WATCH THE POST CABINET MEDIA BRIEFING

VIDEO LOADING BELOW…

Own Correspondent

Movement for Democratic Change (MDC) Alliance Deputy Spokesperson Felix Magalela Mafa Sibanda has discarded and blocked his 50 year old son Divine from communicating with him after the young Mafa released a statement praising Thokozani Khuphe. In his statement released on 5 June 2020, the United States based Divine praised Ms Khuphe for being a constitutionalist and super star democrat. The statement sent tongues waging in the rival Chamisa camp where the senior Mafa was appointed deputy spokesperson early June.

On 7 May 2020, the senior Mafa released a scatching statement where he revealed that he had blocked his son from communicating with him due to his stance.

Felix Mafa is an old rival of Ms Khuphe’s Secretary General Douglas Mwonzora since the days they contested each other for National Constitutional Assembly (NCA) Deputy Chairmaship in the early 2000s. It is alleged that Mr Mwonzora connived with a pregnant woman to storm an NCA Public Meeting and claim that Mr Mafa impregnated her and eloped. Thus Mr Mafa, did not take lightly his son’s public liaison with a faction whose key players include his nemesis Mwonzora.

Below is Felix Mafa’s Full statement about his son.

Dear Colleagues

Re: Scandalous and treacherous articles by the purported by Dr Divine,my biological son.

I’m reading some most outrageous and treacherous articles purported by Dr Divine Magalela Mafa Sibanda my biological son based in the USA . 

He is bitter against myself to have refused to be abused by Mwonzora and his cabal.

I’m not sure whether he is the real author of all articles anti president Chamisa and indirectly myself.

I have formally discussed his attacks on our body politics,the MDC A with the National Organiser, Hon Chibaya and currently after my appointment as the deputy secretary for communication with the National chairman,Hon T Khumalo.

I have since blocked all his communication with him ,which is very unfortunate for me and the entire Magalela Mafa-family.

He is a Mwonzora fanatic whereby , as a Democrat myself , I don’t mind or care for he is an adult, 50+ years old.  

I hope by this information herein,all shall appreciate my predicament and laugh it off.

Sincerely yours

Felix Magalela Mafa Sibanda.

( Deputy Secretary for Communication, NEC and NC Member of the you MDC A)

Dated 07/07/2020

Bulawayo,

Zimbabwe..

Own Correspondent

President Emmerson Mnangagwa’s government has bowed down to public pressure regarding the tender scam in the awarding of a dodgy UAE based company Draz International a deal to supply Coronavirus equipment.

A letter written by Ministry of Health Acting Secretary Dr. Mhlanga to National Pharmaceutical Company Managing Director Mrs Flora Sifeku instructed her to cancels all dealings with the company by the 12th of June.

The move comes after the ZANU PF spokesperson Simon Khaya Moyo declared on Twitter that high profile persons will soon be arrested for looting the funds.

By Own Correspondent| MDC-T leaders Thokozani Khupe, Douglas Mwonzora and Morgan Komichi are currently inside Morgan Richard Tsvangirai House following their state assisted seizure of the property.

According to an eye witness, the three leaders who were all expelled from the MDC Alliance entered the building, taking advantage of the presence of police who are camped outside to provide security.

We saw Mwonzora, Khupe and Komichi going inside MRT House, their youths who are currently inside opened doors for them, we don’t know what they are doing inside,” said the eye witness.

Yesterday pictures of youths aligned to the Khupe group fumigating the building made rounds on social media with Mwonzora saying it was part of their take over process.

The Nelson Chamisa led MDC Alliance has insisted that the property is owned by a trust which leased it to the movement.

The trust is believed to be currently working to evict the Khupe group from the property.

More to follow…

By A Correspondent- Army spokesperson Colonel Overson Mugwisi has maintained that there were no soldiers involved during the June 5 2020 Harvest House takeover.

In an exclusive interview with ZimEye, Colonel Mugwisi said there was no video evidence showing the involvement of the army, accusing the media of crafting falsehoods regards the presence of the army at Harvest House on the day in question.

He said:

“I have seen it (the video footage at Harvest House), there are no soldiers, It’s just somebody alleging that there are soldiers inside. …It’s not correct. I am not going to talk about the police officers.”

Colonel Mugwisi however refused to respond to the allegations made by the police officer in the video clip saying:

“We are interpreting the video differently… what have the soldiers said there in that video clip. I don’t want to talk about the police. I have other things to do and will not talk to you. We did not deploy any soldiers to Morgan Richard Tsvangirai House. We end it here. Thank you very much. Have a good day.”

Farai Dziva|The only way to save Zimbabwe from further economic demise is the immediate resignation of Emmerson Mnangagwa, MDC Alliance vice president Tendai Biti has said.

See Biti’s argument below :

“Today the parallel market rate has traded between 80 and 85. In mid-May 2020 it was 40.

An increase of 100% in 3 weeks reflects the black market implosion. The restrictive measures by the Central Bank are corroding the ZWL$ & therefore self-defeating. They have run out of ideas.

Meanwhile, as the economy tanks, Mnangagwa has turned his energy to our Movement, journalists and lawyers. The attack on lawyers and journalists is crude and unprecedented.

But no amount of attacks can hide the fact that Emmerson is illegitimate and a failure.

You can’t rig the people’s will
We restate once more that the only way to save Zim is the immediate peaceful and constitutional departure of Emmerson. That departure will give Zim a chance to rebuild. Departure should allow convergence on the way Foward.

An opportunity for a new disruptive consensus.A new beginning.

By A Correspondent- Barbara Mabuyaye, widow to the late Fanuel “System” Tazvida, says the wound is still fresh 21 years after her husband’s death, adding that she also has to fend off men who pester her for s_ex.

System died on February 4, 1999, and ever since his death, a series of commemorations have been held.

Sadly, most of them have never lived to expectations befitting the late singer.

The celebrations have over the years being rocked by the bickering in the family and greed among some of the most vocal Tazvida family members.

As we reflect on Tazvida’s music legacy, his widow Barbara who has endured a lot after the late Chazezesa Challengers leader’s death, opened up on a number of issues.

These ranges from her being love sick, pressure to handle sex predators, life as a  ‘hustler’  to the need to work hard and the pledge of loyalty she made to the departed Tazvida.

“The wound is still fresh and it feels like yesterday as we remember my late husband,” said Barbara.

“During this time of year, I used to start receiving gifts from my husband who didn’t want to see me struggling.

“However, his music still comforts me and I can also relate well with widows of other late musicians in my situation.”

LOYALTY

Asked how she finally accepted the reality that Tazvida is gone, she said:

“I still keep the promise I made to him – loyalty. I still stay at the same house we used to share in Unit N.

“I get all the strength I need when my spirits are down by staying in the same house we used to share together.

“I still have some of the good photos we had together and some of the presents System gave to me.”

• KIDS

Sadly, when Tazvida joined the great band in the sky, he didn’t leave any children.

“We stayed together for 10 years but we were yet to be blessed with children.

“It’s not easy for any woman in the world to be in my situation but these are some of the life situations we have learn to accept,” she said.

Barbara said despite living and looking after a big extended family, she never heard reports of System’s secret love children.

“I have never received such reports because my husband was straight.

“If he had any shenanigans, these kids might have surfaced in the past 21 years he died.

“Anyway, I wouldn’t want to dwell much on that since we have other serious issues at hand.”

• S3X PREDATORS

Barbara who still looks as fresh as ever at 48 said he was not spared by perverts.

She, however, said he has a way to kill off their hopes.

“What I admit happens to me regularly is that there are men who love me for s_x because of my looks and everything,

“However, I make sure that I don’t give in to them easily because I still value myself.

“Kunyenga ndinonyengwawo, ndinenge ndichinyepa kana ndikasadaro,” she said.

• INHERITANCE WIFE FIGHT?

Barbara who was reportedly married to a close relative to her late husband yesterday cleared the air.

“Like I said before, I was never married to anyone and that story of King Tazvida being my cultural husband (murume wenhaka in vernacular) were all wrong.

“I don’t even know what was their motive with one of your reporters when he wrote that story.

“Maybe he wanted to hype his album which he was launching but I never got married to anyone and I don’t think.”

When further quizzed on whether the family once proposed that she gets a cultural husband, she became evasive.

“Well, there are some issues which I am not comfortable to say because I have stayed with some of my relatives for over 20 decades.

“It would be unfair to expose some of the family secrets and I will take them to the grave to safeguard my life.

“I think every family has its own secrets and exposing them would be a great unfair to those who told you so.

“But what I can tell you is that I was never married and didn’t attempt to get married.”

• TAZVIDA PERSONALITY

Despite spending the great part of his life entertaining perverts in the back of beyond, Tazvida had a different personality altogether.

“My husband was different person from the one who sang those not and blunt lyrics.

“Of course some might think that he did some of the things he sang in most of his tracks but System was a different person altogether.

“He was a cool guy, humble and loving. He would not argue with anyone at hoe but he wanted things done in a proper manner.

“During his spare time, he would hang around with soccer player in his team called Chazezesa Pirates.

“However, the team disbanded and I hear some of them joined Buymore FC (now defunct) among other premier sides and lower leagues.

“In his spare time, played social soccer for fun and not as a professional.

“That’s all I can say about his personality.

• FALLBACK

Despite being pampered with everything she wanted by the late System, Barbara is a hard worker.

“System taught me to work hard and I used to be a cross border even before his death.

“I sell cosmetics that I supply to my clients in town; I don’t want to be always begging.

“Of course there are royalties I used to receive but our economy is performing badly,” she said.

As they remember Tazvida, all was not rosy for Barbara who could not raise money to lay wreaths and flowers on Tazvida’s grave in Unit L.

“I last laid flowers last year but this year I am really struggling; life has not been for me,” she said.

Farai Dziva|Veteran journalist Stanley Gama has challenged Emmerson Mnangagwa to concentrate on feeding millions of hungry Zimbabweans, instead of fighting tooth and nail to destroy the MDC Alliance.

Gama argued:
“Is it a coincidence that
@nelsonchamisa
lawyer, Thabani Mpofu is not appearing in court, suddenly pple are no longer being denied access to the city centre? Is the regime so scared of Chamisa? What has changed between those 2 days last week and today?

@edmnangagwa
while your regime is concentrating on fighting @nelsonchamisa
the situation for the pple has gone from bad to worse. Instead of wasting time, resources and energy on Chamisa, please focus on feeding the pple, the majority of whom can’t afford one meal a day.”

“Mr President, everyone is now a pauper, govt workers, soldiers, police, workers in the private sector, the informal sector. Pple are scavenging for food like baboons. When pple start saying Mugabe was far better, you shld take heed and concentrate on their needs not Chamisa.

@edmnangagwa
have you sat down to think abt all those leaked documents around your family. It’s not Chamisa who is doing this. Its the pple around you. It is up to you Mr President to find out whats happening. And I repeat, the people are not happy, they are suffering.

@DMwonzora
the way you are using Zanu PF and the state machinery to try and deliver the MDC’s over 2 million votes to Zanu PF will backfire. You have betrayed the pple all because you have been promised a Ministerial post in the so called unity govt they say you will be part of?

@DMwonzora
are u not scared of riding a tiger? When in 2015, Tsvangirai told me that you had sold out to
@edmnangagwa
he was 100% correct. Now you go to his grave for rituals. You have sold him out and you know it. But pple are not fools and history will judge you!”

