AG Declines To Prosecute Bennett on Nine Years Ago Charges

RadioVOP
April 6, 2010

Harare, – The Attorney General’s office has declined to prosecute MDC treasurer general Roy Bennett on charges of holding to maize nine years ago in matter that has been described as persecution rather prosecution.

Bennett was last week served with fresh summons last week at the High Court where he is on treason trial and he was supposed to appear before a Chipinge magistrate for breaching the Grain Marketing Board Act.

Chief Law Officer Chris Mutangadura in the AG’s office on Tuesday said the AG’s office is no longer pursuing the matter on the grounds that there was no justifiable reason why the matter was not heard in 2001 when the summons were issued.

“We are not going to pursue that matter at the moment. We have told Bennett’s legal practitioners to wait to hear from us on the way forward. What we need to check now is who was holding on to those summons because this is a straight forward case which could have been dealt with back then,” said Mutangadura.

Bennett’s lawyer Beatrice Mtetwa of Mtetwa and Nyambirai said they approached the AG’s office to intervene after realizing that the trial was not going to go ahead.

“What we did last was to approach the AG (Johannes Tomana) to intervene because we had not been offered the docket and the witness statements. The AG agreed that there was no need for Roy Bennett to travel all the way to Chipinge when we knew that the trial will not proceed,” said Mtetwa.

She said the AG said he will make a determination after going through the docket which “he is yet to receive from police officers from Chipinge”.

The charges against Bennett arose after he allegedly violated the Grain Marketing Board (GMB) Act for failing to declare 92, 289 metric tones of maize to the authorities nine years ago.

The State alleges that on October 22, 2001 and at Charleswood Estate Chimanimani Roy Leslie Bennett wrongfully and unlawfully was found in possession of 92, 289 metric tones of maize which he did not declare to the authorities in terms of the GMB act.

According to the Constitution of Zimbabwe any person charged with a criminal offence shall be accorded a fair hearing within a reasonable time.

Therefore it is a fundamental breach of a person’s human rights if prosecutions are not brought expeditiously against a person accused of crime. If there is a delay a person accused of a crime may not, for example, be able to call witnesses in his defence.

Meanwhile David Coltart, secretary for legal Affairs in the smaller Movement for Democratic Change (MDC) faction and Education Minister was quoted by the Prime Minister’s Website condemning the move to prosecute Bennett on charges that happened nine years ago.

“In short it is not open to the police to bring charges now when they should have been brought years ago when the crime was allegedly discovered. The police cannot keep charges locked away in a drawer to be brought out at an “appropriate” moment. If a crime has been committed by a person known to the police then charges should be brought immediately against that person. Accordingly the prosecution of Senator Bennett at this late stage appears to be a clear breach of section 18 of the Constitution. The Attorney General has a duty to explain to the public why it is that this prosecution was not brought earlier. If he cannot do so then the public will assume that there has in fact been a breach of section 18 and a denial of a fundamental right to Senator Bennett.”

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First term was a waste

Sunday News
4 April 2010
By Vincent Gono

THE just ended school term was a huge waste as no learning took place at most public schools amid reports that some teachers forced children to sleep in class during lessons as they continued with their sit-in for better salaries.

In interviews last week, parents and students accused the Government of showing a non-committal attitude towards resuscitating the ailing education delivery system that has been on a free-fall over the past years . The said unless something was done to resolve the teachers, Public Service Commission stalemate there was dangers that the situation would deteriorate further during the second term.

It also emerged that some pupils at various primary schools were forced to sleep while others were being given assignments to try to maintain a semblance of order and reduce noise. The teacher however did not bother to mark given assignments that were a daily diet for pupils.

The fall of standards of education in public schools has also seen the emergence and sprouting of private colleges that are charging amounts beyond the reach of many average earners.

The Minister of Education, Sport, Arts and Culture, Senator David Coltart, acknowledged that the country’s education sector was a national crisis insisting that the situation that prevailed last term was unlikely to improve in the short term, as insufficient money has been made available to pay teachers.

He insisted that there was little the Government could do, as there was no fiscal space to allow payment of salaries that the teachers were demanding.

He confirmed that there was little learning in schools this term owing to a myriad of problems dogging the sector chief among them the crippling strike by the teachers.

Senator Coltart said the challenge they face now was to try and recover the time that was lost urging the nation to appreciate that there was a slight improvement in the situation compared to that of last year.

“It is true that there hasn’t been much learning this term because of the strike by the teachers. That there is a lot of time lost is a fact that we cannot dispute and we are trying to put everything in place to recover the time lost. While it has to be stressed that the Government had no money people should appreciate that this year’s learning was better compared to last year. I have raised the concerns in Cabinet and as soon as there is fiscal space reasonable wages and salaries will be put in place. As of now it is difficult for me to deliver and rehabilitate the sector as there was insufficient budget allocation,” he said.

