ZIG Watch : Issue 4

As March drew to a close amid ongoing reports of lawlessness across the country, Prime Minister Morgan Tsvangirai warned those engaged in unlawful activities that they would be brought to justice. "Of particular importance is restoring the rule of law, without which we will not make progress on any front. I have tasked the Ministers of Home Affairs to ensure that all crimes are acted upon and the perpetrators arrested and charged. For too long a culture of entitlement and impunity has stained our society, but after the signing of the Global Political Agreement no crime will go unpunished," he said.

However, as Zimbabwe Inclusive Government (ZIG) Watch has demonstrated since its inception, the Rule of Law is violated daily by corrupt Zanu PF ministers who have enriched themselves ruthlessly at the expense of the entire population - and continue to do so.

As South Africa's Business Day commented on 31 March: "The party (MDC) has assumed token responsibility for critical aspects of the country's governance such as the running of the economy, but does not have the political power or access to resources to turn things around. Meanwhile, an unrepentant Mugabe has been given a new lease on life and Zanu PF thugs continue to run rampant, grabbing land from the few remaining white farmers and preventing free political activity…."

The Rule of Law is the principle that no one is above the law. Its most important application is the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedural steps that are referred to as due process. The principle is intended to be a safeguard against arbitrary governance, whether by a totalitarian leader or by mob rule. Thus, the rule of law is hostile both to dictatorship and to anarchy.

For Mugabe and his Zanu PF cronies, who have relied on the power of a dictatorship and strategically engineered anarchy to achieve unlimited power and fabulous wealth, a return to the rule of law is not only undesirable but could see them facing charges at the International Criminal Court.

One of the thorns in their flesh is respected lawyer Tendai Biti in his new role as Finance Minister who has already made significant changes in his short tenure. Of the Mugabe appointees most at risk from Biti's reforms, Reserve Bank Governor Gideon Gono - widely blamed for the collapsed economy - heads the pack.

On 8 April, the Zimbabwe Telegraph reported drama at the offices of the Ministry of Finance when Zanu PF MPs stormed the office of Minister Biti and threatened to beat him up. The spark that ignited their vitriol was his denouncement of Gono's move to parcel out expensive Mercedes vehicles to MPs. Sources said Gono had whipped up emotions in order to stage a mutiny.

The transitional government faced another challenge with President Mugabe's unilateral decision to strip the Information Communication Technology Ministry of its control over the contested communication portfolio. The key issue regarding this Ministry, headed by MDC spokesperson Nelson Chamisa, is that the Interception of Communications Act, crafted to ensure the state security apparatus can spy on citizens, falls under it.

Other MDC officials targeted were Head of Security, Chris Dhlamini and Gandhi Mudzwinga, formerly Tsvangirai's personal assistant. On 25 November, Dhlamini was abducted by gunmen from his home. Together with Mudzingwa, he was brutally tortured and arraigned on charges ranging from terrorism and banditry to sabotage. They were finally released from detention on 17 April and have been recovering from extensive injuries in hospital. On 20 April their security was once again threatened when they were paid a visit by three of the detectives responsible for illegally locking them up.

Three days previously, Zimbabweans were shocked to learn that a High Court Judge granted the Attorney General's office permission to appeal against the granting of bail to Dhlamini, Mudzingwa and Shadreck Manyere, a freelance photojournalist. Manyere was held in the notorious Chikurubi Maximum Security Prison for nearly four months, also accused of terrorism.

The inhumane conditions under which prisoners are incarcerated, the scale of starvation and escalating prison death rate were highlighted by an SABC Special Assignment documentary broadcast on 31 March. It caused an international outcry and demands for the resignation of prisons head Paradzai Zimondi. However, within three days, three prison officers suspected of collaborating with Special Assignment were arrested and charged with breaching the Official Secrets Act.

Minister of Justice Patrick Chinamasa continues to operate above the law. This time he allegedly ordered the release of Zanu PF activist Edmore Hwarare from police custody behind the backs of court officials. Hwarare was arrested for fraud involving a consignment of sugar worth over US$132 000.

