Statement regarding MDC negotiations

We have noted the comments attributed to Morgan Tsvangirai this past weekend, in particular the following statement:

“On our part, there have been calls across the board for unity within the MDC. I have argued against elite pacts. I have argued against attempts to pick-up individuals for specific party positions. That process cannot be regarded as uniting the party. Such a process is insincere and leads to fresh political setbacks.
Whatever we seek to do must be comprehensive and honest.”

We believe that it is now important to put the record straight regarding the state of the negotiations between the two formations of the MDC.

In the aftermath of the assault of Trudy Stevenson last year it was agreed that there should be negotiations between the two formations of the MDC to formulate a functional working relationship between the two political entities. Accordingly in August 2006 each formation of the MDC appointed a 4 person negotiation team; the Tsvangirai formation’s team was led by Tendai Biti and the Mutambara formation’s team was led by Welshman Ncube.

In the first meeting held in August the two negotiating teams drafted a code of conduct which amongst other things stated both formations’ commitment to non-violence and which set up the mechanism to reduce tensions between the two formations. In the meeting it was agreed between the two negotiating teams that for the code of conduct to be successful there needed to be buy in from the leadership of both formations and widespread publicity given to any final agreement. In the same meeting there was a detailed discussion regarding how the assets of the former united MDC could be split so that two separate political parties with distinct identities could emerge. A draft proposal was agreed upon by the negotiating teams and the meeting concluded with the undertaking that both negotiating teams would go back to their respective national executives to get both draft agreements endorsed.

The second meeting of the two negotiating teams was held in September. At that meeting both negotiating teams advised that their respective national executives had endorsed the code of conduct with a few minor amendments. Accordingly a final code of conduct was agreed to. Both negotiating teams agreed that the code of conduct would be signed by the Presidents and the Secretary Generals of each formation and that a joint press conference would be held as soon as possible, attended by both Presidents, at which the code of conduct would be released to the public and clear statements in support of the code of conduct would be made by both Presidents. At the same meeting in September the Tsvangirai formation team reported back that the national executive wanted to pursue the prospects of unity rather than agree to a formula that would see the emergence of two separate and distinct political parties. As there was no objection to this from the Mutambara formation’s perspective it was agreed that a further meeting would be held to pursue unity talks and that in the interim the code of conduct would be implemented as a confidence building measure between the two formations.

Immediately after the September meeting the code of conduct document was immediately signed by Arthur Mutambara, Welshman Ncube and Tendai Biti. The Mutambara formation was advised that Morgan Tsvangirai was reluctant to sign the code of conduct for reasons that remain unclear. After being put under pressure to do so Morgan Tsvangirai eventually signed a document but insisted that he would not attend a joint press conference to launch the code of conduct, a position he has held to up until the present.

The failure to publicly launch the code of conduct then threatened to undermine the negotiation process between the two formations and indeed delayed the holding of the third meeting which was to discuss the prospects of unifying the two formations. On the first weekend of November both formations held national executive meetings. At the meeting of the Tsvangirai formation a decision was taken to change the composition of the negotiating team and several people known to be against unity were included in the team. At a meeting of the Mutambara formation a decision was taken to pursue the unity negotiations notwithstanding the fact that Morgan Tsvangirai had refused to attend a joint press conference to launch the code of conduct.

The third meeting of the two negotiating teams was held over the last weekend of November. The Tsvangirai team was still led by Tendai Biti and excluded the new members of the Tsvangirai negotiating team mentioned above. The meeting was advised that in view of this the participants representing the Tsvangirai formation were there in an informal capacity to explore what prospects there were to unify the two formations. In the meeting both teams agreed that before serious unification talks could begin confidence building measures would have to be implemented. In particular it was agreed that the code of conduct should be made public and that there should be clear buy-in by both leaders. It was also agreed certain measures should be implemented to address the reasons for the split, especially the intra party violence. A proposal was put forward that a neutral panel of “grey-heads” be convened to investigate the causes of the split and to make representations to both formations as to how the issues could be redressed.

The negotiation process then got bogged down. In early February 2007 the mediator met with Morgan Tsvangirai and was advised that he (Tsvangirai) saw no point in pursuing the negotiation process any further. As a direct result of the statement the Mutambara negotiation team was effectively stood down.

In the aftermath of the events of March 11 2007 and Zanu PF’s statement at the end of March that they intended holding joint Presidential and Parliamentary elections by March 2008 the fourth meeting of the two negotiating teams was held in the first week of April. At this meeting it was agreed that there was now insufficient time, even if there was political will, to resolve the issues which gave rise to the split in the first place prior to the elections scheduled for March 2008. It was also agreed that it was absolutely essential that the Zimbabwean electorate be presented with a single opposition candidate in every Parliamentary constituency and in the Presidential election itself to confront Zanu PF.

Accordingly it was agreed by the two negotiating teams that:

– the two formations would fight the elections as one political organisation to be known as the MDC Coalition;
– a nominee of the Tsvangirai formation would be the sole Presidential candidate
– if the election was won a nominee of the Mutambara formation would be appointed Vice President;
– if the election was won the winning President would appoint a small cabinet equally divided between the 2 formations but the President would have discretion regarding the selection of a 3 person majority in cabinet;
– a formula would be agreed to ensure that the two formations shared nominations for candidates in all constituencies throughout the country subject to compliance with primary election procedures of the respective formations with a view to presenting the electorate with a single candidate in every constituency;
-there was to be an irrevocable commitment to implementing a new democratic Constitution within the shortest possible time after taking power and having gone through a process acceptable to the Zimbabwean people to ensure their buy in;
– because of the urgency of the matter the respective formations would publicly announce the agreement before the end of April.

At the end of the meeting all described it as “historic”. A photograph was taken of all those who were in attendance as it was felt that a major breakthrough in the national interest of Zimbabweans had been achieved. The leaders of both formations were regularly consulted through the 2

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Lawyer’s protest march in Bulawayo 27 June 2007

In solidarity with a resolution, passed by the Law Society of Zimbabwe on the 13th June 2007, to close all law offices throughout Zimbabwe and to not attend court on the 27th June 2007, in protest against the recent attacks on and arrest of members of the legal profession, lawyers in Bulawayo were requested by the Law Society to gather at the High Court in Bulawayo at lunch time on Wednesday the 27th June 2007 and to march to the offices of the Governor of Bulawayo to present a petition. I participated in the march and this is my first hand account.