Senator Coltart added that textbooks would be made available to schools in the country as part of efforts to revive the education delivery system but conceded that textbooks alone could not complete the rehabilitation process if not complemented by human resources.

He said while the Government was working out something teachers needed to be patient.

Parents interviewed said the school term that ended on Thursday was nothing but a waste of resources and time as nothing substantive was done in the classrooms with some of the schools not even bothering to demand school fees and levies, as a result.

They said the just ended school term that was punctuated by a prolonged teacher’s strike which later turned into a sit-in until the end of the term was a pointer to the reluctance by the Government to rectify the anomalies that have been dogging the sector for almost half a decade now.

Parents urged the Government to work on restoring the country’s education system to its past glory. They expressed fear that if nothing was done the ugly state of affair would spill over to the next school term.

“My child was punished for opening his eyes when they were being forced to sleep in class by their teacher. They were not doing anything that justifies the amounts of money that we have paid. I think it’s high time parents should take it upon themselves to see to it that their children are getting something out of school as opposed to the raw deal that we have been subjected to by the Government.

The just ended term was one whose time was thrown to the dogs and it should be borne in mind that time lost will never be recovered,” said a concerned parent on condition of anonymity.

He lashed out at school teachers in public schools for their continued demand for incentives saying they were not doing their duties to the satisfaction of their paymasters — the parents.

The angry parent called for an end to incentives saying teachers should not be paid for forcing children to sleep in class or doing home work.

Mrs Nokuthula Chuma of Pumula North said it was unfortunate that the country’s education had reverted to the colonial past where it was a preserve of a few individuals who could afford it.

She said those with children attending public schools who were in the majority were the ones suffering the brunt of the slowly but surely decaying education delivery system while a few who afford to pay private schools enjoy the education.

“What it means is that the poor can no longer send their children to school. Education is now a preserve for the rich minority who can afford the private school levies and fees. The system is now reminiscent of the colonial era where the majority was denied the right to education. We need some semblance of order and seriousness on the part of the Inclusive Government,” she said.

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A glimpse into celebrities’ and spouses’ lives

The Standard
By Godwin Muzari
4 April 2010

It is rare to see celebrities mingling socially, more so, in the company of their spouses. Often, we see them sharing the stage, heading for a film shoot or sharing ideas in a workshop.

But the Celebrity Dinner dance held by the National Arts Council of Zimbabwe in the capital recently painted a different picture altogether.

It was a refreshing scenario of celebrities from across arts genres eating, drinking and dancing together without any professional commitments to adhere to. This was the time to see who among our idols gulps most beers, who has the most beautiful wife or charming husband and who has the greatest appetite. This was the night when gospel diva Fungisai Zvakavapano-Mashavave and her husband, Courage, probably sought to show us that they are really in love. They would steal occasional embraces and whispers as the crowd mingled at the end of formalities. They also managed a number of intimate poses for photographs and went down the stairs hand in hand.
The couple was sitting on the same table with actress Chipo Bizure and her Zambian husband Mapamba Kashekwa.

Chipo appeared so amused getting close and personal with Fungisai. It was apparently their first meeting. She had a barrage of questions and comments for the musician.
Observers could probably have been looking for signs of the first seed of Chipo’s marriage to Kwashekwa. They got married in August last year but her tummy still looks normal.

Well, talking of expecting celebrities, Alick Macheso should know better. He turned up for the dinner with his pregnant wife, Nyadzisai. They are expecting a sixth child.
Maybe Macheso’s siring spree is driven by a desire to have a second son after his beloved teenage child Esau. If so, he should be a disappointed man because the doctors have confirmed that it is a girl. Unfortunately, Mai Macheso’s condition seemed to spoil her choice of fashion. The shoulder strips of her maternity dress were thinner than those of her bra. So she had double-strips of different garments of different colours on either shoulder. But she covered-up on the choice for her husband’s outfit. Macheso was dressed in an exquisite grey suit. The musician, however, could not hide some traits of jealousy. His wife received a call and he listened attentively to the conversations and asked: “Who was it?” just after she put the phone down. This writer was sitting on the same table with the couple.

Gospel music couple, Pastor Charles and Mai Charamba, was calm as the norm when among their fans away from the stage.

They were a direct contrast to Edgar Langevedlt and his wife. The comedian was always fidgeting and cracking jokes at every opportunity. That guy loves his wine and smoke. He was ready to drop a joke at everyone and the wife had to whisk him away after the dinner. He seemed content to spend the whole night chatting. At least he brought his wife, as expected to the dinner.

He was unlike Suluman Chimbetu and other celebs that did not come with their spouses. Chimbetu chose a close friend as his guest but it is not clear who the lady in their company who was denied entrance to the dinner was. The musician said his wife was at their farm in Chegutu.

Well, it was not a surprise that renowned author Aaron Chiundura-Moyo came alone – some call him “Senior Bachelor”.

