Tuesday, July 7, 2009

MDC in conflict over Tsvangirai "'apology"

PRIME Minister Morgan Tsvangirai is taking political brickbats from his party’s senior leadership after apparently apologising to President Robert Mugabe over a boycott of last week’s cabinet meeting by MDC ministers.

Furious officials have sought a clarification from Tsvangirai amid rising tensions in the party following another row last week pitting him against Finance Minister Tendai Biti.

MDC ministers pulled out of the Cabinet meeting after it was brought forward by a day because Mugabe was leaving for an African Union summit in Libya.

Deputy Prime Minister Thokozani Khupe said the decision to hold the cabinet meeting on Monday and not the traditional Tuesday was a Zanu PF plot to deny Tsvangirai an opportunity to chair cabinet.

Tsvangirai publicly supported the boycott by his ministers, saying he “understands their frustrations and concerns”.

But President Mugabe, in an interview with the state-run Herald newspaper on Monday, claimed Tsvangirai had apologised to him.

He told the Herald: “We talked a bit about it with the Prime Minister and he apologised for it, and thought they should have come and if they had any grievances, aired their grievances in the meeting.

“It was a surprise to me to tell you the truth. I don’t know whether this is going to be the order of doing things. It’s insolence on one hand, but it’s also abysmal ignorance on the other.”

The report sparked feverish activity among senior MDC officials who say the Prime Minister’s message is increasingly at odds with the party line.

One minister said Tsvangirai was “causing agony” in the party.
“It’s a big problem. The team in cabinet is not speaking the same language as the Prime Minister and if Mugabe’s statement is anything to go by, then expect fireworks in the party,” said the minister who spoke to New Zimbabwe.com on condition of anonymity.

Saturday, June 20, 2009

Tsvangirai acting like Mugabe's grateful slave - Jonathan Moyo

MORGAN Tsvangirai was monstered by an MP last night over his performance on a world tour for failing to stand up for his government in front of western leaders.

“Where we expected dialogue among equals, he has not shown that he is an equal, he continues to behave like he is there as a faction political leader, or unfortunately a slave,” said Tsholotsho North MP Jonathan Moyo (Indep).

The astonishing attack came as the Prime Minister continued to meet sceptical western leaders who are refusing to commit direct financial aid to the government, or lift sanctions which the government says are hindering efforts to turn around the economy.

The Prime Minister met US President Barack Obama at the White House last Friday and was arriving in Britain on Friday for a meeting with Prime Minister Gordon Brown.

Obama said the US would not be restoring direct support to the Zimbabwe government until certain benchmarks were met. He committed US$73 million in humanitarian aid.

“It will not be going to the government directly because we continue to be concerned about consolidating democracy, human rights, and rule of law. It will be going to the people of Zimbabwe,” Obama said after his meeting with Tsvangirai at the Oval Office.

The aid would be disbursed by American NGOs and the World Bank, Obama said.

Moyo blasted: “Obama treated him as if he were an envoy of American NGOs in Zimbabwe, and gave the impression American NGOs are in a better position to assist the people of Zimbabwe, more than the government of Zimbabwe of which Tsvangirai is Prime Minister.

“It was a personal disaster for Tsvangirai, and at the national level a complete waste of time. He cut a pathetic figure of a grateful slave.”

Moyo charged that most of the US$73 million “would remain in American pockets, paying Americans working in the governance and democracy field. A tiny bit of it will end in a Zimbabwean stomach, but the bulk of it has nothing to do with Zimbabweans.”

He added: “Time has come for us to be honourable enough to tell the truth, it is nothing, a mere trinket for a country which needs US$8,3 billion. Tsvangirai left this country knowing we need that money.”

Moyo, a former government minister, said “Tsvangirai should have understood he was being insulted personally, and that the people of Zimbabwe through him were also being insulted.”

“If an American President behaved the way the Prime Minister behaved overseas, he would be impeached,” he said in an interview with New Zimbabwe.com.

Tsvangirai, who formed a unity government with President Robert Mugabe and Arthur Mutambara in February, says the country needs US$8,3 million to get out of the economic woods after a decade-long crisis.

Only Denmark has said it will provide direct financial support to the government, but it committed only US$18 million – not enough to pay the government’s civil service wage bill for a month.

Sweden, Norway, the Netherlands and Germany have all said they will support the government through “humanitarian aid” to be channelled through western NGOs and financial institutions.

But it was the snub by the United States which Moyo says doomed the Prime Minister’s mission. And he says far from being the reformer he projected during his election campaign, Obama is using an old template in US-Africa relations.

He said: “Zimbabweans here were hoping Tsvangirai would make their case, he was there at the Oval Office on behalf of the government of Zimbabwe and failed to acquit himself as such.

“His host told him he would rather deal with people of Zimbabwe as if Tsvangirai was not aware he was there on behalf of the people of Zimbabwe. Why did he forget he presided over a planning process which has concluded US$8,3 billion is urgently and desperately needed to get this country working again?

“There is a simple issue these guys are forgetting. The only interest that Obama can have is whether or not Zimbabwe has a legitimate government, and of course we have a government. As to what policy that government implements is none of Obama’s business, Gordon Brown’s business, it’s our business.

“We are entitled to elect nincompoops and suffer them for the duration of their tenure, but cannot allow presidents and prime ministers of other countries to say ‘these are the policies we want you to implement’. That’s absolutely preposterous.”

Moyo said Tsvangirai should have pressed Obama to realise there is a gap between idealism and the practicalities of exercising political power – as his short reign as US President has demonstrated.

He added: “Obama ran a campaign promising to close Guantanamo, investigate and prosecute CIA agents who used water boarding. He is reneging on those promises, has anyone put benchmarks on that?

“Obama has changed his promise on practicalities on the ground as president, why should he expect that others like Tsvangirai, now in government, will not encounter practicalities which dictate a change?

“Why shove a reform agenda written by donors?”

The Prime Minister “should understand Europeans and their allies put the country on fire through sanctions, they must not be congratulated for that, they must be condemned”, said the former university lecturer and political scientist.

Moyo was also scathing over Tsvangirai’s failure to stand up for Tourism Minister Walter Muzembi who was barred from the Obama meeting – because he is from President Mugabe’s Zanu PF party.

Moyo said: “It was disgraceful for Tsvangirai to allow Americans to divide his delegation. How can you lead a delegation, and be told some members of your delegation are not allowed? It is yet another glaring example of the behaviour of a grateful slave.

“While is clear that Zimbabwe has problems, and we need to solve them, this was the worst show of leadership by Tsvangirai. His conduct during his trip so far has been less than satisfactory, but his conduct in the Oval Office was scandalous.

“The White House was built by slaves, he should have felt proud in that place -- a product of the forced labour of his ancestors, but he became worse than the people who built it.”

Moyo said a “shameful dimension” of the PM’s trip played out in Harare this week when the United States Development Agency (USAID) distributed a glossy free newsletter with “embarrassing pictures of Tsvangirai posing separately with Hillary Clinton and Obama to whom he deferred”.

He claimed the USAID pamphlet was presented as a newsletter from the Prime Minister’s Office “when it is clearly an American propaganda sheet”.

He added: “What is shameful is that while civil servants are going without salaries, while the UZ remains closed, while farmers struggle to plant wheat, and while peasants have been reduced to the life of hunter gatherers, Americans are showering Tsvangirai’s Office with previous US dollars to print and distribute neo-colonial propaganda on glossy paper in the streets of Harare and Bulawayo.”

The Prime Minister’s Office said the newsletter was printed in response to a state media blackout and misrepresentations of the PM’s overseas visit.

Morgan Tsvangirai jeered into silence

Zimbabwe's Prime Minister Morgan Tsvangirai has been forced to cut short an event where he was addressing Zimbabwean exiles due to jeering.

Mr Tsvangirai was addressing more than 1,000 exiles, whom he urged to return home to rebuild the country, during an event at London's Southwark Cathedral. But his appeal was poorly received as questions were raised over assurances he made about the country's stability.

Mr Tsvangirai's UK visit is the final stage of a tour of Europe and the US. He has been seeking funding for the unity government he formed with President Robert Mugabe in February.

Mr Tsvangirai, the leader of the opposition Movement for Democratic Change who became prime minister in the power-sharing deal, said the country needed the exiles' skills and money to help to rebuild Zimbabwe. He told the audience that improvements had been made through the creation of a "transitional" government, and that no-one had been "fooled" or co-opted.

Referring to the power-sharing deal, he went on: "It represented the best solution to a crisis that has engulfed us as a people."

The Zimbabwean prime minister said inflation had been cut, schools had reopened and previous scarce commodities were now available, adding that the government had "made sure that there is peace and stability in the country".

That assertion provoked a noisy reaction from sections of the audience. He went on: "Our mission is to create the necessary space, the necessary freedoms for Zimbabweans. Our mission is to make sure that we give the people of Zimbabwe hope.

"Zimbabwe is changing for the better, and that change is for you and me to ensure that we can build a Zimbabwe together."

He acknowledged that no-one should forget the struggles and suffering of the Zimbabwean people, adding that he, as a victim of beatings and arrests, would be the last to forget the past.

However, Mr Tsvangirai told the gathering that the plan to work towards a new constitution and referendum over the next 18 months was the correct one.

The European Union still holds sanctions against Zimbabwe, and EU leaders have told the Zimbabwean prime minister they want to see improvements in the human-rights situation in the country before they consider lifting them.

The Foreign Office in London has sounded a similar note, with minister Lord Malloch Brown saying sanctions would not be lifted until Zimbabwe's transition to democracy has "reached a point of no return".

Mr Tsvangirai is expected to hold talks with British Prime Minister Gordon Brown on Monday.

Tuesday, June 16, 2009

Zimbabwe Independent editors challenge constitutionality of Criminal Law

swradioafrica.com
Zimbabwe Independent editors, Vincent Kahiya and Constantine Chimakure on Tuesday appeared before magistrate Moses Murendo applying for a referral to the Supreme Court where they seek to challenge the constitutionality of section 31 of the Criminal Law (Codification and Reform) Act, which they are charged under.

