Sunday Mail

UNCOLONISED – With Lowani Ndlovu

The fact that over the last three or so months following the last Cabinet reshuffle in March the historic fast-track land reform programme that was started in 2000 has been mired in bureaucratic controversies is reason for great concern among the uncolonised and the time has come to go back on track to finish the unfinished business by ensuring that every inch of our soil is in the hands of the indigenous black majority without fearing the machinations of neocols and their running dogs.

If the truth be told without fear or favour, it is now common cause that the splitting of the then Ministry of Lands, Agriculture and Rural Resettlement into the new Ministry of Agriculture and Rural Development on the one hand and the Ministry of Lands, Land Reform and Resettlement on the other hand has resulted in the creation of unprecedented confusion around the whole land reform exercise and opened up huge doors and windows for Rhodies and their puppet associates to come in and cause havoc.

Between March and May, nothing appeared to be happening and many on the waiting list for allocation of A2 plots or resettlement under the A1 scheme raised questions about the standstill, wondering what was happening, perplexed by the silence and inaction by the new Ministry of Lands, Land Reform and Resettlement.

Not only was there no inaction by way of new allocations and new resettlements but there was also silence regarding the gazetting of new land which meant that there was no acquisition of new land from Rhodies, many of whom still cling on to illegally acquired land.

When the public raised concerns about this situation, certain sections of the sellout media, especially the Mirror, that have now clearly come out as schizophrenic enemies of the people’s revolution, started exclusively focusing on what they claimed was the real issue about land reform: multiple farm owners who were said to be exclusively in Cabinet or the Zanu-PF Politburo.

Although there were attempts to give the impression that these alleged multiple farm owners were many, the focus was on a very few Cabinet ministers routinely dubbed as “mafikizolos” by the Mirror and newspapers like the Financial Gazette, Zimbabwe Independent and Standard.

Suddenly, a media alliance merged between these newspapers, unified by claims that a handful mafikizolos in Government were holding on to multiple farms. Surprisingly, and very disappointingly to the uncolonised, even the ruling party’s The Voice joined the opposition Press in pushing a weekly line that the main issue in the land reform programme was now that some mafikizolos were holding on to multiple farms against both Government and party policies.

Again, the targeted mafikizolos were no more than three or four Cabinet ministers – no need to mention their names here lest you become unnecessarily excited – who happened to be associated with the battle for Kondozi, pitting them against determined attempts that ultimately failed, which sought to keep that farm in the hands of Rhodies who were externalising forex earned from the farm and who had found black fronts to use to hold on to the farm.

In the heat of all of this mumbo jumbo, officials in the Ministry of Lands, Land Reform and Resettlement started issuing bureaucratic withdrawal letters to not-so-high-profile beneficiaries of the land reform programme. In virtually all the cases, these bureaucratic letters were issued so as to enable former Rhodie farmers to come back. Indeed, offices of these bureaucrats who were issuing the letters became known for being overcrowded with Rhodie farmers, making them a no-go area for the new farmer.

When the public media exposed this scandal, Minister John Nkomo denied in Parliament that any such withdrawal letters were being written from his ministry. Later he said the letters were fake. The rest is history. His officials, especially his permanent secretary and key staff, reacted with anger and many of them called the media with threatening messages claiming that the exposure of the letters was because of succession politics as if unaware of the damage they were doing by allowing Rhodie farmers to come back under flimsy excuses of promoting the production of wheat in winter.

The same officials promised that they would hit back against the mafikizolos whom they accused of being at the forefront of unexplained succession politics.

The matter got out of hand when the same bureaucrats who had written the withdrawal letters to ordinary people were exposed by the public media for using a presidential statutory instrument to acquire agricultural equipment for themselves when the equipment was meant for State institutions.

And the result? Apparently led by the embattled permanent secretary of the new Ministry of Lands, Land Reform and Resettlement, the bureaucrats who were caught with their pants down responded by joining forces with MDC’s David Coltart, who had earlier in the year claimed in Parliament that senior Zanu-PF leaders and some Cabinet ministers were multiple farm owners. Coltart produced a list in Parliament to this effect.

Zanu-PF, the majority party in Parliament, was naturally incensed and outraged by Coltart’s claims and charged that Coltart was violating his parliamentary privileges and immunities to push Tony Blair’s agenda of discrediting the land reform programme using a list that was essentially false and malicious. A committee to investigate Coltart was put together, chaired by Paul Mangwana and including Tendai Biti, Joyce Mujuru and Chief Jonathan Mangwende.

In what has clearly become irrefutable evidence of what surely must be evil collaboration between David Coltart – read the MDC – and some officials in the new Ministry of Lands, Land Reform and Resettlement, Coltart’s list tabled in Parliament became the basis of a new set of withdrawal letters which this time were not sent to ordinary new farmers but to Cabinet ministers and senior Zanu- PF leaders not by bureaucrats but by the Minister of Lands, Land Reform and Resettlement himself, Cde John Nkomo.

The fact that these letters were sent to the wrong people about the wrong properties is now common cause and this is a fact that can be verified independently. What remains a troubling mystery is why and how Minister Nkomo signed these letters, whose contents were scandalously false and malicious. The jury is still out on this point and, like the sun will for sure rise tomorrow, so will the truth.

Meanwhile, it is now very clear that the same officials in Minister Nkomo’s office, who earlier issued unwarranted and illegal letters of withdrawal of land offers to new black farmers to allow Rhodie farmers to come back, were angered by the response of the public media to their diabolic acts and have been on a revenge path against those whom they perceive to have been behind their exposure.

In the process, these offending officials have apparently been falsifying records of land reform since 2000 in the vain hope of justifying their false information about multiple farm ownership.

There is now a new and very big scandal where the Permanent Secretary in the new Ministry of Lands, Land Reform and Resettlement, Cde Simon Pazvakavambwa, has been colluding with some known officials of the old Ministry of Lands, Agriculture and Rural Resettlement, now in Minister Nkomo’s new ministry, to falsify records, distorting them in the hope of creating and presenting a picture that has no basis in reality.