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When I arrived at the steps of the High Court I observed that there was a detachment of riot police standing on the steps. When I walked across to them I was advised that the march had been declared illegal and that I could not remain on the steps of the High Court. There were two other lawyers present and they advised me that other colleagues who had already been dispersed by the riot police had moved off down Herbert Chitepo Street towards the Governor’s office and were trying to regroup a block away. I then walked down Herbert Chitepo Street with these 2 lawyers and we found the rest of our colleagues regrouped a block away from the High Court.

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Approximately 15 of us then commenced our march to the Governor’s office but soon after starting to march we came under the close attention of Police vehicles including at least one Landrover from the “Law and Order” department of CID. These vehicles trailed us as we walked the 3 blocks to the Governor’s office. On approaching the Governor’s office we noticed a substantial contingent of riot police stationed outside the gate.

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As we arrived at the entrance the commanding officer of the detachment ordered them to spread out and stand at the ready with the shields raised and batons drawn. We were ordered to stop, told that our march was illegal and that we should disperse immediately and that failing that force would be used to break up our march. We then explained to the officer that we wanted to deliver a petition to the Governor protesting the attacks on and arrests of our colleagues in Harare. The officer was not interested and then called for reinforcements and again threatened us and ordered us to disperse. We noticed that further detachments of riot police and other policemen had arrived. After protesting again we asked the officer to take our petition to the Governor which he refused.

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We then decided to leave the petition at the feet of the officer as it was clear that we were not going to be let through the police barricade. Having done so we then turned to march back to the High Court. As we did so we were again ordered to disperse which we ignored. Shortly after that a further truck load of policemen of policemen arrived armed to the hilt with shotguns and high velocity FN rifles. After walking a block being trailed by this truck and other riot police we were stopped again, this time by the commander of the police truck. He told us that we had not dispersed and that if we did not do so immediately force would be used against us and that we would be assaulted.

We once again ignored the order and walked a further block, almost as far as the High Court building. At this juncture we noticed further reinforcements arriving and having decided that we had made our point we then dispersed and went to our respective offices.

I was very proud to be part of such a courageous group of lawyers. For those of you reading this not from Zimbabwe let me remind you that our march was not filmed by any TV station as there are no independent TV stations in Zimbabwe. Nor was it covered by any independent journalists as there are no independent daily newspapers left in the country. The march was also conducted in the full knowledge that not a single police officer has been prosecuted for all the offences they have committed over the last 7 years. During the last 7 years numerous unlawful assaults have been perpetrated by policemen against law abiding Zimbabweans who have been exercising their constitutional right to peaceably demonstrate. The march was also conducted in the knowledge that those policemen and women responsible for the vicious attack on Law Society President Beatrice Mtetwa a few weeks ago have not been arrested or prosecuted, nor will they be. In others words we all knew that the police act with complete impunity these days and the police themselves know that they have absolute licence to “bash” whomsoever they like as and as hard as they like.

Accordingly the march was conducted in the knowledge that the police may well have used extreme force to break up the march and that what is more that there would be no-one present to record what had happened.

Of course nearly all the lawyers who participated in the march yesterday have represented many exceptionally brave political and civic activists who have been demonstrating for years and who have been brutally assaulted and tortured by the police. To that extent the actions of this band of lawyers is not remarkable. However in the fluid state that Zimbabwe is in today it still required great courage for these lawyers to go beyond the relative security of their offices to stand in solidarity with others who have stood for their rights, and indeed the rights of all Zimbabweans, before them.

It is of course pathetic that lawyers, who are after all officers of the High Court of Zimbabwe, were denied the right to gather on the steps of the High Court. But that is part and parcel of a police state where lawyers, courts and the law itself are just cumbersome appendages which can be disregarded or abused by the regime in power.

I have one abiding memory of yesterday’s events and that concerns the expressions on the faces of the riot police who formed the barricade outside the Governor’s office. Although they were brandishing batons and undoubtedly could have inflicted great harm on us, when I looked into their eyes I saw no enthusiasm for what they had been ordered to do. In fact if I came away with any emotion it was one of pity. The officer in charge was hesitant in giving his orders and almost apologetic. Most of the men under his command were in tattered uniforms and many looked malnourished. When we avoided a violent confrontation they looked relieved and although they trailed us they were not menacing in anyway. The policemen in the reinforcement truck were menacing but it struck me that they were the core group of loyalists. It struck me that we are perhaps now up against a paper tiger; it seems to me that the regime is now protected by a thin veneer of diehard loyalists but the vast majority of those in the police understand what is needed if their hopes for the future are to be realised – the current band of kleptomaniacs must be voted out of office.

I was reminded yesterday of one of my favourite poems by Arthur Hugh Clough:

SAY not the struggle naught availeth,
The labour and the wounds are vain,
The enemy faints not, nor faileth,
And as things have been they remain.

If hopes were dupes, fears may be liars;
It may be, in yon smoke conceal’d,
Your comrades chase e’en now the fliers,
And, but for you, possess the field.

For while the tired waves, vainly breaking,
Seem here no painful inch to gain,
Far back, through creeks and inlets making,
Comes silent, flooding in, the main.

And not by eastern windows only,
When daylight comes, comes in the light;
In front the sun climbs slow, how slowly!
But westward, look, the land is bright!

For all the depression that abounds in Zimbabwe today, for all the concern that this dreadful regime will continue in power for ever, I have the sense that the tide of popular opinion is silently flooding in and that this regime will soon find itself overwhelmed.

David Coltart MP
28th June 2007

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Zimbabwe: ‘Spying Bill’ Sends Shivers Down Media’s Spine

By the Financial Gazette
21 June 2007
Njabulo Ncube
Harare

BIG brother is watching.

This aptly describes the jittery mood within the media and telecommunications sectors in Zimbabwe following the passing by Parliament last Wednesday of the controversial Interception of Communications Bill, despite opposition to some of its provisions by opposition legislators and free speech advocates.

The passage of the Bill, which allows government to monitor e-mails, telephone calls, the Internet and ordinary mail, has drawn widespread criticism.

Under the Bill, service providers will be compelled to install the enabling equipment on behalf of the government.

