Paul Mundandi Sports Reporter
A NUMBER of local coaches, including Premiership title-winning coach Lloyd Chitembwe, have given their thumbs up to the provisional Warriors squad that was picked on Sunday ahead of next month’s African Cup of Nations soccer finals in Gabon.

Coach of the Year Chitembwe and his colleagues in the local Premiership have described the Warriors provisional squad for Gabon, that was released at the weekend, as the best that any mentor would come up with.

On Sunday, Warriors coach Callisto Pasuwa announced a 31-member squad made up of local and foreign-based players.

The squad largely comprises players that featured in the AFCON qualifiers.

And the squad will be trimmed to 23 before the team leaves for the tournament which begins in Gabon on February 14 and will play in Group B against the continent’s powerhouses Algeria, Tunisia and Senegal.

But the squad — which is expected to go into camp this Thursday — has received thumbs up from local coaches.

Chitembwe, basking in the glory of lifting this year’s league title with CAPS United, was full of admiration for Pasuwa.

“I respect what the coach has come up with and I support his ideas. You will never find a perfect team and to be honest, it does not exist.

“Barcelona, Real Madrid, Bayern Munich or AC Milan are not perfect, they have some positions with players that are not that good.

“Such a team (a perfect one) doesn’t exist in the world of football and coaching is different from opinions.

“Every coach can come up with a different team.

“Even if the team fails we must keep on supporting the coach.

“Football is difficult. It was not going to be practical for him (Pasuwa) to come up with a team that everyone was going to agree with,” said Chitembwe.

The former CAPS United midfielder said it is far from possible for everyone to agree with the selection of a single individual hence people should always respect the coach’s decision.

“The Germany team won the (last) World Cup title but some people were critical of the selection. Even Portugal won the European Championship but still some people did not agree with the team’s selection.

“Pasuwa has to try and do what pleases him, he can’t please everybody.

“Even Jesus when he was on earth he did not please everyone and some people still did not agree with him besides the miracles he performed.

“I am 120 percent behind Pasuwa.

“As a coach you have to make decisions that are not popular. I won the league title with CAPS United and at times my team or the decisions I made were not popular (with the fans),” said Chitembwe.

Veteran coach David “Yogi ’Mandigora, one of Pasuwa’s mentors, also put his full weight behind the enlarged Warriors squad for AFCON.

“It is a very good squad and I wish them all the best of luck.

“The players and the technical team need to have confidence. I am excited that the coach has blended youth and experience. I see Pasuwa and his team going far (in Gabon),” said Mandigora.

Dynamos mentor Lloyd Mutasa feels the Warriors coach widely consulted before announcing his squad.

“Pasuwa has worked with these boys (before), he knows them very well and they also know what their coach wants. The truth is you can’t take everyone to AFCON.

“Pasuwa knows his philosophy. He has reached this far, so why give him the players of our choice.

“Why should people impose players on him, to me that is immaturity.

“Pasuwa consults and he has never made his decisions alone.

“I worked with him at Kiglon, Highway and Shooting Stars. He is very professional, calm and result oriented,” said Mutasa.

The former FC Platinum coach also waded into the topical subject of the omission of Pure Platinum Boys goalie Petros Mhari.

The national team coach stuck with his two trusted lieutenants Tatenda Mukuruva and Bernard Donovan and then added two new faces in Ngezi Platinum’s Nelson Chadya and Takabva Mawaya of ZPC Kariba.

There has been a lot of debate mainly on the social media where some local soccer fans feel that the Soccer Star of the Year second runner-up Mhari, who was also the best goal-minder in the top-flight this year, should have been finally rewarded with a place in the Warriors squad.

“I have worked with Petros and Tatenda, they are all good goalkeepers. His (Pasuwa’s) team is not made up of newcomers but he has selected the players he once worked with for continuity purposes.

“I give him a plus for that because he has avoided experimenting with his squad,” said Mutasa.

How Mine’s Zambian coach Kelvin Kaindu also backed the squad.

“The squad announced is very strong and very solid.

“He (Pasuwa) will need grace to pick his final 23, especially the players that suits his philosophy.

“I wish the coach, his technical department and the Warriors God’s favour in the AFCON tournament and I hope they will they will go past the group stages and fly the Zimbabwean flag high,” said Kaindu.

 Zimbabwe provisional squad:

Goalkeepers: Donovan Bernard (How Mine), Tatenda Mukuruva (Dynamos), Nelson Chadya (Ngezi Platinum), Takabva Mawaya (ZPC Kariba).

Defenders: Costa Nhamoinesu (AC Sparta Praga), Blessing Moyo (Maritzburg United), Bruce Kangwa (Azam FC), Elisha Muroiwa (Dynamos), Hardlife Zvirekwi (CAPS United), Oscar Machapa (AS Vita Club), Liberty Chakoroma (Ngezi Platinum), Onismor Bhasera (Supersport United), Lawrence Mhlanga (Chicken Inn), Teenage Hadebe (Chicken Inn), Tendai Ndlovu (Highlanders).

Midfielders: Danny Phiri (Golden Arrows), Willard Katsande (Kaizer Chiefs), Khama Billiat (Mamelodi Sundowns), Raphael Kutinyu (Chicken Inn), Kudakwashe Mahachi (Golden Arrows), Marshall Mudehwe (FC Platinum), Talent Chawapiwa (ZPC Kariba), Marvelous Nakamba (Vitesse Arnhem), Ronald Chitiyo (Harare City).

Strikers: Cuthbert Malajila (Bidvest Wits), Evans Rusike (Maritzburg United), Knowledge Musona (KV Oostende), Nyasha Mushekwi (Dalian Yifang), Mathew Rusike (Helsingborgs IF), Tendai Ndoro (Orlando Pirates), Tinotenda Kadewere (Djurgardens IF).

Lloyd Gumbo: Senior Reporter

Zanu-PF should stamp out factionalism that threatens to destablise the revolutionary party ahead of the 2018 harmonised elections. The Zanu-PF national security department said if left unchecked, the vice could seriously affect internal stability.The recommendation is contained in the Central Committee report that was unveiled by President Mugabe at the 16th Annual National People’s Conference in Masvingo last week. The security department said there was need to promote unity and discipline, which would help to eliminate factionalism.

“Factionalism in the party, if it remains unchecked, will negatively affect internal stability,” reads the report. “Further, this undesirable behaviour distracts the party leadership and membership from serving the people.

“The party should not give the opposition political parties an opportunity to capitalise on factionalism and gain mileage in the 2018 elections. “Opposition political parties including the MDC-T, MDC-M and Zimbabwe People First (ZimPF) as well as civil organisations are fueling social unrest that has led to the destruction of property, threat to lives and distortion of the general state of security in the country.”

The report said this was worsened by international and social media that portrayed Zimbabwe as unstable, a development that negatively impacted on tourist arrivals, investment and the country’s ability to mobilise international lines of credit required to support the local industry.

“People who have ‘nothing to lose’ remain the greatest threat to the country’s security. These include the unemployed, homeless, hungry and individuals who see no light in Zimbabwe.

“This is being aggravated by the falsehoods and misinformation in the social and international media. “Widening inequalities and rising corruption are creating tension among people, which is a threat to national security,” reads the report.

The department also raised concern with the rising cases of murder, armed robberies, rape, domestic violence, smuggling of precious metals and theft. The Government and party continued to implement programmes such as the Command Agriculture, Arda Graduation and the Brazilian More Food Mechanisation Programme to alleviate hunger and promote food security in the country.

The department headed by Politburo member and State Security Minister Kembo Mohadi came up with a number of recommendations to address the security threats.

“Security within the party should be strengthened. There is need to understand the underlying reasons for factionalism and adopt appropriate strategies to manage it and promote unity. This should nonetheless, be done in a manner that does not destablise the party ahead of the 2018 elections.

“The party should strive to address issues facing ordinary people that it represents without of course, creating a culture of laziness and dependency on party handouts. The party needs to inculcate a culture that promotes hard work, accountability and ethical behaviour.

“Further, decisive measures to deal with crime, corruption and widening inequalities should be implemented. “The country’s security situation remains fairly stable despite the demonstrations experienced during the review period. “There is, however, need to remain vigilant and avoid creating situations that give opposition parties an opportunity to dig into Zanu-PF stronghold.

“The party should promote oneness and shun factionalism, which is detrimental to internal stability,” reads the report.

President Mugabe is on record castigating factionalism in the party imploring leaders to instead focus on promoting unity and development.

