EC ambassadors to tour Manicaland

The Herald

FIFTEEN ambassadors of the European Union accredited to Zimbabwe and the Head of Delegation of the European Commission are this week visiting EU-funded projects in Manicaland Province.

The visit, which is organised by the delegation of the EC, is taking the ambassadors to Rusape, Nyanga and Mutare, where several EU-funded projects are under implementation.

In a statement this week, the head of the EC in Zimbabwe, Mr Xavier Marchal, said the visit would cover a food distribution operation organised by the World Food Programme with EU funding in Rusape and a tour of an agricultural project funded by ECHO, the humanitarian department of the EC.

The ambassadors will also visit the Sangano Dairy Project. The dairy project, funded by the EU since 2001, involves the establishment of milk processing centre and improvement of the farmers’ dairy herd and on farm production through training. The project is part of the Micro Project Programme (MPP) covering the whole country.

They will also visit the NATPHARM regional storage centre in Mutare. This is part of an EU health support programme, which mainly deals with the procurement of vital and essential medicines, vaccines, hospital equipment and spare parts to be used by public health institutions.

However, eyebrows have been raised after the EC statement revealed that the ambassadors would hold a meeting at the Mutare office of the Legal Resources Foundation (LRF), a project whose objective they say is to encourage a democratic environment in Zimbabwe and the respect of people’s rights. But most Zimbabweans know the LRF as a group of anti-Zimbabwe lawyers formerly headed by MDC secretary for legal affairs Mr David Coltart.

The EU imposed illegal sanctions against Zimbabwe after being drawn into the bilateral dispute between Harare and London.

Zanu-PF Secretary for Information and Publicity Cde Nathan Shamuyarira urged the EU ambassadors to stop practising double standards.

“They must stop the double standards where on one hand they say they are funding humanitarian projects yet on the other they are imposing illegal sanctions on Zimbabweans,” he said.

Cde Shamuyarira urged the EU envoys to direct their energies towards advising authorities in their native countries to lift the illegal sanctions imposed on Zimbabwe when they meet in Brussels, Belgium, next month.

“EU ambassadors should report to their capitals that Zimbabwe is an internally democratic country. In the last 10 months we have had elections of parliamentary candidates and senators, including for those constituencies they are visiting,” he added. In their statement, the ambassadors said the EU restricted its co-operation with Zimbabwe in February 2002.

“Financial support for projects has been suspended, except that in direct support of the population, in particular in the social sectors. Contributions to operations of a humanitarian nature have not been affected. The EU is also supporting activities to support democratisation, the respect of human rights and the rule of law.”

Political analyst and head of the Media and Information Commission Dr Tafataona Mahoso dismissed the ambassadors’ statement as Euro-speak propaganda.

“You know what happened to Afghanistan when (American president) George Bush dropped bombs that resembled food packages.

This is what is happening here. You should count the number of times they (ambassadors) say ‘humanitarian’ in their statement. The overemphasis on humanitarianism shows that this is not at all humanitarian. One cannot claim humanitarianism but should be seen to be humanitarian,” Dr Mahoso said.

He added that the visit to the LRF offices gives the whole plot away, saying the organisation was at the centre of defining human rights as “white rights” and the rule of law as “rule of white law”.

LRF was at the forefront of legal challenges launched by white, former commercial farmers in protest at the acquisition of white-held farms earmarked for resettlement.

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Now aristocrats will be evicted for living too close to Mugabe

Daily Telegraph (UK)

Harare – Owners of property next to President Robert Mugabe’s retirement mansion have received written warning that their houses will be confiscated by the state. The move represents the first time Zimbabwe’s elite, both black and white, have suffered at first hand. Millions of Zimbabweans were affected by last year’s “clearances” of urban shantytowns and much of the rural population hit by Mr Mugabe’s war on white farmers. But, until now, many members of the aristocracy have escaped unscathed – and even set up home in close proximity to his putative retirement home. Mr Mugabe, 82 next month, has nearly completed a huge luxury residence which will cost more than £6 million. It is probably the largest private dwelling in Africa. The three floors amount to approximately four acres and include a ballroom, media complex and 24 bedrooms. The Chinese-styled palace overlooks dams and a newly-planted 50-acre garden protected by a 12ft wall. The interior includes a Moroccan-style public room plastered by north African craftsmen. Original Chinese decorations have been used in several other public rooms. The palace is overlooked by scores of luxury residences, some still under construction in a special estate, Borrowdale Brooke, about 18 miles north of Harare. The first 15 homeowners at Borrowdale had warning letters on Wednesday from the valuation department of the Local Government Ministry. “This serves to advise you that your property falls in a designated security area in terms of general notice of 255 of 2004, and we will be in contact with you soon with a view to inspecting your house for valuation purposes.”

Scores more residents living in lanes around the palace say they are sure they will receive similar letters soon. Among them are older couples hoping to sell their homes and retire closer to children who left Zimbabwe during the upheavals of the past six years. “We will never be able to get out now,” said an 84-year-old woman. An estate agent specialising in Borrowdale properties, said: “These letters wiped out the value of any property close to the president’s palace. Those who have actually received letters warning them their homes will be acquired must know that they will never be able to sell their homes and that they will receive no compensation.” The Zimbabwe government is bankrupt and is struggling to pay its civil servants’ wages. It has no money to import essentials such as fuel. Only a handful of more than 4,000 white farmers whose homes, lands and businesses were confiscated by the state in the past six years received compensation, in most cases less than two per cent of the value of their property. David Coltart, a legal spokesman of the opposition Movement for Democratic Change, said: “Mugabe’s house has been under construction for years and this irrational, bankrupt regime only notifies residents now.”