The new law empowers the chief of Defence Intelligence, the director-general of the Central Intelligence Organisation, the police commissioner and the commissioner general of the Zimbabwe Revenue Authority to intercept telephonic, e-mail and postal messages.

A monitoring centre or agency, which will be the sole facility through which authorised interception shall be effected, will be established.

Contributing to the debate during the Bill’s reading stages, Bulawayo South Member of Parliament David Coltart said the judiciary, and not the Attorney-General, should be empowered to review the exercise of the powers of the Transport and Communications Minister in the issuing of warrants for the interception of any communication. Coltart stressed that the decision on the right to grant a warrant should be the preserve of the judiciary and not the Executive.

In separate interviews this week, stakeholders in the communications field condemned the new law — which they referred to as the “spying bill” — saying it was the latest demonstration of government’s paranoia and extension of a drive to stifle freedom of expression.

MISA-Zimbabwe national director Rashweat Mukundu, said the passing of the Bill marks yet another sad chapter in the country’s long history of free speech violations, as it will have serious implications on citizens’ fundamental right to freely express themselves without hindrance.

Section 20 of the Constitution guarantees a citizen’s freedom to receive and impart ideas without interference.
“By passing this Bill, especially without any amendments, the House of Assembly has regrettably and sadly dealt yet another devastating blow to the country’s deepening human rights and political crisis, which is being duly recorded by historians and will be judged accordingly by posterity,” said Mukundu.

Internet service providers will be required to bear the burden of additional costs, as they will be expected under the law to install enabling equipment and software, called spyware, despite the acute foreign currency shortages in the country.
Jim Holland, spokesman for Zimbabwe’s Internet Service Providers (ISP), said most ISPs could not afford to install the equipment that would allow government unfettered access to data.

“Potentially, they (government) could insist that anyone operating as an Internet service provider would be forced to monitor it, which is beyond business’s budget,” said Holland.

Wellington Chibebe, secretary general of the Zimbabwe Congress of Trade Unions (ZCTU), said the Bill deals a major blow to the enjoyment of human rights. “It is an unwarranted invasion of people’s privacy. If signed by the President, this Bill will join other draconian pieces of legislation such as the Public Order and Security Act, and the Access to Information and Protection of Privacy Act,” said Chibebe.

The ZCTU boss said the need to have such laws was a sign of growing paranoia within President Mugabe’s government.
“The government has taken it upon itself to stifle whatever little freedom Zimbabwean citizens had. The ruling party has perceived and convinced itself that it has enemies bent on toppling it. A government elected by the people, for the people, as ZANU PF claims to have been elected, surely has nothing to fear from its people,” he said.

“It also boggles the mind why government would want to pass the cost of acquiring and installing the spying equipment on to the service providers. This will push some small service providers out of business, as they might have to purchase the equipment outside Zimbabwe’s borders.

“If President Mugabe has any decency left in him, he will not put his signature to this ill-thought and ill-timed Bill. The ZCTU urges President Robert Mugabe instead, to concentrate on finding solutions to the Zimbabwean crisis rather than continue to find ways of harassing and violating innocent people’s rights.”

The government argues that countries such as the United Kingdom and the United States of America have similar laws in place to protect their sovereignty and to fight crime and terrorism.

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Zimbabwe Passes Communication Spying Law

Voice of America
By Peta Thornycroft
Southern Africa
15 June 2007

Zimbabwe this week passed a new law allowing the government to monitor telephones, mail and the Internet. For VOA, Peta Thornycroft reports that the Zimbabwe government justifies this new law by saying it is necessary to protect national security.
President Robert Mugabe regularly tells his country that Zimbabwe’s sovereignty is under threat, which is the reason he uses when he puts the army and police on alert. He says the main opposition political party, the Movement for Democratic Change, is a “puppet” of the west, and that its leaders take their orders from Washington and London.

The new law, the Interception of Communications Act, sailed through both houses of parliament, where the ruling ZANU-PF has a large majority.

Opposition Movement for Democratic Change legal secretary David Coltart said the new law was what he described as “typically fascist legislation.” He said this law gives enormous powers to “a tiny coterie of people” to intercept e-mails and all other communications.

Coltart said the law was “not subject to review in any way by any independent authority.” He said he had no doubt it will be abused to “interfere with legitimate democratic activities”

Transport and Communications Minister Chris Mushohwe said similar legislation existed in the west. He said Zimbabwe needed the legislation to prevent crime and guard national security. Few Zimbabweans have access to telecommunications, and those that do have long believed that the government was already monitoring phone calls and e-mail.

This week riot police interrupted a stage play, called “The Good President” at a theater in the country’s second largest city, Bulawayo, saying it was a political gathering and that police permission was needed before it could go ahead.
Most opposition political meetings and rallies are presently banned in Zimbabwe.

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Legislators pass bill allowing government to spy on telecommunications

By Media Institute of Southern Africa (MISA)

Zimbabwe’s House of Assembly on 13 June 2007 passed the controversial Interception of Communications Bill without amendments despite opposition to some of its provisions by opposition Movement for Democratic Change (MDC) legislators.
MISA Zimbabwe National Director Rashweat Mukundu said the passing of the bill marks yet another sad and retrogressive chapter in the country’s unfolding crisis as it has serious implications on the citizens’ fundamental right to freely express themselves without any hindrance in the form of the envisaged spying law.

Section 20 of the Constitution guarantees freedom of expression, and the freedom to receive and impart ideas without interference with one’s correspondence.
“By passing this bill, let alone without any amendments, the House of Assembly has regrettably and sadly contributed yet another devastating blow to the country’s deepening human rights and political crisis, which is being duly recorded by historians and will be judged accordingly by posterity,” said Mukundu.

“The future viability and development of the telecommunications sector will also be seriously compromised by this draconian law, considering that Internet service providers will have to bear high costs as they will be expected to install the enabling spying equipment in a country that is experiencing acute foreign currency shortages.”

Under the bill, service providers will be compelled to install the enabling equipment on behalf of the government while empowering the chief of defence intelligence, the director-general of the Central Intelligence Organisation, the commissioner of police and the commissioner general of the Zimbabwe Revenue Authority to intercept telephonic, e-mail and cell phone messages.