The new wave of withdrawal letters signed by Minister Nkomo two weeks ago are in this category insofar as they refer to either non-existent properties or to properties that were long withdrawn and re-allocated by the State. This is what was referred to last week in this column as “comical” and that remains a fact. The whole thing is very comical and unacceptable because it is political with nothing to do with law and policy.

As things stand now, the public fact out there is that Minister Nkomo and Coltart have one and common list of alleged multiple farm owners, yet the truth is that their list is false and malicious and that is the only thing they have in common.

Moreover, and this is what must now be addressed, officials in Minister Nkomo’s office are clearly manipulating records and falsifying information. The evidence of this falsification is too glaring and too embarrassing. In the interest of transparent governance, the matter cannot be left alone. There must be a thorough investigation and prosecution. No bureaucrat should manipulate the record that they inherit, distort and falsify it and hope to get away with it. No.

The land inspectorate and officials in the new Ministry of Lands, Land Reform and Resettlement must be investigated as a matter of urgency because it does appear, from the face of it that some illegal activities have taken place for political purposes.

Unknown to those who have sought to manipulate the records of land reform is that many of the genuine cases have original copies of letters given to them by appropriate and lawful authorities.

Original letters of withdrawal and offers with original signatures of relevant Government authorities are there as are original letters of application and so forth.

In short, all the information that officers in Minister Nkomo’s office are trying to hide or distort is there in one Government office or another and certainly the affected people have their own original letters. Therefore, no amount of falsification can ever succeed in the same way that Zimbabwe can never ever be a colony, again.

The Daily Telegraph
10th July 2004
By Peta Thornycroft in Harare

The exodus of whites from Zimbabwe is gathering pace, with most heading for Britain or Australia.

Many of those leaving had put up with four years of persecution in the hope that President Robert Mugabe would relent. But last week, when he ordered the closure of private schools for a week for raising fees, some lost their nerve.

Jeremy Callow, 55, a solicitor, said: “It was a painful decision because this is the only home we know. I love Zimbabwe, love the people, but can’t take it any more.”

Mr Callow said he succumbed to the “relentless” grind of trying to help white farmers fighting to recover possessions through the courts – and then struggling in vain to get the orders enforced.

“I spent 80 per cent of my time with farmers counselling them,” he said. “I am not trained for that, nor can I cope any longer with seeing grown men cry.”

Under a law introduced before the flawed presidential elections in 2002, Mr Callow had to renounce his British citizenship to vote. “It is costing an arm and a leg to get it back,” he said.

Among about 350 white farmers who remain on the land are some who had previously avoided the attentions of militants from the ruling Zanu-PF party. They, too, are now abandoning their homes.

Hendrik Olivier, director of the remnants of the once 4,000-strong Commercial Farmers’ Union, said: “We have recently noticed quite a number who have been left alone the past four years but are leaving.”

John Winward, 57, spent Monday night in police cells in Karoi, a village 120 miles north of Harare.

Under pressure from Zanu-PF invaders to leave his farm, Mr Winward went to the police with court orders stating that he was allowed to remain until September to process his crops.

“The policeman didn’t believe or understand the court order and locked me up for the night,” he said. “I wish now we had quit when the heat was on a couple of years ago.”

Chris Shepherd, 38, a father of four forced off his Karoi farm 21 months ago, had hoped to remain in Zimbabwe and await a calmer future. But, now struggling financially, he will travel to Australia to seek work. “I do this with a heavy heart,” he said.

David Coltart, an MP from the opposition Movement for Democratic Change, said: “This is ethnic cleansing, not in the Bosnian sense of the phrase, as they knew they couldn’t get away with wholesale murder.

“It’s more subtle, designed to drive out whites because Mugabe believes whites provide funding and administrative support to the MDC.

“The laws were changed to deprive whites of land. Private schools were closed to get at whites even though most pupils are black. Mugabe said whites were ‘enemies of the people’ and he is still hammering away at them.”

Rose McCullum, 39, owns Ocean-Air Packers and Removals. “Top businessmen are going in droves,” she said. “Most go to Britain, Australia or New Zealand. A few go to South Africa but they won’t stay there as they worry about the future there as whites.
“My two best friends are leaving and we are unsettled ourselves.”

The International Monetary Fund has granted Zimbabwe a temporary reprieve from expulsion, giving it six months to prove it can turn around its economy.

The IMF said it was doing this in recognition of reforms which have reduced inflation and progress in repaying debts.
But it said it felt “grave concern over the continued and sharp decline in economic and social conditions” and “the widespread HIV/Aids pandemic remains largely unchecked”.

Faith Zaba, Business Tribune

Although both MDC and ZANU PF have said Tuesday’s events where Chimanimani MP Roy Bennett assaulted two cabinet ministers were regrettable, legislators from both parties found a lighter side the following day by throwing comments, which left the House roaring in laughter.

In the usual parliamentary spirit, MDC legislators at every given opportunity referred to Justice,Legal and Parliamentary Affairs Minister Patrick Chinamasa as “the assaulted”.

The whole House was in stitches when Agriculture and Rural Development Minister Joseph Made stood for about three minutes laughing and saying “murikuda kundirova here?” pointing at MDC legislators (do you want to beat me up).

In response the MDC legislators said: “ndiyani angade kurovawo Made” (who would want to beat up Made of all people). Pointing fingers at some MDC legislators, Made then said “iwe, newe, newe.” Members of Parliament from both parties, the Speaker’s Gallery and even the Press Gallery could not help but laugh with Made, whom MDC legislators referred to as “Kondozi Minister” or “Ve Kondozi”.

This was in reference to the controversial Odzi farm, Kondozi, which Made is accused of eyeing and using Arda as a front in the latest government acquisition.