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Shoot to kill

Newsweek
By Joshua Hammer

Inside the hidden links between American big-game hunters and Zimbabwe’s Mugabe dictatorship

Jocelyn Chiwenga is not a woman to be taken lightly. The wife of Gen. Constantine Chiwenga, commander-in-chief of Zimbabwe’s armed forces, Mrs. Chiwenga has earned a reputation in her own right as a vicious enforcer for President Robert Mugabe and his ruling Zanu PF. In April 2002 she reportedly showed up at a farm outside Harare, the capital, with an armed gang and ordered the farm’s white owner to turn over his property to her or be killed, according to documents filed in a Zimbabwean court. One year later, Chiwenga accosted Gugulethu Moyo, an attorney for a pro-opposition newspaper, and beat her so severely that she had to seek medical attention. “Your paper wants to encourage anarchy in this country,” Chiwenga reportedly shouted as she punched and slapped the 28-year-old lawyer on a Harare street. “Chiwenga is as close to the center of power as you get,” says David Coltart, a parliamentarian of the Movement for Democratic Change, the country’s main opposition party. She also knows how to use her power. About three years ago, Chiwenga won an auction for a coveted lease on a 220-square-mile tract of bush, owned by Zimbabwe’s Parks and Wildlife Authority, located just outside Hwange National Park in southwest Zimbabwe. Abounding in the Big Five – lion, elephant, Cape buffalo, leopard, and black rhino – Chiwenga’s property has since become a choice destination for professional hunters, particularly well-heeled Americans.

Now, Chiwenga’s business ambitions – as well as her political clout – have brought her to the attention of the U.S. government. Last November, the Treasury Department added Chiwenga, 50, to a list of 128 Mugabe relatives and cronies who are “undermining democratic processes or institutions in Zimbabwe.” The Treasury Department has blocked the assets of those on the list and established penalties of up to $250,000 and 10 years’ imprisonment for anyone who does business with them. And that executive order has put dozens, if not hundreds, of Americans who hunt on her land in legal jeopardy. Chiwenga’s sanctioning by the U.S. government has drawn new attention to the unsavory, and usually hidden, links between American sportsmen and the Mugabe dictatorship. During the past six years, Zimbabwe’s economy has been in free fall, with the country’s gross domestic product dropping by half and agricultural production sinking by more than 80 percent. But hunting has remained one of the country’s few thriving industries, bringing in as much as $30 million annually, according to conservationists and professional hunters in Zimbabwe. Much of that cash has gone into the coffers of Zanu PF insiders, who have gained control of government-owned safari land at below market prices, reportedly through rigged auctions in many cases.

One of Chiwenga’s neighbors in the Victoria Falls area is Webster Shamu, Mugabe’s Minister of Policy Implementation, and a key architect of Operation Murambatsvina – “Clean out the Rubbish” – the brutal slum clearance program that has left some 700,000 poor black Zimbabweans homeless. (Shamu is among the original 77 insiders who had their assets frozen and were barred from entering the United States by the Treasury Department in 2003). Another big player is Jacob Mudenda, the former governor of Matabeleland North. All of them do a brisk business catering to professional American hunters, who make up about half of the clientele, according to industry insiders. The Mugabe cronies-turned-safari operators are usually careful to conceal their direct involvement in the hunting business. Jocelyn Chiwenga, for example, seems to work through a network of agents that markets safaris heavily in the United States but never reveal the name of the property’s primary lease holder.

Among them: Rob and Barry Style, owners of Buffalo Range Safaris, based in Harare. The Style brothers are regular participants at the Annual Hunters’ Convention scheduled for next week in Reno, Nevada – a three-day marketing extravaganza sponsored by Safari Club International, America’s largest hunting club – and at other venues where American hunters congregate. Although Rob Style denied in an e-mail to Newsweek that he had a business relationship with Chiwenga, several professional hunters in Zimbabwe insist that the brothers have frequently taken clients to shoot animals on her property. The Hunting Guide, an industry newsletter published in the United States, also names Buffalo Range Safaris as a hunting-safari operator on Chiwenga-owned land. Asked whether Safari Club International was concerned about the prospect of facilitating commercial links between American hunters and a sanctioned Zimbabwean figure, David Nagore, an SCI spokesman, says “On the advice of counsel, SCI has no comment on the matter.” American hunters are also flocking to private-game reserves that were seized without compensation, and sometimes with violence, from white farmers and ranchers as part of Mugbe’s radical land-reform program, which reached a peak in 2002. That property is now mostly in the hands of Zanu PF activists and Zimbabwe independence war veterans – considered to be among Mugabe’s most diehard supporters.

