The month of September began with Minister of Justice Patrick Chinamasa (Zanu PF) announcing that Zimbabwe was withdrawing from the SADC Tribunal, and declaring that the Zimbabwe Government would not be bound by decisions made there. Chinamasa's argument justifying his decision has been widely challenged in a range of legal opinions from credible organisations. It is by now widely known that the SADC Tribunal ruled in favour of 79 white commercial farmers, finding that the government's seizure of their farms was racist, unlawful and violated their human rights. Chinamasa's decision to ignore the Tribunal signals contempt for the region's decisions, and indicates that the Zanu PF elements within the inclusive government have no intention of complying with legal and human rights standards set by our African peers.

Unsurprisingly, September saw an increase in land and farming related violations of the GPA, suggesting that those responsible for violent and unlawful behaviour were emboldened by the signal that they would not be held accountable for their crimes in either a local or a regional court. A report released in September illustrated the scale of human devastation caused by the farm invasions: approximately 66,000 farm workers have been left homeless in the wake of farm invasions since February 2009. All too often, it is senior Zanu PF loyalists associated with the crimes, enjoying the protection of people like the Minister of Justice, Patrick Chinamasa, and Attorney General Johannes Tomana.

Notable farming incidents in September alone include the following:

• Ben Freeth, the farmer who initiated the SADC Tribunal case found himself at the centre of a contrived 'arms-cache' plot - after two mysterious explosions were heard on his farm at the start of the month. Nathan Shamuyarira is the Zanu PF heavyweight behind a long campaign of intimidation against the Freeth family.
• Okay Mabhena, a New York-based Zimbabwean employee of the United Nations, broke into the farmhouse of Xanthippe Farm accompanied by his family. The farm is owned by the Jansen family. The Mabhenas carried out their crime in the presence of a member of the police and a government Lands Officer.
• The Deputy Governor of the Reserve Bank, Mr Mashwiringwani, denied Louis Fick access to 4,000 pigs on Fick's Friedewil Farm. Mr Mashwiringani's tactics were a calculated attempt to use animal cruelty to force the farmer to give up more livestock pens. Farm employees working on Friedewil Farm were also beaten by thugs loyal to the Deputy Governor
• Murray Potts was attacked in his mother's farmyard by thirteen thugs. He was beaten twenty-eight times with sticks, resulting in head and arm injuries, and on-going kidney problems. (The attack was filmed and is available to watch via YouTube at this link).
• Brigadier General Justin Itayi Mujaji ignored a court order in September to allow Headlands farmer Charles Lock access to his tobacco and maize crop valued at approximately USD 700,000. The Brigadier apparently threatened to gun Mr Lock down if he entered the farm, and soldiers barred access to the farm in full view of the police.
• Robert Anthony McKersie made his 78th court appearance, on the same charge, in September: "I have been acquitted three times, withdrawn before plea twice, withdrawn before appeal once and I've had a High Court order. Six acquittals altogether and I have been in court for the same issue"

A comprehensive land audit is a key component of the Global Political Agreement: Article5.9.a agrees that the power-sharing parties will "conduct a comprehensive, transparent and non-partisan land audit, during the tenure of the Seventh Parliament of Zimbabwe, for the purpose of establishing accountability and eliminating multiple farm ownerships" (emphasis added). Lands Minister Herbert Murerwa claimed in September that the government was unable to audit the land reform programme due to a shortage of funds.

Robert Mugabe has personally benefitted from the violent land reform programme and his farming empire illustrates the scale of corruption and personal greed at the heart of the Zanu PF policy. The Telegraph newspaper at the end of September identified that Robert Mugabe had built up an empire comprising 10,000 acres of land, made up of five different. SW Radio Africa further revealed that Robert and Grace Mugabe have ten different farms between them. It is not suprising that Mugabe said "The land reform is the best thing (that) could have ever have happened", in a CNN interview in September. The fact that Mugabe - the most elite of the Zanu PF elite - is so steeped in corruption suggests that the land audit will probably be subjected to many more prevarications, excuses and unacceptable delays before the full scale of corruption is revealed.