The bill, which seeks to empower the government to spy on telephone and e-mail messages, was presented to Parliament on 26 July 2006.
It also proposes to establish a monitoring centre or agency which shall be the sole facility through which authorised interception shall be effected.

Contributing to the debate during its reading stages, Bulawayo South legislator David Coltart, who was elected on an opposition MDC ticket, said the judiciary and not the attorney-general should be empowered to review the exercise of the powers of the minister of transport and communications in the issuing of warrants for interception of communication.

Coltart also argued that the decision on the right to grant a warrant should be the preserve of the judiciary and not the executive.

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Controversial security law advances in Zimbabwe

By Reuters

Published: June 13, 2007, 4:44 PM PDT

The lower house of Zimbabwe’s parliament passed a bill on Wednesday allowing the government to monitor phones, mail and the Internet to protect national security.

While conceding the country needed to protect itself against terrorism, opposition members said they feared the bill would pave the way for President Robert Mugabe’s government to curtail freedom of speech and breach privacy.
The Interception of Communications bill sailed through the lower house without amendments and will now be sent to the upper house, where it is expected to face little opposition. Mugabe’s ruling party has a majority in both houses.

Movement for Democratic Change (MDC) legislator David Coltart called the proposed law a “fascist piece of legislation” that Mugabe’s government could use in an ongoing crackdown on political dissent.

“I recognize the need for legislation of this nature, especially after the emergence of al Qaeda and international terrorism,” Coltart said. “The objection is what checks are there to stop the abuse of this law.”

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The battle of Zimbabwe

Published in the Washington Post by Michael Gerson

A nation is dying, its leader a tyrant, its neighbors indifferent

Thursday, June 14, 2007

WASHINGTON – When I talked earlier this week with David Coltart, a
Zimbabwean member of parliament and human rights lawyer, his office in
Bulawayo had been without power for five hours. The central business
district of Zimbabwe’s second-largest city, he said, was “a ghost town,”
with “hardly anyone on the streets” and “signs everywhere of total economic
collapse.”
Four days previously the price for a liter of gasoline had been 55,000
Zimbabwean dollars; that morning gas stations were advertising 85,000
dollars. Inflation, by conservative estimates, gallops at 3,700 percent.

Perhaps 31/2 million people — about one-fourth of the population — have
left the country, in a massive drain of youth and ambition. “Land reform”
has been a land grab for ruling party elites, who are proving that
intimidation and brutality are powerless to make the corn grow. Orphans,
many with the signs of childhood malnutrition, have begun coming to Mr.
Coltart’s parliamentary office for help.

Zimbabweans have discovered with horror that their founding father, Robert
Mugabe, is an abusive parent, as if George Washington had grown mad with
power, expropriated Monticello and given Jefferson a good, instructive
beating.

With elections for president and parliament set for next year, Mr. Mugabe
can hardly run on his record. So he has kicked off the campaign season by
attempting to destroy his opposition and rig the election in his favor. In
early March, his police crushed a protest rally and began arresting and
torturing political opponents. In response to international criticism, Mr.
Mugabe coolly replied, “We hope they have learned their lesson. If they have
not, then they will get similar treatment.” Constitutional changes are
moving forward that will allow Mr. Mugabe to handpick his successor. Next
week parliament will debate measures that permit the interception of e-mails
and the suppression of democratic groups, with the excuse of fighting
“foreign terrorism.”

Mr. Mugabe, having spent a lifetime consuming his country, now seems
determined to drink it to the dregs.

For years, nations in the region did nothing in response, and called their
silence “quiet diplomacy.” More recently, those efforts have progressed from
nonexistent to inadequate. After the recent round of beatings and arrests, a
summit of the Southern African Development Community — a 14-country
regional organization — appointed South African President Thabo Mbeki to
mediate the political conflict in Zimbabwe. Yet the summit refused to
clearly criticize the regime’s human rights violations. “We got full
backing,” boasted Mr. Mugabe, “not even one criticized our actions.”

South African diplomats tell American officials that there is no serious
alternative to the regime — that the opposition is weak and divided. But
perhaps that opposition is dispirited because in March and April of this
year, 600 of its leaders were arrested or abducted, 300 hospitalized and
three killed. Any hope of “mediation” in this atmosphere is a sham. How do
you sit down at the negotiating table when one side is using a truncheon on
the other?

The precondition for mediation is an end to beatings and torture on Mr.
Mugabe’s part — and the South Africans should insist on it. They should
also start considering more muscular options if Mr. Mugabe continues on his
current path. South Africa has tremendous leverage if it chooses to use it.
A cutoff of energy, fuel and trade could end Mr. Mugabe’s regime in a matter
of days.

The hesitance of many democracies to confidently promote democracy is one of
the great frustrations of recent years. The South Korean government does its
best to downplay massive human rights abuses in the North. India and Japan
do business with the brutal regime in Burma. It would be progress if South
African diplomats even raised the issue of human rights in Zimbabwe and
began showing the kind of moral clarity that once benefited their own cause.

In Zimbabwe, a collapsing economy, malnutrition, high rates of disease and a
failing health care system have produced some of the lowest life
expectancies in the world — 34 years for women and 37 years for men.

So Mr. Mugabe, at age 83, has achieved a rare distinction in the history of
tyranny — living twice as long as his citizens are expected to live.

According to Mr. Coltart, the most vivid image of Zimbabwe is found in the
cemeteries, which “are filled to overflowing.” “There are burials at any
time of the day,” he told me, “row after row of fresh dirt, with no
headstones, because the poor can’t afford them … It is the way,” he said,
“that I imagine the Battle of the Somme.”

That terrible battle during World War I lasted 142 days. Zimbabwe has
suffered for years — and the burials go on.

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No end in sight as Zimbabwe groans amid shortages and spiralling inflation

Financial Times by Alec Russell

Published: May 21 2007 03:00

The people of Nswazwi are once again on the move. Three decades ago their tiny settlement of thatched mud huts, a few miles from the border with Botswana, was caught up in Zimbabwe’s liberation war. Many residents fled across the frontier before returning home to enjoy the fruits of freedom. Now, again, abandoned huts and empty kraals (enclosures) testify to an exodus.

