Mugabe bans rallies as unrest spirals

The Daily Telegraph
19th February 2007
By Peta Thornycroft, Zimbabwe Correspondent

Police stop opposition leader Morgan Tsvangirai from rallying

President Robert Mugabe’s regime tried to suppress rising discontent across Zimbabwe yesterday by banning all opposition political gatherings.

Heavily armed riot police enforced this edict by preventing one rally from taking place in the capital, Harare, and breaking up another in Bulawayo on Saturday.

Although the law had previously forced the opposition to seek police permission for any gathering, an outright ban has never been imposed before.

Kembo Mohadi, the home affairs minister, verbally informed an opposition politician that the cabinet had decided to proscribe all rallies last week.

He was quoted in court documents as saying: “With political tensions rising, security ministers decided on Tuesday to ban all political meetings, except those associated with by-elections.”

However, no formal order has been issued. Riot police barricaded the venue for a rally in the Harare township of Highfield.
They prevented Morgan Tsvangirai, the leader of one faction of the divided Movement for Democratic Change, from telling his supporters that he would contest the next presidential elections, supposedly due in March 2008 but likely to be postponed.
Riot police assaulted several people and arrested others when they tried to gather for the meeting.

Police set up roadblocks and fired Israeli-made water cannons at the crowd. In Bulawayo, another faction of the MDC faction led by Arthur Mutambara defied a police ban and marched through the city. Scores of people were arrested and assaulted.

“We are instructing lawyers to try and get people released. Unfortunately one young man was seriously injured by police,” said David Coltart, legal secretary to Mr Mutambara’s faction of the MDC.

Economic collapse and an inflation rate of 1,594 per cent – the highest in the world – are fuelling the unrest.

Posted in Press reports | Leave a comment

Statement regarding breaches of the rule of law during the weekend 17/18 February 2007

During the past weekend the 17th and 18th February 2007 both factions of the MDC attempted to hold meetings, as is their right in terms of section 21 of the Zimbabwean Constitution, which were frustrated through the actions of the police, the courts and the Minister of Home Affairs.

In Bulawayo the MDC (Mutambara faction) intended to launch its defiance campaign at the Bulawayo City Hall on Saturday afternoon the 17th February 2007. Having initially received no objection from the police it was then subjected to a police raid on the 15th February 2007, the effective arrest of its administrator on the 16th February 2007, who was then advised that the meeting had been banned. When Secretary General Professor Welshman Ncube MP appealed to the Minister of Home Affairs in terms of section 25 (5) of the Public Order and Security Act (POSA) he was told by the Minister that a decision had been taken to issue a blanket ban on all political meetings due to the “ volatile situation prevailing in the country”. Given the fact that the Minister has no right to issue blanket bans a decision was taken to defy the illegal banning of the meeting, whilst at the same time a challenge against the ban would be launched in the High Court.

An urgent court application was made seeking an interdict preventing the police from banning the meeting. One of the points raised was that section 25 (5) of POSA violates both sections 18 and 21 of the Zimbabwean Constitution. Section 25 (5) gives the Minister of Home Affairs the ultimate power to determine whether political meetings should be allowed to take place or not. It is common cause that the Minister of Home Affairs is also a politician (in the present case a politician who holds a very senior position in the ZANU PF party). To that extent the Minister of Home Affairs is not a neutral arbiter; indeed he is a person with an obvious bias.

Section 18 (9) of the Constitution of Zimbabwean states that “ every person is entitled to be afforded a fair hearing within a reasonable time by an independent and impartial court or other adjudicating authority established by law in the determination of the existence or extent of his civil rights or obligations”. Section 25 (5) of POSA clearly violates this right as it gives a member of one political party the right to determine the affairs of another competing political party. This section also offends section 21 (1) of the Constitution which states that “no person shall be hindered in his freedom of assembly and association”. The power given to the Minister of Home Affairs in this regard is an unreasonable hindrance in the exercise of the right to freely assemble and associate.

Regrettably the situation was further compounded when the Registrar of the High Court in Bulawayo was unable to locate a single judge who could hear the urgent application. It is common cause that judges are expected to be available 24 hours a day and at the very least a duty judge should be readily available at all times. It should be stressed that this is a constitutional obligation. The same section 18 (9) in the Constitution states that everyone is entitled to “a fair hearing within a reasonable time”. It is a well established practice a duty judge should be in place at all times to hear urgent applications immediately. The absence of a duty judge in Bulawayo, either through dereliction of duty or through deliberate action, resulted in a serious breach of the MDC’s constitutional rights to seek an urgent interdict against the police and the Minister of Home Affairs. The Judge President is urged to investigate the matter and to discipline those responsible.

What happened in Harare over the weekend appears to confirm that the ZANU PF regime is determined to flout the rule of law. Unlike what happened in Bulawayo the MDC (Tsvangirai faction) was advised of the banning of its meeting scheduled for Sunday the 18th February 2007 early enough to lodge an application in the High Court during normal business hours. Commendably the High Court in Harare granted an application in favour of the MDC confirming that its meeting could go ahead. However in an apparent confirmation of the general directive advised to Secretary General Professor Welshman Ncube by the Minister of Home Affairs on Friday the 16th February 2007, that a general ban on political meetings had been imposed, it has now been reported that the police disregarded the High Court order and refused to allow the MDC to carry on with its meeting. Other news reports detail the deployment of hundreds of police officers in a determined effort to prevent the meeting from taking place.

If these news reports are correct, and we have no reason to doubt their veracity, the police must be condemned in the strongest possible terms for this flagrant disregard of an order granted by the High Court of Zimbabwe. In a statement I released last month I said “The truth is that the Judiciary will always be seen by Zanu PF as some cumbersome appendix which is necessary to maintain the façade of democracy and which on occasions can be useful in furthering a political goal. But the Judiciary will never be an institution which is revered by Zanu PF as an indispensable part of a Zimbabwean democracy”. Sadly the events of this past weekend provide further evidence that that statement is true.

The wanton violence used by the police against supporters of the opposition in both Bulawayo and Harare must also be condemned in the strongest possible terms.

In any normal functioning constitutional democracy the flagrant disregard of an order of court and its constitutional obligations by the police would result in the head of that police force being forced to resign. That of course will not happen in Zimbabwe because it is not a constitutional democracy. However we nevertheless call on both the Commissioner of Police and the Minister of Home Affairs to resign in view of the disgraceful events which have occurred in Zimbabwe this past weekend.

The Hon David Coltart MP
Shadow Justice Minister

Bulawayo
19th February 2007

Posted in Statements | 3 Comments

Breaking the impasse in Zimbabwe

A plea for action on Zimbabwe by South Africa and Germany
by David Coltart

The current situation

In his book Development as Freedom, the Nobel Prize winner Amartya Sen stresses the causal connection between democracy and the absence of famine. He makes the point that there has never been a famine in the recorded history of any country which has a free press, to support the claim that a free press and an active opposition constitute the best early warning system a country threatened by famine can have. In other words, the failure or non-existence of democracy usually results in economic collapse, and that in turn invariably leads to such humanitarian catastrophes as famine.

The destruction of democracy, weak as it already was, in Zimbabwe since 2000 has been well documented. In 2000 Zimbabwe had a unique opportunity, which it squandered, to build a national consensus on a new constitution. Since then there has been a rapid decline into increasingly authoritarian rule. The implosion of the Zimbabwean economy has followed. The country now has hyperinflation and is rated the fastest-declining economy in the world. The death of democracy and economic collapse have together resulted in a humanitarian crisis of unimaginable proportions.

