Zimbabwe Inclusive Government Watch: Issue 20
October 21st, 2010
Twenty four torturous months have passed since the signing of the Zimbabwean Global Political Agreement (GPA). Tensions between the GPA Principals continue to rise at an increasing rate, and the stage seems set for more acrimony unless arbitration by the SADC facilitators is stepped up to a realistic level.
As usual we turn to an analysis of the facts to hand in order to get a clearer picture of this chaotic situation. Over the month of September, a record number of one hundred and twelve news articles from the internet media were captured and catalogued (in itself an indication of growing malaise). Each article is a unique record of a breach of the terms of the GPA. Categorising these articles according to the nature of breach, allows one to draw basic statistics from them.
The results clearly show the deplorable state of the GPA. Cases of violence, intimidation, hate speech and abductions came in a clear first with 21 articles (18.8% of total). Cases of corruption, or efforts to entrench corrupt practices, came in second, with 18 articles (16.1% of the total). This month saw the Constitutional Outreach program winding down, but attempts to derail the exercise still weighed in as the third-highest breach with 16 articles (14.3% of the total). Of note again this month is the fact that, of all breaches recorded against the Outreach exercise, the percentage of those breaches involving violence, intimidation, hate speech or abductions rose from 68% to 75%! Summarising just these three most significant categories, Zanu-PF were accountable for 98.2% of breaches of the GPA that were recorded for these categories alone. Overall, Zanu-PF were either responsible for, or involved in, 60.7% of all breaches recorded for the GPA for the month of September. Another significant result sowed cases of harassment through the courts of MDC supporters and politicians, coming in fourth with 15 articles (13.4% of the total).
There is little that is clear or straightforward about the current Zimbabwean political situation apart from the fact that Robert Mugabe and Zanu-PF are all but waging ‘war’ against their perceived ‘opposition’ – their GPA partners and indeed, the ordinary Zimbabwean ‘man on the street’. This is being clearly documented on a daily basis through the local and international press. Meanwhile, the SADC – who have underwritten the implementation of the GPA process with the lead of South African President Jacob Zuma – have sat virtually silent on the sidelines. There seems to be little consensus amongst the international community on how to handle the Zimbabwean situation, consequently their approach is slow and indecisive. And our Zimbabwean man on the street? He just tightens his belt a bit tighter around his empty stomach, and looks for the next port in the political storm that is his Zimbabwe.
Clearly showing the effect of Zanu-PF’s continuous and brutal violence this month, the Governor of Matabeleland South summoned leaders from all political parties and civic groups and appealed to donors for food supplies. She lamented that 300,000 villagers in four districts urgently need food supplies, but are getting no assistance from donors. Villagers say organizations that usually provide food have left the area due to interference by Zanu-PF officials – lead by Andrew Langa, the Zanu-PF chairman for Matabeleland South – and his violent thugs.
In a move that shows growing paranoia in the highest ranks of Zanu-PF, security forces and secret service agents have this month been deployed in the Matabeleland Provinces in an ‘undeclared State of emergency’ which is geared to suppress inclusion of devolution of power in the new constitution reform process, say GPA sources. With the re-emergence of ZAPU led by Dumiso Dabengwa, a fragile peace pact that has existed for years is now under threat. Armed soldiers and police are making patrols and road blocks in towns and on highways. Helicopters and jet fighters have been seen in both Matabeland provinces, as have heavy artillery and military vehicles.
And, showing further unease in their highest ranks, Zanu-PF is raising the stakes in their election strategy. Defence Minister Emmerson Mnangagwa, Professor Jonathan Moyo and War Veterans leader Jabulani Sibanda, are allegedly said to be planning a “genocide” across Mashonaland, Manicaland and Masvingo to precede the constitutional referendum and general elections scheduled for next year. Bases are already set up in Masvingo, using Zimbabwe National Army’s 4 Brigade barracks. Moyo’s plan allegedly has hundreds of unemployed youths undergoing training for imminent deployment countrywide for an unprecedented wave of violent attacks on MDC supporters, and formation of no-go-areas to Zanu-PF’s opponents.