Thupeyo Muleya Beitbridge Bureau—
Zimbabwean and South African authorities have intensified efforts to fight an increase in the smuggling of children between the two countries’ boundary line. It is reported that 120 children have been intercepted along the boundary line since the beginning of December, prompting security agents to redouble their efforts in fighting the crime. A further 20 children were this year alone repatriated from the neighbouring country after being intercepted between Musina and Polokwane, en-route to Johannesburg.

It is reported that 23 others, which were intercepted in Musina on Sunday evening are yet to be repatriated.

The police officer commanding Beitbridge district (Dispol), Chief Superintendent Francis Phiri, said they have since intensified patrol along the many illegal crossing points along the Limpopo River, which include Dite, Panda-Mine, Mai Maria, Tshivhalamakula and River Ranch areas.

Limpopo’s police spokesperson, Brigadier Motlafela Mojapelo, said besides patrolling the boundary line, they were mounting a number of road blocks on all major roads in the province.

“We are not taking lightly on issues of irregular migration and child smuggling. We are out in full force to get the criminals and also reviewing our strategies in line with the modus operandi used by these criminals.

“The law will descend heavily on both the child traffickers and the parents,” said Chief Supt Phiri. He added that they had deployed adequately and would not tolerate any lawlessness along the country’s border.

His counterpart, Brig Mojapelo said they were working with a non-governmental organisation — Stop Trafficking of people to ensure that they bring all the criminals to book.

“Our officers have been thoroughly trained on detection skills and how best to handle issues of trafficking. “The Stop the Trafficking Organisation is also lobbying our Parliament to treat this crime with the gravity accorded to matters relating to domestic violence.

“It is important that the Parliament should come up with stiffer and deterrent laws to prevent the wilful abuse of children,” he said. Brig Mojapelo said the patrols, were continuous and that they were ready to deal with the criminals.

He added that irregular migration was rife in Limpopo province due to their proximity to Zimbabwe’s border. Zimbabwe’s Consul-General to South Africa, Mr Batiraishe Mukonoweshuro said the rate at which children were being smuggled across the border was appalling.

“We are very disappointed with the increased number of children being smuggles across Beitbridge border post and unmanned illegal crossing points. “Parents are urged to ensure that children travel by orthodox and traceable transport to avoid putting them at risk of abduction,” he said.

Mr Mukonoweshuro added that it was sad that most parents paid a lot of money to the traffickers instead of properly documenting them at a lower cost. It costs between 1500 and 2000 Rands to illegal transport a minor between Zimbabwe and South Africa, while an ordinary passport can be obtained at 530 Rands (in Zimbabwe).

He said in most cases it was difficult to trace and re-unite undocumented children with their parents. “Letting minors travel with strangers and inadequate documents makes them susceptible to crimes such as rape and sodomy,” he said.

He said it was important for parents travelling with their children to ensure that they carry passports and long birth certificates (with both paternity and maternity details), and a power of attorney in the case of single parents travelling with the children.

In December last year two children were attacked and killed by a hippopotamus under the New Limpopo Bridge while being smuggled to South Africa. Another 5 year old girl disappeared after the man who had been hired to transport her to the south of the Limpopo disappeared when they were attacked by a hippo.

Chief Justice Chidyausiku

Takunda Maodza Assistant News Editor—
HIGH Court judge Justice Charles Hungwe has slammed the Judicial Service Commission’s decision to hold interviews for the new Chief Justice’s post when it was aware Government had initiated a process to amend the Constitution and that the selection process was being contested in court. In his ruling in a case in which a University of Zimbabwe student, Romeo Taombera Zibani, wants the President to directly appoint a Chief Justice instead of appointment by interview, Justice Hungwe said Vice President Emmerson Mnangagwa, who oversees the Ministry of Justice and Legal Affairs, must be allowed to steer the changes to the Constitution.

In his urgent application, Zibani challenged the interviewing of judges by the JSC saying it was inappropriate in the search for a Chief Justice. Of the candidates eyeing the Chief Justice’s position, which falls vacant in February next year when Chief Justice Godfrey Chidyausiku retires, are two commissioners of the JSC.

The third is Secretary of the JSC.

The fourth is only a senior member of the bench.

Justice Hungwe concurred with Zibani that the whole process was inappropriate.

“It occurs to me that where a lawful process leads to an absurd result in the sense that colleagues select each other for entitlement to public office, as argued by the applicant, it cannot be sanctioned on the ground that it is provided for in the law. Such an approach is irrational. I therefore dismiss the challenge to locus standi on that basis,” he said.

“The applicant points to the root of his complaint in the founding affidavit this way. The fifth respondent (Justice Luke Malaba) and eighth respondent (Judge President George Chiweshe) are part of the commission, the JSC, which is the first respondent. The sixth respondent (Justice Rita Makarau) is its secretary as well as judge of appeal in the Supreme Court where the seventh respondent (Justice Paddington Garwe) also sits as judge of appeal.

He continued, “The eighth respondent, as Judge President, reports to the Chief Justice (Chidyausiku) who will chair the interviewing panel as prescribed by Section 180.

“The applicant contends that over time, relationships have formed between and amongst these individuals which may result in either prejudicial bias or favourable bias between and amongst them. He describes their relationship as incestuous. He complains that in the public perception, such situation offends the integrity of the whole process thereby striking at the heart of the values of the Constitution.”

Justice Hungwe said this explained why VP Mnangagwa, in his capacity as the overseer of the Justice and Legal Affairs Ministry, should be allowed to correct the anomaly via amendment of the Constitution.

“The third respondent (VP Mnangagwa) has decided to correct the situation through a proposed amendment to Section 180. Clearly, the third respondent ought to be allowed to steer that process in the interest of the integrity of the process. How this correction is to be achieved becomes a policy issue which the third respondent is eminently equipped to address,” he said.

Justice Hungwe said courts ought to take notice of such intentions by the policy-makers.

“In this vein, I consider that when the policy-maker indicates an intention to make provision for an hitherto unforeseen eventuality, the courts would play their role by taking notice of such intention, and allow the people’s elected representatives to initiate such processes as would facilitate that journey on the development road.

“A slavish adherence by the judiciary to provisions which will clearly produce unintended consequences can only serve to arm the enemy of judicial independence to the detriment of our liberal constitutional values and objectives.”

The lawyer representing the JSC, Mr Addington Chinake had posited that the Constitution recognised judicial independence as a key pillar to separation of powers. He said the commission was mandated to fill vacancies in the courts whenever they occur.

“That far I agree. However, this argument implies that once a process has been started, no one can stop it, not even this court, because it is a lawful process. In the scheme of similar documents, I regard our Constitution as a transformative charter which underscores the need for an independent judiciary.”

He said while the courts jealously guarded judicial independence, the judiciary owed it to the public to be accountable politically, decisionally and behaviourally.

“In this regard therefore I disagree that there should be slavish adherence to the separation of powers doctrine as Mr Chinake seems to suggest in his submission. Just as the autonomy of independent commission is important, their accountability is also crucial given that accountability is a core pre-condition for legitimacy of all State institutions. As with judges, the issue of accountability arises because of their autonomy,” said Justice Hungwe.

He said independent commissions risked being hijacked for obscure reasons.

“As is now widely accepted worldwide, there may be the possibility that the independent commissions may engage in corruption or pursue partisan interests rather than the public interest. This speaks to the need for oversight over independent commissions given the reality that when any State organ is left unchecked it can run amok and perpetrate the very ills it is mandated to curb. There is also need for political accountability in the form of accountability to the elected representatives of the people. In a democracy all parts of Government ought to be accountable to the people.”

Justice Hungwe partly agreed with Mr Chinake that a draft memorandum addressed to Cabinet by VP Mnangagwa highlighting principles of the proposed amendment to the Constitution do not constitute part of the law.

This was after Mr Chinake argued that the JSC could not be stopped from executing its constitutional mandate on the basis of the draft amendment. Justice Hungwe, however, highlighted that it was improper for the JSC to press ahead with the interviews, which it later held basing on an appeal it had noted.

“If this argument is seriously made then it reflects poorly on the first respondent’s (JSC) perception of its role, which would be unfortunate because it suggests that even in the face of a clear intention of the policy-makers, the first respondent (JSC) is bent on proceeding with a process which the applicant is challenging and which challenge appears to have caught the attention of the policy-maker.

“It does not need a rocket scientist to see the genesis of a possible but hardly unnecessary conflict between the two arms of the State. Once a court is briefed on the intention of the policy-maker, as in the present case, where the court is seized with an application by a private citizen regarding the probable infringement of a prima facie right, it would be remiss of the court to disregard that advice when deciding whether to grant the relief sought or not,” he said.