War veterans secretary in Zanu PF politiburo Douglas Mahiya said the MDC red symbol is a sign of avenging spirits tormenting them for failing to respect their ancestors who died for the country during the liberation struggle.

Mahiya was speaking at a official launch of War veterans league in Muzarabani district on Saturday.

“MDC is being tormented by their ancestors who they are refusing to honour by opposing Zanu PF,”he said.

“Every Zimbabwean has ancestors who died during the liberation struggle so if you refuse to support the ruling party you are turning against your ancestors that is why you see MDC wearing those red colours that is a spirit tormenting them.”

Meanwhile, War veterans association chairpersons in all the provinces have accused Mahiya of highjacking party procedures by officiating the war veterans wing to co-exist with other party wings-credit: Bulawayo 24

By A Correspondent- Presidential Spokesperson George Charamba has been accused of misrepresenting the facts by alleging that the United States of America Ambassador Brian Nichols recently held a meeting with opposition aligned civic society members at Harare’s Bronte hotel to form a shadowy mass movement to challenge President Emmerson Mnangagwa.

Charamba had posted on Twitter using his moniker Jamwanda that, “Increasingly, the US Ambassador to Zimbabwe is meddling more and more into the domestics politics of Zimbabwe, including organizing MDC-A-affiliated NGOs at Bronte Hotel last week. The outcome was the formation of the US-funded People’s Assembly Against Poverty.”

However, in a sudden turn of events, the Bronte hotel managing director Mr Graham Dickens refuted allegations by Charamba that the said political meeting took place.

In an email conversation with a local publication Dickens said:

“I wish to advise that Bronte Hotel has been closed to the general public since the commencement of lockdown at the end of March.  We re-opened on 23rd May as a Government registered Quarantine Centre specifically for paying  Returning Residents.  

“Access to the Hotel is strictly limited to returning residents with a prior booking and to our reduced staff team servicing these.  This is controlled by a strong security team which includes a ZRP presence. I can categorically say that no meetings of any sort have been held at Bronte Hotel since the end of March. “

-Byo24

President Emmerson Mnangagwa’s government has bowed down to public pressure cancelling the tender deal involving a UAE based company Drax International.

The deal involved the supply of Coronavirus equipment.

A letter written by Ministry of Health Acting Secretary Dr. Mhlanga to National Pharmaceutical Company Managing Director Mrs Flora Sifeku instructed her to cancels all dealings with the company by the 12th of June.

By A Correspondent- The family of a 20-year-old Silobela man, who was shot and killed by a police officer on March 15, have filed a notice of intention to sue the officer, Police Commissioner-General and the Minister of Home Affairs and Cultural Heritage over the matter.

Through Zimbabwe Lawyers for Human Rights (ZLHR) member Jabulani Mhlanga, the late Bhekani Moyo’s family filed the notice addressed to Police Commissioner-General Godwin Matanga.

“We advise that we have been instructed by the family of the deceased Bhekani to represent them in this matter. Our clients advised that on March 15 while they were sleeping at their residence at Moffat Moyo’s homestead, Bambanani village ward 21, Chief Malisa, Silobela, at around 4am, about six men, two of them wearing police uniforms and brandishing guns, raided their homestead,” ZLHR wrote.

“The police were looking for their son, … Bhekani … The police did not identify themselves or inform the family of the reasons why they were looking for the now-deceased, but went on harassing them, ransacking the homestead, entering all the rooms searching for the now-deceased.”

The men found Bhekani sleeping in one of the rooms, dragged him out before one of them, in police uniform, fatally shot him on the left side of the chest in the family’s presence, that is, his mother, father, siblings and young children, without just cause, ZLHR stated.

“After realising what they had done, they did not render any form of assistance or explanation to the family on why they had murdered their son in cold blood, but instead, ran away from the scene only to return two hours later in the company of other police officers using a marked police vehicle,” the notice read.

“Our client advises that the police officers took the now-deceased’s body using their vehicle on the strength that the body was being taken for a post-mortem, only to be returned the same day by officers from Silobela Police Station with promise that the circumstances leading to the demise of the son will be investigated.”

The human rights lawyers said the family stated that they buried their son with their meagre resources and their community’s help.

No assistance came from the police. The police have allegedly reneged on the pledge to probe the matter, the family said, and have denied the family a copy of the deceased’s postmortem report.

“Our client holds the position that the deceased died as a result of the injuries sustained after being shot by the police officer, who at the material time was acting within the scope and course of his employment as a police officer employed by the Ministry of Home Affairs under the command of the Commissioner-General of the Police Service.

“In the premise, we hold strict instruction to demand compensation to be quantified in due course as we, hereby, do, payment for harassment, emotional pain, trauma and suffering, payment for contumelia, funeral expenses, the payment as special damages and ancillary delictual damages suffered as a result of untimely death of Bhekani Moyo after he was shot by the police,” ZLHR wrote.

“We are under instruction from our client to institute legal proceedings against the individual concerned police officer, your office, the Minister of Home Affairs and Cultural Heritage for the unlawful conduct as explained.”

Matanga is yet to respond to the notice.

-Newsday

By A Correspondent- A woman from Limpopo has been arrested by the police after she allegedly stabbed her husband to death.

The 42-year-old is alleged to have committed the gruesome crime after she caught her husband red-handed with another woman.

The gruesome incident occured on Monday night at a village outside Tzaneen in Bolobedu after the woman arrived home much earlier than expected only to find her husband entertaining a female visitor.

The furious wife then confronted the other woman and this resulted in a very heated argument. When the husband tried to intervene in the confrontation, his wife stabbed him with a sharp object.

Speaking on the incident, Limpopo Police Spokesperson Brigadier Motlafela Mojapelo told the Sunday World,

“It is alleged that the mother of his two children arrived home unexpectedly and found her husband with another woman. An argument ensued between the two women and apparently the deceased tried to intervene when the suspect allegedly stabbed him with a sharp object,”

The husband was rushed to the local clinic but unfortunately, he was declared dead on arrival.

The woman, who cannot be named yet is expected to appear at the Bolobedu Magistrate court tomorrow on a charge of murder.

-SundayTimes

SOME universities resumed lectures yesterday, adhering to Covid-19 prevention regulations while the National University of Science and Technology (Nust) rescheduled its reopening to Monday next week.

Nust was expected to open yesterday but postponed commencement of lectures last week.

Universities just like schools, prematurely closed in March as Government implemented Covid-19 prevention measures.

Government last month instructed universities to reopen starting on June 1 and complete the second semester of the 2019/2020 academic year by August 31.

In reopening, the universities are to open according to their ability and capacity.

Higher and Tertiary Education, Innovation, Science and Technology Development Minister Professor Amon Murwira said universities are required to do four things to prevent the spread of the virus: to ensure that there is social distancing, sanitising, wearing face masks and checking temperatures.

He said those whose temperature is above the normal threshold will be referred for Covid-19 testing.

Prof Murwira said universities are following blended learning which will ensure that they will remain decongested as they reopen.

Blended learning refers to online lectures and traditional in-class tutorials.

He said while campus learning resumed for final year students in some universities, institutions will continue teaching students using virtual platforms.

The minister said the University of Zimbabwe had reopened under the same circumstances.

“Because of blended learning we are not going to have so many people on campus, some students will be going to be home.

“When we finish with final years online, the next level is going to come and then after that the next level is going to come until it’s the first years. So, we are not going to congest campuses and everything must be done between now and August 30,” he said.

Prof Murwira said if things do not go to plan, Government will reverse decisions on reopening, as there is no need to be rigid.

“If there is a problem, we will reconsider our decisions,” said Prof Murwira.

Lupane State University (LSU) and Great Zimbabwe University (GZU) resumed lectures yesterday observing Government’s Covid-19 prevention measures.

LSU marketing and communication director Mr Zwelithini Dlamini said lectures started with final year students learning from the university’s Bulawayo campus.

“The Faculty of Commerce that is situated in Bulawayo resumed lectures today.

“For the other groups the Faculty of Agricultural and Faculty of Humanities we are set to open on 15 June which is next week Monday.

“We are advised that the returnees have started to move out of our campus in Lupane and the fumigation programme will start tomorrow,” said Mr Dlamini.

He said the university is strictly abiding by Covid-19 prevention measures including checking of temperature at entrance, sanitisation of hands, social distancing and wearing of masks.

Mr Dlamini said students are expected to buy their face masks.

He said the university engaged Zupco to provide transport for students returning to Bulawayo as well as those who would be travelling to the main campus in Lupane.

GZU information and public relations director Mr Anderson Chipatiso said the university screened temperatures for all returning students while recording their travelling history on Sunday.

Mr Chipatiso said the university was not leaving anything to chance in terms of making the learning environment safe for students.

“We are following the Covid-19 prevention protocols. We have reconfigured our lecture rooms to ensure social distancing, we are doing screening and temperature checks, sanitisation.

“The students were told new rules for instance no visitors would be allowed on campus, whatever the circumstances.

“Students will not be allowed to converge and have group discussions and if they want to discuss they should do so using available online facilities like WhatsApp,” said Mr Chipatiso.

He said lecture rooms were fumigated and will continue being disinfected during the course of the semester.

In a statement, Nust acting registrar Mr Emmanuel Phiri said the university has staggered its reopening into five groups.

The university will be opened from Monday next week before closing on August 7.

Mr Phiri said chairpersons of departments are going to write letters authorising students travelling and they should submit their Bulawayo physical address to [email protected].

-State Media

By A Correspondent| The Chimanimani Headman who blames Christians for causing the deadly cyclone Idai by praying in the area’s sacred mountains, has died.

Community leader and citizen journo Pardon Maguta tells ZimEye, headman Mukono “passed away a few days ago.”

At the time of writing the cause of death could not be established.

Below were some LIVE reactions to the Chimanimani headman at the time as he began saying Christians caused the cyclone Idai disaster by praying in the sacred mountains. FULL PRINT:

More to follow

By A Correspondent- Former Zanu Pf heavyweight and businessman Munyaradzi Kereke, who was convicted of rape in 2016 has filed an urgent Supreme Court application challenging his conviction.

Kereke, who was slapped with a 10 year jail term for raping his 11-year-old niece, is arguing that he is innocent and never committed the offences.

Below is the argument by his lawyers filed at the Sureme Court:

The applicant filed a defective application for leave to appeal the dismissal of his appeal against conviction and sentence by the High Court under judgement number HH374/19 handed down in May 2019

Applicant persists that his intended appeal carries with it positive prospects of success on the questions of mixed fact and law and also on the questions of law proposed therein.

I also seek an order condoning my failure to file a proper application for leave to appeal in the form and manner prescribed by the rules of this court.

I reiterate that the factual conclusions reached by that court were a result of an erroneous process of reasoning resulting from misapplication of legal principles and mischaracterisation of the facts and evidence.

There are material inconsistencies on the explanation for the delay by the complainant in informing anyone, assuming that the rape occurred. Did the complainant delay because she feared for her safety or because she was embarrassed to share the experience or both.

Without resolving this contradiction, it is hard to accept that the inferior court would find that the delay was sufficiently explained on the facts.