The spread of corruption at the very highest levels continues unabated, as Zanu-PF seek to entrench themselves financially. The High Court has cancelled the mining licence of the legal owners of the Chiadzwa diamond claim, African Consolidated Resources (ACR). The Court rescinded a judgement it made last year which had confirmed ACR’s rights to the Chiadzwa claim. Mining operations have continued, in contempt of the High Court’s 2009 ruling and another ruling from the Supreme Court, which ordered all mining activities to cease, until the ownership fight was concluded.
Meanwhile, Finance Minister Tendai Biti said government was divided over the Reserve Bank of Zimbabwe (RBZ) debt, as he continued his demands for accountability. The proposed debt settlement plan had split cabinet, with some ministers against efforts to account for how the debt was accumulated – clearly to hide past corrupt practices. The issue has been highly politicised in cabinet, as there are some who feel that government should take over the debt without asking any questions – something to which Biti is totally opposed.
Turning to the Constitutional Outreach exercise, Prime Minister Morgan Tsvangirai has indicated that a new constitution is likely to be a negotiated document between the GPA partners, and not the people-driven exercise that was supposedly promised. Sadly Tsvangirai – like too many politicians in Zimbabwe – still does not see that from the outset the exercise has been directed and controlled by politicians. To be truly a people’s Constitution the exercise should have been run by a specially constituted independent commission. Finally telling it like it is, Tsvangirai lamented “It has to be ultimately a negotiated settlement.”
Legal harassment of politicians opposed to Zanu-PF took on an innovative twist this month when a Harare High Court judge chose to sue MDC-T Treasurer Roy Bennett for $1 million over remarks allegedly made during a trial that ended in May. Bennett was acquitted of all charges after an eight-month trial. Judge Chinembiri Bhunu, who presided over the case, is suing Bennett for making statements to international media that he would be denied justice because Judge Bhunu was “compromised” by being a beneficiary of a white-owned farm.
Presidential Affairs Minister Didymus Mutasa took the opportunity to state Zanu-PF’s true thinking when he said that they would never hand over power to MDC-T leader Morgan Tsvangirai, even if he wins new elections. ‘He will never rule this country. Never ever! … He will only do so over our dead bodies. If we go to the polls and he defeats Mugabe, Zanu-PF and the people of Zimbabwe will not allow that,’ Mutasa said. MDC-T spokesman Nelson Chamisa said Mutasa’s statement was treasonable to even suggest the people’s will could just be discarded.
Once again showing Zanu-PF’s contempt for the rights of all Zimbabweans, Justice and Legal Affairs Minister Patrick Chinamasa clearly attempted to subvert the course of justice when he announced that the Human Rights Commission, whose bill he has just finished drafting, will not have powers to investigate human rights violations that were committed before the formation of the inclusive government. “This commission will not have powers to investigate human rights violations … before the enactment of the amendment number 19, unless such violations have continued after the amendment 19,” he told journalists.
Lastly, we end off with a twist to the restriction of Freedom of Expression in Zimbabwe, in which the state media has fallen foul of law enforcement agents, with a number of editors being dragged to court by the police. Chronicle Editor Innocent Gore was on Tuesday summoned by detectives from the Law and Order section for questioning over a story showing police in a bad light. He is to be charged with contravening the Access to Information and Protection of Privacy Act (AIPPA). Another state editor, Brezhnev Malaba of the Sunday Mail, is also facing criminal charges alleging reporting of falsehoods.
A summary of breaches mentioned in this mailing appear below. Further information, with links to original sources for all cases logged, are available online. Please visit www.sokwanele.com/zigwatch for counts and tallies of ongoing breaches of the Global Political Agreement.
No food aid in Matabeleland South due to ZANU PF violence
SW Radio Africa (ZW): 03/09/2010
The Governor of Matabeleland South says that 300,000 villagers in four districts urgently need food supplies, but are getting no assistance from donors. Villagers say organizations that usually provide them with food left the area, due to interference by ZANU PF officials and their violent thugs. Last week the provincial governor, Angeline Masuku, summoned leaders from all political parties and civic groups and made an urgent appeal to donors for food supplies. Local villagers point to Andrew Langa, the ZANU-PF chairman for Matabeleland South, as being to blame for a violent ZANU PF campaign against the MDC and any perceived supporters Langa claims that aid agencies pulled out “for reasons only known to themselves”.
