Tiesday, 10th November 2009

Howzit

Once again, Roy Bennett is the focus of our attention as the State attempts to pin terrorism and weaponry charges on him. The fact that this case somehow makes the headlines when it would be common sense that the needs, wants and requirements of the Zimbabwean people just shows where Mugabe and his people are coming from...

"The trial on terrorism charges of Roy Bennett, a close aide of the Zimbabwean Prime Minister, Morgan Tsvangirai, began yesterday amid claims that the evidence against him was based solely on a confession of an associate made under torture.

Mr Bennett, 52, treasurer of Mr Tsvangirai’s Movement for Democratic Change and Deputy Agriculture Minister-designate, was arrested in February, hours before he was due to be sworn in, on charges of possession of weapons to commit acts of banditry, insurgency and terror which carry the death penalty.

It emerged in the Harare High Court that the evidence against Mr Bennett was based solely on a "confession" that mentioned him in an alleged plot to assassinate Mr Mugabe in 2006.

Peter Hitschmann, 52, an officially registered arms dealer, who is also a white Zimbabwean, wrote the statement after being tortured, Beatrice Mtetwa, a lawyer, said as the trial opened.

Mr Hitschmann has said previously that military intelligence interrogators burnt him on the buttocks with lighted cigarettes until he fainted from the pain. He went on trial in 2007 for treason and possession of weapons for an alleged plot to kill Mr Mugabe.

"It is unsworn and it is not even signed," Ms Mtetwa said of the confession. "This evidence does not exist." She asked the judge Chinembiri Bhunu, to censure Johannes Tomana, the Attorney-General, for citing demonstrable falsehoods as evidence."

With the loyalty of the law courts sewn up, I do not expect a judge to throw the case out, but I am hopeful that the judge will recognise the manufactured State case, and will rule in favour of Bennett when the case has been heard.

"She said that hen Mr Hitschmann found out he was to be subpoenaed to give evidence against Mr Bennett he approached a senior human rights lawyer to appeal to Mr Tomana that he had no evidence he could give against Mr Bennett.

Within hours of having written to Mr Tomana the lawyer was arrested by police at his home for "attempting to defeat the course of justice", and spent the night in a squalid police cell.

Mr Tsvangirai called on Mr Mugabe to stop the malicious prosecution. Another of Mr Tsvangirai’s constant demands over the past nine months since the inauguration of the coalition Government has been that Mr Mugabe swear in Mr Bennett as deputy minister, to no avail.

During the proceedings police brought into the court room boxes and sacks of what appeared to be ammunition and fuses, and at least one rifle - the munitions Mr Bennett was alleged to have been stockpiling."

It really is amazing that Mugabe's own Attorney-General - one of the people who's unilateral appointment has been a sticking point in the composition of the unity government - should take it upon himself to present the State case, and then attempt to parade his 'evidence' in such a brash manner.

-o00o-

More on the Bennett trial which has been adjourned until tomorrow to allow the sitting judge to make rulings...

"The high profile trial of MDC treasurer general and deputy minister designate, Roy Bennett, finally opened in the High Court in Harare Monday morning with both the state and the defence raising preliminary issues.

Bennett stands accused of possessing dangerous weapons in a bid to dethrone President Robert Mugabe. The charges carry a death sentence or life imprisonment.

During Monday’s trial, both the state, led by Attorney General Johannes Tomana and the defence counsel, led by Beatrice Mtetwa, filed applications questioning each other’s outlines.

The defence wants the state to strike off certain statements attributed to the state’s principal witness Peter Michael Hitshmann in Bennett’s indictment papers.

The defence is adamant evidence contained in Bennett’s indictment papers and attributed to statements by Hitshmann, a firearms dealer and alleged accomplice of Bennett, should be struck off the indictment papers as the latter has disowned it."

As in many legal dramas on television, in the event that Hitschmann does make it to the stand and then refuses to confirm his statements, then the State will have no choice but to declare Hitschmann a 'hostile witness'.

In my mind, it isn't whether the court agrees with the State witness, it is the fact that the 'star' State witness is probably giving evidence under duress...

"In an affidavit deposited with a Mutare Court on October 29, 2009, Hitshmann said he had given evidence implicating Bennett in the case under duress.

He said he signed statements based on false confessions induced by torture and abuse.

"As a result of the torture referred to above and involuntarily I made a number of extracural statements, which were all false and cannot be admissible in court," Hitshmann said.

"In these statements, I inter alia admitted to the conspiracy with which I was being charged and suggested that Mr Roy Bennett was also involved in the conspiracy.

"This was pure fiction and bore no relationship at all to any reality."

This case has been elaborately concocted, and it will be very interesting to see what the trial judge has to say on the matter. It is a case which hasn't just got the Zimbabwean people's interest, but has shown itself worldwide as a litmus stick test for justice in Zimbabwe.

"...Tomana is adamant the defence should be compelled to strike off its own outline and resubmit one which would be responding to Hitshmann’s claims that Bennett was an accomplice.

This was after the defence had instead submitted its outline questioning the necessity of responding to the state papers when Hitshmann subsequently placed an affidavit denying the same statements which the state based as its outline.

During the trial, Mtetwa strongly protested Tomana’s decision to proceed with the matter based on evidence which had been disowned by the state’s key witness.

"I believe that when you have an affidavit statement from a witness saying, 'There is no such evidence I can give,' an Attorney General should look into that issue seriously," Mtetwa told the court.

"The Attorney General has a record of proceedings where an accused person gave evidence on oath and was believed by the court.

"It is on that basis that we are saying he is not acting impartially. He is not discharging his duties as expected of a lawyer.

"Clearly the state cannot apply to have the accused person gagged because it does not like what is in the defence outline."

-o00o-

This is a very good point and displays, with some ease, the inconsistencies if Mugabe's egoist rule...

"Bennett later returned in January this year when the unity government was on the verge of being formed. Mugabe has refused to swear him, citing the serious charges he is facing, However, despite swearing in Finance Minister, Tendai Biti, who was facing treason charges in February, before being cleared by the courts, independent analysts, have said Mugabe is playing a racial card on the former white commercial farmer."

Why should Mugabe allow Biti to be sworn in, whilst Bennett was refused the same privelege?

Mugabe can't have it both ways - but, as with most things Zimbabwean and Mugabe, he does and gets away with it!

Since when does such inconsistency become acceptable - not only in Zimbabwe, but in the whole world?

And while we are at it. how come the loser of an election is allowed to continue ruling, together with his beaten party?

