Zimbabwe Inclusive Government Watch: Issue 16

The passage of another month has brought no change in the political stalemate facing the twenty-month old Zimbabwean Global Political Agreement (GPA).

To gain some insight as to why that stalemate still exists, eighty-two news articles from the internet media were captured and catalogued during the month of May. Each article is a unique record of a breach of the terms of the GPA. By categorising articles according to the nature of breach, basic statistics can be drawn from them.

The results speak for themselves. Harassment through the courts of MDC supporters and politicians increased very significantly this month to top the list with fifteen articles (18.3% of the total). Cases of deliberate non-cooperation with GPA partners came in second at fourteen articles (17.1% of the total), while cases of violence, intimidation, hate speech and abductions were third with thirteen articles (15.9% of the total) – of which Zanu-PF were accountable for 92.3%. Cases of corruption came in fourth (12.2% of the total). Summarising just these four most significant categories, Zanu-PF were accountable for 92.3% of breaches of the GPA that were recorded for those four categories. Overall, Zanu-PF were either responsible for, or involved in, 89.0% of all breaches recorded for the GPA for the month of May.

If previously there were any pretence that Zanu-PF were acting in co-operation with their GPA partners, analysis of the breaches of the GPA indicates the exact opposite. There can be no doubt that Zanu-PF are acting on their own agenda, and are deliberately racking up the pressure on the MDCs in any way they can, whilst still denying that they are doing so. On the other hand, the MDC’s seem to still believe that they can salvage something good from the GPA. The people of Zimbabwe live in hope.

This month, harassment through the courts took centre stage. Having “opposition” figures arrested on trivial or trumped-up charges forces the victims to waste valuable time, effort and money, defending themselves in court. However, this month, the police – in their obvious haste to do Zanu-PF’s bidding – made a resounding blunder. They detained Paul Madzore, an MDC-T MP, on allegations that he failed to attend court over (further) allegations that he assaulted police officers in May 2007. Police said Madzore absconded from court on May 27, 2007 after he had committed the alleged offence. To their severe embarrassment, it was revealed that the police were at the time (in 2007), in fact, holding Madzore in Remand Prison on separate trumped-up allegations of bombing police stations!

Still looking at legal harassment, the major story in May was the State’s refusal to accept Roy Bennett’s acquittal on terrorism charges. Bennett’s lawyer Beatrice Mtetwa was served an application by the Attorney General, saying the prosecution will contest the High Court’s acquittal of Bennett. “They say the Judge errored in assessing evidence,” commented Mtetwa. The Attorney General initially accepted the court’s decision, but after criticism by Zanu-PF politicians, he changed his tune. Mtetwa accused the Attorney General of illegally taking Bennett’s passport after discovering that one of the prosecutors had removed the passport two days before the ruling was made.

Deliberate non-cooperation with, or lack of commitment to, the terms of the GPA is another notable point. One article recorded details a remarkable decision by Finance Minister Tendai Biti (and by default, President Mugabe) to appoint a new Board to oversee the Reserve Bank, chaired by none other than Gideon Gono! Biti said the new Board was expected ‘to restore viability, buoyancy, credibility, legitimacy and accountability.’ It is unclear how the Board can restore credibility and legitimacy whilst being chaired by the same individual who raided private corporate foreign currency accounts to fund ZANU PF’s repression in his infamous role as chief financier for the Joint Operations Command during the bloody 2008 elections.

In a further display of lack of commitment to the GPA, President Mugabe attacked his coalition partners, claiming the MDC are “in the same camp as our enemies”. This comment was apparently triggered by the MDC-T’s opposition to the government’s indigenisation programme. Mugabe said MDC-T have remained “stooges and bootlickers of former colonisers.”

Violence this month largely centred around the run up to the constitutional outreach exercise. In Mudzi ZANU PF supporters are intimidating villagers, telling them not to attend meetings unless permitted by the ZANU PF chairperson. They are also being told that during the official outreach programme only representatives chosen by ZANU PF will be allowed to speak – under threat of death, or expulsion from villages.

The “threat” of a new constitution obviously has Zanu-PF seriously worried, as War Veterans leader Jabulani Sibanda is reported to be forcing villagers, traditional leaders and government workers to attend campaign meetings in Manicaland ahead of the constitutional outreach programme “in defence of the country”. Some fear that war veterans, who have traditionally led violent campaigns on behalf of Zanu PF, are mobilising. Sibanda has called the constitution-making process a matter of “life or death”, and accused chiefs and headmen of relaxing while the country is being sold out. “…and during the process … some people will die,” threatened Sibanda

And, just to show how prevalent violence and torture has become in Zimbabwe, two members of gay rights group, Gays and Lesbians of Zimbabwe (GALZ), were finally released on bail after five days in detention. Although the two are charged with relatively minor offences, their lawyer reported that the pair accuse the police of torture and beatings to try and extract information about their organisation’s membership.

