vice-President Constantino Chiwenga after the November 2017 coup – said: “It’s unfortunate that after independence some of us went wayward and started corruptly amassing wealth, but during the war we were taught to share. It’s a value some of us maintain up to today.”

The general made the statement before the burial of Stanley Nleya, his colleague in the Zimbabwe People’s Revolutionary Army (Zipra) led by the late Joshua Nkomo during Zimbabwe’s war of independence.

When tanks rolled on to the streets of Harare in November 2017, one of the reasons behind the putsch was because the late former president Robert Mugabe had allegedly surrounded himself with “criminal elements” accused of corruption.

Today, Zimbabwe is ranked 158 out of 180 countries on Transparency International’s corruption index as President Emmerson Mnangagwa loses the fight against corruption.

Speaking at the National Heroes’ Acre in Harare during Nleya’s burial, Mnangagwa pleaded with people in positions of authority to be honest and exemplary in putting public interest ahead of selfishness.

“The war against our economic growth is ongoing but the enemies will never win if we remain united,” he said.

The latest corruption scandal in Zimbabwe involving US$60m siphoned in a tender scam for Covid-19 medical supplies hit closer to home for the president.

A friend of his son Collins, Delish Nguwaya, is in remand prison, while health minister Obadiah Moyo is out on bail over the same matter.

State Media

Polytechnic colleges and vocational training Centres will open on July 13, a Government minister has said.

Addressing the Parliamentary Portfolio Committee on Higher and Tertiary Education on Monday, Higher and Tertiary Education, Innovation, Science and Technology Development Minister Professor Amon Murwira said the colleges will open in the same manner as universities.

“Tertiary education institutions that is polytechnics, teachers` colleges and industrial colleges will reopen on July 13, beginning with final year students who are the exam classes,” Prof Murwira said.

Those who are not in exam classes will only be coming on campus for critical hands-on lecturers, which cannot be substituted by virtual alternatives.

The announcement comes as polytechnics which were being used as quarantine facilities are being cleared for fumigation in preparation of students` return.

This completes a full circuit of the academic reopening in Zimbabwe after a Covid-19 forced suspension of activity.

Universities reopened in early June, while primary and secondary schools reopen on July 30.

Online

Police in the United States have arrested a Zimbabwean man from Arizona after allegedly finding a woman stabbed to death in his back seat.

Police arrested Dexter Mutongerwa, 31, for second degree murder in the fatal stabbing of an unidentified 18-year-old woman from Meraux.

According to the St. Bernard Parish Sheriff’s Office, deputies were sent to a single-car crash on I-10 on June 22 when they first encountered Mutongerwa.

Police say Mutongerwa was behind the wheel of the crashed vehicle, bleeding from his hand. In the back seat was an 18-year-old woman with several stab wounds.

She was later pronounced dead at the hospital.

After being treated for his wounds, police say Mutongerwa confessed to killing the woman. Police did not give any details for the motive behind the crime, but said the woman and her accused killer knew each other.

State Media

FORMER Police Commissioner-General Augustine Chihuri, already under High Court orders to explain where he found the money to buy a swathe of properties, has now been ordered to explain why he transferred US$10.4 million of police money to a company owned by relatives of a former colleague.

And the owners of the company, Rewstand Enterprises Private Limited, have been ordered to explain just what goods and services Rewstand delivered to the police that were worth US$10 401 500, detailing the contractual relationship with the police and supplying the delivery notes and payment vouchers. The two company owners also need to explain how they bought three properties between them.

Rewstands is co-owned by Abigail Makono (wife to an ex-police Senior Assistant Commissioner) and her sister Beulah Billie.

High Court judge, Justice Felistas Chatukuta ruled that Chihuri must explain his role in the engagement of the company by the police between October 2012 and July 2014.

Makono and Billie must not only explain what they delivered to the police but Makono was ordered to give the source of the money she used to buy two immovable properties in Harare, and detail her interest in those properties, and Billie must disclose the source of funds used to purchase a Mufakose house and explain her interests in that property.