Media watchdog, Misa-Zimbabwe, reports the two appeared along with Michael Curling who is representing the Zimbabwe Independent. The matter has however been postponed to 9 July to enable the prosecution to file its response.

Their lawyer Innocent Chagonda asked the magistrate for a referral to the Supreme Court stating that section 31 of the Criminal Codification Act, which attracts a maximum sentence of 20 years, is unconstitutional. The defence team say the penalty of a 20 year sentence imposed by section 31 is so heavy and disproportionate to the offence that it infringes section 20 of the bill of rights. Section 20 of the constitution of Zimbabwe guarantees the right to freedom of expression.

Chagonda also filed a second application in which he wants the Supreme Court to determine whether two law officers from the Attorney General's Office, namely Michael Mugabe and Morgan Dube, cited as State witnesses, can act as both complainants and prosecutors at the same time in the case.

Chimakure and Kahiya are being charged for the publishing or communicating of falsehoods when they published a story in May revealing the names of law enforcement agents involved in last year's abductions of MDC and civic activists.

The story titled, Activist abductors named - CIO, police role in activists' abduction revealed, stated that notices of indictment for trial in the High Court served on some of the activists revealed that the activists were either in the custody of the CIO or police during the period they were reported missing.

The Media watchdog said in a statement: "The two journalists submitted that as journalists, the very nature of their job obliges them to write on a regular basis, a task which they cannot safely or efficiently execute if they live in constant fear of arrest for their writings. This is a hindrance to free expression and it therefore violates the Constitution, the journalists argue."

The Invasion of Mount Carmel: From the Zimbabwe State Media Perspective

SOKWANELE.COM - For those who have not experienced the peculiar perspective of Zimbabwe’s state-controlled media, here’s an example in the form of ZBC coverage of the legal struggle for Mount Carmel farm (published on Friday 12 June). Please note, this farm is protected by a SADC ruling.

White farmers cause chaos at Dr. Shamuyarira’s farm

White farmers have regrouped themselves at Mount Carmel, a farm allocated to Zanu-PF Politburo member Dr Nathan Shamuyarira in Chegutu where they are causing chaos in clear desperate attempts to reverse the land reform programme.

The situation at Mount Carmel and Tyford farms in Mashonaland West Province was tense when ZBC News arrived.

The white farmers Bruce Campbell, Ben Freethe and Meredith had regrouped in their battle to try and evict ZANU PF politburo member Dr Nathan Shamuyarira and the party’s Central Committee member Cde Jimayi Muduvuri.

Dr Shamuyaria’s farm manager Cde Landmines Madongonda said on different occasions, the white farmers escorted by foreign journalists came to the farm to provoke the farm workers so as to create ugly scenes which could then be used to create false stories.

He said on Thursday the white farmers came and took away the farm workers’ food, clothes and a DDF tractor which was later recovered in Chegutu after being dumped there.

Cde Muduvuri who is facing the same problem said he is now worried about the constant visit and resistance by the white farmers and foreign journalists and says they are bent on stage managing events within the farms so as to come up with stories that tarnish the inclusive government.

Zimbabwe Lawyers for Justice National Co-ordinator Advocate Martin Dinha warned the white farmers to stop playing games reminding them that the Global Political Agreement signed by the three political leaders has clearly stated that the land reform is a closed chapter that cannot reversed.

The new wave of farm disturbances by white farmers who are now working in cahoots with hired foreign journalists have been described by observers as blatant attempts bent on discrediting the inclusive government by stage managing some form of chaos within the farms.

Some sections of the western media have claimed that there are fresh farm invasions in Zimbabwe reports which have been dismissed as untrue by the inclusive government.

Tsvangirai denies running Mugabe's errands

WASHINGTON – Prime Minister Morgan Tsvangirai has vehemently denied that he was sent by President Robert Mugabe to beg the West to remove sanctions imposed against him and his top lieutenants by countries in the European Union and the United States of America.Speaking in an interview as he prepared to leave the United States where he met President Barack Obama and senior Senate and Congress leaders, Tsvangirai said reports emanating from Harare that he was tasked by Mugabe to come and seek the removal of the targeted sanctions were far from the truth.

“I was not sent by anyone, it was my own initiative,” he said. “I told the President that it was time to reengage with the rest of the world following a cabinet resolution on reengaging the EU and other western countries. I took the initiative – I would have stayed at home, no-one would have sent me so I think it’s just a myth cultivated to promote a certain position which is not the objective of the inclusive government.”

The Prime Minister said the problem with some elements in Zanu-PF was that when they think of the biting targeted sanctions against them they think that I am the one responsible for them being put in place in the first place.

“The sanctions came because of the gross human rights situation in our country – the killings, the torture, the wanton destruction of people’s properties, the violence – they know that the violence – we cannot go back there now – but the world could not just sit and watch people being killed and maimed. Did they expect the world to applaud them.

Yes we have the issue of the sanctions or restrictions but when there is no rule of law and people’s rights are being trampled on, the whole world cannot just watch.”

On being only the second African leader to meet Obama, who gave him a book written by Martin Luther King Jnr, Stride Toward Freedom, Tsvangirai said: “It was quite a profound experience, we had talked over the phone but we had never really met so as we met I think there was a degree of convergence and I think the discussion was very productive, it was very informative about where the United States stands and what we need to do as a country in order to earn the full confidence of the international community.”

He said the objective of his trips abroad were two-fold, the first being to seek re-engagement after Zimbabwe’s 10 years of isolation.

“Yes one of the reasons was to try and seek transitional support apart from just humanitarian support and we set to do and the American government has made a commitment – over 75 million dollars committed to the short-term transitional support until there is definitive progress on a number of issues.”

Tsvangirai said the overall objectives of his trip had been met though the initial meetings were very tough with many being skeptical about the current political arrangement in Harare.

He later addressed a meeting organized by the MDC in Virginia. He took questions from skeptical Zimbabweans whom he urged to come back home and help rebuild the country.

One asked how Zimbabweans in the Diaspora could trust the unity government when Zanu-PF was not even committed to fulfilling the conditions of the GPA.

Tsvangirai, tried to assure the skeptical audience, and even told them he had refused to eat with Mugabe on the first night they had a meeting together. He said the acrimony between him and Mugabe was legendary – ‘ as you know, he would call me Chematama and say namai vangu vaBona hazviite and all sorts of things and I would say, “Kamudhara aka kasingadi kusiya power, kauraya nyika (this old man does not want to step down from office yet he has ruined the country)” and all that.

“That is legendary and you all know it and the scars I have sustained in the process but we have both realized that acrimony does not bring food onto the tables of Zimbabweans, medicines, education and all so it is now all in the past and we are all committed to working towards a better Zimbabwe”.

Tsvangirai told his audience that Mugabe laments to him that his politburo was saying that he had sold out. He said he had told the President that he too was being subjected to accusations of selling out.

“So we have a position where we are being blamed by our parties for this inclusive government so I said then it means we have both sold out. But everyone in Zimbabwe knows that this inclusive government is the only way we can get to set our country back on the right track again and we need the Diaspora support to do that.

“You are very important to us – like the Ghanaians who send billions back home every year – we expect to come up with programs to see how best we can harness such resources through the estimated four million of you living in the Diaspora so you can all play a part in rebuilding Zimbabwe because I know, some of you came here single and are now married, have children and are not ready to go back. But we want many of you to ride on the train with us because you risk being left behind because things are changing in Zimbabwe.

“Zimbabwe will never be the same again.”

He assured the dual citizenship problem had been resolved through Amendment Number 18 so no-one would be asked to renounce their Zimbabwean citizen once they became citizens of their new chosen countries.

Tsvangirai has since been to German where he was given full military honours. He is now in Sweden and goes to Norway tomorrow evening. He is expected to visit Denmark, Brussels, France and Britain before going back home.

Wednesday, June 10, 2009

Tsvangirai Linked to "Mystery Woman" Behind Attempted Farm Grab

PRIME Minister Morgan Tsvangirai’s spokesman, James Maridadi, is battling to protect the Premier’s image at a crucial time after unsavoury stories linking him to a woman did a round on online publications on Tuesday, right in the middle of his tour of the United States and Europe.


Prime Minister Morgan Tsvangirai and Dr Arikana Chiyedzo Chihombori walk the red carpet at the Jacob Zuma inauguration in Pretoria on May 9.
It is being alleged that Tsvangirai and Maridadi misled the nation over the identity of the mysterious woman who walked by the recently widowed Prime Minister’s side as he arrived to attend the inauguration of President Jacob Zuma of South Africa in Pretoria on Saturday, May 9.

Maridadi, speaking immediately after the Zuma inauguration, identified Tsvangirai’s bespectacled companion as the Prime Minister’s niece. The woman has since been identified as Dr Arikana Chiyedzo Chihombori, a Zimbabwean medical doctor based in the United States.

But doubt was cast over the truthfulness of Maridadi’s assertion when a Commercial Farmers’ Union (CFU) spokesman claimed the Prime Minister had denied the relationship in a conversation with United States Ambassador to Zimbabwe, James McGee. It was not clear why it became necessary for Tsvangirai to make the denial to the Ambassador or how the CFU, which represents Zimbabwe’s white commercial farmers, became instantly privy to such a privileged denial.

The renewed controversy over the woman erupted after a commercial farmer in Chegutu claimed Chihombori had tried to seize his farm. The farmer, named by the ZWNews.com website as one L. J. Cremer, claims Chihombori had been “actively trying to seize De Rus Farm since late last year”.

John Worsely Worswick, a spokesman for Justice for Agriculture (JAG), a group which campaigns on behalf of Zimbabwe’s embattled commercial farmers, told SW Radio Africa Monday night that the farmer had approached the American embassy after De Rus Farm had been visited by an individual “with an American accent looking to take over their property”.

Worswick said: “The feedback that came to the Cremers (from the US embassy) was to the effect that this was the same woman who attended the inauguration with Tsvangirai, and that the ambassador had taken Tsvangirai to task about who this woman was, and that he had denied any knowledge of her. Now that is very alarming.”