A lot happened but the highlight of the dinner was when Dudu Manhenga and Prudence Katomeni-Mbofana went on stage for a duet. Macheso and Sulumani joined in and it was a time to dance.

Education minister David Coltart, NACZ board chairperson Thokozile Chitepo, Daves Guzha, Prince Tendai and Dominic Benhura exhibited a few dancing skills.

All this time, talented actor Tafadzwa Muzondo was gulping one after another. He had a drinking binge at the dinner.

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Statement regarding the further prosecution of Senator Roy Bennett for “hoarding maize”

Statement
By Senator David Coltart
2 April 2010

The MDC formation under the leadership of Professor Arthur Mutambara is deeply concerned by the new prosecution of Senator Roy Bennett of the MDC (T), commenced with the service of a summons on him on the 30th March 2010, on allegations that he hoarded maize 9 years ago.

Section 18(2) of the Constitution of Zimbabwe states that “If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time”. The intent behind this provision is to respect the principle that justice delayed is justice denied. In other words it is a fundamental breach of a person’s human rights if prosecutions are not brought expeditiously against a person accused of crime. If there is a delay a person accused of a crime may not, for example, be able to call witnesses in his defence. The public interest also demands that crimes be responded to quickly.

This provision is of course no bar to the police instituting proceedings against a criminal who committed an offence a long time ago and whose involvement in a crime is only recently established. Furthermore it is no bar to a prosecution being brought when a crime is only recently discovered, even though it may have happened a long time ago – such as the discovery of a fraud.

However in the instant case it is hard to conceive how this crime could have only recently been discovered or Senator Bennett’s involvement only recently established. If the press reports are accurate he is charged with hoarding maize at his farm some 9 years ago. It is common cause that Senator Bennett was evicted from his farm at least 7 years ago by state agents who must have discovered the hoard then, if there was in fact a hoard. It would be physically impossible for it to be discovered now as the maize would have rotted years ago. In any event if he was “hoarding” there must have been a large quantity of maize which could not have been hidden easily, only to be discovered recently. Likewise it is difficult to conceive how Senator Bennett’s alleged involvement in hoarding could have only been established recently. He has owned the farm in question for some 20 years and he is a public figure well known to the police in the area. In other words if the “hoard’ was discovered years ago one questions why it is only now that the link has been made to Senator Bennett.

In short it is not open to the police to bring charges now when they should have been brought years ago when the crime was allegedly discovered. The police cannot keep charges locked away in a drawer to be brought out at an “appropriate” moment. If a crime has been committed by a person known to the police then charges should be brought immediately against that person. Accordingly the prosecution of Senator Bennett at this late stage appears to be a clear breach of section 18 of the Constitution. The Attorney General has a duty to explain to the public why it is that this prosecution was not brought earlier. If he cannot do so then the public will assume that there has in fact been a breach of section 18 and a denial of a fundamental right to Senator Bennett.

There is, as well, a political dimension to this issue. The Preamble to the Global Political Agreement signed by the three parties to it in September 2008 dedicates all to “putting an end to the polarisation, divisions, conflict and intolerance that has characterised Zimbabwean politics”. Article 11.1 states that “it is the duty of all political parties and individuals to respect the constitution and to adhere to the principles of the rule of law”. In the last few years numerous MDC activists have been murdered, tortured and disappeared and not a single prosecution has been brought. In many of the cases the perpetrators of these serious crimes are known and have been reported to the authorities. Despite this not a single prosecution has been instituted. In this context this new prosecution is a direct breach of both the letter and spirit of the GPA. The rule of law demands that there should be consistency in prosecutions. One cannot turn a blind eye to serious crimes committed by members of one political party and then proceed with the utmost vigour to prosecute a member of another party for a petty crime which is alleged to have been committed 9 years ago.

In conclusion this new prosecution of Senator Bennett would appear to be unconstitutional and in any event is a serious breach of the GPA. It is tantamount to persecution and we call upon the Attorney General to immediately withdraw the charges in the national interest. We cannot afford as a Nation to allow individuals bent on derailing the GPA get away with their heinous intent.

Senator David Coltart
Secretary for Legal Affairs
MDC (M)

Bulawayo
2nd April 2010

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Stick to your principles, Shun Zimbabwe

Kubatana.org
By Voice for Democracy
30 March 2010

The VOICE FOR DEMOCRACY’s reply to David Coltart’s letter to the New Zealand Herald

There is a fine line, as the international community knows full well, between supporting democratic change in Zimbabwe and collaborating with a dictator. Zimbabwe’s Minister of Sport, David Coltart, seems to believe that New Zealand has an obligation to play cricket in Zimbabwe (New Zealand Herald, 23 March 2010). We disagree. New Zealand should stick to its principles, ignore Coltart, and shun Zimbabwe’s dictatorship.