It took Made some minutes to respond to a question, which had been raised by Harare South MP Gabriel Chaibva, on why government ordered out a United Nations assessment team, which wanted to establish whether Zimbabwe had enough food.

Made almost spoilt the relaxed atmosphere when during his response he singled out Bulawayo South MP David Coltart, who was among some MDC legislators who were interjecting him.

The smiling Made all of sudden became angry and pointed at Coltart saying: “Mr Colart, I do not wish to exchange anything with you at this particular time. Do not shout at me. I cannot be shouted at. I was not born to be shouted at.”

Responding to Chaibva’s question Made said it was member states that made crop and livestock assessment and according to the country’s assessment, Zimbabwe did not need food aid.

At one time, some MDC legislators told Chinamasa that his remarks, in which he said Mufakose MP Paurina Mpariwa should continue lying about the food situation in the country and that he would not be intimidated, were provocative.

The MDC legislators shouted to Chinamasa saying; “watanga, ndosaka wakarohwa. (you have started provoking us, that is why you were beaten up”.

Gwanda North MP Paul Themba Nyathi asked Chinamasa to withdraw his statement.

Nyathi said: “On a point of order. the Minister in his response referred to us and said that we continue to lie.”Madam Speaker, that is not only unparliamentary but it is very provocative.

“Such kind of language also puts this House into disrepute.”

Chinamasa then withdrew and when he tried to explain what he meant, MDC legislators interjected saying he should stop at the withdrawal.The deputy Speaker had to intervene and said: “This is enough, I know my rights and I will not let you get out of control like what you did yesterday.”

In an apparent show that Chinamasa took heed of what Nyathi said, the minister in a response to another question from Chaibva, decided not to say that the legislator was lying but that he was mistaken.

“I do not want to use unkind words but I will say that the Honourable Member is mistaken.

“He is not lying but he is mistaken.

“I never said the delimitation is already in progress because a delimitation commission has not even been appointed,” Chinamasa said to an outburst of laughter from the legislators.

On Wednesday, the legislators from both parties seemed to have buried Tuesday’s incident. Bennett attended Parliament on Wednesday and business went on as
usual.

Faith Zaba, Business Tribune

ZANU PF wants Chimanimani Member of Parliament Roy Bennett to be expelled from Parliament for assaulting Justice, Legal and Parliamentary Affairs Minister Patrick Chinamasa and Minister of Special Affairs for Anti-Monopolies and Anti-corruption Programme Didymus Mutasa on Tuesday.

However, some political analysts say Bennett’s actions were not that severe to warrant expulsion from the House.

ZANU PF’s Harare and Manicaland provinces have banned Bennett from their provinces, with the Harare governor, Witness Mangwende threatening the MDC legislator with unspecified action if he set foot in his province.

Zanu PF supporters staged a demonstration along Nelson Mandela Avenue and later gathered outside Parliament. When Chinamasa arrived, the supporters mobbed him and started chanting a song saying “Chinamasa Ukarohwa una- dzoserawo” (You must retaliate when someone beats you up).

The demonstration turned violent when they were dismissed from Parliament House after being addressed by Mangwende. They went on to smash windows and the door at the entrance of MDC’s offices at Harvest House along Nelson Mandela. The police had to block Nelson Mandela avenue from Angwa to First Avenue.

The supporters were calling for Bennett’s expulsion from Parliament and Zimbabwe.

Mangwende said: “We don’t want to see Bennett here in Harare and in Zimbabwe. Bennet must go and we don’t want to see him at his farm in Ruwa or in Manicaland. If he comes to Harare we will silence him. Ane plot kuRuwa ticha mutevera ikoko. We will find him where he is hiding. He should leave his farm in Ruwa today.”

He expressed shock at the fact that Bennett was not arrested on Tuesday on assault charges and that he even attended Parliament on Wednesday.

The analysts say what happened on Tuesday is not unique to Zimbabwe but that it has happened in many other countries, like Taiwan, South Korea, Russia and Northern Ireland and no MP has ever been expelled in those countries.

Constitutional lawyer, Lovemore Madhuku said yesterday it would be unconstitutional to expel Bennett from Parliament as he is an elected Member of Parliament and that it was a one off offence.

“One possibility is that they may expel him. That is the most ultimate punishment and Parliament will have to vote on it. However, Parliament cannot recommend a more severe punishment than that recommended by the Priviledges Committee.

“I believe that his behaviour does not warrant expulsion. Suspension will be good enough as it will send the right message. Expulsion is not warranted as it was one-off. It will also be unconstitutional for Parliament to expel him.

“The Constitution spells out ways in which a member may lose his or her seat and if you look at the various reasons for expulsion, the case will be so severe. Parliament cannot expel an elected member, yes it has a right to punish but that does not mean loss of a seat,” he said.

According to the Constitution, a member shall be expelled by a two-thirds majority from Parliament if the legislator is convicted of a criminal offence and sentenced to imprisonment for a term of less than six months or to a fine or any other punishment.
ZANU PF legislators in the priviledges committee might be under pressure to expel Bennett but they will get a fight from the MDC legislators in that committee.

The committee comprises Public Service Minister Paul Mangwana, Water Resources minister Joyce Mujuru, Chief Mangwende, Harare East MP Tendai Biti, Bulawayo North East MP Welshman Ncube.

Analysts warned the committee not to use the racial card as this would be “dangerous” and not advisable.

In my 12 years of covering Parliament, this week was the most exciting for me as a journalist as I watched the hefty Chimanimani MDC legislator Roy Bennett assault the two Cabinet ministers during a debate.

This is not to say I condone what happened as it was regrettable and unfortunate, but for a journalist, the incident added colour to the House.

In the past, particularly in the last five years, there have been near blows in the House as tempers flared during debates between legislators from the main opposing parties, ZANU PF and MDC.

Still fresh on people’s memories is the incident when Bulawayo South MP David Coltart tabled a list of 38 ZANU PF legislators who allegedly had more than one farm with some owning as many as four farms.

On that day, Parliament was almost turned into a boxing ring and for 40 minutes chairman of committees Lazarus Dokora failed to bring order to the House as legislators from both sides threw insults at each other.

The legislators were in near blows and at one time, ZANU PF chief whip Jorum Gumbo crossed the floor to confront Coltart about the list, but was mobbed by at least seven MDC MPs.

The MDC legislators stood up almost as a way of shielding Coltart from Gumbo who was practically breathing fire. To avert a possible fist-fight, Gumbo had to be dragged away by the sergeant-at-arms, Nicholas Marufu.

Unlike on that day when fellow legislators and Marufu reacted quickly, everything on Tuesday happened very fast. It took just a few seconds for Bennett to cross more than 20 metres to where Justice, Legal and Parliamentary Affairs Minister Patrick Chinamasa was making his presentation.

Before anyone could realise what was happening, Bennett had passed several ministers including Tourism Minister Francis Nhema, the huge Home Affairs Minister Kembo Mohadi and the energetic Minister without Portfolio Elliot Manyika, to shove Chinamasa, who had not even realised that the MDC legislator had reached him.

The push was so hard that Chinamasa found himself on the ground about two metres from where he stood.

It took him some minutes to get up, but by that time Bennett had also directed his anger at Mutasa, who is in the Manicaland provincial committee on land reform.

To get to Mutasa, Bennett passed Mohadi, who later restrained him and Manyika, who wanted to beat up Bennett as he retreated to the back.

Bennett was then ordered to leave the House and Chinamasa upon getting up, appeared calm or maybe he was still in shock.

MDC’s leader of the House Gibson Sibanda, Chief Whip Innocent Gonese, Ncube and Biti crossed the floor to express their regret over the incident. Sibanda then made a public apology and he dissociated his party from Bennett’s personal reaction.

Muckraker Column – Zimbabwe Independent

DEFENCE minister Sydney Sekeramayi has called on defence attachés accredited to Zimbabwe not to engage in local politics but to concentrate on giving military advice.

“May I remind you that the world over the defence forces as the most powerful instrument of the state apparatus must be apolitical for they are meant to guarantee the peace and security of every citizen in the nation irrespective of religious, political or social affiliation,” he said in a speech read on his behalf at a reception for the defence attachés.

This is as it should be. Political neutrality and professionalism go hand in hand. That is why it is unforgivable when senior military commanders intervene in election campaigns to inform the voting public who is or is not acceptable to the armed forces as a candidate. That is why the military must not play any role in electoral supervision. That is why it is unhealthy for ex-military officers to be given party-political posts after their retirement. That is why serving officers should not engage in private business.

Most of the defence attachés present at the reception last Friday knew that already. They probably wondered if their absent host did!

The official media recently gave coverage to the presentation of a cheque for $30 million to President Mugabe by Hear the Word Ministries pastor Tom Deuschle. Readers of the Independent have expressed their indignation in our letters columns. They will be even more angered to hear what Deuschle had to say at the ceremony.

“Pastor Deuschle said the church supported the freedom of the people but that should be expressed within the confines of the law,” the Herald reported.

Does that include the law gazetted last weekend which says people can be detained for up to three weeks without a magistrate or judge being able to release them? Does that include the media law which empowers a government-appointed commission to impose severe penalties on journalists whose reports the state takes exception to? Does it include the law which prevents women from marching in the name of peace and justice?

Deuschle said there were powers that were trying to destroy Zimbabwe. His church would not judge the president by what the press, the West or the East said about him.

“We know that God has blessed you and it’s God’s gift to the nation because God establishes leaders,” Deuschle gushed. The recently reshuffled cabinet should give the country “clear guidance”.

Which is evidently something “Pastor” Deuschle is unable to do!

At least we had some straight talking from the president at the ceremony. He admitted to failures on the political side and in the agricultural sector. He spoke of the corruption and robberies that were prevalent as well as drunkenness and drug addiction.

“We have been tarnished but not everyone has been tarnished,” he said. “There have been those who resist evil.”

The president was last week photographed with Archbishop Pius Ncube who is demonised weekly by the official media for his principled stand against the brutality and evil stalking this land. Other church leaders were quoted last week as gullibly offering their support to the president’s anti-corruption drive. They didn’t ask what happened to those who fraudulently milked the War Victims Compensation Fund of millions of dollars a few years ago.

God is obviously offering Zimbabweans a choice as to who his real spokesmen are. Tom Deuschle has shown us who he serves!

Just as many of our readers were appalled by Deuschle’s fawning gesture, so others were by Island Hospice’s decision to invite Health minister David Parirenyatwa to open their new headquarters.

Bulawayo South MP David Coltart evidently shares the same view. He wrote recently to Island Hospice as follows:

“Dear Members of Island Hospice,”I am a great admirer of the wonderful work your organisation does and just recently received yet another glowing report from a dear friend whose wife was ministered to by your superb staff in her last days.It is accordingly with deep regret that I have to write to you to express my disappointment that you invited Zanu PF’s Minister of Health to the recent opening of your new headquarters.

“As you probably know I recently participated in the budget debate in parliament and was appalled by the stance taken by this man, and indeed all those who voted for the Ministry of Health’s budget. The Ministry of Health has onlybeen allocated $700 billion which is woefully inadequate. By way of comparison I should mention that the CIO was granted $62 billion, the Youth Brigades some $40 billion, the Army and Airforce $815 billion,the Police $339 billion and the “unallocated reserve” in the Ministry of Finance (which is not subject to the same scrutiny as other votes by parliament itself and is routinely used to supplement defence spending)$1,3 trillion.

“In other words we know that at the very least this regime will be spending $1,256 trillion defending itself (plus whatever else it takes from the unallocated reserve during the year) while poor Zimbabweans are being sent home to die from our hospitals because of inadequate medicines and lack of medical personnel.