With the raging controversy threatening to distract the Prime Minister at a time when he requires to focus all his attention on the task in hand, The Herald reported Tuesday that Tsvangirai had embarked on the tour abroad on the specific instructions of Mugabe to press for the removal of sanctions and the restoration of the country’s lines of credit.

“Prime Minister Morgan Tsvangirai is set to clash with US President Barack Obama when they meet on Friday as Washington has already announced that it will dig in on sanctions while the Prime Minister has a brief from President Mugabe and Cabinet to press for the lifting of the sanctions,” the paper reported in a front page article.

But Western nations insist they want to see more reforms in Harare, especially media reforms and a cessation of disruptive farm invasions. Tsvangirai recently characterized the latest wave of invasions as being “blown out of proportion”.

Maridadi was reported as saying that, in a bid to contain the developing crisis Tsvangirai had on Tuesday instructed Chihombori to “walk away from that farm”.

NewZImbabwe.com reported that Chihombori was expected to issue a press statement on Tuesday under pressure from the Prime Minister’s office. There was no evidence late Tuesday night that the statement had been issued. Maridadi was constantly unreachable on his number in Washington, where Tsvangirai is preparing to meet Obama on Friday.

“Dr Chihombori is the Prime Minister’s niece, that’s the truth,” Maridadi was reported to have said earlier in the day.

Chihombori’s appearance in Pretoria on May 9 alongside Tsvangirai was the cause of speculation on the internet, prompting the Prime Minister’s office to issue a statement.

“Dr Chihombori was invited separately to the Zuma inauguration, but she arrived at the same time as the Prime Minister,” Maridadi said at the time.

The matter would have died on the note had the Chegutu commercial farmer not approached the US embassy to make inquiries about the woman from America who wanted to take De Rus Farm over.

Somehow, it occurred to someone at the embassy that this was the same woman who had arrived at the Zuma inauguration in the company of Tsvangirai.

Sunday, June 7, 2009

MDC Supporters Disgusted with GNU Compromises

THE MDC-T's readiness to compromise on some challenges that have confronted the three-month-old unity government will dent the party's credibility as the country heads for another election in two years, a legal expert warned last week.

A few days after joining Zanu PF in the unity government in February, the party led by Prime Minister Morgan Tsvangirai shocked many democratic activists when it agreed to proposals by President Robert Mugabe to increase the number of ministers in violation of the Global Political Agreement (GPA).

Mugabe had initially tried to smuggle into cabinet additional ministers among his loyalists from Zanu PF without the knowledge of the MDC formations.The MDC formations said they agreed to the expansion of the cabinet, which even violated the constitution, to save the coalition from collapse.

The MDC-T also appears to have softened its stance on farm invasions and its long-held view that travel bans against Mugabe's inner circle cannot be described as economic sanctions.

Derek Matyszak, a senior researcher at the Research and Advocacy Unit (RAU), said Tsvangirai's party, which has fiercely fought for democracy and respect for the rule of law for close to a decade, was now singing from the Zanu PF "hymn book".

"Instead of insisting on enforcing the GPA and what are now constitutional provisions, the MDC simply accepts the flouting of its terms in accordance with its policy of propitiation, appeasement and compromise," Matyszak said.

The MDC-T leadership also seemed to be less enthusiastic about the need to push for the removal of Reserve Bank governor Gideon Gono and Attorney-General Johannes Tomana despite the fact that their re-appointments violated the GPA, he said.

Matyszak said signals from the party's leadership, especially Finance Minister Tendai Biti, were that they were prepared to compromise on the two if their powers were curtailed.

Biti recently said reports of serious differences between him and Gono were a creation of the media."It has also been reported that cabinet has approved Biti's proposed amendments to the Reserve Bank Act," he said. "All this indicates that the
MDC-T is once again preparing to capitulate to Mugabe's unilateral exercise of power.

"We will be told that a compromise has been reached and that Mugabe has agreed that Gono will stay but with limited powers." Matyszak said the MDC-T also made a blunder by compromising on the re-appointment of permanent secretaries as most of them were Zanu PF politicians retained from the previous administration.

"So the MDC-T will have us believe that the likes of George Charamba, the permnent secretary in the Ministry of Information, and the likes of David Mangota in the Ministry of Justice who is responsible for the conditions in the prisons are suitable and non-political appointments," he said.

"As they did with Mugabe's unilateral allocation of the ministries, they have simply accepted Mugabe's unrestrained and non-inclusive exercise of power."

But Deputy Minister of Justice and MDC-T MP Jessie Majome said compromise was better than giving up and allowing the country to slide back into a situation where it is run by an "exclusive" government. "We are aware that some of the tactics are meant to frustrate us and push us out of the game but we believe that quitting is not an option," she said.

Responding to criticism that the government had not achieved much since its formation, Majome said resuscitating the country was a process which would take time.

"You need to understand that this transitional coalition government was established to provide first aid to a dying, ailing and traumatised society," she said.

"It is more of a paramedic act on the situation we found ourselves in as a country following widespread atrocities and humanitarian crisis under the former exclusive government.

"Work is in progress to bring about the promised reforms . . . it cannot be an event but a process." But Matyszak said it was unfortunate that the MDC-T had even compromised on fundamental issues such as the opening of the democratic
space.

"MDC-T has now decided to define sanctions the Zanu PF way," he said. "It now says sanctions do not mean targeted sanctions and travel bans against those who supported the Mugabe government.

"The MDC-T now uses the term sanctions to mean the absence of IMF and balance of payments support and the provision of aid from countries that Mugabe continues to insult."

He said instead of calling on donors to "open up their wallets", the MDC-T should be pushing for the opening up of the democratic space which he said was crucial in convincing the international community to come to the country's rescue.

Matyszak was contributing to a public discussion organised by Zimbabwe Lawyers for Human Rights.

The theme of the discussion was "Assessing the Rule of Law, the humanitarian and economic situation in Zimbabwe in the context of the inclusive government's first 100 days and its 100-day action plan".

Tsvangirai, Attorney General, Clash over Media Ruling

PRIME Minister Morgan Tsvangirai yesterday said he was surprised that the state intends to appeal against a judgement in favour of freelance journalists who successfully applied to stop the defunct Media and Information Commission from interfering in their work.

Freelance journalists, Stanley Gama, Valentine Maponga, Stanley Kwenda and Jealousy Mawarire sought the intervention of the court after the Ministry of Media, Information and Publicity insisted that those without MIC accreditation would not be allowed to cover the Comesa summit.

In a move hailed as a victory for democracy, High Court Judge Justice Bharat Patel upheld their appeal on Friday evening.

The judge said the MIC ceased to exist legally last year when it was replaced by the Zimbabwe Media Commission following the enactment of Constitutional Amendment No.19. He said the order would stand notwithstanding any appeal by the respondents.

Patel ordered Minister Webster Shamu and George Charamba, the Secretary for the Ministry to retract their statements to the effect that journalists must accredit with MIC for the purposes of covering the ongoing Common Market for East and Southern African summit in Victoria Falls.

Patel said they should do this by putting notices in the print media and also through radio and television.The judge also interdicted Shamu, Charamba, "their agents and any person purporting to act on their behalf or with their authority from making statements, publishing notices, or attempting in any other way to compel the
four and or any other journalists to accredit for the Comesa summit, or assuming any functions of the ZMC including the levying of accreditation fees".

While journalists hoped this could bring a closure to the matter, MIC lawyers on Friday announced that the state would appeal against the decision.

Reacting to the announcement yesterday, the Prime Minister said he was "surprised" that the state intended to appeal.He said the AG's office had indicated in its legal opinion that "the MIC was defunct".

Tsvangirai's office had sought legal opinion from the AG's office after Charamba dismissed the Prime Minister's assurances that journalists and media houses were free to operate without licences until the Zimbabwe Media Commission was set up in terms of the Global Political Agreement (GPA).

The correspondence between the AG's office and Tsvangirai was part of the evidence produced at the High Court."It is surprising that it is the same (AG who now wants to appeal) who advised that what was happening was wrong," Tsvangirai told journalists at the Harare International Airport shortly before leaving for Europe and the United States.

Tsvangirai left Harare on an eight-nation tour that takes him to France, Sweden, Britain, The Netherlands, Belgium, Germany, Denmark and the US.He told journalists: "There is no legal basis for the media to be licensed to cover and report issues about the country."

Meanwhile, lawyers and journalists hailed Patel's judgement as a victory for those campaigning for a return to the rule of law and freedom of expression.

"It is a victory for those who wish to see a swift return to the rule of law, adherence to the laws of the country as well as cessation of the abuse of power by certain members of the executive," the Zimbabwe Lawyers for Human Rights (ZLHR) said in a statement.

John Gambanga, the executive director of the Zimbabwe Voluntary Media Council said the government must now put in place the ZMC to replace MIC.

"This is a major victory for democracy, freedom of expression and freedom of the press," he said. "I am particularly happy with the fact that the MIC's illegitimacy has been legally confirmed."

The ruling also came as a relief for journalists who have seen the MIC throwing tens of their colleagues into the streets after closing down several newspapers.Tafataona Mahoso, the controversial MIC chairman had opposed the application by the four freelance journalists.

Monday, June 1, 2009

Zimbabwe Violence: A besieged farmer tells his story

BEN FREETH'S STORY/UPDATE ON INVADERS (JUNE O1,2009)

The invaders came at 11pm. Fifteen of them — singing, chanting and crashing metal objects together by our windows. “Out, out,” they shouted as they surrounded our farm — they certainly wanted us out. They broke into the house and dragged burning tyres through the front door.

This was last Tuesday. I called the police but then the invaders took the phone away. Their leader, who calls himself “Landmine”, was armed with a rifle. They pushed us around and raised sticks and said that we must leave. They beat my tonga drum so hard that the cowhide skin broke.

One of them went up to the children, who had been woken by the din. “Josh, Josh, there’s a man in our room,” said Anna, 4. Joshua, 9, told my wife Laura afterwards that the man was making hyena noises. My other son, Stephen, is 7.