The World Health Organisation (WHO) recently reported that people living in Zimbabwe now have the lowest life expectancy in the world. Since 1994 the average life expectancy for women in Zimbabwe has fallen from 57 to 34, and for men from 54 to 37. The WHO believes that life expectancy rates will continue to fall. It is estimated that some 3 500 people die every week in Zimbabwe through the deadly combination of Aids, poverty and malnutrition. To put that in a global context, a recent report stated that some 700 people a week were dying in Iraq. Another publication said that some 400 000 people have died in Darfur since 2003: this can be compared with the estimate that about 600 000 Zimbabweans have died during the same period.

According to findings released in October 2006 by the Zimbabwe Demographic Health Survey (ZDHS), child mortality in the country has nearly doubled, rising from 59 per 1 000 live births in 1985 (five years after Zimbabwe gained independence) to 102 per 1 000 live births in 1999. The under-five mortality rate has continued to rise, with 129 per 1 000 in 2004, according to United Nations Children’s Fund (UNICEF) figures. The situation has become more grave since 2004, when the economy plummeted further. An additional factor that might be expected to increase mortality rates is that in 2006 the Mugabe regime forcibly displaced 700 000 people. According to a UN report, a great number of these were children. Accordingly it is safe to assume that child mortality rates have risen sharply since 2004.

These shocking facts are the result of the unique convergence of three factors in Zimbabwe: the Aids pandemic and the government’s failure to address it; severe economic decline; and high levels of malnutrition, which the government refuses to acknowledge. These factors are dealt with separately in the sections that follow.

Aids and the Zimbabwean government’s failure to deal with the pandemic

In a report released in June 2006 by James Morris, the Director of the World Food Programme (WFP), the UN stated that Zimbabwe has one of the highest incidences of HIV/Aids in the world. Southern Africa is in fact the epicentre of the global pandemic. Nine of the 10 countries with the highest levels of infection in the world are to be found in Southern Africa. Zimbabwe is one of them.

What makes Aids particularly life-threatening in Zimbabwe is the fact that the government has dedicated the bulk of its dwindling resources to maintaining its hold on power, instead of providing the antiretroviral (ARV) drugs necessary to combat the disease. It is estimated that only a tiny fraction of those people suffering from HIV/Aids are on regular courses of medication. Mugabe’s regime prefers spending money on keeping its own people at bay to saving the lives of hundreds of thousands of citizens. In the 2006 budget an amount equivalent to 12.5% of the total allocation for health was awarded to Zimbabwe’s equivalent of Stasi, the Central Intelligence Organisation. On top of this, the share allocated to the military was greater than that for health. This trend in the government’s thinking is underlined by its recent announcement that it is about to import new military aircraft from China. This is defence spending in a country which is not at war, and which is surrounded by friendly states.

The fastest-shrinking economy in the world

The results of the Zimbabwe government’s ruinous policies include destroying the agricultural sector (which prior to 2000 accounted for 40% of Zimbabwe’s foreign exchange earnings and now generates half of that); driving out the country’s best brains, regardless of race; and in the last year destroying the homes and livelihoods of some 700 000 Zimbabweans, The country’s economy is now in free fall. Inflation, according to official (and thus very conservative) government figures, now exceeds 1 200% per annum. Respected economists believe that inflation is more probably in excess of 2 000% per annum. To put this in perspective, the world’s next highest inflation rates are those of Myanmar (Burma) at 70% a year, and Iraq at 40%!

Zimbabwe has suffered five successive years of economic decline. During that period some 3 million Zimbabweans are estimated have gone into economic exile. A high proportion of these have been among the most economically active members of the population. The cream of Zimbabwe’s professional and technical sectors has left, and will not return until there is a political settlement and the reinstatement of the rule of law and democracy.

Over 80% of the Zimbabweans remaining in the country are now unemployed.
The net result for poor people, especially those suffering from HIV/Aids, has been a precipitous fall in their standard of living. They are now unable to afford even the most basic foodstuffs, toiletries and medication. The combination of Aids and poverty has been catastrophic for most of the population.

High levels of malnutrition, and a government which refuses to acknowledge the extent of the problem

In October 2006 the WFP reported that 1.4 million Zimbabweans would need food aid within the six months following, regardless of the crop output of the forthcoming agricultural season. Human rights organisations within Zimbabwe believe that the figure of 1.4 million is a huge underestimation because of the impact of poverty on so many Zimbabweans who are nominally employed. People who previously would have been able to buy food for themselves are no longer able to do so, and millions of urban poor are visibly losing weight. Yet these people are not included in WFP estimates because they are considered to be in employment.

The Zimbabwean government has deliberately downplayed the extent of the crisis over the last few years, for political and propaganda reasons. This compounds the problem. The administration has tried to control the supply of food because in doing so it is able to use food as a political weapon. In this way desperate people, especially in the rural areas, can be coerced into voting for the ruling Zanu-PF party.

Furthermore, if the government were to acknowledge the full extent of the problem, especially in a year (such as 2006) when there have been good rains, that would be tantamount to an admission that the food shortages are a direct result of its chaotic and corrupt land reform programme. This has resulted in highly productive farms being rendered derelict by the government ministers, party operatives, army commanders and judges who have taken them over. Therefore the government consistently refuses to admit the gravity of the problem, and on various occasions in the last few years has been deliberately obstructive towards the WFP and other humanitarian agencies, preventing them from operating freely in Zimbabwe.

In a television interview Mugabe gave in 2004, he said that Zimbabweans did not want to ‘choke’ on international food aid, which they did not need. At the same time NGOs were barred from distributing food, and the government insisted on controlling all food distribution. This policy continued until the March 2005 general elections had been held. The net result was that millions of Zimbabweans over the last few years have been deprived of access to the food supplied by international agencies.

The combination of all of the factors listed above is unique. It is not surprising that Zimbabweans now have the lowest life expectancy in the world. Yet it is
particularly shocking when one remembers that Zimbabwe is not a desert. In 1958 its economy was larger than Singapore’s. Until relatively recently it was the second-largest economy in sub-Saharan Africa. This is not a Liberia or a Somalia. In short this has been a preventable tragedy — and a worse disaster is still preventable. The situation can be turned around within months; hundreds of thousands of lives could be saved and an entire region stabilised.

The world is looking the other way

The Zimbabwean crisis is compounded by the fact that world is showing little interest in the country’s agony. This is attributable to a number of factors. First, although it is arguable that more people are dying in Zimbabwe through the unique combination of factors mentioned above than in Iraq, Afghanistan and Darfur, Zimbabwe hardly rates a mention in the world’s media. Part of the reason is that this is a story that is difficult to film or to write. The country offers very few stark images liekly to capture the world’s attention. A casual visitor to Zimbabwe will not see blood flowing, or many children with kwashiorkor bellies. There are no car bombs. People who die through a combination of Aids, poverty and malnutrition die quietly; they literally fade away. The only means of getting any sense of the extent of the catastrophe is by visiting morgues and cemeteries. These are overflowing. The most poignant evidence of the calamity is to be found in the dates inscribed on headstones and plaques in the cemeteries — the vast majority of people being buried there are young people and children.

Secondly, although they are allowed in Darfur, Afghanistan and Iraq, the foreign media are generally barred from operating in Zimbabwe by the government. There are draconian laws that forbid foreign journalists from working in Zimbabwe without permission, which is rarely given. Journalists are routinely detained in Zimbabwe, and the laws relating to the media prescribe prison terms for those who infringe their stipulations. Media organisations like the BBC and CNN are effectively banned from Zimbabwe. As a result the story of Zimbabwe’s human tragedy is simply not being told. But unless the world’s media put the catastrophe at the top of their agendas, there will be no public pressure on governments elsewhere to take up Zimbabwe as a political cause.

Thirdly, because Zimbabwe has no oil and very few strategic mineral resources, there is no obvious strategic reason why the world powers should want to focus their attention on its troubles. Whilst Zimbabwe does have large reserves of platinum, these are not in sufficiently short supply globally to warrant special attention from the international community. Tragically for Zimbabweans, the only interest that the country’s platinum has aroused internationally is that of the Chinese, who have been prepared to prop up Mugabe’s regime in order to secure privileged access to the mineral.