Justice Hungwe noted that Zibani’s fears had been vindicated by the JSC’s behaviour.

“The applicant’s fears are quite clearly vindicated by the first respondent, who appears quite determined to achieve, for some obscure motive of its own, a fulfillment of its constitutional obligation against opposition,” said Justice Hungwe.

“As an example, Mr Chinake had the temerity to instill the fear of a constitutional crisis should the process be stayed. This crisis probably resides in his client’s imagination only because the Constitution clearly provides that in the absence of the Chief Justice, the Deputy Chief Justice acts in his stead. It also states that in the absence of the Deputy Chief Justice, then the next senior judge acts as Chief Justice and so on. I am not persuaded that any crisis will envelop this country should the process be stayed pending the determination of the matter.”

He also dismissed Mr Chinake’s claim that Zibani had sued the wrong parties.

Zibani cites as respondents the JSC, President Mugabe, VP Mnangagwa, Chief Justice Godfrey Chidyausiku, Deputy Chief Justice Luke Malaba, Justice Rita Makarau, Justice Paddington Garwe and Judge President Justice George Chiweshe in that order.

Said Justice Hungwe, “In his penultimate objections, Mr Chinake contends that the applicant sued the wrong party. The converse of this argument is that the applicant has not cited the correct parties. In Mr Chinake’s estimation, since the first respondent (JSC) does not enact laws of this country, the applicant must lobby for a change in the law in the right quarters and leave the first respondent to execute its mandate as set out in the Constitution…The first respondent needs to enjoy its independence as much as the law presently provided can allow. This argument, if I understood counsel correctly, which I believe I did, boils down to a claim that the order sought will compromise the first respondent’s independence.

“Again I find myself in respectful disagreement with the argument. Whilst the first respondent is constitutionally mandated to administer the affairs of the judiciary in Zimbabwe, it does not do so in a vacuum. The fact that the first respondent is an independent commission is given in the Constitution…

“However, while the first respondent is one of the many independent commissions under the Constitution, it needs the co-operation of the other two arms of the State, in the spirit of comity between different branches of Government. The first respondent is the principal duty-bearer in ensuring that the intention of the law-giver; Parliament and the Executive and ultimately, the people of Zimbabwe, are subjected to good governance,” he said.

He ruled that VP Mnangagwa was naturally bound to have interest in the matter.

“As the Minister responsible for the administration of justice and in his capacity as Leader of the House, any matter which he deems appropriate for further scrutiny in the public interest and in the furtherance of due proper administration of justice and the law in Zimbabwe ought to concern him.

“In this regard, it will be clear that when he expresses an intention to bring for public debate, the other arms of the State ought to take notice and respond on the basis of that reality,” he said.

“In this regard the third respondent (VP Mnangagwa) indicates appropriately through his agent, that he has recommended to the ultimate authority that there may need to amend Section 180 of the Constitution of Zimbabwe depending of course on whatever the public may input during the necessary processes. This is as it should be. I am therefore unable to accept that objection that the applicant cited the wrong parties or that the correct parties were not cited.”

Justice Hungwe also dismissed the JSC’s contention that Zibani’s application was not urgent.

For those reasons, he granted Zibani’s application.

The judgment was released on December 12.

Elita Chikwati Senior Agriculture Reporter—
AN acute shortage of fertiliser is looming after producers failed to get enough foreign currency to import raw materials, the Parliamentary Portfolio Committee on Agriculture, Mechanisation and Irrigation Development heard yesterday. It also emerged that some fertiliser firms have raw materials and fertiliser in their warehouses held under a collateral management agreement, but can only be accessed after paying external suppliers.

The Herald has it on good authority that foreign suppliers had the active ingredients stocked in South Africa and Mozambique, waiting to be dispatched to Zimbabwe upon full payment.

The firms appealed to the Government to increase the amount of foreign currency allocation to enable them to meet their contractual obligations and all farmers have enough fertiliser.

Maize grown under the scheme is on different stages of growth, with the irrigated crop already above knee level. The committee visited Omnia Fertiliser Zimbabwe plant in Banket and ZFC Limited in Harare to assess challenges being faced by the industry.

Both companies said though Government prioritised them on foreign currency, the money was not enough to import critical materials. Committee chairman Cde Christopher Chitindi said he was happy that Government prioritised fertiliser production, but said the Reserve Bank of Zimbabwe should increase its offerings so that the companies could produce more.

“Compound fertilisers are now late. To date, ZFC has delivered only 20 000 tonnes of compound D, which is half of the target. We have also realised that contracts should be made early. For instance ZFC Ltd signed a contract on October 10 and this was rather late. Contracts should be signed early for early planning,” he said.

ZFC Ltd managing director, Dr Richard Dafana told the committee that the company required $6 million to complete their obligations under Command Agriculture. He said the company was not operating at full capacity because of foreign currency challenges, as they constantly run out of raw materials.

Dr Dafana said the industry started experiencing foreign currency challenges mid-year. “ZFC is on the top list of Government’s priority for foreign currency, but that does not mean we get the money we require. Recently, we received $100 000 from the Reserve Bank of Zimbabwe, but still, we cannot meet our requirements.

“Our suppliers used to give us raw materials on credit but as we started experiencing challenges, they also started rationing the materials. Now they only release the materials after payment. We have fertilisers in our stock but under the collateral management agreement, and we cannot use them as long as we have not made payments,” he said.

He said the company was also supplying other customers outside Command Agriculture, thereby stretching capacity.

“We are now producing from hand-to-mouth. Fertiliser companies should get the lion’s share on foreign currency especially now when we have an important cropping programme.

“It is best that priority is given to save the crop so that we do not end up importing food. We have high rainfall this year, which is favourable for crop production. We are afraid we may continue to produce the compound fertilisers when the nutrients will no longer be required by the crops,” he said.

Omnia finance director, Mrs Anne Munetsi, said the company was contracted by Government to provide 6 800 tonnes of Ammonium Nitrate and had already supplied 5 000 tonnes.

She said Omnia Zimbabwe was providing gas to Sable chemicals to enable production of the Ammonium Nitrate. “We have been experiencing challenges to access foreign currency to buy raw materials. All along, we never used to supply gas to Sable, but because of the current situation we have to assist,” she said.

Omnia Zimbabwe, which is wholly owned by South African company and funded by Omnia Mauritius, said it could not continue accessing raw materials as the funders required their money in 180 days.

“We also blend fertilisers, but the process is hampered by shortage of raw materials, as a result of foreign currency challenge. Our bins, which are supposed to have raw materials, are empty now and normally during this time of the year they would be full.

“We got a permit to import 4 000 tonnes of urea duty-free. This year has been tough for us as our local manufacturers of raw materials Zimphos and Sable Chemicals have not been operating at full capacity,” she said.

Omnia marketing manager, Ms Samkelo Moyo, said the company was also affected by the long period taken to renew import permits. “The permits expire and it takes long before they can be renewed and this also affects procurement of raw materials,” she said.

Farmers have planted 33 932 hectares of maize under the command agriculture scheme.

As of December 6, 135 260 hectares of land had been tilled and 33 932 ha planted, with 33 931 farmers contracted having received 76 percent of their maize seed supply, 38 percent of compound D, 3 percent of lime and 20 percent of fuel as at 6 December 2016.

The programme is targeted at subsidising imports and boosting national food security. Dr Dafana said talks of command agriculture started in May and at that time, the fertiliser industry indicated to Government then that it had 40 000 tonnes of compound D and 60 000 tonnes of top dressing for the 2016/17 farming season.

“We also indicated that the industry had the capacity to produce an additional 200 000 tonnes. We told Government we had to import nitrogen for manufacturing of ammonium nitrate,” he said.

He said after ZFC Ltd signed a contract on October 10, it was supposed to get 50 percent of the payment, but this did not come once, but came in tranches. ZFC is also supplying other private customers.

The company has 15 000 tonnes of nitrogen, but they have to pay for the release since it is under collateral management agreement. “Suppliers have the raw materials in South Africa and Mozambique, waiting for the payments and will only release after payments,” he said.

Information, Media and Broadcasting Services Minister Dr Christopher Mushohwe addresses an end of year reception he hosted for journalists in Harare yesterday.

Lovemore Chikova News Editor—
Government has urged media houses to invest in programmes that promote high ethical standards next year to avoid a repeat of the low standards that characterised the sector this year. Speaking at an end-of-year reception hosted by his ministry, Information, Media and Broadcasting Services in Harare yesterday,Dr Christopher Mushohwe said the media needed genuine editorial leadership.