The issue of the gun is also material. As it stands, the record is awash with so many inconsistencies that one is not aware whether the gun was produced pointed or was simply in existence. The whereabouts of the gun when the complainant allegedly pushed me away is also not explained.”

Three men believed to be Zimbabweans were arrested by South African police last Friday as they attempted to rob a post office in Atok, under Apel policing area, in Limpopo Province.

The three suspects were nabbed together with six South Africans.

They are suspected to be part of a syndicate targeting major post offices where most social grants pay outs are processed every month end.

South African Police Services (SAPS) provincial police spokesperson, Brigadier Motlafela Mojapelo said the nine had been charged for conspiracy to commit armed robbery and possession of illegal firearms and ammunition.

The gang has since appeared before the Sekhukhune Magistrate Court where they were remanded in custody to June 11 pending further police investigations.

Brig Mojapelo identified the suspects as Tatenda Ruzive (24), Zephania Gwadivenga (28) and Raphael Ngwenya (27), all Zimbabweans and South Africans Kgokong Mohlale Danny Tebeila (40), Tebogo Nchabeleng (28), Tsebisho Ntswane (25), Kabelo Pilusa (27), Tebogo Ramaila (33) and Isaac Tios (28).

“The suspects were arrested during a snap operation that was conducted by members of the Tactical Response Team and crime intelligence,” said Brig Mojapelo.

“We received information about a possible armed robbery at a Post Office in Atok under Apel policing area and reacted swiftly, leading to the arrest of the suspects.

“A suspicious vehicle, (a Ford Ranger) with three occupants was spotted along the D4180 road between Atok and Ga-Selepe. Soon after stopping, the driver suddenly got out and allegedly pointed the members with a firearm.”

The suspect was then shot and taken to hospital where he was admitted under police guard, while the firearm was taken.

Another vehicle, a Toyota Quantum with five occupants, was spotted along the D4190 in the Atok area and the driver was ordered to stop, and after the vehicle was searched, a firearm was found hidden inside and all five suspects were apprehended.

SAPS is also pursuing four unknown suspects who stormed into a post office in Seshego Zone 4 and robbed an undisclosed amount of cash. The suspects were allegedly armed with firearms and entered the post office where social grants were being paid out, and demanded money from tellers.

Brig Mojapelo said the gang overpowered the security official on duty and wrestled away his service pistol, robbed the post office of cash and fled from the scene.

-State Media

By A Correspondent- While speaking to the state media after the car of an MDC T member was allegedly petrol-bombed, Douglas Mwonzora took the opportunity to take a jab at the MDC Alliance leader Nelson Chamisa and said he and the faction he represents were not rebels but people who support Chamisa were the rebels.

This was after Gilbert Bwende whose car was reportedly car bombed said he has been accused by shadowy figures of “sponsoring rebels” such as Mr Douglas Mwonzora.

In response Mwonzora claimed he was unfazed by the threats he was receiving from people:

There are threats against our leadership, some are sending text messages using foreign numbers. We are being branded rebels, but we actually know the true rebels, those who are supporting Mr Chamisa are the rebels. We are not fazed by the threats because they are just threats, however, we are treating the bombing of Bwende’s house seriously

Chamisa and Khupe are locked in a tussle that emanated from the Supreme Court ruling that declared Nelson Chamisa an illegitimate MDC leader and restored the party’s 2014 structures with Khupe as the interim leader.

-StateMedia

Netizens here have said it is not possible for even those who are monied to destroy a politician who has the backing of the masses.

According to a poll ran on ZimEye following revelations that a lot of money had been invested to destroy the People’s President Nelson Chamisa, 57 percent of the 395 people that voted said it is not possible to destroy Chamisa using money, while 32 percent said it is possible.

Of the 395 people that voted, 6 percent were of the opinion that it could be possible while 5 percent did not know.

Former Energy and Power Development Minister Samuel Undenge’s appeal against a 30-month jail term for abuse of office was thrown out by the High Court yesterday which found that the sentence was not excessive and did not induce any sense of shock and outrage.

He had been convicted in the Magistrates Court for abuse of office after he hand-picked a public relations company for the Zimbabwe Power Company without going to tender.

The rejection of the appeal against both conviction and sentence in the High Court, where two judges sit together in appeal hearings, means Undenge will now serve the full sentence, which he unsuccessfully argued in his appeal hearing, was excessive and induced a sense of shock and outrage.

Undenge could still appeal to the Supreme Court, but in that case he would first have to seek leave to appeal and unless there was even a small possibility of a reversal of conviction or reduction of sentence, it is unlikely that such leave would be granted.

The High Court found no merit in the appeal. He had also wanted the court to consider community service or a fine as appropriate sentences.

But Justice Joseph Musakwa, sitting with Justice Phildah Muzofa, upheld both conviction and the sentence imposed on Undenge.

The judges held the view that following his conviction on a serious offence of criminal abuse of office, Undenge cannot plead that the sentence imposed on him was severe.

“Ultimately, sentence is a matter of discretion. It cannot be said that the sentence that was imposed in the present case is disturbingly inappropriate,” said Justice Musakwa, dismissing the appeal in its entirety.

The judge said the seriousness of the crime that Undenge was convicted of arose from undermining public confidence in public administration and the subversion of corporate governance.

Undenge, who was represented by Mr Alec Muchadehama, advanced an argument of selective prosecution, which the judge rejected.

His main ground of appeal was that he was a victim of political machinations following change of Government in November 2017, although the offence had been committed the previous year.

“I do not think that the appellant’s real defence is that of selective prosecution,” said Justice Musakwa. “If that is, then it is a tacit acknowledgment of wrongdoing save that his gripe is that he fell in the wrong political camp when the decision to prosecute him was made.”

Undenge also sought to argue that there was no evidence given of his duties as a public officer, and so it was not proved beyond reasonable doubt that he acted contrary to his duties.

The court conceded that there is no statute that governs the conduct of Vice Presidents, ministers and deputy ministers, but ruled that the absence of such an Act of Parliament cannot absolve a wrongdoer from criminal conduct.

-State Media

By A Correspondent- The MDC Alliance youth leaders who were abducted and tortured at the hands of state security agents are set to appear at court this morning.

ZimEye has it on good authority that the police have sought an order to compel the three, member of parliament for Harare West Joana Mamombe, Cecilia Chimbiri and Netsai Marova to surrender their passports to the state.

Said the source:

“It is true, the girls will appear at court this morning at 11 am. Despite their bail conditions set out days ago, the police have sought an order demanding that they surrender their passports to the state.

The police have since day one been harassing ,victimising and insinuating forceful arrests of the girls. This has damaged them psychologically and they have also been traumatised.

This is depsite that one of their bail conditions entails reporting once every fourtnight (Two weeks/ 14 days ). They were set to report to the police on Thursday, 11 June 2020. “

Confirmed the Zimbabwe Lawyers for Human Rights;

Commenting on the development, one of the victims’ close family member said:

“This shows how desperate the police force are keen to stifle and muzzle the girls human rights by all means necessary.

They want to Again cause harm to the three girls. They want to take them into custody.”

It is alleged that the officers involved in this are Detectives Chafa Colleen Makore, Chibaya and Assistant commissioner Makotore.

Own Correspondent

Sidelined ZANU PF spokesperson Simon Khaya Moyo has declared that indeed funds set aside for Covid-19 response are being looted by some senior persons and that these people must be arrested.

An angry Khaya Moyo made the declaration in a Twitter post on Monday evening.

His sentiments come up after a Covid-19 supplies corruption scandal has erupted in the country, placing President Emmerson Mnangagwa’s bodyguard and his son at the centre of graft allegations.

Mnangagwa’s son, Collins, is embroiled in a R17m ($1m) personal protective equipment (PPE) dispute while the president’s top bodyguard, Valdano Brown, won lucrative contracts to supply Covid-19 equipment to the ministry of health without going through a competitive bidding process.

Both Collins and Brown have been linked to foreign registers firms, Drax International in Dubai and Jaji Investment in Namibia.

The two companies allegedly belong to a group of firms believed to be connected to Zimbabwe’s first family which have scored contracts with the government during the virus outbreak.

The corruption storm involving Mnangagwa Jnr erupted a fortnight ago with reports suggesting that through a Dubai registered firm, Drax International, he pocketed nearly R17 million (US$1m) after being contracted to supply the government with inflated coronavirus fighting equipment.

In the saga, Collins and Delish Nguwaya, an operative behind Drax International, feature prominently in the alleged deal.

When details emerged pointing to Collins’ alleged involvement in the illicit deals, he quickly distanced himself from the company saying he was not in any way connected with Nguwaya.

“I am not a member of the said organisation and I have no shared or interests in their transaction with any Drax International’s representative including Delish Nguwaya,” said Collins in a statement.

This is the second time in a month the president’s son has been accused of abuse of power for personal benefit.

Sandton-based Zimbabwe millionaire, Frank Buyanga, claimed last month that the “first family is a criminal cabal.”

Buyanga wrote to the Judicial Service Commission registering his displeasure over what he said was the first family’s interference with a child custody wrangle he is currently involved in with his ex, Chantelle Muteswa.

In the letter, Buyanga called some members of the First Family a “disruptive cabal of criminals”.

Wrote the businessman then: “Over the past week, a close companion to the Mnangagwa Family Delish Nguwaya has been communicating with Justice Manzunzu, Mallan Zorodzi Chiswa who also has links to the Muteswa family has also been communicating with Justice Manzunzu.”

Journalist Hopewell Chin’ono and Alex Magaisa, a political commentator, also weighed in on the saga.

“Long before this saga, the name Delish Nguwaya had already been associated with Collins Mnangagwa.

Businessman Frank Buyanga named Nguwaya as a close companion to the Mnangagwa family in a complaint submitted to the Judicial Services Commission (JSC) over a child custody wrangle,” said Magaisa.

Speaking during a press conference on Thursday, Patrick Chinamasa who has suddenly emerged acting in Simon Khaya Moyo’s position, defended the first family.

Chinamasa said he was aware of an “unscrupulous” and “sponsored” agenda against Mnangagwa’s family.

“Zanu-PF has noted with concern the systematic well-choreographed and sponsored attacks on the integrity of the first family. They need to stop forthwith.

“ … We warn the public and those writing these lies to stop,” he said.

Own Correspondent| Popular comedian Justice Mushoran’anga popularly known as Machisa has died.

“Sad News:
Zimbabwean Comedian Justice Mushoran’anga aka Machisa is no more,” Legendary Family posted on Facebook.

Dancer Trynos Masunda also confirmed the sad news:

“It’s true, Machisa is no more.We understand he was sick, may his soul rest in peace. “

Farai Dziva|The only way to save Zimbabwe from further economic demise is the immediate resignation of Emmerson Mnangagwa, MDC Alliance vice president Tendai Biti has said.

See Biti’s argument below :

“Today the parallel market rate has traded between 80 and 85. In mid-May 2020 it was 40.

An increase of 100% in 3 weeks reflects the black market implosion. The restrictive measures by the Central Bank are corroding the ZWL$ & therefore self-defeating. They have run out of ideas.

Meanwhile, as the economy tanks, Mnangagwa has turned his energy to our Movement, journalists and lawyers. The attack on lawyers and journalists is crude and unprecedented.

But no amount of attacks can hide the fact that Emmerson is illegitimate and a failure.