While hunting on these properties doesn’t violate U.S. sanctions, human-rights activists and political opposition figures in Zimbabwe say that it is morally objectionable and helps to give legitimacy to a repressive regime. In addition, it is on these ranches, Zimbabwe conservationists charge, that some of the worst abuses of the country’s environment are taking place-abuses that could threaten the survival of Zimbabwe’s rich wildlife, especially the endangered black rhino. Many of the land owners who took this property by force have no experience in wildlife conservation: they reportedly ignore strict hunting quotas established by the Wildlife Authority on prized species such as lion and leopard. They also allegedly kill animals, including rhino, inside protected wildlife areas such as Hwange National Park, one of southern Africa’s most renowned game reserves. “Poaching is rife,” says Johnny Rodrigues, the head of the Zimbabwe Conservation Task Force, a private activist group. “There’s no law and order here.”

Sorting through the thicket of charges and countercharges can be difficult. Larry Cumming, a white rancher, purchased Woodland Estates near Victoria Falls more than 30 years ago and developed it into one of the country’s best hunting and safari reserves. “I built dams, fenced the property, sunk 22 boreholes, purchased wildlife,” he says. But in 2001 the Mugabe regime forced him to surrender half his property – and half his hunting revenue – to 89 destitute Zimbabwean families as part of its land-redistribution plan. Threats were exchanged and, in 2003, Cumming and his wife fled the ranch and moved to Victoria Falls. At that point, a local safari company, Inyathi Hunting – partly owned by Mudenda, the former provincial governor and a close associate of Mugabe – signed a deal with the ranch’s new owners to take over commercial hunts on the property. During the past two years, Cumming charges, Inyathi has been ignoring quotas, hunting for game on other properties, and failing to keep track of wounded animals – a serious violation of hunting ethics. “Inyathi is hunting there knowing that they will not have the property forever, so there’s pillage and rape [of the environment],” Cumming charges.

Steve Williams, the founder of Inyathi and now a marketing consultant for the company, says that he and his partners had no qualms about buying rights to hunt on land that Cummings says was stolen from him. “If your government goes with it [as a policy], then you have to go with it,” he says. Williams claims that Cumming is spreading untrue reports because he is embittered about losing the property. “I can’t condemn the man for being emotional about something that’s been his for years, but we were never a part of that,” he says. He argues that much of the hunting revenue benefits poor black Zimbabweans who wouldn’t have shared the wealth during the days of white ownership. “The 89 black families who have taken over Woodland Estate now have safe drinking water, a better standard of living, an income. We’ve taken the blows, the allegations, the ridicule of people like Cumming. But we’re operating the property in a manner that we are proud of,” Williams says.

That may be so. But in September 2005, Mudenda, along with three other top officials of Zanu PF, were accused by a conservation group in Zimbabwe of using fake hunting permits and poaching wildlife in the Intensive Conservation Areas in Matabeleland, established by the government in 1991 to protect rhino, elephant, lion and other prized species. All have denied the charges. Debate also swirls around what many industry sources call the most controversial operator in Zimbabwe: Out of Africa Safaris. Founded by four former South African policemen and based in both South Africa and Overland Park, Kan., the company has done a brisk business taking a heavily American clientele to hunt on several ranches that, according to industry watchdogs in Zimbabwe, were seized by Zanu PF activists and independence war veterans. Critics, including the Zimbabwean Association of Tourism and Safari Operators, say that the group uses poorly trained hunting guides who, among other violations, sometimes endanger the lives of their clients and overhunt species in violation of the Zimbabwean government’s hunting rules.

Zimbabwe’s Parks and Wildlife Authority banned Out of Africa last year from operating in the country. “This is an unscrupulous organization that doesn’t respect the environment and pursues unsustainable quotas,” says David Coltart, the opposition leader. Conservationist Johnny Rodrigues calls the company the most “flagrant violator” of hunting regulations in Zimbabwe. Dawie Groenewald, one of the founding partners of Out of Africa, denies that his company has done anything ethically wrong and says that he has been slandered by white Zimbabwean hunters. “The white Zimbabweans hunting in Zim don’t want anyone else coming in there to hunt – they hate South Africans coming to hunt in their kingdom,” he told Newsweek. Out of Africa’s attorney, Kevin Anderson, says that “these allegations about poaching and other illegal activities have been floating around for several years and they’ve never been substantiated.” Anderson also says that Out of Africa recently decided to stop organizing hunts in Zimbabwe because “it’s just become too difficult.” Whatever the case, next week in Reno, Out of Africa will set up its usual booth at the SCI convention – just down the hall from Buffalo Range Safaris, according to the SCI Web site. But for the hundreds of American sportsmen browsing for an African safari next week, finding out the full story of those two companies’ activities in Zimbabwe will require a real hunting expedition