“In the area of editorial performance and ethical standards, real challenges are evident and show signs of persisting in the new year,” he said. “If truth be said, the industry remains in the throes of an ethical morass, with editorial practices which verge on blatant lapses in professionalism going uncorrected. That is sad.

“A combination of retraining, rigorous in-house standards, shareholder guidance and genuine editorial leadership, should see us faring a lot better in 2017.” Dr Mushohwe said Government believed in self-regulation by the media, but that could only work if the practitioners were prepared to uphold it.

“It will be a sad day indeed when requirements of professional and ethical discipline will have to be imported into your workplaces,” he said. “That day should never come, which is why we must act consistent with the mores of the craft which are so clear and so well known, and which find a loud echo in our laws.”

Dr Mushohwe said this year saw Government making significant investments in media infrastructure and “registered key milestones on the road to migration and digitisation of the broadcast sector”.

He said while the digitisation programme was far from completion, the targets were well in sight. “More remains to be done in respect of the television broadcast culture and the year ahead will see us pay particular attention to work attitudes and professional givenness in that crucial area of communication,” said Dr Mushohwe.

“New hardware must be complemented by new professional and performance outlooks if the sub-sector is to show a new face, acquire a new tempo and reposition for global competition.”

Dr Mushohwe said it was encouraging that tariffs for subscription services in the broadcasting industry were beginning to go down, becoming accessible and affordable to more Zimbabweans.

He said with the broadcast industry getting plural and with the coming of Digital Terrestrial Television services, Government expected its goal of universal access to broadcast services to be achieved.

Dr Mushohwe said Government hoped that prospective broadcasters who received licences from the Broadcasting Authority of Zimbabwe (BAZ) but failed to start work, should be on air in the new year.

BAZ would be in a position to invite new applications for additional services when the new radio stations were fully established,” he said.

He said the joint sessions of managements of different publishers in the print media held this year were encouraging. Dr Mushohwe said while it was too early for the sessions to transform into joint investments, there was an increasing possibility of that happening.

He said his ministry will in the next year lead a process of developing comprehensive policies for all facets of the media industry. There were a wide range of documentation to back the process, including the recently produced Information and Media Panel of Inquiry report, said Dr Mushohwe.

He encouraged particular attention to be paid to the development of content, especially in this era of converged media, to help turn Zimbabwe into a “veritable continental content hub the way India and Nigeria have become”. The media reception was attended by both local and international journalists from various media houses.

Patrick Chitumba Midlands Bureau—
SOME farmers countrywide are selling seed and fertiliser allocated to them under the Presidential Inputs Scheme, Agriculture, Mechanisation and Irrigation Development Deputy Minister Cde Davis Marapira has said. He said the problem started in Mashonaland East and Manicaland provinces. “While all the provinces have been doing well in the distribution of farming inputs to farmers across the country, we are saddened by the latest development where we have heard of unscrupulous people who are now reselling the farming inputs. It is a sad development for the country because the Government invested millions of dollars to boast the agriculture sector and some anti-development people are going against progress.

“The reselling of farming inputs started in Mashonaland East into Manicaland and is now spread across the country. Let me warm the perpetrators that if they are caught, the full wrath of the law will decent on them.”

Cde Marapira said he believed that such malcontents were not real farmers but detractors burnt on causing mayhem and disorder. “These are the same people who then go on top of mountains saying the Government is doing nothing to address the issue of food security. These are the people who are anti government, anti production, anti development and will be arrested if they are caught,” he said.

Cde Marapira said they were still compiling data to see the tonnage of inputs that was resold. Meanwhile, Cde Marapira said farmers should complement Government by investing in pesticides to kill, repel, or control certain forms of plant or animal life that are a threat to their crops.

He said while Government intervenes when there was a national disaster like the outbreak of armyworm, reports of an outbreak of stalk borer in parts of the Midlands Province should be dealt with accordingly by the affected farmers.

“I appeal to farmers across the country to monitor their crops and act decisively every time their crops are affected instead of waiting on Government for everything.” The distribution of agricultural inputs under the Presidential Inputs Support Scheme is set to benefit over 600 000 households nationwide this year.

The scheme will complement the Command Agriculture programme under which Government is expected to finance 400 000 hectares of maize this season.

VP Mnangagwa

Herald Reporters—
Zimbabweans have been urged to continue cherishing the Unity Accord signed in 1987 by Zanu (PF) and PF Zapu as it created a conducive environment for peace and development. The two liberation movements formed a united Zanu-PF after President Mugabe and the late Vice President Joshua Nkomo agreed to bring the two revolutionary parties together.

In separate interviews ahead of National Unity Day celebrations today, speaker-after-speaker extolled the virtues of national unity. Acting President Emmerson Mnangagwa said the unity between Zanu (PF) and PF Zapu was a legacy which must be carried forward to the next generations.

Zanu-PF, he said, will continue to be the major political party in the country even though there were small parties that subsist due to multi-party democracy. Zanu-PF Secretary for Administration Cde Ignatius Chombo said the stability the country was enjoying was due to the Unity Accord.

“The two parties Zanu and Zapu had the same ideology on taking of the land and empowerment of the people. “When independence came, they then resolved to unite because it was in the interest of the nation and unity became the backbone of development.

“The united Zanu-PF has existed up to today because our leaders had the foresight. They realised that if they did not unite, the enemy was going to find room to distabilise the country.”

Cde Chombo said President Mugabe and Vice President Nkomo put aside their personal interests and those of their political parties to unite the nation. Zanu-PF leaders in the two Matabeleland provinces implored the nation to embrace unity and diversity as people celebrated Unity Day.

Provincial chairman for Matabeleland South Cde Rabelani Choeni said the Unity Accord was about uniting Zimbabweans regardless of tribe or race. “We should also celebrate Unity Day, which is a very special day to all peace-loving Zimbabweans,” he said.

“It is important to respect this day which was born out of the zeal and quest to unite the people of Zimbabwe by our leaders President Mugabe and the late Vice President Joshua Nkomo.”

Cde Choeni urged people to shun tribalism and work together for the betterment of the country. His Matabeleland North counterpart Cde Richard Moyo denounced divisions along regional and tribal grounds, saying they hampered development and economic growth.

“We are what we are today because of the Unity Accord signed on December 22 in 1987 by President Mugabe and Dr Joshua Mqabuko Nkomo,” he said. “We should put our differences aside and unite for the purpose of developing our beloved country, which was won through a protracted struggle against the colonial regime.

“Zimbabwe is a country of cultural and tribal diversity and Unity Day is a special day to embrace each other as one nation.” Senator for Beitbridge Cde Tambudzani Mohadi said Unity Day was a special day that every Zimbabwean regardless of their political affiliation ought to cherish.

“This is a special day for all patriotic Zimbabweans,” she said. “Unity is vital to everyone irrespective of their political parties and we urge all people across the country to take this day seriously as we cherish unity, peace and development in Zimbabwe.”

Cde Mohadi said the Unity Accord resulted in an even distribution of resources in the country. “Every province has a State university, irrigation schemes are being rehabilitated all over the country and major roads linking our towns and cities and also being upgraded,” she said.

“That shows how committed our Government is as far as national development is concerned. We are saying everyone has a collective responsibility to work for our country.”

Zanu-PF Secretary for Youth Affairs Cde Kudzai Chipanga urged youths from across the political divide to unite and work together for the development of the nation.

He said Zimbabweans should put aside their political differences and work together as one family.

“December 22 is an important day to us as young people across political divide,” he said. “That is the day when our fathers, President Mugabe and the late Vice President Joshua Nkomo united against all odds.

“It must be a lesson to us that national interests supersede our personal interests. It is now our responsibility as young people to protect and preserve the unity, which was brought to us by our fathers.” Political analyst Mr Tendai Toto said commemorating the Unity Day was in line with the country’s Constitution.

“Celebrating Unity Day ensures that all citizens remain united, encompassing interaction between and among tribes in recognition of the Constitution of Zimbabwe that guarantees freedom of association, the use of diverse languages and cultural heritage,” he said.

“All these are fully realised when all tribes in Zimbabwe fully interact and are united.” Mr Toto said the Unity Accord should now be improved from only uniting the Ndelebe and Shona people to encompassing all tribes and dialects in Zimbabwe.

“Suffice to say that the Unity Accord now has graduated from incorporating the Ndebele people and uniting them with the majority of the Shona people to the encompassment of all tribes to unite,” said Mr Toto.