Fourthly, the response of Southern African governments to the catastrophe unfolding on their doorstep is best described as a state of denial or paralysis.

The net result is that whilst Zimbabwe is arguably the scene of the world’s greatest humanitarian crisis at present, and whilst crimes against humanity have been and are being committed by the government, the world is looking the other way. In doing so it is guaranteeing that the crisis will escalate at a horrifying rate.

Germany and South Africa: a possible solution?

This is not the first time that Zimbabwe has found itself in a critical situation. It faced similar problems in 1976. Then it took the active involvement of the USA and South Africa to break the impasse. Henry Kissinger’s shuttle diplomacy resulted in the Rhodesian Front’s finally conceding the principle of majority rule. While that did not yield an immediate settlement of the country’s political dilemma, it at least set in train a process that resulted in intense diplomatic activity and ultimately the Lancaster House agreement, arrived at three years later.

There are two important differences between the present situation and that prevailing in 1976. Firstly, in the mid-seventies South Africa was highly susceptible to Western pressure; and, secondly, the USA and Britain were not engaged in any other wars at the time, and so could focus on Zimbabwe’s affairs. Whilst in the current climate South Africa is under pressure to resolve the crisis (especially because it is starting to hurt its own economy), its leaders have to balance any action they take regarding Zimbabwe against the support the Zanu- PF regime still receives from the majority of Southern African Development Community (SADC) states. For this reason any settlement encouraged by South Africa must enjoy the backing of other major African states.

At present both the USA and Britain are so heavily involved in Iraq and Afghanistan that they simply do not have the capacity to play a meaningful role in the resolution of Zimbabwe’s problems. That position is compounded by the fact that the Zanu-PF regime has successfully persuaded many other African states of the merit of its propaganda line that the USA and Britain are interested only in ‘regime change’ (rather than a democratic process that will culminate in a new constitution and free and fair elections). Accordingly the USA and Britain are not well positioned to engage in regional shuttle diplomacy in Africa.

In the circumstances there are two countries that can make a difference, and should be actively engaged in resolving the crisis. These are South Africa and Germany. The need for South Africa’s involvement is obvious; Germany’s potential role is less so. The latter occupies a unique position in Southern Africa in that it adopted a very strong stance against apartheid, was not Zimbabwe’s colonial master, and has not been involved in the Iraq war. Because of the strong opposition to the Iraq war expressed by many African governments and because of the concerns already mentioned (that the USA or the UK may have a ‘regime change’ agenda for Zimbabwe), the latter can exert only a limited influence on Southern African states. They are therefore unable to encourage them to take a more proactive role in helping to resolve the situation in Zimbabwe.

Germany does not suffer from any such handicap. Furthermore, at present (2007) Germany holds two key international positions which will provide it with an opportunity to act on Zimbabwe. Germany’s presidency of the EU commenced in January 2007, and in July that country will play host to the next G8 summit. Both will provide Chancellor Angela Merkel with important windows of opportunity. A stable Southern Africa (which is now under threat because of the collapse of its second-largest economy) is in the strategic interest of both the EU and the G8. Chancellor Merkel could use her leading roles in both and work vigorously with partner governments in Southern Africa to end the Zimbabwean crisis. Another factor is that Germany has considerable investments in Southern Africa, and in South Africa in particular.

It is in Germany’s interest to do everything possible to secure its own investments in Southern Africa. If the Chancellor is able to play a positive role in resolving the Zimbabwean stalemate she will not only protect existing German investments but create a vast reservoir of goodwill in Southern Africa. This in turn will enhance Germany’s trade and investment prospects in the region in future.

The long-term stability of South Africa depends in large part on its being able to achieve its medium to long-term economic growth targets. These in turn can be met only if medium- to long-term foreign direct investment goals are achieved. If the latter are not met, then South Africa’s growth targets will be missed and the high expectations of black working-class South Africans will be frustrated. This could destabilise South Africa. Furthermore, if South Africa’s economy falters, the entire SADC area will be affected. If that happens, it is inevitable that a region that has taken significant strides towards democracy and economic opening will suffer a setback. This would harm the political and economic security of Southern Africa.

Regrettably, Zimbabwe’s troubles have already had a negative effect on the region. Firstly, because long-term investors fear that South Africa may go the same way as Zimbabwe and replicate its decline into lawlessness and economic collapse, much potential long-term investment in South Africa and adjacent countries has been diverted to other parts of the world. Secondly, as already noted, some 3 million Zimbabweans have gone into economic exile since 2000. The bulk of these people have found homes in South Africa and Botswana. This has not only put additional burdens on those economies, but has driven up the rates of national unemployment and crime in those countries. If Zimbabwe implodes or explodes, the flood of refugees will become a tidal wave. Thirdly, Southern Africa’s inability (or reluctance) to resolve the Zimbabwean crisis has created a negative impression of the entire region in the eyes of international investors, thus retarding even short-term economic growth.

What should South Africa and Germany do?

One of the reasons why relations between the EU and SADC are strained, apparently irreconcilably so, is that the interests of the members of both bodies are too diverse to make it possible to establish a consensus about what should be done, and what policy adopted, to settle the Zimbabwean crisis. Accordingly it is not surprising that the lack of agreement should extend to the bodies themselves.

South Africa and Germany should seek to break the impasse, take the initiative in devising a plan to rescue Zimbabwe, and seek to drive the process. The most propitious time for them to do so will be the first half of 2007. Because initiatives taken at the macro institutional level of the EU and SADC have failed owing to the diversity of members’ views, what is needed is to seek consensus between a few key countries in both the EU and SADC. The latter will be those that have the most to lose from the threatened implosion of Zimbabwe, namely South Africa, Mozambique and Botswana. As president of the EU, Chancellor Merkel should use her position to develop a common understanding with President Mbeki, based on the mutual concern of the two leaders for the long-term political and economic stability of Southern Africa.

If a common position is agreed between Chancellor Merkel and President Mbeki and a plan of action decided on, they will have commit themselves not only to a determined diplomatic initiative but a shared commitment to prioritise Zimbabwe’s affairs. One of the reasons why diplomatic efforts to resolve the Zimbabwean crisis have failed so far is that it has always featured as an addendum to, not the focus of, the diplomatic agenda that the EU and SADC share. In other words, it is going to take unwavering focus and political commitment on the part of both leaders to carry out the initiative. Their plan of action can then be used to build first a consensus between the EU and SADC, and then to gain the consent of the member states of both regional institutions.

The solution to both the humanitarian and economic crises in Zimbabwe is political

The impasse in Zimbabwe will not be broken if the root cause of the problem is not addressed. At its core is a crisis of governance. This in turn stems from the deeply flawed Lancaster House constitution, which was hurriedly agreed upon in the rush to bring an end to the country’s bloody war of liberation. It would be pointless to focus on the economic and humanitarian crises in Zimbabwe without addressing the fundamental need for a new democratic dispensation.

What Zimbabwe needs more than anything else now is a national consensus on how the country should be governed. That will happen only if Zimbabwe’s Southern African neighbours, backed by the international community, encourage all political players in Zimbabwe to embark on a constitutional reform process like that which ushered in a peaceful transition to democracy in South Africa. If the EU and SADC were to agree on such a course of action, and were prepared to exert strong pressure on all players within Zimbabwe to participate in such a process, many of the problems of Zimbabwe could be brought to a rapid end.