In his article, David Coltart repeats a claim he made in December 2008 that going into government with Robert Mugabe was the only viable non-violent option. This was untrue then as it is now. As one commentator wrote, the MDC had a fistful of options for peaceful democratic change which were squandered when they reinstalled Mugabe to the fullness of his abusive powers.

Coltart then adds insult to injury by making such disingenuous claims that Zimbabwe’s Inclusive Government has made remarkable progress in the last year and that the political agreement is gradually being implemented in its entirety. This is not remotely true, which is why the European Union renewed its targeted sanctions against those members of Zimbabwe’s government accused of gross human rights abuses.

Indeed, if Coltart listened to himself he would be hard-pressed to recognise the lawyer who opposed human rights abuses in Zimbabwe for the last 27 years. It seems incredible that he now claims that there has been a massive downturn in the number of human rights abuses when
ZANU(PF) is busy re-establishing the very bases in rural areas that unleashed such horrific violence during the June 2008 presidential elections.

He claims that maladministration and racism in cricket is being addressed, when the same top officials who were responsible for that corruption, racism and abuse of power remain firmly in place. It is all the more painful when he lauds cricket’s collaborator-in-chief, Heath Streak. Our heroes are Andy Flower and Henry Olonga who forfeited their cricket careers because they took a principled stand against the dictatorship.

Coltart is right in one respect: if the New Zealand team decides to come to Zimbabwe they will be welcomed with remarkable warmth and friendliness by our patron of Cricket Zimbabwe Robert Mugabe! Dictator 1: New Zealand 0.

Comment by Senator David Coltart
31 March 2010

I don’t for a moment suggest that everything is well but objectively the situation is better overall than a year ago. There are some sectors – land for example – which are not better but most sectors are. I challenge you to dispute that objectively and truthfully. Also I challenge you to say what the viable options are. I have seen, I think, articles written by you stating that an election is a viable option. With respect the only election we will have in the short term is another repeat of June 2008 which no-body needs.

Do you have any idea what Heath Streak has been through? I think to call him “collaborator in chief” is a cruel cut. He genuinely loves cricket and is doing what he can to revive the sport.

I think it is time for you to get out of your negative mind set and start applying your considerable talents to helping make this peaceful non violent experiment work.

Voice of Zimbabwe responds
1 April 2010

Your reply is contradictory. If there are no bases and no threats of violence and the GPA is being implemented, why should you be afraid of elections? It is us in the Voice for Democracy who realise that unless the threat of violence is removed we will not have a free and fair election next year or in 5 years hence. That is why election violence is our principal concern and why we are so frustrated by you continually down-playing the greatest obstacle to our country’s transition to democracy.

Yes, our comments about Steak may have been too strong. But why, after all that Heath Streak has gone through, does he have anything to do with Zimbabwe Cricket? David, you’re in charge, but what have you done about the millions of dollars that were siphoned off by the very people who still control Zimbabwe Cricket and that Streak now works for again? One of the other core issues the Voice for Democracy stands for is justice. These people that you work with are criminals. Is it a blind eye you turn or just your other cheek?

And negative? Not at all. We draw strength and energy from our dedication to democracy and justice. We want democracy, not a deal stitched up between leaders that leaves the dictator in power and a government that is the very antipathy of democracy. We intend to see every person who committed gross human rights abuse and crimes – including those you work so closely with – brought before a independent and impartial court to face justice. In your inimitable way you probably think that this is ‘unrealistic’, but it is an ideal – like democracy – which we believe is worth fighting for. I know you are a strong Christian, David, but what we want are crusaders against human rights abuses and impunity, not dirty deals with dictators and touchy-feely peace-at-any-price solutions: what you euphemistically call a ‘peaceful, non-violent experiment’.

We hope this makes our position clear.

Comment by Senator David Coltart in response to the response
1 April 2010

Until there is a reasonable constitutional framework, democratic election laws, a new all inclusive voters’ roll, an effective well functioning ZEC and a new spirit in our armed forces (especially the police) an election will be a farce. I agree that the abolition of violence is a pre-requisite – I am not downplaying that issue – my goodness I should know – my polling agent Patrick Nabanyama was abducted and never seen again – on several occasions thugs have threatened to burn my house down – I have had to go into hiding on several occasions – my sons were chased through the streets of Bulawayo in March 2008 by Zanu PF thugs and had one tyre slashed!! All I am saying is that calling for an election tomorrow without these issues being addressed first is wrong. I just do not see how my reply is contradictory – we must rely on factual evidence – Sekayi Holland told me personally on Monday that she had been to Muzarabani and did not see any bases. I have not received reports from PTUZ for at least 7 months regarding threats against teachers etc. I am not saying that everything is alright – but we must rely on facts, not conjecture.