“In these circumstances I find it distasteful that any medical organisation could associate itself with, never mind invite as guest of honour, a man who is complicit with and largely responsible for this appalling state of affairs. I hope that your wonderful organisation will never associate itself with such people again.”

If Island Hospice wants to maintain public support it should take note of Coltart’s letter. A response from them would be welcome.

Peta Thornycroft – Harare

President Robert Mugabe has issued a decree so draconian that it amounts to a “state of emergency” by stealth, human rights lawyers and the opposition Movement for Democratic Change said yesterday.

New laws will extend periods of detention for those accused of both economic and political “crimes” from 48 hours to a month without bail. Hundreds of opposition political activists have been tortured over the last four years during the 48-hour detention period. Patrick Chinamasa, the justice minister, claimed the amendment to the Criminal Procedure and Evidence Act was a tool to help police investigate those suspected of sabotaging the economy. “It is outrageous,” said David Coltart, MDC secretary for justice, who is also a human rights lawyer. “These regulations are nothing less than a Trojan horse which usher in provisions that give the regime State of Emergency powers without declaring one.” He said Mr Mugabe understood that the region and South Africa would not tolerate a declaration of a state of emergency in Zimbabwe. “Now under the guise of combating corruption, the regime has introduced 30-day detention which will undoubtedly be used to detain those who promote peaceful civil disobedience.”

Sunday Times (South Africa)

Zimbabwe’s President Robert Mugabe has given himself powers of detention that allow his police to hold opponents of his regime in prison for up a month without legal process on charges of “subversion,” the opposition Movement for Democratic Change said.

The state-owned press reported at the weekend reported that sweeping presidential powers wielded by Mugabe banned judges or magistrates from giving bail to suspects, but only in cases of money-laundering, fraud and illegal foreign currency and gold trading.

However, scrutiny of the decree after it became available yesterday revealed that the law also applied to a wide range of offences under the Public Order and Security Act (POSA), including “attempting to coerce” the government through boycotts, strikes, civil disobedience or “resistance to the law,” said MDC secretary for legal affairs David Coltart.

He accused Mugabe of making “a silent declaration of a state of emergency.”

The laws allow police to keep suspects in prison for a week without having to produce prima facie evidence. If the state is then able to produce evidence, the suspects can be held for another three weeks.

“These regulations are nothing less than a Trojan horse which effectively usher in provisions that give the regime state of emergency powers without actually declaring a state of emergency,” Coltart said.

POSA was used last year to arrest most of the MDC’s leadership.

None have been brought to trial.

MDC secretary-general Welshman Ncube said Mugabe’s decree was “a rehash” of 30 day detention laws used by South Africa’s apartheid regime and the former white-minority Rhodesian government.

Mugabe continued to use them after independence in 1980, during the massacres by his security forces of about 20,000 people in Matabeleland.

Human rights studies in the two countries say tens of thousands of people were tortured, assaulted and murdered under detention laws.

Mugabe himself spent 10 years in detention under former Rhodesian prime minister Ian Smith.

The first victim of Mugabe’s decree was ruling party central committee member and tycoon James Makamba, charged with dealing illegally in foreign currency, the latest in a string of arrests since January in what the state media describes as an “anti-corruption drive.”

However, the crackdown is seen by some as a mask for the removal of dissidents within the ruling party.

“Corruption is endemic in ZANU(PF)” said Coltart, citing a sequence of bribery, fraud and embezzlement scandals since soon after independence, none of which have produced a single prosecution.

“When we see similar members of ZANU(PF) arrested, including close relatives of Robert Mugabe, we will know they are serious about corruption,” he said.

Ncube said the recent arrests of party officials was to “make examples of them” on the pretence of dealing with corruption.

“Most likely it is because of the dispute within the party over a successor to Mugabe. This decree is meant for opponents of Mugabe, whether they are inside or outside ZANU(PF),” he said.

The Third Chamber

During discussions in The Third Chamber in 2003 Zimbabwe was often used as a negative example when it came to democracy and good governance. The media were often victim to censorship, elections were manipulated and food relief was used as a political weapon. For the last few months the country has been out of the international spotlights. How is the situation in Zimbabwe at this moment?

We asked David Coltart, MP on behalf of the opposition Movement for Democratic Change (MDC). He has commented on the situation in his country on the website of The Third Chamber before.

Recently a trial has started against Philip Chiyangwa, businessman and MP on behalf of the governing Zanu-PF. He was accused of illegal conduct in obstructing police investigations into the corrupt activities of money market fund managers. Some observers see his trial as a signal that President Robert Mugabe is starting to take the fight against corruption seriously. How serious do you think we must take this trial?

“I’m afraid the trial is mainly a smokescreen, a diversion for a greater crackdown against the opposition. It might also play a part in a power struggle within the Zanu-PF. Whatever it is, smokescreen or power struggle, there is no way that Chiyangwa will end up with an effective jail sentence. If he is convicted at all, it won’t be more than a symbolic sentence.

President Mugabe is not getting any younger. Is there any pressure from within his party to step down or will he himself decide when the time has come?

“That is difficult to say. I have no doubt that he desires to see out the end of his term. He will only step down if forced to do so by a combination of international and domestic pressure. The question remains of course: will it succeed to build up such pressure that he doesn’t have a choice? He won’t step down during this term of his own free will.”

In October 2003 you thought that Zimbabwe’s neighbouring countries, especially South Africa, could not ignore the “problem Zimbabwe” very much longer, in order not to lose their credibility. How do you look upon the role of South African President Thabo Mbeki now?

“I’m much less positive than I was only a few months ago. Mbeki will only speak out if it starts affecting, visibly, the South African economy or if he deems silence detrimental to his election campaign. Both are unlikely and Mbeki will do everything to avoid having to do this. I think Mbeki’s credibility has already been badly damaged – he has failed on the two major issues of his first term – namely Aids and Zimbabwe.”