Whilst both ZANU-PF and the MDC are currently in disarray (the former has no succession plan and is seriously divided, while the latter has split), that situation should be viewed in a positive light. Despite the chaos, there are substantial majorities in both political formations that recognise the critical need for constitutional reform. Paradoxically the split in the opposition provides a unique opportunity, because it has lulled ZANU-PF into the belief that the opposition does not any longer pose a meaningful threat, and that therefore it can press ahead with its own version of constitutional reform. Even Mugabe’s expressed intention of extending his own term to 2010 can be exploited positively, because he can do this only by amending the constitution, which will entail reopening the constitutional reform debate. There are also serious reservations within ZANU-PF about whether Mugabe should be allowed to remain in office for so long. In short, the time is ripe for the international community to focus its attention on constitutional reform as the principal means of breaking the impasse in Zimbabwe.

However, given the urgency of the situation and Zanu-PF’s well-developed propensity for buying time, any attempt at bringing about real constitutional reform will work only if Southern African states bring pressure to bear on the Zimbabwean government to participate wholeheartedly in the process. Already there is a remarkable degree of agreement on what constitutional reforms are needed, and much work has already been done. Accordingly if this process were supported by both SADC and the EU it is not over-optimistic to assume that agreement on a new democratic constitution could be reached within a few months.

Free and fair elections that are compliant with the new constitution and the SADC electoral standards, overseen by SADC and the UN, and financially supported by the EU should follow agreement on the terms of a new constitution. The results of that election should be accepted by all parties (and SADC and the EU). Then economic assistance to stabilise the country should start to flow from abroad.

Only a political settlement that is accepted by all will yield a solution to the economic and humanitarian crises besetting Zimbabwe today.

Conclusion

The situation in Zimbabwe has deteriorated rapidly since 2000, causing tremendous loss of life. Conditions in the country now represent what is arguably the world’s greatest humanitarian challenge in 2007. The fact that Zimbabweans now have the lowest life expectancy in the world cannot be ignored any longer.

Vigorous action is required urgently. South Africa and Germany are probably the only countries in the world influential enough in both Europe and Africa to play this vital role. Sadly, though, the desperate needs of Zimbabwe do not occupy a prominent place on either country’s foreign policy agenda. It is high time that this is changed before the crisis reaches unmanageable proportions. Disaster in Zimbabwe will set back the entire Southern African region.

David Coltart
Bulawayo 30th January 2007

Posted in Articles | Leave a comment

Mugabe blamed for justice collapse

The Daily Telegraph
19th January 2007
By Peta Thornycroft in Harare

President Robert Mugabe: Increasingly repressive

Zimbabwe’s justice system, once considered a model for the rest of Africa, has collapsed after being starved of funds by President Robert Mugabe’s government, one of the country’s most senior judges has claimed.

In an unprecedented attack on the government by the judiciary, Judge Rita Makarau told an audience of officials of the ruling Zanu-PF and diplomats that the justice system was so corrupt it undermined the country’s democracy.

She alleged that senior staff at the justice ministry were assisting litigants “with long delayed judgments, for a fee”.

Judge Makarau, the second most prominent justice in Zimbabwe and the first woman to occupy the position, also attacked the “inhuman and degrading conditions” of holding cells at police stations, which are crammed with suspects awaiting trial.

She said that in one province more than 100 murder suspects had yet to be brought to trial because the High Court did not have the resources to fund proceedings.

“It is wrong to make the judiciary beg for its sustenance from central government,” she said.

Her outspoken comments were made at a function marking the start of the 2007 session of Harare’s High Court.

“We have managed to avoid… shortcomings in the local educational system by sending our children to schools and universities in South Africa, Australia, United States and United Kingdom.

“When we need complex medical procedures that local hospitals cannot now provide, we fly mainly to South Africa.
“Yet when we have to sue for wrongs done to us, we cannot do so in Australia or South Africa and have to contend with the inadequately funded justice system in this country.”

As Mr Mugabe’s regime has become increasingly repressive, most of the country’s experienced judges have quit or have gone into exile. He has subsequently filled the benches with inexperienced lawyers sympathetic to Zanu-PF.

In 2001 Zanu-PF activists raided the Supreme Court in Harare, danced on the bench and threatened the former chief justice, Anthony Gubbay. When he sought and failed to get protection from the government, he retired early.

The International Bar Association condemned the affair and other instances of intimidation of Zimbabwe’s judges as having “put the very fabric of democracy at risk”.

David Coltart, the opposition MP and founding member of the Movement of Democratic Change, said: “Since 2000, the law, and the justice system have been used as a weapon against legitimate democratic opposition and spurious charges have been brought against opposition leaders, activists and supporters.

“Judges delayed politically sensitive matters, such as electoral petitions, release of activists, including legislators, which caused serious miscarriages of justice.”

He said that some judges had betrayed their independence by backing the government’s appropriation of white-owned farms.
Patrick Chinamasa, the justice minister and author of most of Zimbabwe’s most repressive legislation, declined to comment yesterday, saying that he was “still on holiday”.

Posted in Press reports | Leave a comment

Statement regarding the Judge President’s remarks made at the opening of the High Court 15th January 2007

The Judge President, Justice Makarau, in her address to the opening of the High Court on the 15th January 2007, has correctly stated that normally Judges should not complain publicly regarding their conditions of service, but that she has to because their conditions, and the conditions of all those involved in the justice system, are now dire. The MDC is in principle sympathetic towards Judges and towards all those affected by the fact that the government has not allocated sufficient resources to the Ministry of Justice.

However the reason why this deleterious situation has been allowed to arise is because the Zanu PF regime does not care about justice and only tolerates the Judiciary in so far as it serves its purposes. Since 2000 law, and the justice system in general, has been used as a weapon against legitimate democratic opposition. Spurious charges have been brought against opposition leaders, activists and supporters; equally spurious trials have been held. Judges have delayed politically sensitive matters such as electoral petitions and applications for the release of activists, including MPs, causing serious miscarriages of justice. Many Judges have seriously compromised their independence by taking and occupying farms often unlawfully seized from commercial farmers. Many Judges since 2000 have severely retarded the positive strides made by the Judiciary since 1980 in expanding the rights of Zimbabweans through positive interpretations of Zimbabwe’s Declaration of Rights, by handing down a string of judgments inimical to universal human rights norms. Other Judges who have chosen to act professionally have been hounded out of office and some have gone into exile.

During the same period the Zanu PF regime have ensured that vast amounts of money are spent on the CIO. That shows exactly where its priorities lie. Accordingly it is clear that Judges have simply been used and exploited by the regime to further their political purposes. The truth is that the Judiciary will always be seen by Zanu PF as some cumbersome appendix which is necessary to maintain the façade of democracy and which on occasions can be useful in furthering a political goal. But the Judiciary will never be an institution which is revered by Zanu PF as an indispensable part of a Zimbabwean democracy. It is in light of this that we fear that the Judge President will not be listened to by this regime and to that extent her statement is futile. It may be that some individual Judges will have their conditions addressed but in the prevailing environment there is not the slightest chance that sufficient resources will be applied to address Judge Makarau’s legitimate concerns.

The MDC, unlike Zanu PF, believes strongly in the need for a strong, independent Judiciary. The MDC believes in the need for our Constitution to be amended to ensure that there is an effective balance of powers amongst the three arms of government, namely the Executive, Legislature and Judiciary. The MDC believes that in order for the Judiciary to become strong and independent there needs to more than just changes to the Constitution; in addition sufficient resources must be made available to the Judiciary through the national budget. Accordingly when the MDC comes to power it will not only amend the Constitution (if it hasn’t been amended positively already) but will also make the Judiciary a budgetary priority. Monies presently allocated to institutions designed to prolong Zanu PF’s unhappy rule will be diverted to promote justice and the well being of the Zimbabwean people.

In the interim we urge the Judiciary to change its ways and to turn over a new leaf this year. It has a role to play in fairly applying the law and by doing all it can to strike down laws which clearly violate our Constitution and which offend international laws, norms and morality. South African judges did that with great distinction during apartheid and we look forward to our Judges emulating their fine example. If our Judges act in this manner then they will play their own part in bringing an end to tyranny. That in itself will result in the legitimate concerns raised by Judge Makarau being addressed earlier than will be the case if tyrannical rule is allowed to go on indefinitely.