Police arrived and the invaders were ushered out. None was arrested, but “Landmine” did return my phone at the request of the police. When the police left, though, the invaders resumed their attack. They did not break in this time, but they made a lot of noise, circling the house like whooping hyenas and shouting before they left: “We will eat the children.”

To be caught on the edge of life, isolated, without help and abandoned, is a hard thing. This is how it is living on a farm in Zimbabwe today. Our house, surrounded by wild stretches of swaying savannah grasses, should be a haven of peace. For us, though, looking out and listening, there are things we see and hear that make our hearts beat fast and our minds race. It is like looking out on a tranquil river, the languid stretches of the mighty Zambezi, and somehow being able to see the crocodiles beneath the surface lying in wait for the one who is careless and not alert.

We thought that with the new Government, and Morgan Tsvangirai becoming the Prime Minister, things might get better. Underneath the waters, though, we knew that the great crocodile, Robert Mugabe, was still in control. It is clear to us now that Tsvangirai does not want to harm Mugabe’s “sacred cow” — the eviction of the last of the white men from their farms must continue. Last week Tsvangirai said that there were invasions on only “one or two farms” and that they have been “blown out of proportion”. This is not the truth. Almost every white farmer that has so far survived is either being prosecuted criminally by the State for still being on his farm, or is facing an attack in which invaders take the law into their own hands.

To stay in our home, which we built on the farm from nothing in 1999, is a battle of wits and nerve — a battle that has raged since we completed our house and had our first child. Joshua, born three days before 2000, has known nothing but farm attacks. His first brush with the invaders was when he was four months old. We were driving out to visit another farm, but militia had erected a road block on the driveway. The invaders stopped us and smashed our car windows with axes and rocks. We had to drive for our lives, with Joshua in his carrycot on the back seat.

There was a time, though, when there was peace on the farm. It was a childhood dream of my father-in-law to reintroduce wildlife to the land. When the 1,200-hectare Mount Carmel farm, which has a river flowing though the middle, came up for sale he sold everything, took out a loan and bought it to create a safari enterprise. Over many years of hard farm work his dream gradually became reality. He introduced nine species of antelope and even had 45 giraffe by the time Joshua was born. The animals did well and my parents-in-law built a safari lodge set by the Biri River.
It was a happy place then, without fear stalking the veldt. Laura, my wife, grew up among all that.

The bush war made things difficult for a time in the late 1970s, but it was never as it is now. Today, of the several hundred antelope that were here, not one remains. They have all been killed and the safari lodge has been burnt down.
The battle now is relentless, wearing and it drains all our innermost reserves. It is also an unusual battle — where else in the world does a government declare war on its own people? Where else does the State aim to destroy the economic base of the country so that people will be poorer and therefore more easily controlled? Where else do police connive with criminals to destroy agricultural production — leaving the people starving and totally dependant on the ruling party? Those who have not lived through a time of terror at the hands of a dictatorial government will never understand what it is like.

We have 500 people living and depending on the farm but none of the 150 workers has been allowed to work since April 4. They are chased away with guns by the invaders whenever they try.

Ninety per cent of our farming community has left or is packing at the moment. Tsvangirai’s appointment has hastened our demise. There is a rush to clear the farms of the last white people so that Mugabe can put his men on to the land to control and terrorise the people when the next election comes. Nobody can farm in the midst of this controlled anarchy. That is why we are now the most food-aid dependent country in the world.

Police arrived and the invaders were ushered out. None was arrested, but “Landmine” did return my phone at the request of the police. When the police left, though, the invaders resumed their attack. They did not break in this time, but they made a lot of noise, circling the house like whooping hyenas and shouting before they left: “We will eat the children.”

We can run away of course. Most people have. If self-preservation is the goal then there is no sense in staying. For us, though, there is a greater good. It is a matter of principle. If individual men and women allow evil to advance unchecked, it will prevail and more people will suffer and starve. It is hard to live and try to make a difference in a time of terror — especially with a family. My wife has been amazing. It is only our faith in God and his provision that sustains us.

Tuesday was not Landmine’s first visit. When he came last month and broke in to the house of my elderly parents-in-law, Mike and Angela Campbell, during the night, shouting that they must leave, our workers were beaten. One was put in the fire and his trousers caught alight before he wriggled out. They then beat him with sticks and metal pipes all over his body. They dumped him, his skull fractured, at the local Chegutu police station. After that it was easy for the invaders. My in-laws are still trying to recover from a savage beating and abduction on the farm nearly a year ago. Then, between the three of us, we suffered 13 broken bones. My skull was also fractured. At the age of 38 I recovered well, but Mike, 75, who sustained the worst beating, is taking a long time to mend. Our crime was to try to get the whistle blown in the SADC Tribunal. With guns to our heads, they made Angela sign a paper saying that we would withdraw from the court, but we never did.

After Mike and Angela were forced to leave, Shamuyarira’s men were able to have the run of the place. For more than a month we have not been able to retrieve any of their possessions from the house. Two weeks ago the invaders drove a red government tractor into the fenced area around our house and started ploughing up our beautiful garden and driveway so that we could not get out. They screamed abuse and threatened to burn down our home, lighting sacks under the thatched roof before weaving off down our access road and ploughing that into a quagmire too. They then went to the workers and pushed down the door to the home of the foreman, Peter. He has been working for my father-in-law for 31 years. They took him from his bedroom and started beating him and then continued hitting him with sticks on the soles of his feet through the night. We could hear the singing and the raw screams of the beating through the night air, but there was nothing we could do. Nobody knew where Peter was until the next morning when he was dumped at the police station. There were no arrests.

It is harvest time in Zimbabwe. That is one of the reasons that Shamuyarira’s men have come now. This is the largest mango farm in Zimbabwe. There were 50 tons of mangos in the pack shed and cold rooms and another 120 tons still hanging on the trees two months ago. They have stolen all of them and are now starting on the oranges. After that it will be the maize and the sunflowers — and nobody is willing to stop them.

Where else in the world do the Government sanction people to reap what they did not sow, and get away with it? Where else do people come to take homes and occupy them? Where else do people get beaten and left at police stations and their attackers drive off with impunity?

Nobody is putting in a wheat crop this year. The wheat seed sits in the warehouses and in the shops. And so there will be no bread.

When the invaders are not here there is an eerie unease. The workers’ houses are quiet and deserted — their occupants in hiding. When we do see our workers they are furtive — listening, jumpy, ready to move at the slightest threat. Ultimately it must be for them that we stay. We know that if we run they will be chased from their homes and will starve.

It is our conviction that God has called us to stay and stand and resist the evil that continues to beset the land.
Pray for us as we have come face to face with Satan.
Ben Freeth

For now, though, we are reeling, sometimes seeing stars, bewildered in a bewitched land. We are waiting for a future.

Friday, May 29, 2009

"Reinstate the Rule of Law," Zimbabwe is urged

by Cuthbert Nzou

HARARE - Amnesty International has challenged Zimbabwe's inclusive government to impose the rule of law in the country and that the administration acts against state agents and government officials who continue to violate human rights.

"The relentless silencing of government critics that characterised the previous administration is a blight on the record of the inclusive government," said Simeon Mawanza, Amnesty International's expert on Zimbabwe in a report released yesterday.

Amnesty criticised the arrest of two independent journalists and a prominent human rights lawyer over the past three weeks.

On May 11, journalists, Vincent Kahiya and Constantine Chimakure of the privately owned Zimbabwe Independent weekly were arrested and charged for publishing an article, which the state claimed, was "wholly or materially false with the intention to generate public hostility towards the police, the military and the prison service".

They were released the following day on bail and were yesterday remanded on bail to June 16 for trial. Amnesty said it believes the journalists were arrested and detained purely for exercising their right to freedom of expression.

On May 14, prominent human rights lawyer, Alec Muchadehama, who had been representing a number of human rights and political activists, was arrested and detained by officers from the police's law and order section, notorious for harassing perceived opponents of President Robert Mugabe's ZANU PF party.

Muchadehama was charged with "defeating or obstructing the course of justice" and released on bail. Amnesty said it was concerned about the apparent lack of political will by the power-sharing government to create an environment in which human rights
and media workers could freely do their work. The organisation urged the Southern Africa Development Community and the African Union to use their role as guarantors of Zimbabwe's inter-party agreement to end on going human rights violations.

"The continued harassment and intimidation of perceived government critics has held back the international community from providing much needed assistance to ensure the realisation of the economic and social rights of Zimbabwean people," said Amnesty.

"For the inclusive government to live up to its international obligations to ensure the realisation of the economic and social rights of Zimbabwean people, it urgently needs to create the conditions in which donors can feel confident about providing assistance," said Mawanza.

Amnesty International also expressed concern about reports of victims of political violence who have taken up matters into their own hands in an attempt to recover their property that was looted by ZANU PF supporters between the March and June 2008 elections.

Police were quick to arrest the people involved, but no action was taken against known perpetrators of the 2008 human rights abuses despite reports being made to the police by the victims.

"Partisan policing needs to be brought to an end, said Mawanza. "The needs of victims of the state sponsored human rights violations have to be addressed as a matter of urgency. Those responsible for human rights violations have to be held accountable and the victims accorded effective remedies." - ZimOnline

Gideon Gono to get his wings clipped?

HARARE - Zimbabwe's cabinet is said to have agreed to effect key amendments to the Reserve Bank of Zimbabwe (RBZ) Act, a development that will see the RBZ being confined to its core functions.

While the battle around the status of controversial RBZ governor Gideon Gono rages on, Finance Minister Tendai Biti is reported to have convinced cabinet on the need to clip the wings of the central bank chief, whose controversial quasi-fiscal policies are widely regarded as having ruined Zimbabwe's once buoyant economy.

President Robert Mugabe, who has declared he will not heed local or international calls for Gono to be replaced, chairs cabinet, which comprises all ministers from both Zanu-PF and the Movement for Democratic Change (MDC) parties.