-o00o-

Don't you just love it when you read a story about how Mugabe and his minions plotted to plant weapons at an MDC house to bring down Tendai Biti, and the dozen soldiers that are supposed to hide the weapons instead leave town - with the weapons?

I love it! If it were in a book, it would have been dismissed as fanciful garbage...

"The military top brass, working in cahoots with Reserve Bank of Zimbabwe Governor Gideon Gono, have attempted to frame Finance Minister Tendai Biti for treason, authoritative MDC, government and intelligence sources have confirmed.

The plot is widely seen as either a stalling tactic or retaliation for Biti’s probe into US$45m missing from the central bank.

Biti's investigation uncovered scandal at the RBZ, including the revelation that, between December and August, Gono siphoned off US$45m from the RBZ. The money had been a statutory reserve meant to provide financial cover to banks in trouble.

Gono claims the money was used to bankroll the troubled airline, Air Zimbabwe, to pay presidential scholarships and to finance diplomatic missions. This was at a time, however, when the RBZ had failed to provide funding for salaries for the Zimbabwe Revenue Authority, pensions, communications and courier services.

Biti presented a full report on this plunder to Mugabe last week. Another report has been sent to Prime Minister Morgan Tsvangirai and Deputy Prime Minister Arthur Mutambara."

Mugabe must live in fear that most, if not all, of his illegal moves and deals are in danger of not only being proved, but given their seriousness, he should face prosecution and a lengthy jail sentence - together with quite a number of his senior loyalists and security chiefs.

Mugabe is no stranger to prison, having been held by the Rhodesians for quite a number of years. What a pity that he chose to plunder Zimbabwe and her resources instead of doing something akin to Nelson Mandela in 1994.

"An investigation by an International Monetary Fund (IMF) technical team also corroborated Biti’s findings, and said Gono had stolen US$45.5m from the RBZ.

"The RBZ has used foreign reserve assets to fund its operating expenses, withdrawals of foreign currency amounts and debt service, as well as payments on behalf of the government," the damning IMF report stated. “The total value of fund outflows is reported to have been US$45.5 million between end-December 2008 and end-August. The RBZ also accumulated US$40.3 million in arrears on operating expenses during the first nine months of 2009.”

Gono came out guns blazing, and co-ordinated a response to what he saw as Biti’s continued effort to embarrass him.

In a desperate bid to forestall the exposure, there was a contrived plot, hatched by the Joint Operations Command, which continues to meet illegally, and Gono, to frame Biti, our source said.

The Zimbabwean on Tuesday heard that the plot against Biti involved 20 AK-47 rifles, reportedly missing from the highly-secured Pomona army barracks in Borrowdale.

Authoritative sources said this week the operation was botched after armed police hurriedly raided Biti’s Chisipite home two weeks ago, before the weapons had been planted. The search uncovered nothing.

There was now a manhunt for the 12 soldiers who have disappeared with the weapons without planting them at Biti's home."

Gono is considered by Mugabe not to be a thief, although it is a known fact that he removed foreign currency from accounts he;d at the RBZ - and that money has yet to be replaced.

What I am quite staggered by, is although the IMF has proved beyond a reasonable doubt that much of Gono's activities were illegal and done with the knowledge of Robert Mugabe, there is still no call for Gono or Mugabe to face criminal charges.

"The long history of ZANU PF planting weapons and pressing charges of treason are age-old, tired tactics of the ZANU PF dictatorship, but they must know that this is a serious attack on our movement and we will not back down," Biti said then.

Now MDC Transport Manager, Pascal Gwezere, has been abducted and jailed in connection with the missing weapons.

Sources, however, say it is close to impossible to steal anything from the high-security One Engineers Support Regiment Armoury, from where the 20 Ak-47 rifles are said to have been stolen."

Mugabe has a habit of concentrating on one part of his decpetion, and then, having dragged the attention of observers in one direction, he enacted some atrocity elsewhere.

Watch this space...

-o00o-

And whilst people like Gono and Mugabe get away with the theft of monies, there are people dying of the injuries that the torture at the hands if ZANU PF have left.

"A tortured MDC activist died recently from the injuries that he sustained when he was tortured by state security agents and other supporters of President Robert Mugabe’s ZANU PF party after the elections last year.

Gift Nhidza (32), a former security officer in the MDC, died two weeks ago in Odzi - a politically-volatile area in the country’s eastern province of Manicaland.

Nhidza, popularly known as "Children", lived as a political refugee in Johannesburg’s Central Methodist Church during the past year, after fleeing several attempts on his life by Mugabe’s supporters. He returned home last month, after his already failing health had taken a turn for the worse.

Nhidza, also a former soldier, sustained horrific injuries when he was brutalised by ZANU PF torture gangs in 2008, allegedly at the instigation of then minister of transport, Christopher Mushohwe."

Mugabe and his faithful followers will not respond to this report and will remain silent on the allegations. To them Nhidza is just another MDC voter that they no longer have to worry about.

A callous and damaging attitude.

-o00o-

Take care.

'debvhu

Monday, 9th November 2009

Howzit

Foreign currency mid-rates updated.

Okay, so there was a little disruption over the last few days as I sorted out my fife medically and otherwise - and, once again, this Friday, there will be no posting as I have a commitment elsewhere in the day.

But I do believe that this is the last time for a while that I will be going AWOL...

Thanks for your understanding.

-o00o-

The sad truth about a unity government, is that there has to be common ground, common thinking and a certain amount of engagement - even if the parties that make up that unity government hate the sight of the others...

"Zimbabwean Prime Minister Morgan Tsvangirai said on Sunday he would stay in the government and challenge President Robert Mugabe's ZANU PF to implement last year's political deal in full.

Tsvangirai said last week his Movement for Democratic Change (MDC) was suspending last month's cabinet boycott, which it imposed in response to what it said was Mugabe's refusal to abide by the provisions of the agreement."

The MDC have re-engaged with ZANU PF and are relying on the SADC agreement to have the outstanding issues resolved within their timeframe. In thirty years, have we ever seen Mugabe abide by any timeframe, or any agreement?

Mugabe holds everything and everybody is disdain - and will tolerate no criticism or conditions. He never stood by his side of the Lancaster House Agreement, and nearly thirty years later, he continues with his failure to fulfill his side of any deal.

"We will not leave, our people told us that we should fight from inside. Why should we leave when we are the majority party?" said Tsvangirai in a mixture of English and vernacular.

