Future and potential by-elections The waves of democratic turmoil washed over from June to July with scores of breaches of the GPA being recorded, the majority of which fell into the following categories:

• wanton politically motivated violence, or violence driven by politicians,
• harassment, and deprivation of freedom, of individuals through contrived arrests on spurious charges,
• widespread corruption involving senior public and uniformed figures,
• the deprivation of the right to Freedom of Expression, and the abuse thereof,
• violent, unconstitutional, invasions and seizures of property and farms, and
• deliberate attempts to derail the Constitution-making process.

The month began with a group of journalists returning to court in an effort to make former High Court rulings ‘legally binding’ – calling attention to ZANU PF breaches of GPA articles covering both the rule of law and freedom of expression. The journalists had been barred from covering the COMESA summit on the grounds that they were not accredited by the Media and Information Commission (MIC). This was despite a High Court ruling in June that made it clear that the MIC was defunct, and that journalists were not required to register with it. Party breaches against Article 19 - click to enlarge

Some days later, the principle of freedom of expression was again in the news, but with a mocking twist. The controversial Nathaniel Manheru column, banished by the inclusive government, returned to The Herald’s pages with Zanu PF sources allegedly arguing that banning it infringed the columnist’s rights to free expression. Presumably the same sources are not concerned that its existence breaches the GPA commitments to politically objective news - the affected columnist is none other than Mugabe's press secretary, George Charamba - and to refrain from publishing ‘language that incites hostility’. Charamba predictably used the column to immediately denigrate Morgan Tsvangirai, saying he was “the PM of NGOs”. With this swipe at the PM, he also resuscitated Zanu PF’s age-old anti-NGO thesis. It was a chilling pre-cursor to a speech Mugabe went on to make at the end of July, hinting at trouble to come, when he said: “[NGOs] have exceeded, really, their terms of reference and perhaps we might have to reconsider the advisability of having NGOs’’(VOA, 28 July 2009). Party breaches against Article 11 - click to enlarge The effects of the deeply-ingrained Zanu PF culture of violence were ongoing with numerous attacks on MDC supporters being recorded during the month. For example, an MDC member and election agent during the March 29th 2008 elections was attacked by two known Zanu PF men. It was a reprisal attack, because he had reported their horrific assault on him the previous year to a Human Rights organisation. Teachers in Masvingo were also subjected to vicious reprisal attacks, this time by youth militia who objected to their support of a Progressive Teachers' Union of Zimbabwe (PTUZ) class boycott the previous Friday. In the wake of this, the PTUZ has expressed grave concern about militias who have set up 'terror bases' on school properties across the country; ‘terror bases’ are historically linked to political intimidation and violence. Senior members of the Zanu PF party appeared in the media throughout July for reasons that had nothing to do with efforts to address the crisis that Zimbabwe continues to be in. For example, the co-Minister of Home Affairs, Kembo Mohadi, was implicated in efforts to subvert the rule of law in his favour. This followed an attack by his employees against 11 villagers who were severely beaten with fan belts, sticks, open hands and kicked. The attack was allegedly swept under the rug by the police when Mohadi himself made a police report accusing the villagers of stealing his cattl coming to light only because prosecutors are apparently refusing to handle this case because the villagers were so badly hurt, and have asked the police to investigate further. Emmerson Mnangagwa and Webster Shamu - both implicated in a case involving massive poaching of rhinos - made it into the news when a police docket relating to the two ZANU PF stalwarts mysteriously vanished from Zimbabwe Attorney-general Johannes Tomana's office (Tomana is a self-proclaimed supporter of the Zanu PF party). In addition to this, the police superintendent in charge of the investigations was suddenly transferred from his posting at Bulawayo Central police station to a rural centre in Mashonaland. Not to be outdone by Mnangagwa, Shamu, and Mohadi, Attorney-General Johannes Tomana himself closed the month on a corrupt note by taking over Malangani ranch in Masvingo in the midst of a spree of property acquisitions by senior Zanu PF officials. Fortune Charumbira, the president of the Council of Chiefs, Chivi North Zanu-PF Member of Parliament Tranos Huruva and Chivi Central legislator Munyaradzi Paul Mangwana also acquired properties. Former freedom fighters in the province have since approached Vice-President Joyce Mujuru to intervene. Zanu PF sources said that the outgoing Provincial Governor is doling out the properties to his closest friends before a new Governor takes over. Mid-month, MDC-T MP for Chipinge East, Mathias Mlambo, was suspended from parliament after being sentenced to ten months in prison on "trumped up" charges of public violence – this was despite winning an appeal against his sentence. The Constitution of Zimbabwe says upon the sentencing of a legislator to a jail term of six months or more, "such member shall cease to exercise his functions … and his seat shall become vacant at the expiration of 30 days". Lawyers for Mlambo are lodging a High court appeal against the suspension on the grounds that his appeal victory means he may continue his duties in parliament until the matter is finalised. A main theme of the month was the ongoing arrest and sentencing of MDC-T MPs on spurious charges. MDC-T MP for Chipinge South, Meki Makuyana, was convicted on 'trumped up charges' of kidnapping and sentenced to 18 months in prison with hard labour. This brings to four the number of MDC-T MPs, who have been convicted and sentenced by magistrates on the ZANU PF payroll and who accordingly lost their seats in parliament. A further seven MPs are currently facing charges their party describe as "trumped up" and several others have been arrested and released on spurious grounds. MDC-T describe this as an attempt by Zanu PF to decimate its structures and reverse the party's parliamentary majority. (The map above portrays future and potential by-elections in Zimbabwe, some as a result of these actions). Zanu PF's attempts to derail the ongoing Constitution-making process came into the open when its thugs disrupted the all-stakeholders' conference at the Harare International Conference Centre, hurling abuse at the Speaker of Parliament, Lovemore Moyo, and bringing the proceedings into chaos. Disruptions were led by Zanu PF MPs Saviour Kasukuwere, Patrick Zhuwawo, former MP Nyasha Chikwinya, and war veterans Joseph Chinotimba. Police stood by as the thugs pelted delegates with plastic bottles of water and shouted abuse. An MDC councillor sustained head injuries after he was assaulted by the thugs. The meeting was eventually abandoned. Party breaches by party - click to enlarge