Since the days of Lobengula, the 19th-century Matabele king, lustrous cattle have grazed in this remote corner of Zimbabwe. But now food stocks are running low; the average household income is a few US dollars a month; and the intimidation from the regime is intensifying. Those who remain are clearly struggling. Local tracks are dotted with people who cannot afford the bus fare to the local town. And so they walk for hours in the sun, bearing scraps of food that they hope to sell or barter – and this in a country that was until recently dubbed the bread-basket of southern Africa.

These are tense times. Few people talk openly to strangers, lest agents of the feared Central Intelligence Organisation are watching. Hidden behind the corner of a cattle kraal, a young girl said she wanted to speak out. “There are so many who are going,” she said. “They say they will come back one day but I don’t think so. It is so difficult to get food now. We are finishing off last year’s maize and then we will have no stocks.”

The situation in Nswazwi is mirrored across Zimbabwe, where security forces tightly monitor the main roads and most journalists, including this correspondent, have to operate undercover. “Every year we say this must be the end,” said a veteran of the opposition Movement for Democratic Change (MDC), who acted as a guide for the FT. He recalls how his first car cost $Z5,000, a thousandth of what half a tank of petrol costs now – or rather what it cost when he spoke, for the next day the prices went up. “Mugabe can’t last much longer,” he added. “Or maybe he can . . . ”

In the latest grim signal of Zimbabwe’s vertiginous decline, the official rate of inflation was last week put at 3713.9 per cent. Economists believe it may be much higher. With unemployment at over 50 per cent, three or four million out of a population variously estimated between 12 and 15 million have fled the country in search of work. Perversely, their remittances are a crucial prop to the regime. Yet the government blandly delivers statistics as if inflation were four per cent and not four thousand.

Gideon Gono, the Zimbabwean central bank governor, said on Thursday that inflation had been fuelled by chronic food shortages. The government attributes these to the sanctions imposed by the European Union and the US, as well as to the drought affecting southern Africa, and denies a link to the land expropriations that have led to the near-total collapse of Zimbabwe’s commercial agriculture. The sanctions include a ban on arms sales, a freezing of assets in European banks and a travel ban on senior officials in the government and Zanu-PF.

Mr Gono said he would continue large-scale printing of money despite the warnings of the International Monetary Fund that this would merely increase inflation. “We offer no apology, we offer no remorse for our intervention in all spheres of the economy when we do the unorthodox,” he told MPs.

Some commentators have argued that, such is the economic chaos, the regime must be near its “tipping point”. But comparisons suggest Zimbabwe may well fall a lot lower before this happens. The country is not policed with the ruthlessness of Saddam Hussein’s Iraq. Nor has it been reduced to the state of Zaire (now the Democratic Republic of the Congo) under its late dictator Mobutu Sese Seko. By the end of his ruinous regime in 1997, many roads and railways built by the Belgians had been reclaimed by the jungle and visitors were routinely fleeced by officials on arrival at Kinshasa’s Ndjili airport. Despite all Mr Mugabe’s catastrophic decisions in the past decade or so, unlike Zaire in its last days Zimbabwe still somehow staggers along with the odd vestige of normality.

One evening at the Bulawayo Country Club earlier this month, a young white couple were discussing their wedding plans with a caterer. “So do you want fish as well as pâté?” she asked. “And when are you going to do the speeches? Do you want me to wait before bringing in the meat?” Similar exchanges have been overheard in the club’s panelled interior for years and will no doubt be heard for years to come. But the most myopic visitor or resident could not now miss the evidence of a society under terrible strain.

On the fringes of Bulawayo, Zimbabwe’s second city, queues form outside shops on the rumour of deliveries of sugar or other foods. Banknotes are exchanged in brick-sized wads. Many shops change prices twice a day. Most business is done by barter. One world-weary businessman says that after years of marriage he has changed his mantra to his wife. “I no longer say: ‘You are spending too much.’ I now say: ‘You are not spending quickly enough.’ Whenever we have cash we spend it.”

For seven years since Mr Mugabe first faced a serious challenge to his rule with the formation of the MDC, Zimbabwe’s opposition has been in a state of increasing despair. Since 2000 there have been three elections, two parliamentary and one presidential. With the economy in freefall, each should have been a stiff challenge for Mr Mugabe. But he won all three easily, relying on a formula of populism, thuggery and skulduggery at the polls.

Now more than ever, Mr Mugabe’s back is against the wall. His Zanu-PF party is in disarray. Ten days ago, party meetings in Bulawayo, an opposition stronghold, and the central town of Masvingo broke up in chaos amid clashes between supporters of the two factions vying to replace the president. Also, his sovereignty has for the first time in his 27 years in power been
compromised: regional leaders have mandated South Africa to mediate between Zanu-PF and the MDC ahead of presidential and parliamentary elections due next March.

Yet barring a move from within Zanu-PF – and insiders suggest that this, despite the party’s unhappiness, is unlikely for the moment – the earliest the 83-year-old can be expected to leave office is after the elections. In the meantime, the opposition is struggling to speak with one voice and overcome regional scepticism as to its viability as a political force. All the while, Mr Mugabe’s supporters are doing their best to ensure that it is in no state to contest the election.

“The regime has thrown all caution to the wind,” says David Coltart, a veteran human rights lawyer and a leading MDC MP. “It has been pushed into a corner and is now lashing out. As with so many dictatorships, the closer they get to the end the more vicious they become. They are deadly serious now. This isn’t an aberration. This is an attempt to crush the opposition before elections.”

He was speaking shortly after police beat two of Zimbabwe’s best-known human rights lawyers in Harare. This was merely the latest act of state-sponsored brutality since March 11, when Morgan Tsvangirai, the head of one of the MDC’s two wings, and other leaders were beaten in the streets of the capital. These are dangerous times for the opposition as Human Rights Watch, the US rights group, made clear in a report this month that recorded the summary arrest and torture of hundreds of activists since the attack on Mr Tsvangirai.

Day by day, the fabric of the old law-abiding and functioning order becomes more threadbare and people more desperate. Earlier this month, on Suzanne Street on the northern fringe of the city hundreds of people had gathered outside a high metal gate. Briefly it opened and some bags were thrown out. The crowd surged forward. Behind the gate was a chicken farm. The crowd was waiting for chicken heads and feet for the pot, or to sell on. “There is a new rule,” said a pastor watching in dismay. “If you buy it, don’t eat it, but sell it, make your mark up.”