In pre-Global Political Agreement mould, police reversed clearance of an MDC rally scheduled for Independence Day on 18 April after Zanu PF politicians insisted it was cancelled.

Deputy Prime Minister Arthur Mutambara (MDC-M) drew significant criticism when he announced that the coalition government had resolved to divert humanitarian aid, chiefly for paying the salaries of the civil service.

Farm evictions continued to escalate and on 8 April President Mugabe told party stalwarts at Zanu PF headquarters that his land "redistribution" programme was "irreversible". His remarks came in the wake of reports that Tsvangirai was pressing for the end of the agricultural disruptions.

On Stockdale farm in the Chegutu district, a man was murdered, allegedly by farm guards working for Edna Madzongwe, the Senate President, who is occupying the farm illegally. The man was tortured and killed for taking a few oranges from the orchards which belong to the Etheredge family, the legal owners of the farm.

The suffering of farm workers and their families throughout the chaotic land invasions has been immense, devastating the entire sector. Masori Range plantation farm in the Headlands area was "acquired" by the government from commercial farmer Johan Hains. The workers were then bundled into army trucks and dumped 30km away in an area with soils unsuitable for agriculture and without housing or amenities. In stark contrast, senior council officials from the Makoni Rural District Council and politicians are growing rich from timber sales from the farm's plantations.


Zimbabwe Inclusive Government Watch (ZIG Watch) is tracking articles and reports which provide examples of violations of the agreement between Zanu PF and the two Movement for Democratic Change (MDC) Formations signed in Harare on 15 September 2008. This report reflects a small sample of breaches identified through comprehensive logging and monitoring of media articles. Many more breaches are viewable here


Chinamasa ordered prisoner released
Zimbabwe Times, The (ZW): 17/04/2009

MASVINGO – Sources within the Ministry of Justice have indicated that minister Patrick Chinamasa allegedly ordered the recent release of Zanu-PF activist Edmore Hwarare from police custody behind the backs of court officials in Chiredzi and also cautioned prosecutors over the way they had handled the case.

Hwarare, a former Zanu-PF provincial political commissar in Masvingo, was arrested for fraud involving a large quantity of processed sugar worth over US $132 000.

Chinamasa allegedly ordered prison officials to release the self proclaimed chairman of the Zimbabwe Sugar Milling Workers Union after he was remanded in custody. Prosecutors at the Chiredzi magistrate courts promptly boycotted their duties in protest at the irregular handling of Hwarare’s case and what now turns out to have been Chinamasa’s action.

Sources close to the case say Hwarare’s loyalty to Zanu-PF is unquestionable. He is well-known for his generous donations of money and goods at major party functions in Chiredzi and is said to enjoy a special relationship with Chinamasa.

Masvingo area prosecutor Mirirai Shumba said Hwarare was released from custody after the state had failed to launch an appeal against the granting of bail.

Chinamasa refused to comment on the issue on Friday.

  • ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
  • ARTICLE XIII : STATE ORGANS AND INSTITUTIONS

ZANU PF MPs threaten Zimbabwe Finance Minister Biti
Zimbabwe Telegraph, The (ZW): 08/04/2009

There was drama yesterday afternoon at the offices of the Ministry of Finance when Zanu PF MPs stormed the office of Tendai Biti threatening to beat him up as long as the vehicles that were promised by central bank governor Gideon Gono were not handed over to them. They are said to have threatened to seek audience with President Robert Mugabe to cow Biti into giving them their vehicles, arguing they are elected public figures who should be respected accordingly. Sources say Gono whipped up emotions of the Zanu PF MPs to stage a mutiny against his boss Tendai Biti.

  • ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
  • ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
  • ARTICLE XVIII : SECURITY OF PERSONS AND PREVENTION OF VIOLENCE

Chamisa Dismisses Annexing of Ministry's Functions
RadioVOP: 10/04/2009

Information Communication Technology Minister Nelson Chamisa has described the annexing of functions under his ministry and hand over to an expanded Ministry of Transport and Infrastructure Development led by Nicholas Goche as a joke, indicating that President Robert Mugabe does not have the mandate to do so. A Herald newspaper report indicated that President Mugabe had expanded the Ministry of Transport and Infrastructure Development to include the Department of Communications and that the new portfolio would now become the Ministry of Transport, Communication and Infrastructural Development under Minister Nicholas Goche. Chamisa said he was awaiting the decision of Prime Minister Morgan Tsvangirai on the matter.

  • ARTICLE II: DECLARATION OF COMMITMENT
  • ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
  • ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
  • ARTICLE XX : FRAMEWORK FOR A NEW GOVERNMENT

State agents pay intimidatory visits to Mudzingwa and Dhlamini in their hospital beds
Sokwanele.com: 20/04/2009

Chris Dhlamini and Gandhi Mudzingwa were paid a visit in their hospital ward by three of the people instrumental in illegally locking them up in Chikurubi Maximum Security Prison. The three men walked in and walked around but took nothing. They were Detective Chief Inspector Ntini (the boss), Detective Inspector Muchada and Detective Assistant Inspector Mukwaira.

  • ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
  • ARTICLE XIII : STATE ORGANS AND INSTITUTIONS
  • ARTICLE XVIII : SECURITY OF PERSONS AND PREVENTION OF VIOLENCE

Prisons Scandal: Officers Arrested Over SABC Report
Zimbabwe Standard, The (ZW): 04/04/2009

Three prison officers suspected of smuggling investigative reporters from the South African Broadcasting Corporation (SABC)’s Special Assignment programme into Beit Bridge Prison were arrested on Friday. Thabiso Nyathi (35), Siyai Muchechedzi (35) and Thembinkosi Nkomo (28) were arrested in Gwanda. The trio is being charged with breaching the Official Secrets Act. The SABC recently screened the documentary exposing the sorry state of prisoners in the country’s filthy jails, showing sickly inmates who appeared to be deprived of food and medical care. The SABC crew worked with some wardens and officers over three months with cameras smuggled into the prisons. Justice Minister Patrick Chinamasa was quoted as saying the documentary, which shocked many Zimbabweans due to its horrifying pictures of gravely ill inmates, was “a fraud”.

  • ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS

Murder on Stockdale Farm
SW Radio Africa (ZW): 15/04/2009

A man was murdered in Chegutu, allegedly by farm guards working for Edna Madzongwe, the Senate President. A Justice for Agriculture (JAG) spokesperson said the man had been caught stealing oranges at Stockdale Farm, owned by the Etheredge family but taken illegally by Mrs Madzongwe. JAG said the Senate President, who has been an illegal resident at the farm since 5 March, was in residence when the murder took place. It is believed the man was just an ordinary member of the public who probably got hungry. He was taken to the citrus pack shed where he was tortured for most of the night. At around 05:00 he was released by the guards (no police report was made of the theft), and the body was found near the entrance to the farm. A report was made to the Chegutu police and three of Madzongwe’s guards, plus two Stockdale former employees, were picked up by the police and taken to the police station. No arrests have so far been made.

  • ARTICLE III : RESTORATION OF ECONOMIC STABILITY AND GROWTH
  • ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
  • ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
  • ARTICLE XIII : STATE ORGANS AND INSTITUTIONS
  • ARTICLE XVIII : SECURITY OF PERSONS AND PREVENTION OF VIOLENCE

Officials ‘reaping where they did not sow’
Zimbabwe Standard, The (ZW): 18/04/2009

Masori Range plantation farm was acquired by the government from commercial farmer Johan Hains and the farm was later given to Makoni Rural District Council to manage. Without no income, resident farm workers were stranded, and were later bundled into army trucks and dumped 30km away from Headlands at Gudo where loose sandy soils are not suitable for agriculture. But while they are struggling, senior council officials from Makoni Rural District Council and politicians are growing rich from timber sales from the plantation at Masori Range.

  • ARTICLE V: LAND QUESTION
  • ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
  • ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS