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Ex-Zanu-PF trio sued over legal costs

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Temba Mliswa

Temba Mliswa

Daniel Nemukuyu Senior Court Reporter
FIGHTING the ruling Zanu-PF in court has proved costly for three politicians who were fired from the revolutionary party after their lawyers turned against them and dragged them to the High Court over unpaid legal fees to the tune of $25 000.

Rugare Eleck Ngidi Gumbo and Dydmus Mutasa, who are now with a new political outfit Zimbabwe People First, together with Youth Advocacy for Reform and Democracy leader Temba Mliswa made headlines between 2015 and early this year for frequenting the High Court with suits against the revolutionary party.

The trio was last year expelled from Zanu-PF for allegedly trying to topple President Mugabe.

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For the legal suits, the highly litigious trio enjoyed the services of Nyakutombwa, Mugabe Legal Counsel when they did not have the capacity to pay the law firm.

Didymus Mutasa

Didymus Mutasa

Nyakutombwa, Mugabe Legal Counsel raised a bill for all the services rendered but the three failed to pay.

After unsuccessfully trying all the avenues to recover the debt, the law firm has issued summons at the High Court claiming the outstanding $25 000 from the politicians.

When the three were expelled from Zanu-PF last year, they approached the law firm seeking legal services.

“As a result of their expulsion, they approached the plaintiff and retained the plaintiff for the provision of several legal services related to their expulsion from the aforesaid political party.

“The services included challenging the aforesaid expulsion and seeking the enforcement of certain constitutional rights,” reads part of the plaintiff’s declaration.

Rugare Gumbo

Rugare Gumbo

In coming up with the bill, the law firm charged the trio for all opted services rendered and for all court attendances in terms of the Law Society of Zimbabwe General Tariff of 2011.

No guarantee of success was given nor was failure of the cases a basis for non-payment of the due fees, the lawyers argued.

The trio lost all their cases at the High Court and the Supreme Court and became evasive in terms of settling the legal bill.

Mutasa and Gumbo were represented in a High Court case in which they were contesting expulsion from Zanu-PF under HC1914 and they left a balance of $2 950.

The lawyers are also claiming $5 181 from Mutasa and Mliswa for legal services rendered while they were pursuing another case at the Constitutional Court registered under CCZ 10/15.

Mutasa is being separately sued $1 380 for services in a case he required spoliation order against the Office of the President and Cabinet.

Mutasa and Mliswa were also charged $12 463 in another constitutional challenge filed under CCZ 9/15 at the Constitutional Court.

The law firm is also claiming $4 945 from Mutasa for representing him in a case he was fighting the Constituency Elections Office.

The lawyers want the trio to pay costs of the suit and to be obliged to pay interest on the total figures owed at the rate of 5 percent per annum calculated from the date of issuance of the summons to the date of payment in full.

In one of the cases in which Mutasa and Gumbo were contesting expulsion at the High Court, the duo chickened out on March 30 this year.

The court ordered the duo to pay legal costs incurred by Zanu-PF and President Mugabe in defending the aborted court application.


Zim, China relations hailed

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Minister Bimha

Minister Bimha

Elita Chikwati Senior Reporter
THE friendship between Zimbabwe and China has benefited the two countries economically and politically.

Acting Foreign Affairs Minister Cde Mike Bimha said this at the celebrations of the 67th anniversary of the founding of China at the Chinese Embassy in Harare last Friday.

The function was attended by senior Government officials, including Finance and Economic Development Minister Cde Patrick Chinamasa; Minister of Information, Media and Broadcasting Services Dr Christopher Mushohwe; Mines and Mining Development Minister Walter Chidhakwa; Information Communication Technology Postal and Courier Services Supa Mandiwanzira; and Women Affairs, Gender and Community Development Deputy Minister Abigail Damasane, diplomats and the Chinese community among others.

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Minister Bimha congratulated China and said Zimbabwe also celebrated the excellent bilateral relations between the two nations.

“China has been an ally of Zimbabwe since the days of our liberation struggle and this friendship has continued to deepen to the post-independence era.

“Our relations have spurred to new heights over the past few years as reflected in the broader range areas with which we cooperate both politically and economically,” he said.

He said the various agreements that were signed during the high-level exchange visits by the Chinese head of State Xi Jinping and President Mugabe had contributed immensely towards the socio-economic transformation of Zimbabwe.

“We greatly appreciate the assistance that China has extended to Zimbabwe in the form of human capacity training programmes, technological transfer, infrastructural development and humanitarian assistance. We are most grateful for China’s assistance in our time of need.

“Only last week we received first batch of the 20 000 tonnes of rice which China donated to Zimbabwe to mitigate the effects of El Nino-induced drought,” he said.

He said Zimbabwe looked forward to continue working with China to further expand and consolidate the multi-faceted relations between the two countries.

Chinese Ambassador to Zimbabwe Mr Huang Ping said he cherished and appreciated Zimbabwe’s staunch support for Chinese international and regional affairs.

He said the China-Zimbabwe friendship was bearing fruits in every front including political, economic, cultural and educational.

Most of the big projects in Zimbabwe such as the expansion of Kariba South Hydro Power Station, Victoria Falls International Airport, NetOne and TelOne communications projects are being implemented by Chinese companies and financed by Chinese banks.

Ambassador Ping said Chinese investments in Zimbabwe had contributed a lot to the social and economic development of Zimbabwe.

“For example, TianZe Company that contracts farmers to procure tobacco has only seven Chinese employees, while it directly and indirectly provides more than 26 000 job opportunities to the local Zimbabwean people.

“As long as we persevere to the end and never give up, we will overcome difficulties and open up new prospects. I am convinced that through our joint efforts, China and Zimbabwe will embrace an even brighter future. China-Zimbabwe relations will be closer and stronger every day,” he said.

China became independent in 1949 and has become the world’s second largest economy with a GDP of $10,42 trillion in 2015.

This is almost 200-fold that of 1979.

China has actively integrated itself with the world and made outstanding contributions to world peace and pros- perity.

CPU embarks on floods campaign

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Elita Chikwati Senior Reporter
The Civil Protection Unit has started carrying out awareness campaigns to educate people in flood-prone areas on disaster preparedness and management.

Normal to above normal rains are expected during the 2016-17 season and some areas are likely to experience flooding.

The high-risk flood areas are Mbire, Centenary, Kariba, Gokwe North, Beitbridge, Tsholotsho, Chiredzi, Mwenezi, Chipinge and Nyanga.

CPU acting director Ms Sibusisiwe Ndlovu yesterday said the unit had started carrying out public awareness programmes at community level for high risk areas in the respective districts and awareness programmes for the generality of the population through radio and television.

“The flood problem is well defined and understood. Floodplain management framework is being developed to enhance mitigation. Early warning systems are well developed and a flood response manual is in place.

“We have some non-food items in stock, we collaborate with partners and other stakeholders as necessary. Continual resource mobilisation is ongoing and declaration of state of disaster may be recommended depending on magnitude,” she said.

Ms Ndlovu said CPU would soon hold workshops and prepare structures for highly risk districts of Mbire, Centenary, Kariba, Gokwe North, Beitbridge, Tsholotsho, Chiredzi, Mwenezi, Chipinge, Nyanga, Chimanimani to ensure readiness for hazard impacts related to the rainfall season.

She said the workshop would cover rainfall-related hazards such as, flooding, cyclones, tropical depression, thunderstorms, hailstorms, lightning and strong winds among others.

Other issues to be covered at the workshops also include related disease outbreaks or and threats and other hazards.

Six apostolic sect members die in crash

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The  driver of this haulage truck died on the spot on Saturday morning when the truck that was laden  with oranges destined for Mbare market veered off the road and plunged into Mukuvisi River along Simon Mazorodze Road in Waterfalls. — (Picture by John Manzongo)

The driver of this haulage truck died on the spot on Saturday morning when the truck that was laden with oranges destined for Mbare market veered off the road and plunged into Mukuvisi River along Simon Mazorodze Road in Waterfalls. — (Picture by John Manzongo)

Crime Reporter
SIX members of the Johane Masowe apostolic sect died, while 14 others were injured when a commuter omnibus they were travelling in overturned on Saturday along the Harare-Nyamapanda Road.

The accident occurred near the 44km peg in Murehwa.

National police spokesperson Chief Superintendent Paul Nyathi confirmed the accident.

“A Toyota Hiace was travelling along Harare-Nyamapanda Road with 22 passengers on board.

“On approaching the 44km peg on the said road, the vehicle’s left rear tyre burst.

“The driver lost control of the vehicle, which veered off the road to the right and overturned before landing on its wheels again,” he said.

He said four passengers died on the spot while the other two on admission to John Reimer Clinic in Murehwa.

The injured were taken to the clinic for treatment while the six bodies were taken to Murewa General Hospital mortuary for post-mortem.

“Police are urging motorists to ensure that their vehicles are fitted with tyres which are not worn out and suitable for the road conditions in the country.

“Above all, they should not exceed the loading capacity of vehicles even when going for church or other social gatherings,” Chief Supt Nyathi said.

The accident comes after six people also died on Friday night after a Toyota Ipsum they were travelling in left the road, overturned and landed on its roof along the Harare-Bulawayo Road.

Of the seven passengers, six died on the spot while one was admitted to Gweru General Hospital.

The bodies of the deceased were taken to the same hospital for post-mortem.

The Toyota Ipsum was travelling along Harare-Bulawayo Road with seven passengers on board and on approaching the 340km peg the driver encroached on to the lane of an oncoming vehicle resulting in a side swipe.

President rejects Special Economic Zones Bill

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President Mugabe

President Mugabe

Zvamaida Murwira Senior Reporter
President Mugabe has thrown back to Parliament the Special Economic Zones Bill after expressing reservations on a clause which seeks to suspend the Labour Act whose effect would have exposed workers to serious abuse by employers.

Parliament will now have to meet again next week to consider reservations expressed by the Head of State and Government and Commander-in-Chief of the Zimbabwe Defence Forces.

The Special Economic Zones Bill becomes the first proposed law to be referred back to Parliament by the President during the life of the Eighth Parliament.

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A fortnight ago, Speaker of the National Assembly Advocate Jacob Mudenda announced in a Government Gazette that he had submitted the Bill to the President for his assent after it sailed through both the National Assembly and Senate.

Clerk of Parliament Mr Kennedy Chokuda confirmed that President Mugabe referred the Bill back.

“Yes, the Bill was referred back to Parliament in terms of Section 131 (6) of the Constitution. Parliament will have to consider issues raised by the President when it resumes sitting. He has a right to do that if he feels that there is something that needs to be considered which he has done in respect of this Bill. The Speaker of the National Assembly will notify the House of the referral and Parliament will sit on October 5 2016 to consider the issues raised by His Excellency the President,” said Mr Chokuda.

Although Mr Chokuda declined to divulge reasons for the referral, a reliable source said President Mugabe cited section 56 of the Bill, which he said was not consistent with section 65 of the Constitution as it sought to suspend operations of the labour laws in special economic zones.

Section 56 of the Bill provides as follows: “The Labour Act [Chapter 28:01] and the Indigenisation

Economic Empowerment Act [Chapter 14:33] shall not apply in relation to licensed investors operating in a special economic zone.”

Section 65 (1) of the Constitution provides; “Every person has the right to fair and safe labour practices and standards and to be paid a fair and reasonable wage…(4) Every employee is entitled to just, equitable and satisfactory conditions of work.”

“The President’s reasons are very clear. He is clearly safeguarding the interests and rights of workers. His argument is that the clause that suspends the labour Act is unconstitutional and he has exercised his power in terms of the law to withhold his assent on the Bill. The Bill now stands referred to Parliament in terms of Section 131 of the Constitution,” said the source close to the developments.

Section 131 (6) of the Constitution provides as follows: “When a Bill is presented to the President for assent and signature, he or she must, within twenty-one days, either-

(a) assent to it and sign it, and then cause it to be published in Gazette without delay; or

(b) if he or she considers it to be unconstitutional or has any other reservations about it, refer the Bill back to Parliament through the Clerk of Parliament, together with detailed written reasons for those reservations and a request that the Bill be reconsidered.

The subsequent subsection provides for procedure to be followed when a Bill has been referred back to Parliament.

Section 131 (7) provides as follows: “Where a Bill has been referred back to Parliament in terms of subsection (6)(b), the Speaker must without delay convene a sitting of the National Assembly, which must (a) reconsider the Bill and fully accommodate the President’s reservations; or (b) pass the Bill, with or without amendments, by a two-thirds majority of the total membership of the National Assembly; and in either case the Speaker must cause the Bill to be presented to the President without delay for assent and signature and must give public notice of

the date on which the Bill was sent to the President.”

The Constitution goes on to provide what the President is obliged to do if not happy with the retention of the Bill in the form in which he had referred it back to Parliament.

Section 131 (8) provides as follows: “If a Bill that has been presented to the President in terms of subsection (7) fully accommodates the President’s reservations, the President must assent to the Bill and sign it within twenty-one days and then cause it to be published in the Gazette without delay, but if the President still has reservations about the Bill, he or she must within that period either-(a) assent to the Bill and sign it, despite those reservations; or (b) refer the Bill to the Constitutional Court for advice on its constitutionality.”

Bench raises red flag on AG’s office • Approach to national issues questioned • We’ll rope in LSZ: Judge

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AGMashudu Netsianda and Hebert Zharare
LAWYERS in the Civil Division of the Attorney-General’s (AG) Office have once again come under fire from the bench in the wake of High Court Judge Francis Bere’s criticism of their casual approach to matters of national importance.

The criticism comes hard on the heels of a recent censure by Deputy Chief Justice Luke Malaba who slammed the AG’s Office for a laissez faire approach to issues of national interest.

Justice Bere said lawyers from the AG’s Office were failing to treat matters of public importance with the seriousness they deserve after they once again failed to file their heads of argument in a matter involving the Sexual Rights Centre and the police, hardly two weeks to the day they botched a similar case before a full Constitutional Court bench in Harare.

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“I am really worried about the manner in which lawyers from the Civil Division in the AG’s Office conduct themselves especially when it comes to filing heads of argument on serious matters that affect the nation,” said Justice Bere.

The AG’s Office defied a directive issued two weeks ago by Justice Nicholas Mathonsi who ordered them to file heads on behalf of Home Affairs Minister Dr Ignatius Chombo, Police Commissioner-General Dr Augustine Chihuri and Chief Superintendent Fungai Dengu, the officer commanding police in Bulawayo Central District who were cited as respondents in the matter.

Sexual Rights Centre was seeking an order sanctioning a march by its members in commemoration of the International Day to End Violence against Sex Workers in December.

They also wanted an order declaring the prohibition of the march by the police a violation of their rights.

In its application through lawyers Phulu and Ncube Legal Practitioners, Sexual Rights Centre said police had no legal basis to bar its members from staging a march, arguing that the cops’ actions was a violation of their Constitutional rights.

Humphrey Melusi Ndondo, the organisation’s director, in his founding affidavit, said the march sought to bring to the fore the challenges faced by sex workers in the country as they go through their day to day business.

Justice Bere said he was now contemplating roping in the Law Society of Zimbabwe to assist the court by seconding a lawyer to file heads on behalf of the respondents.

“We are considering inviting a friend of the court via the Law Society of Zimbabwe to file the heads,” he said.

Justice Bere postponed the matter to October 6 and directed the registrar of the High Court to order the Civil Division in the AG’s Office to immediately file their heads of argument.

On September 15, Justice Malaba’s slammed the AG’s Office for taking a lackadaisical approach when representing Government in matters of national interest.

He made the remarks while sitting with eight other judges of the Constitutional Court in a matter in which a Harare woman, Ms Emelda Mhuriro, was contesting the constitutionality of Sections 18 (1) and (3) of the Labour Act that only allow female employees with at least one year service to go on fully-paid maternity leave thrice with one employer.

The laws give a limit of the maternity leave periods for women and also deny newly-employed women the right to maternity leave.

Ms Mhuriro is the general secretary of the Civil Service Employees’ Association.

A chief law officer in the AG’s Office invited the Concourt’s comments when she stood up and indicated that her office was not opposed to the striking down of the laws and that she had no submissions to make.

“My instructions are not to oppose this application and we will abide by the decision of the court in this matter,” the senior officer said.

The AG’s office never filed any responses in the matter and did not even file any heads of argument to assist the court in coming up with an appropriate decision in such a matter of public interest.

Justice Malaba quickly chipped in: “We are concerned that the office of the AG takes a position of not assisting the court at all in such a matter of public importance. It is a Constitutional matter that involves not only the applicant, but the nation at large. In fact, it is a matter of national importance.

“There is a law that is being challenged and you cannot simply take the case lightly and just say, ‘We are not opposed’.”

The judge added: “The matter has been taken very lightly. It has been taken for granted.”

The chief law officer, who could not stand the heat, made a U-turn and sought a postponement to allow her to take further instructions in light of the court’s concern.

The bench’s censure of the AG’s Office resonates with many who have raised concern with the AG’s Office in the wake of the botching of several cases where the State lost not on matters of law, but through wilful incompetence of State counsels.

Last Friday, Police Commissioner General Dr Augustine Chihuri has said the Attorney General’s Office has sometimes been found wanting when handling criminal cases, especially following recent violent protests.

West’s hand in demos exposed

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Felex Share Senior Reporter
Western countries’ hand in aiding and abetting violent demonstrations that rocked the country recently, was exposed yesterday when officials from the implicated embassies turned up for a media briefing called by the opposition MDC-T.

What was supposed to be a media briefing later turned out to be a ploy by the MDC-T to present stage-managed narration of “police brutality” by alleged victims to the embassy officials.

Political analysts castigated the MDC-T saying instead of parading the so-called victims to embassy officials, they should be seen filing lawsuits against the alleged police brutality since Zimbabwe is a democracy.

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The United States, Britain and France have been implicated as sponsors of violent demonstrations by opposition parties and shadowy groups seeking regime change in the country.

Identified officials who attended yesterday’s briefing were from Australia (Amanda Potter), Netherlands (Arthur Belle) while others, believed to be from the United States and Canada refused to identitify themselves.

MDC-T, which has been leading the violent demonstrations in the past weeks, could not convincingly explain the role of the diplomats at the media briefing.

“The diplomatic community is there to represent the interests of their countries in Zimbabwe,” said MDC-T spokesperson Mr Obert Gutu.

“When the police engage in acts of brutality, we believe it is in the interest of the international community to know what exactly is happening in Zimbabwe. This is an opportunity for the victims to tell their story to the world.”

MDC-T leader Mr Morgan Tsvangirai and his deputies Nelson Chamisa and Elias Mudzuri, attended the press conference.

The violent demonstrations by the opposition elements have seen shops being looted, property being burnt, innocent people and police officers attacked.

Vehicles have also been burnt.

Harare lawyer, Mr Terrence Hussein, said it was clear the MDC-T was stage-managing things to please their sponsors.

“If people are subjected to police brutality, one expects them to file lawsuits against the police so that the matter can be determined by an impartial judge at a court hearing,” he said.

“Evidence will be led and most importantly, the court will require medical affidavits from a qualified doctor confirming the injuries. That is the only way such assaults are verifiable. Rushing to the press or foreign embassies leads to speculation and more questions.”

Political analyst Mr Goodwine Mureriwa, said the marriage between the MDC-T and Western embassies “was there for all to see.”

“They have always wanted to create falsehoods and convince the rest of the world that the situation in Zimbabwe is bad,” he said.

“We have seen violence in South Sudan and the Democratic Republic of Congo, with deaths being recorded, but in Zimbabwe there is no single death attributed to brutality of the State. They want to magnify things and expand the horizon of their illegal sanctions.”

Following a wave of violent demonstrations, the Western countries have stampeded to issue separate statements supporting the protests and condemning law enforcement agents for maintaining peace and order by arresting illegal protesters.

President Mugabe has since warned the embassies against meddling in local politics by sponsoring dissident groupings to subvert a constitutionally elected Government.

He has on several occasions emphasised that he would only leave office at the behest of Zimbabweans not foreigners.

ZimPF stage-manages provocation

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Retired Brigadier-General Agrippah Mutambara

Retired Brigadier-General Agrippah Mutambara

Tendai Mugabe Senior Reporter—
The deliberate provocation of Zanu-PF youths going about their business by Zimbabwe People First (ZimPF) activists led by former Ambassador Retired Brigadier-General Agrippah Mutambara in Guruve last Sunday was part of a grand plan to engineer an incident ahead of the party’s leader Dr Joice Mujuru’s address at the Chatham House in London, UK, scheduled for next week.

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Brig-Gen Mutambara, who was in the company of a group of other ZimPF activists, reportedly fired gunshots at Zanu-PF members going about their business. He was, in turn, injured in the ensuing melee when Zanu-PF members defended themselves.

Secretary for Information, Media and Broadcasting Services Mr George Charamba told The Herald yesterday that the deliberate provocation was done to build a case that would form part of Dr Mujuru’s presentation to Chatham House.

Mr Charamba issued a strong warning to Brig-Gen Mutambara whom he described as one of the biggest beneficiaries of both the Government and President Mugabe to stop playing dirty politics.

“The whole idea is to try and engineer an event so as to support (Dr) Joice Mujuru who is due to appear at the Chatham House,” said Mr Charamba. “He (Ambassador Mutambara) is one guy who has had it good for a long time uninterrupted and who thinks he must have it good until he gets to the cemetery. He decides to go to some farm in Guruve (and he is not even farming in Guruve) and thinks he can subdue a community using a pistol.

“What we are seeing is political showmanship and done at the expense of the image of this country. The brigadier-general must know a lot better, guns are not used loosely and he better stop it.

“Let him do his politics well. He had lots of support from Government. He had lots of support from the President personally. It does not mean he was the most competent person. There were many people who could have represented Zanu-PF. There were many people who could have represented Government as ambassador.

“He should not look for marshal heroism in peace time. Zimbabwe is for peace.” Mr Charamba continued: “He is not the one who is going to enforce land rights. That’s not his province. If there is a land dispute between communal people and an A2 farmer, that goes to the responsible ministry for administration. It does not go to Agrippah Mutambara whoever he thinks he is.

“It’s not unique to Guruve. He should not seek to be a hero in peace time Zimbabwe. He saw very little of the war so he wanted to be a knight in shining amour in respect of a fellow Zimbabwe People First politician.”

Ambassador Mutambara last week further misapplied his diplomatic skills after he appeared on CNN bragging that he fired gun shots to disperse people at his farm. To embolden the cause of Dr Mujuru impending sojourn to London, Mr Charamba said, MDC-T leader Mr Morgan Tsvangirai paraded a group of victims of purported police brutality to Western diplomats in Harare on Monday.

“Meanwhile, back in Harare, (Mr) Tsvangirai and his group are busy parading false injuries before ambassadors, again of the West – no single African ambassador. “All of them from the West to reinforce that rigged message which they want the West to buy.”

Mr Charamba said there had always been a long standing attempt to catch the attention of the West by opposition functionaries ahead of the recent United Nations General Assembly in New York. He said this was sustained through needless demonstrations aimed at inviting an overreaction from the authorities.

“We saw an escalation of demonstrations which, were really not just needless but also provocative,” he said. “The attempt was to goad the authorities into overreacting for the notice of the West. If you look at the actual substantive issues of the claiming of Section 59 of the Constitution, they fizzle out.

“Justice Rita Makarau (Zimbabwe Electoral Commission chairperson) invited them to raise legal issues concerning elections and they were raising personnel issues not legal issues-the issue of soldiers and security personnel. Do they want to be the staffing officers of Zec?

“Which rule, anyway, says if one is a soldier is unemployable? Time was where vana (Morgan) Tsvangirai was reporting to Colin Powell. Is he not a general who was squatting in the State department and there is a problem with a Zimbabwean citizen who has served his country in the capacity of a soldier assuming a civilian portfolio but they have no problem with a whole American general who has fought a war in the Gulf reappearing as a secretary of State and taking a position against this country.

“In any case, Zec has a right to hunt for talent and staff itself as it sees appropriate and there is no opposition group that is going to be a staffing officer for Zec.” Mr Charamba added: “Secondly, we are hard put to find legal issues which they were pretending they were going to raise. There has been a meeting with Zec which has come to nothing.

“It has yielded absolutely nothing and that is how it was going to be for the simple reason that the whole electoral regime from a legal point of view was created by the same guys who are now agitating against it. It is, you are like a West Indies politician who wrote a book when he was a private citizen and when he became a president he banned his own book.

“They now want to outlaw the same law they made when they were in Government. This is the law they made and is the law they are mad about today. But that is even to grant that there was a legal issue – there wasn’t. The whole point was to make sure that the rolling action of demonstrations was to roll on until September which is the UNGA period. The idea was to make an impression on the Western world during the General Assembly so as to extract maximum damage to the country.

“Suddenly they have lost the appetite to do demonstrations, suddenly they have no issues.”


Government steps up 2016/7 agric preps •$423m mobilised •More on the way •Inputs ready for collection

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Dr Misheck Sibanda

Dr Misheck Sibanda

Tendai Mugabe Senior Reporter—
Farming inputs under the Government-initiated Command Agriculture and Presidential inputs support scheme are ready for collection from various suppliers across the country as Government mobilises more inputs in partnership with the private sector for the 2016-17 farming season. According to information at hand, the inputs should reach farmers countrywide by October 7, 2016.

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The inputs include seed, fuel and fertiliser among others that are coming in a three-tier scheme. The first two schemes are the irrigated and non-irrigated components of Government’s Special Maize Programme. The third component is the Presidential inputs scheme covering A1 and communal farmers.

In a letter to the Chief Secretary to the President and Cabinet Dr Misheck Sibanda on September 23, 2016, Finance and Economic Development Secretary Mr Willard Manungo confirmed that Government had secured money for the inputs.

“As you may be aware, Treasury has been in engagement with the private sector over financing facilities towards supporting some of the programmes for the 2016-17 agricultural production season,” he said. “I wish to advise that Treasury has concluded the negotiations, culminating in the signing of relevant facility term sheets as of 23 September 2016.”

Mr Manungo said $85 million of the raised amount would go towards the irrigated component, while $75 million has been allocated to the non irrigated component. He added: “$66 million comprised of $30 million being Government’s share towards the Presidential Input Scheme, and $36 million towards Government’s support for cotton (has been raised).”

The Herald is reliably informed that a local seed company has already supplied 500 tonnes of maize seed, which is now ready for collection in Harare while 4 380 tonnes of ammonium nitrate fertiliser would be available for collection in the next 21 days.

A Harare-based fuel company has also confirmed the availability of 2 million litres of fuel for the 2016/17 farming season, while 20 000 tonnes of lime have also been secured for the same season.

As Government intensified efforts to ensure that farmers are adequately equipped for the 2016/17 farming season, a source said, “The target is to have inputs equivalent to 50 000 hectares by Friday, September 30, 2016, and 110 000 hectares by October 7, 2016.

“Private sector players have also requested the Government to share its full procedure for the collection of the inputs so that they can start working with suppliers on the modalities for collection.” The source said the private players also asked Government to provide quantities for the non-irrigated hecterage for both maize and cotton.

Yesterday, Finance and Economic Development Minister Patrick Chinamasa said Government had secured $423 million to support the 2016/2017 agricultural season, while negotiations were currently underway for a further $500 million.

“Already, Government secured more than $423 million towards supporting the 2016/2017 agricultural season, and the objective is to be self-sufficient in food security in the event that the heavens smile on us and give us normal rains this season,” he said.

Minister Chinamasa noted that agriculture remained the anchor of poverty reduction and was a common outcome throughout many consultations that were undertaken by Government. In support of the revival of agricultural production, Government adopted a Special Maize Production Programme targeting 400 000 hectares of land for the forthcoming season expected to produce at least two million tonnes of maize, enough to meet national grain requirements for the country.

In his Mid-Term Fiscal Policy Review, Minister Chinamasa said more than 310 000 hectares of land had been identified, of which over 105 000 hectares is irrigable land, while over 204 000 hectares is dry land.

Under the programme, farmers have been signing performance contracts, initially for three consecutive growing seasons, commencing with the 2016/17 summer season, and will receive support covering maize seed, fertilisers and tillage. This programme will cost approximately $516 million for the initial three years. Key expenditures relate to inputs and labour, including harvesting costs, land preparation and transport expenses.

Zim free to regularise diamond industry: KPCS

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President Mugabe meets Kimberly Process Certification Scheme chairman Ahmed Bin Sulayem at his Munhumutapa offices in Harare yesterday. — (Picture by Innocent Makawa)

President Mugabe meets Kimberly Process Certification Scheme chairman Ahmed Bin Sulayem at his Munhumutapa offices in Harare yesterday. — (Picture by Innocent Makawa)

Zvamaida Murwira Senior Reporter—
Zimbabwe is free to regulate its diamond industry and the Kimberley Process Certification Scheme will not interfere in the decision by Harare to consolidate mining firms into one, a senior official for the world body on the precious mineral has said. Visiting KPCS chairperson, Mr Ahmed Bin Sulayem from the United Arab Emirates said the consolidation of diamond mining firms by the Government was an internal issue, which did not warrant the world body’s intervention.

Mr Sulayem said this in an interview with journalists soon after paying a courtesy call on President Mugabe at his Munhumutapa offices in Harare. His comments put paid to some Western organisations and the local private media that wanted Zimbabwe to be censured for assuming control of diamond extraction following the expiry of mining licences of firms that used to mine the gems at Marange.

“This is the situation that Zimbabwe has taken, and they know what is best for them. From our side, we are working on coming to a solution that brings the KPCS and bring all the producing countries to know the value of the rough diamonds. We will, at the end of this month, hold a workshop on valuation for rough diamonds,” said Mr Sulayem.

He described the discussion he had with President Mugabe as fruitful, coming soon after he had visited Chiadzwa diamond fields on Monday. Mr Sulayem said he was impressed by the system Zimbabwe put in place at Chiadzwa diamond fields.

“As of seven years ago, I did not know much about Zimbabwe except what I read from media reports, television and the Internet. Yes, there are challenges in Africa, but we have noticed that it is not everything that is as presented in the media,” said Mr Suyalem.

The KPCS chairperson said he came to Zimbabwe to do a familiarisation tour of member states, having gone to Burkina Faso, Congo, Angola, Central African Republic and, he was now heading to Namibia.

Mr Sulayem said it was critical that diamond-producing countries value beneficiation and value addition to maximise returns for their minerals. He said they would convene a special forum of experts on diamond valuation in Belgium this weekend.

“We want to have all the producing countries to know the value before they ship them out. We will be talking to all the experts. We want to have the experts’ views. We will know more after the end of this month.

“The big business, big traders, do not buy diamonds on estimates, they want to have an idea of what this value is. So, all these stakeholders will come together,” said Mr Sulayem. Mines and Mining Development Minister Walter Chidhakwa said the position by KPCS not to interfere on how member countries regulate their industry was correct.

“He is absolutely right in the sense that the KPCS’s position is that governments take their decisions in so far as the structure of the industry is concerned. What the KPCS is interested in doing is to ensure that the structure enables the countries to make sure that the security is tightened, traceability of diamonds is guaranteed, and that you do not have diamonds going out of the system.

“We briefed the chairman and his team about the new system, the fact that we now have one Government company that owns all diamond activities and that the systems that were in the individual companies will now be inherited in the new company particularly as we move towards the consolidated company. They are satisfied with that, and we are also happy that we share the same view,” said Minister Chidhakwa.

He commended the KP chairperson for embarking on a familiarisation tour of member countries. “We are happy with the initiatives that the chairman has taken-firstly the fact of going to other African countries, particularly to see how the producers were doing, familiarising himself with the difficulties in the various countries.

“We took him to Marange yesterday, and he had an opportunity to see what is on the ground. He has made his comments, very positive, satisfied with the security issues, but we also believe that we can continue to work with the KPCS to ensure that systems continue to be improved.”

Minister Chidhakwa hailed KPCS for convening a workshop on valuation of diamonds saying that was one of their major challenge as member countries. “Zimbabweans are keen to know what they are worth, what the value of diamonds is and we will continue to engage international institutions such as the KPCS to assist that Zimbabweans know what they are worth,” said Minister Chidhakwa.

LATEST: Mujuru case thrown out

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Daniel Nemukuyu Senior Court Reporter

The Constitutional Court today threw out a challenge by Zimbabwe People First leader Dr Joice Mujuru of the legality of Bond notes scheduled for release next month.

The court advised Dr Mujuru to wait until the notes were introduced for her to point out the alleged illegalities and violations of the constitution by the legal framework to be used in releasing the notes.

Chief Justice Godfrey Chidyausiku, sitting with eight other judges of the apex court, described the politician’s contestation as premature and speculative.

Government announced plans to introduce Bond notes in $2 and $5 denominations by the end of October.

Dr Mujuru then filed an application at the Constitutional Court challenging the constitutionality of Government’s decision to introduce bond notes.

The former vice president wanted to stop the introduction of Bond notes by the Reserve Bank of Zimbabwe arguing that this was unconstitutional because it would contravene several sections of the Constitution of Zimbabwe.

Dr Mujuru listed President Mugabe, Finance and Economic Development Minister Patrick Chinamasa, Reserve Bank of Zimbabwe Governor Dr John Mangudya and Attorney-General Advocate Prince Machaya as respondents.

Details to follow….

Private lawyer rescues AG’s Office

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 Chief Justice Chidyausiku

Chief Justice Chidyausiku

Fidelis Munyoro Chief Court Reporter—
The Attorney-General’s Office, which has courted a barrage of criticism from superior courts judges for their perfunctory approach to matters of national importance, yesterday engaged a private lawyer to avoid embarrassment in the Constitutional Court. Advocate Lewis Uriri rescued the State after he successfully argued the case in which the police are being sued for over $1 million. Two soldiers — Michael Nyika (27) and Crispen Tobaiwa — who were injured by police gunfire had, through their lawyer Mr Tendai Biti, brought the case to the highest court for confirmation of the constitutional invalidity of Section 70 of the Police Act.

The section provides that any action against police should be commenced within eight months of the date of the conduct complained of. Sources close to the proceedings said police authorities specifically instructed the AG’s Office to outsource good lawyers in private practice to argue the matter, for fear of losing the case.

It emerged during the hearing that the two soldiers sued the Ministry of Home Affairs, which does not have a legal personality. Justice Amy Tsanga, who presided over the civil litigation, did not deal with the objection to the citation of the Minister of Home Affairs.

She simply purported to have corrected the citation. There was no indication in the record that there was application to amend the citation. In his submission, Adv Uriri argued that the court could not grant an indulgence, which had not been asked for. “The citation of a none existent legal entity is fatal and cannot be correct,” argued Adv Uriri.

“It is not clear how the matter has ended up before this court. The requisite procedures have not been followed.” Adv Uriri argued that the order Mr Biti sought to be confirmed was itself void given that there was no valid action in the High Court. “There was nothing before that court which could have created a basis for an attack to be made against the validity of the provision,” argued Adv Uriri.

“This should have been the basis the Constitutional Court could relate to in the exercise of the review powers by reason of Section 45 of the Rules of the Constitutional Court, which brings into application the practice and procedures of the Supreme Court.’ He said the lower court judge could not have overlooked a preliminary objection and purport to deal with the merits of the matter.

“The matter is not properly before the court,” he said. Justice Tsanga referred the matter to the Constitutional Court in terms of Section 175 (1) of the Constitution for confirmation of an order which invalidated a statutory provision. But Adv Uriri argued that the section, which the judge relied on was not procedural, but it was substantive.

“It grants the court the power to declare an Act invalid,” he said. “The procedural step to place the case before the Constitutional Court is created by Section 175(3), which say an interested party can apply to the Constitutional Court to confirm the order or appeal seeking the relief that the order of the High Court be confirmed.

“The order of the High Court was itself invalid. It was void from the beginning and nothing could depend on it. First, because of the procedural irregularities that were cited. But most importantly because the judge did not have the jurisdiction to entertain the matter.”

He said the power of the High Court in terms of Section 175 (1) of the Constitution is exercised only in relation to Section 85 of the Constitution, The section allows a person to approach any court in the first instance seeking the enforcement fundamental rights.

“That section does not apply where a Constitutional question arises in ordinary none-constitutional matters. In that case, the judge should have referred the matter to Constitutional Court at her own instance or upon request.”

He added that Section 175 (4) did not give her the power to decide on the Constitutional question that arose in the course of ordinary non constitutional litigation. Deputy Chief Justice Luke Malaba also noted during the arguments that Justice Tsanga had created her own application that was not before her and dealt with it. But the Chief Justice Godfrey Chidyausiku felt that Mr Biti as an experienced lawyer should have guided the judge to arrive at a proper decision.

In his counter-submission Mr Biti emphasised on the inherent powers the High Court has as a court of original jurisdiction. “The high court has inherent jurisdiction and can refer a matter to the Constitutional Court regardless of the provisions of Constitution,” argued Mr Biti.

After hearing arguments from both counsel Chief Justice Chidyausiku struck the matter off the role. “After considering papers filed in this matter and hearing submission by counsel the court is of the unanimous view that the matter is not properly before this court,” said Chief Justice Chidyausiku.

Concourt rules on bond notes

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Dr Mangudya

Dr Mangudya

Daniel Nemukuyu Senior Court Reporter—
Bond notes will be released into circulation without glitches next month after the Constitutional Court yesterday dismissed, with costs, a challenge by Zimbabwe People First leader Dr Joice Mujuru as premature and speculative for seeking to challenge bond notes that are not even in circulation. It is the court’s finding that Dr Mujuru has to wait until the notes are introduced in order to point to the illegalities in it and the violation of the Constitution by the legal framework to be used in releasing the notes.

Read more:

Government is set to release bond notes worth $75 million at the end of October in $2 and $5 denominations. Dr Mujuru last month filed an application at the Constitutional Court challenging the constitutionality of Government’s decision to introduce bond notes.

The politician sought to bar the introduction of bond notes by the Reserve Bank of Zimbabwe arguing that it was unconstitutional because it was likely to contravene several cited sections of the Constitution of Zimbabwe.

Dr Mujuru listed President Mugabe, Finance and Economic Development Minister Patrick Chinamasa, Reserve Bank of Zimbabwe Governor Dr John Mangudya and the Attorney-General Advocate Prince Machaya, as respondents in the constitutional challenge.

The challenge came just after Government announced its intention as part of a raft of measures to stem the obtaining liquidity crunch. Chief Justice Godfrey Chidyausiku, sitting with eight other judges of the apex court, described the politician’s contestation as premature and speculative.

“After considering papers filed in this matter and submissions by counsel, the court is satisfied that this application is premature and speculative. It is hereby dismissed with costs,” ruled the Chief Justice.

Deputy Chief Justice Luke Malaba said: “You have to wait for the promulgation of an Act of Parliament or a Statutory Instrument first and you come back to court to challenge the legal framework’s constitutionality. The applicant does not have enough facts for her case now and when she gets the full facts, she can still come back to court with the challenge.

“At the moment, no one knows how Government will introduce the notes and it is premature to challenge the constitutionality of the law that it is not yet in place. The bond notes are not yet in circulation and no one knows how they look like.

“You allege that bond notes will be illegally introduced, but Government said it will do it in terms of the law. On what basis do you want us to believe you? An allegation must not just spring out from the air,” he said.

Advocates Thabani Mpofu and Garikai Sithole represented RBZ and its Governor Dr Mangudya, while Professor Lovemore Madhuku and Mr Gift Nyandoro appeared for Dr Mujuru. A director in the Attorney-General’s Civil Division Mrs Fortune Chimbaru acted for President Mugabe, Minister Chinamasa and Adv Machaya.

The Chief Justice also added that Dr Mujuru could have indicated in her papers how she was likely to have her rights violated by the introduction of bond notes. “In her private capacity, she has not stated how her rights as an individual will be violated. For example, if she has $1 million dollars in her bank account, she should have said it.

“If she does not have even a cent in the account, then she cannot succeed to sue in her individual capacity,” he said. Government contends that the bond notes will not be a new form of currency to be used in the country, but just a representative of a currency already in circulation.

The central bank, the lawyers argued, has authority to issue such monetary instruments in terms of Section 7(1) (d) of the RBZ Act. Dr Mangudya, in his founding affidavit, said the bond notes issue can be resolved by the High Court and that taking it to the apex court was unjustified under the circumstances.

He said the application was mere politics that was being smuggled into the court of law. In her application, Dr Mujuru said bond notes pose the greatest threat to the livelihoods of people of this country. She said they will destroy the economy and perpetuate poverty.

Dr Mujuru said from her experience in Government as a Vice President, it was clear to her that the greatest mistake this country ever made was to print the so-called bearer cheques. She said the only reasonable way forward is to adhere strictly to the multi-currency regime while doing everything necessary to stimulate economic growth.

Forced audit for Chiadzwa miners

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Mrs Mildred Chiri

Mrs Mildred Chiri

Zvamaida Murwira Senior Reporter—
Auditor-General Mrs Mildred Chiri has invoked her powers in terms of the Constitution to direct forensic audits to be conducted on three diamond firms that were resisting financial examination as efforts to establish the potential loss estimated to be $15 billion intensify. Mbada, Anjin Investments and Jinan had been resisting to have their books of accounts audited by the AG following Government’s decision to consolidate all the seven mining firms into one after their licences expired.

Also read:

The three companies have since approached the courts challenging the decision to have them consolidated in addition to their decision to reject an audit to establish if there was financial malfeasance during their tenure at Marange, Manicaland Province.

Marange Resources, Diamond Mining Corporation Gye Nyame and Kusena have already been incorporated into the Zimbabwe Consolidated Mining Company, while DTZ that was at Chimanimani, has been exempted from the consolidation since Government did not have direct interest.

The dispute arising from the firms’ resistance to be consolidated has seen a slump in production from 500 000 carats per month to 150 000 as no work was being carried out in the disputed areas. Secretary for Mines and Mining Development Professor Francis Gudyanga said they had since written to the three firms advising them to cooperate with the AG.

“The Auditor-General has invoked her powers in terms of the Constitution to say where Government has an interest, her office can come in and audit such entity. In this case Government has an interest through its 50 percent shareholding held by the Zimbabwe Mining Development Corporation,” said Prof Gudyanga.

The decision to have a forensic audit on the diamond firms at Chiadzwa comes as the nation waits with a lot of anxiety on how much the country could have been prejudiced in leakages amid indications that $15 billion could have been lost in revenue.

Prof Gudyanga said only Russian owned, DTZ was an exception as Government did not have a direct interest but would use figures from the Zimbabwe Revenue Authority and Mines and Mineral Corporation of Zimbabwe to audit it and have a clear picture of diamond production during its time.

“Their basis to refuse the forensic audit has been that their books have always been audited. But to us we believe we have a legitimate cause for demanding the forensic audit to establish what has been happening. We need to have a clear picture, remember there are reports that the country could have lost $15 billion, so it is important that we have such an audit,” said Prof Gudyanga.

“We are currently producing 150 000 carats per month because of their defiance, had we been operating at full throttle we should be producing about 500 000 carats,” said Prof Gudyanga.

Section 309 (2) of the Constitution provides as follows: “The functions of the Auditor-General are—(a) to audit the accounts, financial systems and financial management of all departments, institutions and agencies of government, all provincial and metropolitan councils and all local authorities; (b)at the request of the Government, to carry out special audits of the accounts of any statutory body or government-controlled entity.”

Prof Gudyanga said they would soon apply for an eviction order to have the companies leave the premises to allow diamond mining to resume so as to and increase output. “They cannot hold the country to ransom. They failed to renew their licences and that was not our fault as Government,” said Prof Gudyanga.

LATEST: Chimene raps ministers over factionalism

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Nyemudzai Kakore recently in Chipinge

Minister of State for Manicaland Province Cde Mandi Chimene on Tuesday accused two Deputy Ministers of fanning factionalism and causing havoc in the province.

Cde Chimene said Information Communication Technology, Postal and Courier Services Deputy Minister Dr Win Mlambo and Local Government, Public Works and National Housing Deputy Minister Christopher Chingosho, were engaged in clandestine meetings that were cancerous to the ruling party’s ideology.

Cde Chimene called on the party’s political commissar Cde Saviour Kasukuwere, who is also Local Government Public Works and National Housing Minister, to intervene.

She urged the party to pardon Chipinge South legislator Cde Enock Porusingazi, saying he was now towing the party’s line.

Cde Chimene was speaking during a funeral parade at Checheche Growth point in Chipinge where the party accorded district heroes status to six Chipinge party youth members who died in an accident on Sunday. The youths were returning from Gaza Stadium where they had attended the launch of a residential stands programme in the district.

“I am having a hard time with two individuals who are causing pandemonium in this province. I have tried to advise them to refrain from secret meetings with the agenda of putting the party into disrepute but they want me to be accused of failing to run this province.

“I have even written a letter to the President warning him that I do not think they deserve their positions. Cde Win Mlambo and his counterpart must be investigated and put in their right places,” said Cde Chimene pointing at Dr Mlambo who, however, did not respond.


Teenage whizz-kid makes UZ history

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President Mugabe shares a lighter moment with the youngest University of Zimbabwe graduate Maud Chifamba who graduated with a Bachelor of Accountancy Honours degree in Harare yesterday. — (Picture by John Manzongo)

President Mugabe shares a lighter moment with the youngest University of Zimbabwe graduate Maud Chifamba who graduated with a Bachelor of Accountancy Honours degree in Harare yesterday. — (Picture by John Manzongo)

Paidamoyo Chipunza Senior Reporter—
History was made since the founding of the University of Zimbabwe in 1953 when 18-year-old academically-gifted Maud Chifamba graduated with a Bachelor of Accountancy Honours yesterday.She was among 3 667 graduates from nine faculties and the College of Health Sciences who were capped by President Mugabe at the institution of higher learning.

Related……….

As of 2012, Chifamba was the youngest university student in Africa. She was born in 1997 in Zimbabwe and was accepted to the University of Zimbabwe to read for an accounting degree.

The teenage whizz-kid began attending in 2012 and also received a $9 933 scholarship from the Zimbabwe Revenue Authority Chairman’s Charity Fund. Chifamba lost her father when she was five, in 2002, before she started first grade.

By that time, her mother was suffering from cancer and could not care for her and her brother, two years younger. This prompted Maud to fall under the care of a step brother, who at the time was residing at a plot he had been allocated during the land reform programme in Hunters Road, in between Kwekwe and Gweru, Midlands Province, Zimbabwe.

In 2003 she started her first grade at a school named Hurudza Primary school. In 2005, when she was in grade 3, during the mid year exams, she was mistakenly given a grade 4 exam paper in which she scored 100 percent. The following term during the same year, she requested a Grade 5 test paper in which she achieved the highest score.

She proceeded to Grade seven and she had 6 units. As Chifamba did not have money for high school she studied on her own(home schooled) and completed her Ordinary Level in just two years, that was 2009. She was later identified by the Ministry of Education and awarded financial assistance for her advanced level, upper six in 2011 and she scored 12 points.

Her mother died of cancer that year. After making headlines internationally, Chifamba was awarded a $9,993 scholarship by the Zimbabwe Revenue Authority. In 2013 Chifamba scored distinctions at the University of Zimbabwe, where she was studying for her Bachelor of Accountancy Honours Degree.

She wrote her Grade seven examination at the age of 10 and her A-level at the age of 13. In 2007 Chifamba was named the best student under the most difficult conditions in the Midlands Province.

In December 2012, Chifamba was fifth on the Forbes Top 100 Youngest Powerful Women in Africa and she was also entered in the book of African Records as the youngest university student in the continent.

In October 2013, Chifamba was a delegate at the launching of a Terre des hommes campaign for girls in Rome, Italy. On 25 October 2013, Chifamba shared the high table at the International Day of the Girl Child celebrations with ministers and musicians. The event was hosted by UNICEF, held in Zimbabwe and she delivered a speech.

Faculties that graduated yesterday are Agriculture, Arts, Commerce, Education, Engineering, Law, Science, Social Studies and Veterinary Science. Of the graduates, 3 106 were conferred with first degrees, 535 with Masters Degrees and 25 with Doctor of Philosophy degrees.

Among the graduates, 25 were conferred with Doctor of Philosophy degrees and from those graduating with bachelors’ degrees, 149 had first class passes. For the first time in the history of the University, an 18-year old student was also conferred with her Bachelor’s degree in Accounting.

The graduate, Maud Chifamba, joined the University at the age of 14 years and completed her degree at the age of 18 years. This year’s graduation ceremony also saw the first pioneering graduates of the Marondera University of Agricultural Sciences and Technology.

In his address, UZ Vice Chancellor Professor Levi Nyagura, described this year’s ceremony as historic saying all these achievements were a first in the 61 year history of the University. He said the University will continue to engage with various stakeholders and strategic partners for continuous improvement and to remain relevant.

“We do recognise that our society is getting more complex with dynamic varying sets of requirements,” said Prof Nyagura. He said this presented a challenge that called for a re-thinking of the nature of the public service the university should provide.

Prof Nyagura said to that end, the University’s focus should be more on socialisation of knowledge by making sure that the university produced highly-qualified professionals and that the best research results were transferred to society.

He said the UZ was also open to capture the knowledge generated by society so as to sustain and further develop the intellectual and cultural base of the country. “In this endeavour, we have committed ourselves to participate in national projects that empower our country to be competitive regionally, continentally and internationally,” said Prof Nyagura.

He said in addition, the University also reviewed its curriculum to promote innovation, application of science and technology and entrepreneurship. “Our focus is to produce graduates with a strong foundation in science and technology and with problem solving and analytical skills,” he said.

Some of the training incorporated include Forensic Science, Geospatial Intelligence and Aeronautical Engineering. Prof Nyagura said the university had also excelled in the development of GIS (Geographic Information System) and Earth Observation Sciences.

“The motivation for this development is the realisation that geographic sciences are key to human security including disaster and emergency response, crime and terrorism prevention, surveillance of diseases and disease vector outbreaks,” he said.

He said the University’s GIS and Earth Observation Centre had since been assigned by the African Union to carry out two major tasks. Prof Nyagura said in line with the Zimbabwe Agenda for Sustainable Socio Economic Transformation (Zim Asset), the University also embarked on a number of projects aimed at increasing infrastructure to meet the growing demand of education.

These projects include a building complex with 10 state of the art lecture rooms with a combined sitting capacity of 1000, a pharmacy laboratory that accommodates 130 students and an engineering computer laboratory fully equipped with 100 state of the art computers.

The University also constructed three additional lecture rooms with a combined sitting capacity of 200 and is currently constructing a 1 100-seater modern lecture theatre.

High Court judge in bribery storm

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Judicial Service Commission chairman Chief Justice Godfrey Chidyausiku grills Justice Priscilla Chigumba during a public hearing at a Harare hotel yesterday

Judicial Service Commission chairman Chief Justice Godfrey Chidyausiku grills Justice Priscilla Chigumba during a public hearing at a Harare hotel yesterday

Zvamaida Murwira Senior Reporter—
High Court judge Justice Priscilla Chigumba reportedly solicited for a $20 000 bribe from one of the parties in a case she was presiding over, the Judicial Service Commission (JSC) revealed yesterday.JSC chairman Chief Justice Godfrey Chidyausiku said they were considering referring the case to President Mugabe for him to set up a commission to look into the matter. This came out during an interview in which Justice Chigumba was among eight High Court judges that were being interviewed by the JSC to be considered for elevation to the Supreme Court.

Justice Chigumba was grilled by members of the JSC led by Chief Justice Chidyausiku over a complaint that it received to the effect that the judge had sent an agent to solicit for a bribe from a Mr Kanokanga who was one of the parties in a case in which she was presiding over.

Justice Chigumba

Justice Chigumba

Justice Chidyausiku said the JSC had received a written complaint from Mr Kanokanga and said while they had asked Justice Chigumba to make a written response, she was obliged to comment on the allegations since the commission was troubled over the allegations given that she was now seeking higher office.

“I think you are aware that Mr Kanokanga, who was a party in a matter that you presided over has alleged that you, through a third party (name supplied) solicited a bribe for yourself and he refused and paid a price of losing the case. Obviously, the commissioners are really troubled by these allegations,” said the Chief Justice.

“There are certain aspects of his complaints that have a ring of truth, particularly where he said the agent was invited to a restaurant where you and this other person were having lunch. He also said this agent had information pertaining to the details of the proceedings when in fact he was not present in that court and then of course, the possibility that the alleged agent had fabricated this story. Unfortunately, as an interviewing panel, we do not have the investigative machinery to determine where the truth lies.”

Mr Kanokanga, said Chief Justice Chidyausiku, alleged that he had been impoverished as a result of the judgment which saw him being evicted from premises in the central business district.

“Like Caesar’s wife, a judge has to be beyond reproach. That’s the difficulty that the commission finds itself. Obviously, the JSC has the option of referring the matter to the President for a judicial inquiry to be appointed. That is something that we have to consider. The complaint that was made is in such a way that we cannot really just dismiss it without a proper inquiry. It may as well be that the person that is alleged to be your agent took advantage either of your relationship and fabricated this whole thing — that may be one scenario or that thing never happened at all,” said Chief Justice.

In response Justice Chigumba denied the allegations. She said Mr Kanokanga, by his own admission, was not mentally sound.

“Mr Kanokanga, during the course of the trial, had indicated that as a result of this eviction, he had become unable to function and had to be treated by doctors for a mental disorder which arose as he said, from the fact that he had been impoverished by the eviction. He was very bitter. So, to answer your question, I did not directly or indirectly do or cause anything to be done which, is inconsistent with my oath of office as a judge or my duty to dispense justice without fear or favour or prejudice. I would like Mr Kanokanga, if he has any evidence that he can avail to the commission of whatever it is, that he is alleging to avail such evidence because an allegation which is baseless and without foundation, in my view, ought not to be allowed to influence anything that is adverse towards me unless and until it is substantiated,” said Justice Chigumba.

“Just because I was seen having lunch with someone does not mean that I am responsible for that person’s actions. The question that you put to me that Caesar’s wife ought to be beyond reproach, my response to that is I have already taken oath of office of being a judge. Because I took an oath of being a judge, I think that my word or my moral probity ought to be believed, the presumption should be, I am telling the truth until such time evidence is placed before the commission that something untoward happened.”

Deputy Chief Justice Luke Malaba weighed in, “The issue of alleged impropriety on your part, is a matter of great concern to the commissioners. Do you know this eating outlet which is opposite St John’s College? How does this person place you at that eating place which you have not been to for a long time in the manner he says you were with this person who approached him (Mr Kanokanga) and said you wanted $20 000? Your position, of course, in your reply is that this should be dismissed as a matter of madness,” said Justice Malaba.

“Well, he is a self-confessed sufferer of mental disorder. I have no idea of what was happening in his head. He did say that he takes medication for chronic depression. He did say he blames the owner of the commercial premises for evicting him because it rendered him unable to operate. I do not know what effect my judgment had on him,” said Justice Chigumba.

Chief Justice Chidyausiku also took issue about the inclusion of his name and that of Judge president George Chiweshe as her referees on her curriculum vitae. But Justice Chigumba said it was an oversight as she had forgotten to update it.

Other High Court judges that were interviewed were Justices Charles Hungwe, Alphas Chitakunye, Francis Bere, Joseph Mafusire, Nicholas Mathonsi, Samuel Kudya and Lavendar Makoni.

Cobra disrupts village meeting . . . minister, villagers scurry for cover in Chitomborwizi

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Matoranjera villagers search for a 1,5metre king cobra which disrupted Public Service, Labour and Social Welfare Minister Prisca Mupfumira’s address in Mashonaland West yesterday. — Pictures by Walter Nyamukondiwa

Matoranjera villagers search for a 1,5metre king cobra which disrupted Public Service, Labour and Social Welfare Minister Prisca Mupfumira’s address in Mashonaland West yesterday. — Pictures by Walter Nyamukondiwa

Walter Nyamukondiwa in CHITOMBORWIZI—
There was drama at the Kore homestead yesterday when a 1,5 metre-long snake charged at villagers attending the handover of assistance to the family that lost three members in a veld fire.The incident took place when Public Service, Labour and Social Welfare Minister Prisca Mupfumira who is also Senator for Makonde was addressing the gathering. People, including elderly women, had to scurry for safety as the snake which was identified as a king cobra kept heading their way in the ensuing pandemonium.

As people scattered in all directions, the slithering venomous snake made its way to a nearby vehicle where the villagers were seated and hid under the bonnet. Brave male villagers stealthily opened the bonnet after the engine was started and the snake would raise its head from the engine compartment, ready to strike.

snake

It could not be located for a while, prompting the villagers to resume their seats before Minister Mupfumira continued with her address. After the handover of goods that included packets of rice, kitchen utensils and $140 cash, villagers combed the vehicle. They eventually located and killed the snake as villagers spoke in hushed tones about an incident they described as uncharacteristic.

“I did not see the snake coming, but heard people shouting and I ran away. We think it could have come from a nearby anthill, but for it to keep coming where people were seated seems very strange. After what happened to the family recently, we do not know what to say,” said a villager.

Another villager said there were rumours of an avenging spirit after a family’s daughter-in-law allegedly died under mysterious circumstances amid calls for appeasement. The family, however, does not believe in avenging spirits as they are devout members of the Johanne Marange sect.

Area chairperson Mr Benny Makumbe said these were just “social media” rumours which should not be taken seriously. Cde Mupfumira calmed people down saying it was just a snake which, could have been roaming around after the fire which destroyed nearly 500ha of land in the area.

“I see people have panicked, but snakes do roam about especially now that the grass was destroyed by fire,” she said. The minister had visited the Kore home following the death of Peter Kore (39), his wife Germina Sotera (35) and their niece Edith Gwite last week in a veld fire.

The three died after they were trapped by a veld fire they were trying to put out together with other villagers in the Matoranjera area. They were buried on Tuesday. She urged the community to make peace even with the suspect who allegedly started the fire saying the elderly woman had also suffered trauma.

“We want people to live in harmony and learn from this incident to implement fire suppression methods being taught by the Environmental Management Agency (EMA). No one would deliberately start a fire to cause any harm,” she said. EMA provincial manager Mrs Eunice Mutepfa said people should take extra care during this period as chances of runaway fires were high.

She said people should put fire-guards to minimise the chances of fires spreading in the event that they get out of control. The handover was attended by Makonde Member of the House of Assembly Cde Kindness Paradza who urged Government to engage leaders of the Johanne Marange on their refusal to use conventional hospitals and medicine.

This follows an incident where the Kore family and church members refused to bury Kore and niece Gwite because they had been taken to the hospital. “We want Government to intervene because they even refuse to immunise their children in breach of the Constitution,” he said. Minister Mupfumira said she would take up the issue with apostolic sect leaders whom she sometimes meets.

Tearful Gonyeti narrates Jah Prayzah abuse

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Pamela “Gonyeti” Zulu

Pamela “Gonyeti” Zulu

Godwin Muzari: Arts Editor

It was an emotional interview as dancer and vocalist Pamela “Gonyeti” Zulu intermittently broke down on Wednesday when she narrated the story of her alleged sexual abuse by former employer Jah Prayzah. She began with a disclaimer.

“I did not want this information to go public. I just got angry in a meeting last week and spilled the beans in front of other people. We were only five in the meeting and tempers flared until I reminded him about his sex escapades in anger. It is embarrassing to share a story of sexual abuse with the world and I thought the issue would end in the meeting. I was surprised to see a story about it in a newspaper and I feel so bad, but I don’t have anything to hide anymore,” she said.