"I am pleased to advise that cabinet has agreed on fundamental amendments to the Reserve Bank Act," Biti told journalists Thursday. "It is important that we restore the legitimacy, credibility and integrity of the Reserve Bank."

Biti said the RBZ reforms would ensure the bank was confined to its core business which involved the crafting of the monitory policy, supervising the banking sector and the management of the national payment systems, among other duties.

The MDC secretary-general said the envisaged amendments to the RBZ Act will also factor in recommendations by an International Monetary Fund (IMF) technical team that is in Zimbabwe to offer guidance in the banking system and central bank governance.

He said, "There would also be reforms around the board and the composition of the board.

"Most importantly the board will also play an oversight role of the bank. The board will ensure that there is compliance with the Act and various other Acts of the state.

"There will be issues around curtailment of the capacity of the bank to borrow. We have put in some restrictions there. "There will be provisions that will enforce the liquidation and rationalization of all none-core assets of the bank - companies like Home Link - so that the bank remains clean and legitimate."

Biti was confident the moves were bound to succeed saying nothing was going to distract his ministry from redressing the economy.Gono took over the reigns as central bank governor in December 2003 when inflation was still at around 600 percent. It ballooned to an estimated 500 billion percent by December last year, according to Biti.

Since the time, the RBZ was churning out loads of worthless local currency ostensibly to meet the demands of spiralling inflation while financing extravagant and often partisan government activities.

Biti said the advent of the multi-currency system early this year, coupled with a new fiscal culture by the new inclusive government, had reduced inflation to a monthly average of minus three percent. "Our biggest enemy as a ministry is politics," he said.

"There are things that we do not control, that we hope our principals and our leaders will resolve as a matter of urgency. All the outstanding issues in the Global Political Agreement we hope that they will resolve them.

"All the toxic issues around detentions, people that are being arrested, farm occupations we hope they will be resolved. If they can only help us in liquidating these things then we will be able to sprint.

Meanwhile Biti's law firm, Honey and Blanckenberg, has condemned Gono for what it described as an "unfortunate outburst against us" after he controversially accused its directors of externalization of funds and money-laundering.

In a letter purportedly written to Prime Minister Morgan Tsvangirai on May 11, Gono said Honey and Blanckenberg - where Finance Minister Tendai Biti was a partner - had stashed over US$1million outside the country in violation of exchange control regulations.

Gono said the law firm's externalization of foreign currency predated his appointment as Reserve Bank governor in 2003. He sought to use the allegations to buttress his claim that Biti's campaign to remove him from the RBZ was motivated by a personal vendetta.

New Zimbabwe.com reports that the law firm said in a statement: "Over the past few weeks (three years after the alleged offence), the partners of Honey and Blanckenberg have received a number of crude threats arising from these old accusations, stating that unless Tendai Biti, a former partner of the firm and currently Minister of Finance, desisted from his attempts to demand accountability from the governor of the Reserve Bank, the partners would face unspecified consequences. Naturally we have ignored such threats.

"Since Dr Gono states that this matter is before the courts, then it is clearly sub judice and it is regrettable and highly inappropriate that a person of his position has resorted to the media in an effort to bring this matter into the political arena without allowing the due process of the law to take its course.

"We are confident, however, in the sound judgment of the public its awareness of the integrity of Honey and Blanckenberg and its understanding of the reality of what lies behind Dr Gono's unfortunate outburst against us."

Gono's so-called letter to Tsvangirai was mysterious leaked to the media. Tsvangirai said last week that he never received the letter.If the Prime Minister never had sight of the letter allegedly dispatched to him by the governor of the Reserve Bank, while the document was splashed in various media outlets, it would be logical to assume the letter was leaked at source.

Tuesday, May 19, 2009

Elderly woman beaten and detained by police as farm attacks continue

By Alex Bell
The elderly mother of a commercial farmer has become the latest victim of violent attack, as the countrywide offensive to remove the remaining farmers off their land continues unabated.

Chinhoyi farmer, Murray Pott's 80-year-old mother, was severely assaulted by police officials on Monday when they arrested her son for being on his land 'illegally'. Justice for Agriculture's (JAG) John Worsley-Worswick explained on Tuesday that police are repeatedly breaking protocol for bringing farmers before the courts, saying the exercise "simply requires a phone call and a request to present yourself to court." Worsley-Worswick said this latest attack is "clear police brutality and harassment," and part of ongoing efforts to scupper the unity government. There was still no word on Tuesday what condition Pott's mother was in, or whether police had released her to seek medical attention.

The attack comes just days after a Banket farmer was beaten on his farm last Friday, by the son of a top political official set on taking over the farm. Patrick Stooks received serious facial injuries after being repeatedly punched and then hit in the face with the butt of a shotgun. The official, Philip Chamboko, who holds a political role at the Zimbabwean embassy in Tokyo, has been trying since last year to remove the Stooks from their land.

Patrick and his wife Sue, were both locked up for three days in deplorable conditions last year, on trumped-up charges relating to the invasion of their land. The case was eventually thrown out of court as the prosecution witnesses admitted that the police had forced their statements out of them. Chamboko's son, Gideon and his hired thugs, continued to live on the farm but last Monday a High Court ordered the illegal occupation of the land to cease. On Friday Patrick came under violent attack after he confronted Chamboko, whose thugs vandalised Patrick's farm equipment. The attack was in full view of the Deputy Sheriff of the High Court who was there to serve the order papers on Chamboko and his men, but unsurprisingly, the police have taken no further action.

The ongoing invasions of Zimbabwe's remaining commercial farms have been fully supported by police officials, acting on the direct orders of the Attorney General, Johannes Tomana. Police have repeatedly been involved in attacks against both farmers and their staff, while at the same time, police officials have refused to carry out the many court rulings ordering land invaders off stolen land. Instead, police have actively ignored the flimsy legal protection held by the country's remaining commercial farmers, hauling them before court for 'fast-track' prosecution.

JAG's Worsley-Worswick explained on Tuesday that the recent actions by a Supreme Court Judge have "paved the way for fast track litigation to go ahead." Earlier this month, Chief Justice Godfrey Chidyausiku heard the case of a commercial farmer, protected by last year's SADC Tribunal ruling, which was meant to guard against future land invasions. Worsley-Worswick explained that the Chief Justice "systematically destroyed any argument raised by the farmer in the case," and he expressed fears that it is the start of a major legal offensive against the farmers.

Meanwhile as the farming community remains under siege, thousands of farm workers have been left jobless and penniless in a country already plagued by 94% unemployment. Their plight is being completely overlooked by the unity government, which has done nothing to stop the land invasions continuing.

Zimbabwe lawyers in anti-government march

HARARE - Zimbabwean lawyers on Tuesday defied a police ban and marched through the streets of Harare to protest against government’s alleged harassment of lawyers and journalists.

The march was staged around lunch time in central Harare. The lawyers had earlier met in a hotel where a decision was taken to defy a police directive to ban the march.

Prominent human and media rights lawyers such as Beatrice Mtetwa and Alec Muchadehama took part in the lunchtime protest.

MDC legislator and parliamentary chief whip Innocent Gonese joined in the march which started at the High Court, proceeded along Samora Machel Avenue into Fourth Street and then turned into Central Avenue where the protestors gathered outside a new government complex which houses the offices of the Ministry of Justice.

The lawyers staged their peaceful protest under the watchful eye of anti-riot police outside the government offices. For about 15 minutes they hoisted placards with messages denouncing violations of lawyers and media rights.

Some of the placards read, “Stop Abductions Now” and “Rule of Law not Rule by Law.”

The police officers cooperated with the lawyers and granted access to three representatives into the government offices to present a petition.

The Minister of Justice Patrick Chinamasa and his deputy Jessie Majome were not in their offices when the lawyers presented the petition.

“The ministers were not in the office but out gallant sister Irene Petras slipped the petition under door for the minister to have sight of the petition upon arrival,” said a representative of the lawyers Chris Mhike.

Petras is the Director of the Zimbabwe Lawyers for Human Rights (ZLHR).

Mhike said the march sought to highlight the continued harassment of lawyers in their line of duty.

“The march is a protest against the violations of the lawyer’s rights,” said Mhike.

The march by the lawyers comes barely a week after the arrest of prominent human rights lawyer Muchadehama and two Zimbabwe Independent newspaper journalists.

Muchadehama was charged with seeking to improperly release a group of human rights and political prisoners that he has been representing. A clerk of the High Court was also arrested on the same charges.

The journalists were arrested for allegedly publishing falsehoods after the Zimbabwe Independent ran a story naming members of the state security agencies who were involved in the abduction of political and human rights activists last October.

Several other lawyers have been threatened with arrest for carrying out their official duties. A High Court judge has in the past indicated that a prominent Harare rights lawyer might be charged for utterances that were made against the High Court.

The lawyer had said that the independence of the judiciary was highly compromised after the court had denied bail to a group of human and political activists facing charges of banditry and insurgency.

Two lawyers from the ZLHR were arrested in February after they presented themselves at the Harare Central police station. They intended to act on behalf of Women of Zimbabwe Arise (WOZA) members who had been arrested for staging a demonstration in Harare.

The lawyers, Rose Hanzi and Tawanda Zhuwarara, were charged with inciting violence. They were granted bail and had been appearing in court on remand but were on Friday summoned to the Harare Central police station in controversial circumstances.

“We hope that the message we have been trying to get across has got through that the legal profession should be treated with the respect it deserves,” said Mhike after the march. “We should not be punished for simply exercising our duties.”

In the petition left at the Ministry of Justice, the lawyers said they wanted the government to act on the harassment.

“Your urgent attention to these issues will be sincerely appreciated,” reads the statement by the Law Society of Zimbabwe in part.

“Lawyers will be particularly grateful for an assurance from your office and the ZRP that the independence of the legal profession shall be upheld in Zimbabwe and that harassment of the legal profession shall stop immediately.”

