Rules for our Rulers [17:42m]: Download

• Inter-party talks were again adjourned on Wednesday and are expected to resume in two weeks.

• MDC spokesman Nelson Chamisa said that the party is losing patience and allegedly wants to declare a deadlock in its negotiations with Zanu-PF. It plans to refer the agenda to SADC and South African President Jacob Zuma. The MDC appears to be standing its ground on key issues it wants resolved despite a plea by Zuma last week that it be ‘flexible’.

• The MDC (Tsvangirai formation) last week lost its majority in the Lower House of Assembly. It is now left with 95 seats, one less than Zanu-PF’s 96 seats. The MDC-M (Mutambara formation) holds 8 seats, and normally votes with MDC-T (Tsvangirai formation).

• A senior British diplomat in Harare said on Friday the UK wants to see the full implementation of the Global Political Agreement (GPA), as well as human rights and economic reforms, before it backs the lifting of sanctions.

Political Violence

• Gangs of Zanu-PF-sponsored thugs, led by the son of MP Aquiline Katsande, are terrorising villagers in the Mudzi district. George Katsande has threatened to shoot anyone supporting the MDC, adding that he is ‘above the law’.

Economy/Business

• Zimbabwe’s economy appears to be recovering from its disastrous collapse over the last 10 years. Economic analysts say prospects of opening new a business in Zimbabwe are better compared to previous years as the business environment has improved. According to the Confederation of Zimbabwe Industries, the manufacturing sector’s operation has improved to about 35%.

• Mwana Africa, a mining company based in Johannesburg and London, has led a resurgence in mining exploration, which had virtually come to a standstill before the government of national unity was installed early last year. Mwana Africa PLC is a pan-African, multi-commodity resources company.  Its principal operations and exploration activities cover gold, nickel and other base metals, and diamonds in Zimbabwe, the DRC, South Africa and Ghana. Mwana was the first African owned and managed mining business to be listed on London’s AIM market.

• However, critical to Zimbabwe’s recovery is a return to the rule of law and economic openness.  Zimbabwe was in 2009 ranked 178 out of 179 countries in the Index of Economic Freedom, which ranks countries according to criteria in both categories. Zimbabwe was in the same position in 2008.

• Workers at the National Railways of Zimbabwe (NRZ) are threatening to strike after not being paid since November 2009. Tourism officials meanwhile have admitted that there are hardly any passenger coaches in service.

• Zimbabwe is currently negotiating with Botswana over the building of a fuel pipeline linking Harare with Francistown. The pipeline is aimed to be a continuation from the existing Harare-Beira pipeline, which Zimbabwe uses to import its fuel. Botswana also wants to import electricity by financing the rehabilitation of Bulawayo’s long-mothballed thermal power station.

• The national fuel distribution parastatal, NOCZIM (which has not been audited for 20 years or more) is being restructured by the new Minister of Energy, Elias Mudzuri, to resume its original role as sector regulator and developer. The Minister said that NOCZIM should restrict its market operations to just retailing fuel, instead of crowding out competition by being distributor, wholesaler and retailer.

Diamonds

• The government has sent evaluators to monitor diamond production and sales at Chiadzwa to ensure operations at the controversial diamond field comply with Kimberley Process Certification Scheme (KPCS) requirements.

Agricultural Sector

• South African civil rights movement AfriForum has served papers on the Zimbabwean government over its land-seizure programme. The High Court in Pretoria issued an order last week granting three farmers leave to add the Zimbabwean government to an application to register in South Africa the 2008 SADC Tribunal ruling against the seizures.

• A Rusape commercial farmer was arrested on Friday for refusing to leave his De Rust tobacco farm. Koos Smit and his family were barricaded in their house for more than a week after Zanu-PF youths invaded their farm. Smit has been released on bail.

• Theft and vandalism of equipment from former commercial farms has hindered government efforts to repair and develop irrigated crops in the country over the past decade. The huge Wenimbi Dam near Marondera lies unused due to cancellation of irrigation projects by the Department of Water Development.

• The Grain Marketing Board (GMB) allegedly lost fertiliser worth thousands of dollars through vouchers fraudulently acquired from banks under the US$210 million agricultural support facility.