The pastor was on his way back from delivering food to impoverished victims of Murambatsvina (Operation Clear Out the Trash), the government’s brutal 2005 campaign to raze informal settlements in the main cities. Hundreds of thousands of people had their homes destroyed and were then dumped in the countryside. Now many are eking out an existence on land confiscated from white farmers a few years ago.

Ten miles outside Bulawayo, Edward Sibanda, 52, is living on a dusty five-hectare plot with his wife and four children. It used to be part of a successful commercial farm. His experience highlights the folly and crime of both Murambatsvina and the expropriations. A decade ago the commercial farmers accounted for half Zimbabwe’s foreign currency earnings. Now most of their land is in small plots and all but uncultivated. Mr Sibanda ticked off on his fingers what he needed to make a go of it: “We have no rain, no tractors, no petrol, no tools, no food.”

He is one of many who can no longer afford monthly school fees ($Z15,000 – just over 50 US cents at the unofficial rate) for his children. Zimbabweans were long regarded as some of the best educated people in Africa and in his early years, Mr Mugabe rightly took pride in his government’s investment in schooling. Now, a malnourished and uneducated generation is growing up. A nurse burst into tears as she described the implosion of the health service. “We’ve got kwashiorkor [a type of childhood malnutrition] again. I didn’t see it 25 years ago when I was trained. Now you are seeing the telltale signs, golden hair and pot bellies.”

South African officials are increasingly concerned about the crisis on their northern border. Western criticism of the country’s policy of “quiet diplomacy” over the past few years has infuriated Pretoria, which argues that trumpeting its concern would be counter-productive. But privately, officials concede the crisis sends all the wrong signals to the foreign investors they want to attract. They also fear it risks overshadowing the 2010 football World Cup in South Africa, which they hope will be a showcase for the post-apartheid state.

Now they are pushing forward with their mediation plans. They have held several meetings with the opposition factions and written formally to Mr Mugabe seeking his response to their mandate. Meanwhile, western agencies have done their sums and calculated that the world will need to stump up one billion US dollars a year for a decade after the regime falls.

The best-case scenario is for the region somehow to force Mr Mugabe to step down in favour of a coalition between reformist elements of the Zanu-PF and the MDC. But no one is holding their breath. A senior former cabinet minister believes Mr Mugabe has only one goal: to stay until he dies and so avoid the risk of prosecution. As a senior opposition figure concedes, Mr Mugabe knows all too well that the MDC’s promises of amnesty are meaningless.

“I think we are in for growing violence and eventually some sort of conflagration this year, next or even the year after,” says one diplomat with long experience of Zimbabwe. Given Zimbabweans’ relative quiescence in the face of the growing tyranny, until recently that might have been dismissed as alarmism. Moses Nzila-Ndlovu, an MDC MP, fears that is no longer the case.

“There are so many people who have been traumatised and brutalised by Zanu-PF. If the MDC were cheated at the elections again there could be carnage. There is so much anger. And even if Mugabe goes, it may not end there. Look at it from the perspective of the ordinary people. You have a pot, boiling. Lift up the lid and the steam boils over.”

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Gukurahundi Reconciliation Urged

Institute for War and Peace Reporting

New bill aims to address emotional scars of mass killings, but some say it doesn’t go far enough. By Fiso Dingaan in Lupane, Matabeleland (AR No. 109, 18-Apr-07)

Fighting hard to hold back tears, 52-year-old Ernest Ngwenya points to three mounds of soil crudely marked with stones and burnt logs at a clearing two kilometres from his homestead.

The contorted face tells of the emotional turmoil Ngwenya is battling to control. When he eventually manages to speak, his voice is full of pain and grief.

“I have waited 24 years for this day to grieve openly with my relatives and to show them where I buried our father, brother and uncle who were killed during Gukurahundi,” he said.

“All along, I was afraid that if I talked about something like this, more of my relatives would be beaten or killed – just like what happened during Gukurahundi.”

The government’s bloody suppression of opposition in southern Zimbabwe after independence in 1980 is known as the Gukurahundi, or “the rains that sweep away the chaff”.

The North Korean-trained Fifth Brigade killed an estimated 20,000 people, ostensibly for being dissidents. Many were buried in unmarked graves or thrown down disused mines. But survivors say the killings were systematic and targeted at Zapu office bearers and community leaders such as teachers, nurses and headmen.

Zimbabwean president Robert Mugabe has not publicly apologised for the massacres except to say the atrocities were “a moment of madness”.

More than two decades later, life is back to normal in Matabeleland and the Midlands. But the relative calm is deceptive.

Ngwenya was able to overcome his fear thanks to help from the local legislator and members of a social justice pressure group called Ibhetshu Likazulu. Lupane member of parliament, Jabuliso Mguni, also counselled Ngwenya and his extended family, saying that it would do them good to talk about their experiences.

Ngwenya says he needed assurances that nothing would happen to him if he spoke out.

Movement for Democratic Change legislator and lawyer David Coltart believes Zimbabwe is still in a state of denial regarding Gukurahundi. Coltart was part of a team of researchers that compiled a report, called Breaking the Silence, on the atrocities over ten years ago.

“I do not think that even many sympathetic democrats who oppose the Zanu-PF regime have a clear idea of the scale of this crime against humanity – nor the extent of the psychological damage done to the affected communities,” he said.

Indeed, most survivors are still seething with anger and grief. Elda Mlalazi is a mother of two and gets highly emotional when she recounts what she endured during Gukurahundi. She shows this reporter knife wounds that she says were inflicted by a neighbour on instructions from the soldiers.

“The scars are a constant reminder, especially when my in-laws, who don’t know how I got them, start saying I was a prostitute before I got married. They laugh and say the scars were punishment from jilted boyfriends. There is nothing I can say to them but I know the truth,” she said.

Ibhetshu Likazulu chairperson, Qhubekani Dube, says his organisation is trying – albeit on a very small scale – “to bring peace and closure among people who are still grieving and hurting inside. We realise that if people don’t bring the issue out into the open, tribal enmity will continue,” argued Dube.