Friday, May 15, 2009

Tsvangirai Barred from State Function

Recently National Constitutional Assembly (NCA) leaders reported they had been blocked in their attempts to see the Prime Minister, by security details at his Munhumutapa offices, despite having been invited by Mr Tsvangirai himself. The Prime Minister sent his private secretary to confirm that Dr Lovemore Madhuku and his team were his guests, but they were still turned away by the security agents.

The NCA leadership drove off but were called back by Constitutional Minister Eric Matinenga, who told them that Deputy Prime Minister Thokozani Khupe had been called in to intervene.At the time NCA Director Ernest Mudzengi said when they finally saw the Prime Minister he acknowledged that on a daily basis his visitors undergo
harassment and he was trying to stop this.This week another incident has occurred, which exposes the fact that the Prime Minister is still not being accorded the respect he deserves. A delegation from North Korea is visiting Zimbabwe and Mugabe held a state banquet in their honour.

Although Tsvangirai had an invitation to attend the banquet he was forced to make a u-turn when he arrived at the State House for the event. His spokesperson James Maridadi said the guards denied him entry, because one of his security cars had not been cleared.

Maridadi said the Prime Minister refused to go in without part of his motorcade and went back home. Maridadi said: "The Prime Minister was driving into (State House) and one of his lead vehicles was said to be unregistered by those who were manning the entrance, and they said this vehicle would not go through on account that it was not registered. So as a matter of principle the Prime Minister said in that case I might as well make a u-turn and go back home."

No one else had problems getting into State House, including other cabinet ministers from the MDC-T.
One observer said it's incomprehensible that the MDC ministers did not walk
out in solidarity with their leader: "When the MDC crowd heard that Morgan
Tsvangirai was shut out they should have left the dinner in midstream, but
shockingly sat through the entire charade."

Since the issue happened at the gate it is possible that the MDC ministers
may not have known what had happened. We tried to get clarity on this from
James Maridadi, but he said he couldn't comment on other MDC officials as he
is only the spokesperson for Mr Tsvangirai. We then called MDC spokesperson
and Information Minister Nelson Chamisa, but he said he couldn't comment as
he is not the spokesperson for the government or for Mr. Tsvangirai.

Zimbabweans have not forgotten the Gukurahundi, that saw the massacre of at least 20 000 people from the Matabeleland and Midlands regions, and the role the North Koreans played in training Mugabe's 5th Brigade involved in the attacks.

Many observers have criticised the fact that the MDC even considered attending an event for the North Koreans. Political commentator Glen Mpani said: "It's just mind-boggling why the MDC decided to sanitise the visit of such a controversial delegation, whose record on good governance is very poor. The MDC's constituency in Matabeleland was victim of the product of the Koreans. What message is it sending to them? Sadly once again under the guise of working together, the party is condoning the 80s brutal acts and impunity, and dining with the devil."

Zimbabwe's Money Problem - Gideon Gono

HARARE- Reserve Bank chief Gideon Gono met and threatened senior central bank employees whom he accuses of working with externals to oust him as the governor, a senior RBZ official said.

The threats by Gono comes at the time when an International Monetary Fund (IMF) technical team is expected in the country on Monday."The central bank governor met divisional heads today (Friday) and threatened them with unspecified action accusing them of working to oust him,"said a senior RBZ official.

According to the official,Gono said: "Some of you are working with some individuals outside the bank to remove me.I am not going anywhere I am still the governor.If the IMF team comes no-one will meet them without my approval."

Gono according to the sources declared that 'the war has just begun' and vowed no-one will ever remove him from his post.The central bank chief stands accused of printing money unchecked causing hyper-inflation when the country was still using the Zimbabwean dollar as the main currency.

The IMF says the central bank books must be audited and have already recommended the removal of Gono for poorly running the central bank causing the hyper-inflation and economic woes the country has been facing in the past six years.

However, Gono has defended himself saying he was printing money to invest in the farm mechanisation programme to assist resettled farmers.Zimbabwe political leaders in the inclusive government President Robert Mugabe and Prime Minister Morgan Tsvangirai are expected to announce the resolutions of the outstanding issues in the Global Political Agreement.

Mugabe has already said that Gono will not leave his post at the central bank while the Movement for Democratic Change has been calling for his removal.According to the GPA the country's principals are to consult each other on the appointment of senior government officials that include the permanent secretaries,ambassadors, the attorney general and the governor of the central bank.

Thursday, May 14, 2009

Zimbabwe Rape Victims: Rights Group Demands Justice

by Norest Muzvaba

JOHANNESBURG - A women's rights group on Wednesday called on Zimbabwe's power-sharing government to bring to justice people who committed human rights violations including sexual abuse against women during the run-up to a controversial second round presidential ballot won by President Robert Mugabe last June.

The Women Coalition of Zimbabwe (WCZ) also urged Southern African Development Community (SADC) leaders to pressure the unity government of Mugabe and Prime Minister Morgan Tsvangirai to uphold a regional protocol on gender.

"Any transitional process will not be effective unless it addresses the issues raised by those affected. Attempts of national healing and reconciliation without (justice) provide a short-lived remedy to conflict," said WCZ chairwoman Emilia Muchawa, during the launch in Johannesburg of a documentary on violence against women in Zimbabwe.

The documentary titled, "Hear Us - Zimbabwean Women Affected by Political Violence Speak Out", and an accompanying report titled, "Putting it Right: Addressing Human Rights Violations Against Zimbabwean Women", give detailed accounts and footage of how women were beaten, tortured and raped during the violence that engulfed Zimbabwe before the June vote.

Women's groups estimate that more than 2000 women may have been raped between May and June last year.In one of the most touching moments captured in the documentary a woman identified only as Memory recounts how she was gang raped by militia from
Mugabe's ZANU PF party at torture camp in rural Zimbabwe.

She recalls: "When I arrived at the base, they removed all my clothes and I was raped by three men, one after the other," Memory says in the documentary. She added that after the rape she attempted to file a report with the police who however declined to accept her statement.

"We are not dealing with political violence cases. The time will come when we will deal with them," Memory recollects one police officer telling her.The documentary was produced by the WCZ working in collaboration with the Research and Advocacy Unit (RAU).

RAU is a non-governmental organisation based in Harare pushing for setting up of a truth, justice and reconciliation commission and working on providing specialist assistance in research and advocacy in the field of human rights, democracy and governance.

Zimbabwe witnessed some of its worst ever political violence during the run up to the June vote that was being held after Mugabe was defeated by then opposition leader Tsvangirai in an earlier vote the previous March. But the opposition leader failed to achieve the margin required to take power and avoid a second round run-off vote.

Tsvangirai pulled out of the June ballot citing state-sponsored attacks against his supporters and in the process, leaving Mugabe to win as sole candidate.

But the election was universally condemned, with African countries that had refrained from criticising Mugabe in the past also denouncing the
violence-marred election - a situation that forced Zimbabwean leader to open negotiations to share power with Tsvangirai and Arthur Mutambara, who heads
a smaller opposition party.

The WCZ said it welcomed the power-sharing agreement or global political agreement (GPA) signed last September because the document acknowledges equality between men and women and recognises women's role in nation building.

But the group urged the SADC, which brokered the GPA, to pressure the Harare vernment to implement the power-sharing agreement in full including clauses underpinning women's rights.

Regional governments should also lean on Harare to incorporate the SADC Protocol on Gender and Development into Zimbabwean law, according to the WCZ.

Zimbabwe Wild Life - The silent sufferer

HARARE - Wildlife experts believe that hundreds of animals have been poached in Zimbabwe since the relaunch of President Robert Mugabe's land invasions soon after the formation of the inclusive government in February.

The ongoing slaughter, which includes supposedly protected species such as black rhinoceros, has wiped out an estimated 60 per cent of wildlife on privately owned game ranches and conservancies.Such areas have been overrun by thousands of settlers, who have stripped away game fences and used the wire to make snares, using the meat either for subsistence amid increasing hunger caused by dollarisation, food shortages in rural areas, or for commercial sale.

"This country's natural heritage is being decimated," said Johnny Rodrigues, of the Zimbabwe Conservation Task Force. "Unless the government restores law and order, we can ultimately kiss Zimbabwe's wildlife goodbye."

There is also evidence that rural authorities in some areas have sanctioned the shooting of game in order to feed the youth militia set up to terrorise political opponents by Mugabe's Zanu (PF) party during his campaign for re-election.
There are two main habitats for wildlife in Zimbabwe, commercial game
ranches, which earn their income from tourism and controlled hunting, and
which in some cases have joined together to form larger conservancies, and
National Parks.

Tuesday, May 12, 2009

Beitbridge: Zimbabwe's festering border post

This is a tourist's perspective on their recent visit to Zimbabwe. Their family travelled by car and entered the country through the Beitbridge Border - between South Africa and Zimbabwe.

With the new Unity Government in place, one would think that moves would point towards re-establishing Zimbabwe's once wonderful tourism industry. Since the Land Reform programme in 2000, tourism in Zimbabwe has steadily declined reaching an all time low in December 2008. After rising during the 1990s, with 1.4 million tourists in 1999, industry figures described a 75% fall in visitors to Zimbabwe in by December 2008.

Upon careful consultation with friends from Zimbabwe however, we decided to brave a visit by road. Assurance that fuel is now available at some garages were indeed true. The hotels and National Parks Camps were welcoming if stretched and tatty , the costs were high compared to those in South Africa and food was a lot more expensive.

We would love to travel to Zimbabwe again one day with our family but we made a vow that we would never ever attempt to cross into Zimbabwe at the Beitbridge Border post !As a first entry point to your country, the Border Post was a disgusting
mess, mounds of trash piled everywhere, rocks, stones, great piles of rubble (from Operation Murambatvina?), no signs, no direction, just an unenthusiastic group of uncivil servants waiting for their shift to change.

One would imagine that a Thursday afternoon at Beitbridge Border Post, nowhere near a public holiday, nowhere near the end of the month, that the traffic would not be too bad.

The toll payment was not too unpleasant, the road tax (for the pleasure of driving through the potholes) was not too undisciplined although there was no change anywhere so you just had to forfeit anything owing to you , the passports were stamped with alacrity, but the customs system is a debacle, an absolute debacle.