A meeting of the Southern African Development Community in Mozambique last week gave Mugabe and Tsvangirai 15 days to resolve the issues threatening to derail the unity government, after which South Africa, which has been facilitating a rapprochement, would step in.

Tsvangirai said South African President Jacob Zuma would visit Zimbabwe after two weeks, a sign that Thabo Mbeki, the former South Africa president who helped seal the unity government deal, might no longer be involved."

SADC may have given a 15-day deadline to Tsvangirai and Mugabe - but what will they day if the deadline is not met? What threat does SADC pose if Mugabe chooses to ignore that deadline?

What will they do? What can they do?

"ZANU PF has this window of opportunity to demonstrate goodwill and that they are committed to the unity government and commit themselves to the SADC resolutions," said Tsvangirai.

Tsvangirai did not say what his party would do if Mugabe failed to meet its demands but political analysts say the two rivals have little choice but to work together to stop the improving economy from plunging back into crisis.

The MDC has accused Mugabe of being a "dishonest and unreliable partner" for refusing to implement power sharing fully, particularly regarding senior appointments such as governor of the central bank and attorney general."

-o00o-

This is much more like it. For over the last eighteen months, the MDC seemed very comfortable with the idea of participating in government - but they have never made claim to the fact that they won the election...

"Zimbabwean Prime Minister Morgan Tsvangirai said yesterday he would stay in the government and challenge President Robert Mugabe’s ZANU PF to implement last year’s political deal in full.

Tsvangirai said last week his Movement for Democratic Change (MDC) was suspending last month’s cabinet boycott, which it imposed in response to what it said was Mugabe’s refusal to abide by the provisions of the agreement.

Tsvangirai told party supporters yesterday at a rally in Chitungwiza outside Harare the boycott was a wake-up call for Mugabe not to regard his party as a junior partner in the fragile nine-month-old coalition.

"We will not leave, our people told us that we should fight from inside. Why should we leave when we are the majority party?" said Tsvangirai in a mixture of English and vernacular."

For me, this is the biggest problem in politics in Zimbabwe... Why should the party that won the election play second fiddle to the party that lost the election?

Why should the MDC be the party that struggles? Why should ZANU PF behave as if they won the election?

"The former opposition party also says ZANU PF is persecuting MDC officials and stifling media and constitutional reforms vital for the holding of free and fair elections in the next two years.

Mugabe says he has met his side of the deal and insists the MDC should campaign for the lifting of Western sanctions imposed on the ZANU PF leadership, including travel bans and a freeze on general financial aid to Zimbabwe.

"If ZANU PF thought this (cabinet boycott) was a joke, you have learnt one lesson... that you must regard the MDC as an equal partner and not a junior partner," Tsvangirai said."

I do feel that Tsvangirai is spinning his wheels - Mugabe will continue as he has over the last three decades - with total disdain and hatred...

-o00o-

Mugabe has a huge hatred for Roy Bennett and is determined to see him fall...

"The trial of MDC treasurer and deputy agriculture minister designate Roy Bennett is set to start today at the High Court, but defence lawyers want some of the charges struck off.

Bennett, who is accused of possessing weapons for the purposes of committing banditry, insurgency and terrorism - charges he denies - is currently on a US$5000 bail.

Beatrice Mtetwa, lead defence lawyer said they are going to raise some preliminary issues before the trial starts.

"The trial is expected to start tomorrow (Monday) before Justice Chinembiri Bhunu, but we are going to raise some preliminary issues before we start," Mtetwa said.

"There are issues we want to be struck off the charge sheet because we feel they are hearsay and out of order.

"The state wants to bring Michael Histchmann to testify, but we have since established that what he wants to say is different from what is recorded in his witness account.

"I am not sure if he will plead today as we want to have these issues clarified by the judge."

It is going to be a very interesting, wild ride for Bennett as the State attempts to process witness after witness with evidence against him... and all the time we know (although our knowledge will never be given a chance in court) that the State witnesses are hell-bent (on Mugabe's orders) to nail Bennett and have him thrown in prison once and for all.

"Bennett is a former white farmer who was named by Prime Minister Morgan Tsvangirai for the post of deputy agriculture minister in the country's power-sharing government.

President Robert Mugabe has refused to swear in Bennett to his ministerial post citing the charges against him.

One of the MDC’s most popular leaders, Bennett was arrested a few hours before ministers for the power-sharing government were sworn in last February accused of banditry and terrorism - charges Tsvangirai has repeatedly said are politically motivated and are undermining the unity government that he formed with Mugabe last February.

He was released on bail in March only to be rearrested last month and his detention at Mutare remand prison threw Zimbabwe’s fragile coalition government in turmoil."

When politics give way to personal feeling, we can hardly expect justice in Zimbabwe. Mugabe's instructions are to have Bennett nailed.

End of.

-o00o-

This is the sort of thing that Mugabe represents. This is why he refused to allow the UN torture investigator into the country - because had this sort of thing become common knowledge (as opposed to a public secret), then the free world would have no choice but to act to stop these despicable acts.

"MDC activist, Peter Munyanyi, 29, has finally managed to escape from his abductors after spending over six months in captivity at an unknown place.

For over six months, Munyanyi, who was among hundreds of MDC supporters who went missing following last year’s post-election violence, said he did not know where he was, after he was locked up by State security agents in a dark room without blankets, clothing or toilet facilities.

During that period, Munyanyi says he was also given very little to eat. Munyanyi, an MDC activist from Shana Village in Gutu South, Masvingo province, lived in fear everyday for those six months, not knowing whether he will ever see the outside world again let alone his wife, Jacqueline and three year-old son Malvern.

Munyanyi’s six month ordeal started on the afternoon of 13 December 2008 at Utsinda Business Centre in Gutu where he met three men driving a white singlecab CAM truck who pounced on him.

The men assaulted him and tried to force him into the vehicle.

CAM trucks were last year well known for being used in the abduction of MDC and human rights activists across the country.

"I however, managed to escape from them and ran away. One of them then started firing shots at me and when the third shot was fired I panicked and fell to the ground.

"That is when they started kicking me very hard with booted feet until I collapsed. From then on I don’t know what happened," he said."

Held for months in a cell with no bedding, no toilet facilities and very little hope for his survival - Munyanyi must have given up on any chances of escape, or ever having the ability to tell his story. The inescapable truth is that Mugabe will ignore thisd story - he has many other people being held just like this man, and he will respond to the allegations with silence.

"I never received any treatment for my broken arm and I had to use the T-shirt I was wearing when I was abducted as an arm sling. I received excruciating torture during this period," he said. Munyanyi is one of over 50 MDC supporters who were abducted mafiastyle by State security agents on false charges that they were being recruited by the MDC for military training in Botswana to topple the ZANU PF regime.