The pressure group, formed in 2005, helps families identify where their relatives are buried and helps to organise burial rituals. During the ceremonies, villagers are encouraged to share their experiences and concerns over the massacres. Listening to some of the mainly Ndebele villagers recounting their experiences during a grave identification ceremony for Ngwenya’s father, Mfungelwa, his brother, Aleck, and an uncle, Kaise Moyo, one is struck by the frequent reference to how “Shona-speaking soldiers” committed the atrocities.

Dube says the organisation fears that if such thoughts are left unaddressed, tribal hatred between Ndebeles and Shona will be perpetuated. He says that Ibhetshu Likazulu is trying to explain to survivors and families of victims that they should direct their anger at Mugabe “because it was him who issued the order to kill”.

Mguni believes there is a desperate need to assuage the pain and grief of Gukurahundi. He worries that life has been at what he calls a “cultural standstill” for affected families. This, he explains, is because families have not buried their relatives according to custom and consequently they cannot communicate with their deceased as tradition demands.

“We have ways of burying our own. We have not done that. People were not given a chance to grieve. We are hurting inside. We have wounds festering within that need to be treated and healed by openly talking about how and why our relatives were killed. Keeping quiet will not do us any good,” he said.

Additionally, Mguni says people’s experiences of Gukurahundi must be recorded for posterity.

Another Matabeleland North legislator, Professor Jonathan Moyo, has drafted the Gukurahundi National Memorial Bill. Moyo is an independent member of parliament for Tsholotsho. His constituency was the first area where the Fifth Brigade was deployed in January 1983.

He says he will soon publish and distribute the proposed legislation for public input before tabling it in parliament.

Moyo, a former minister of information and publicity in Mugabe’s cabinet, reckons the bill would garner enough support to allow it to be enacted because its objective of “putting in place a mechanism to deal with unresolved issues, healing the open wounds and invisible scars by seeking truth and justice”, is noble.

Coltart, however, says legislation alone will not suffice. He accepts the proposed bill “may be a useful vehicle to ascertain the views and needs of victims” but adds, “The bill itself will not heal wounds – the wounds of this atrocity will require a deep-rooted commitment by government and the entire nation to understand what happened, to apologise for what happened, and to take far-reaching steps to reconcile..the ongoing suffering caused.”

The legislator’s views resonate with those of survivors such as Ngwenya and his cousin Mlalazi. Ngwenya says now that he has dealt with the emotional side of Gukurahundi, he can start facing up to the realities of getting national identity papers for his nephews and nieces. And, one day, he hopes that the government will compensate him and his neighbours for property destroyed during the massacres.

Even then Gukurahundi will remain a part of his life. “I won’t forget. I cannot forget. How do you forget something like that? But at least now I can be at peace with myself, I know where my father is buried,” he said.

Fiso Dingaan is the pseudonym of an IWPR journalist in Zimbabwe.

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Transcript of an interview with Lateline (Australian Broadcasting Corporation)

Tony Jones talks to Opposition MP in Zimbabwe, David Coltart, about the arrest of and attack on Opposition members following a demonstration.

Transcript: Broadcast: 13/03/2007

TONY JONES: Those of you who follow the Zimbabwe story on this program over time will recall Zimbabwean MP David Coltart, he’s a member of the Movement for Democratic Change and he holds a position of Shadow Justice Minister. Luckily he’s out of the country at the moment. We were able to track him down in the Finnish capital of Helsinki. What do you think about what you’ve just heard, if you could hear clearly what was being said down the phone line from Harare?

DAVID COLTART, ZIMBABWEAN SHADOW JUSTICE MINISTER: Well, good evening, Tony, it’s good to be with you again. What has been described as typical of this regime, of course this conduct goes way back to the 1980s when Mugabe meted out similar punishment to Joshua Nkomo, his Zapu Opposition Party then. It’s entirely consistent with this regime. It’s an indication of the paranoia felt by Robert Mugabe and the regime now because this clearly is a new step in this campaign. For the last four or five years they haven’t actually targeted senior leaders in the way they’ve done this past weekend.

TONY JONES: You’ve accused the police in the regime in this case of actually torturing opposition figures. Does that include Morgan Tsvangirai to your belief?

DAVID COLTART: Absolutely. Morgan Tsvangirai and the other activists mentioned by Mr Mugabe. Let me just stress that when Morgan Tsvangirai and the other leaders such as Arthur Mutambara were arrested on Sunday, they were arrested in their vehicles. They weren’t arrested in a public venue at the rally. They were taken out of their vehicles and straight into police custody. So they could only have received these injuries at the hands of the police and that is torture, in my book.

TONY JONES: What other evidence of torture are you hearing from the people on the ground? I mean we’ve just heard this very graphic account of one opposition figure, a woman, who has her ear partially severed?

DAVID COLTART: Well, there’s obviously the physical assaults that have been described to us but there’s also the denial of access to legal practitioners. As you know, our legal team had to go to court yesterday because they had been refused access to lawyers. We didn’t know where most of the people detained were held and of course, as so often happens, when there is a denial of access, that in itself facilitates torture. The other aspect of torture, of course, is the denial of access to medical treatment. It’s quite clear from what’s been described to me and on your program this evening that Morgan Tsvangirai, Arthur Mutambara and many others have suffered very severe injuries. So all of that constitutes torture in terms of the International Convention Against Torture.

TONY JONES: Let’s go over, if we can, how this began. It was, you say, they were taken out of their cars on Sunday but there must have been another rally somewhere, because one opposition activist was shot in the chest by police and killed and others are in hospital injured?

DAVID COLTART: Well, this goes back three weeks, in fact, Tony. About three weeks ago the Minister for Home Affairs and Commissioner of Police announced a countrywide ban against all political meetings. This meeting called on Sunday was not called by political parties, it was called by an organisation called Save Zimbabwe Campaign which is an amalgam of political parties of church group, human rights groups and they exploited the loophole in our oppressive security legislation which says that meetings that are religious in nature are exempt from these police bans. And as a result Morgan Tsvangirai, Arthur Mutambara, the other leaders, church leaders, human rights leaders like Madhuku went to this venue and the police had encircled it, there was a water cannon and they basically barred everyone from getting in. As some of the young supporters tried to get into the venue – they came in great numbers – I understand in their thousands, and there were clashes between those young men and women and the riot police which culminated in the shooting to death of one person, Gift Tandari.

TONY JONES: Gift Tandari’s funeral apparently is happening in Harare as we speak. Surely these events are going to spark even more violence?