Justice Chatukuta barred the two from dealing with or disposing of the properties without permission.

Chihuri’s daughter, Nicole, should, according to the court, explain her interests in a Mt Pleasant property measuring 4 000 square metres registered in her name.

Chihuri is already under investigation for allegedly side-tracking at least US$32 million of public funds into family companies and buying a large swathe of properties.

In a previous High Court case, Prosecutor-General Mr Kumbirai Hodzi successfully applied for an order forcing Chihuri and his wife, Isobel Halima Khan, to explain how they acquired all these properties and to interdict them from having any dealings with the companies.

Neither Chihuri, his wife, two of his children, two in-laws and the companies listed on the application contested the application, which was then granted

Joining Chihuri and his wife in that order are daughter Samantha Hamadziripi Chihuri, son Ethan Takudzwa Augustine Chihuri, relatives Aitken and Netsai Khan, and Croxile Investments, Adamah Enterprises, Mastermedia (Pvt) Ltd, Mastaw Investments and Rash Marketing. The companies allegedly won orders for the supply of goods and services without going to tender.

According to the uncontested order, Chihuri is required to explain his relationship with Nodpack Investments (Pvt) Ltd, Croxile Investments (Pvt) Ltd, Mastaw Investments (Pvt) Ltd, Rewstand Enterprises (Pvt) Ltd, Rash Marketing (Pvt) Ltd and Adamah Enterprises (Pvt) Ltd.

Chihuri and his wife are also required to explain their roles, if any, in the engagement of the companies by the police between July 2, 2014 and December 2017. The court also wants Chihuri’s wife to explain the nature of Nodpack Investments contractual relationship with the police which led to the police transferring US$5 766 251.31 from the force’s revolving fund to the company’s bank account held by Ecobank Borrowdale between July 28, 2012, to December 11, 2017.

The Chihuri family and relatives cited in the matter are further required to give details concerning Adamah Enterprises and Mastermedia and both companies’ contract with the police.

The two companies received a combined US$12 992 870 between March 25, 2013, and January 1, 2018.

Chihuri and his family and his listed relatives have also been ordered to explain their source of capital and engagement with the listed corporate entities while the Chihuri couple need to also disclose the financial rewards they received from that engagement.

Further, the couple and their co-respondents with an interest, or who once had an interest, in a fleet vehicles targeted for forfeiture should explain in detail the extent and scope of their interests with the top-of-the-range cars, some of them with personalised number plates.

The State is also seeking an explanation from Chihuri on how he acquired and funded the equipment which is installed at his farm in Mashonaland Central, acquired in 1990 for US$60 000 before it was transferred to his son Ethan through a donation valued at US$46 000.

The couple must also explain the source and origins of farm equipment at the family Shamva Farm known as Inyika Farm.

Mastaw Investments is registered in South Africa and the Chihuri couple have to explain their interest in the company and disclose details of a First National Bank account, produce bank records, and give the source of funds.

The explanation is to be made in writing individually by each person named in the order to the Prosecutor General within 15 days, said Justice Chatukuta.

Chihuri is under investigation for criminal abuse of office, money laundering, theft and fraud. He is being accused of establishing a “syndicated criminal mafia” meant to siphon public funds for his personal benefit and that of his cronies.

This, according to Mr Hodzi, would have entailed externalisation of money and laundering abroad.

The Prosecutor-General argued in his application that Chihuri established the companies in connivance with his relatives for the alleged purposes of siphoning funds from the Zimbabwe Republic Police’s revolving fund.

Isobel Chihuri is the managing director for Mastaw Investments, which received US$3 823 285 from ZRP General Headquarters after giving an allegedly fake business address, said Mr Hodzi.

Rewstand Enterprises received US$10 401 500 from ZRP despite using an allegedly fake address. Investigations by the police found a different company operating from that address.

Nodpack Investments (Pvt) Ltd of Bure Close in Strathaven, Harare, whose directorship includes Clever Nziramasanga and had Isobel Halim Chihuri as general manager, allegedly received US$5 766 252.31 from the police.