"It was a harrowing experience as I was still tortured although I was in pain with a broken arm," Munyanyi said.

He said his daily meal was a plate of sadza with salt as relish once a day while on the other hand he had no toilet facilities and no blankets.

"I would sleep on the floor and after every two weeks, I was given a bucket of water for cleaning the room since I had to relieve myself in that very room.

"However, what made my experience more worrying was that my abductors never talked to me but simply tortured me on a weekly basis without a word said," he said."

Munyanyi managed to escape when one of his captors didn't close the door properly.

I believe that this man should be able to retrace his steps and blow the cover on this wholesale abuse of human rights.

But will he?

"However, despite the ordeal I have gone through I remain an active and dedicated MDC supporter and will continue to work tirelessly for the party," he said."

-o00o-

Allow me to throw a curve ball in light of this story. Not even two days ago we read how ZANU PF, masquerading as 'government', would be seizing 51% of all foreign owned companies.

Does that mean that the people that reportedly bought the prison are obliged to cede 51% of their purchase to black businessmen - or is the prison not accepted as a 'business'?

Are the new Chinese owners not intent on turning it into a manufacturing plant?

"Harare Central prison complex which houses more one 2000 families and over 4 000 inmates has been sold to a Chinese company which plans to convert the jail into a manufacturing plant.

The prison complex is made up of Harare Remand and Central prisons, a workshop, the commissioner's mess and officers' accommodation. According to highly placed sources within the Prison Service National Headquarters who attended a meeting in Harare last Tuesday to finalise the deal, the Chinese firm has offered to build a new prison at Chikurubi farm with the process to relocate the Harare Central prison to happen over a five-year period.

The name of the Chinese firm was not yet available and it was not immediately what business the company is involved in. According to our sources, a delegation comprising heads of ZPS departments has visited the proposed new prison site to ascertain the suitability of the area. It could not be established how much the Chinese firm paid or is going to pay for the relocation of Harare Central prison to Chikurubi.

"Work has started and all senior heads of departments were on Tuesday (last week) ordered to go and scout the suggested ground on which their Stations, Sections and Departments are to be erected at Chikurubi farm which is also Prisons' property.

"We have also been ordered to put down our requirements for each department and forward them with immediate effect," said the source who also attended the meeting."

At a time when Mugabe is hoping that the country will attract more foreign investment, the idea that all foreign companies will have to be owned by locals.

I reckon that the manufacturing plant will be fronted by some Mugabe bigwig, so that the purchase can be 'legitimate'.

-o00o-

When the case of the imprisoned prosdecutor first came to light, did I not say that the whole thing will rebound in the magistrate's face?

Well - it has...

"Harare magistrate Ms Chioniso Mutongi, who recently jailed a senior prosecutor for disrespecting the court, has resigned from the bench citing alleged interference, harassment and abuse by the prosecution authority.

Ms Mutongi also alleged that the Chief Magistrate’s Office, failed to accord her the anticipated professional protection from the "attacks."

She jailed prosecutor-in-charge of Chitungwiza, Court Andrew Kumire, for five days after he sucked his teeth, producing a sound deemed to be contemptuous of the court after the magistrate sustained an objection by a defence lawyer.

This happened during the trial of Harare lawyer, Mr Alec Muchadehama, and a judges’ clerk Constance Gambara on allegations of facilitating the release of three suspected terrorists in defiance of a High Court order.

Kumire was on the same day released on US$30 bail pending review, but Justice Tedias Karwi upheld Ms Mutongi’s decision and the review failed."

When a magistrate chucks her job over the rudeness of a prosecutor, then we must realise that the authority of the court is being brought into disrepute - even though it is the magistrate that was insulted that loses in the long run.

"Justice" in Zimbabwe is a misused word. If you decide to erect your camp on the Mugabe side of the fence, then you will win - even if it is apparent that you are on the wrong side of the fence.

What a waste! What a travesty!

"Ms Mutongi, who was based at the Harare Magistrates’ Court, has quit her job "for security reasons" and accused the Chief Magistrates’ Office of failing to protect her from the alleged abuse and that it was no longer safe for her to continue working under such conditions.

In an interview with The Herald last Friday, Ms Mutongi said she had also received several threatening phone calls from anonymous callers.

"I also received threats on my phone from anonymous callers and I feel it is unsafe for me to continue working," she said.

In her resignation letter dated November 3, to the Chief Magistrate Mrs Hlekani Mwayera, Ms Mutongi said she could not continue working.

"I resign from the Ministry of Justice and Legal Affairs forthwith. My resignation has been occasioned by events that were glaringly unethical and unprofessional in the manner I ought to have discharged my duties as a magistrate without fear or favour.

"To put the event into proper perspective, your office (Chief Magistrate’s) recalls very well the unpleasant experiences I went through when I tried to impartially handle the matter of State versus Alec Muchadehama and another.

"I had a torrid time during which I was entirely abused and harassed at the hands of the State prosecution, but I did not get professional protection from this office as I reasonably anticipated.

"Further to this, I only learnt with dismay that another magistrate had granted Andrew Kumire bail pending appeal in unclear and dubious circumstances wherein I am the trial magistrate for that particular case.

"I only recused myself from handling the case of Alec Muchadehama and another and not the Kumire case. That was a misnomer.

"I do not believe that I would be able to discharge my duties as a duly trained magistrate given that level of interference," she said.

Ms Mutongi felt Kumire’s case was "a classical example of a convict walking scot-free as a beneficiary of unmitigated protection from some quarters."

"How can a person who has been committed to prison by a trial magistrate be granted bail by another magistrate who is not seized with the matter without spending even a minute in the cells?

"How can a person whose committal to prison has been confirmed by the High Court on review, be granted bail pending appeal by another magistrate when the trial magistrate has not recused herself from that particular matter?" read part of the letter."

When I worked as a prosecutor in Zimbabwean law courts in Matabeleland in the early to mid-1980s, I was aware that whilst the various magistrates that I worked with were human and not without fault, they had a job to do - as did I. And together we worked for the fulfillment of the one thing that today eludes the normal Zimbabwean - justice.

-o00o-

Take care.

'debvhu

Saturday, 7th November 2009

Howzit

It is now just after 6 on Friday evening, and because I have got things to do on Saturday morning in town, I thought that I might start the posting at least. It'll save a load of time! (Okay - the vast majority of it was done on Friday evening!)