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The volume of articles detailing breaches of the provisions of the Global Political Agreement (GPA) last month was so great that we cannot do them justice in this short document. For further relevant information, readers are encouraged to visit http://www.sokwanele.com/zigwatch

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Journalists in court to make media commission order legally binding SW Radio Africa (ZW): 03/07/2009 Freelance journalists who were barred from covering the COMESA summit recently, applied in the High Court to make a previous court decision legally binding on Minister of Information Webster Shamu and his Permanent Secretary George Charamba,. High Court Justice Bharat Patel ruled in June that the Media and Information Commission (MIC), was defunct and no journalist should be required to register with it. Despite this, the journalists were still barred from covering the COMESA summit, because they were not accredited by the defunct regulatory body.

• ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
• ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
• ARTICLE XVII : LEGISLATIVE AGENDA PRIORITIES
• ARTICLE XIX : FREEDOM OF EXPRESSION AND COMMUNICATION

Hate speech back in state media Zimbabwean, The (ZW): 09/07/2009 The much-reviled Nathaniel Manheru column returned to The Herald's pages after being banished by the inclusive government for "promoting hate speech". The column, written by Mugabe’s press secretary, George Charamba, often gave an insight into government thinking, while vilifying the MDC and anybody who dared think or act independently. Zanu (PF) sources said that there were plans to bring it back on a permanent basis in open defiance to the Joint Monitoring and Implementation Committee, JOMIC, which oversees the implementation of the Global Political Agreement - arguing that banning it would infringe freedom of expression rights of the columnist!

• 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
• ARTICLE XIX : FREEDOM OF EXPRESSION AND COMMUNICATION

Brutality Continues Messages from Zimbabwe: 04/07/2009 In June, 2009 "J" was returning home in Muzarabani, when he was attacked by two known Zanu PF men. "J" was an MDC election agent in that area during the 2008 elections. Soon after the elections he was attacked by the same two men who broke his left arm and two fingers on his right hand, and also destroyed his home. This time they intended to chop off his right hand with an axe. The reason for this attack was that he reported last year's assault to a Human Rights organisation, who has recently served summons on the attackers.

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

ZPF militia crackdown on teachers in wake of class boycott SW Radio Africa (ZW): 13/07/2009 Many teachers in Masvingo were forced to flee their posts after ZANU PF youth militia launched a retributive crackdown on teachers this weekend. The harassment and violent threats come in the wake of a class boycott on Friday. About 200 teachers from Progressive Teachers' Union of Zimbabwe (PTUZ) took to the streets of Masvingo, demonstrating for a review of their US$100 monthly allowances. Some teachers from Masvingo's rural districts are now running scared because of persecution from youth militia. The PTUZ has for several weeks expressed concern about the presence of militias that have set up 'terror' bases on school properties across the country.