• The Grain Millers’ Association (GMA) of Zimbabwe has asked government to lift a ban on genetically modified grain amid a looming shortage. The Association wants to mill the GM maize instead of importing it ready-milled. GM whole grain is not allowed into Zimbabwe because it may find its way into farmers’ hands and be sown as a crop.

• A Zanu-PF activist, Goodson Nguni, has threatened Finance Minister Tendai Biti with “war” if he allocates money for the land audit. The activist said the US$31 million allocated to the land audit should be given to new black farmers. On October 7 last year, the European Commission (EC) said it was prepared to fund a land survey in Zimbabwe if government was willing to implement an “inclusive, transparent, and comprehensive land audit” as provided for in the Global Political Agreement (GPA).  Land audits in 2003 and 2004 incriminated 178 high-ranking Zanu-PF officials who violated the rules on land resettlement.

• Chief Ringisai Chikukwa in Chimanimani is leading a group of traditional leaders who are pushing for the return of Deputy Agriculture Minister (designate) Roy Bennett to his Charleswood farm in the area. The farm falls within the chief’s traditional territory.

Health

• Zimbabwe’s Ministry of Health said it would not force members of religious sects to have their children vaccinated. Thirty-two children have died of measles in recent days in Manicaland and Masvingo provinces, mostly from families belonging to the Apostolic Faith sect, which is opposed to vaccination.

Education

• An estimated 10 000 teachers are needed nationwide, with some rural schools left with either very few or no teachers at all. The most acute shortage is teachers for Science, Mathematics and English. The teacher shortage is due to problems dogging the re-engagement system that aims to bring teachers back to the fold.

• The University of Zimbabwe is seeking US$400 000 to renovate its halls of residence and kitchens which have been closed since 2006. The buildings are in disrepair due to years of neglect during the country’s political and economic turmoil of the past decade.

Law

• High Court Judge, Justice Chinembiri Bhunu, on January 25 declared firearms dealer Peter Michael Hitschmann an adverse and hostile witness in the treason trial of Deputy Agriculture Minister (designate) Roy Bennett. State prosecutor, Attorney-General Tomana proceeded with the impeachment process and cross-examined Hitschmann.

• Constitutional Affairs Minister Eric Matinenga dismissed reports that the committee managing the constitutional revision process has been suspended. He said the process has merely been paused to attend to administrative and budget issues.

• Parliamentary constitution select co-chair Douglas Mwonzora, facing sudden charges of insulting Mugabe for allegedly calling him a ‘goblin’ two years ago, says the charges are a ploy by Zanu-PF to divert attention from the process of redrafting the constitution. Mwonzora faces a maximum penalty of one year in jail if found guilty.

• Mwonzora also said his committee ignored a petition by the Women’s Coalition of Zimbabwe to include more women in the process because it believed it was another Zanu-PF ploy to distract it from carrying out its work. Zanu PF had failed to nominate its quota of women to the thematic committees, he said.

• The Reserve Bank of Zimbabwe (RBZ) faces the seizure of its property under a court order obtained by an agricultural equipment dealer who claims the central bank never paid him the US$2.1 million owed for a delivery of 60 tractors. The RBZ is reportedly close to collapse due to large amounts of unpaid debt incurred by several of Gideon Gono’s quasi-fiscal projects. These included the Productive Sector Facility, Basic Commodity Supply Side Intervention (Bacossi), Local Authorities Reorientation Programme (LARP), the Farm Mechanisation Programme and the Agricultural Support Enhancement Facility, which were financed by printing money.

• A senior immigration officer has gone into hiding after he allegedly issued 26 Bangladeshis with visas without authority. It is believed he operated in a syndicate that has seen Bangladeshis, Pakistanis and Somalis entering the country, mostly through illegal entry points, en route to South Africa.

Media

• Zimbabwe’s former ambassador to China, Christopher Mutsvangwa, has accused Zimbabwean journalists of bowing to western powers and being too quick to criticize their government. The remarks drew angry protests from Harare journalists.

• Two of the top-scoring candidates for the new Media Commission have been sidelined, and are protesting that their non-appointment was a result of ‘political horse-trading’.