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Ncube not a natural

The Zimbabwean

EDITOR – In a development that shocked many Zimbabweans a couple of years ago, the State owned daily newspaper, The Herald carried full page headline story which gave the profile of MDC Secretary-General, Professor Welshman Ncube. It was very rare for the state owned media to give positive coverage to anyone in the opposition. Zimbabweans had gotten used to stories that denigrated the MDC leaders, Morgan Tsvangirai and Professor Welshman Ncube included. In a rare admission, Professor Ncube admitted in that article that he was not a natural politician. A few years down the line, Professor Ncube has proved beyond doubt his own personal assessment of himself in an article carried in the Daily Mirror of 4 January 2006: “Even if Zanu (PF) says there is an election for a toilet caretaker we will participate”, Professor Ncube is reported to have said these words when he addressed over 600 pro-Senate supporters in Mt Pleasant after the restructuring of his faction’s Mashonaland West, Mashonaland Central and Harare provincial executive committees. Like a few other officials in the pro-senate faction, which the professor himself prefers to call the “pro respect for the MDC constitution group”, Professor Ncube had, since the beginning of the crisis that has split the party leaders into two opposing camps, been saying that he was only supporting the idea to participate in Zimbabwe’s senatorial elections because there are others within the party who think it is necessary to participate in these elections. But the statement he made in Mount Pleasant, which in essence means that he thinks that we have to participate in every election Mugabe comes up with, even if it is irrelevant. The MDC opposed the re-introduction of a senate, but in a surprising turn, some officials of the party decided that the party had to participate in the senate elections, even though many prominent Zimbabweans, including the MDC’s Secretary for Legal Affairs, David Coltart, described the senate as an irrelevant institution in Zimbabwe. It would appear from Professor Ncube’s statement that he has been pursuing his own interests under the guise of protecting the democratic rights of those MDC officials who wanted the party to participate in the senate elections. One cannot rule out the possibility that he could be the very person who sold the idea to have the MDC participate in the senate elections, which idea was quickly bought up especially by those who saw the possibility of making easy money as senators. Thank you Professor Ncube for showing your true colours. Having admitted that he is not a natural politician, the best Professor Ncube can do is to quit politics and concentrate on his legal profession or farming. There are unconfirmed reports that Professor Ncube has not been evicted from a farm he owns in the Midlands Province of Zimbabwe because he got it from Mugabe’s Zanu (PF).

Benjamin Chitate, Auckland, New Zealand

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Zimbabwe judges compromised by Mugabe’s largesse, say lawyers

Zimonline

HARARE – Too many of Zimbabwe’s judges and magistrates have benefited from the government’s political largesse that the bench could not be deemed independent, local human rights lawyers and activists said yesterday. The lawyers and activists were reacting to a statement by Judge President Paddington Garwe, when he opened Zimbabwe’s legal year yesterday that the bench was independent and not subservient to President Robert Mugabe and his ruling ZANU PF party. Zimbabwe Lawyers for Human Rights (ZLHR) executive director Arnold Tsunga, said the general consensus among the legal fraternity in the country was that the judiciary was compromised both at the personal level of individual judges and at the institutional level. “Let’s look at conditions of employment of the judiciary. The judges and magistrates are mired in poverty, the Judge President mentioned it. The conditions of service are not attractive to the extent that it will be difficult for them to have personal independence when they are economically compromised,” said Tsunga. Tsunga – whose ZHLR has taken Mugabe’s government to the African Commission on Human and People’s Rights (ACHPR) accusing it of violating human rights, undermining the judiciary and the rule of law – said judges had compromised themselves by accepting land controversially seized from whites. Some of Zimbabwe’s judges such as Justices Ben Hlatshwayo and Chinembiri Bhunu allegedly personally invaded farms while several other judicial officers were also allocated land by Mugabe’s government. Tsunga said: “A number (of judicial officers) have accepted farms which are contested. These farms have not come as written perks (in their contracts of
employment) but as discretion perks by politicians.
“When judges and magistrates are being given and accept discretion perks because of poverty, surely their personal independence is compromised as well. Institutionally, they are also compromised because the operating environment is providing them with serious challenges. Judges are given political cases to handle by politicians bent on settling personal scores.” Top human rights lawyer and the faction-riddled opposition Movement for Democratic Change party’s spokesman on legal affairs David Coltart said the bench’s failure to deal expeditiously with political cases had also cast doubt on its independence and professionalism. Coltart said: “The problem with this judiciary is that it is not seen as independent because of what happened in the last five years in terms of failure to deal with certain political cases expeditiously.” He was referring to the courts’ failure to finalise several petitions by MDC candidates against victory by ZANU PF candidates during elections in the past five years including the petition by the opposition party’s leader Morgan Tsvangirai against Mugabe’s re-election in 2002. Although election petitions are dealt with as urgent, the High Court has over the last three years failed to conclude Tsvangirai’s petition forcing the MDC leader to appeal last year to the Supreme Court, the country’s highest court of law. Officially opening the 2006 legal year, Garwe defended Zimbabwe’s judiciary as independent and professional and challenged critics of the bench to come out in the open and point out their specific grievances to judicial authorities. Zimbabwe’s bench – reconstituted over the last five years after Mugabe purged independent judges – has been criticised by both local and international rights groups for failure to defend the rights of ordinary citizens and opposition activists in the face of increasing repression by the government.

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Bulawayo South constituency: End of year letter – 2005

Dear Friends,

I cannot believe how this year has flown. In some ways it seems just yesterday that I was honoured and grateful to be re-elected by you as an MDC MP with a 76% majority. However that was in March and eight months have gone by since then. You will recall that in the run up to the election ZANU PF promised that if they were elected back into power they would stop the economic collapse, create more employment, bring an end to fuel queues, bring inflation down, tackle corruption and generally improve the lives of Zimbabweans. As I warned in my campaign, this regime does not have the ability, or the political will, to deal effectively with the many problems our nation is facing. Sadly the crisis created by the regime’s failed policies and incompetence has escalated greatly in the last eight months. Our nation is now facing a catastrophe of unprecedented proportions.