There were four lines of vehicles, piled high with commercial goods, intent upon passing through the single lane green route, three queues converging on single lane red route. There was no place to move forwards, backwards or to park .

It was complete and utter chaos, pity us poor tourists coming to spend an honest dollar or two in the country, as no sane tourist would ever, ever undertake this horrific experience more than once.

With the temperature at 35 degrees celsius, and a quagmire of vehicles hopelessly gridlocked, trying to literally force their way through customs, touts were yelling, vehicles were bumper to bumper to stop queue jumpers, the fuel emissions were horrendous as the hot tempered border crossers tried to cool down.

It was literally a festering, seething ugly mass of humanity and very frightening to a tourist who does not have a clue where to go and what to do next to get through from S.A. into Zimbabwe.

We sat for three hours i the baking sun in the car, our line of cars did not move an inch, there was no where to buy cold drinks. The only form of sustenance we saw was an enterprising young man who passed by the window carrying a cardboard tray of hard boiled eggs, and tantalisingly displayed on the same tray was an array of condiments like, salt, pepper, aromat and chili powder !!

When we finally forced our way, inch by inch, to the final customs point, we were harassed and berated, searched and abused. Our Gauteng vehicle registration plate seemed to inspire nothing but wrath in everybody, and our woes were still not at an end.

At every road block around the country we were pulled over by police, some in uniform, some in civilian clothes, and again subjected to unnecessary and unnerving questioning. Our little girls were becoming more and more traumatized as the journey progressed.

A visit to Zim again ? Not bloody likely !!

Zimbabwe Independent newspaper journalists arrested

By Violet Gonda

Despite the fact that a few days ago it was world press freedom day, journalists continue to be harassed and arrested in Zimbabwe, just for doing their job. On Monday two journalists from the private media were arrested for publishing a story containing the names of police officers and state agents implicated in the abductions of civic leader Jestina Mukoko, journalist Shadreck Manyere and others.

Trevor Ncube, the owner of the Zimbabwe Independent newspaper, confirmed the detention in a message posted on his Facebook site. He said: "Zimbabwe Independent Editor Vincent Kahiya and news editor Constantine Chimakure will be spending the night in the cells."

The two had spent the whole day at the police station on Monday, following a visit by officials from the Law and Order Section on Saturday to the Zimbabwe Independent offices, looking for them. The police said they wanted to arrest Kahiya and Chimakure for publishing a story naming police officers and members of the Central Intelligence Organisation, involved in the abductions of human rights and MDC activists. The activists, who were abducted and tortured between the months of October and December last year, had named in court the officers who brutalised them.

But the Zimbabwe Independent journalists were arrested despite the fact that the information was gathered from public documents, contained in court papers. The names of some of the police officers were revealed, following the formal notices of indictment for trial of the activists this past week. The Independent wrote: "They (the court papers) also revealed that the activists were in the custody of state spies, though the police professed ignorance of their whereabouts until late December when they issued a press statement saying the abductees were in their custody facing banditry charges."

"A perusal of the notices revealed that Assistant Director External in the CIO retired Brigadier Asher Walter Tapfumanei, police superintendents Reggies Chitekwe and Joel Tenderere, detective inspectors Elliot Muchada and Joshua Muzanango, officer commanding CID Homicide Crispen Makedenge, Chief Superintendent Peter Magwenzi, and Senior Assistant Commissioner Simon Nyathi, were involved in some of the abductees' cases."

Media organisation, MISA-Zimbabwe national Chairman, Loughty Dube, said police were unhappy that the newspaper exposed the officers. The arrests of the two comes at a time when the government has just held an All-Stakeholders Media Conference in Kariba, meant to look at media reforms in the country. The event was however boycotted by the major organisations from the private media, grouped under the Media Alliance of Zimbabwe. The journalists boycotted the conference in solidarity with detained journalist Shadreck Manyere.

Dube said: "The latest arrest of the two and continued harassment of other journalists, is an indication of the non-seriousness of this government in dealing with media violations. The all inclusive government had indicated that it would push for changes and call for a change in the media environment, but that is not showing."

Ironically, Kahiya and Chimakure are being represented by lawyer Innocent Chagonda, who is a member of the Joint Monitoring and Implementation Committee (JOMIC) - a panel set up to ensure the implementation of the Global Political Agreement in letter and spirit. It is also, among other issues, meant "to receive reports and complaints in respect of any issue related to the implementation, enforcement and execution of the agreement."

There are many who would say the continued harassment and imprisonment of journalists is in direct contravention of the agreement.

Sunday, May 10, 2009

Tsvangirai Accident: ZANU PF had Prior Knowledge of the Tragedy

By Gerald Harper, Zimbabwe MetroPresident of Zimbabwe Robert Mugabe, centre left accompanied by CIO Director Happyton Bonyongwe arrives at the Avenues Clinic in Harare to visit injured Morgan Tsvangirai.


In a shocking revelation that might threaten the fragile power sharing deal between ZANU PF and the MDC,it has emerged that at least three ZANU PF ministers knew about the accident which injured Prime Minister Morgan Tsvangirai and killed his wife Susan ,according to a report that was submitted to the MDC.

The details are contained in a 50 page investigation report that was carried out by a private investigation company and summited to the MDC two weeks after the accident,but the MDC has kept a tight lid on it and some members of the National Executive have not even seen it.

According to the report Defence Minister, Emmerson Mnagagwa,Transportation Minister, Nicolas Goche and Justice Minister,Patrick Chinamasa likely knew about the accident a few days before it happened.

The report also questions if President Mugabe knew about the accident beforehand as his travel arrangements to visit Avenues Hospital started being made in the morning of the day the accident occurred. Hospital Staff reportedly witnessed security agents and Mugabe’s security detail being dispatched to man the hospital in the morning.

Also in the document is compelling evidence that the Driver of the truck,Chinoona Mwanda has strong links to the Central Intelligence Organization(CIO) and the Army. The driver of the truck, which belongs to the United States Development Agency(USAID) was taken into police custody after the accident.

According to the investigation Tsvangirai’s vehicle was being escorted by a Central Intelligence Organization vehicle which, for no known reason, increased its speed and disappeared from view. Just as that CIO vehicle was out of view a truck coming in the opposite direction appeared and sideswiped the PM’s car.

MDC officials claim that no help was provided by CIO guards on the scene and when a white farmer arrived and began to film the scene he was arrested and his pictures were confiscated.

Several MDC politicians have since been involved in highly questionable road accidents since the signing of the power sharing deal.

Giles Mutsekwa, the MDC-T Home Affairs Minister was involved in a car accident last month. Mutsekwa was travelling to Harare on Mucheke road when his car was hit from behind by a Nissan Hard Body truck.

Deputy Prime Minister Thokozani Khuphe’s mother died from injuries received in an accident on the Bulawayo-Harare road last month. Minister of State Gorden Moyo and Minister of State Enterprise and Parastatals Sam Nkomo were travelling to Harare airport last month when the vehicle in which they were travelling was also hit from behind by another vehicle.

Jestina Mukoko: What's the Law got to do with it?

By Alex Magaisa
For the last six months, I have been closely following the matter of Jestina Mukoko and other activists who spent months in prison before being released in early March 2009. Others like Gandhi Mudzingwa, Chris Dlamini and Anderson Manyere have remained in custody since December 2008 despite being granted bail by the High Court.

All detainees are alleged to have been tortured and subjected to inhumane and degrading treatment by their captors. All this is happening in a country that claims to be rehabilitated and in need of assistance to kick-start a comatose economy.

On Tuesday May 5, 2009, Zimbabweans and the world at large were shocked to read that Mukoko and 17 others had been re-detained following proceedings at the Magistrates' Court in Harare.

The next day, however, 15 of the 18 detainees were released, the Attorney-General having finally consented to their bail applications.

Many people have asked, in the aftermath of this episode, what really is going on? Some have criticised the magistrate for her ruling to send the detainees to prison. Many others are plainly confused and disappointed at the turn of events.

Now, I am not a criminal lawyer but I like to think I can still read criminal legislation in the context of our political situation. I am interested to discover if this really has anything to do with the law.

This, here, is my attempt to shed light on what happened; why it may well have been within the law but is nevertheless ridiculous, given the national interest at stake in the overall scheme of things.

I will attempt as much as possible to put the language in layperson's terms, although this is at the risk of oversimplifying it, something that might disappoint my colleagues in the law.

I understand that the basis upon which Magistrate Catherine Chimhanda made her decision to re-detain Mukoko and others is Section 66 of the Criminal Procedure and Evidence Act [Cap 8:07].

This section provides for the procedure for bringing an accused person to trial before the High Court.

This simplified procedure, commonly known as the "direct indict" procedure is a departure from an older procedure which required a "preparatory examination" in the magistrates' Court before indicting the accused person in the High Court for trial. The types of offences that are tried by the High Court are called "indictable offences".

The reason for the preparatory examination was to scrutinise the evidence to determine whether the accused should be in the High Court. The trouble with this procedure was that it was time-consuming and costly both for the state and the accused.

I understand the law was changed in 1962 to allow for the "direct indict" procedure as an alternative in straight-forward case, so that a preparatory examination was not necessary.

Over time, this simpler procedure became the norm and in 2006, a new amendment produced the present Section 66, which is now under consideration as the basis upon which Mukoko and others were sent to prison for the night of May 5 2009.

Subsection 1 of this provision states that: "If the Attorney-General is of the opinion that any person is under reasonable suspicion of having committed an offence for which the person may be tried in the High Court, the Attorney-General shall cause written notice to be served on-(a) a magistrate for the province within which the person concerned resides or for the time being is present; or (b) any magistrate before whom the trial of the offence could be held in respect of the offence concerned; informing the magistrate of his or her decision to indict the person
concerned for trial before the High Court and of the offence for which the
person is to be tried".

I have underlined the key words for emphasis. Essentially, therefore, all the Attorney-General needs to do is to issue a written notice to the magistrate merely informing her that he has made the decision to indict, i.e. to formally accuse a person for trial at the High Court. The AG must of course state the offence.