- ARTICLE II: DECLARATION OF COMMITMENT
- ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
- ARTICLE X : FREE POLITICAL ACTIVITY
- 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
New Constitution – Security forces lay siege in Matabeleland to suppress
Zimbabwe Mail, The (ZW): 29/09/2010
Zimbabwean armed security forces and secret services agents have been deployed in the Matabeleland Provinces in an “undeclared State of emergency” geared to suppress inclusion of devolution of power in the new constitution reform process under way, say sources in the coalition government. With the re-emergence of ZAPU led by Dumiso Dabengwa, the political dynamics have changed and a fragile peace pact that has existed for years is now under threat. Armed soldiers and police are making their presence felt by unusual patrols and road blocks in towns and on highways. Armed helicopters and Airforce jet fighters have been seen in both Matabeland North and South Provinces. Heavy artillery military vehicles have been seen in the streets.
- ARTICLE II: DECLARATION OF COMMITMENT
- ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
- ARTICLE X : FREE POLITICAL ACTIVITY
- ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
- ARTICLE XIII : STATE ORGANS AND INSTITUTIONS
Mnangagwa, Moyo and Jabulani Sibanda in genocide plot
Zimbabwe Mail, The (ZW): 28/09/2010
Defence Minister Emmerson Mnangagwa’s chief strategists in Zanu PF succession plots, Professor Jonathan Moyo and War Veterans leader Jabulani Sibanda, are planning a massive genocide across Mashonaland, Manicaland and Masvingo Provinces in the run up to the proposed new constitution referendum and general elections scheduled for next year. The trio have already set up bases in Masvingo, using Zimbabwe National Army’s 4 Brigade barracks for logistical support and training facilities. The plan, authored by Moyo, has hundreds of unemployed youths undergoing training at the army camp and they will soon be deployed across the country for an unprecedented wave of violent attacks on Movement for Democratic Change supporters, and make no-go-areas to Robert Mugabe’s opponents.
- ARTICLE II: DECLARATION OF COMMITMENT
- ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
- ARTICLE X : FREE POLITICAL ACTIVITY
- 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
High Court cancels ACR mining licence
SW Radio Africa (ZW): 07/09/2010
The High Court has cancelled the mining licence of the legal owners of the Chiadzwa diamond claim, African Consolidated Resources (ACR). The Court rescinded a judgement it made last year which had confirmed ACR’s rights to the Chiadzwa claim. In September 2009, High Court judge Charles Hungwe ruled that the title belonged to ACR, after it was forced off the site at gunpoint in 2006. Mining operations have continued, in contempt of the High Court’s 2009 ruling and another ruling from the Supreme Court, which ordered all mining activities to cease, until the ownership fight was concluded. ACR’s chief executive Andrew Cranswick said on Tuesday that they will be appealing this latest High Court decision.
- 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
- ARTICLE XIII : STATE ORGANS AND INSTITUTIONS
Reserve Bank debt tears govt apart
Zimbabwe Independent, The (ZW): 09/09/2010
Finance Minister Tendai Biti says government was divided on how to handle the Reserve Bank of Zimbabwe (RBZ) debt, adding he was demanding accountability before a settlement plan is executed. He said the proposed RBZ debt settlement plan had torn cabinet apart, with some ministers against efforts to account for how the debt was accumulated. Biti says that the issue of RBZ debt has been seriously politicised in cabinet. “The politicisation has been that there are some who feel that government should take over this debt without asking any questions. But more importantly, this is where there will be a fight and it’s a matter of principle for me that no one can force me to change,” said Biti.
- ARTICLE II: DECLARATION OF COMMITMENT
- ARTICLE III : RESTORATION OF ECONOMIC STABILITY AND GROWTH
- ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
- ARTICLE XIII : STATE ORGANS AND INSTITUTIONS
‘Negotiated’ constitution on the cards as outreach process fails
SW Radio Africa (ZW): 27/09/2010
Prime Minister Morgan Tsvangirai has indicated that a new constitution is likely to be a negotiated document between the three parties in the coalition government, and not the people driven exercise that was originally promised. Tsvangirai was speaking at an accountability conference on Monday where he lamented that the process has been marred by widespread political violence by ZANU PF members. The process was altogether suspended in Harare recently because of intimidation of MDC supporters and the violence. “The process was to ensure that all Zimbabweans give views but unfortunately the politicians took a partisan position and hence violence ensued,” said Tsvangirai. “It has to be ultimately a negotiated settlement.”