As for cricket: I have read the ICC report – amazingly it exonerates Zimbabwe Cricket! I am dissatisfied with aspects of it and like you suspect that there may have been skulduggery but once again I cannot rely on conjecture. And even if there is strong evidence I have no choice but to work with the de facto leadership. The same applies to Cabinet. There are people there who have done far worse than anything Bvute or Chingoka are accused of. Is it therefore wrong for Morgan Tsvangirai and the rest of us to be in that Cabinet? It goes back to the fundamental point – is there any other viable non violent method of bringing change to our Nation? With respect you have still not set out for me a viable alternative.

I commend your idealism. I too strongly believe in justice and democracy – but included in those concepts is the need to save lives. I saw in 2008 that our country was being destroyed and I feared that we would be taken down to the level of Somalia with catastrophic consequences for all and the loss potentially of hundreds of thousands of lives. I am reinforced in that view by what I have seen in the education sector in the last year; we are in serious danger of losing an entire generation – numeracy and literacy rates are plummeting. Had we not intervened last year I think that we would have lost that generation. We only need to look south to see the consequences of the loss of a generation. Bantu education is still taking its toll on South Africans through the vicious crime it has spawned.

My concern is that there are folk in civil society and in the Diaspora on reasonably comfortable packages who can afford to sit in ivory towers and dictate what should be the ideal remedy to resolve our Nation’s woes. But they are, for example, out of touch with the reality of the plight of children in remote rural schools in Nkayi. I believe that there is nothing euphemistic in what we are trying to do – I think it is rooted in reality and truth. And this is hardly a “touchy-feely” solution – I have never worked so hard for so little pay! There may be some of my colleagues who are finding this a breeze but I can assure you that there are a strong committed core of us (in both factions of the MDC) who are working long hours in difficult conditions in good faith to achieve the very same goals you are.

Let me stress that I do not for a second suggest that you should not be fighting for your goals – eg of bringing people to justice – or constantly holding us to account – civic and church groups are thankfully not bound by the GPA and their role is to fight for these issues and to keep us honest. I accept that there is always a clear and present danger that we will succumb to temptations of office and where we falter we must be held to account.

But I also believe that it is time that there be more objectivity and fairness in the national debate and critique. Just because you are against the GPA does not mean that you automatically occupy the moral high ground. Likewise just because we are part of the GPA does not mean that we are all acting in bad faith and are all a bunch of scoundrels.

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Action Alert! Stand up for Owen Maseko: Message from Nhimbe Trust (Zimbabwe)

Art Moves Africa

By Josh Nyapimbi

30 March 2010

BAF/ATERIAL NETWORK ZIMBABWE

ntfd@mweb.co.zw

Owen Maseko the Chairperson of the Visual Association of Bulawayo (VAB) and a member of the Bulawayo Arts Forum (BAF) was remanded in custody yesterday after being arrested last Friday for organizing an exhibition on the Gukurahundi atrocities. Maseko was showcasing pictures of the Gukurahundi massacres at a two-day exhibition when he was arrested. Judgment will be made today.

Maseko, who spent the weekend in prison, is being charged under Section 33 and 42 of the Criminal Law Codification (Reform) Act. Under Section 33 Maseko is being charged with insulting and undermining the authority of the President of the Republic of Zimbabwe while clause 42 of the Act says anyone causing prejudice on religion and creed shall be guilty of an offence.

Maseko’s lawyer Kucaca Phulu of Zimbabwe Lawyers for Human Rights (ZLHR) however said the charges being leveled against his client are baseless as they are not covered by the Act the police are using against his client.

“All the charges being leveled against my client do not cover pictures and paintings and the provisions of the Criminal Law Codification (Reform) Act that are being used do not cover the exhibition,” Phulu said.

The police raid and the arrests came just a day after police swooped on Harare Art gallery and shut down a Zimbabwe Human Rights (ZimRights) exhibition taking place at the time before arresting ZimRights national director and Nhimbe Board Member Okay Machisa.

We are grateful to the Zimbabwe Lawyers for Human Rights for their continued legal support to BAF members. Josh Nyapimbi, Raisedon Baya and Cont Mhlanga have been offered similar legal support in the past.

We also acknowledge the moral support received from Ministers; Welshman Ncube, Priscillla Misihairambwi and David Coltart. The latter visited Owen while in remand cells. The ministered pledged to raise the matter in parliament this week.

We are also grateful to representatives from civil society organizations and political parties (except ZANU PF) who attended a press conference and gave solidarity messages.

Lastly we salute the 50 artists who spent the whole day at court in solidarity with Owen Maseko.


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Government is to set up 20 schools of excellence

Chronicle
Chronicle reporter
29 March 2010

The government has selected 20 schools which will be rehabilitated and turned into centres of excellence in an effort to improve the country’s education standards, a Cabinet Minister said.

The schools were drawn from all the country’s 10 provinces under a programme which it is hoped may be funded by the World Bank.

Addressing guests during the launch of Milton High School Centenary Celebrations on Friday, Education, Sport, Arts and Culture Minister David Coltart said the selected schools were identified as a result of widespread consultations he has had in assessing government schools’ infrastructure in the last year.