But this address was a residential property for a Mrs Marange who does not know Nodpack, raising strong suspicion that the address was fake, the court heard.

Croxile Investments (Pvt) Ltd of 8 St Aubins Walk in Chisipite received US$1 892 040 from the police, with Vanessa Madalisto Banda listed as director and Isobel Chihuri as general manager. But the property owner is a Mr Matongo who does not know about Croxile.

ZRP also released US$10 575 732 to Adamah Enterprises Pvt Ltd of 29 Carsberg Avenue in Alexandra Park in Harare, which is also managed by Isobel Chihuri with Nelia Mafunga listed as director.

But investigations found that this address belonged to another company called Brightcoast Construction owned by Clever Nziramasanga.

Mastermedia (Pvt) Ltd, according to the State, is owned by Isobel Khan Chihuri and it received US$1 073 038.08 from the ZRP Revolving Fund from January 5, 2016 to February 9, 2017.

Rash Marketing, which is owned by a CBZ employee called Shingirai Maponga and his spouse, Sharon Maponga nee Tiyani, received US$764 370 from November 14, 2016 to December 12, 2016.

Chihuri also acquired 11 listed properties: Seven residential stands at Police Heights on Gletwin Farm in north-east Harare; 571 Zengeza Township; 9 hectares at Fishponds in Lomagundi District (Deed of Transfer 3177/90); Stand 231 in Athlone in Greendale (Deed 1214/85) measuring 4 639 square metres; and 431 Quinnington in Borrowdale (5284/14) measuring 5 500 square metres.

Four vehicles are also listed under assets that need explanation. Two combine harvesters, six tractors, two planters, three motorbikes and a boom spray were found at Chihuri’s farms at Shamva and Darwendale.

Masvingo Provincial Hospital is reportedly no longer admitting or treating any patients after nurses and doctors went on strike late last week citing poor working conditions underlined by poor pay, shortage of medicines and lack of personal protective equipment.

Reports suggest that patients were discharged from the hospital even those who were set to undergo surgery.

Provincial Medical Director (PMD) Dr Amadeus Shamu, however, denied reports that the hospital has completely shut down, telling TellZim News that operations at the hospital had been drastically scaled back in response to the strike.

He said:
They are operating with a very thin staff complement as most nurses have gone on strike.

The few available nurses are only attending to the most critical sections like the maternity ward where some care has to be given to expectant mothers at all cost.

Shamu admitted that no new patients were getting admitted but said senior nurses were manning the maternity ward and other critical areas.

A doctor who spoke to TellZim News dismissed the PMD’s statement saying all doctors were on strike and none were available to attend to cases.

Doctors and nurses at public health institutions went on strike last week in protest over rampant corruption by Ministry of Health officials as well as poor working conditions- Tell Zim

By A Correspondent

https://twitter.com/schikanza/status/1275871757656903681?s=20

All is not well at Morgan Richard Tsvangirai House formerly known as Harvest House.

Pressure seems to be mounting for Douglas Mwonzora that he wants the MRT house exclusively for himself and his backers.

On Wednesday there was a party press briefing. Two of Dr. Thokozani Khupe’s aides Kudzanani Shumba as George Rice were barred from entering the building.

Mashumba was manhandled by one of Mwonzora security details who were manning the entrance while Rice was not allowed into the building altogether.

When the security details were asked who gave them instructions to bar the aides, their response was that it was from their President Mwonzora.

Speaking to ZimEye.com, Mashumba said, “it comes as no surprise that they are already calling him President as this is testified by his miniature motorcade he is seen travelling with these days.

“He preaches non-violence but he actually sponsors it on the other hand.”

Senator Mwonzora was contacted for a comment but his phone was not picked up. Also contacted were Senator Morgen Komichi and Vanguard Leader Shakespear Mukoyi who were asked to investigate, but their phones were switched off at the time. ZimEye also contacted Hatfield MP Tapiwa Mashakada who confirmed knowledge of the incident having heard of it after the meeting. But Mashakada was quick to suddenly deny any knowledge of it. AUDIO/VIDEO BELOW

VIDEO LOADING BELOW…

Farai Dziva|MDC Alliance president, Advocate Nelson Chamisa has described the recall of Parliamentarians as “mere connivance by Emmerson Mnangagwa, Thokozani Khupe and Jacob Mudenda to destroy the people’s revolution.”