You can’t rig the people’s will
We restate once more that the only way to save Zim is the immediate peaceful and constitutional departure of Emmerson. That departure will give Zim a chance to rebuild. Departure should allow convergence on the way Foward.

An opportunity for a new disruptive consensus.A new beginning.

Opposition MDC Alliance deputy chairperson Job “Wiwa” Sikhala, has renewed his threat to lead rolling mass demonstrations against President Emmerson Mnangagwa and his government.

This comes when tensions in the country have been on the rise recently mainly because of power dynamics in the MDC and the deteriorating state of affairs.

Sikhala told Daily News in an interview at the weekend that the MDC Alliance was preparing to embark on massive protests against the government he said:

The level of agitation among the people now has never been witnessed before in the history of this country … they are just waiting for leadership to end the game.

Our people have not surrendered to fate about their destiny. They are waiting for the call and the call is not very far. It is imminent.

Speaking on the approach to the protests, the Zengeza West legislator said they will not be coming in instalments but will be “incessant.”

He added that the opposition believes that the biggest problem for the country is president “Emmerson Mnangagwa and his thieving regime.”

He warned, however, that there would be persecution of those who are genuinely fighting for transformation adding that ev en those who fought to dislodge the unjust colonial system suffered years of incarceration.-Daily News

See court document below:

RE: ROBERT ZHUWAO V KIRSTY COVENTRY And ANOR

The above matter refers.
We represent the Applicant in the matter, kindly note our concern.

We have been instructed to file an urgent chamber application on behalf of our client. Our Client is currently recovering from a brain surgery in Zambia, he has signed the founding affidavit same which was notarized and emailed to us to enable us to file the instructed urgent chamber application.

We kindly request your indulgence to file the urgent chamber application using the scanned version of the founding affidavit and submit the original at the hearing.

Due to lockdown restrictions, DHL International (Zambia) Ltd has indicated that the original notarized document will be delivered on the 12th of June, 2020. We have attached the shipment receipt for reference and your information.

Your cooperation will be greatly appreciated, in the furtherance of Justice

Own Correspondent

High Court judges have been making very confusing rulings on the status of the opposition MDC Alliance as a political party in the country, raising questions on citizens on why this is happening.

Are the judges:

1. Incompetence
2. Captured by politics
3. Part of a deliberate confusion to disturb the opposition party.

Make your call on the issue in the poll below:

State Media

GOVERNMENT is set to reopen the tourism industry particularly for the domestic market, a development that will see the launch of the tourism recovery strategy next week.

The tourism industry is one of the sectors that were hard hit by Covid-19 resulting in tour operators and hotels closing indefinitely due to lack of business.

Government is engaging various stakeholders with a view to capacitate domestic tourism which over the years was underrated in favour of international travel.

Locals have been restricted from visiting tourism resorts by the cost factor but Government is working on addressing the pricing structure as part of the re-opening strategy.

Government has already developed guidelines to reopen the tourism sector ahead of the launch of the tourism recovery strategy next week.

A Government delegation led by Environment, Climate, Tourism and Hospitality Industry Minister Nqobizitha Mangaliso Ndlovu and Local Government and Public Works Minister July Moyo visited the resort town yesterday to meet industry players and the local authorities to discuss modalities to open the sector for local visitors.

In an interview after the meeting, Minister Ndlovu said post Covid-19, domestic tourism will sustain the sector before international travel can be revived.

“We are here for a number of reasons the main one being that we are looking at the tourism town of Victoria Falls and a number of issues as we are contemplating that sooner than later, the possibility of opening up particularly for domestic tourism. We have developed guidelines to reopen. As you may know some hotels have started opening in Harare but we needed to have very strict guidelines because they are dealing with the public so we don’t want to be conduits for spreading Covid-19,” said Minister Ndlovu.

He said tourism industry players had also come up with their own guidelines which are more stringent and have been certified by the Ministry of Health and Child Care for approval as a way of ensuring safety from Covid-19.

He said Government is engaging local authorities and other stakeholders to identify areas for synergies.

Victoria Falls Municipality and Hwange Rural District Council are the two local authorities directly involved in tourism in Victoria Falls.

Minister Ndlovu said Victoria Falls residents and villagers from nearby communities will soon enjoy free entry into the Rainforest.

This follows concerns by locals who have been failing to access the Falls.

Victoria Falls Councillor Edmore Zhou raised the issue.

Minister Ndlovu said: “This meeting is meant to find critical areas of concern and one of the issues is accessibility to national parks and costing issues. We have a package for locals where we will designate a day for local residents to visit the Falls free of entry. So, we want councillors to help us disseminate the information.”

He said there are no timelines for the plans.

The Minister said the sector should avoid fueling the spread of the coronavirus.

Victoria Falls has been tagged as more expensive compared to other destinations and industry players have defended that saying they are guided by operational costs.

Minister Ndlovu said Government will be addressing issues of competitiveness, adding there will be a differentiated pricing system where locals will have a generally lower tariff compared to international tourists.

“It will now be a question of looking at whether the charge will still be beyond the reach of many. We need many visitors for more ambassadors,” said Minister Ndlovu.

He said Government is planning on running numerous campaigns and promotions to market the country’s tourism.

Across the Zambezi River in Livingstone, Zambia recently opened its tourism industry.

Minister Ndlovu said Government is not under pressure as it wants to make sure people are not put at risk.

He said Government will next week launch the tourism recovery strategy which emphasises the need to integrate the pricing structures from both State institutions and private players.

Speaking about tourism, local Government Minister Moyo said the resort town is the face of the country and its number one source of revenue when it comes to tourism.

“The Victoria Falls council is an important instrument for making sure that there is development of the hospitality industry. And the council has been going through disturbances in the past few months which is one of the reasons for me coming here to make sure that the council has cohesion and the councillors are working as a team together with their staff,” he said.

“They need to understand the thrust of tourism and the Ministry of Environment which also controls the national parks. So, we decided to have a joint meeting. Also I was urging them that for the sake of popularity of this place we need peace for tourists to come.”

State Media

THE Zimbabwe Defence Forces yesterday dismissed as false, reports that it deployed soldiers to Morgan Richard Tsvangirai House (formerly Harvest House) to seize the building on behalf of the MDC-T led by Dr Thokozani Khupe.

In a statement, ZDF spokesperson Colonel Overson Mugwisi said their members were never deployed to the building.

He said they were assisting the police to enforce Covid-19 lockdown measures.

“Allegations by the private media that the Zimbabwe Defence Forces (ZDF), accompanied by some youths, seized Morgan Richard Tsvangirai House (MRT House), formerly Harvest House on 5 June 2020, are not true. The ZDF never deployed at MRT House. Current ZDF deployments are in support of the Zimbabwe Republic Police (ZRP) operations of enforcing Covid-19 lockdown measures,” said Col Mugwisi.

“It is the work of political mischief makers to present online media footage of the ZRP in uniform conducting their duties as the ZDF. ZDF uniform is distinct. All the misinformation is trying to divert public attention from challenges facing their political parties. They should leave us out of their politics.”

State Media

Former Energy and Power Development Minister Samuel Undenge’s appeal against a 30-month jail term for abuse of office was thrown out by the High Court yesterday which found that the sentence was not excessive and did not induce any sense of shock and outrage.

He had been convicted in the Magistrates Court for abuse of office after he hand-picked a public relations company for the Zimbabwe Power Company without going to tender.

The rejection of the appeal against both conviction and sentence in the High Court, where two judges sit together in appeal hearings, means Undenge will now serve the full sentence, which he unsuccessfully argued in his appeal hearing, was excessive and induced a sense of shock and outrage.

Undenge could still appeal to the Supreme Court, but in that case he would first have to seek leave to appeal and unless there was even a small possibility of a reversal of conviction or reduction of sentence, it is unlikely that such leave would be granted.

The High Court found no merit in the appeal. He had also wanted the court to consider community service or a fine as appropriate sentences.

But Justice Joseph Musakwa, sitting with Justice Phildah Muzofa, upheld both conviction and the sentence imposed on Undenge.

The judges held the view that following his conviction on a serious offence of criminal abuse of office, Undenge cannot plead that the sentence imposed on him was severe.

“Ultimately, sentence is a matter of discretion. It cannot be said that the sentence that was imposed in the present case is disturbingly inappropriate,” said Justice Musakwa, dismissing the appeal in its entirety.

The judge said the seriousness of the crime that Undenge was convicted of arose from undermining public confidence in public administration and the subversion of corporate governance.

Undenge, who was represented by Mr Alec Muchadehama, advanced an argument of selective prosecution, which the judge rejected.

His main ground of appeal was that he was a victim of political machinations following change of Government in November 2017, although the offence had been committed the previous year.

“I do not think that the appellant’s real defence is that of selective prosecution,” said Justice Musakwa. “If that is, then it is a tacit acknowledgment of wrongdoing save that his gripe is that he fell in the wrong political camp when the decision to prosecute him was made.”

Undenge also sought to argue that there was no evidence given of his duties as a public officer, and so it was not proved beyond reasonable doubt that he acted contrary to his duties.

The court conceded that there is no statute that governs the conduct of Vice Presidents, ministers and deputy ministers, but ruled that the absence of such an Act of Parliament cannot absolve a wrongdoer from criminal conduct.

“The obligation to foster good governance reposes on the State and its agents,” said the judge, adding that, as a minister, Undenge had an obligation to take measures to expose, combat and eradicate all forms of corruption and abuse of power.

The court could not believe Undenge’s explanation on the deal with Fruitful Communications. Justice Musakwa said even going by Undenge’s own explanation, there was everything wrong in him playing second fiddle to Fruitful Communications.

“It is apparent that he subordinated himself to Fruitful Communications. This is because Fruitful Communications proposed the contents of the letter and the appellant adopted them resulting in him directing ZPC to work with Fruitful Communications,” he said.

He was slapped with an effective two-and-half-year term for corruption after prejudicing ZPC of US$12 000.

Charges against Undenge arose sometime in January 2016, after Psychology Maziwisa and Oscar Pambuka took a letter to ZPC from the former minister, directing the company to work with their firm at intervals of six months. Following Undenge’s letter, the electricity generation arm of Zesa Holdings engaged the pair and lost US$12 000.

Mr Edmore Makoto appeared for the State.

Farai Dziva|Bishop Ancelimo Magaya has described the country’s leadership as wicked.

Bishop Magaya also condemned the harassment of MDC Alliance leaders following the grabbing of Harvest House by Thokozani Khupe.

See Bishop Magaya’s statement :

The God of regime change is watching and will judge.

“Can wicked rulers be aligned with you, those who frame injustice using the law? They band together against life of the righteous and condemn the innocent to death, but the Lord has become my stronghold, and my God the rock of refunge.

He will bring back on them their inequality, wipe them out of their wickedness. The Lord our God will wipe them out” ( Psalm 94 vs 20-23 ).

The foregoing portion of scripture succinctly captures God’s heart and word in this season. As the church is called upon to pray prophetically it is my deep conviction that the prayers should not just be the usual pious like, lacking in specifics and substance. The church should pray in the light of this portion of scripture. Please note the guidelines as given by the scriptures in the quoted passage.

1. Wicked rulers have no capacity to align with God, and conversely God can not fellowship with them.

You do not have to love Nelson Chamisa or to hate Mnangangwa for you to see this truth that our leaders are wicked and are failing to align themselves with God.