Diaspora

• South Africa’s Methodist church said on Friday that prominent Bishop Paul Verryn, suspended earlier this week, is facing charges of breaching church rules. Verryn is well known for turning his Johannesburg Central Methodist church into a sanctuary for more than 3 000 homeless refugees, mostly Zimbabweans. The disciplinary hearing is scheduled to take place on February 8. Messages of support for Bishop Verryn are pouring in from around the world.

Wildlife

• Fifty families in Guruve have fled their homes after stray lions killed three people. The displaced villagers are being housed at a nearby school.

• The 2009 sport hunting season was severely affected by uncertainty surrounding issues in the GPA, the Safari Operators Association of Zimbabwe (SOAZ) has said. The association said the industry operated at about 45 percent capacity during the last season.

• The Zimbabwe Conservation Task Force reports escalating incidents of poaching within Charara and Hwange National Parks, apparently with the collusion of parks wardens.

The Good News

• A project in Bulawayo is using treated wastewater creatively to ease water scarcity and help about 1 000 residents grow food and earn a living. The 350-hectare Gum Tree Plantation Allotment project aims to boost food security in the city.

• The United Nations (UN) has approved an additional US$5 million from its Central Emergency Relief Fund (CERF) to finance the operations of the World Food Programme (WFP), whose Zimbabwean operation is currently facing a funding crisis and needs up to US$50 million.

• St John Ambulance on Saturday opened a new first aid training centre, which will enable the charity to increase the number of first aid and home-based care courses it offers. St John in Western Australia also donated three fully equipped ambulances to the charity.

• A serious cholera epidemic was expected in 2010, but the disease has so far lain low. This season the case fatality rate has dropped from 5.1 percent to 3.4 percent. Only ten of the country’s 62 districts have been affected by the current outbreak, compared to 51 districts last year, a World Health Organisation (WHO) bulletin said.

• The MDC-T is moving quickly to investigate and deal with corruption charges that were raised by the African Caribbean Pacific/European Union joint parliamentary assembly in Brussels.

Source:  Zimbabwe Democracy Now

www.zimbabwedemocracynow.com

Rules for our Rulers [12:11m]: Download

Rules for our Rulers [18:01m]: Download

The last speaker stressed that it would indeed be a people-driven process, with all the 17, 25-member thematic committees agreed at the all-stakeholders’ conference comprising 70 per cent civil society and with gender equality. He said that there were additional checks and balances in the process outlined under Article 6 of the Global Political Agreement than in the acclaimed South African constitution-making process.

“Whatever document is finally agreed by the various working groups, it will be subjected to a referendum so that the people have the final say,” Mwonzora said.

Comments from the public sought reassurance that the process would produce a people-driven constitution, that people participating would be protected “not just by statements from the joint minister of Home Affairs” from the looming violence.

Nona Sibanda, speaking from the floor, asked that the National Constitutional Association do its job and explain the process to rural people instead of designing its own constitution.

He said: “In rural areas the leadership is ZANU (PF) and those illiterate people will just say yes to whatever the leadership proposes. Tell Madhuku to get out there instead of wasting time and money.”

He added that in his view the process is dangerous to the people of Zimbabwe. “I have read this Chinamasa draft and I tell you, it will lead to a one-party state in Zimbabwe.” All contributors blasted the Kariba draft: many were terrified that the government would impose it: “because the President has said it is the basis of the new constitution – and it is the only one that has been published in The Herald.”

MP Mwonzora pointed out that Paul Mangwana, the ZANU PF co-chairman on the select committee, was the one who told the all stakeholders’ conference that the committee would not be bound by the Kariba draft and that the process would have a 50:50 gender balance with a 70 per cent representation by civil society.

A ZBC reporter quibbled at the figures and was told firmly that all political parties had agreed to have 600 representatives each out of the 3,596 people who attended the first all-stakeholders’ conference.

Rev. Magaya gave an overview of the history of Zimbabwe’s constitution before looking at the potential benefits and pitfalls in the current process. Mwonzora set the current scene by saying that our social and economic problems are endemic and the constitution must guarantee the integrity and security of all citizens.

“Under Article 6 we are holding all-stakeholder conferences at all stages of the process,” he said. Once the balanced thematic committees have completed their input there will be an outreach programme with adequate literature. “We intend to have 435 people, 131 of whom will come from Parliament, working on this programme,” he said.