Gonyeti was referring to a story published by our sister paper H-Metro on Tuesday in which Jah Prayzah’s lawyer Eddie Hamunakwadi was quoted as saying she was seeking compensation for sexual abuse in addition to claiming outstanding unpaid fees for her services in the band.

The gorgeous vocalist denies asking for compensation for sexual abuse and said she is heartbroken because the issue has gone public. She said all she wanted was to get her outstanding allowances for the work she did for the band.

She admitted having been abused sexually without protection by Jah Prayzah on numerous occasions for the past three years to safeguard her job, but insisted she had no plans to make the sensitive issue public.

“Many women do not disclose issues related to sexual abuse because they are afraid of stigmatisation. I was one of them. What will people say when they know Jah Prayzah had sexually abused me without protection? I had to live with it. I had to please my paymaster. Now they have told the world about it and the most painful thing is that Jah Prayzah is saying I am lying. Why would I lie that I slept with him? Why would I lie to embarrass myself . . . ” for a moment she could not continue as she wept uncontrollably.

Gonyeti said the sexual abuse was the main reason why she left Jah Prayzah’s Third Generation band.

“I asked myself why I was hanging on when I was being abused in many ways. I was a sex slave and I was also not getting paid for my services in the band. I just had to keep pleasing my master with my body, my voice and my energy for nothing. I just said ‘enough is enough’ and I quit the band. Honestly, the issue of sexual abuse was personal. Now they have told the world about it and everyone will see me as a dirty person.”

The energetic dancer said during tours, other band members would share hotel rooms and Jah Prayzah, as the boss, was always booked alone and he abused that scenario to have quality time with his subordinate before and after shows.

“I always shared the room with Stimela (Fatima Katiji, the other female vocalist) and I would be called to the boss’ room and leave her alone. We also met at various places in Harare during the week when we were off duty. That was the life I led at Third Generation. It was risky because I knew many other girls that Jah Prayzah was involved with.

“He has many girlfriends among his fans and we knew most of them. When such a person continuously demands unprotected sex, it becomes dangerous. He says he does not fear contracting any sexually-transmitted infections because he is circumcised.”

Gonyeti said she is now being terrorised by some of Jah Prayzah’s female fans on social media.

“I left the fans’ WhatsApp group and they continue adding my number and using abusive language towards me. Some of the ladies say there is nothing special about being sexually abused because they have also slept with Jah Prayzah.”

As her voice cracked and tears rolled down her cheeks, Gonyeti said she regrets being involved with Third Generation because the memories will haunt her forever, especially because the issue is now public.

She said when she first saw Jah Prayzah as an unknown artiste and assisted him to record his first albums, she did not know the relationship would grow into a sad tale.

“I first met him at Jazz 105 when he was a supporting artiste to our band Jabavu Drive. I was the lead singer at Jabavu Drive and he liked my voice. He asked me to do backing vocals for him in the studio and I did most of his early songs including the album ‘Ngwarira Kuparara’ before I even joined his band.

“My first album as a full-time band member was ‘Tsviriyo’. The relationship began professionally, but he took advantage of his growing fame to abuse me.”

She said she is taking a legal route to recover her salary arrears and would not want her attention to be distracted from the real cause of her confrontation with her former employer.

Efforts to get a comment from Jah Prayzah were unsuccessful as he is currently in South Africa shooting a video for the track “Mdhara Vachauya”.

However, Gonyeti who now fronts her own band called Horse Power said she will soldier on despite the emotional spell and focus on her solo career.

“This is a trying time, but I have to look ahead. I have a career to maintain and I will not make it if this issue affects me emotionally to a level where I cannot concentrate on my own projects. We are moving on and I am glad with the assistance I am getting from my manager Filda Muchabaiwa. We hope things will work well. We cannot continue dwelling on the past yet we want to move forward.”

Muchabaiwa — popularly known as Mama Filo — was Jah Prayzah’s manager when he was still chasing fame and she said she is disappointed by his approach to the Gonyeti issue.

 . . . who is Pamela Zulu?

Pamela “Gonyeti” Zulu was born in 1986 in Victoria Falls in a family of three girls and one boy. She attended Chinotimba Primary and Mosi oa Tunya Secondary schools, but dropped from her studies in Form Two when she fell pregnant. Both her parents died when she was still young.

She had interest in music at school and a neighbour discovered her vocal prowess and invited her to join Mulura Jazz Band that was based in the resort town.

Pamela worked with the band for three years before relocating to Harare where she joined Summer Breeze as lead vocalist.

Another jazz band Jabavu Drive enlisted her services and she would alternate between the two bands.

She met Jah Prayzah at Jazz 105 when he was curtain-raising for Jabavu Drive and he admired her voice and took her as a backing vocalist for his songs in the studio.

In 2013 there was a vacancy for a female backing vocalist in Jah Prayzah’s Third Generation Band and she joined the group. She got the nickname Gonyeti because of her huge body and energy on stage.

She learnt her trademark energetic dances at Jah Prayzah’s band since she was coming from a jazz background.

Pamela toured many parts of the country with Third Generation and also went for international tours to countries like United Kingdom, Australia, Botswana and South Africa. She left Jah Prayzah’s group in August this year citing unfavourable working conditions and abuse to form her own band called Horse Power.

The band has so far performed at various venues in Harare and she is working on her album that will be released soon.

Pamela is a single mother of two children aged 15 and 5 years.

Nathaniel Manheru – Khama: When glory quest exceeds own interest

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Ian Khama

Ian Khama

THE OTHER SIDE: Nathaniel Manheru—
A BIG thank you and apology are merited. Thank you to The Sunday Mail for hosting me last week. A big apology to the Editor of The Herald and of course my readers for not meeting my commitment last Saturday. What man proposes, God disposes. Matters simply went beyond my control, which is why I could not meet my fixture. And because the issue on hand was time-sensitive, I had to plead for some space in The Sunday Mail. I hope you, my readers, were still able to catch a whiff of my defining pungency, in the process locating the temporary hole which housed the civet cat for the week that went by. Amazingly, the responses were as good and as robust, the hits reaching a staggering 25 000 at the last count. It speaks eminently of the group spirit, the collegiality of this behemoth called Zimpapers. A big thank you to you PD (Pikirayi Deketeke) for the broad, encompassing, group-wide corporate culture you have helped nurture. And of course to the Editors for running seamless editorial propositions.

Resorting to a head count of enemies
Is it not rather strange that the opposition media has obsessed and made so much about Ian Khama’s alleged comments on Robert Mugabe, the elected President of Zimbabwe? Alleged because the Botswana foreign ministry decided on a quiet explanation tendered to the Zimbabwe Government, but without taking the trouble to make a public retraction of the story. To me that said a lot. Still I failed to grasp the rhyme or reason of the excitement in the opposition press, apart from a truculent desire to make cheap pot shots at the President of Zimbabwe. And you get a sense of a defeated lot finding succour in deriving perverse pleasure in whoever throws a missile at Robert Mugabe, however dull and gratuitous the hurled epithets may be.

Far from reflecting on Robert Mugabe, this editorial proclivity says a lot about the desperation of Mugabe’s media detractors, who reason that having lost the argument, the next best thing is a head count of whoever else is displeased with their diffident nemesis. And diffident he has been, what with the loud silence with which he has personally greeted the Khama story. Very much typical of the man. He will not pick a fight with a fellow African leader, however, wayward and stilted that leader’s thinking may be. And there is a lot that was wayward and senseless in what Khama is alleged to have told Reuters, a few days ahead of his country’s national day.

Overly sensitive on what least matters
In the first place he, out of own volition, invited the Zimbabwean leader for his country’s national day, with his solicitous lady chief of protocol pressing the Zimbabwean delegation in Zambia to know if President Mugabe was coming. Khama did not have to invite President Mugabe, all the more so given his weird views on Mugabe’s tenure.

Why slur the dignity of your nation’s commemorative event by having an unfit guest? It is this paradox which seems to give credence to a reading that the invitation was done without any sincerity, and in the hope that the invitee would turn it down. Which the delayed confirmation from Zimbabwe almost did. And the reasons for such expectations were not very hard to find. The Botswana President had invited his “uncles” from the UK, as well as a high-ranking official from the Obama administration. That is Botswana’s prerogative, indeed an expression of its sovereign will. Except both sensitivities did not matter, if only the Tswanas had advised their President properly.

The British royalty has largely stayed clear of the bilateral tiff between Zimbabwe and Britain, with members of the British Royalty even sitting next to the President of Zimbabwe far back at the height of that bilateral tiff between the two nations. Secondly, Mugabe’s foreign minister met with the very same official from the Obama Administration whom the Botswana government invited on the occasion of their 50th Anniversary. And the meeting was at the instance of the Americans. Really, there was little to worry about. To tender this explanation is not to suggest there was a desperation to attend the Botswana event. It is simply to help the Tswanas know that they were overly sensitive on matters which Zimbabwe had long gotten over vis-a-vis the Anglo-Saxon nations in question. And even when it comes to the British Government, there is reasonable level of interaction in spite of the wide differences.

When courage failed a soldier-president
Secondly, President Khama had met his Zimbabwean counterpart on two occasions in the most recent past, including in Zambia, at the inauguration of President-Elect Lungu, barely two weeks before. Fortuitously, the two were the only heads of state who graced the occasion, which is why they wound up seating next to each other in the stadium. If President Khama had issues with his Zimbabwean counterpart — whether national or personal — he should have taken advantage of those encounters to raise them directly with President Mugabe. He would have come across as both courageous and sincere, indeed such a gesture would have expressed the depth of his concern on the politics and fate of Zimbabwe as he saw both from his perspective. This is not to raise issues of pertinence. That he did not raise a whole host of questions about his motives and courage index, when pitted against the veteran nationalist he says he is a problem for him and for the region.