It has been as difficult as ever to communicate with you, my constituents. I find it ironic that despite the fact that I have now been your Member of Parliament for almost six years I have never once been invited to be interviewed by ZBC Montrose studios which as you know is right in the centre of the Bulawayo South constituency. The reason for this is obvious-the regime does not want me to be able to communicate with you. Indeed in the last year communications have become even more difficult. The Chronicle is still hostile. The Daily News remains banned and they are now reports that both the Daily Mirror and the Financial Gazette have been taken over by the CIO. I am not discouraged by these actions of the regime – it is clearly fearful of what will happen if I and my colleagues in the MDC are able to communicate with you freely. For the time being then I will continue to communicate with you through the means of report back meetings (which I continue to have regularly throughout the constituency) and these letters. I ask that you pass this letter around so that as many people as possible generally about what I have been trying to do on your behalf.

Projects

25 years of ZANU PF rule have subverted many institutions in Zimbabwe. Members of Parliament are primarily meant to be lawmakers not project managers but the regime has subverted this role. Even in the recent Senate election the regime threatened voters saying that if their candidates were not voted for, development would not come to those areas that voted against the regime. ZANU PF MPs have access to state funds for developmental projects, something MDC MPs do not have.

In the same 25 years of ZANU PF rule the economy has been devastated; 80% of people are now unemployed and as a result most people are desperate to participate in self-help projects and other projects that uplift their standard of living. I have recognised that with the regime not being prepared to yield power through the ballot, and with no immediate prospect of being able to restore sanity to the way Zimbabweans are governed, it has been necessary to assist working-class and unemployed people in my constituency to engage in projects pending the transition to democracy.

With this in mind I have conducted a fundraising drive to raise relatively limited funds to support self help projects in the constituency. I regret to advise that despite approaches made to several embassies I have not been able to raise funds from that source. However my approaches to individuals have been relatively successful. As a result a series of project meetings had been held in the constituency since March and I have now been inundated with over 30 project proposals from individuals and groups which would cost well over Z$3 billion to implement. As I have not been able to raise anything like that amount of money I have, in discussion with members of the constituency, decided to focus the funding we have available on a food growing/farming project. I am pleased to report that the project is on schedule. Land has been identified in Nketa; permission has been obtained from the City Council to use boreholes already on the land; some 20 people have been trained to date to farm the land and we are in the process of purchasing a pump, fencing and the irrigation equipment required for the project. I hope that in the coming weeks the project will get under way and that food can be grown in large quantities to supplement the meagre amount of food available to the people of Bulawayo. I’m very grateful to the generous individuals who have donated money and a pump (which alone is worth some Z$200 million).

When I wrote you last year I spoke about raising money to build Cricket nets. The cricket nets are now a reality thanks to a generous donation made by the English cricket team. In August the Henry Olonga cricket nets were opened next to Nketa Hall and are now being used by many cricket enthusiasts. I am in the process of sourcing cricket equipment for the people of Nketa and I hope that this will be delivered early in the New Year. I have also sourced a donation from the Zattner family which has been used to purchase playground equipment which also will be installed in the near future near to Nketa Hall.

I am still working with the Toc H Charity organisation to source funds to construct the aids victim support centre I have mentioned in previous correspondence in Emgwanin. I have recently been in contact with a South African-based Aids victims support organisation and hope that it may be able to make this project a reality. It is a shocking indictment against this regime that whilst it is prepared to create costly new institutions such as the Senate it is not prepared to provide funding for small projects such as these which are so desperately needed.

Parliament

Parliament is hardly sat this year since the March elections. When it does sit its sessions often end early and if the MDC does not debate hardly anything meaningful takes place. The regime has cynically used Parliament to entrench its own position. This is graphically illustrated in Constitutional Amendment Bill 17. This Constitutional Amendment will not create a single new job in Zimbabwe and in many respects takes our Constitution back to the dark ages.

I, together with my courageous colleagues in the MDC, fought as hard as we could to oppose the Bill. In conjunction with my colleagues within the MDC and in civil society I helped draft an entirely new Constitution for Zimbabwe which was tabled in Parliament. This constitutional draft was based on an amalgamation of the original Constitutional Commission draft and the NCA draft constitution, both of which were debated and discussed in detail in 2000. This draft constitution tabled by me in Parliament is in essence a reflection of what the people themselves said they wanted in the run-up to the Constitutional referendum which was held in 2000. There has been a lot of distortion in the press and elsewhere regarding the contents of that draft constitution. This was deliberately done to sow division within the MDC and to divert attention away from Constitutional Amendment Bill 17’s draconian provisions. Our draft constitution is now however a matter of public record and if you would like to read it a copy is available at the constituency office (located at Nketa 6 Housing Office). I encourage you to read the constitutional draft and to let me have your comments. If you would like an electronic copy of the draft constitution please send me an e-mail at byosouth@yahoo.com and I will send you a copy.

Because of the subversion of Parliament as an institution by the regime there has been considerable debate as to whether or not we should continue to participate in it. My own view is that we must use all institutions, no matter how flawed they have become, to expose the incompetence, corruption and selfishness of this regime. In the course of this year I and my colleagues have used every opportunity to expose human rights abuses and generally to speak out against the brutal acts perpetrated by this regime.