“We have expert help for this now, simplifying the language of the rejected constitution and the Kariba draft and once this process is completed and printed we shall hold a second all-stakeholders’ conference with the same number of people but a better registration process, better food and improved accommodation.

“While there were problems with the first meeting, the second day went well, we achieved buy-in by the delegates – people were by and large tolerant of different views on the Tuesday – the 17 thematic sub-committees were agreed, the detractors were exposed and the law enforcement agents finally awoke and protected people. It demonstrated the stoicism and determination of the Zimbabwe people who have been talking about a new constitution for 10 years now.

“The need for national healing was brought to the fore and we are dealing with this, no draft was imposed on the meeting and the fact that detractors tried to stop it taking place shows how powerful and right the process is.”

Mwonzora described the constitution-making process as “a baby, one that will scream and wet itself and fall over – but he is not a false child. Lastly, we are all still Zimbabweans together and we pray there will be no disturbance to meetings of people who do not hold our views. That is the democracy we are fighting for – and by the way it will not be a Pilsner driven constitution but a people-driven one.”

There was much applause at a question as to why the people who disrupted the first constitution conference were not arrested. “We know who they are: we saw them on TV. Why are they free while MDC MP s are arrested and charged on the smallest of pretexts?”

Bishop Magaya’s reservations about the process were that it is being managed by politicians “who don’t have faith in each other. We don’t have a one-party state: we have an inclusive government with warring parties and those with alternative policies should be allowed their space,” he said.

“The constitution is being drafted in a highly polarised society. Some people think under it ZANU PF should remain in power: others think it should facilitate their removal.  People don’t see beyond Morgan and Robert.”

He felt it was a pity that ZBC and the Hon. Webster Shamu in particular kept saying that the constitution would be used as a vehicle to return the country to Britain. “I also see that some elements are using it to create a situation that will once again allow violence. And we are told that there is one draft – the Kariba one. There are areas of the GPA itself which are problematical and can be used to suppress people.”

On the positive side he pointed out that, unlike the process in 1999, this is not a one-party event. “We know the GPA is flawed but we have made reasonable inroads. We have a middle of the road approach bringing together the two extremes – one that it should be executive-driven, the other that it should be people-driven. There are not many examples of this latter concept. At least Parliament is facilitating the process: it is after all our only legitimate democratic body.”

Rev. Magaya felt that, despite the challenges faced at the first conference, the second day had gone well, the process has been endorsed by the churches and by many civil society groupings that are now interfacing with Parliament.

“My words of warning, however, to those who are involved and those who are sceptic: ‘interrogate the process continuously, the all-stakeholders’ group must be the supreme body: the executive and Parliament cannot alter their draft by one iota – and we must all learn to combine principles and pragmatism.’ Some of you are using ZANU PF tactics. Let us play clean politics.”

Dzimbabwe Chibge looked at the legal aspects and started out by saying that the only thing everyone agrees upon is that we need a new constitution as enshrined in Article 6. He pointed out that a company does not ask a new employee to draft his own employment terms, thus the people must not leave the constitution in the hands of politicians.

“For a new constitution there are three key points: first the environment – we need freedom of association, expression and movement; second the process, which is the most controversial aspect but it must be inclusive with the public participating; and thirdly it must be credible – we need reliable people to drive the process, which will be critical when it comes to the referendum. The supremacy of the will of the people is to be respected and it is critical that we all understand the content.”

Turning to the problems, Chibge was concerned about the intention to apply the Kariba draft, which he said was made, by six people on a cruise boat, a complete negation of everything he had just outlined.

“Article 6 says that the parliamentary committee tasked with drafting a new constitution ‘may, as deemed necessary, call upon experts.’ We all know what ‘may’ means. And what does parliament need to debate if the people have spoken? The constitutional conference started with violence, no one has been arrested and this looks like the way things will continue.

“And as a lawyer, I have never seen a constitutional amendment like our Number 19 “there shall be a prime minister called Morgan Tsvangirai.”

The evening was chaired by Herbert Ndona who waited some time for the fourth speaker, Dr Lovemore Madhuku, to arrive before opening the debate to the floor. The Mass Public Opinion Institute holds debates on the last Thursday of every month at 5.30 p.m. in the Rainbow Room of the New Ambassador Hotel in Harare. More details from www.mpoi.org.