He said the establishment of the centres of excellence had already been agreed on by the Cabinet, adding that the project was mostly meant to help nurture talented but disadvantaged children.

“After realising the falling standards in government schools, we devised a policy to identify talented disadvantaged children and to channel them into academic and sporting institutions so that they realise their full potential,” said Minister Coltart.

“The enrolment of every school will comprise 40% of academically, athletically and artistically talented, but underprivileged, pupils who will be chosen through a rigorous exercise that will be conducted by an independent body. The remaining 60% will be filled by other pupils, “ he said.

“A new grading system which will culminate in the creation of a special grade in headmaster and teacher grading will be used in the selection of the staff at the centres so that the pupils will be taught and trained by highly professional, proficient and experienced mentors in all fields.

“When the inclusive government took office we were faced with a number of challenges, one of them being the deteriorating education system and in light of this, we approached a number of institutions, one of them being the World Bank, with the request that they assist in the funding of centres of excellence as a means of resuscitating the nation’s education system.

“My ministry is still waiting funding approval which is needed to see the total rehabilitation of the infrastructure at the selected schools. The major areas that need to be targeted include the rehabilitation of buildings, hostels, science laboratories, libraries and sporting fields.”

He said if the funds are released soon enough the first enrolment would be next year. “We have a six-year programme of action and the first enrolment target is the first term of next year,” he said.

Among the schools that were selected include Milton Boys’ and Eveline Girls’ High in Bulawayo, Plumtree and JZ Moyo High Schools in Matabeleland South and Fatima and Binga High Schools in Matabeleland North.

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Coltart tackles Zimsec crisis

The Standard
By Kholwani Nyathi
28 March 2010

ZIMBABWE School Examinations (Zimsec) directors have allegedly launched a witch-hunt targeting employees after information was leaked that the exams body is bleeding because of mismanagement, corruption and nepotism. This comes amid indications Education, Sport and Culture Minister David Coltart has brought in an independent expert to clean up the rot.

A joint audit report by the Comptroller and Auditor General and Ernst & Young leaked to The Standard a fortnight ago titled Zimsec Capacity Assessment: November 2009 said the institution’s management systems were weak and its credibility severely diminished.

The report said Zimsec director Happy Ndanga could be making “errant decisions” because the institution has been running without a board for a long time.

“A day after the story was published the directorate immediately stopped salary negotiations with managers accusing them of taking sensitive information to the press,” said a source.

“But the rot is just getting worse, just last week a former temporary worker was arrested for selling fake exam slips.

“Zimsec has also bought 13 BT 50 trucks for regional managers and the directors would be taking delivery of the vehicles yet it is said there is no money for the smooth running of examinations.”

The audit raised concerns about the lack of security and the employment of under-qualified clerks on a temporary basis, which it said impacted on the credibility of the examination system.

Coltart yesterday said although he had not seen the report he had secured the services of an independent chartered accountant, an expert who is not attached to Zimsec to address management weaknesses that were already known before the audit.

He said GTZ, a German organisation, had provided “generous” funding to help the independent expert who will soon visit the Cambridge University Overseas Examination Board, which administered the examinations before they were fully localised in 2002, to investigate how the localisation of the “O” and “A” examinations can be improved.

“I want to stress the fact that I am not neglecting the problems at Zimsec,” Coltart said. “We are doing everything possible to rectify the problems that have been outlined in the report.”

Zimsec employees had raised concern that Coltart appeared to be siding with the directors who have reportedly dismissed the audit report as biased.

Current and former workers at the exams body said the findings by the audit team were only a tip of the iceberg.

Tobias Moyo, a former human resources officer who retired on medical grounds in 2008 and has been battling to get his pension, made stunning revelations about record keeping at Zimsec.

“The human resources office does not keep records of people who are leaving and those who are being hired,” Moyo said.

Moyo said he was told that the processing of his pension was not a priority and that thousands of other former employees were also in the same boat.

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Well that’s our country – Notes from Bulawayo

The Standard
By Judith Todd
28 March 2010

Just on 11 this morning Vote Thebe, Acting Director of Bulawayo’s National Gallery, rings to ask me to come straight down to his place although he wouldn’t be around. He has accompanied police to the Charge Office and an exhibition, which had opened at the Gallery Thursday, is being closed.

First I ring Minister David Coltart who thankfully, I find, already knew and had spoken to relevant people in the inclusive government. He says he understands a lawyer, Pulu, had been engaged. Coltart gives me a hint of what it was all about by saying there weren’t any specific references in this exhibition to any particular person, “although the glasses…”

The Gallery receptionist is expecting me and I am taken to the exhibition in the main ground floor gallery where staff is covering with newspaper the windows, which give views into the Gallery from the pavement of Leopold Takawira Avenue.