David Coltart MP
Shadow Justice Minister
Zimbabwe

Bulawayo 16th January 2007

Posted in Statements | 4 Comments

Statement regarding Supreme Court challenge against Constitutional Amendment 17

Heads of argument (attached below) were filed in the High Court of Zimbabwe this morning by lawyers representing Mike Campbell (Pvt) Ltd (a Zimbabwean farming company) in a Supreme Court application in which the constitutionality of Amendment 17 to the Zimbabwean Constitution is challenged. Whilst this is a private initiative, and I should stress the MDC has not been involved with the case, I commend these Heads and the case generally.

Constitutional Amendment 17, passed in 2005, removed the right of the Courts to adjudicate in land acquisition matters. In doing so a horse and carriage was driven through the fundamental democratic right of due process, especially the right to have one’s rights determined by an independent court. The amendment also shattered any notion that we have a genuine separation of powers in Zimbabwe and that there is any reasonable balance between the powers exercised by the executive, legislature and judiciary.

Since the amendments were first tabled in Parliament our view in the opposition has always been that the amendments were so far reaching that they actually destroyed the very core of our Constitution, and therefore even though procedurally Amendment 17 was passed correctly in Parliament, it remains illegal. In essence our view has always been that one cannot pass any amendment to the Constitution, just because one may have a 2/3rds majority. There are some rights so sacrosanct, so part of the fundamental core and structure of the constitution, that if they are removed from a constitution, that constitution is rendered meaningless.

If Amendment 17 had been left unchallenged the Zanu PF regime would believe that it can amend any aspect of the Constitution with impunity. That certainly appears to be the mindset of Robert Mugabe and others in Zanu PF who believe that a Presidential term can be extended by a constitutional amendment. That notion too violates a core principle of any constitutional democracy, namely that universally politicians are elected for a defined and restricted period, with a limited time mandate, and once elected politicians cannot extend that mandate by simply amending the constitution. Accordingly it is in this context that this present case must also be seen in a broader context, namely a challenge to the notion that Zanu PF can change any aspect of the Zimbabwean Constitution at will.

These Heads, drafted by two of the finest Constitutional lawyers in Southern Africa, Jeremy Gauntlett SC and Adrian De Bourbon SC, make out ,in my view, an unanswerable case that the constitutional amendments excluding the jurisdiction of the Courts should be struck down.

Skeptics may question why constitutional challenges like this are brought before the Zimbabwean Supreme Court when so many other cases have been lost there since 2001. The reason is simple – we must make these arguments so that there is no hiding place for those in the Zanu PF regime who argue that they have acted lawfully. There must be an historical record for the future to show that these brazenly illegal acts were challenged; that there was never any consensus about what has happened. Furthermore we must do all we can to expose those judges who are more politicians than judges. They too must be given no place to hide in the future. Our Judges must confront these outrageous violations of our Constitution and choose where they stand. We need clear unequivocal statements from them to show whether they stand on the side of tyranny or justice.

One of the peculiarities of living under tyranny is that both the oppressors and the oppressed think that tyrannies last for ever. The oppressors continue to act (as vividly demonstrated in Amendment 17) as if they are not subject to universally accepted human rights and norms, and never will be. The oppressed are so downcast that they cannot believe that things will ever change. Bizarrely both oppressors and the people they oppress believe that the oppressors can do literally anything with impunity, indefinitely. History gives the lie to that fallacy. Zimbabwe will be no different; this tyranny will end, and possibly much sooner than anyone dares to hope for. And when tyranny ends justice, as the prophet Amos stated thousands of years ago, will “roll on like a river”.

When tyranny ends in Zimbabwe the arguments raised in this case will help us to restore justice in many ways. Not only will the arguments be used to establish the individual rights of Zimbabweans but they (and the judgment which will eventually be handed down in response to the arguments) will also help us determine in future which judges are truly committed to the principles of a constitutional democracy, the rule of law and the application of universal human rights without fear or favour. There will be no place in the future democratic Zimbabwe’s judiciary for judges who clearly demonstrate now that they are not committed to those fundamental principles.

David Coltart MP

Shadow Justice Minister
Zimbabwe

Bulawayo
15th January 2007

IN THE SUPREME COURT OF ZIMBABWE Case No SC 124/2006

HELD AT HARARE

In the matter between:

MIKE CAMPBELL (PRIVATE) LIMITED First Applicant

and

WILLIAM MICHAEL CAMPBELL Second Applicant

and

THE MINISTER OF NATIONAL SECURITY RESPONSIBLE FOR
LAND, LAND REFORM AND RESETTLEMENT First Respondent

and

THE ATTORNEY GENERAL Second Respondent

HEADS OF ARGUMENT FOR THE APPLICANTS

INTRODUCTION

1. In this matter, brought directly to this Honourable Court in terms of section 24 (1) of the Constitution of Zimbabwe, the Applicants seek the following redress in terms of section 24 (4):
a. A declaration that section 16B of the Constitution, introduced by the Constitution of Zimbabwe Amendment Act (No. 17) 2005, infringes fundamental rights to the rule of law and to due process entrenched in the Declaration of Rights, thus violates the essential features or core values of the Constitution and is accordingly

invalid and unconstitutional notwithstanding that it was enacted in compliance with the procedural requirements of section 52 of the Constitution;
b. A declaration that the Applicants rights to receive fair compensation for the acquisition of their property before or within a reasonable time after the acquisition of that property have been violated and accordingly the acquisition of the property is unconstitutional and of no force and effect.
Alternatively, redress in this respect is sought directing the acquiring authority to comply fully with Part VA of the Land Acquisition Act [Chapter 20:10] within 30 days of the date of the order of this Honourable Court.
c. A declaration that the acquisition of the farm belonging to the First Applicant was unlawful as it contravened the rights against discrimination based on colour enshrined in section 23 of the Constitution.

2. The Opposing Affidavit of the First Respondent takes this matter no further. His response advances no facts in rebuttal. No opposing papers have been filed by the Second Respondent. The matter is accordingly to be determined exclusively on the Applicant’s facts. The purpose of filing these Heads of Argument is to allow for the set-down of this matter without further delay by the Respondents.

ESSENTIAL FACTS
3. The First Applicant is the registered owner of a farm known as Mount Carmell. It became the registered owner in 1999 wi

Posted in Statements | 3 Comments

Zimbabwe has the lowest life expectancy in the world

Dear Friends,

As some of you know I have been speaking recently about the appalling fact that Zimbabwe now has the lowest life expectancy in the world (women 34 and men 37). Some of you may have wondered whether I had my facts right. It is often hard to graphically illustrate the scale of death in Zimbabwe and as a result the enormity of what is going on is not appreciated by many. In this morning’s Herald newspaper (Government controlled) there is the following little story tucked away:

Most Harare cemeteries almost full.
A critical shortage of burial space is looming in Harare, as most cemeteries are almost full owing to high mortality. A recent report from the Town Planning Department noted that the current active cemeteries, Mabvuku, which is 75 percent full, Warren Hills and Granville A and B were filling up at a very fast rate. At the rate at which people are dying, the four cemeteries may last for only about a year before they fill up.”

This story is just the tip of the iceberg. Cemeteries are filling up throughout the country. But no blood is being split – people are just fading away, dying quietly and being buried quietly with no fanfare – and so there is little international media attention.