Evan Mawarire

Evan Mawarire

Helping a wilting cause
Thirdly, there is the whole question of timing. Like the Mawarires and other local opposition actors, he elected to express his unsolicited opinion on Mugabe’s leadership and its tenure in the week of the United Nations General Assembly. What impact was being sought and which audiences was he performing to? Was it a matter of coincidence that he picked the anti-Mugabe mantra when the publicity wiles and subterfuges of the local opposition were showing every sign of wilting? Or was this meant to help and shore up a local cause he clearly saw as faltering? And whose cause, and why was it so important to a whole President of a neighbouring country?

When he should have worn the cap
Fourthly, Ian Khama handed over the chairmanship of sadc not too far back to Swaziland, after a whole year at the helm of the sub-regional body. In the context of Southern African politics, it is difficult to think which other time, and what other capacity would have given him the legitimate status to comment on the politics of the region, including those of Zimbabwe, than when he was chairman of sadc. After all, precious little happened on the sadc front during his year-long tenure, meaning the time he was not an activist sub-regional leader was time enough for him to reflect on the whole governance ethos in the region. Again, that chance was not used.

In Swaziland, he tried rather unseemly to raise the issue of Zimbabwe using the pretext of some dubious communication he alleged he had got from a curious group which calls itself “The Elders”. Had any other sadc leader, he asked, received any such communication on Zimbabwe from this group? None had, he learnt. He backed off.

By that time President Mugabe had already left Swaziland for Dubai. Other sadc leaders, correctly sensing the rather impious motive behind the seemingly by-the-by enquiry, decided to send a very clear, unambiguous signal to both the so-called Elders, and of course to Khama himself whose interest in the communication hardly measured up to the disguise. Leader after leader spoke against the so-called Elders, and against the whole notion of seeking to influence sub-regional politics through national political processes of member countries. The message was clear, and looking at his silence on the day, and his eventual courage expressed through Reuters, a character profile of the man begins to show. It is not a very flattering one, less so for a soldier-president who must show courage and conviction.

“This is the Mugabe I know”
But also is it not ironic that he merely elaborated on a theme developed by President Mugabe for sadc when his turn to lead the sub-regional body came? Surely that does not suggest hoary thinking and leadership which the Reuters interview imputed on the Zimbabwean president. By the way, Khama had personally ululated for Mugabe when the Zimbabwean leader confronted South Africa at the sadc Summit in Victoria Falls on the issue of the deleterious de-industrialisation of the rest of the region, thanks to South Africa’s beggar-thy-neighbour industrial philosophy which it has since revised, diplomatically at the very least. “This is the Mugabe I know!” is what Khama said then. It suggested a Mugabe who not only led his nation, but the region as well ideationally. Indeed the unanimous adoption of industrialisation and value-addition as a key sadc regional policy resoundingly demonstrated that leadership. When then did Khama re-classify Mugabe as a regional problem, as he claimed in the interview?

Tito Mboweni

Tito Mboweni

Mapping poverty down South
But there were other developments which unfolded, and which seem to help us contextualise the (mis)behaviour of the Botswana President. Apart from the intrusive Elders — strangely enough a motley crowd by all human measurements — you also had statements from western embassies here concerning local political developments, statements clearly uncalled for and intrusive. Then you had Mboweni, Tito Mboweni, the former Governor of the Central Bank of South Africa and his queer fund meant to help poor “Zimbabweans” begging in “our street corners” in South Africa. It is a fact that there are many Zimbabweans in South Africa, including some who beg or sell their wares at street corners and along the intersections of South Africa’s major roads. That is a fact. But it is also a fact that there are a lot more South African beggars and vendors on South African soil, if truth be told. Above all, there are many other vendors from neighbouring countries and even beyond, which is what makes poverty mapping in South Africa such an intricate process.

Telescopic philanthropy
But to suggest setting up a fund for poor Zimbabweans in a country where there is upward of 40 percent black unemployment, and where, like in Zimbabwe, there is massive informalisation of economic activity for black South Africans, is surely to be at odds with hard facts on the ground. There is no arguing that poverty in South Africa, as indeed in most Southern African countries, is black, and also a combination of local unemployment and migrancy. But to choose to see begging and vending as exclusively Zimbabwean is to indulge in deceitful self-pleasure. It is — Dickensian Mrs Jellyby-like — to indulge in telescopic philanthropy.

For those who did not read Charles Dickens’s forbiddingly fat Bleak House, Mrs Jellyby was a personification of what Dickens saw as the grotesque hypocrisy of Victorian Britain’s loud, empty philanthropy. The lady would heartily weep over some Tuckahookapo Red Indians in some imaginary, newly discovered South American country, natives she weepingly suggested sorely needed redemptive adoption by the Europe’s white philanthropic industry.

Meanwhile, back home, nay meters away from her maudlin sentimentality, her own urchin children — unkempt, unfed, undressed — would dangle dangerously pincered between two iron rails – thoroughly neglected — just next to her fretful person. She personified monumental failure in British parenting demonstrated by a generation which hypocritically sought to parent millions of “heathens” living happily and closely knit in faraway lands. Central Bank governors are supposed to be down-to-earth men, something which the dilettante Tito Mboweni seems to find hard to learn. Except all this is to assume the gesture was meant as a genuine fight against poverty. Of course it was not. It was meant as a show for the notice of the anti-Mugabe western industry. Once one looks at this whole broad external build-up, one then begins to understand why Khama’s act was part of a

longer, richer and wider scene in intrusive politics planned from across the seas, but employing “local” actors to give it a patina of localism. And “local” in this sense is regional.

When Namibia stood tall on principle
Lastly, two developments in the region also help us understand this whole affair even better. One happened in the US, at some American university. The Namibian President was asked a similar question as put to the Tswana President by Reuters, only this time by some character who claimed to be a citizen of Zimbabwe. And the response of the Namibian President — oh my God, what a stark difference with that of Khama! Not only did it show maturity; it exhibited a firm grasp of the length and breadth of his own authority as the leader of Namibia, a country in sadc. Zimbabwe was a sovereign country, he maintained, with its political questions falling exclusively on Zimbabweans whose sole province it was to resolve them. Such was the ethos of sadc, he added. By contrast, Khama tried abortively to be transcendental. Abortively because there is practically nothing he can do about those politics obtaining here, try as hard as he may. In fact, he has tried to be the power behind Morgan Tsvangirai and his MDC-T, but to no avail.

There is not much to suggest that he will fare any better now or in future, however old he thinks Mugabe may be. After all it is not about the age of Zimbabwe’s leadership; it is about Zimbabwe’s sovereignty, something Botswana under Ian’s father, Sir Seretse Khama, heroically struggled towards achieving. One hopes Khama the son has not misinterpreted the motive behind Sir Seretse’s glorious input alongside his Frontline States peers.

The one invite Mugabe will oblige
The second development relates to Lesotho, another sadc country which is also celebrating her 50th Anniversary only this coming week. President Mugabe has been invited and from what I understand, he is likely to honour that invitation. Just by so doing, President Mugabe will finally vividly make his point, relish his day through a damning comparison. He will be able to quietly chastise Khama, while showing the Batswana people how much of a huge cost their leader’s blunderous diplomacy is to the two peoples who are also close neighbours historically and even consanguineously.

PRESIDENT Mugabe

PRESIDENT Mugabe

But the whole contrast will once more bring to the fore how under Khama, Botswana has pursued a foreign policy which is non-Africa, non-sadc, non-collegial. And that Mugabe gets invited for national days of virtually most Sadc countries, suggests that skipping the national day of Botswana, to which he had been invited, can only be a statement against Khama, never against Mugabe and his rule. And the big question that begs is: if Khama’s Botswana has been non-African, non-sadc, non-collegial, what has it been? Gentle reader, I leave you to reach your own conclusion.

When viewpoints don’t matter
My last point has to do with the rule and tenure of President Robert Mugabe, vis-a-vis Sadc. It is also a point that applies to all Presidents in Sadc, in Africa and in the whole world. And, as the reader will discover, while the point is so obvious as to make its restatement redundant, the sheer ignorance of our clever opposition media make restating it so vital. Democratic leaders are in office because of national elections.

They are not in power because of endorsement by a leader of a neighbouring country, or a sub-region. Quite the contrary, both are forced by national electoral outcomes to recognise the leader of a given country. Secondly, the tenure of a sitting president, whether in sadc, on the African continent, or in any part of the world, is a function of a national constitution. It is not predicated on the whims or predilections of the leader of a neighbour or of a sub-regional organisation. Quite the contrary, both recognise the term as provided for by the constitution of the concerned country.

This holds for Botswana; holds for Zimbabwe, which is why the issue of quality of Khama’s leadership of his country is of no concern to the President of Zimbabwe. We could debate and debate and debate how well Khama has (mis)governed his people. We could debate and debate and debate on who gave Botswana the growth momentum that Khama inherited and, to his credit, has kept going but arguably within structures of persistent social inequities. But all that would be academic, only matters of the seminar room if held here in Zimbabwe and by Zimbabweans. The Tswanas are not expected to pay attention to our views at all, however solicitous we may be, whoever outsider we may seek to please. The trouble is to begin to think that our views on Khama matter to the Tswana nation and its whole governance processes. Simply they don’t, and, by reverse logic, Khama’s views on Mugabe can only be just that: airy views soon to be blown away into the nether.

Lending a thinking hand
The trouble is to accord those views any modicum of importance than they really deserve. As routinely does the opposition and its captive press. Mugabe does not need the endorsement of Khama, and this whole piece has had to be written not because Khama’s views matter, but because he seems to think they do when it comes to Zimbabwean politics. Much worse, because a fringe body of opinion in this country seems to think Khama matters. He does not, except in his own country and among his own people. A Mugabe who viciously fights western colonialism cannot be expected to relate charitably to interference from any other quarter, whatever its complexion, whatever its geographic placement on the world atlas. It is also this strange inclination in the national opposition here to think their cause in opposing and seeking to challenge the electoral dominance of Mugabe and his Zanu-PF can be assisted by a Khama who is losing by-elections in his own country which one finds a bit perplexing, infantile in fact. Or that his biting comments on Mugabe would make them any more legitimate claimants of the throne than what national processes would allow. I just thought I could lend a thinking hand. Just in case.

Icho!

nathaniel.manheru@zimpapers.co.zw

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