The whole exhibition area, walls, pillars, paintings is drenched in a sticky looking red and as you enter you see a sign that directs you to “Place your ballot here”. “Here” is a toilet stuffed and overflowing with ballot papers where a sinister black figure wearing spectacles seems about to pull the chain to flush the toilet.
Telling the truth and reclaiming the past in Zimbabwe…

This acrylic 2010 exhibition is by Owen Maseko, also now at the police Charge Office with Thebe. While the atmosphere is one of terror and bloodshed, it is also oddly elegant with graceful figures of pregnant women and others fleeing, or trying to flee, along the walls. Even the friezes of a sinister black man wearing glasses are elegant.

One of the most haunting depictions is a set of galvanised faces, loud mouths wide open, imperfect teeth on display, eyes contorted under deeply etched foreheads ……. they made us sing their songs while they tortured and killed our brothers and sisters ………

I join the staff who are papering the windows and look at what had been possible to see from the street, but was now being hidden.

Breaking the silence — through telling the truth. Two black bodies, also drenched in a sticky red, hang by the ankles….dissidents or ordinary civilians? …………….The idea was not only to leave bodies but to leave pieces of bodies, as a warning to others…

… they disappeared are denied a place among the living and also denied a place among the dead……

In Matabeleland most fundamental is the problem of aggrieved spirits and the presence of the murdered dead.

Amongst the paintings writing fluidly covers spaces across the walls and around the pillars.

In our country, perpetrators of violence are still in powerful positions, and survivors remain silenced and afraid. The overwhelming residues of unprocessed pain, anger, suspicion and grief remain in the community as a negative, silent weight, a dark, even humiliating secret that undermines shared community activities, causing finger pointing and division….

Destroying the cohesive functioning of communities has been a deliberate strategic policy by many governments of African countries.
We don’t trust each other any more.

Only the guilty are afraid, only if you know that you are partly responsible, or you participated in the orchestration of this event. “I survived with gunshot wounds, the other 55 died.”

We can still be eliminated at any time … this wound is huge and deep.

As no one will now be able to see the exhibition; they also won’t be able to see what was put in place at the exit for departing viewers under the exhortation GUKURAHUNDI ..the rain which washes away the trash/chaff before spring time ……. times fearful, unforgettable and unacknowledged. A bowl of pieces of chalk sits at the way out. Visitors are invited to “pick a chalk and write something in this ballot room”. Although the exhibition opened only the evening before last, Thursday March 25, the sticky red wall is already full of white, chalky comments.

Leaving the Gallery I call in to say goodbye to an old lady in their little shop. “What is going on?” she asked. I explain. When I remain silent she sighs heavily, waves her hand irritably in the air at something unseen and says “Well, that is our country”.

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Not all MPs can make good Cabinet ministers

Chronicle
By Busani Ncube and Discent Bajila
27 March 2010

Prime Minister Morgan Tsvangirai recently made an interesting revelation about the status of our political leadership.

Addressing his party supporters at Glamis Stadium in Harare in his capacity as the president of MDC-T, he said about his councillors: “Vamwe venyu makange musina kana boots, nhasi makufamba nemota six six (some of you could not afford shoes, now you are driving six cars each). This is indeed an informative statement on the calibre of people that the elections make us entrust with our future and our unborn children.

Failure to possess a pair of shoes is a reasonable symbol that you are completely incapable of managing your own affairs.

The outcome of the municipal elections was, according to the Prime Minister, such that people who are supposed to be in charge of housing, health, environment, road construction and other local governance issues are men and women who cannot even manage their individual affairs.

This is disaster but at a smaller magnitude compared to what could have happened if such people were deployed into Parliament. The final sad outcome of such an issue is that these people become candidates for selection into Cabinet.

Most of our MPs are voted for because of the parties that they belong to, not because of any form of expertise that they have exhibited or gained anywhere. There is no need in this story to give examples of known MPs who are good examples of what an MP should not be in terms of competence.

Government departments are the most important institutions for service delivery and should thus be run by experts, both at ministerial and permanent secretary level.
Enemies of development might call this meritocracy but reality on the ground shows that someone ought to be an expert in a field to run it and this expertise can be acquired either through academic pursuits and/or management experience.

Some may argue that the permanent secretary is the only one who should be an expert but this is a serious fallacy that we should all collectively disabuse ourselves of.
All is well with having an expert permanent secretary but all is unwell with having a non-expert minister because the relationship between a minister and a permanent secretary can be likened to that of a bus driver and a conductor.

There is nothing wrong about the conductor having a driver’s licence but it is a must for the driver to have it. The only thing compulsory for both is that they must know the route.

Problems that emanate from deploying people without experience in a particular field are manifested in the Ministry of Water Resources and Infrastructural Development.
The Minister responsible is Samuel Sipepa Nkomo who has vast experience in accounting and pensions management. He also had a stint with media house, the Associated Newspapers of Zimbabwe.