It is worth noting here that the AG is not asking the magistrate for permission to do so. He is not placing evidence before the magistrate - he is merely "informing" her of his decision and of the offence. What then does the magistrate do? This requires us to look at the next provision.

Subsection 2 then states:

"On receipt of a notice in terms of subsection (1), the magistrate shall cause the person concerned to be brought before him or her and, notwithstanding any other provision of this Act, shall forthwith commit the person for trial before the High Court and grant a warrant to commit him or her to prison, there to be detained till brought to trial before the High Court for the offence specified in the warrant or till admitted to bail or liberated in the course of law."

This means that once the magistrate has received the notice from the AG, she is required to call the accused person to be brought before her court, as happened to Mukoko and others when they came to court on May 5.It is important to note that the provision uses peremptory language, i.e. the magistrate "shall forthwith" commit the accused person for trial before the High Court and also grant a warrant to commit the accused person to prison, where the accused person shall be "detained" until brought to trial or until "admitted to bail or liberated in the course of law".

This strong language shows that, once the notice has been issued by the AG, the matter is by and large beyond the magistrate's control until such time that the accused applies for bail. All that it took was for the AG to issue the notice to the magistrate, as he did on May 4, 2009.

Effectively it is the word of the AG, through that notice to cause the accused persons to be sent to prison as the magistrate does not seem to have any discretion on this - under the provision, she has to grant a warrant for the accused committal to prison.

Under the provisions quoted above, the magistrate has little, if any, power to question the nature and quality of evidence that the AG uses to indict the accused person.

That explains why Mukoko's lawyers did not challenge the legality of what she has done but instead sought to ask for evidence of the political decisions behind the March bail to be heard.

The irony here is that it is the political decisions that probably caused the AG to issue the notice that has led to the re-detention of the activists. The magistrate's position would not have changed for the simple reason that she does not have the power, unless she was considering a bail application.

For the avoidance of doubt, it is important to note that the AG could have done what he did even on the day that Mukoko and others were released in early March. He could have done it a day later, two days later, indeed any day after their release.

What then has changed? Has the State suddenly got enough evidence to give them reasonable suspicion that the accused committed the alleged offences? Perhaps. But there could be another motive, which has little to do with the law.

That the AG chose to do so on May 4, 2009 has to be considered within the context of the on-going political negotiations, which have probably hit a sticky patch.

We must also consider another relevant aspect. This is not the first time that the AG has issued a notice of this nature - indeed, as I have said it is the norm in most cases.

However, my understanding is that as a matter of practice the norm is for arrangements for bail to be made where necessary so that in this case, when the AG issued the notice, he could have stated that he would not oppose bail.

The lawyers for Mukoko and others could therefore have applied for bail, which if she had the power, the magistrate could have dealt with. That means Mukoko and others would have been spared the ordeal of jail. So why was consent delayed until a day later?

Did it suddenly dawn on the AG that it made no sense to lock away accused persons who were on bail, which bail they had not breached? Or was there a bigger, invisible hand that caused him to see reason?

There might be an argument that there is something wrong with the law which allows the AG to do as he did in this case because it is prone to abuse.That may well be true. The justice system is predicated on the basis that the officers of the law, the AG included, will uphold the Constitution and behave in a civilised manner.

It is expected that the AG will be fair, reasonable and use the powers given to him in lawful manner, i.e. that there will be no abuse of powers.That is why there have been no similar problems as this in the past. But this system is too dependent on the character of the office holder.

Someone could be vindictive and unreasonable and refuse to consent to bail, thereby consigning the accused to prison for a lengthy period of time. The presumptions are misplaced in today's Zimbabwe.There was no reason for Mukoko and others to be sent to prison even for a day.

The AG could have issued the indictment notice and indicated that he would not oppose bail. That would have been a reasonable and sensible use of the powers.

The accused have not breached their bail conditions (at least there is no allegation that they have). Given the seriousness of the charges they are facing, one might have thought they would do a runner, especially having been unlawfully captured and subjected to inhumane and degrading treatment during that initial detention. They did no such thing.

Cynics will be forgiven for holding on to the view that the cases were always politically-motivated. They have been resurrected in part due to the challenges of the current negotiations on "outstanding matters" from the Global Political Agreement (GPA). As always the law is no more than a veil to earn legitimacy.

Soon, the justifications of the rule of law will be heard from those pulling the strings. The only problem with the law as presently stated is that it is prone to abuse but a reasonable AG can still conduct him/herself without causing undue hardship to accused persons.

The Magistrate did nothing wrong - she had little power to order their release in the absence of a bail application and the consent of the AG. If the AG had opposed bail and she agreed with his reasoning then there would be cause to be more critical of her. In the end the matter was resolved because the root of the problem, at the AG's office solved it by consenting to bail. Why did it not happen on the first day? The problem is simple.

It is that those charged with power saw it fit to tighten the vice-grip on the cojones of Messers Morgan Tsvangirai, Arthur Mutambara, et al. These poor souls detained were the pawns. It's crazy. It's ridiculous. I had wanted to believe very strongly that there is something beautiful that can be salvaged from this political hybrid of a government.

But with each passing day, even my own optimism, which, I must admit can seem overly naively eternal, has taken a huge knock. Why do we always shoot ourselves in the foot? Are we surely incapable of doing the right thing? And above all, how do they, those who do these things, how do they sleep at night, if at all?

Police Seeks to Arrest Independent Zimbabwe Journalists

BY CAIPHAS CHIMHETE AND BERTHA SHOKO

AS the Kariba media stakeholders' conference, convened to draw up a roadmap for reforms in the sector, closed this weekend, officers from the Police Law and Order Section swooped on the offices of the Zimbabwe Independent seeking to arrest its Editor and News Editor.

The officers, acting on the orders of Detective Chief Inspector Ntini, said they had been sent to arrest Vincent Kahiya and Constantine Chimakure, Editor and News Editor respectively, over a story published on Friday naming Central Intelligence Organisation officers and police officers who were allegedly involved in the abduction of human rights and MDC activists in November last year.

Three officers - Inspectors Mukwaira (030805H), Justein (045073R), and Kambizi (045121T) told Zimind Group Chief Executive Officer Raphael Khumalo they had been sent to arrest Kahiya and Chimakure. Zimbabwe Independent staff do not work on Saturdays.

Ntini told Khumalo the two were wanted for questioning for publishing the names of the officers behind abductions of MDC and human rights activists last year.

In his conversation with Ntini over the phone Khumalo defended the paper's position saying the story was based on court records and that there was no basis for seeking Kahiya and Chimakure's arrest.

The information had been supplied by the Attorney-General's office as part of the notices of indictment for trial served on the MDC and civic activists and was therefore in the public domain.

Khumalo told Ntini the company would not hesitate to expose such continued harassment of the media to show the world that such violations are continuing even under the new political dispensation.

"The attempt to arrest Kahiya and Chimakure amounts to harassment," Khumalo said,"at a time when the government is holding a media reform conference to put an end to this sort of thing. The episode shows there has been no change in the role of the police."

The Kariba conference, part of a government charm offensive, began on Thursday but was poorly attended after many journalists and media organisations boycotted the event in protest against the detention of journalist, Shadreck Andrisson Manyere.

Journalists grouped under the Media Alliance of Zimbabwe stayed away from the meeting because Manyere, who is facing banditry and terrorism charges, had not been released from prison.

The journalists said it was impossible for them to attend a conference when one of their own was under detention using the same repressive laws that are meant to be under discussion.

They were also protesting against the inclusion of what they referred to as "media hangmen" on the programme.

Among those lined up to speak were former chairman of the Media and Information Commission Tafataona Mahoso and former information minister Jonathan Moyo, fingered as the brains behind the notorious Access to Information and Protection of Privacy Act and the Public Order and Security Act. But Moyo did not attend.National chairman of the Media Institute of Southern Africa - Zimbabwe Chapter - Loughty Dube said media boycotted the event because government had reneged on its promise to release Manyere as previously agreed.

Dube said the Deputy Minister of Media, Information and Publicity, Jameson Timba had assured them when they met last Tuesday that Manyere would be released the following day.

"We felt that we could not go and negotiate when our members are being persecuted," said Dube. "We are not against the media reform process but what we want is a reformed media environment."

He said journalists who attended the conference went to Kariba in their individual capacities. Zimbabwe Union of Journalists (ZUJ) president Matthew Takaona was among those who attended the conference.

Takaona said while ZUJ does not condone the arrest of journalists by government, it was necessary for media practitioners to attend the conference.

"If journalists had not come here completely, it was going to be a disaster in terms of the recommendations that are going to come out," he said.

Other journalists who attended the meeting were Financial Gazette Editor Hama Saburi, Cris Chinaka of Reuters, media consultant Bornwell Chakaodza and journalist-cum-politician Kindness Paradza.

The conference recommended that Aippa be replaced with a Freedom of Information Act and a Media Practitioners' Registration Act which will make registration of journalists a formality.

It also recommended that the Zimbabwe Media Commission be constituted as soon as possible. The commission should be a transitional body, it was said, which when the constitutional reform process is started will give way to self-regulation in the profession.

The conference said government must support self-regulation, foreign investors should only be able to take up 49% in local media, criminal defamation should be repealed, cross-ownership of media disallowed and government should assist in the formation of a National Employment Council (NEC) for journalists.

It was also suggested that the ZBC board be appointed by Parliament to make it a fully public broadcaster.

No foreign investors in community radio stations should be permitted but donations would be acceptable and the President and the Prime Minister would not be "insulted".

Last week's re-detention of Zimbabwe Peace Project director Jestina Mukoko and Manyere's continued incarceration triggered the initial move to boycott the conference.

Although Mukoko was released last Wednesday along with other political detainees, Manyere remained detained along with Tsvangirai's former personal assistant Gandhi Mudzingwa and MDC director of security Chris Dhlamini.

BY CAIPHAS CHIMHETE AND BERTHA SHOKO