The food situation in Zimbabwe is disastrous. Is this completely due to the “land reforms” or are there also reasons for which the government is not to blame?

“The UN World Food Program recently raised their estimate of those needing food from 5 million to 7 million. So there is a threatening famine, because it is far from certain that the WFP can help all these people. Fortunately, aid organisations are more alert controlling the distribution of food and therefore it is harder for the regime to use aid as a political weapon. The agricultural problems are mainly caused by the chaotic “land reforms”: much of the land lies barren, crops have not been planted and many of the experienced farmers and farm workers have left. The situation was compounded by erratic rains, but not drought.”

“Unfortunately, I have to conclude that the situation is far worse than a few months ago and I am not optimistic for the foreseeable future.”

Daily News
by David Coltart

OPINION PIECE: South African President Thabo Mbeki in a recent State visit to Canada assured Canadian Prime Minister Jean Chretien that talks were taking place in Zimbabwe between the Mugabe regime and the opposition MDC and that a settlement was likely soon.

These comments follow similar confident assurances given by President Mbeki to President George Bush when he visited South Africa in July.

These assertions are not new. President Mbeki first commenced his policy of “quiet diplomacy” in April 2000 following the first brutal murders committed earlier that same month by the Mugabe regime against the opposition in the run up to the 2000 Parliamentary elections. Since then he has repeatedly stated that this policy was the best way of resolving the crisis in Zimbabwe.

The MDC has stated repeatedly since July that whilst there have in the past been a few informal discussions with elements of the Mugabe regime no agreement has been reached. In fact since President Bush’s visit no discussions or talks of any description have taken place. The Mugabe regime itself has issued similar denials about the so-called progress of the talks about talks. The only person who persistently insists that talks are taking place, that agreement has almost been reached and that a settlement is imminent, is President Mbeki.

Whilst one doesn’t wish to question President Mbeki’s good faith one wonders what sort of intelligence he is receiving. What does he know that we don’t know? Has he been advised of something that even the head of our dialogue team, Hon Professor Welshman Ncube doesn’t know? The South Africans counter these denials from both parties as coyness on their part – in other words part of their negotiating strategy and, accordingly, untrue.

So what in fact is happening?

In answering this question it is instructive to draw a comparison between what is taking place in Zimbabwe today and what happened in South Africa after the release of Nelson Mandela and the commencement of the Codesa talks which led to the end of apartheid and the first democratic elections in 1994.

Whilst there were major setbacks and a continuation of violent actions, including those perpetrated by a third force, President FW De Klerk did ensure that an environment was created to facilitate discussions.

Codesa itself was conducted in a relatively transparent fashion and the general public was at least aware of its existence and what progress was being made. In other words aside from the inevitable doublespeak and setbacks, that are part and parcel of any settlement talks, the world was able to judge from an objective reality that talks were taking place, that all the parties to them were engaged in the process and that they were bearing fruit.

The situation prevailing in Zimbabwe today is a far cry from what happened in South Africa in the early 1990s. Whereas in South Africa attempts were made by the apartheid regime to create a more conducive environment for talks the converse applies in Zimbabwe today and the lie regarding the success of the talks and “quiet diplomacy” is given in the harsh objective reality of the political crack down that has been experienced in Zimbabwe, ironically since Thabo Mbeki became George Bush’s “point man” in July. This harsh objective reality is given in five indicators which show what the Mugabe regime’s true intentions are.

1. The August supplementary budget

In August the Zimbabwean Parliament debated a supplementary budget for the 2003 financial year. Most budgets are a clear guide as to the policies which any government is about to implement and this budget is no exception.

The budget for the CIO (Zimbabwe’s equivalent of the Stazi) doubled to a total of Z$10 billion. The salary budget for the parent Ministry of the notorious Youth Brigade (the so called “Green Bombers”, Mugabe’s version of the Hitler Youth) went up from Z$1,2 billion to Z$3,4 billion.

To put these increases in context the total budget for drugs and medical expenses for all of Zimbabwe’s prisoners (conservatively estimated to number 22 000) went up from the original figure of Z$400 million by paltry Z$100 million to Z$5 billion.

Put another way the regime is happy to spend billions on institutions that are designed to instill fear in the public but is only prepared to spend approximately Z$23000, or US$4, per prisoner in a prison system ravaged by Aids and overcrowding.

2. The new food distribution policy

Largely as a result of the chaotic land and economic policies over half the Zimbabwean population faces starvation. The Mugabe regime has turned this situation to its own benefit as it has used food as a political weapon.

The World Food Programme has attempted to negate this policy by insisting that NGOs distribute food donated by foreign governments and institutions.

In August the regime issued a new food distribution directive that WFP sourced food must be distributed by government agents.

Whilst this caused a flutter in the donor community and a Memorandum of Understanding (that the preexisting system of food distribution by NGOs would continue) being agreed to between the donor community and the regime, the fact remains that the original directive has not been withdrawn.

Whether the Memorandum of Agreement or the directive holds sway is not the point. There was never any need for the new directive and its issuance is a clear demonstration of what the regime’s intentions are – it would still like to use food as a weapon.

3. Harassment of the MDC and civil society

Immediately after the Bush/Mbeki meeting in early July the MDC made several conciliatory gestures to facilitate negotiations. Its MPs and Morgan Tsvangirai attended the opening of Parliament by Mugabe (having previously boycotted any functions attended by him); it postponed further mass action (having organised two extremely successful nationwide strikes in March and June) and advised that it was prepared to suspend the court challenge to Mugabe’s March 2002 election.