DAVID COLTART: Well, not as far as the opposition is concerned. The one thing we have been consistent about in the last seven years has been our commitment to non-violence. We will certainly not encourage that violence take place at that funeral or at any other event for that matter. But we’re dealing with a very brutal regime, as I said earlier, a paranoid regime that clearly now has determined that it has to up the ante and intimidate not just supporters but leaders, and so there’s always the danger that the regime will use excessive force in trying to quell the numbers of people attending things like rallies and funerals.

TONY JONES: It [will] be hard won’t it, over time, to keep your young people activists like Gift Tandari in check?

DAVID COLTART: Tony, this is what I have been warning about and many of us in the human rights community. Those of us who were in the human rights community long before we went into politics, we warned that if the Zanu PF regime didn’t allow people to legitimately express their concerns and opinions of what was going on in the country, if they tried to place a lid on this boiling pot, that ultimately it would explode and tragically that’s what we’re seeing in Zimbabwe now. And let me say this as well, that the international community, especially Southern African leaders, are complicit in this because they have allowed the Zimbabwean crisis to grow and to develop to the catastrophic state it is now in, and if there isn’t some form of intense diplomatic activity to try and bring Robert Mugabe to his senses, bring his party to its senses, this crisis will escalate and I foresee a lot of bloodshed and a possible destabilisation of the whole of Southern Africa.

TONY JONES: We’re hearing at the moment very little from Southern African leaders but we are starting to hear from the UN, the human rights commissioner has come out today and made some very strong statements. What do you expect to hear from other world leaders in Australia and other places?

DAVID COLTART: Well, we need to resolve this crisis. The main thrust has to come from South Africa, Mozambique and Botswana – our neighbours. What we would expect from the Australian Government is some proactive diplomatic activity. We haven’t seen the Australian Foreign Minister in South Africa or the Finnish Foreign Minister for that matter in South Africa but we do need, as I say, some proactive diplomatic people to come to South Africa to express the world’s concern. There’s no point speaking to the Zanu PF regime. They are simply deaf to pleas from the rest of the world but we do need the rest of the world to tell Southern Africa that this is an important issue that it needs to be resolved urgently. We believe South Africa, Mozambique, Botswana won’t actually hear that message unless world leaders come to Southern Africa to express their concerns.

TONY JONES: You include the Australian Foreign Minister or Prime Minister in that, do you? You think some pressure from Australia might make some difference?

DAVID COLTART: One always has to be careful about the so-called white Commonwealth because Robert Mugabe has exploited that in the context of Africa saying this is simply a racist issue, that the Australian Government is only concerned about Zimbabwe because of white farmers. Of course that is nonsense. So in response to you, what I say is that it would be wrong for the Australians to work in isolation, but if the Australians could work vigorously within the Commonwealth, for example, and get the Indians on board, the Caribbean countries on board and of course African Commonwealth members to develop a concerned block, and that in turn should then engage in diplomatic activity in the region itself with our neighbours.

TONY JONES: Now do you know why Robert Mugabe has suddenly started this very severe crackdown? I know there’s a bit of a history of it. Last year it was the trade unions, now it’s the turn of the opposition figures but this seems to be quite widespread. We’re hearing now that students are being arrested, that people are being arrested in other towns and some are being injured.

DAVID COLTART: I think this is a sign of an embattled Robert Mugabe. In December last year he had his Party Congress and tried to extend his term of office, which was rejected. Let me say this, that there’s a lot of opposition to what is happening within Zanu PF itself. So personally he is politically embattled. His plans to extend his term of office by a mere constitutional amendment appear to have been frustrated. That situation is compounded by the economic collapse. Figures released by the Reserve Bank, these are government figures last Friday, indicate that inflation is now running at 1,700 per cent and that is conservative. The real figure is above 2,000 per cent. In the course of the last few weeks, doctors, teachers, civil servants and even policemen and the Military have either gone on strike or indicated that they are completely dissatisfied. So the noose is tightening and he’s doing what he knows best. He comes from a guerrilla background and he’s coming out fighting. And I think that that is why clearly the instruction has gone out to those responsible for this brutality over the last few days that they have complete licence to do as they choose.

TONY JONES: I’m interested to hear you say that there may be opposition within Zanu PF, his own party and you’ve actually called openly for those people to give up their silence and start talking about what is going on in their own country and start being active within that party. Do you think that will happen?

DAVID COLTART: Well, there’s a lot of fear within Zanu PF. Zanu PF has a long history of brutality even in its own ranks. Herbert Chitepo, the first president of Zanu PF, was assassinated by people within Zanu PF in Zambia in the late 1960s, early 1970s. And many other people have been assassinated within Zanu PF. So the brutality the Zanu PF show towards the opposition is also directed against its own members and of course they are in the unique position in that they know exactly who directs it and how it happens. So there’s a lot of fear that they have to overcome, but what is happening within Zanu PF is that many of the businessmen within Zanu PF are now themselves being affected by the economic collapse. So in an effort to protect their own livelihood they now recognise that Robert Mugabe simply has to go if the country is going to stabilise and the economy is going to be restored.

TONY JONES: A final question, because we’ve heard how severely beaten Morgan Tsvangirai was, that I think is the first time it’s happened to him to this degree. Are you at all concerned for his life?

DAVID COLTART: Well, let me stress it’s not the first time that Morgan Tsvangirai has been beaten. In 1999 ZanuPF thugs came to his office on the seventh floor of a building and tried to throw him out and left him badly beaten. So in fact it’s the second time he’s been beaten like this. Arthur Mutambara, the other senior leader arrested in the course of the last few days, was a student leader in the 1980s and was also beaten then. So these are men who have gone through this but to answer your question, yes, of course we fear for Morgan Tsvangirai, for Arthur Mutambara, for all the other leaders, for anyone who chooses to stick their necks out. Ironically the one thing that the last few days has achieved is that Morgan Tsvangirai’s profile has been raised once again in the international community and in that there is some safety.

TONY JONES: David Coltart, it is perhaps lucky, as I said at the beginning, that you are out of the country at the moment so that you can talk to us because it’s very hard to talk to people who are in prison in Zimbabwe at the present moment but we thank you very much for taking the time to come and speak to us again tonight.

DAVID COLTART: Thank you, Tony. Good evening.

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