There will be no posting tomorrow.

-o00o-

I really don't know what to think. Whilst I am full of admiration that the MDC is making a go of it with ZANU PF, I am fully aware that this is not a marriage made in heaven, so we can expect to see Mugabe go back to his same old tricks once the focus of SADC has shifted.

Then where are we?

"Zimbabwe's on-again, off-again coalition government is on again. Prime Minister Morgan Tsvangirai announced Thursday that he had suspended his "disengagement" from the powersharing government with President Robert Mugabe, adding that Mr Mugabe has 30 days to meet the outstanding issues of their global political agreement.

A meeting of regional leaders from the Southern African Development Community (SADC), convened in Mozambique to discuss the country's political crisis, called on the coalition government to settle their outstanding issues this week, a sort of hard shove to get the stalled powersharing government moving again.

Mr Tsvangirai's party, the Movement for Democratic Change, had stopped meeting with their Mugabe cabinet colleagues for two weeks after Mugabe's police detained an MDC senior leader on charges of terrorism.

Yet Zimbabwe's coalition government is reunited in name only, analysts say, and it is "unrealistic" to expect the rival parties to resolve their outstanding issues within the 30-day deadline. Like a political diamond, Mugabe - whose party controls the police, the Army, the intelligence service, the courts, the reserve bank, and most other key ministries - only hardens under pressure, and his long track record of obfuscation and his failure to resolve the outstanding issues suggests that the current crisis is only likely to deepen even further."

I repeat again, in the futile hope that someone will hear what I am saying. Why has ZANU PF got all the power when ZANU PF lost the election? Surely the holder of power should be the MDC - by virtue of the fact that the people's vote fielded them more seats in parliament than ZANU PF?

Since when does the loser of an election end up with all the power?

Is it because the President is Robert Mugabe? A man who had his people beat, abduct, arrest, torture and kill MDC members and supporters to force Tsvangirai from participating in what I believe was an unneeded second round election for President...

"Mugabe is impervious to external pressure," says Aubrey Matshiqi, a longtime political analyst for the Center for Policy Studies in Johannesburg. "ZANU PF [Mugabe's party] enjoys the advantages of a repressive Zimbabwe government, while the MDC [Tsvangirai's party] suffers from a smaller share of power."

In the absence of firm intervention - a hard-edged investigative body to determine whether free and fair elections are possible - Zimbabwe's neighbors can do little to put pressure on Mugabe, leaving the 85-year-old liberation leader free to continue to dither and govern at will, Mr Matshiqi says."

I see the re-engagement as not being fully backed by Mugabe and it will end up being just another delaying tactic.

"We have suspended our disengagement from the GPA [global political agreement] with immediate effect, and we will give President Robert Mugabe 30 days to implement the agreement on the pertinent issues we are concerned about," Tsvangirai told reporters after the regional summit.

The MDC "disengaged" from the inclusive government citing Mugabe's reluctance to address outstanding issues of the GPA, signed in September last year.

Political analysts say the time frame given by the former opposition party leader was "too short," and could further deepen the crisis when ZANU PF fails to meet the strict deadline."

-o00o-

I would suppose that some hope is better than no hope - but in this case, I am decidedly unsure. The re-engagement is all well and good - if Mugabe resolves the outstanding issues within the given time frame. But I don't see him doing anything of the kind.

Mugabe will not be subservient to either the MDC or SADC - and I fully expect him to use the 30 days to unleash more problems upon the Zimbabwean people.

"Zimbabwean Premier Morgan Tsvangirai's agreement to end his boycott of the country's unity government was welcomed in the country Friday, where many had feared a return to violence and economic chaos.

Tsvangirai's Movement for Democratic Change (MDC) has been boycotting cabinet meetings with President Robert Mugabe's ZANU PF for three weeks, arguing that ZANU PF was 'dishonest and unreliable' as a partner."

Perhaps one thing will be proven. Mugabe's reliability within the unity government will be tested to the nth degree - and all the while his progress will be charted and watched closely by SADC. Sadly, the SADC leaders brought in to oversee the re-engagement are all his friends and allies!

"It's good that he (Tsvangirai) is back. Things are not going well, life is very hard and we need him to sort the government out," Nebson Cholo, a newspaper vendor in Harare, said.

At a summit in Mozambique Thursday, a group of Southern African Development Community (SADC) leaders convinced Tsvangirai to resume working with Mugabe.

The deal hammered out by the SADC leaders gives ZANU PF and the MDC 15 days to resolve the issues that have paralysed their eight- month transitional government and 30 days to implement the solutions, the MDC said.

Tsvangirai's spokesman James Maridadi said the party was hopeful of a resolution this time because: "Unlike in the past, there is a time limit on when the negotiations are supposed to be finished."

How sad that the article given should use the words: "hammered out"...

-o00o-

We have seen the overall results of the relentless farm grab that has been going on for nine years plus. Well, this is the next intended target - foreign-owned companies.

"Zimbabwe's government has proposed that 'indigenous Zimbabweans' take 51 percent of all foreign companies including mines and banks, according to a draft law seen by Reuters Friday.

An official at the Chamber of Mines expressed surprise and concern at the proposed legislation, prepared by the Ministry of Youth Development, Indigenisation and Empowerment.

"We haven't seen the regulations but if what we've heard is true, then that's a step back. It goes against what we've been discussing with the Ministry of Mines and other ministries," the official, who declined to be named, said.

The draft regulations said indigenous Zimbabweans should hold a controlling interest in each foreign-owned business with an asset value above $500,000."

Having repossessed, stripped and ruined the agricultural sector of Zimbabwe, Mugabe has to put a new target in front of his war veterans, his militia and senior loyalists. Money doesn't grow on trees, y'know!

I expect the firm grab to be just as ruthless, just as violent and just as destructive as the land grab.

Mugabe is not going to hold back to reason, he is not going to negotiate or discuss with anyone - companies will just be taken. Full stop.

This reads very similar to the NAZI occupation during WWII. doesn't it - and I have no doubt that it is meant to. The threat is supposed to strike fear into the normal man.

"Zimbabwe passed an Indigenisation and Economic Empowerment law in 2007, which seeks to transfer control of all firms - including mines and banks - to black Zimbabweans.

Analysts believe that this would unsettle investors and could further damage an economy already ravaged by the collapse of commercial agriculture following President Robert Mugabe's seizure of white-owned farms since 2000."

When the new law refers to 'black Zimbabwean' it is not stated, but inferred through the land grab that those 'black Zimbabweans' would be ZANU PF senior loyalists - no one else.