Minister Nkomo has no known history in civil engineering and/or water management. He is simply an accountant experienced in entering figures out of other people’s works. This is why there is not much he has done in his ministry more than entering or adding extra terms to existing names.

He added or entered the word “National” to the Matabeleland Zambezi Water Project and a “T” to the Shangani Dam — giving us National Matabeleland Zambezi Water Project and Tshangani Dam as the only changes ever seen in his ministry since his appointment.

In simple terms, Minister Nkomo is an expert, yes — but in fields other than water resources and infrastructure development.

There is nothing these writers have personally against Minister Nkomo but there is a lot these writers have against his deployment into that critical ministry and the general principle of having MPs as ministers. These are the basic socio-economic arguments against the issue.

The legal arguments are premised on the principle of separation of powers, which dictates that there are three arms of state, namely the Judiciary, the Legislature and the Executive and a usually forgotten arm, the Press.

The principle further states that each of the arms should monitor all the others and vice-versa. Closer to this case, the Legislature consists of all Members of Parliament regardless of how many chambers a parliament has.

On the other hand the executive in the Zimbabwean case is made up of the Presidency, the Premiership and all the Ministers, excluding permanent secretaries who are usually hired as assistants to ministers or just a technical team.

This clearly shows that there are certain individuals who are part of the two arms of State – the executive and the legislature – and it lies in the wisdom (or lack of it) of the current constitution in Zimbabwe and other parts of the world that the executive is supposed to monitor its activities when it resurfaces as a sub-set of the legislature.

Simply put, it is difficult to run or to effectively uphold the principle of separation of powers when you have certain individuals belonging to both the executive and the legislature.

Furthermore having ministers as MPs makes them super MPs with more powers than their colleagues who are elected out of a similar process by many, at times the same electorate.

Serious imbalances in parliamentary debates are created as many non-Minister MPs get to be called ordinary MPs and hence struck by an inferiority complex.

Some of these people are actually elected by very few individuals but they become super MPs simply because they have been appointed ministers.

For example Minister Sipepa Nkomo got slightly above 2 000 votes in Lobengula House of Assembly constituency in Bulawayo, but is now a super MP, far more superior to Gabriel Ndebele who won by more than 10 000 votes in Matopo South constituency in Matabeleland South.

This is a clear example of the superiority complex problems and status disparities that dog our legislature.

There are many ministers we can cite that are not qualified to be in ministerial offices that they hold but are very qualified elsewhere.

A simple example is of lawyers like David Coltart and Tendai Biti who are in the ministries of Education and Finance respectively.

And there are also many well-placed ministers like the Justice and Legal Affairs and the Parliamentary and Constitutional Affairs led by Patrick Chinamasa and Advocate Eric Matinenga respectively.

Strangely, there are other ministers and deputy ministers with little or no academic qualifications that have to do with their day-to-day jobs. This is dangerous for economic recovery and service delivery to any intended beneficiaries.

Our input to the nation is that an ideal situation will be to have ministers appointed by the President of the Republic of Zimbabwe on merit after proof of expertise through curriculum vitae and recommendations from corporate bodies like the Institute of People Management in Zimbabwe, Law Society of Zimbabwe, Zimbabwe Union of Journalists, the Institute of Bankers in Zimbabwe and many others.

These should be from out of Parliament so that they can be full-time ministers rather than the current scenario where some individuals double as full-time ministers and full-time MPs.

Appointing people from outside Parliament has worked before, for example commissioners who are chosen on merit and after serious consultative processes – and this has been done since time immemorial and recently by the inclusive Government.

We implore Zimbabweans at this juncture to work hand in glove during the oncoming constitution-making process to make proposals to the effect that our laws should be revamped to make sure that our MPs do not become Ministers – for as long as they are not qualified to handle the jobs at hand.

While there are no easy precedents to cite in this case, it is however worth noticing that in neighbouring South Africa and United States of America, some ministers are not MPs but are hired technocrats on certain fields.

Even going further, we urge the nation to make it a hard and fast law that any person who desires to be a presidential candidate in our fatherland should have at least a degree in any field.

This will help in nation-building and brand creation for future generations and the level of competence will be high compared to elevating an academic dwarf to the highest office in the land.

This is not to negate the fact that there are a lot of wise men like President Jacob Gedleyihlekisa Zuma of South Africa who recently confessed that he was educated in Nkandla Village where he comes from, and not at any university but ironically has been voted Africa’s best President.

The feat achieved by President Zuma, inspiring as it is, must not however be a roadblock to beginning a new era and a new type of leaders in our fatherland. Indeed there is neither harm nor crime in starting a good deed.

A great scholar, Ralph Waldo Emerson wrote: “Do not go where the path may lead, go instead where there is no path and leave a trail.” As Zimbabweans we must leave a trail and the hour is now.

Busani Ncube is a freelance journalist and Discent Bajila is a youth activist based in Bulawayo.

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