- ARTICLE VI : CONSTITUTION
- ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
- ARTICLE VIII : RESPECT FOR NATIONAL INSTITUTIONS AND EVENTS
Zimbabwe Judge Sues MDC Party Leader for $1 Million
VOANews (USA): 28/09/2010
A Harare High Court judge is suing an MDC-T leader for $1 million for remarks allegedly made during a trial that ended in May. MDC-T Treasurer Roy Bennett was arrested when he returned to Harare from exile to join Zimbabwe’s unity government in February 2009. He was arrested on weapons charges and accusations he had plotted to kill President Robert Mugabe. Bennett was acquitted of the charges after an eight-month trial. Judge Chinembiri Bhunu, who presided over the case, is suing Bennett, accusing him of making critical statements to the international media that he would be denied justice because Judge Bhunu is “compromised” by being a beneficiary of a white-owned farm.
- ARTICLE II: DECLARATION OF COMMITMENT
- ARTICLE VII : PROMOTION OF EQUALITY, NATIONAL HEALING, COHESION AND UNITY
- ARTICLE XIII : STATE ORGANS AND INSTITUTIONS
Didymus Mutasa vows Tsvangirai will never be President of Zimbabwe
SW Radio Africa (ZW): 16/09/2010
ZANU PF will never handover power to MDC leader Morgan Tsvangirai, even if he wins next year’s elections, Presidential Affairs Minister Didymus Mutasa said. ‘Who is Tsvangirai? He will never rule this country. Never ever! How can we let the country be ruled by sell-outs? He will only do so over our dead bodies. If we go to the polls and he defeats Mugabe, ZANU PF and the people of Zimbabwe will not allow that,’ Mutasa was quoted as saying at an agricultural field day. Commenting on Mutasa’s outburst MDC-T spokesman Nelson Chamisa said the statement was treasonable to even suggest the people’s will could just be discarded.
- ARTICLE II: DECLARATION OF COMMITMENT
- 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 XIII : STATE ORGANS AND INSTITUTIONS
- ARTICLE XIX : FREEDOM OF EXPRESSION AND COMMUNICATION
New Zim Rights Body Will Not Delve Into The Past
RadioVOP: 4/09/2010
Justice and Legal Affairs Minister Patrick Chinamasa announced that the Human Rights Commission, whose bill he has just finished drafting, will not have powers to investigate human rights violations that were committed before the formation of the inclusive government. “When the commission …. arrives at a decision that there is human rights violations, they have the first option to apply to the High Court for the enforcement of that decision. ….. or write a report to the Head of State that ‘may’ enforce their decision. “This commission will not have powers to investigate human rights violations …. before the enactment of the amendment number 19, unless such violations have continued after the amendment 19. …,“ he told journalists.
- ARTICLE II: DECLARATION OF COMMITMENT
- ARTICLE XI : RULE OF LAW, RESPECT FOR THE CONSTITUTION AND OTHER LAWS
- ARTICLE XIII : STATE ORGANS AND INSTITUTIONS
- ARTICLE XVII : LEGISLATIVE AGENDA PRIORITIES
State Editors Taste AIPPA
RadioVOP: 15/09/2010
The state media has come under fire from law enforcement agents with a number of editors being dragged to court by the police. Chronicle Editor Innocent Gore was on Tuesday summoned by detectives from the Law and Order section for questioning over a story in which a Nkulumane man alleged that two people suspected to be police officers attempted to rob him. Gore, the detectives said, is to be charged with contravening Section 80 (1) (a) of the Access to Information and Protection of Privacy Act (AIPPA). Another state editor, Brezhnev Malaba of the Sunday Mail, also has a pending court case after police filed criminal charges alleging falsehood reporting over a case involving missing maize from GMB.
- 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
- ARTICLE XIX : FREEDOM OF EXPRESSION AND COMMUNICATION