Although corruption in Zimbabwe is almost taken for granted, Zanu-PF and their senior supporters continuously reach for new heights. It appears that military commanders are giving permits to Chinese soldiers to work in Marange diamond fields following an “understanding” with Chinese authorities. Army Commander Constantine Chiwenga is believed, with President Mugabe’s approval, to have struck a deal with senior Chinese military officials and suppliers of military hardware like vehicles, guns and bomb materials. Because of relentless squabbles among politicians and interested parties over the diamonds, Chiwenga believes the disciplined Chinese army will be more easily controlled.

Turning to the issue of press freedom, the Zimbabwe Media Commission recently postponed a workshop meant to expedite the licensing of new newspapers, supposedly because of financial problems. It is now expected to take place at month-end, further delaying licensing of new newspapers. Sadly, Commissioners seem to have some difficulty in understanding the seriousness of the lack of press freedom in the country. Perhaps they have become too accustomed to what constitutes “the norm” in Zimbabwe?

Moving on to what is probably the most controversial event of the month, Robert Mugabe unilaterally appointed a new Supreme Court judge and four High Court judges – without informing his MDC partners in government. Mugabe also promoted retired Brigadier General Chiweshe as the new High Court Judge President. Chiweshe chaired the discredited Zimbabwe Electoral Commission that kept Mugabe in power in the 2008 elections.

Lastly, defying both law and logic, police in the Inyathi area of Matabeleland have been evicting and arresting white farmers who are known to have formal written authority (from the High Court) to remain on their farms. Police arrested two farmers (one of whom is no longer resident on his farm), and drove off staff from a third farm. The two farmers are to be taken to court in Bulawayo on 27th May. How the Magistrate is to override the ruling of the superior High Court remains to be seen.

Police in Harare were left looking stupid after detaining Paul Madzore, an MDC-T MP for more than two hours at Harare Central Police Station on allegations that he failed to attend court over allegations he assaulted police officers in May 2007. Police said Madzore absconded from court on May 27, 2007 after he had committed the offence. To their embarrassment, it was revealed that they were at the time, in fact, holding Madzore at Harare Remand Prison on separate allegations of bombing police stations. It was further made known to them that the assault charges had, in fact, been dismissed.

• 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

State Plans to Appeal Bennett Acquittal and Has Confiscated His Passport
SW Radio Africa: 12/05/2010

On Wednesday Roy Bennett’s lawyer Beatrice Mtetwa was served an application by the Attorney General’s Office, saying the prosecution will contest the reasoning of High Court Judge Chinembiri Bhunu’s, acquittal of Bennett. “They say the Judge errored in assessing evidence,” commented Mtetwa. The Attorney General initially accepted the court’s decision as binding. However, after ZANU PF politicians criticised the judgement, he changed his tune.

• 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

Gono to Chair New Reserve Bank Board
SW Radio Africa: 05/05/2010

Finance Minister Tendai Biti announced a new Board, chaired by Gideon Gono, to oversee the Reserve Bank. Biti said the new Board was expected ‘to restore viability, buoyancy, credibility, legitimacy and accountability.’ It was unclear how the Board would restore credibility and legitimacy, being chaired by the same individual who raided private corporate foreign currency accounts to fund ZANU PF’s repression. Under Gono the bank printed huge amounts of Zimbabwe Dollars and engaged in many activities outside the Bank’s jurisdiction. Gono’s most notorious role was chief financier for the Joint Operations Command which was responsible for Operation “where did you vote?” in which over 500 opposition supporters were killed and tens of thousands tortured for voting MDC, in March 2008.

• ARTICLE II: DECLARATION OF COMMITMENT
• ARTICLE III : RESTORATION OF ECONOMIC STABILITY AND GROWTH
• ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY

Mugabe: MDC in Same Camp as Our Enemies
NewZimbabwe.com: 19/05/2010

President Mugabe has attacked his coalition partners, claiming the MDC are “in the same camp as the enemies of the people”. Not since agreeing to share power with the MDC has Mugabe made such comments. Mugabe’s outburst appeared to be triggered by the MDC-T’s opposition to the government’s indigenisation programme. Mugabe said “while Zanu PF continued to defend the peoples’ sovereignty and rights against colonisers and imperialists, the MDC-T had remained stooges and bootlickers of former colonisers,” according to the Zanu PF mouthpiece, The People’s Voice.

• ARTICLE II: DECLARATION OF COMMITMENT
• ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY

ZANU PF Terror Campaign in Mudzi & Muzarabani
SW Radio Africa: 12/05/2010

In Mudzi ZANU PF supporters are harassing and intimidating villagers, ahead of a constitutional outreach exercise. Villagers have reported ZANU PF thugs going around ordering villagers not to attend meetings unless they are sanctioned by Tafirenyika Nyune, ZANU PF chairperson for Mudzi. Villagers were also told that during the official outreach programme only representatives chosen by ZANU PF will be allowed to speak. ZANU PF is campaigning for the Kariba draft constitution that seeks to keep the excessive powers of the President intact. ‘We are being threatened with death or expulsion from villages if we speak during the meetings,’ said one villager.