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

Rule of law still ignored as Minister implicated in village attack SW Radio Africa (ZW): 20/07/2009 Workers employed by the co-Minister of Home Affairs, Kembo Mohadi, are facing attempted murder charges after severely assaulting 11 villagers earlier this year. Mohadi and villagers from two villages are fighting over ownership of a herd of cattle, which led to the brutal attack of the villagers after they drove the beasts off Mohadi’s homestead, claiming they’d been stolen. Mohadi’s workers descended on the two villages and assaulted 11 villagers with fan belts, sticks, open hands and booted feet, accusing them of stealing the minister’s cattle. The accused also hammered a nail into the upper left arm of one of the complainants. The attack was allegedly swept under the rug when Mohadi himself made a police report accusing the villagers of stealing his cattle.

• 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

MDC outcry as another MP convicted on trumped up charges SW Radio Africa (ZW): 09/07/2009 The MDC MP for Chipinge South, Meki Makuyana, was on Thursday convicted on 'trumped up charges' of kidnapping and sentenced to 18 months in prison with hard labour - 6 months suspended - was taken to prison while his lawyers put together an appeal. This is now 4 MDC-T MP's, who have been convicted and sentenced to jail by magistrates on the ZANU PF payroll. This year alone over 6 MP's from the MDC have faced trumped up charges. An MDC statement said that this is an attempt to decimate its structures and reverse the party's majority in parliament.

• 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 XIII : STATE ORGANS AND INSTITUTIONS

MDC MP Mathias Mlambo suspended from Parliament SW Radio Africa (ZW): 15/07/2009 MDC-T MP for Chipinge East, Mathias Mlambo, has been suspended from parliament after his recent sentencing to 10 months in prison on trumped up charges of public violence. Mlambo's lawyers are to appeal. Section 42 of the Constitution of Zimbabwe says upon the sentencing of a legislator ... to ... a jail term of six months or more, 'such member shall cease ... to exercise his functions ... and his seat shall become vacant at the expiration of 30 days ..... ' Because Mlambo won an appeal against his sentence, he may continue his duties in parliament until the matter is finalised.

• 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 XIII : STATE ORGANS AND INSTITUTIONS

Drama as ZANU PF disrupt all-stakeholders conference in Harare SW Radio Africa (ZW): 13/07/2009 ZANU PF thugs disrupted the all-stakeholders' conference at the Harare International Conference Centre, hurling abuse at the Speaker of Parliament Lovemore Moyo and bringing the proceedings into chaos. Disruptions were led by ZanuPF MPs Saviour Kasukuwere, Patrick Zhuwawo, former MP Nyasha Chikwinya, and war veteran Joseph Chinotimba. Police stood by as ZANU PF thugs pelted delegates with plastic bottles of water and shouted abuse. An MDC councillor sustained head injuries after being assaulted by the thugs. The meeting was eventually abandoned. An MDC statement claimed the Zanu PF-induced chaos was obviously meant to derail a democratic constitution-making process for Zimbabweans.

• ARTICLE II: DECLARATION OF COMMITMENT
• ARTICLE VI : CONSTITUTION
• ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
• ARTICLE VIII : RESPECT FOR NATIONAL INSTITUTIONS AND EVENTS
• 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

Mnangagwa Police docket disappears ZimEye: 13/07/2009 A police docket implicating two ZANU PF stalwarts - Emmerson Mnangagwa and Webster Shamu - has vanished from Zimbabwe Attorney-general Johannes Tomana's office. The police superintendent who was in charge of the investigations was also suddenly immediately transferred from his posting at Bulawayo Central police station to a rural centre in Mashonaland Central. The two high-profile figures had been implicated in massive poaching of rhinos in Zimbabwe's national parks, after the arrest of a Chinese national early this year who was found with six rhino horns, who implicated Mnangagwa and Shamu.

• 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 XIII : STATE ORGANS AND INSTITUTIONS

Tomana takes over ranch in Masvingo Zimbabwe Times, The (ZW): 27/07/2009 Attorney-General Johannes Tomana - a self-confessed Zanu-PF member - has taken over Malangani ranch in Masvingo in the midst of an spree of property acquisitions in the province by senior Zanu-PF officials. Fortune Charumbira, the president of the Council of Chiefs, Chivi North Zanu-PF Member of Parliament Tranos Huruva and Chivi Central legislator Munyaradzi Paul Mangwana have also seized properties. Former freedom fighters in the province are angry over the blatant corruption and have approached Vice-President Joyce Mujuru to intervene to stop the acquisitions. Zanu-PF sources said that the outgoing Provincial Governor is doling out the properties to his closest friends before a new governor takes over.

• ARTICLE III : RESTORATION OF ECONOMIC STABILITY AND GROWTH
• 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