2. They use the law to frame injustice, or mischief.

Events that are ongoing are a clearest evidence of a rogue state who craft laws for purposes of driving their own interests as they get into an overdrive of suppressing the people that think differently. The arrest of Tendai Biti and his fellow leaders for allegedly violating lockdown regulations, whilst others are allowed unfettered access to their supporters is just one of many examples of governments abuse of law.

3. Divine verdict is clear from the psalmist.

God will wipe them always! I am strongly persuaded that God has rejected this system and as the church, inkeeping with their prophetic mandate to the nations praise forthrightly for Gods judgement and faithfulness to this word and I mean that which you have just read afore, God will cause that word to come to fruition. Join me in this prayer now :” Oh Lord the faithful and awesome God in whom we put all our trust and in whom all power is reposed, in accordance with your word which says because the wicked rulers do not align with you, and therefore you can not fellowship with them. They craft injustice and mischief using the law. See what they do to your people.

See how they lie! See you they are deceitful and desperately wicked! See how they are flourishing in corruption !

Lord, in the Name of Jesus, judge them and bring to effect your word, which when sent it will not come back void. We decree the coming to an end of their rule. You are the God of regime change! In the Name of Jesus we pray”

And may all Gods people say Amen!

May God bless you and continue praying accordingly.

Correspondent

The MDC Alliance has been given another lease of life as the High Court blocked the replacement of four recalled MDC Alliance legislators today. The legislators were recalled by the MDC-T a losing minority party that granted control over MDC Alliance MPs under government assisted controversial circumstances.

Justice Joseph Mafusire has granted an interim order which will hold until the High Court gives a final determination on an application brought by the quartet in which they seek to have their recall invalidated.

Part of Justice Mafusire’s ruling read, “I am satisfied that the applicants have proved a prima facie case and that they are entitled to relief. Their membership in parliament has been abruptly terminated on the basis of a process of dubious legality. It is common cause they were in Parliament on the ticket of a political formation called the MDC Alliance. For two years they have participated in the business of Parliament as members of the MDC-Alliance. ZEC registered the MDC-A as a political party. Indeed it is a political party for the purposes of the Constitution and of the Electoral Act, Parliament recognises it as a political party. The applicants have produced documents showing that they were nominated b the MDC-Alliance political party. on proportional representation for the women’s quotas for the two Houses of Parliament. The executive arm of Government recognises the MDC Alliance as a political party. The applicants have produced a copy of Government Gazette of 28 February 2020 showing that the MDC Alliance qualifies as a political party for Government funding under the Political Parties (Finance) Act, Chapter 2.11.”

Political analysts have warned the MDC Alliance against celebrating too early as they have not won yet. Last week saw soldiers assisting MDC-T fronted by Khupe and secretary general Douglas Mwonzora to take over the headquarters of the MDC Alliance Harvest House. The development was criticised by the international community with many United States government arms issuing statements. The European Union and the Dutch embassy also expressed their concern over the government’s involvement and use of force in political and property rights matters.

HARARE – Former Zanu PF youth league deputy secretary Lewis Matutu deleted his Twitter account on Saturday, hours after appearing to take aim at President Emmerson Mnangagwa and his family for corruption.

Matutu was suspended from his position in February after pointed criticism aimed at “cartels” in the fuel sector, which included attacks on Mnangagwa’s adviser and Zanu PF financier, Sakunda millionaire Kudakwashe Tagwirei, and Green Fuel founder Billy Rautenbach, who enjoys a near-monopoly in ethanol blending.

At 11.12PM on Friday night, Matutu tweeted: “Three things that can destroy a man: (1) Women; (2) Greedy children; (3) Corrupt friends and relatives. Mwari ngavapindire munguva dzekumanikidzwa zakadai (May God intervene in these times of difficulty.”

By Saturday, Matutu had taken down his account after scores of Twitter users linked his comments to a procurement scandal threatening to engulf Mnangagwa’s government.

The comment also appeared to reference Mnangagwa’s alleged infidelity. The 77-year-old reportedly has more than a dozen children born out of wedlock.

Reports on two procurement contracts for Covid-19 materials were dolled out to two companies linked to Mnangagwa, even as both companies are not on the register of approved suppliers kept by the Procurement Regulatory Authority of Zimbabwe (PRAZ).

Jaji Investments, a company registered in Namibia, won contracts for over US$112,000 to supply coronavirus testing kits on the instructions of health minister, Obadiah Moyo. The company’s director, Garikai Prince Mushininga, has met Mnangagwa several times, and unimpeachable sources told ZimLive that Mnangagwa’s bodyguard and nephew, Valdano Brown, was the company’s representative in Zimbabwe.

Drax International, also known as Drax Consult SAGL, was awarded a US$1 million contract to supply personal protective equipment and testing kits – even after the broke government, through finance ministry permanent secretary George Guvamatanga, had earlier banned procurement from private entities over escalating bills.

Guvamatanga made a special exemption for Drax International, which says on its website it was registered in the United Arab Emirates in 2020. The company’s Zimbabwe representative, Dilish Nguwaya, is a convicted criminal and business associate of Collins Mnangagwa, the president and first lady Auxillia Mnangagwa’s twin son.

Nguwaya, who has met Mnangagwa and his wife several times, denies business links with Collins. Mnangagwa’s son, meanwhile, has claimed to have no social relationship with Nguwaya – but pictures have emerged of them shopping for luxury cars in Dubai and attending official state events together.

Matutu had kept a low profile since his suspension by the Zanu PF politburo. Godfrey Tsenengamu – who was secretary for administration in the youth league – was also suspended and later expelled after he refused to attend “ideological training”.

Mnangagwa described the duo’s public denunciation of his allies as “misguided and misdirected activism which threatens the party’s unity, cohesion and singleness of purpose.”

Correspondent

The Law Society of Zimbabwe is concerned by the arrest of lawyers, Mr Patrick Tererai, Mr Dumisani Dube, Advocate Choice Damiso (subsequently released after being turned into a state witness), Mr Tapiwa Makanza and Mr. Joshua Chirambwe. Over the past few days, the arrest of members of the legal profession has become quite a common feature. One of our functions as Regulator of the Legal Profession is to ensure that members are conducting themselves ethically and professionally and as such matters like this should, ordinarily, be brought to our attention. However, despite some of the alleged cases having occurred over a year ago we have not received any complaint from members of the public, the police or from the courts.

As a representative body we are further concerned that the arrests appear calculated to hinder the members of the profession from undertaking their professional duties. A review of the recent arrests shows a disturbing pattern of intimidation, harassment of lawyers and associating lawyers with the causes of their clients.

On the 10th of May 2020, Mr Patrick Tererai of Tererai Legal Practice was manhandled and later detained overnight by police officers at Beitbridge police station after attending to his client at the police station. One of the officers, an Assistant Inspector Sibanda, forcibly removed his face mask and lodged him in police cells thus exposing him to COVID-19. He was subsequently charged with disorderly conduct.

Mr Dumisani Dube of Mathonsi-Ncube Law Chambers was arrested and taken to court on the 6th of June 2020, where he was granted bail in the sum of ZW$ 5000.00. He is being accused of “defeating or obstructing the course of Justice” in that he is alleged to have filed a fake certificate of service and obtained judgment in favour of his client.

Advocate Damiso is also accused of “defeating or obstructing the course of Justice” as an accomplice to Advocate Thabani Mpofu. As a senior member of the profession, she was acutely aware of the allegations against her for a whole week. It is therefore strange that she had to be dramatically picked up whereas she could have presented herself before the police had she been requested to do so.

On Sunday, the 7th of June 2020, Mr. Makanza, the legal practitioner who instructed Advocate Thabani Mpofu was also arrested and subsequently detained. This is despite the fact that he had always been aware of the allegations against him and has cooperated with the police who investigated the same matter in 2019. His detention is, therefore, deeply concerning.

On Monday 8th June 2020 lawyer Joshua Chirambwe, the applicant in a pending Constitutional application was arrested on allegations of assisting Advocate Thabani Mpofu to plagiarise Simbarashe Zuze’s affidavit thus allegedly defeating the course of justice. Lawyers are not above the law and may be arrested like anyone elsewhere there is a reasonable cause to do so. In the case of Dumisani Dube the matter can be investigated without having to incarcerate the accused person. The fact that the legal practitioner was arrested whilst he had voluntarily gone to the police station to assist his client creates the impression that he was targeted for doing his work.

The arrest of the other two lawyers is also linked to the performance of their duties as legal practitioners. In the case of Advocate Damiso her alleged offence arose from her role as commissioner of oaths whilst Mr Makanza was merely representing his client. The police allege that the client does not exist whilst Mr. Makanza insists that the client exists and that he has taken him to the Law and Order section of the police twice. It is also a matter of record that the police have had more than a year to investigate this matter.

The sudden arrest of these lawyers, therefore, raises the inescapable view that the lawyers are being associated with the cause of their client. The constitutional application at the centre of these arrests sought to impugn the appointment of the Prosecutor General by the President. In this regard, we are apprehensive because the arrests appear to be calculated at intimidating and harassing lawyers in the course of their duties.

The right to legal representation is a Constitutionally guaranteed right. The right of legal practitioners to practice their profession is also guaranteed in the Constitution. The Law Society accordingly condemns the continued systematic harassment and intimidation of lawyers in the course of their work. Such actions undermine the rule of law and the administration of justice in Zimbabwe. In terms of both our domestic and international principles, the State must guarantee that lawyers are free to perform all of their professional functions without intimidation, hindrance, harassment or improper interference, are able to travel freely to consult with their clients and are free of threats in the discharge of their duties.

Law Society of Zimbabwe “Committed to Justice and the Rule of Law”

Correspondent

Former Finance Minister and Vice President of the opposition MDC Alliance, Tendai Biti, has said President Emmerson Mnangagwa was the hurdle blocking the country’s growth.

He said Mnangagwa’s departure from power will usher Zimbabwe on to a growth path. His remarks come when the country is grappling with the economic and humanitarian crisis characterised by shortages of fuel, food, medicines and the soaring inflation as well as high unemployment rates.

This Sunday, Biti proposed the establishment of a transitional authority that would lead the country until the next election with the mandate of pulling the country out of its economic doldrums and addressing the political crisis that is manifest in the deterioration of the democratic space in the country.

Posting on Twitter, he said:

“Today the parallel market rate has traded between 80 & 85. In mid-May 2020 it was 40. An increase of 100% in 3 weeks reflects the black market implosion. The restrictive measures by the Central Bank are corroding the ZWL$ & therefore self-defeating. They have run out of ideas.

“Meanwhile, as the economy tanks, Mnangagwa has turned his energy to our Movement, journalists & lawyers. The attack on lawyers & journalists is crude & unprecedented. But no amount of attacks can hide the fact that Emmerson is illegitimate & a failure. You can’t rig the people’s will

“We restate once more that the only way to save Zim is the immediate peaceful & constitutional departure of Emmerson. That departure will give Zim a chance to rebuild. Departure should allow convergence on the way foward. An opportunity for a new disruptive consensus. A new beginning.”

– Tendai Biti

State Media

Media and gender equality champion Dr Tikhala Chibwana has died.