Another analyst Mr Godwine Mureriwa said Unity Day was traceable to the days of the First Chimurenga war when the indigenous people, regardless of sex and tribe united to fight.

“During that time, people had differences but they had to put the differences aside and fight the common enemy. “In 1980, a Unity Government was formed but differences arose culminating in the signing of the Unity Accord in 1987,” he said.

ZIFA president Phillip Chiyangwa – Picture by Wilson Kakurira

Grace Chingoma Senior Sports Reporter—
SPORT and Recreation Minister Makhosini Hlongwane has applauded his Cabinet colleague Supa Mandiwanzira for playing a key role in facilitating the NetOne sponsorship package that will bankroll the Warriors’ 2017 African Cup of Nations campaign. Mandiwanzira is Information, Communication and Technology, Postal and Courier Services Minister and oversees Government-owned mobile cellular company NetOne, among other parastatals.

NetOne, who have been providing handy support for football, sometimes heeding ZIFA’s last-minute calls for aid, yesterday took their romance with the national game to a higher level when they sealed a $250 000 package for the Warriors.

ZIFA president Phillip Chiyangwa chatting with Sports and recreation minister Makhosini Hlongwane

The money will be used sorely for the Warriors participation at the Nations Cup finals, which will run in Gabon from January 14 to February 5. NetOne’s timely boost will also help ZIFA avert the kind of problems such as bonus rows, which normally affect national teams ahead of such big tournaments.

Hlongwane revealed that Mandiwanzira had been instrumental in helping ZIFA secure the NetOne support. “I want to first and foremost thank my colleague, Minister of ICT Supa Mandiwanzira for doing this. First it is for working with all the parastatals that are under his area of influence to support sport in Zimbabwe.

“This is not the first time that the minister has come along to do that and before the current ZIFA board came, we worked very closely with the parastatals under Minister Mandiwanzira to make sure that the national team gets support, so I must really appreciate him most profoundly for that,” Hlongwane said.

Wariors coach Kalisto Pasuwa and team manager Sharif Mussa

Hlongwane also commended Mandiwanzira for taking “a fresh stance in appointing key personnel in some of the parastatals.

“Secondly, I must appreciate him for appointing sports persons to become chairs of those companies that fall under his ministry and one such person is Mr Peter Chingoka, well renowned sports administrator, having worked at the helm of cricket for many years and is now acting chair of NetOne and I hope that he is going to be confirmed substantive so that he can make those decisions without fear.

“So I want to appreciate Minister Mandiwanzira for that.

“When we have a sports person at the helm of an institution such as NetOne, when the sport movement approaches them to discuss matters around resources in sport, the conversation is not a difficult one because he is aware of the challenges they face,” said Hlongwane.

The acting chairperson Chingoka said they have unveiled the funds as they have done before to ZIFA and the $250 000 package is exclusively for the Warriors AFCON excursion.

He also congratulated the ZIFA president Philip Chiyangwa for clinching the COSAFA presidency in South Africa last weekend.

“In the past few years, NetOne has come on board to support football. Last year in August, the Mighty Warriors were on the verge of failing to fulfil an Olympic qualifying game against Cameroon and as NetOne, we came to the rescue and they qualified for the Olympics.

“In September, the Warriors almost failed to fulfil the Africa Cup of Nations qualifier and we chipped in with $100 000 and as we go to Gabon, we are happy to have played our part.

“I am pleased to announce NetOne, One Fusion $250 000 sponsorship to the team,” said Chingoka.

NetOne are also running a promotion for football fans through a SMS platform for all NetOne subscribers, where the fans stand to win 10 tickets to Gabon by simply sending a SMS to a short code, answering questions related to AFCON which will be asked on the platform.

In receiving, the sponsorship package, ZIFA boss Chiyangwa, said he will make sure that the association, which is still saddled by a huge debt will not lose a single cent of the money to their long list of creditors.

“We were at 53 Livingstone, but we had to vacate the premises because of debt collectors. “We will be confronting the creditors in the New Year and see if we can resolve and cut a deal since the debts were accumulated in our absence.

“I don’t want the money to go into a ZIFA account and suddenly get a garnishee order or court order, that’s why I said any sponsorship will go directly to the recipients and not through ZIFA so that no creditor can get hold of it,’’ Chiyangwa said.

Sports and recreation minister Makhosini Hlongwane shares a lighter moment with NetOne acting board chairman Peter Chingoka

Chiyangwa also assured Warriors coach Callisto Pasuwa, who was also present at the ceremony in the company of his players that when they report for camp, their allowances would be sorted since the money has already been availed.

The ZIFA boss also waded into the national team selection and backed the selection of his coach, who announced at the weekend the 31-member squad, which is expected to go into camp early next week to begin preparations for Gabon.

There has been a lot of debate around the selection, especially on the social media platforms and the ZIFA president jokingly said he also interferes with the selection but always listens to the coach when he explains to him how he would have come up with his squads.

“These players who are in the squad are the same players who qualified the team. “If he puts in new ones today because they have done well in a particular game and then they lose, the same people will start complaining why he changed the team that has been winning all along.

“There are many more qualifiers and tournaments that will come, so those in top form today will get their chance to play for the national team,” said Chiyangwa.

Fidelis Munyoro Chief Court Reporter
A British bank has failed to thwart a $4 million lawsuit by a Harare businessman for the financial loss his company suffered after the bank falsely classified the funds held in his account as proceeds of money laundering activities.

Justice David Mangota ruled on Wednesday that the claim against HSBC Bank by Mr Jayesh Shah’s company, AL Shams Global BVI, should go ahead at the High Court.

HSBC Bank is being sued for delictual damages after it allegedly scuttled a $22 million loan deal between Al Shams Global BVI and the Reserve Bank of Zimbabwe.

The bank had sought to bar Al Shams from prosecuting the civil suit on the grounds that its lawyers had filed heads of argument out of time.

To strengthen its bid to thwart the claim against it, the multi-national bank also filed a special plea of prescription, jurisdiction and an exception to AL Shams Global BVI’s summons.

In his ruling, Justice Mangota found that the degree of non-compliance with the rules which AL Shams Global BVI suffered was minimal and was not of its own making.

“The court has considered all the circumstances of this case. It is satisfied that the applicant (AL Shams Global BVI) proved its case on a balance of probabilities,” said Justice Mangota, allowing the company to file its papers, paving way for a hearing of the matter.

HSBC Bank in September 2006 reported to the Serious Organised Crime Agency (SOCA) that Mr Shah’s request to transfer almost $28 million to his other account in France was “suspicious”.

The allegations of money laundering in the UK later the following year adversely affected a $22 million loan deal his company, AL Shams Global BVI Limited, had struck with the RBZ.

According to the loan agreement, AL Shams Global BVI Limited, a company registered in the UK, would avail $22 million to the RBZ on a revolving basis.

In return, AL Shams Global BVI Limited would get an arrangement fee of 18 percent and a disbursement fee of one percent flat on the loan amount.

This would have earned Mr Shah’s company a profit of $4 180 000. After the deal was concluded, rumours spread in Harare that Mr Shah was suspected of money laundering in the UK. The RBZ became suspicious and cancelled the deal.

In the claim filed at the High Court, AL Shams Global BVI and Mr Shah are seeking to recover $3 960 000, being the arrangement fee of 18 percent flat on the loan amount and $220 000 disbursement fee of 1 percent of the loan from HSBC Private Bank (UK) Limited and its commercial bank, HSBC Bank.

Through its lawyers Dube, Manikai and Hwacha, AL Shams Global BVI argues that the claim arose from the loss suffered as a result of HSBC Holdings and its bank’s alleged interference with the loan deal after reporting Mr Shah to SOCA without just cause, resulting in the RBZ cancelling the loan deal.

The cancellation, AL Shams Global BVI said, was caused by HSBC’s failure to furnish information to the former or RBZ explaining the basis on which the Suspicious Activities Report had been made.

The bank, which is being represented by Advocate Adrian de Bourbon, is denying the claim and seeking an exception to the lawsuit.

Four years ago, Mr Shah sued HSBC for $300 million at the Court of Appeal in London for making false reports against him to SOCA in a case involving the transfer of close to $28 million to his account in France.

However, Justice Supperstone ruled in favour of HSBC Bank.

Daniel Nemukuyu Senior Court Reporter
The High Court has thrown out an urgent interdict application by Delta Beverages (Pvt) Limited, paving way for the Zimbabwe Revenue Authority (Zimra) to garnish the beverage maker’s bank accounts to recover over $26 million in outstanding taxes.