The World Health Organisation (WHO) figures released earlier this year have attracted hardly any media attention and yet they should shout out the gravity of the situation for those who care. It is important to note that these figures relate to 2004 since then the situation in Zimbabwe has worsened dramatically. (Link to Annex 1, Basic Indicators for all Member States – WHO Report 2006)

I highlight a few comparative life expectancy figures:

Comparative Life Expectancy Figures (WHO 2006)

Zimbabwe is not a nation at war. It used to be able to feed itself and its neighbours. Zimbabwe used to have one of the highest life expectancy rates in Africa, up with South Africa. And these figures cannot just be blamed on Aids. Our neighbouring countries have the same incidence of Aids as us but their life expectancy figures are better (some substantially better) than ours as is demonstrated below:

Comparative Life Expectancy Figures for Southern African Countries with High Incidence of HIV/AIDS (WHO 2006)

The reason Zimbabwe has the lowest life expectancy in the world is because there is no other country in the world where there is the following unique combination of factors:

  • one of the highest HIV/Aids infection rates in the world;
  • pathetic amounts spent on ARV medication by a Government that is more concerned about importing military aircraft from China than it is in protecting the lives of its people;
  • the fastest declining economy in the world;
  • the highest inflation rate in the world – over 10 times the next highest rate – Myanmar has a rate of 70%, Iraq a nation at war 40%;
  • the forcible displacement of some 700,000 of the urban poor last year (UN figures) and the bulk of these people still homeless over a year on;
  • several million people facing starvation;
  • Government which deliberately underplays the extent of the malnutrition crisis for political/propaganda reasons and on occasions frustrates the operations of the WFP and other humanitarian organisations.

In August 2002 Didymus Mutasa, presently the Minister for State Security (and the person in charge of Zimbabwe’s secret police) said “We would be better off with only six million people, with our own people who support the liberation struggle; we don’t want all these extra people.” Since he made those remarks the Government has deliberately withheld food aid from people in need and has made it incredibly difficult for humanitarian NGOs to operate. Human rights organisations have documented how food has been used as a political weapon. In the High Court judgement delivered on the 10th October 2005 in the case of Elton Steers Mangoma versus Didymus Mutasa, Judge Makarau, made the following finding at page 23:

I am satisfied that throughout the constituency, villagers were threatened with the withholding of food and other handouts and were denied these if they supported the MDC. It was made clear to villagers that supporting the MDC meant going without food and other handouts. The practise of withholding food and agricultural inputs was however not confined to one part of the constituency. It was practised in urban Headlands, in the resettlement areas and in the communal areas. The perpetrators of this practice were the leadership of ZANU PF at the village levels and the war veterans residing in the constituency.

In May 2005 the Government of Zimbabwe launched Operation Murambatsvina, a programme of mass forced evictions and demolitions of homes and informal businesses. The UN report released on the 22nd July 2005 estimated that 700,000 people had lost their homes, livelihoods or both. The report also stated that the Operation was carried out “with indifference to human suffering, and, repeated cases, with disregard to several provisions of national and international legal frameworks. A recent report of another NGO, The Solidarity Peace Trust, has found that in some instances half those evicted last year have already died – a direct result of this calculated act by the Government of Zimbabwe.

With an estimated 3500 Zimbabweans now dying every week (cf. Iraq with 700 per week) it would appear that the Zanu PF regime now either doesn’t care about its people or is deliberately engaged in a course of conduct designed to subjugate an entire nation. In the process hundreds of thousands arguably are dying every year in Zimbabwe; deaths which are largely preventable.

International Law has something to say about this:

Article 7 (1) of the Rome Statute of the International Criminal Court defines, inter alia, Crimes against Humanity as the acts of

“Extermination” (paragraph [b]) and “Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health” (paragraph [k]) “when committed as part of a widespread attack directed against any civilian population, with knowledge of the attack”.

Article 7 (2) (a) of the Statute states that an “attack directed against any civilian population” means “a course of conduct involving the multiple commission of acts (including extermination and inhumane acts) against a civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack”. In other words “attack” does not mean necessarily a “military” attack.

Article 7 (2) (b) of the Statute states that “Extermination” includes “the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of the population”.

In my view crimes against humanity have been committed, indeed are still being committed, by the Zimbabwean Government against the Zimbabwean people. But the international community is complicit because it is looking the other way.

Article 1 (B) of the Core Principles of the International Responsibility to Protect Doctrine states:

Where a population is suffering serious harm, as a result of internal war, insurgency, repression or state failure, and the state in question is unwilling or unable to halt or avert it, the principle of non-intervention yields to the international responsibility to protect

The international community is failing in its duty to protect Zimbabwean women and men who can now only expect to live until the ages of 34 and 37 respectively. The silence and inactivity of the international community regarding this catastrophe is profoundly shocking.

Yours faithfully,

David Coltart MP
Shadow Justice Minister
Zimbabwe

Bulawayo 31st October 2006

Posted in Letters | 5 Comments

Transcript of the BBC HardTalk Interview

Stephen Sackur (SS) – President Robert Mugabe of Zimbabwe is in his 80’s, his country is in economic collapse and his ruling party is divided over his succession and yet Zimbabwe’s main opposition party, the Movement for Democratic Change, seems preoccupied with internal battles. My guest today, in Johannesburg, is a senior member of the MDC and the question is does Zimbabwe’s Opposition have what it takes to mobilize the masses?

David Coltart welcome to Hard Talk.

David Coltart (DC) – Thank you.


SS
– Where do you think Zimbabwe’s Opposition should focus its efforts against Robert Mugabe now? Should it be on the streets with street protests or should it be the Parliamentary process?

DC – I think we need to realise that this isn’t actually a sprint that we had hoped but more of a marathon and we’ve got to employ a wide range of tactics against this regime; it has to be not just in the streets – it has to be in the streets to get the worlds attention – but it also needs to be in the Courts, it needs to be in Parliament and it needs to be in the international community.

SS – You say it’s not a sprint, but everybody knows that we are entering the ‘End Game’ for Robert Mugabe, he’s in his early 80’s, he’s faces the decision about what to do in 2008 when his current term runs out. So these matters are now pressing – you cannot wait and decide strategy in the future.

DC – No, no, we are not waiting to decide strategy in the future, this is a plan that has been in place for a while and I think it is wrong as well to say that this is going to end with Robert Mugabe’s departure. This is a structural problem. This is an issue concerning a regime and it’s a problem that goes beyond Robert Mugabe

SS – When I asked you about street protests, you couched your answer very carefully. Does that mean you have some doubts about the decision for example of the Zimbabwe Trade Unions to go for a series of mass action protests over the next few weeks & months we believe.

DC – No, I have no doubts at all. I commend, we commend, what the Zimbabwe Congress of Trade Unions has done. We commend their bravery and the bravery displayed by other civic organizations such as WOZA and the National Constitutional Assembly. What we do say, however, is that this must be well organized and that it shouldn’t be the only focus.

SS – But hasn’t it been well organized?

DC – I think it has been very well organized.

SS – Do you think it seems like the Trade Unions were taken aback when the first rash of demonstrations took place, there were beatings, there were mass arrests and we saw Wellington Chibhebhe saying that perhaps they had to rethink, perhaps there will have to some sort of temporary suspension from protests. Were you surprised by Mugabe’s reaction?

DC – I think they were taken aback by the preemptive nature of the arrests even before they had commenced the demonstrations.

SS – Isn’t that odd that the opposition, as a whole, is still taken aback by the fierce response of the Mugabe regime which has been in power for 26 years and over the last 6 or 7 years has shown itself time and again to be prepared to use force to quell all street protests.

DC – I would agree with that, I think that many of the people, for example, in the north of the country have been taken aback by what has happened in Zimbabwe over the last 6 years. Those of us who come from the South West of the country of course know the true nature of this regime because we saw what it did in Matabeleland in the 1980’s and so we haven’t been surprised by the reaction of this regime. I think the farming community especially was absolutely staggered. They enjoyed 20 years of bliss and many people in Harare and in the North and East of the country have been completely taken aback.

SS – That was understandable 6 years ago maybe but it’s less understandable today.