He also said the MDC Alliance was prepared to defend the will of the people.

“We will fight criminal connivance and corruption by 45 000 vote Khupe, Parliament’s Mudenda and Mnangagwa.

These shenanigans make us stronger than ever before.

MDC ALLIANCE MPs can’t be forced to belong to the MDC-T which they defeated in 2018.

This is ridiculous! We resist the illegal and unlawful recalls. We resist the illegitimate and unelected Mnangagwa.

Our 5 key fights are on a legitimate PEOPLE’S GOVERNMENT, REFORMS, CORRUPTION, CONSTITUTIONALISM (ALIGNMENT NOT AMENDMENT), LIVELIHOODS & RIGHTS,” wrote Advocate Chamisa on Twitter.

ZINASU says Zimbabweans have suffered for too long under Zanu PF dictatorship.

ZINASU has also joined hands with ZCTU to fight for the freedom of suffering Zimbabweans.

Watch video below :

Farai Dziva|Outspoken Masvingo based cleric, Isaac Makomichi, has vowed to stop satanic worship in South Africa.

In a statement the controversial preacher threatened to use his “prophetic grace” to cast a spell on the satanic church.

He described the opening of the satanic church as an abomination.

The South African Satanic Church opened its doors in February after a four-year-long idea was brought to life by the co-founders.

Thomas Matthew Miles-Nell, a member of the church, said as a satanist he found it refreshing that there was now an organisation that is representative of what true religious satanism was.

Jaco Venter, another member, said: “I am really proud of my country that my religion is being acknowledged and empowered.”

The church is a registered non-profit company under the category of a religious organisation.

Co-founders Adri Norton and Riaan Swiegelaar said they would like to dispel some of the misconceptions people may have about satanism.

Commenting on the satanic church founders’ remarks, Makomichi said:

“This should not be allowed to happen.This is a direct challenge to the entire Christian community.

I will personally travel to South Africa to confront the leaders of the satanic church.

They must be stopped physically and spiritually. I have the spiritual prowess to stop satanic worship,” declared Makomichi.

Makomichi is known for distributing what he calls the anointed love potion herb to women and girls across the country- for free.

Thirteen more Covid-19 infections in Zimbabwe were confirmed yesterday bringing the cumulative total to 525, with 448 being returning residents in quarantine centres and 77 being infected within Zimbabwe, including three new cases yesterday.

The Ministry of Health and Child Welfare said last night that investigations were now in progress to identify the source of the three local infections.

South Africa’s cumulative total passed the 100 000 mark yesterday to reach 101 590, the worst in Africa and the region.

The South African death toll remains low by global standards of the epidemic at 1 991. Global totals reached 9 154 232, although this is regarded as a significant underestimate since full testing has never been universal, but with 473 650 deaths.

In several countries lockdowns have been reimposed or tightened after sudden spikes.

Germany, generally regarded as having the fastest reactions to the pandemic among European countries, started lifting its lockdown last month.

Tight lockdowns have now been imposed on two districts in North Rhine-Westphalia State following local spikes, with the most worrying being the 1 500 workers in a meat packing plant testing positive.

The World Health Organisation has reported a record increase in global Covid-19 infections on Sunday with 183 020 in just one day-The Herald

Correspondent

https://twitter.com/schikanza/status/1275871757656903681?s=20

All is not well at Morgan Richard Tsvangirai House formerly known as Harvest House.

Pressure seems to be mounting for Douglas Mwonzora that he wants the MRT house exclusively for himself and his backers.

On Wednesday there was a party press briefing. Two of Dr. Thokozani Khupe’s aides Kudzanani Shumba as George Rice were barred from entering the building.