I fully expect that the firm grab will result in the total decimation of Zimbabwe.

-o00o-

I am sad that this ruling has been made - but, as per most things Zimbabwean, the knife was already in and being twisted.

"Digby Nesbit, a Chiredzi commercial farmer and businessman, was on Wednesday ordered to leave his farm by November 22 after he was convicted of failing to vacate his Crocodile Farm.

The farm was acquired by the government for resettlement.

The farmer was also ordered to pay a fine of US$200 or serve 10 days in prison for the same offence.

In a 150-page judgement, magistrate Enias Magate also advised Nesbit to remove his 8000 crocodiles from the property by February 15."

This ruling will lead to the war veterans - and the police officer that has forcibly come to live in the farmhouse - to begin sustained theft of Nesbit's property, if, indeed, any of it is left on the farm. Perhaps it is a good thing that crocodiles are inherently vicious - although they are not bulletproof.

But where do you rehouse 8000 crocodiles?

"Magate, who is a beneficiary of President Robert Mugabe’s controversial land reform programme, said that the law was very clear on government acquired properties. He said that once a farm has been acquired by government the owner should leave the property to pave the way for the new beneficiaries.

Nesbit was popular for assisting the local community of Chiredzi, prompting senior ZANU PF officials, including politburo members, to strongly oppose his eviction.

During the three-month long trial, ZANU PF members openly told the court that they were against the farmers’ eviction adding that as political leaders they had agreed that productive farmers such as Nesbit should be spared from eviction."

Despite the attempt to stave off the eviction, Mugabe's new laws have prevailed - and a grave injustice continues.

"One of the witnesses, Selina Pote, a ZANU PF politburo member, told the court that she was shocked to hear that anyone would want to evict Nesbit.

“We agreed as political leaders that productive white farmers like Nesbit should stay put because they are of benefit to the nation,” Pote told the court during trial.

Other ZANU PF members who also testified in support of Nesbit are former governor Willard Chiwewe, and politburo member Dzikamai Mavhaire.

Nesbit told the court during trial that he would only move out of the farm if he was paid compensation to the tune of US$20 million for the developments he made on the property."

But when Mugabe's 'law courts' speak, it is left to the fractious ZANU PF war veterans to ensure that the eviction is duly completed.

My heart goes out to Digby and his wife, Jess.

-o00o-

If the story above doesn't underline the chaos that rules Zimbabwe, then this story should convince you.

This case has seen a senior member of Mugabe's party subpoenaed, fail to attend court, have a warrant of arrest issued - and nothing further happen.

The army chief and the police chief are also caught up in the case - having failed to obey an earlier court order which instructed them to discipline the army officer who was attempting to evict the white commercial farmer.

"A white Zimbabwean farmer on Thursday asked the High Court to convict one of the country’s top army brigadiers of contempt of court for disobeying several orders to let the farmer collect his property from a farm the officer has invaded.

Judge President Rita Makarau postponed the application by farmer Charles Lock to November 16 to allow Brigadier Justine Mujaji time to file opposing papers.

Mujaji several weeks ago invaded Lock’s Karori farm in the eastern Manicaland province and deployed armed soldiers at the farm who have prevented Lock and court messengers from entering the property to retrieve crops and other personal belonging of the farmer.

Lock’s lawyer, Happias Zhou, told ZimOnline: "The judge (Justice Makarau) will hear oral evidence during the week beginning the 16th of November. We filed further affidavits to update the court as to what is happening since our last appearances. The other side did not have time to respond to our further affidavits.

"The judge was of the view that it was not going to be easy to determine the matter on the affidavits. So she will need to hear oral evidence. My client did not get access to all the equipment and crops. So the further affidavits are to show that contempt is continuing."

No amount of affidavits or evidence is going to swing the ultimate decision of the court.

If evidence and testimony by ZANU PF politburo membrrs was not enough to prevent the eviction of Digby nesbit, then what of the disobedience of court orders by Mujaji?

Lock will be very lucky to recover any of his personal equipment remaining on the farm.

"Top security commanders and senior members of President Robert Mugabe’s ZANU PF party have grabbed more land from whites in recent months ignoring pleas by Prime Minister Morgan Tsvangirai to stop farm seizures.

A letter by Tsvangirai last month to Defence Minister Emmerson Mnangagwa to stop Mujaji - Zimbabwe Defence Forces director general of planning and programmes - from invading Lock’s farm has been ignored the same way many other countless calls by the Premier for law and order on farms have gone unheeded."

'Law' only exists for ZANU PF members and 'order' left the country a very long time ago.

-o00o-

I don't have much to say for the efforts of the so-called Kimberley Process...

"The Kimberley Process, the body charged with halting the trade in blood diamonds, was criticised yesterday for failing to add Zimbabwean gems to its proscribed list.

At a meeting in Namibia the diamond producers, governments and human rights groups that make up the process agreed instead on an “action plan” to monitor stones from the Marange field in eastern Zimbabwe.

The move came despite a confidential report from the Kimberley Process investigators which called for Zimbabwe’s suspension, claiming that the Zimbabwean army "coordinated and conducted an illegal mining and smuggling operation," and that its soldiers had murdered, raped and tortured, to force illegal diggers there to excavate stones for them.

The report said that Mr Mugabe’s officials were aware of the "extreme violence" and smuggling and had lied to investigators about the situation.

The plan of action "does not address the militarisation of Marange," said Annie Dunnebacke, a campaigner for Global Witness, which has helped expose the abuses there since 2008 when the military took control."

With all the evidence you accumulated, you failed to act upon your own findings, and fail to protect not only the diamond markets, but fail to protect the Zimbabwean people as a whole.

Absolutely pathetic!

-o00o-

Just last week there ws an article about failed asylum seekers being offered a small amount of cash and other assistance to encourage them to return to Zimbabwe.

Now this...

"The United Kingdom Border Agency has suspended scheduled deportation flights for failed Zimbabwean asylum seekers, following strong protestations by the MDC-UK.

A high powered delegation of the MDC, led by chairman Jonathan Chawora, held a marathon meeting in London with officials from the UK border agency on Thursday, where it was agreed to suspend the deportations.

Jaison Matewu, the organizing secretary and one of the delegates to the talks, told SW Radio Africa that they managed to convince the British officials that the situation in the country was still volatile.

"I can confirm that following our meeting yesterday (Thursday) the deportation of Zimbabweans has been suspended until further notice.