DC – Well, I am always amazed by the brazenness of this regime. I’ve been surprised myself. I’ve been working in human rights for 23 years in Zimbabwe and I was staggered by the brazenness of what they did to the Trade Union leaders by beating them in the manner they did. They did not even try to give the excuse that they were beaten up in the streets. They were taken into cells and beaten up systematically.


SS
– But you see a lot of people outside Zimbabwe will wonder at your surprise when in 2005, we had 700,000 people rendered homeless because of the mass clearance of shanty towns around some of Zimbabwe’s biggest cities. We’ve had the persistent reports from the Human Rights Groups of not just torture and beatings but also murder carried out by the Mugabe regime – and you tell me you are surprised that Union leaders were still being beating.

DC – Well I am not surprised that they are still being beaten; I am surprised that the regime has allowed the façade of civility to drop. One of the things that has distinguished the Mugabe, the Zanu PF, regime, from, for example, a regime like Arap Moi’s regime, is that they have shown some finesse in the past: they’ve always described themselves as democrats; they’ve always been conscious of their international image. So we are not surprised by the brutality but we are surprised by the brazenness of it.

SS – Your Opposition movement is split, why?

DC – What the world needs to understand is that any organization, any group of people, who are put under as much stress as the opposition have been in Zimbabwe in the last 6 years are ultimately going to crack. That’s what happens to marriages, many divorces …..

SS – So the Movement for Democratic Changes has cracked has it?

DC – I think it has cracked but this is a direct result of 6 years of brutality. Morgan Tsvangirai has been subjected to a treason trial before a judge who received a farm – he faced the death penalty. That has an impact on a person and the same applies to the rest of us.

SS – No one would doubt that Morgan Tsvangirai has suffered over the last 6 years and now it seems you have abandoned him.

DC – I don’t think we have abandoned him. There are as we speak, talks taking place to try and reunite or get a coalition agreed to. But those of us who are no longer with him have said that we need to go back to our founding principles and we don’t believe that Morgan Tsvangirai is the problem. We believe that there are people who have infiltrated who need to be dealt with by him and when that happens I have no doubt that a united front will be presented again.

SS – What kind of people had infiltrated?

DC – Six years ago, when the MDC was set up, I have no doubt that the Director General of the CIO was given a specific mandate to infiltrate….

SS – Mugabe’s Central Intelligence Organisation?

DC – That’s right, Zimbabwe’s equivalent of Stazi… was given a mandate to infiltrate and disrupt and if possible to destroy the opposition and I have no doubt that people have infiltrated during that period of 6 years and those are the people who are primarily responsible for organising and perpetrating the violence against members of the MDC.

SS – So you are talking about people close to Morgan Tsvangirai who, in your opinion, are infiltrators working for Mugabe’s intelligence?

DC – I wouldn’t say they are close to Morgan Tsvangirai, but they have certainly got themselves into key positions. I don’t think that Morgan Tsvangirai as an individual condones what has happened.

SS – But the fact is the split occurred when you and a number of your senior colleagues in the MDC decided it was right and proper to fight the Senate Elections that Mugabe had called for November of 2005. Mr Tsvangirai, the leader of the Party, thought that was plain wrong.

DC – I think that the Senate Election issue was simply a ‘smoke screen’; it was not the real reason. There had been issues building over time and it just so happened that it was the Senate Election that acted as a catalyst for the split that occurred in October last year. There were philosophical differences.

SS – Philosophical, in what sense?

DC – In essence, I think it was a difference in views as how best to tackle the regime, with some saying we needed to use all means at our disposal, including participation in obviously flawed Senatorial Elections, whereas another faction of the Party believed that the electoral process was so flawed in Zimbabwe that it should be abandoned.

SS – Is it also the case that you believe that some in the Party wanted direct action perhaps contemplating violent action and you were not prepared to go down that path.

DC – Well, I personally have never been prepared to go down that route. Not just for moral reasons, but for practical reasons. I believe it would be foolhardy to tackle the Zanu PF regime on the ground it has the most experience in.

SS – We see that Morgan Tsvangirai says that your faction, the faction that chose to fight these, as you called them, ‘deeply flawed Senate Elections’ was playing directly into the hands of Robert Mugabe. You offered some sort of legitimacy to those elections, you also by creating this split within the Movement for Democratic Change did the work of the Mugabe regime for it.

DC – I don’t think we legitimised the elections at all. All rational people throughout the world know that Zimbabwe’s elections are deeply flawed ….


SS
– If they are pointless, why fight them?

DC – It comes back to the philosophical question of – “are you going to use all means at your disposal or are you going to cut off those means?” The problem about not participating in elections is where does that end? Does it mean that one does not go into Parliament? Does it mean you don’t use the Court system and what signal does that send to the Zanu PF regime? Is the signal that you have abandoned your policies, your principles of using non violent methods of tackling this regime or is it that you are going to participate using the same methods used over the last 6 years?

SS – You have just given me a hint that behind the scenes there are some sorts of talks going on to try and heal the deep rift between the Movement for Democratic Change.

DC – One of the ways in which one can facilitate unity, once again, is by employing a certain term – ‘tough love’. You have to build up a faction so that it cannot be disregarded. Once it is there as a political force, that will encourage those, the hawks in the other side who believed that the Mutambara faction was not going to be factor in Zimbabwe politics, to think again. You force their hand to reunite and when those two groups reunite either as a united opposition or in some form of coalition or alliance then we will present a very powerful force against the Zanu PF regime.

SS – Do you think the problem perhaps lies in the nature of the Movement for Democratic Change? Did it not, in early days, receive substantial amounts of money for example from white farmers? We all know that Robert Mugabe made a great deal of political play of pictures of white farmers writing out cheques to the MDC. Haven’t you always been vulnerable to Mugabe’s powers that in the end you are a tool to the colonialist, imperialist powers in Zimbabwe and beyond?

DC – Let me challenge that assumption in the first place, you say that we received substantial funding from white farmers, that is part of Robert Mugabe’s propaganda, he was fortunate enough to get one television clip but we certainly didn’t get substantial funding. The MDC ….

SS – Are you denying that white farmers were early supporters in 1999 of the MDC?

DC – Of course white farmers were supporters, as well as people from the Churches, Human Rights groups, the Trade Union movement and other groups that wanted to restore the rule of law in Zimbabwe. But to say that we were somehow aligned with white farmers isn’t correct at all.

SS – Let’s be blunt about it. In a sense the extent of the problem you have is that you stand before me as a senior leader and spokesman of the Movement for Democratic Change as a white Zimbabwean. That is a problem for your Movement given the way Mugabe consistently plays the liberationist and nationalist card.

DC – Well it may appear to be a problem externally, but certainly internally it isn’t a problem. I was elected last year in a predominantly black constituency, a working class constituency, which is 95% black. I stood against a black woman Cabinet Minister and beat her with a 76% majority. There’s no problem within Zimbabwe. It’s one of the remarkable things about Zimbabwe, I think we have gone a step further, several steps further, than for example South Africa – race is a propaganda ploy employed by Robert Mugabe which gets a lot of currency in the international community but does not rub within Zimbabwe.

SS – But Mugabe is a canny political operator. I’m sure you can see that after 26 years. He does not make these statements and continue his tirades against people like you being the tool of Tony Blair and the colonial powers for no reason. He does it because it gives him political leverage.

DC – I think it used to give him political leverage but I that the truth is now coming out in Zimbabwe and I think that even in the region if we look at the last SADC Heads of Government meeting held recently in Lesotho, you will see that Robert Mugabe’s propaganda, the use of race, the use of land, is wearing thin.

SS – Can you be a coherent Movement and such a broad church bringing everybody from the white farmers on the one hand to the poorest black Zimbabwean who has suffered under the slum clearances on the other. Can there be a meaningful political party that embraces all of those people and everyone in-between?