Those actions have not been reciprocated by anything other than ongoing harassment of the MDC by the regime. The August Urban Council elections were marred by violence, intimidation, fraud and abuse of the electoral process by the regime. Despite this the MDC still managed to win control of 11 of the 12 municipal councils and controls the five largest cities in the country.
Spurious prosecutions against MDC leaders have continued and new prosecutions commenced. A few weeks ago 3 MDC employees were shot in the MDC headquarters by a ZANU (PF) supporter; as is customary the wounded employees were arrested and the ZANU (PF) culprit has not been prosecuted.

On the 18th November the entire MDC campaign team for the Kadoma Constituency by-election was arrested and the same team denied access to the voters’ roll for the constituency.

These are but a sample of the types of harassment the MDC continues to endure. Pro-democracy efforts by civil society are not exempt as demonstrated by the violent suppression of the Zimbabwe Congress of Trade Union’s peaceful protests by the police on the 18th November.

Even the ANC’s tripartite alliance partner, COSATU, recognised the extent of the suppression and threatened to shut down Zimbabwe’s borders with South Africa.

The point is that far from liberalising the political environment the regime has done the very opposite since July.

4. The banning of the Daily News

Presidents Mbeki and Obasanjo have in the past year expressed disquiet regarding legislation designed to silence the press such as the so called “Access to Information” Act (AIPPA) and announced that they had received assurances from the regime that the draconian aspects of the Act would be repealed.

Whilst the Act has been amended, the draconian measures are still firmly in place and in September were utilised effectively to ban the only independent daily newspaper, with the highest circulation of all newspapers, The Daily News. This is the only independent paper the average Zimbabwean can afford. Excessive force has been employed by the police to ensure that the Daily News remains closed – computers have been confiscated and senior editorial staff, journalists and directors of the company have been arrested. The regime shows no sign of allowing the Daily News to open again, indeed government controlled newspapers have celebrated the “demise” of the Daily News in their columns. Threats have been issued by the regime’s Minister of Information, Jonathan Moyo, against the only two remaining independent weekly newspapers. When the regime’s Minister of Justice was asked in Parliament recently by me whether Moyo’s comments reflected the regime’s policy, the retort was that the “law” would have to take its course
against these other newspapers, another clear threat and an indication that the regime has no intention of creating an environment conducive to negotiations. Threats have even now been directed against the Administrative Court Judge, Michael Majuru, who ruled recently that the Daily News was lawfully entitled to operate. All of these measures are designed to ensure that a free press is not allowed to operate in Zimbabwe.
5. The militarisation of institutions and society
Whilst in Canada President Mbeki indicated that there was a prospect of a coalition government emerging in Zimbabwe soon. This sentiment is not matched by facts on the ground. On the same day President Mbeki spoke in Canada General Zvinavashe, the Commander of the Armed Forces, announced his intention to retire and to go into some form of “national” position. Speculation is rife that Mugabe’s intention is to appoint Zvinavashe as Vice President to replace the late Simon Muzenda.

This would be consistent with Mugabe’s policy of the past few years to appoint military men to head the Prison service, the Grain Marketing Board, the Electoral Supervisory Commission, secret police and even Provinces – the latter demonstrated by Mugabe’s appointment two weeks ago as Governor of Manicaland Province of the officer in charge of the regime’s military operations in the Congo. The appointment of this army officer has resulted in hostilities being directed against MDC leaders in Manicaland in the past
few days. All in all there is nothing to indicate that the Mugabe regime has any intention of negotiating a peaceful and democratic solution to Zimbabwe’s crisis. On the contrary there is every indication that the regime is digging in. What many throughout the world do not seem to grasp is that Mugabe is a tyrant and tyrants do not negotiate their way out of power. What also is not appreciated is that Mugabe has very compelling reasons why he fears losing power. Only two groups of people fully know what happened when Mugabe deployed his North Korean trained Fifth Brigade in Matabeleland in January 1983 – the surviving victims and the perpetrators responsible for the massacres of over 20000 people and the torture of tens of thousands of others. Mugabe himself is in the unique position of knowing both what happened (having engineered and directed it in the first place) and of knowing the depth of anger still felt by the victims (routinely reported to him by his intelligence services). Just recently the Supreme Court, increasingly a willing arm of the regime, ruled to suppress the publication of government reports prepared in the early 1980s which detail what happened during this period. Furthermore few appreciate the extent to which the Mugabe regime has looted the resources of Zimbabwe in the last few years.