We will meet again with the officials in January 2010 to review the situation but we are happy that for now we’ve managed to resolve this crisis," Matewu said."

It doesn't say very much for the situation in Zimbabwe if the deportations have been suspended. I don't suppose that the recent disengagement between the MDC and ZANU PF has helped... but that a decision has now been made, I am grateful.

"We went there (Home Office) representing all Zimbabweans, not necessarily our members or activists only. We have people who claim asylum based on political, economic and humanitarian grounds.

So we told the Home Office the situation is not yet ideal for any Zimbabwean to be deported because of the renewed surge in violence perpetrated by ZANU PF,’ Matewu added.

The MDC-UK was part of a growing list of organisations in the UK who criticised the planned deportations of failed asylum seekers by the British government. They said such a move was counter-productive and would cause stress among the Zimbabwean community."

-o00o-

If ever you wanted proof that Mugabe has not got a compassionate bone in his body, then this story should help with you making a decision...

"A 79 year old widow has been given a month to vacate her dairy farm and home of 50 years, or face a jail term, after she was convicted earlier this year for failing to vacate her farm.

Hester Theron, who runs a local dairy farm in Beatrice, was sentenced on Friday under the Gazetted Land (Consequential Provisions) Act, for refusing to leave the land that has been her home since the late fifties. She was sentenced to three months behind bars, suspended for five years on condition that she vacates the farm by 8 December 2009.

The news comes as more concern has been raised about the escalation of violence on commercial farms across the country, as the state sponsored offensive to conclude the so called land 'reform' program continues to gather momentum. The president of the Commercial Farmers Union (CFU) Deon Theron, who is also Hester Theron’s son, told SW Radio Africa on Friday that he is shocked by how his mother was treated by the courts, calling her suspended sentence ‘ridiculous’.

Theron had earlier in the day told a press conference about his organisation’s concern, listing the various atrocities that have been and are still being committed on farms. Many farmers and their workers have been assaulted, had their belongings seized and stolen, and been forced to watch as their homes and workers villages have been burnt to the ground.

Most recently, five workers from Louis Fick’s Friedawil farm in Chinhoyi were shot and wounded by a man working for Deputy Reserve Bank governor, Edward Mashiringwani. Mashiringwani, who has led a campaign of harassment and intimidation against Fick and his staff for several months, in complete violation of the SADC ruling meant to protect the land. Mashiringwani’s hired thugs have also prevented the remaining farm staff from feeding or watering the numerous pigs and crocodiles on the farm, in an extreme act of animal cruelty meant to force Fick to give up the farm."

This lady is 79 years old! Does this not count for anything? I am not suggesting that her age should excuse her 'transgressions', but what is to be gained by bullying an elderly lady off her land?

This story proves to me that without a shadow of a doubt, Mugabe is intent on ensuring that not one white commercial farmer will remain on any land in Zimbabwe.

(Well, maybe just one will remain, but thousands of words have been written about the regretable Billy Reutenbach...)

"Theron also described the plight of the country’s thousands of farm workers, who are also under constant threat, explaining that "when the farmer is not present, the attorney general’s office frequently targets the employees." A significant number of workers have been prosecuted and even imprisoned, often for trying to defend their employers land from invasions.

Over 60 thousand farm workers have lost their jobs this year alone, as a result of the renewed land grab campaign. This has all resulted in farms being unable to produce desperately needed food for a food-insecure nation, heavily dependent for the last decade on food aid.

At the same time over 150 productive farmers have recently been targeted and prosecuted by the attorney general’s office for still being on their farms. In addition to these illegal prosecutions, various well-connected beneficiaries of ‘offer letters’ have been taking the law into their own hands and farming operations continue to be violently disrupted."

And Mugabe continues to sell the land appropriation to the free world as the return of the land to the 'landless blacks' - perpetuates the lie by announcing that Zimbabwe is heading for a bumper harvest, whilst more than half of the population are relying upon food hand-outs to survive.

"Meanwhile, farmer Charles Lock, whose Karori farm has been seized by Brigadier General Justin Mujaji and his personal army of soldiers, has this week appealed to the High Court to have the top army official arrested and convicted. Mujaji, who is related by marriage to Justice Minister Patrick Chinamasa, has plundered and looted the farm in contravention of numerous court orders against him. Lock has not been allowed on the property for several weeks, despite more court orders in his favour, meant to allow him to collect his equipment and produce still on the farm.

But Mujaji has not allowed a single court messenger or police official onto the farm, and has previously threatened to shoot various messengers from the courts. Lock has now sought the conviction order from the High Court, although his application has been postponed until next week to allow Mujaji time to respond."

-o00o-

Take care.

'debvhu

Thursday, 5th November 2009

Howzit

Just a quick reminder that there will be no posting tomorrow as I have an early appointment at the hospital on the other side of the city (they're taking the stitches out and checking the wounds...) - and on Sunday this weekend there will be no posting as I am involved with the Remembrance Sunday ceremony at the local cenotaph.

Thanks for understanding.

-o00o-

"Robert Mugabe is not happy about the intervention of the SADC in the crisis in Zimbabwe because he says Zimbabweans are "grown ups" and "intelligent" enough to deal with their own problems.

However, he will attend a special summit of the SADC’s organ on defence and security, which meets in Mozambique tomorrow in a bid to save Zimbabwe’s shaky coalition government from collapse.

The SADC last week dispatched a ministerial taskforce to Zimbabwe to review the country’s unity government after Tsvangirai partially disengaged from it more than two weeks ago in protest at what he called Mugabe’s intransigence."

Of course Mugabe is upset! But if he treated the Zimbabwean people as "grown ups" and "intelligent" enough, then he would know that they no longer want ZANU PF to rule the roost. He would also be aware that his party lost the election last year and that the time to move along has arrived.

He is also sore at the realisation that SADC has finally worked out that it is his reluctance to hand over power that is the major obstacle in the Zimbabwean peace process.

"Yesterday he was quoted by the state media as saying: "He (Kabila) will, however, know that we are grown-ups and an intelligent people who know that we went into the agreement knowing that there will be handicaps to be met and we need to sit down and discuss the problems."

Kabila later met separately with Prime Minister Morgan Tsvangirai and Deputy Prime Minister Arthur Mutambara for about an hour.

Tsvangirai said he was confident the regional body would be able to break the impasse that threatens to collapse Zimbabwe’s coalition government."

The simple truth is that Mugabe bullied his way back into the top office and that ZANU PF refuse to become the 'opposition party' to the MDC. What part about ZANU PF losing the general election last year did Mugabe misunderstand?