• ARTICLE II: DECLARATION OF COMMITMENT
• ARTICLE VI : CONSTITUTION
• 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

Violence Fears as War Vets Mobilise Against Constitution
The Zimbabwe Independent: 13/05/2010

War veterans leader Jabulani Sibanda is forcing villagers, traditional leaders and government workers to attend campaign meetings in Manicaland ahead of the constitutional outreach programme in “defence of the country”. Some fear that war veterans, who have traditionally led violent campaigns on behalf of Zanu PF, could be mobilising. At a meeting, Sibanda threatened that the constitution-making process was a matter of “life or death” for President Robert Mugabe’s party, and accused chiefs and headman of relaxing while the country was being sold out. “… this country is going to be defended and during the process … some people will die and some people will run, ” threatened Sibanda.

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

Gay Rights Pair Finally Released On Bail
SW Radio Africa: 27/05/2010

Two members of gay rights group Gays and Lesbians of Zimbabwe were finally released on bail. Ellen Chademana and Ignatius Muhambi, facing charges of ‘insulting the office of the President’ and allegedly possessing ‘pornographic material’ are back in court on June 10th. Their Lawyer said that Chademana and Muhambi accuse the police of torture and beatings to try and extract information about their organisation’s membership. Police say they confiscated images and a booklet that are obscene, but defence lawyers said police have failed to provide a comprehensive list of all that they claim to have confiscated from the GALZ offices’.

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

Chinese Soldiers Hired to Mine Marange Diamonds
ZimDiaspora: 10/05/2010

Zimbabwean military commanders are secretly giving permits to Chinese soldiers to work in the Marange diamond fields following a secretive memorandum of understanding with Chinese authorities, reporters say. Army Commander Constantine Chiwenga is believed, with President Mugabe’s approval, to have struck a deal with senior Chinese military officials and suppliers of military hardware like vehicles, guns and bomb materials. The idea stems from relentless squabbles among politicians and interested parties over the Marange diamonds. General Chiwenga believes that with the disciplined Chinese army, mined diamonds will be easily controlled for his benefit and those close to President Mugabe.

• ARTICLE II: DECLARATION OF COMMITMENT
• 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

Further Delays to Media Licensing
The Zimbabwe Standard: 15/05/2010

The Zimbabwe Media Commission last week postponed a workshop to expedite the licensing of new newspapers because of financial problems amid reports of disagreement on who to hire as resource persons. This will further delay licensing of new newspapers. It is now expected to take place at the end of the month. The commission had intended to hold a board meeting during the workshop to look into applications by mass media houses wishing to start new papers. Sources said commissioners were “deeply divided” over resource persons, with commissioners linked to Zanu PF pushing to have Media, Information and Publicity minister Webster Shamu, his permanent secretary George Charamba and Attorney-General Johannes Tomana as some of the facilitators.

• ARTICLE II: DECLARATION OF COMMITMENT
• ARTICLE XIII : STATE ORGANS AND INSTITUTIONS
• ARTICLE XIX : FREEDOM OF EXPRESSION AND COMMUNICATION

Mugabe Unilaterally Appoints Judges as MDC Cry Foul
SW Radio Africa: 21/05/2010

Robert Mugabe this week appointed a new Supreme Court judge and four High Court judges, without informing his MDC partners in government. Mugabe also promoted Retired Brigadier General Chiweshe as the new High Court Judge President. Chiweshe chaired the discredited Zimbabwe Electoral Commission that kept Mugabe in power in 2008 by withholding election results for a month while massaging the figures. Outgoing High Court Judge President Rita Makarau was moved to the Supreme Court, while Nicholas Mathonsi, Andrew Mutema and Garainesu Mawadze, become High Court Judges. MDC-T reacted angrily, saying Prime Minister Tsvangirai had not been consulted.

• ARTICLE II: DECLARATION OF COMMITMENT
• ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
• ARTICLE XX : FRAMEWORK FOR A NEW GOVERNMENT

Ongoing Illegal Evictions of Farmers at Inyathi
The Zimbabwean: 27/05/2010

On 25th May police arrested two white farmers, and drove off staff from a third farm in the Inyathi district of Matabeleland. At Oscardale Farm they arrested Goff Carbutt for “being in illegal occupation of state land” despite a High Court order allowing him to reside on a portion of the farm. His wife and elderly parents were evicted from their home at gunpoint. Goff, havng recently had a kidney transplant, had to sleep on the concrete floor of the Inyathi police cells for two nights. At the vacant home of Ed Grenfell-Dexter of Riverside and Riverbank farms, police convinced a watchman to lure Mr. Dexter out from Bulawayo where he now lives. He too was arrested and detained in Inyathi police cells, charged with the same offence, despite him not being resident on the farm. They then went to Mike Huckle’s Felton farm and broke in to the house where staff reside, giving them one hour to vacate the farm. Huckle is resident in South Africa and has a Court order allowing him to keep the remainder of the farm. The two farmers are to be taken to court in Bulawayo today 27th May. How the Magistrate is to override the ruling of the superior High Court remains to be seen.

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

This entry was posted by Sokwanele2 on Tuesday, June 22nd, 2010 at 11:51 am. You can follow any comments on this entry through the RSS 2.0 feed. Both comments and pings are currently closed.