Murambatsvina

One of the most brutal acts ever committed by this regime occurred in May and June this year when Operation Murambatsvina was launched. Although Bulawayo South constituency was relatively unscathed, tens of thousands of Bulawayo residents were terribly affected by the destruction of their homes and businesses. Soon after the operation was launched in Bulawayo I did what I could to expose what was happening. I spoke out in Parliament. I had a lengthy meeting with the UN Special Envoy Mrs Anna Tibaijuka and am pleased to report that many of my concerns and recommendations were included in her final report released in July. Subsequently I have worked with donors to provide assistance to the victims. I have spoken out locally and internationally against what can only be termed a crime against humanity. My belief is that the actions of the regime constitute a clear breach of Article 7 of the Treaty of Rome, which is the statute which governs the work of the International Criminal Court. I will continue to work to get the perpetrators of this atrocity brought to book.

MDC legal affairs Department

2005 has been a very busy year for the MDC Legal Affairs Department. Soon after the March elections we brought some 15 Parliamentary challenges. They were not brought because we believed that we could get MDC MPs into parliament through the courts. These cases are necessary for two reasons: firstly to demonstrate the MDC’s commitment to respect the due process of law even though the regime has totally subverted the rule of law and, secondly, to use the court procedure to substantiate the allegations that we have made that the elections did not comply with the SADC standards and Zimbabwe’s electoral Law. Our success in this regard is best illustrated in the recent judgement we obtained in the Makoni North Constituency case. Although we did not win the case the presiding judge found that food had been used as a weapon throughout the constituency by the regime. The finding of this fact alone provides valuable evidence to us for the future in our quest to show that ZANU PF is guilty of yet another crime against humanity, namely withholding food for political purposes.

The presidential challenge case first launched in 2002 continues. We finally got the Registrar General to bring all the election materials to court after obtaining a contempt order against him which itself contained the threat of imprisonment against him. Since August we have been examining all the voting materials used in the 2002 election. We will shortly be issuing a report regarding our findings. Whilst it would be improper for me to reveal what those findings are at this stage, suffice it to say that the examination of the voting materials has provided us with valuable evidence that there was widespread electoral fraud in the 2002 presidential election.

The Senate elections

The Senate elections have come and gone. My own view has always been that they were an irrelevance. It is most unfortunate that they have caused such division within the MDC. I took a deliberate decision not to align myself with either those for or against the elections mainly because I believed that the arguments were equally strong for and against. I have been doing what I can in an attempt to reconcile the opposing sides in this debate and will continue to do so. I still hope that leaders on both sides will remember the tremendous contribution to the struggle for democracy that those opposed to them within the MDC have made and that that reminder will assist in the reconciliation process.

January 2006 will see the 23rd anniversary of my return to Zimbabwe. Since my return I have been unrelenting in my work to bring about meaningful democracy to Zimbabwe. Whilst I hope that the present division within the MDC will be healed, even if it cannot I need to remind you of two things. Firstly, I personally am not going to give up on this struggle to bring freedom and democracy to Zimbabwe. In saying this I invite you to make contact with me to let me know your views. You can either write to meet care of the above-mentioned e-mail address or you can drop off a letter at my constituency office. Secondly, I should remind you that there are many good people within the MDC, on both sides of this debate, and in civil society, who are equally determined to bring about democratic change to Zimbabwe. Whatever happens to the MDC in the coming months its legacy is already clear: it has exposed the real ZANU PF to the world, in doing so it has isolated the regime and in isolating the regime it has ensured that democratic change is inevitable.

The regime has no solution to the massive crisis that it has created in Zimbabwe. We for our part must remain committed to using non-violent methods to achieve our goals, to respecting the rule of law and to our vision for a new free, democratic and prosperous Zimbabwe. I fear that, given the desperation of so many Zimbabweans, some may be tempted to abandon some of these principles. In this regard I think it is pertinent to remind you of the words of Martin Luther King:

“I am convinced that if we succumb to the temptation to use violence in our struggle for freedom, unborn generations will be the recipients of a long and desolate night of bitterness, and our chief legacy to them will be a never ending reign of chaos”.

In the New Year we need to re-energise ourselves to use all peaceful non-violent strategies to force this regime to come to the negotiation table which in turn will see a new democratic Constitution for Zimbabwe, fresh elections and the restoration of a new Zimbabwe that we can all be proud of.

I am always amazed by the resilience, tolerance and good humour of Zimbabweans in the face of oppression and exceptionally difficult circumstances. I have no doubt that these qualities will ultimately win the day; that good will overcome evil and that Zimbabweans will soon be free. Let me remind you of some age-old wisdom from Psalm 37:

“Do not fret because of evil men or be envious of those who do wrong;
For like the grass they will soon wither, like green plants they will soon die away.
For evil men will be cut off. A little while, and the wicked will be no more;
Though you look for them, they will not be found.
The Lord laughs at the wicked, for he knows their day is coming.”

I thank you for your ongoing support and wish you a happy Christmas and a peaceful and prosperous New Year.

The Hon David Coltart MP
Bulawayo South
4 December 2005

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MDC banishes ‘rebels’

Zimbabwe Independent

THE Movement for Democratic Change (MDC) national council yesterday passed a vote of no confidence in executive members of the pro-senate faction, barring them from carrying out party functions until the party congress next year.