The interdict sought to block the garnish order.

The country’s biggest manufacturer of alcoholic and non-alcoholic drinks, according to Zimra, owes Government $26 897 509.

The debt emanated from unpaid income tax and other dues for the period 2009 to 2014.

Zimra is empowered by the law to garnish a company’s bank accounts or to employ other relevant collection methods, even if the firm is contesting the outstanding amount or the calculations used by the taxman.

After an assessment of the debt by the taxman, Delta went to the High Court seeking to bar the collection or garnish of the money pending a determination of the firm’s appeal that is pending at the Income Tax Appeals Court.

However, High Court judge Justice Hlekani Mwayera dismissed the application for lack of urgency.

“The application is not urgent and accordingly, it is ordered that the application be and is hereby struck off the urgent roll.

“The applicant shall bear the costs,” the judge ruled.

Justice Mwayera ruled that Delta failed to treat its matter with urgency, hence the court could not be expected to treat it as an urgent case.

“It is settled that a matter is viewed as urgent if the party seeking redress treats it as urgent.

“Applicants were aware of the assessed income tax and the ultimatum as far back as 14 April 2016 but did not seek to protect their right,” said the judge.

“The facts as presented show deliberate abstention until dooms’ day,” she said.

Justice Mwayera said Delta had an opportunity to submit a payment plan to Zimra pending an appeal, but the company wasted it.

“The applicant’s failure to submit a payment plan on the basis of an opinion that the assessment has no legal basis and as such is a legal nullity is the signal of a death knoll to urgency,” the judge said.

“The assessment came first, signalling the tax obligation, and this was way before the notification of enforcement measures setting in. The circumstances of this case depict in a very vivid manner, self-created urgency occasioned by sluggard approach to a financial situation,” ruled Justice Mwayera.

On April 14 2016, Zimra confirmed a tax assessment of $30 060 623, including penalty and interest, against Delta.

Delta was duly informed of the development through a letter dated April 14.

This came after an investigation into taxes due from 2009 to 2014.

Delta, in terms of Section 62 of the Income Tax Act, objected to the assessment but Zimra did not accede to the objection.

In May, the debt came down to $26 897 509 after some payments were made.

Last month, Zimra wrote to Delta informing it of its intention to institute measures to recover the debt.

After receiving the November letter, Delta rushed to the High Court with an urgent chamber application, which was declined.

Margaret Matibiri Herald Reporter
A 15-YEAR-OLD Marondera boy reportedly stole $3 000 from his parents and splashed the loot on a 31-year-old sex worker in Msasa Park, Harare.

The teenager met Rumbidzaishe Gwangangwa at night in the Avenues area before the two proceeded to the woman’s house where they had consensual sexual intercourse.

The two then agreed to stay together whereupon the minor reportedly bought property for his new-found lover using the stolen money.

Gwangwangwa appeared in court on Wednesday charged with having sexual intercourse with a minor.

She appeared before Harare magistrate Ms Anny Ndiyara and was remanded to January 13 for trial. She is out of custody on $20 bail.

Prosecuting, Ms Molleen Murozvi alleged that on December 16 at around 10:30pm the boy met Gwangwangwa in the Avenues area of Harare. It is alleged Gwangwangwa took him to her house in Msasa Park.

It is the State’s case that the two agreed to stay together as husband and wife.

Information later reached the teenager’s desperate father who lodged a police report, leading to Gwangwangwa’s arrest.

Takunda Maodza Assistant News Editor
FIRED NetOne boss Mr Reward Kangai reportedly caused the installation of base station towers at relatives’ homes for them to enjoy lucrative rentals from the parastatal. In some instances the beneficiaries are said to have received huge payments in advance, it has emerged.

A forensic report released recently indicates that one of the beneficiaries is Mr Kangai’s aunt, Ms Joyce Kangai of Goodhope, Harare.

NetOne has a standard template for lease agreements with landlords on whose properties it builds base station towers.

“We noted a memorandum dated March 3, 2014 in which Mr Wenga (a NetOne employee) was requesting Mr Kangai to approve the acquisition of a base station site for Stand 103 Goodhope, Harare. Mr Kangai referred the approval to other NetOne directors citing that Ms Kangai was his aunt and thus he was unable to approve the acquisition. NetOne, represented by Mr Tarupuwa, entered a lease agreement on March 20, 2014 with Ms Kangai noted as the lessor on the agreement,” states the forensic report.

The tenure of the agreement is 10 years.

“Total rentals throughout the lease were calculated to be $60 000. As of December 2015, Ms Joyce Kangai had been paid $12 000. From our review of the NetOne board minutes for the period January 1, 2009 to December 31, 2015, there is no evidence that Mr Kangai declared his relationship with Ms Kangai to the board. It would have been appropriate for Mr Kangai to refer the approval of the lease agreement to the board rather than have his subordinate authorise the transaction,” the auditors said.

In some instances NetOne reportedly paid landlords on whose properties it installed base stations rentals in advance.

An example is when one of the landlords, only identified as Ms Marongwe, wrote a letter to NetOne requesting a rental pre-payment of two years. The request was granted.

“According to the letter, there were urgent family matters that needed immediate attention. NetOne made a payment of $16 500 to Ms Marongwe on September 22, 2015. Out of this amount, $6 000 was for rental up to September 2015. The remaining $10 500 was a prepayment for the 21 month period from October 1, 2015 to June 30, 2017,” it stated.

Mr Kangai approved the transaction.

In a similar fashion, Mr Kangai approved an advance payment of $27 000 on April 30, 2013 to Pastor Eugene Nyathi of the Avondale Christian Church.

This was despite the fact that the lease agreement had no provisions for prepayments.

Richwood Park Paraplegic Club was also paid $12 000 of which $9 600 was prepayment beyond the 12 months stipulated in the lease agreement. Several other landlords were also paid the same way.

The report further notes that NetOne engaged two companies, Telsite Investments (Pvt) Ltd and Tower Resources (Pvt) Ltd, to secure base station sites on its behalf. Telsite was engaged to secure sites in Harare while Towers Resources secured in several towns and cities around the country.

“In the period under review, NetOne had no policy or procedure in place for the engagement of such third parties,” further reads the audit report.

The two companies were also engaged without following procedures and paid thousands of dollars.

NetOne also installed base station towers in Harare without approval of council, earning the parastatal close to $100 000 in regularisation fines.

Had NetOne followed due process the costs would have been minimal.

“NetOne would begin construction of a base station tower within Harare without having obtained approval from City of Harare. The City of Harare would then request NetOne to pay a regularisation fee which was pegged at $1 050 per site. We requested for a list of sites where a regularisation fee was paid during the period January 2009 to December 31, 2015,” reads the audit report.

NetOne furnished the auditors with 80 sites “and RTGS transfer instruction from NetOne to the City Of Harare amounting to $75 600 and retained $8 400 as withholding tax”.

Says the audit report: “The payment details stated that the funds were regularisation fees. Mr Boker Masasi (land management manager at City of Harare) said had NetOne obtained proper authorisation from City of Harare before construction, a fee of $230 per site would have been paid compared to a $1 050 regularisation fee. As a result of not following the City of Harare authorisation procedures, NetOne paid $65 600 as penalty fees.

‘At the time of reporting, Mr Masasi was yet to confirm whether these were the only sites for which NetOne paid regularisation fees during the period January 1, 2009 and 31 December 2015.”

The Kangai administration has since been fired. Mr Kangai is, however, challenging his dismissal at the High Court where he is seeking an order to compel his former employer to institute a disciplinary hearing against him.

Cynthia Dube Bulawayo Bureau—

At Masuku Primary School teacher collapsed and died on Wednesday while standing in a queue at the Plumtree Vehicle Inspection Department (VID), where she was awaiting her turn to obtain a driver’s licence.Mrs Eunice Sibanda (52) of Tshabalala suburb had been a teacher for the past 28 years, and Masuku Primary School was her last station.

Her daughter, Ms Lisa Sibanda, yesterday told the Chronicle that her mother was pronounced dead 30 minutes after she col- lapsed.

“My mum left early yesterday morning (Wednesday) for Plumtree. We were hoping to congratulate her since she was going to have a licence.

“We were shocked to receive a call in the afternoon from Plumtree saying that my mum had collapsed. We rushed to Plumtree but when we got there, VID officials directed my uncles to check for her body at a mortuary,” said Lisa in tears.

She said her mother was in good health on the day she left for Plumtree.

Mrs Sibanda’s family went to Plumtree yesterday to collect the body and the family will make funeral arrangements later.