September also saw Robert Mugabe publically vowing to never fire Attorney General Johannes Tomana or Reserve Bank Governor Gideon Gono: "... there's nothing wrong that they have done" he said. "I have laid down my foot and said no, they will never be. You see, I won't let them go". Tomana himself this month said he would refuse to resign his post, even if it meant the collapse of the Government of National Unity. September offers some clear examples of things Tomana has done wrong, contrary to Mugabe's view of events in the country and not limited to the crimes already detailed so far in this ZIG Issue.

Riot police shot and seriously injured three mine workers at Zvishavane who were part of a strike action towards the end of September. Rather than holding the police accountable (and thus supporting the principles in the GPA which protect the right to freely associate, and also supporting the GPA agreement to make the police aware of the public's right to freely associate) the victims were charged with public violence and had to appear in court in wheelchairs.

The one bright spot in September was the wonderful news that Jestina Mukoko was granted a permanent stay of prosecution. But the fact that those charges existed at all, and the fact she was tortured and persecuted for so long, is another thing that Tomana has 'done wrong'. Its worth noting that we have yet to hear an assurance from Tomana that those responsible for torturing Mukoko will be identified and brought to justice. The fact that the police have done nothing to try and find the seven MDC activists still missing after last year’s abductions stands as yet another serious indictment against Tomana.

The irrational persecution of those who seek to address human rights violations continues under the stewardship of Johannes Tomana and Patrick Chinamasa in spite of the critical ruling that found in favour of Jestina Mukoko. For example, Chris Dhlamini, the MDC Director of Security is wanted by the police in the Law and Order section in relation to a list of names of army personnel that he submitted to Johannes Tomana's office. Rather than seeking to investigate and prosecute the perpetrators of violence, the police under Tomana are pursuing Dhlamini instead. (A list of names of army perpetrators associated with last year's violence can be read at this link).

The public perception that the Zanu PF party is not at all serious about addressing human rights violations or re-establishing non-partisan law and order in Zimbabwe is most heavily highlighted by the news that members of the disbanded Joint Operations Command - now the National Security Council - are said to be holding secret meetings with Robert Mugabe, excluding Morgan Tsvangirai who, under the GPA, is a member of the National Security Council. Analysts have reportedly said that these secretive meetings constitute the worst violation of the Global Political Agreement by the Zanu PF party.

Zanu PF’s struggle to dominate Zimbabwe’s media space continued in September. The state controlled ZimPapers are publishing two new daily newspapers, both launched in September, and both by-passing the licensing requirements that stifle the independent media from doing the same. Journalists at Zimbabwe Broadcasting Holdings also revealed in September that they were being forced to denounce Tsvangirai in their articles, and that they were being instructed - on orders from Webster Shamu and George Charamba (Mugabe's spokesman) - to re-write neutral articles about Tsvangirai and to interview selected members of the Zanu PF party.

September closed with worrying news that cases of cholera had been identified in the Chiredzi area. This news, just before the rainy season, is a disturbing reminder of last' year's health crisis. Equally worrying, is the resurgence of Zanu PF negative propaganda towards NGO and relief agencies that are so critical during these times of crisis. With familiar pugnacity, Mugabe described them as conduits of foreign money used in attempts to overthrow his regime. A day before this declaration by Mugabe, Major-General Martin Chedondo, Army Chief of Staff, warned NGOs to "stick to their core business" or risk the wrath of soldiers.

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

Zimbabwe pulls out of SADC Tribunal
SW Radio Africa (ZW): 02/09/2009

Zimbabwe has pulled out of the SADC Tribunal, claiming the regional court has not been properly constituted and that the country will no longer take part in, or respect, any decisions from the Tribunal. The withdrawal of Zimbabwe from the SADC jurisdiction is a major blow to 79 white commercial farmers who had won their cases in the regional court, blocking the government from acquiring their farms. Justice Minister Patrick Chinamasa said the court did not exist by law and as such Zimbabwe would not appear before it anymore, and neither would the Government be bound by any decisions already made or future ones emanating from there. The Minister further said that the purported application of the provisions of the Protocol on Zimbabwe is a serious violation of international law.