DC – Well, we were originally a very broad church. White farmers are no longer a factor, there are perhaps 300 white farmers on the land, whites have gone out in their droves from Zimbabwe. There are hardly any whites left in the country. So it’s not as broad a church as it was and I think in the context of 6 years of struggle, we are refining our policies, we have a clearer ideological and philosophical direction.


SS
– How bad do you think can things get in Zimbabwe? The UN special envoy to Humanitarian Affairs has called it a meltdown, inflation is running at over 1000%, 80% unemployment, many millions of people living on international food aid. Can it get worse?

DC – It can get far worse. One of the tragedies of not doing this interview in Zimbabwe is that you don’t see for yourself what is going on. Life for the average Zimbabwean is sheer hell now with rampant inflation, food shortages and an increasingly authoritarian and paranoid regime. It’s a hell hole at present. But unfortunately when we look elsewhere in Africa, if you take the extreme examples of Somalia and Liberia, it can go a long way down. One just hopes that because Zimbabwe is situated in the middle of Southern Africa, regional leaders will understand that this is a cancer in our region and that they need to take stronger measures to reign in this regime so that we can negotiate a way out of this mess.

SS – Do you think that Mugabe is going to have to go before his term ends in 2008?

DC – I think if we are to stop the suffering of Zimbabweans, if we are to tackle the economy, he needs to go today, he needs to have gone yesterday. But I think he is so fearful that he will hang on to the death.


SS
– We spoke to Jonathan Moyo, who as you well know used to be his Information Minister now an Independent MP. He says that the ‘end game’ is upon us and that when it comes there will be huge splits within Zanu PF, the ruling party. He said there could even be civil war. Do you believe that?

DC – I believe that there is a danger of that. However I think what will restrain people is the memory of two civil wars in the recent past – the Liberation Struggle in the 1970’s and Gukurahundi in the 1980’s. Those two civil wars act as an enormous restraint on the people. Zimbabweans are remarkably peace loving as a result. But let me say this – that the only difference between the MDC and Zanu PF at present, is that the MDC’s split is out in the open, whereas Zanu PF has managed to paper over its split but the divisions are very serious. I think that change will come when the military and the police finally realize that the pool of patronage used by Robert Mugabe has dried up. When that happens, there’s a danger that they will fall under one or other of the Zanu PF divisions or factions and that could cause trouble.

SS – There have been negotiations in the last couple of years between members of the Opposition MDC and Zanu PF – do you believe there can be negotiations now or in the very near future?

DC – I think there have to be negotiations. One of the political realities of Zimbabwe is that despite what the Zanu PF regime has brought to bear on Zimbabweans, they still retain enormous support in certain areas of the country. For example in the Mashonaland rural areas up in the north of the country, Zanu PF still has core support and to that extent it remains a massive factor in Zimbabwe politics. There can be no settlement of the Zimbabwean crisis without Zanu PF’s involvement in that. Now I hope, of course, that we can deal with moderates within Zanu PF, and there are some, and bring them to the negotiating table so that we can thrash out an agreement regarding a new constitution which in turn will lead to the first genuinely free and fair elections in Zimbabwe since Independence.

SS – But are you prepared to say to Robert Mugabe, if he is to retire from the scene, and to his key lieutenants – are you prepared to say to them that you will offer them guarantees of safety, of the clearance of any suggestion of legal action against them from the table as part of a deal?

DC – I have much deeper human rights than political roots. I was a human rights Lawyer before going into politics, so the thought of granting amnesty to people guilty of war crimes is anathema, but that is a personal view. We have to take a practical decision; we have to weigh up whether it is worthwhile pursuing a prosecution against Mugabe against the deaths that are taking place every week – 3500 people are dying in Zimbabwe every week though the deadly combination of AIDS, poverty and malnutrition. We have to bring an end to that and the price we may have to pay may be to grant Robert Mugabe amnesty if it is going to bring an end to this calamitous situation that we face and provide him with a safe and secure way out.

SS – And if that does not work and Jonathan Moyo is right and there is the prospect of violence, civil strife inside Zimbabwe – will the MDC, in the end, make preparations for that and in the end fight if it has to?

DC – If I have my way, we will remain committed to the principles of Gandhi and Martin Luther King – I don’t believe that any form of violence is going to help Zimbabweans, if anything it will help a ruthless and paranoid regime. This is the argument we have made for 6 years. The one thing that the Zanu PF regime wants is for us to take up arms of war because they fought a guerilla war, they have the expertise…….


SS
– Sorry to interrupt. Are you sure that no body in the MDC is currently contemplating or preparing for armed action?

DC – I can say, with absolute assurance, that in our faction ….

SS – Well it’s not actually what I asked you, what about the Movement for Democratic Change generally?

DC – Well I don’t know what some of the people who have been infiltrated into the organisation are planning but I certainly know my colleagues of like-mind in the other faction, people like Tendai Biti, and Morgan Tsvangirai himself, are not contemplating that and certainly if any of them are contemplating that then that would certainly secure us never joining up with them again.


SS
– You spent more than 20 years fighting for human rights in Zimbabwe, you’ve spent the last 7 years involved with the Movement for Democratic Change – are you more pessimistic now than you’ve ever been about Zimbabwe’s short and medium term future?

DC – No I’m not pessimistic surprisingly enough, because I study history and I realise that dictators come and go and they are often the authors of their own demise. So when one looks at Hitler in his final days he became more extreme, more paranoid and I see the same happening to this regime. If anything I think the regime is speeding up its own demise and so in the context of this being a process, I see us nearing the end.


SS
– David Coltart, thank you very much for being on Hard Talk.

DC – Thank you.

Transcript of BBC HardTalk Interview with David Coltart – 12 October 2006

Posted in Downloadable documents | Leave a comment

Hardtalk interview available for viewing online

'Zimbabwe after Mugabe': David Coltart interviewed by Stephen Sackur for BBC Hardtalk

I’ve had many emails saying that some people have been unable to find the Hardtalk interview on the BBC website or that you were unable to watch it online. I can confirm that it is now available for viewing online via the BBC at a page titled ‘Zimbabwe after Mugabe’. This is the link: http://news.bbc.co.uk/2/hi/programmes/hardtalk/6063888.stm.

In addition to that, I have added an audio file of the interview that is available for downloading by clicking on the link at the end of this post (to save it to your computer, right-click on the link and choose ‘save link as’). The audio file is in MP3 format and is 2.7MB in size. I appreciate that this is still a very large file for those who are trying to download via a dial-up connection. To make it easier for Zimbabweans, I plan to upload a transcript of the interview to the website as soon as possible. Please keep checking back.

If you know someone who would like to receive a copy of the interview transcript but does not have access to the internet, please ask them to send us an email requesting that we email the transcript to them as soon as it is available.

Hardtalk interview (MP3 audio file, 2.7MB)

Posted in Statements | 5 Comments

Interview on BBC Hardtalk to be aired Thursday, 12 October

The BBC have apologized for the non-screening of the scheduled interview on 9 October 2006. Please be advised that the Hardtalk interview will now be screened on Thursday, 12 October 2006 at 5.30, 10.30, 16.30 and 20.30 Central African time. Please can viewers outside Zimbabwe doublecheck the times for their region by visiting the BBC Hardtalk webpage, which can be found at the link below:

http://news.bbc.co.uk/2/hi/programmes/hardtalk/default.stm

Hardtalk interviews can also be viewed online via the Hardtalk website (using the link).

Finally, if you miss the programme and would like to watch it, please do a keyword search for my name on the Hardtalk website and you should be ble to watch it there after 12th October as well.

Update: 12 October 2006
A breakdown of TV listings for BBC World is available here. Select 12 October, and your country from the time zone drop down menu – this will give you a full TV schedule for the day, including times for the Hardtalk programme.

Posted in Statements | 3 Comments