An inconsolable Lisa told the Chronicle that she was badly shaken and heartbroken.

“My father died in 2006 and today it is my mother. I have a sibling and l am a second-year student at Midlands State University. We were supposed to celebrate my sister`s birthday tomorrow but we are now mourning,” said Lisa.

Mrs Sibanda is survived by two daughters and a niece who lived with her.

She recently graduated with a degree in Special Learning and was teaching a special class at Masuku Primary School.

Matabeleland South police spokesperson Inspector Philisani Ndebele could not be reached for a comment.

President Mugabe

Zvamaida Murwira Senior Reporter
Government yesterday gazetted Constitutional Amendment Bill (Number 1) which seeks to change the supreme law by providing that the President appoints the Chief Justice, Deputy Chief Justice and Judge President of the High Court.

The Bill follows weeks of debate on the provision in the Constitution which took away the President’s powers to appoint people to the three crucial positions.

The Constitution provides that the President appoints the Chief Justice from a list given to him by the Judicial Service Commission (JSC).

Also read:

• Justice Hungwe’s judgment on judges’ public interviews
• New twist to CJ succession 
• Chief Justice interviews suspended
• Bill to amend Constitution on cards

In compiling the list for appointment, the JSC advertises for the positions, inviting interested people to apply before conducting public interviews.

The proposed law to be known as Constitution of Zimbabwe Amendment Bill (Number 1) is contained in an Extraordinary Government Gazette published yesterday.

The proposed amendments will substitute Section 180 of the Constitution, which provides for the appointment of judges.

Clause Six of the Bill amends Section 180 of the present Constitution by providing that the President’s choice of Chief Justice, Deputy Chief Justice and Judge President of the High Court be final, should there be differences of choices between his nominee and those recommended by JSC.

“The Chief Justice, Deputy Chief Justice or Judge of the High Court shall be appointed by the President after consultation with the Judicial Service Commission,” reads Clause 6 (2) of the Bill.

“If the appointment of a Chief Justice, Deputy Chief Justice or Judge President of the High Court is not consistent with any recommendation made by the JSC in terms of subsection (2), the President shall cause the Senate to be informed as soon as is practicable. Provided

that, for the avoidance of doubt, it is declared that the decision of the President as to such appointment shall be final.”

The appointment procedures for all judges will remain as it is in the current Constitution.

Presently, appointment of judges is done after the JSC advertises for the positions, invite the President and the public to make nominations and conduct public interviews of prospective candidates.

The JSC would then prepare a list of three qualified persons as nominees before submitting their names to the President, who is obliged to appoint one person of the nominees to the office concerned.

If the President considered that none of the persons on the list submitted to him or her is suitable, he or she would request the JSC to submit another list, whereupon he or she would appoint the new office holder.

Clause Five of the Bill makes another amendment to the Constitution by providing that the Labour Court and Administrative Court be subordinate to the High Court.

“In conformity with Section 188 (4) of the Constitution, the salaries, allowances and other benefits of judges of the Labour Court and Administrative Court holding or acting in office as such on the date of commencement of this Act shall not be reduced,” reads Clause Five (2) of the Bill.

The Constitutional Amendment Bill is set to take three months before it is tabled before Parliament for debate.

It is the appointment of Chief Justice, Deputy Chief Justice and High Court Judge President that is expected to put to rest debate and stand-off that appeared to exist between JSC and the Executive.

The recent stand-off emanated from how Chief Justice Godfrey Chidyausiku should be replaced, as he is set to retire in February next year after attaining the mandatory retirement age of 70 years.

The JSC proceeded to hold interviews in terms of the present Constitution last week, despite a High Court order issued by Justice Charles Hungwe interdicting it from conducting the interviews as the Executive had indicated its intention to amend the Constitution.

This was after a University of Zimbabwe 4th year law student, Mr Romeo Zibani, challenged the interviewing process, arguing that it was flawed.

The Constitutional Amendment Bill is expected to sail through with little hassle as Zanu-PF commands more than two-thirds majority both in the National Assembly and Senate.

Primary and Secondary Education Minister Lazarus Dokora — flanked by Permanent Secretary Slyvia Utete-Masango — addresses the media on e-enrolment in Harare yesterday. — (Picture by Tawanda Mudimu)

Fidelis Munyoro Chief Court Reporter
The e-enrolment for 2017 Form One places implemented by the Ministry of Primary and Secondary Education will now proceed without hitches after the firm which challenged the system at the High Court withdrew the lawsuit yesterday.

Purple Divine Technology withdrew its challenge after High Court Judge Justice Tawanda Chitapi grilled it in his chambers over its legal standing to sue the ministry.

The software development firm had claimed ownership and control of the e-MAP, the on-line enrolment system and sought an interim order to stop the ministry from using it for the enrolment of 2017 Form One boarding pupils.

Also read:

• e-enrolment earns Dokora lawsuit
• Dokora in e-piracy storm
• Electronic application for Form 1 places

Primary and Secondary Education Minister Dr Lazarus Dokora, through his lawyers Advocate Webster Chinamhora assisted by Advocate Regina Mabwe successfully argued his case before Justice Chitapi.

Adv Chinamhora told the judge that Purple Divine Technology lacked locus standi to bring such an application.

He said a firm called ZimAssist owned the school enrolment software.

“The court has the wrong applicant,” argued Adv Chinamhora.

“ZimAssist, which applicant claims ownership, owns the e-MAP software. The applicant is therefore a busybody, claiming that which it never had.”

Adv Chinamhora said by its own allegations, the software firm was ill-suited to bring a claim against the minister.

Purple Divine Technology’s case became more feeble when Justice Chitapi made it clear that the application was defective and improperly before the court.

Dr Dokora welcomed the court outcome.

“People must learn to appreciate that which is helpful for the system,” he said in an interview. “We want a transparent mechanism that will assist all our people, rich and poor, all our people in the rural and urban areas, as well as the farming communities to benefit from a transparent system.”

Purple Divine Technology director Mr Nyasha Matongo filed the application on December 15 seeking to stop Dr Dokora from using the e-MAP software.

He accused the Minister of stealing and pirating his idea.

In a bid to strengthen his case, Mr Matongo attached minutes of meetings held with the Ministry along with other correspondence between the two parties.

Speaking at a press conference yesterday, Dr Dokora said 73 percent of the 24 000 available places for Form One were already taken using the new system.

“The balance is split between few schools that have yet to receive a full complement of the applicants, either through the manual override system (parents going directly to schools) or through ministry on-line system,” he said.

“Please, be advised that those who wish to travel to the schools or use the on-line registration are equally welcome. We thank our valued stakeholders for shunning corruption and embracing tools that enhance transparency and the ease of doing business.”

Of the 329 549 Form One entrants, only 24 000 could be accommodated in boarding schools.

This year, Dr Dokora said, the ministry recorded the highest number of young learners transitioning into Form One.

“We anticipate a surge in the infant classes as our stakeholders continue to trust the vision of President Mugabe that every child be granted access to basic education.”

Lloyd Gumbo Senior Reporter
THE Zimbabwe Revenue Authority will now conduct polygraph testing of its employees, particularly those deployed at ports of entry and exit as the revenue collector intensifies its fight against corruption.

However, workers are livid over the move which they view as an infringement on their rights.

A polygraph also known as a lie detector, measures and records several physiological indices such as blood pressure, pulse, respiration and skin conductivity at a time one is being asked and answering a series of questions.

Zimra acting human resources and administration director Mrs Gamuchirai Makwangudze wrote to Zimbabwe Revenue Authority Trade Union (Zimratu) on December, 19, 2016, advising them of the directive from the Ministry of Finance and Economic Development.

“Reference is made to the discussion between the Zimratu president and the head of employee relations over the phone on the 17th December 2016,” said Mrs Makwangudze.

“During the meeting held on the 19th of August 2016, you were informed that the authority had received a directive from the Ministry of Finance and Economic Development to carry out polygraph testing of employees.

“We would like to inform you that the Zimbabwe Revenue Authority is now proceeding with the implementation of polygraph testing of employees transferred to strategic locations in the authority starting with those transferred to Beitbridge Border Post.”

She said the first batch were expected to go for testing between Tuesday and Friday this week.

“We note with grave concern your continuous violation of the workers’ rights by initiating a polygraph process unilaterally,” said Zimratu president Mr John Chirenda in his response.

“The union would also want to categorically deny ever discussing with Zimra this subject on the said date of 19 August 2016.

‘The issue discussed on the date in question was the abrupt transfer of workers by Zimra.