Dr Chibwana, who was the director of the Women in News (WIN) died in Malawi yesterday after a short illness.

Described by colleagues as great leader, mentor, and champion of gender equality, Dr Chibwana mentored female journalists in Africa’s newsrooms through the Women In News programme.

Writing on her Twitter blog, WIN’s local programme manager Ms Molly Chimhanda said:

“Dr T, words cannot express the shock I felt when I was told. I’m still in shock… You will be missed @tkchibwana2. Irreplaceable soul. Such a great loss for our work. I learnt so much from you as my colleague, boss, father figure… I’m gutted.”

Veteran journalist Vincent Kahiya also mourned Dr Chibwana and said: ” Dr T @tkchibwana2  my dear friend, we had lots of unfinished business and conversations. Achimwene, I am gutted.”

WAN-IFRA executive director Ms Melanie Walker said,

” Dr Tikhala Chibwana was a champion of gender equality in the media industry. During his five-year tenure as head of WAN-IFRA Women in News Africa, ‘Dr. T’, as he was fondly referred to, inspired and motivated hundreds of journalists to take on greater leadership roles in the industry, and brought together dozens of media companies throughout Southern and East Central Africa in the collective pursuit of achieving greater diversity and operational excellence within their organisations. While we mourn this great loss, Dr Chibwana’s legacy will live on in the WIN community and in the future generations of journalists who will carry forward his teachings and influence in the work they do.”

Dr Chibwana also served in the Media Institute of Southern Africa (MISA) regional board of trustees in 2011 and chaired its Audit & Finance Committee.

In Nov 2014, he was further appointed to become the Southern African Media Development Fund chairperson, which positions he was serving diligently until untimely death.

Zimbabwe’s Minister of Youth, Sport, Arts and Recreation, Kirsty Coventry is reportedly grabbing a farm which belongs to Robert Zhuwao, the son of national liberation heroine, Sabina Mugabe.

Zhuwao who also a nephew of Zimbabwe’s founding leader, the man who led the land reform program, Robert Mugabe, has approached the courts seeking a spoliation and prohibitory interdict.

Coventry, the former World swimming champion and the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement, Perrance Shiri, in that order, were cited as 1st and 2nd respondents.

Part of the court papers reads:

RE: ROBERT ZHUWAO V KIRSTY COVENTRY And ANOR

The above matter refers.

We represent the Applicant in the matter, kindly note our concern.

We have been instructed to file an urgent chamber application on behalf of our client. Our Client is currently recovering from a brain surgery in Zambia, he has signed the founding affidavit same which was notarized and emailed to us to enable us to file the instructed urgent chamber application.

We kindly request your indulgence to file the urgent chamber application using the scanned version of the founding affidavit and submit the original at the hearing. Due to lockdown restrictions, DHL International (Zambia) Ltd has indicated that the original notarized document will be delivered on the 12th of June, 2020. We have attached the shipment receipt for reference and your information.

Your cooperation will be greatly appreciated, in the furtherance of Justice

Own Correspondent

The Supreme Court of Zimbabwe has overturned a decision by High Court which granted the controversial businessman acquittal on corruption charges.

He will now face trial in the Supreme Court.

More to follow…….

Source Zbctv news.

Zimbabwe Lawyers for Human Rights has issued a statement castigating the government’s use of a heavy hand on the legal profession and the opposition in the country. Below is the statement in full.

ZIMBABWEAN authorities have stepped up their crackdown against legal practitioners by questioning and arresting several lawyers and charging them with defeating or obstructing the course of justice during the execution of their professional duties.

On Sunday 7 June 2020, Zimbabwe Republic Police (ZRP) members arrested and charged Harare-based lawyer Tapiwa Makanza with defeating or obstructing the course of justice as defined in section 184(1)(a) of the Criminal Law (Codification and Reform) Act.

Makanza, who was represented by Paidamoyo Saurombe of Zimbabwe Lawyers for Human Rights (ZLHR) and who appeared at Harare Magistrates Court on Monday 8 June 2020, was accused by prosecutors of creating a fictitious person Simbarashe Zuze, who is the person who in January 2019 filed an application in the Constitutional Court challenging President Emmerson Mnangagwa’s appointment of Kumbirai Hodzi as Prosecutor-General as he did not score high marks during interviews conducted by Judicial Service Commission.

The 38 year-old Makanza, who was granted RTGS$20 000 bail and ordered to report at ZRP Anti-Corruption Unit and to continue residing at his given residential address, returns to court on 10 July 2020.

On Monday 8 June 2020, Joshuwa Chirambwe was also granted RTGS$20 000 bail when he appeared at Harare Magistrates Court after he was arrested and charged with defeating or obstructing the course of justice as defined in section 184(1)(a) of the Criminal Law (Codification and Reform) Act. He was ordered to report at ZRP Anti-Corruption Unit and to continue residing at his given residential address.

The 28 year-old Chirambwe, who is represented by Obey Shava of ZLHR, was accused of conniving with Advocate Thabani Mpofu to obstruct any investigations into the existence of Zuze upon realising that the initial application tendered by Advocate Mpofu in the Constitutional Court was struck off the court’s roll on 6 February 2020.

He returns to court on 10 July 2020.
Advocate Choice Damiso and Harare-based lawyer Lawman Chimuriwo were also quizzed by ZRP members on Saturday 6 June 2020 and on Monday 8 June 2020 with reports that the state intends to turn them into state witnesses in the case of Advocate Mpofu, Makanza and Chirambwe.

On Saturday 6 June 2020, Bulawayo-based lawyer Dumisani Dube, who was arrested and charged with defeating or obstructing the course of justice as defined in section 184(1)(d) of the Criminal Law (Codification and Reform) Act, was granted RTGS$5 000 bail when he appeared at Bulawayo Magistrates Court.

Dube, who was represented by Prince Bhutshe-Dube and assisted by Godfrey Nyoni of ZLHR returns to court on 18 June 2020.

Charges against Dube arose from a matter wherein Dube represented his client and filed an urgent chamber application at the Bulawayo High Court, and obtained an order in favour of his client.

According to the state, Dube allegedly filed a fake certificate of service purporting to have served one of the Respondents in the matter, when he had not, and thereafter proceeded to obtain an order by default.

The arrest of Dube, Makanza and Chirambwe brings to four the number of lawyers who have been apprehended in just one week after Advocate Mpofu was arrested and charged on the same allegation of defeating or obstructing the course of justice as defined in section 184(1)(d) of the Criminal Law (Codification and Reform) Act.\

Advocate Mpofu, who was represented by Beatrice Mtetwa and Raymond Moyo of ZLHR, was also charged with corruptly concealing a transaction from a principal as defined in section 172(1)(b) of the Criminal Law (Codification and Reform) Act and perjury as defined in section 183(1)(a) of the Criminal Law (Codification and Reform) Act.
Advocate Mpofu returns to court on 10 July 2020.

Meanwhile, Harare Magistrate Bianca Makwande on Saturday 6 June 2020 granted RTGS$1 000 bail each to six opposition MDC-Alliance party leaders, who were arrested on Friday 5 June 2020 and charged with criminal nuisance as defined in section 46 of the Criminal Law (Codification and Reform) Act and with contravening some national lockdown regulations.

The six MDC-Alliance party leaders, who include Vice-President Tendai Biti aged 53 years, Vice-President Lynette Karenyi aged 45 years-old, Deputy Secretary-General David Chimhini aged 70 years, Gladys Hlatshwayo aged 36 years, 34 year-old Lovemore Chinoputsa, the Deputy Secretary for International Relations, and 50 year-old Vongai Tome, the Secretary for Mobilisation in the opposition party’s Women’s Assembly were represented by Beatrice Mtetwa, Alec Muchadehama and Jeremiah Bamu of ZLHR.

Prosecutors said the six MDC-Alliance leaders contravened section 5(3)(a) as read with section 5(1) of Statutory Instrument 83/2020 as amended by section 4(a) of Statutory Instrument 99 of 2020 (COVID-19 Prevention, Containment and Treatment (National Lockdown 2020) as amended by Amendment Order number 8 of the regulation, which prohibits gatherings of more than 50 individuals in a public place during the national lockdown period declared by government.

On the alternative charge of criminal nuisance as defined in section 46 of the Criminal Law (Codification and Reform) Act as read with paragraph 2(v) of the third Schedule to the Criminal Law (Codification and Reform) Act, prosecutors alleged that the opposition party leaders allegedly interfered with the ordinary comfort, convenience, peace or quiet of the public.

The prosecutors alleged that the six MDC-Alliance party leaders gathered outside Morgan Tsvangirai House in Harare’s central business district and blocked Nelson Mandela Avenue and sang a protest song with the lyrics “kana ndafa nehondo”, which if loosely translated means “I am prepared to die”.

Mtetwa, Muchadehama and Bamu notified Magistrate Makwande that they will challenge the placement on remand of their clients when they return to court.

 By A Correspondent- A philandering Bulawayo church leader is in soup for being in several romantic relationships with congregants.

Nhanhla Ndhlovu was reportedly chucked out of Gospel Life Assembles for allegedly having multiple sexual affairs with congregants at the church and failing to repent despite being chastised by church leadership.

A reliable source who spoke to the publication revealed that on different occasions female youths at the churched thronged church leaders seeking to report the sex ‘abuse’. The source went on to say Nhlanhla was summoned for a hearing by the church leadership which is led by Pastor Lovemore Nyoni.

‘They told him that a number of female youths in the church had approached the pastorate complaining that Nhlanhla sexually used them and dumped them. They showed him the evidence and he apologised. He was admonished and given a chance to reform but he failed to change for the better.

‘This forced the church leadership to excommunicate him so as to save the church from a bad reputation,’ said the source.

However, the accused shot down the allegations claiming that the matter was over a marriage partner.

‘The problem started when I introduced a lady I wanted to marry to the pastor. Surprisingly the pastor shot down my choice saying she was not mature in the things of the Lord. After that my lady and her parents deserted the church. The pastor accused me of failing to convince her not to leave the church,’ he said.

‘On the second issue after several months, I introduced another lady I wanted to marry. Shockingly again they turned my request down saying she did not have breasts and she was young while the lady in question had completed her Advanced Level.  Moreover when I was away on duty in Kadoma, I heard from some church members that the pastor warned all female youths to never come to my office. After that I got shocked to learn that the pastor told youths in their WhatsApp group that he excommunicated me. But the truth of the matter is I left on my own and I was never excommunicated. Also it’s not true that I had sexual affairs with the female youths at our church.’

Reached for a comment Pastor Lovemore Nyoni said:

‘It is not true that he was prevented from marrying a lady of his choice. The church or pastor has no legal authority to force anyone to marry or not to marry. The ex-communication was in response to a string of sexual abuse or sexual immorality that he committed at our church. As leadership we have a responsibility to protect girls from all forms of abuse. This is part of our non-negotiable biblical principle.’

Nhlanhla said in one of his communications with the church leadership, which the tabloid publication has in its possession:

‘I hope somehow I will get over all my mistakes. Thank you for your patience on me, you sacrificed a lot for me and I failed you.’