Mashumba was manhandled by one of Mwonzora security details who were manning the entrance while Rice was not allowed into the building altogether.

When the security details were asked who gave them instructions to bar the aides, their response was that it was from their President Mwonzora.

Speaking to ZimEye.com, Mashumba said, “it comes as no surprise that they are already calling him President as this is testified by his miniature motorcade he is seen travelling with these days.

“He preaches non-violence but he actually sponsors it on the other hand.”

Senator Mwonzora was contacted for a comment but his phone was not picked up. Also contacted were Senator Morgen Komichi and Vanguard Leader Shakespear Mukoyi who were asked to investigate, but their phones were switched off at the time. ZimEye also contacted Hatfield MP Tapiwa Mashakada who confirmed knowledge of the incident having heard of it after the meeting. But Mashakada was quick to suddenly deny any knowledge of it. AUDIO/VIDEO BELOW

VIDEO LOADING BELOW…

Pictures- Two journalists Munashe Chokodza and Leopold Munhende assaulted by soldiers while on their way from work. @RSF_EECA @RSF_en pic.twitter.com/BSLxThO1Zu

— ZimEye (@ZimEye) June 24, 2020

2/ The two journalists Leopold Munhende and Munashe Chokodza were assaulted earlier this evening by 6 or 7 armed soldiers in Warren Park 1. They were stopped and questioned & after producing their press cards, they were made to lie down & assaulted. pic.twitter.com/gs4Ek8jYuk

— ZimEye (@ZimEye) June 24, 2020

By A Correspondent- The Zimbabwe Nurses Association (ZINA) has announced that Sisters-in-charge at Parirenyatwa Group of Hospitals have withdrawn their labour with immediate effect due to incapacitation.

In a letter dated 24 June 2020 and addressed to the Chief Executive Officer Parirenyatwa Group of Hospitals, ZINA said nurses were withdrawing their labour until the government is serious about addressing their grievances. The letter read:

Re: INCAPACITATION OF SISTERS IN CHARGES AT PARIRENYATWA GROUP OF HOSPITALS

The above subject matter refers. We note with concern the lack of urgency by the employer in addressing issues raised by ZINA.

The ongoing incapacitation has not been doing any good to the patient care in this COVID 19 pandemic period.

We have noted that despite the sacrifices shown by nurses the employer has not been forthcoming.

As part of ZINA membership, we share the same grievances and we have been holding fort at our respective wards despite being overwhelmed by the workload.

After consultation and deliberations, we hereby notify that we are withdrawing our services with immediate effect until the employer takes the nurses grievances seriously by way of fruitful negotiations.

Correspondent

https://twitter.com/schikanza/status/1275871757656903681?s=20

All is not well at Morgan Richard Tsvangirai House formerly known as Harvest House.

Pressure seems to be mounting for Douglas Mwonzora that he wants the MRT house exclusively for himself and his backers.

On Wednesday there was a party press briefing. Two of Dr. Thokozani Khupe’s aides Kudzanani Shumba as George Rice were barred from entering the building.

Mashumba was manhandled by one of Mwonzora security details who were manning the entrance while Rice was not allowed into the building altogether.

When the security details were asked who gave them instructions to bar the aides, their response was that it was from their President Mwonzora.

Speaking to ZimEye.com, Mashumba said, “it comes as no surprise that they are already calling him President as this is testified by his miniature motorcade he is seen travelling with these days.

“He preaches non-violence but he actually sponsors it on the other hand.”

Senator Mwonzora was contacted for a comment but his phone was not picked up. Also contacted were Senator Morgen Komichi and Vanguard Leader Shakespear Mukoyi who were asked to investigate, but their phones were switched off. ZimEye also contacted Hatfield MP Tapiwa Mashakada who confirmed knowledge of the incident having heard of it after the meeting. But Mashakada was quick to suddenly deny any knowledge of it. AUDIO/VIDEO BELOW

VIDEO LOADING BELOW…

Own Correspondent

Five (5) people have tested positive for coronavirus this Wednesday, 24 June 2020 from 84 RDT screening tests and 654 PCR diagnostic tests that were conducted by the Ministry of Health and Child Care.