“The union would want to remind you that your intended actions are a serious and direct violation of Zimra workers.

“Zimratu is thus urging you to stop your planned tests and engage the union on this matter.”

The revenue collector recently embarked on a massive employee lifestyle audit including personal bank accounts, mobile money transfer and a search with the Deeds office to establish properties registered in its employees’ names or those of their nuclear family.

Employees are then asked to justify any suspicious bank deposits, mobile money transfer transactions and the source of funds for properties in their names, spouse or children’s names.

It is understood that hordes of employees, who failed to justify their transactions or the source of income for their properties have been sent packing on suspicion that they were engaged in corrupt activities.

Walter Nyamukondiwa: Chinhoyi Bureau

The long standing partnership between the Zimbabwe Defence Forces and its Chinese partners has significantly contributed to mechanisation and full utilisation of land as more than 2 000 hectares have been put under various crops in Mashonaland West province.Consummated as a buffer against sanctions-induced food shortages, the Zim-China Wanjin Agricultural Development Company, has managed to put 1240ha of land under maize. At least 530ha of the total land under the maize crop is being supported through Government initiated Command Agriculture Programme.

The joint venture programme has grown in leaps and bounds from 420ha of land at inception in 2011 to more than 2 000ha. Benefiting from China’s technological advances and financial injection, the company now boasts of state-of-the-art farming equipment including centre pivots, tractors, discs and harrows.

Zim-China Wanjin Company is operating at Chinhoyi’s Hunyani Farm, Arda Sisi, Chizasi Farm, Krystal, Kasama and Chivero Farms, where separate arrangements have been made. The joint venture follows an agreement between the Ministry of Defence and Anhui Provincial State Farms Group of China.

One of the project supervisors, Major Tichadini Masanganise, said the project was a direct response to President Mugabe’s call for the country to Look East in the aftermath of western hostilities.

“We have continued to grow because we are focused on achieving the targets we set for ourselves. “We have benefited immensely from the partnership through technology transfer and the vast experience they have in agriculture,” said Maj Masanganise.

The company has so far managed to install two centre pivots at Hunyani Farm, another two at Krystal Farm and another one at Arda Sisi. It is set to take delivery of 10 other pivots for Arda Sisi from China in early 2017. All the centre pivots have the capacity to irrigate 65ha each.

Maj Masanganise said the objective was to leverage on China’s advanced technology, management skills and experience to improve production and yields with the venture also into soya bean, tobacco and cotton.

At least 550ha are under soya beans, 240ha tobacco and 150ha cotton. Employing around 800 people during peak season, the company is also supporting downstream industries including suppliers of inputs, spares, oils and fuel among others.

“We have been consistent in our production levels with average yields of around 6 tonnes per hectare which we are looking at ways of improving. “However, this is the average but we manage more than that at some farms,” he said.

Zimbabwe has been under Western imposed sanctions since 2000 and has been employing various interventions to reduce their impact.

Ms Jazi Nyarugwe(left) and Mr Fungai Nyamhandu mourn their deceased relatives yesterday. In the background are the remins of the house and a commuter omnibus that were gutted by fire in Overspill, Epworth, on Christmas Day. – Picture by Kudakwashe Hunda

Innocent Ruwende: Senior Reporter

Two people died, while four others are battling for life at a city hospital after they were seriously burnt in a petrol and cooking gas explosion in Overspill, Epworth, on Christmas Day.What had promised to be a funfilled Christmas commemoration for two families ended tragically as the inferno also engulfed three cars and destroyed property worth thousands of dollars.

On the fateful day, a petrol dealer, Claude Nyamandu popularly known as “DeMbare”, and his young brother’s family from Waterfalls, had gathered to celebrate Christmas together.

His sibling was braaing outside the house while their wives were cooking on gas stoves in the house. Nyamandu allegedly sought the help of his neighbours’ son, Given Chinyamukwanguke (5), to hold a funnel while he poured petrol into a generator so that he could provide entertainment for the Christmas celebrations.

It is alleged that as he poured the fuel, suddenly the whole place was engulfed by a huge ball of fire and the adults rushed into a bedroom and locked themselves up.

However, the neighbours’ son was not as lucky as he was engulfed by the fire together with Nyamandu’s brother’s five-year-old daughter. It is alleged that although neighbours finally put out the fire, the presence of the fuel in Nyamandu’s premises made it difficult to put out the fire.

It is suspected that the fuel caused the fire and that the liquid petroleum gas worsened the situation. A funeral wake was underway yesterday at the Chinyamukwanguke homestead in Epworth. Family spokesperson Mr Christopher Mujeyi said they were treating the incident as an accident.

“It is normal for children to play next door. We took the whole incident as an accident. However, we urge people who deal with flammable substances to find suitable premises away from homesteads to avoid such incidents.

“We also need a service station in Epworth because some of these things are being caused by the need for fuel. We do not have electricity here, so a number of people use generators,” he said.

Although police spokesperson Senior Assistant Commissioner Charity Charamba could not be reached for a comment yesterday, police officers close to the matter confirmed the development.

Meanwhile, backyard filling stations are posing a danger to residents in Mutare as cheap Mozambican petrol is being smuggled into the border town.

The situation has resulted in business plummeting for service stations as motorists frequent backyard service stations with one in the Central Business District popularly known as kwaMutsa which is near 3 Brigade Maintenance Barracks being popular.

Illegal fuel dealings at the place are endangering the lives of the public as it is located near a supermarket, Civic Centre and Zesa premises.

An illegal restaurant also operates from the premises where the fuel is sold posing a great risk. The dealers are buying unleaded petrol at a cost of $0,50 a litre and reselling it on the black market for $1,10 per litre while diesel goes for $0,80.

Service stations are selling petrol at between $1,27 and $1,32 per litre, while the cost of diesel ranges from $1,15 to $1,20 per litre.

Chief Supt Nyathi

l 16 people killed on roads in 106 accidents

l Fatalities up 300 percent on last year’s toll

Crime Reporter

SIXTEEN people were killed while 45 others were injured in 106 road traffic accidents that occurred on Christmas Day compared to only four deaths last year, representing a 300 percent increase in the number of fatalities.Although police could not readily release the total number of deaths from December 15 when the festive period officially started, the 16 deaths in one day this year compared to four last year were disturbing given that many motorists failed to travel due to liquidity constraints.

Indications so far are that speeding and overtaking errors were to blame for most of the accidents. According to statistics released by the police yesterday, 106 accidents were recorded on Christmas Day this year alone compared to 81 recorded in 2015.

Statistics for yesterday’s road accidents were not available. Police national spokesperson Chief Superintendent Paul Nyathi said there were no major fatal road accidents on the country’s highways on December 25 although the death toll still remained a cause for concern.

“Most of the accidents recorded involved private vehicles. Most of these fatal road accidents involved pedestrians who were hit while trying to cross the roads and there were no major fatal road accidents that were recorded along the highways,” he said.

Chief Supt Nyathi appealed to drivers to be cautious on the roads and to respect other road users and obey traffic laws. He said most roads were in a bad state because of the rains and called for more alertness when driving.

He said the police, in conjunction with the Traffic Safety Council of Zimbabwe would continue to carry out campaigns to ensure safety on the roads. The number of motorists arrested for committing various traffic-related offences on Christmas Day dropped to 6 855 compared to 7 017 last year.

Chief Supt Nyathi said they impounded 90 unroadworthy vehicles that had serious defects compared to 69 last year. According to the 2014 Annual Zimbabwe Republic Police Traffic Report, an average of five people died daily in road traffic accidents between 2009 and 2014, while two were injured every hour.

Chief police spokesperson Senior Assistant Commissioner Charity Charamba said it was important to observe road traffic laws and warned violators that they would be arrested.

She said speeding and overloading were offences punishable at law. Drivers have also been discouraged from crossing flooded rivers and bridges. Early last month, police expressed concern at the surge in fatal road accidents caused by tyre bursts.

They said 6 percent of fatal accidents that occurred in August were due to tyre bursts and this was blamed on the use of second-hand tyres. High temperatures, overloading and speeding were cited among the main reasons for tyre bursts. Other causes included incorrect tyre pressure.

Under-inflation, tyre size and potholes have also contributed to tyre bursts. In August, the police and the Traffic Safety Council of Zimbabwe carried out research on accidents involving tyre bursts following a series of fatal road accidents.

Indications were that the research results could lead to legislation compelling motorists who import second-hand vehicles from Asia and Europe to change tyres before driving them on Zimbabwe’s roads.