This is the man the govt is denying exists leading to the arrest of Advocate Thabani Mpofu for filing an affidavit for a non existent person challenging the appointment of Hodzi as Prosecutor General… pic.twitter.com/DFCB6IAUY8

— ZimEye (@ZimEye) June 8, 2020

RESERVE Bank of Zimbabwe (RBZ) Governor John Mangudya has warned illegal money changers and cash barons that indiscipline such as showing off cash on social media will lead to them being arrested because it is illegal.

This comes as the RBZ claims to have cornered illegal money changers, adding that it will continue to come up with measures to deal with the rampant illicit trade.

Over the past weeks, the Central Bank has come up with a number of measures to deal with illegal money dealers who have been fuelling the parallel market rates of foreign currency.

The bank’s Financial Intelligence Unit (FIU) recently directed all banks to review downwards Zipit transaction limits to $20 000 a day from $100 000 following abuse of the facility by illegal foreign currency dealers.

This was a few weeks after the Apex bank also directed mobile money service providers to freeze accounts belonging to agents with transaction activity above $100 000.

On Thursday the Central Bank’s Financial Intelligence Unit (FIU) issued a statement outlining that bank account holders would be allowed to make not more than two interbank transactions per day.

Mangudya said on Friday that the bank could not sit and watch dealers dragging the country into chaos. He said for the economy to move forward, illegal money changers must be stopped in their tracks and citizens have to exercise discipline.

Mangudya was clear that while the RBZ was doing all it can to address the runaway black market, it was solely the responsibility of every citizen to shun illegal money changers.

“What is lacking is self-discipline. We need to make sure we produce for the economy so that we become self-sufficient. The behaviour of selling money is not conducive for economic growth.

“There is no economy that has grown by selling money to get money. Let us have national interest. We have to be patriotic and develop national ethos that is good for the economy,” he said.

Mangudya also warned that those who post pictures of bank notes on social media risk being arrested. He said such foolhardy and unpatriotic tendencies are retrogressive and unlawful.

“It is illegal to show off cash on social media. Members of the public risk being arrested,” Mangudya has warned.

The Central Bank boss is on record as saying the only way the country can address the anomaly in the exchange rate is for citizens to desist from speculative tendencies.

“These problems are caused by behavioural issues. Zimbabweans have become very speculative in nature. As a move to block the black market, the RBZ has instituted new measures that are to put a blow on the black market.”

In the past two weeks, the monetary trading regime in the country has somewhat spiralled to record highs. Illegal money changers have fixed foreign exchange trade against the local currency at runaway rates each day.

As of Friday, black market rates for the local currency were pegged as high as 1:60 to the United States dollar, while the official bank rate stands at 1: 25.

ALSO ON ZIMVOICE:
NRZ offers free transportation of Covid-19 cargo
Internal bank transfers are popular within the black market racketeers as money changers resort to draw off huge sums of money.

Scheming money traders who have bank accounts persuade members of the public to accept trading at inflated rates in the parallel exchange rate. Bank accounts which are now conduits of illegal forex trade will be strictly monitored, the RBZ has said.

“Each bank customer shall make no more than two transactions per day by way of internal transfer, regardless of the values involved,” said RBZ.

The RBZ stated that while there would be no restrictions Real Time Gross Settlements (RTGS) transfers, banks must remain on guard to monitor accounts. On 26 May, the Central Bank implemented tight measures that put paid illegal dealing by mobile money traders on the EcoCash platform.

“We have noted a trend where entities are using their bank accounts to buy foreign currency using a network of runners, some of whom have been advertising their services on social media.

“These illicit transactions manifest in the form of multiple payments from one account to beneficiaries who hold accounts in the same bank.”

The selling of cash done by illegal money changers is known to many as “burning” and is not a new phenomenon on the economy. The “burning money” practice went viral in the hyper inflationary period between 2007 and 2008. It involves the trading of hard cash on the black market for a premium.

By Own Correspondent| The High Court has barred a faction of the opposition MDC-T led by Thokozani Khupe from replacing legislators who were recently recalled from parliament.

Posting on Twitter this morning, MDC Alliance Secretary General Charlton Hwende said the High Court has stopped the Khupe faction from replacing the four legislators pending the determination of the legality of calls.

“We have just won our case at the High Court before Justice Mafusire. MDC-T Khupe and Mwonzora have been bared from replacing those recalled pending the court’s determination of the legality of the recalls,” said Hwende.

The recalled MPs are Charlton Hwende, Tabitha Khumalo, Prosper Mutseyami and Lilian Timveos.

By A Correspondent- Police in Matabeleland South Province has intensified raids in mining areas in the province resulting in over 300 arrests.

339 people were arrested in mining areas of Matobo and Gwanda last week for violating COVID-19 lockdown and mining regulations.

Matabeleland South provincial police spokesperson Chief Inspector Philisani Ndebele told the state media that the suspects had been arrested for operating without protective mining clothing.

“The offences also include unnecessary movement, failure to wear COVID-19 protective gear such as masks and failure to observe other COVID-19 safety measures such as maintaining social distancing, sanitising and checking temperatures.” Said Chief Isp. Ndebele:

We made observations that there is a lot of defiance in mining areas as people are not following operational regulations set under the Mines and Minerals Act as well as safety measures set by Government to curb the spread of COVID-19.

Chief Insp Ndebele urged miners to observe the regulations as police will continue to conduct the raids.

He also said police are on the lookout for shops not observing COVID-19 safety measures such as sanitising customers upon entry, checking their temperature and maintaining social distancing

State Media|Desperate home seekers in Harare will have to wait a bit longer to get stands from council after the local authority temporarily froze new stand allocations and suspended operations of the allocation unit in the Housing Department until internal investigations into unprocedural, double and fake allocations are complete.

The process for one to acquire a stand in Harare has been raising eyebrows over the years with the local authority issuing offer letters without stamps, making it easy for officials to duplicate the document leading to double allocations.

The freeze on the allocation of stands is expected to pave way for the introduction of a Human Settlements Policy that will see land barons being cut out of Harare’s housing programme.

Under the new policy council will only allocate serviced land, preventing anyone from seizing unserviced land and later seeking regularisation.

Town clerk Engineer Hosiah Chisango and housing director Mr Addmore Nhekairo were yesterday reported to be holding a crunch meeting prompted by the temporary closure of the allocation unit in the department of Housing.

Harare City Council in a statement said the move to temporarily shut down the unit was prompted by desperate home seekers that were duped of their hard-earned cash.

Council spokesperson Mr Michael Chideme said the allocations unit will remain closed until investigations are complete.

“Harare City Council is encouraging residents who feel they were short-changed in the allocation of residential stands through our Housing Department to report to the Municipal Police headquarters with evidence or proof of the transactions they did.

“Council is investigating the unprocedural allocation of housing stands, double allocations and fake allocations with a view of improving service delivery and bringing to book employees who might have been involved,” said the local authority.

Harare Residents Trust director Mr Precious Shumba yesterday said council has had an opaque stands allocation system for a long time.

“Desperate home seekers on the housing waiting list have always complained that they are not being allocated the stands because people with money have been bribing corrupt officials and councillors to secure stands.

“The result has been that the poor people have been paying money for renewals without receiving any joy. To make matters worse, the renewals are now being done twice a year,” he said.

Mr Shumba said it is important that all the people involved should be thoroughly investigated.

A concerned resident, Freeman Mutambara, said it is sad that council continues to parcel out prime land to land barons for a song who then go on to sell the same stands for a premium.

Another resident, Privilege Musvanhiri said the housing waiting list was not working.

“I have been on the housing list for almost 10 years and I have been to the office inquiring about infill stands in our neighbourhood in Mabelreign and Greencroft. Each time you are told there is nothing but we see new development taking place there.”

MISA Zimbabwe takes note of the chain of events that have transpired in these last few months in Zimbabwe, which seem to point to increased attempts by the government to promote and entrench mass surveillance of citizens.

The recent press statement released by the Minister of Home Affairs and Cultural Heritage, Kazembe Kazembe, on the alleged abduction of three MDC Alliance Activists Joana Mamombe, Cecilia Chimbiri and Netsai Marova raised alarm on government surveillance of citizens.

In his statement, the Minister gave a detailed narration of the purported movements of the three abductees, which included their precise locations and times on the day in question.

And recently, in March 2020, the Zimbabwe National Army (ZNA) Commander Lieutenant-General Edzai Chimonyo, addressing senior military commissioned officers at the Zimbabwe Military Academy in Gweru, said the military would soon start snooping into private communications between private citizens to “guard against subversion,” as social media has become a threat to national security.

In his post-cabinet briefing on the 21^st of April 2020, Finance Minister Mthuli Ncube said the government used a sophisticated algorithm to select beneficiaries of the ZW$180 COVID-19 pocket money. A social media report also elaborated that the Finance Minister claimed that “they looked at how much money is in your bank account, mobile wallet, and using your cell phone number, figured out where you really stay”.

What is alarming is what appears to be a combined operation of excessive use of personal information, by public and private actors, government, and mobile network operators. This raises several issues of concern around data protection, surveillance and the right to privacy.

Surveillance laws in Zimbabwe

It is not in dispute that rights can be limited and in terms of Section 85 (2) of the Constitution. Fundamental rights and freedoms set out in the Constitution may be limited only in terms of a law of general application and to the extent that the limitation is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom, taking into account all relevant factors.

Principle 8 of the African Declaration on Internet Rights and Freedoms which focuses on privacy and personal data protection also provides that:

The right to privacy on the Internet should not be subject to any restrictions, except those that are provided by law, pursue a legitimate aim as expressly listed under international human rights law, (as specified in Article 3 of this Declaration) and are necessary and proportionate in pursuance of a legitimate aim.

Meanwhile, taking note of the sensitivity of the matter at hand, being an alleged abduction, it was expected that the government would institute investigations to uncover the truth and the criminals behind that abduction.

With the advancement in technology, geo-location data of persons and call records among other tools can be relied on to track persons and their locations. Such innovations in information technology have also enabled previously unimagined forms of collecting, storing, and sharing personal data. This, therefore, poses the urgent need to jealously guard the right to privacy and to increase State obligations related to the protection of personal data.

As highlighted above, any infringement of the right to privacy should be prescribed by law, necessary to achieve a legitimate aim, and proportionate to the aim pursued. The Interceptions of Communications Act is the statute that sets out the legal basis for the government or rather State authorities to conduct communications surveillance.

In terms of the Act, an application for the lawful interception of any communication may be made by the Chief of Defence Intelligence or his or her nominee; the Director-General of the President’s department responsible for national security or his or her nominee, and in this case the Commissioner of the Zimbabwe Republic Police or his or her nominee.

As part of the application, full particulars of all the facts and circumstances alleged by the applicant in support of his or her application and also whether other investigative procedures have been applied and have failed to produce the required evidence.

Or, the reason why other investigative procedures appear to be unlikely to succeed if applied, or whether they involve undue risk to the safety of members of the public or to those wishing to obtain the required evidence.

The law also requires that the Minister should issue the warrant if there are reasonable grounds for the Minister to believe that any of the listed offences has been or is being or will probably be committed and this includes kidnapping or unlawful detention involving the infliction of grievous bodily harm.

MISA Zimbabwe position

The Executive’s access to private data of citizens, use and storage should be prescribed by law and through lawful procedures that are in line with international human rights frameworks.