All the cases were returnees from South Africa, and the total number of confirmed cases has risen to 530. The Health Ministry said in a statement:

Five (5) cases tested positive for COVID-19 today. These are all returnees from South Africa and are all isolated.

Recoveries were reported by the following provinces; Harare (32), Mashonaland East (11), Matabeleland South (15) and Midlands (1).

Today 84 RDT screening tests and 654 PCR diagnostic tests were done. The cumulative number of tests done to date is 64 520 (36 267 RDT and 28 253 PCR).

To date the total number of confirmed cases is 530; recovered 123, active cases 401 and 6 deaths, since the onset of the outbreak on 20 March 2020.

The Speaker of the National Assembly Advocate Jacob Mudenda has imposed a ban for six sittings from Parliament against Norton MP, Mr Temba Mliswa for disorderly conduct in the Chamber.

Adv Mudenda imposed the ban after Mr Mliswa repeatedly interjected thereby disrupting the business of the House.

We interview Mliswa on the matter. Stay tuned to ZimEye.com for this live interview coming up at 9:30pm Zim time.

Hon @TembaMliswa interview at 8.30pm (UK time) 9.30pm (Zim time) @schikanza pic.twitter.com/2lQ3keXq8b

— ZimEye (@ZimEye) June 24, 2020

Mandi Chimene now selling buns in Mozambique. Is this what happens to one after Zanu pf has used you and is done with you?

Watch video downloading below. Please be patient while the video downloads.

State Media

A 78-year-old man from Dete in Hwange District has been ordered by a court to compensate the Zimbabwe Parks and Wildlife Management Authority (ZimParks) of US$20 000 after he killed a leopard that had attacked him in the bush.

Amos Moyo of Thuthukani village on the edge of Hwange National Park used an axe handle to finish off the marauding big cat that had been caught by a trap he had set in Vulamashava bush.

The leopard attacked Moyo last Thursday when he went to check the trap, leaving him with serious injuries on both arms, head and face.

The leopard pounced on Moyo who used his hands to wrestle it after his axe had fallen down. He later managed to reach for the axe and struck it to death, after almost losing his right eye.

Moyo asked his nephew Perfect Ndimande (20) to carry the leopard carcase home where they skinned it with the help of Mr Tayi Moyo and Mr Gudu Justice Moyo.

Moyo and Ndimande were jointly charged with making, possessing or using Class Two traps and another of removing any animal or any part of an animal from any land or from one place to another on the land, when they appeared before Hwange magistrate Mr Rangarirai Gakanje.

Moyo told the court that he decided to trap the big cat as it had killed his goat.

“One of my goats was killed sometime in March and I saw some leopard spoors. I was frustrated when nothing was done after I reported to authorities,” said Moyo.

He was sentenced to 12 months in prison which was wholly suspended for five years on condition that he does not commit a similar offence. He was also ordered to compensate ZimParks of US$20 000 being the value of the leopard.

The magistrate said she considered his advanced age and that he almost lost his life, which was enough punishment.

Ndimande was fined $1 200 or four months in jail if he fails to pay by 31 July, and in addition, he was sentenced to a further two months in prison which were suspended on condition he does not commit a similar offence within five years.

The magistrate said she considered that Ndimande did not participate in setting the trap, while Tayi and Gudu were not charged because they only participated in skinning the animal. The carcass, skin and trap were forfeited to the state.

Prosecuting, Ms Jamesina Makanza said Moyo committed the crime between Thursday last week and Sunday.

“During the period between 18 and 21 June Moyo set a Class Two spring jaw trap in Vulamashava bush and caught and killed a leopard. Moyo instructed Ndimande to carry the leopard home where they skinned it with Tayi Moyo and Gudu Justice Moyo,” said the prosecutor.

Investigations by ZimParks rangers who were on patrol led to Moyo’s homestead where they found the leopard carcass hanging from a tree and skin spread on the ground to dry. Moyo and Ndimande were arrested.