The resolution suspends deputy president Gibson Sibanda, secretary-general Welshman Ncube and his deputy Gift Chimanikire, treasurer Fletcher Dulini-Ncube, information and publicity secretary Paul Themba Nyathi and secretary for policy and research Trudy Stevenson.

At a meeting attended by 57 of the 66-member council, the body adopted a resolution to “dissociate with the pro-senate group” by invoking members’ constitutional right to freedom of association.

“The council resolves that pending their availability for party business, the national council resolves to exercise its freedom of association by not associating with the deputy president, secretary-general, deputy secretary-general, the treasurer-general, the secretary for information and publicity and the secretary for policy and research, among others,” says the resolution passed by delegates from all provinces except Matabeleland South.

Analysts say the resolution was crafted in such a manner as to hobble efforts by the pro-senate group to take their case to court over party assets.

In what is seen as a victory for party leader Morgan Tsvangirai and chairman Isaac Matongo against the pro-senate group, the national council reposed authority to convene all future council meetings in the secretariat while stripping Welshman Ncube of his administrative duties to arrange such meetings.

Youth chairman and MP for Kuwadzana Nelson Chamisa was mandated to take over the role of party spokesman from Nyathi.

The national council resolved that in the absence of Ncube, Dulini-Ncube, and Nyathi since October 12 when differences over participation in senatorial election split the party into two factions, Isaac Matongo would take over their functions.

The council also nullified Tsvangirai’s suspension from the party by the pro-senate group while upholding the suspension imposed on Job Sikhala, MP for St Mary’s.

Sikhala was suspended for his allegations that the MDC received funding from Taiwan, Nigeria and Ghana. He later retracted the allegations.

But the pro-senate group, which rebuffed yesterday’s meeting, fired its own salvo, saying it would not attend a “kangaroo” meeting by a former leader who now has no mandate to call meetings.

Commenting on the resolution to “dissociate” from them, Nyathi said it was misplaced and had no legal standing. It was carried out by people with nothing constructive to do, he said.

“How do you stop a political activist from doing what he has dedicated his life to doing?” Nyathi said.

“It is the most puerile resolution from anyone claiming a desire to confront this regime. It’s nothing exciting. They assume we want to associate with them.”

He disputed the composition of the meeting that resolved to “dissociate” itself from the pro-senate group, saying nine of the provinces did not attend the meeting. Nyathi said those who attended were picked from the streets for the purpose of achieving a quorum.

“That is what people like us are uncomfortable with,” he said.

The two groups are embroiled in an argument over the suspension of Tsvangirai by the Sibanda-led disciplinary committee whose composition has come under the spotlight.

Nyathi said the party would still take Tsvangirai to a disciplinary hearing before congress.

Tsvangirai has scoffed at the suspension saying only the MDC national congress can suspend him.

MDC legal affairs secretary David Coltart said the disciplinary committee had powers to suspend anyone in the party including the president, according to Article 10.4 of the MDC founding constitution.

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Legacy of failure

Zimbabwe Independent
Editor’s Memo

I THOROUGHLY enjoyed the piece we ran on our opinion pages last week by veteran journalist Bill Saidi.

In a typically rasp allegory, Saidi had this to say about the Anti-Corruption minister Paul Mangwana’s hairstyle: “He will always be remembered for a very peculiar hairstyle; or the lack of one. His hair looks uncombed most of the time. Perhaps this is how he wants to be recognised; as Harold Wilson was recognised by his pipe, Margaret Thatcher by her hats, Helmut Schmidt by his snuff, Fidel Castro by his beard and Mugabe by his dyed hair.”

Sithembiso Nyoni’s head is always adorned with fascinating hairstyles and perhaps that could be how she wants to be recognised. Like the Indian premier Morarji Desai who drank his own urine for medicinal purposes, everything about her demeanour appears normal and straightforward until her political life is factored in. Desai eventually let out the shocking secret about his life and his whole history drowned in the acrid liquid.

Perchance Sithembiso will one day tell us the secret of her political survival and how she appears to have become an extremely useful person in the government of President Mugabe.

She does not need to win an election to remain in government. She appears to live a charmed life in which the presidential crane is always at hand to pluck her from the political scrapyard, which is where the electorate in Zimbabwe believes she belongs.

The president was involved in one such rescue operation this week after Sithembiso lost in last weekend’s senate vote in Magwegwe-Lobengula.

To finish off the operation, President Mugabe then put up a mesmerising juggling act. Edna Madzongwe, a non-constituency MP and deputy Speaker of Parliament, was shifted from the lower house to become President of the Senate. The vacancy in the lower house then went to Sithembiso and with it, the reappointment to the portfolio of Small Enterprises Development minister.

She has now lost three times in national elections. She has beaten the record set by veteran politician Enos Nkala who was never able to win an election despite his long history in nationalist politics.

Nkala lost the first-past-the-post poll in Bulawayo in 1985 and 1990 when he had to be accommodated in the Kariba constituency amid protests from Mash West voters. Sithembiso is joined in the league of serial losers by former Bulawayo mayor Joshua Malinga who has also lost in three elections. He has also been appointed non-constituency senator.