• ARTICLE II: DECLARATION OF COMMITMENT
• 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
• ARTICLE XVIII : SECURITY OF PERSONS AND PREVENTION OF VIOLENCE

New invasions leave 66,000 farmworkers homeless in Zimbabwe
Monsters and Critics: 25/09/2009

Over 66,000 farmworkers in Zimbabwe have been made homeless since February and are fighting for survival following a new spate of invasions of white-owned farms, a farm union said Friday. The report by the General Agriculture and Plantation Workers Union of Zimbabwe (GAPWUZ) claimed the farm's new owners had hired the police to force farmworkers and their families off the land. GAPWUZ said the workers had been laid off by the new farmers - mostly military officials and/or members of President Robert Mugabe's Zanu-PF party - because they were seen as loyal to their previous white bosses and because the new farmers were not engaged in productive farming.

• ARTICLE V: LAND QUESTION
• ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
• ARTICLE XVI : HUMANITARIAN AND FOOD ASSISTANCE
• ARTICLE XVIII : SECURITY OF PERSONS AND PREVENTION OF VIOLENCE

Zimbabwe Farmer In Court For 78th Time
RadioVOP: 27/09/2009

A Zimbabwean farmer will on Monday mark his 78th court appearance, just for continuing farming activities and feeding a starving community that has largely been reliant on his help over the years. “I’m going to court next Monday for my 78th time on exactly the same charge. I have been acquitted three times, withdrawn before plea twice, withdrawn before appeal once and I’ve had a High Court order. Six acquittals altogether and have been in court for the same issue. These court issues don’t seem to be going away despite what we do,” said McKersie. Despite the myriad of charges or court appearances, McKersie has never been convicted on any single charge.

• 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
• ARTICLE XIII : STATE ORGANS AND INSTITUTIONS

Mugabe says he will ‘never’ fire Gono and Tomana
SW Radio Africa (ZW): 24/09/2009

Robert Mugabe has told the Reuters news agency he will ‘never’ replace Reserve Bank governor Gideon Gono and Attorney General Johannes Tomana. Speaking on the sidelines of a United Nations General Assembly meeting in New York Mugabe said he appointed Gono and Tomana long before the power sharing agreement had come into being. "I don't see any reason why they should be discharged and new people found to replace them. And so I have laid down my foot and said no, they will never be. You see, I won't let them go,” he said.

• 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

‘I will not quit’ Says Defiant Tomana
Zimbabwe Standard, The (ZW): 05/09/2009

Attorney-General Johannes Tomana says he will not to resign from his post even if it means the collapse of the inclusive government. Last week Tomana said if the GNU collapses because of the controversy surrounding his appointment it would not be his fault and would not feel guilty. “Politicians are the ones that would have let the nation down. I won’t feel bad. “I am not a politician,” said Tomana. “The nation would have been let down, but not by me.” Tomana referred to the call by MDC to have him fired as “mischief”.

• 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

Shabanie mine shooting victims charged with public violence
SW Radio Africa (ZW): 28/09/2009

Three Shabanie mine workers who were shot and seriously injured by police in Zvishavane on Friday, were dragged to court on Monday and charged with public violence. Taurai Zhou and Simbarashe Mashuku appeared in court in wheelchairs after they sustained gunshot wounds to the legs. Alois Zhou, who was shot in the hand, was able to walk, according to their lawyer Tichaona Chivasa. The three appeared before a Zvishavane magistrate with 10 other workers who were arrested during a peaceful demonstration at the mine complex. They were all charged with public violence and released on $10 bail each. They will be back in court on 21st October.

• ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
• ARTICLE XII : FREEDOM OF ASSEMBLY AND ASSOCIATION
• ARTICLE XVIII : SECURITY OF PERSONS AND PREVENTION OF VIOLENCE

Law and Order hunts for MDC security chief
ZimNet Radio: 24/09/2009

Police details from the Law and Order Section are looking for MDC Director of Security Chris Dhlamini for questioning. Dhlamini last month presented a dossier of murdered MDC victims of violence to the Attorney-General’s Office ... Dhlamini received a call today from an officer from the Law and Order Section advising him to report at the Harare Central Police Station in connection with the dossier submitted to the AG’s Office.