The leaders of the regime know they simply cannot relinquish power if they are to continue to hide and retain their ill-gotten gains. It does not matter what amnesty guarantees the MDC gives Mugabe and those around him who are guilty of crimes against humanity and corruption. They know that there is nothing anyone can do to protect themselves from the wrath of the Zimbabwean public and international law once they lose the safe haven of political power. Because of this all consuming fear Mugabe himself will not consider resigning unless three conditions are met.
Firstly, a broad consensus will have to emerge within the ZANU PF leadership regarding a successor to take over from Mugabe as leader of the party. The party is seriously divided on this issue at present and Mugabe knows that if he goes prematurely it could lead to serious internecine strife.
Secondly, Mugabe would have to be satisfied that that proposed successor would not sell him down the river ala President Mwanawasa’s treatment of former President Chiluba in neighbouring Zambia this year. One of Mugabe’s greatest nightmares is the prospect of him being offered up as a sacrificial lamb to appease the international community after losing power.
Thirdly, Mugabe would have to be satisfied that this chosen successor is able to win a national Presidential election, in other words that this person would be able to command support nationwide from, at the very least, rank and file ZANU PF members. Mugabe’s dilemma is that there is no suitable candidate who meets all three of the criteria. There certainly is no consensus within the ZANU PF leadership regarding a successor. Unless ZANU PF has played its cards close to its chest well there does not appear to be any resolution to this problem in sight unless General Zvinavashe is viewed as a compromise candidate between the Mnangagwa and Mujuru factions. Zvinavashe and Mnangagwa would be the only candidates that Mugabe would trust not to betray him but both do not command national support. A further complication is that both are also on the UN sanctions list as a result of their nefarious activities in the Congo and as a result would not be able to secure international support and recognition easily, which is vital if the economy is to be turned around. Former Finance Minister Makoni is probably the only leader who would get national and international support but Mugabe would never trust Makoni to keep him out of jail. Until a leader does emerge who satisfies these criteria, Mugabe will not budge.
The facts are obvious. The Mugabe regime has paid lip service to negotiations and has no real intention of seeing them through to their logical conclusion. All the regime has done in the last few months is buy time whilst simultaneously tightening its grip on power. In this context it is appalling that some in the international community are seeking to relieve, rather than increase, pressure against the regime. International pressure against the regime should be increased in the following ways:
1. Existing targeted sanctions against those leaders of the regime responsible for gross human rights abuses and corruption should be maintained, strengthened and broadened. It should be stressed that the MDC is not calling for the imposition of general economic sanctions, and has never done so. It is only the regime’s propaganda machine that has put out the lie that the MDC has called for economic sanctions.
2. Those States still giving moral support to the regime should be engaged on a bilateral basis and encouraged to speak out against the human rights abuses taking place in Zimbabwe. In particular world leaders should no longer accept the glib assurances that all is well (which fly in the face of the harsh factual reality of Zimbabwe) made by those who have undertaken to resolve the crisis on behalf of the international community.
3. The Mugabe regime has effectively stemmed the flow of information out of the country by banning foreign journalists and independent local newspapers such as the Daily News. President Obasanjo said on the 17th November that one of the purposes of his visit to Zimbabwe was to find out for himself what was happening in the country. Whilst his efforts are greatly appreciated there is no way he could accurately assess what is going on in the country in a whistle stop visit to Harare lasting only a few hours. What is needed is for an eminent persons group to come to Zimbabwe for at least a week. That group will need to travel the country and must have an opportunity to speak to rank and file Zimbabweans, the opposition and civil society groups.
4. The international community should take every opportunity to invite opposition politicians, civic leaders and human rights activists to international fora and other meetings to give them an opportunity to explain to the world just what is happening in Zimbabwe. Once the full enormity of what is going on in Zimbabwe is appreciated internationally more will be motivated to do something constructive to resolve the crisis.
5. Greater attention should be paid to those who being subjected to massive human rights abuses in Zimbabwe. In particular greater international attention should be paid to the plight of people like Morgan Tsvangirai and many other lesser known MDC and civil society activists facing spurious, trumped up charges some of which potentially carry the death penalty.
6. Efforts must be made to raise the Zimbabwean crisis in the United Nations General Assembly. In particular consideration should be given to the application of the Report of the International Commission on Intervention and State Sovereignty given the Mugabe regime’s abuse of WFP food aid and the use of food as a political weapon against the Zimbabwean populace. The situation in Zimbabwe cries out for a visit by Secretary General Kofi Annan.
7. International resources should be secured to support civil society groups and human rights NGOs that have been assisting victims of the Mugabe regime and are engaged in non violent democratic opposition to the regime. Likewise resources should be obtained to ensure that a free and fair electoral environment is obtained, for it is only through free and fair elections that legitimacy and stability can be restored to Zimbabwe. When Presidents Mbeki and Bush held a joint press conference in Pretoria in July they both acknowledged that the Zimbabwean crisis demanded urgent attention. Tragically another four months have been allowed to slip by and if anything the crisis has grown.
Zimbabwe has the fastest declining economy in the world. It is experiencing hyper-inflation with rates well over 500 percent and sharply rising. Three million Zimbabweans have sought refuge in neighbouring States and elsewhere in the last few years. The numbers of refugees pouring out of the country grow daily and are now impacting fledgling, fragile democracies in the region. Aids infection rates are amongst the highest in the world with over one in four people infected. The health system is collapsing as are other social services. Over five million Zimbabweans face starvation in the coming months and there is no short term relief in sight because of the regime’s chaotic land and economic policies which will ensure that even if there are good rains this coming rainy season insufficient food will be grown. Life has, in short, become intolerable for the vast majority of Zimbabweans.
The pro-democracy opposition has been accused by some of not being ready to govern. It has been accused of lacking unity and vision. It has been accused of not having a concrete “way forward” out of this crisis once new elections are finally held. It is also accused by its detractors of being a stooge of the West and whites. This criticism and propaganda ignores the factual reality. The MDC, despite operating in one of the most draconian political environments in the world, has almost half the elected seats in Parliament and this year commenced governing 11 of 12 local governments in the country’s largest cities.
Despite the arrest, torture and detention of virtually every single member of its National Executive and Parliamentary caucus the unity and determination to govern of the MDC has never been stronger. The MDC has spent the whole of 2003 re-crafting its policies to cater for the rapidly changing economic environment caused by the Mugabe regime’s disastrous policies and these will be presented to the MDC’s membership at a convention in December for ratification. The draft policy document approved at a recent National Executive meeting is impressive.
The opposition has fought a principled non-violent campaign to gain power peacefully and constitutionally but its options have been systematically terminated by the
regime. These actions of this tyrannical regime will only strengthen the hand of hawks and reduce the chances of a peaceful resolution to the crisis.
If Zimbabwe implodes there will be devastating consequences for the region as a whole and much of the fine work done by African democrats such as President Mbeki will be undone. As difficult as it is for President Mbeki and other influential democratic leaders to deal with a tyrant in their midst, the time is now for them to vocalise the principled African Renaissance leadership that all in SADC expect of them.
Time is rapidly running out for Zimbabwe and the international community must act urgently and decisively to avoid a major humanitarian catastrophe.

By David Coltart MP

David Coltart has been a human rights lawyer in Bulawayo for the last 20 years. In 2000 he was elected to Parliament in the Bulawayo South Constituency. He stood against a former ZANU (PF) cabinet minister and won with an 84 percent majority. He is presently the MDC Shadow Minister of Justice and Constitutional Affairs.