Sithembiso was in 2000 routed by MDC’s Thokozani Khuphe in Makokoba. She was appointed a non-constituency member and given the post of Minister of State for Economic Development.

In April she was appointed minister when she was not an MP. She had lost the March poll in the Bulawayo South constituency to the MDC’s David Coltart. Before contesting in Bulawayo, she had literally camped in Nkayi where again the electorate thought she was not the right candidate for them.

So parliament for a brief period this year had 121 MPs because our constitution tolerates this strange arrangement for 90 days during which a constituency should be found for the extra MP. Another juggling act could have saved her.

Ray Kaukonde, who was MP for Mudzi, was appointed governor of Mashonaland East which called for a by-election in the constituency.

However, that did not save the day for her. She reportedly could not take up the offer because the people there did not know her.

In August, having failed to find a constituency, she mutated from minister to become a consultant in the Office of the President.

Attending the Confederation of Zimbabwe Industries congress in Nyanga in September, delegates sarcastically bestowed on her a new title of “Honourable Consultant”. But she is back to her former glory as honourable minister. I wonder why she had to go through another embarrassing electoral defeat to regain her post in government.

The story of Sithembiso is a graphic example of a leader subverting the will of the people. She is the epitome of political patronage which is the hallmark of failed governments. If she is not a beneficiary of sheltered employment, then she has to prove that she is too important to be missing from the list of ministers in Mugabe’s government.

She may want to claim credit for mushrooming SMEs in urban centres. She should be reminded though that this was a natural process wrought by the closure of big businesses due to the inclement economic environment.

Under her watch the SMEs and the informal sectors have failed to contribute to national development through taxes and other government levies. Under normal circumstances she should have been swept away by the Murambatsvina tide together with ramshackle shelters housing the informal sector.

She has survived three election defeats but remained in government. Is this how she wants to be remembered?

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Defiant Tsvangirai interdicted by own party

New Zimbabwe

ZIMBABWE’S warring opposition Movement for Democratic Change (MDC) party on Wednesday sought a court interdict against its leader restraining him from conducting business on behalf of the party.

The MDC has been rocked by factional fighting, culminating in last week’s suspension of Morgan Tsvangirai by the party’s seven-member disciplinary committee. Four members of that committee came up with the decision.

Tsvangirai now has 10 days to show cause why a final order should not be issued against him — barring him from representing the party at any level and compelling him to surrender all MDC property.

The court action followed Tsvangirai’s defiance of his suspension announced in a letter by his deputy and chairman of the party’s disciplinary committee, Gibson Sibanda.

Sibanda said Tsvangirai had “acted in wilful violation of the MDC constitution” and was suspended from conducting any party business. Tsvangirai was also instructed to hand over all MDC property and relinquish his perks.

MDC sources told New Zimbabwe.com last night that Tsvangirai had planned to file his own court petition on Wednesday, objecting to being prevented from entering the party’s Harvest House headquarters or using MDC cars.

Tsvangirai’s camp appeared to have noted that there could be a technical way out of the suspension because all MDC properties are registered in the names of two directors — Ian Makoni and Reverend Tim Neil of the Anglican Church.

All the properties, however, are owned and maintained by the MDC.

Tsvangirai’s arguments are now likely to be heard within the next 10 days during which he has to oppose the granting of a final order.

Tsvangirai, through his spokesman William Bango, has claimed that the MDC constitution did not provide for the suspension of the president, although this has been rejected by the party’s legal affairs secretary, David Coltart.

Bango has also suggested that Sibanda is an interested party who has already taken a position in the conflict, thereby disqualifying him from acting as an impartial judge on the matter.

The MDC split was dramatised by differences over the Senate, a newly created legislative body whose elections were held at the weekend.

Sibanda and other senior colleagues say Tsvangirai breached the party’s constitution when he went against a vote of the party’s national council supporting participation in the senate elections.

Sibanda’s group fielded 26 candidates out of a possible 50, and gained seven seats in the MDC’s traditional stronghold of Matabeleland.

Analysts say while Sibanda’s camp has an upper hand on the legal front, “Tsvangirai controls the political temperatures” and his position enjoys popular support.

Some among Tsvangirai’s camp are openly talking of starting a new group called the Resistance Movement to wage a democratic struggle against President Robert Mugabe’s autocratic administration.

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MDC’s constitution backs Tsvangirai’s suspension

The Cape Argus (SA)

Morgan Tsvangirai has been suspended as president of the Zimbabwe opposition MDC, at least according to the party’s constitution. MDC legal secretary David Coltart, who has refused to be aligned to either side in a dispute which has ripped the party apart, said that according to Article 10.4 of the founding constitution, the disciplinary committee had the power to suspend anyone. Coltart was disturbed by the letter of suspension delivered on Saturday during the senate election, which the MDC lost. “I question the wisdom of taking this action at this point in time,” he said. The disciplinary committee is chaired by vice-president Gibson Sibanda, who met three other members, including lawyer Josphat Tshuma, in Bulawayo last week. They drew up the letter and sent it to Tsvangirai. At first Tsvangirai reacted by claiming that he could not be suspended, but yesterday, via his spokesman William Bango, he said: “I don’t want to get bogged down in legal interpretations. This is a political problem and would have to be sorted out politically.”

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