• 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

Private meetings 'worst violation' of GPA
Zimbabwean, The (ZW): 23/09/2009

Instead of setting policies on law and order in the National Security Council, security chiefs are said to be holding private meetings with Robert Mugabe – a situation analysts say is the worst violation of the global political agreement by Zanu (PF). The service chiefs, who are also members of the security council, continue to meet Mugabe privately, seemingly under the disbanded Joint Operations Command. The chiefs are Zimbabwe Defence Forces commander General Constantine Chiwenga, Lieutenant-General Sibanda, Air Marshall Perrence Shiri and Commissioner-General of Police Augustine Chihuri.

• ARTICLE XVIII : SECURITY OF PERSONS AND PREVENTION OF VIOLENCE

Outrage as new state-sponsored daily newspaper hits the streets
SW Radio Africa (ZW): 08/09/2009

Media rights groups, independent newspaper publishers and other observers have reacted with outrage to the release of a new state-sponsored daily paper in Harare, which again highlights the undemocratic and politically skewed media environment in the country. The new daily tabloid, H-Metro, published by the state’s ZimPapers, hit the streets of Harare on Monday. The move has come as a shock to independent newspaper publishers, who are still awaiting the green light from the government to launch dailies to compete with state publications. Media and Information Minister Webster Shamu has insisted H-Metro, being a state owned paper, is exempt from needing a licence, but still managed to contradict himself by insisting that ZimPapers is not state owned.

• 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 XIX : FREEDOM OF EXPRESSION AND COMMUNICATION

Tsvangirai Media-Onslaught Intensifies
RadioVOP: 06/09/2009

The public media has upped its media-onslaught on the Prime Minister, Morgan Tsvangirai with journalists at the state-controlled Zimbabwe Broadcasting Holdings complaining that they are being continuously forced to denounce him ahead of the forthcoming SADC summit in DRC this week. Television and radio producers at ZBC said they were being ordered to re-write scripts that seem to be objective on the Prime Minister, as well as being forced to interview ZANU (PF) officials selected by the editors - acting on orders from the ministry of Information and Publicity which is under the stewardship of President Mugabe’s favorites Webster Shamu, and chief propagandist George Charamba. Prime Minister’s spokesperson James Maridadi said the move by state media is against the spirit of the inclusive government.

• 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 XIX : FREEDOM OF EXPRESSION AND COMMUNICATION

Seven Abducted Zimbabweans Still Missing
RadioVOP: 29/09/2009

Rights group, Zimbabwe Lawyers for Human Rights (ZLHR), disclosed that seven people, who were abducted at the time of the kidnapping of prominent human rights campaigner, Jestina Mukoko, were still missing up to now despite the issuance of several court orders ordering the police and state security agents to produce the abductees. The seven include Gwenzi Kahiya, Lovemore Machokoto, Charles Muza, Ephraim Mabeka, Edmore Vangirayi, Peter Munyanyi, and Graham Matehwa.

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

Relief Agencies Decry Fresh Attacks
Zimbabwe Situation, The (ZW): 26/09/2009

Renewed threats against Non-Governmental Organisations (NGOs) by President Robert Mugabe and the military will scare away relief agencies that are helping the majority of Zimbabweans with food aid, players in the sector have warned. In a tone reminiscent of the threats that preceded the disastrous ban on NGOs ahead of last year’s controversial June 27 run-off election, Mugabe accused the civic groups of being conduits of foreign money used in attempts to overthrow his regime. A day before Mugabe’s threat, Army Chief of Staff Major-General Martin Chedondo had warned NGOs “to stick to their core business” or risk the wrath of the soldiers.

• ARTICLE III : RESTORATION OF ECONOMIC STABILITY AND GROWTH
• ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
• ARTICLE XIII : STATE ORGANS AND INSTITUTIONS
• ARTICLE XVIII : SECURITY OF PERSONS AND PREVENTION OF VIOLENCE