MISA Zimbabwe, therefore, reiterates that the Interception of Communications Act, enacted in 2007, needs to be reviewed and aligned with the 2013 Constitution. The Act infringes on the exercise of rights and is not in keeping with international human rights standards through various aspects which include the following:

• Authorities may obtain warrants to intercept private communications through a process that is controlled by members of the Executive and not subject to independent scrutiny and oversight, whether from a judicial or other monitoring body or the public.
• The Act does not require authorities to notify individuals that they are or have been subject to surveillance and there are insufficient avenues for victims of unlawful surveillance to seek redress.
• The Act places wide-ranging duties on telecommunications providers to facilitate State surveillance.
• Key terms in the Act, such as “monitoring,” are not clearly defined, opening the door to abuse, especially in relation to the collection and analysis of metadata.

MISA Zimbabwe also takes note of the gazetting of the Cybersecurity and Data Protection Bill which seeks to put in place mechanisms for the protection of data in line with the Declaration of Rights.

Having noted the extensive involvement of the executive in surveillance issues, MISA Zimbabwe also reiterates its position in the analysis of the Bill, that the proposal to make Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ), the Cybersecurity Centre and Data Protection Authority, is inappropriate.

The conflation of these three institutions poses a dual crisis, with POTRAZ, on one hand, becoming the surveillance arm of the state while also having access to the large volumes of data collected by the Mobile Network Operators (MNOs) and Internet Service Providers (ISPs). This, therefore, compromises data protection and the right to privacy.

The proposed Bill should be reviewed to ensure that it is in keeping with the promotion of the right to privacy and data protection. A separate and independent body should also be set up to handle all cybersecurity issues, comprising stakeholders who advocate for internet freedom and protection of digital rights.

Where interception is required, there is a need for judicial oversight, protection of the metadata obtained and clearly laid out procedure on the retention of the metadata. Further, there should be parameters set on the scope of interception, rather than an open wide interception, similar to search and seizure powers, which are broad and open for abuse. In the absence of such safety nets, mass surveillance of citizens becomes a free reign for the ruling elites to abuse the vulnerable citizens. This is in violation of the constitution of Zimbabwe’s section 57, which states that: Every person has the right to privacy, which includes the right not to have:

• their home, premises or property entered without permission;
• their person, home premises or property searched;
• their possession seized;
• the privacy of communications infringed; or
• their health condition disclosed

Own Correspondent

An audio of Norton Independent Member of Parliament Temba Mliswa warning President Emmerson Mnangagwa’s son, Emmerson Junior, against tarnishing his father’s image through playing around with women has emerged on social media.

According to the audio, Emmerson Jnr seems to been in a relationship with Pokello Nare.

Mliswa is a cousin to the president of Zimbabwe and was heard advising Emmerson Junior to come out clean and make a statement regarding the affair. He says he was advising in his capacity as a concerned uncle.

Mliswa was being straight in the audio as he sought clarity.

You can follow the link below to listen to the audio.

08 June 2020
Joint statement by Teacher Unions in Zimbabwe concerning low salaries for teachers

▪️Perturbed about who is paying the difference when teachers are earning a meagre and starvation monthly salary of ZWL$2 800 when the cost of groceries only for a family of six is conservatively pegged at $5 551 and that of other basics at ZWL$2 666 by the Consumer Council of Zimbabwe;
▪️Concerned that the level of inflation in Zimbabwe is conservatively said to have risen to around 700%;
▪️Worried that salaries of teachers have remained stagnant in an economic environment where the cost of everything else is continuously pointing northwards because of the galloping three-digit inflation ;
▪️Realising that the economy has re-dollarised and the providers of goods and services are now demanding payment in the more stable currency of United States Dollars yet teachers’ meagre salaries of less than US $34 are denominated in the less stable currency of Zimbabwean dollar;
▪️Reminding the Government that teachers’ monthly salaries were once US $550 before the introduction of bond note, which was a precursor to the the untimely return of the Zimbabwe Dollar;
▪️Noting that teachers have a dispute of right with the employer considering that their salaries were technically reduced, which is no doubt an unfair labour practice because salaries for workers providing a service to the employer as per employment contract can only be improved upon rather than reduced;
▪️Reiterating that salaries for teachers need to paid in United States Dollars than in Zimbabwean Dollars so that they can afford the basic the goods and services on the market;
▪️Stressing the importance for the employer to restore the Purchasing Power Parity of teachers ‘ salaries that obtained prior to October 2017; and
▪️Emphasizing that well paid teachers in safe schools is a must for quality public education.

We, the undersigned Teacher Unions in Zimbabwe, now therefore, urge the Employer to:

1. Urgently convene a meeting with all teacher unions only with a view to sharing ideas on the way forward before the opening of schools post the covid-19 period;
2. Engage all teacher unions with a view to urgently reviewing salaries for teachers;
3. Consider putting in place meaningful education sector-specific allowances that commensurate with their responsibilities and status;
4. De-bunch teachers’ salaries considering that teachers’ salaries must be a function of their qualifications, responsibilities and experiences;
5. Treat the issue of the review of teachers’ salaries as an urgent matter;
6. Pay teachers’ salaries in United States Dollars, which they used to earn before October 2017 in line with the Purchasing Power Parity principle;
7. Be aware that there is nothing as dangerous as having under-paid teachers in the classrooms because teachers are role models of their communities and society; and
8. Pay an acceptable covid-19 risk allowance to teachers as in essence they are frontline workers in the education system during .

Jointly signed by
ARTUZ, PTUZ, TUZ , ZDTU, ZINATU, ZINEU, ZRTU and ZIMTA

ZIMBABWE ELECTION SUPPORT NETWORK

PRESS RELEASE

08-June-2020– The Zimbabwe Election Support Network (ZESN) notes with concern the the continued suspension of electoral activities by the Zimbabwe Electoral Commission (ZEC) without consulting key electoral stakeholders.

Initially, on 25 May, ZEC announced the indefinite suspension of all electoral processes. While announcing plans to resume some electoral activities, the ZEC’s Press Release dated Friday 5 June 2020 notes; “The Commission would like to remind the public that those electoral activities that require gatherings will remain suspended to avoid violating lockdown measures currently in place.”

Whilst acknowledging the risk that the novel coronavirus exposes those involved in elections to, ZESN reiterates its position that ZEC could have reached a decision after engaging key stakeholders such as political parties, CSOs, and even citizens.

Engagement with regards to whether or not to suspend electoral activities could have been done through virtual or any other means adhering to measures aimed at preventing the spread of COVID-19.

In the absence of these consultations, ZEC could at least have considered postponing, rather than suspending electoral activities. But even postponement cannot be indefinite.

ZESN is the position that ZEC could proceed with by-elections and other electoral activities, ensuring COVID-19 preventative measures are in place for voters, polling officials, political party agents as well as observers.

This is particularly so because the COVID-19 pandemic may be here to stay, no one knows for how long if it is for months or years.

ZESN notes that the suspension of electoral activities was not done in terms of the law. Sections 158 (3) and 121 (a) of the Constitution provide that ZEC should conduct polling in by-elections to fill vacancies in Parliament and local authorities, fix the polling dates for local authority by-elections within 90 days after the vacancies occur.

Section 132 allows ZEC to change dates but does not mandate ZEC to change without giving notice of its decision in the Gazette and in the media and beyond 90 days.

ZESN envisages to see a comprehensive COVID-19 Electoral Practice Policy that is reflective of key electoral stakeholders’ input. Consultations and stakeholder engagement is one of the progressive provisions in the current ZEC Strategic Plan. “Electoral stakeholders play a key role in creating public confidence in ZEC and ensuring public support in its policies and programmes.

To ensure trust in the electoral process, there is need for the Commission to institutionalize stakeholder engagement and to develop an operational culture that makes it responsive to the needs of the stakeholders,” reads the ZEC Strategic Plan 2019-2024, page 23.

Recently, ZESN noted that Parliament has been engaging with stakeholders and ZEC should have taken a cue from that so as to enhance trust and confidence. Indications are that Parliament may soon embark on public hearings on Constitutional Amendment Bill No.2.

Given that a number of countries have so far held electoral activities amid COVID-19, ZEC could draw lessons to guide the conduct of elections under more or less similar circumstances so as not to quarantine democracy.

Furthermore, Zimbabweans queue on a daily basis for basic commodities, cash outs at banks and money agents, social welfare and food aid from different organisations whilst observing safety measures.

ZESN is of the view that ZEC could proceed with electoral activities including voting and consider the following measures, among others:

•In developing the COVID-19 policy, ZEC should be informed by views and inputs gathered from consultations;
•In order to accommodate additional activities in setting up polling stations due to COVID-19, polls could now commence at 8.30 am and close earlier;
•Perhaps ZEC should consider postponing by-elections if vacancies occur in areas where the incidence of COVID-19 positive cases is high.

However, ZEC should note that any postponement beyond 90 days from the date a vacancy arises as provided for in Section 158 (3) of the Constitution is potentially illegal and unconstitutional;

•ZEC could consider mandatory COVID-19 testing for ZEC staff before and after deployment for elections;
•ZEC should institute preventative measures such as body temperature screening, hand sanitizers, face masks, and safe distancing for voters, polling officials, political party agents, security personnel, and observers and provide personal protective equipment to polling officers during by–elections;
•ZEC could develop and widely disseminate ahead of election days a Code of Conduct for Voters detailing information on voting amid COVID-19;
•ZEC could ensure that, prior to the commencement of polls, the Presiding Officer or ZEC officers read out loudly to voters the contents of the Code of Conduct for Voters;
•ZEC could use tags and twines to ensure crowd control and maintenance of safe distance;
•ZEC could ensure safe distancing inside and out of polling stations by indicating using signs and marks strategically placed throughout the voting premises;
•ZEC could introduce a two-tier queuing system at polling stations where voters will be brought into the voting area periodically to prevent overcrowding;
•ZEC could ensure that the layout of polling stations complies with distancing requirements;
•ZEC could disinfect polling stations before, during and after polling and regularly disinfect voting compartments, ballot stamps and other election materials;
•ZEC could have voters temporarily lower or remove their face masks to facilitate their identification;
•Where any are close to such facilities, ZEC should move polling stations away from long term care facilities and facilities housing older persons to minimize COVID-19 exposure among older individuals and those with chronic medical conditions;
•ZEC could limit the number of people in the same room at any given time;
•ZEC could allow voters who are under COVID-19 self-isolation to vote at polling stations after the closing of polling stations for all other voters, with strict protective measures adhered to on the part of both the voters and election administration officers; and
•ZEC could ensure safe distancing amongst all in collation centres.

Besides the above proposed measures that would help ensure elections are conducted in a manner that reduces chances of spreading COVID-19, there is need to institute reforms that will ensure the credibility in elections and electoral processes.

ZESN restates the need for ZEC to ensure that electoral processes done during the COVID-19 pandemic era are conducted in a transparent, accountable, credible and verifiable manner.

There is need to strike a balance between ensuring the health and safety of all stakeholders and upholding the law. ZESN thus recommends more dialogue between ZEC and electoral stakeholders on alternative methods of conducting other electoral processes that will ensure the health and safety for all involved.

Overall, ZEC’s decision on the way forward regarding conducting electoral processes amid COVID-19 should be informed by an inclusive consultative process that taps into the views of all concerned stakeholders.// ENDS

PROMOTING DEMOCRATIC ELECTIONS IN ZIMBABWE