"The SADC chairman assured the prime minister that the SADC Troika on defence and security should be able to thrash out the sticky issues of the Global Political Agreement," Maridadi said."

-o00o-

Too much, too little, too late.

It is now more than eighteen months since ZANU PF lost the general election in Zimbabwe - and they are yet to hand over any real power to the MDC, who won the election - albeit by a very slim margin.

SADC are very slow to react, and I believe that any corrective measures agreed in Maputu will be ignored by Mugabe as soon as he arrives back in Zimbabwe - and the roundabout ride will continue...

"A spokesman for Zimbabwean Prime Minister Morgan Tsvangirai says he holds high hopes for today's scheduled summit of SADC leaders in Maputo.

Heads of state of the Southern African Development Community Troika countries are making yet another attempt to help resolve the political crisis in Zimbabwe.

James Maridadi said that full implementation of the Global Political Agreement remains the core issue before today's summit.

"The MDC is saying let us implement what we agreed on and let us also observe what is contained in the communiqué of January 2009. Only then can the inclusive government start functioning properly," Maridadi said.

Maridadi said he finds it comforting SADC views the implementation issue as key to any resolution of the crisis.

"The most consoling thing is that the SADC (has) realized the need to implement the Global Political Agreement in full and the need to observe the SADC communiqué of January 2009 as the basis for negotiations," he said."

Mugabe may be upset with the SADC conference in Maputu, but then again, Mugabe is unhappy with anything that does not allow him to have his own way.

He will behave as if he has done nothing wrong, but will be unwilling to hand any kind of power over to the MDC. Anything that he does agree on will be ignored or given just enough attention to so that SADC are of the belief that he is trying.

But he will only do the 'acceptable minimum'.

"The MDC spokesman credited the sub-regional body for handling the Zimbabwean crisis with a sense of urgency.

"The fact that the ministerial committee on Troika came to Zimbabwe soon after the visit by the prime minister (Tsvangirai)… and barely a week later we have a SADC summit.

To me, it is a positive sign that SADC is taking this issue seriously and they are giving it the urgency that it deserves and I cannot wish for more," Maridadi said."

Although Mugabe is reportedly 'unhappy' with the conference on Zimbabwe, he will play their game - and then revert to type immediately thereafter.

-o00o-

When you have the President of Zimbabwe lying to the entire world, what difference does it make that their members and supporters should perpetuate the lie to villagers?

"ZANU PF has been misinforming villagers about the implications of MDC disengagement from the inclusive government, to win back lost support among the electorate.

War veterans and ZANU PF militia have told rural communities that, Prime Minister Morgan Tsvangirai and the MDC have resigned from the inclusive government and that ZANU PF was going it alone. The falsehoods are intended to create despondency among MDC supporters.

“ZANU PF youths are moving around villages warning people that, since the MDC no longer work together with President Mugabe, the political situation has returned to that prevailing before the Global Political Agreement, GPA, was signed in September last year. We are told that Morgan Tsvangirai has ceased to be prime minister and MDC cabinet ministers no longer hold public offices," said a villager last Friday. The man added that, traditional leaders had resumed threatening suspected MDC supporters with evictions."

When Mugabe is in fear of the GNU collapsing, do we really expect anything different from the war veterans? No!

It suits ZANU PF that the two parties have disengaged, because Mugabe can then effect all manner of changes within the government without having the MDC peering over their shoulder all the time.

Disinformation and misinformation is the name of the game for Mugabe right. It was in the past and still remains so today.

-o00o-

The allegations against various members of the MDC become more and more fanciful as more and more members are arrested.

I would have thought that the clue was in the name of the MDC. The Movement for Democratic Change. Not armed. Not violent. Not unconstitutional.

"An MDC-T activist was last week arrested for allegedly conniving with some soldiers to break into an armoury at Pomona Barracks and stealing 20 rifles and a shotgun.

Pasco Gwezere (36) is also being accused of undergoing military training in Uganda to destabilise the Government.

He appeared at the Harare Magistrates’ Courts on Saturday. Gwezere was not formally charged when he appeared before magistrate Mr Munamato Mutevedzi who remanded him in custody to November 13.

He was advised to apply for bail at the High Court, which has jurisdiction to deal with such serious charges.

Defence lawyer Mr Alec Muchadehama of Mbidzo Muchade-hama and Makoni submitted before the court that his client had been assaulted while in police custody."

Not that long ago the High Court had ordered a stay of prosecution from Jestina Mukoko who was accused, amongst other things, of recruiting people to train in banditry in Botswana. In this new case, the same allegations are against him, except that it allegedly dates back 10 years and the training was supposedly in Uganda...

Mugabe is very good at using the same ruse time and time again, just changing the basics so that they appear new and, as yet, unchallenged.

If there was banditry training in Uganda, do you not think that the Ugandan government would have been aware of it?

"Gwezere is alleged to have teamed up with one Getrude and some soldiers who are still at large and broke into the armoury to steal the weapons.

The incident occurred on the night of October 20 this year, when the gang went to Pomona Barracks.

It is the State’s case that they went to One Engineers Support Regiment Armoury where they cut the hinges of a screen door before using an iron bar to break into the building.

They allegedly stole 20 AK rifles and a shotgun, which they took to an unknown destination.

Three days later, detectives from the Law and Order section received information that Gwezere masterminded the theft.

Gwezere was arrested and it is the State’s contention that the informers are ready to testify against him in the trial."

Earlier this week a report stated that twelve soldiers had perished whilst under interrogation for their alleged part in the theft of the weapons. I don't suppose that there will be any charges preferred against the killers - nor will the families of the dead soldiers be given the information as to how they died, nor where their bodies are buried.

-o00o-

Zimbabwe has often been described as having the worst economy of a country not at war. And we all seem to accept that description.

But if the truth be known, Zimbabwe is at war.

Mugabe's ZANU PF is at war with the people of the country. He will deny that - but the facts speak for themselves.

"A leading Regional think-tank has warned SADC leaders of the impact of their failure to find lasting solution to the Zimbabwean crisis at the Maputo Summit on Thursday.

In a statement released to the media Open Society Initiative for Southern Africa (OSISA), warned the Southern African Development Community (SADC) that if it does not act urgently to halt increasing militarisation in Zimbabwe and secure effective implementation of the GPA, there is a serious risk that Zimbabwe will slide back to the crisis levels of 2008, devolve into further widespread violence and that real gains - in health and education - will be lost.

Ahead of the emergency summit on Zimbabwe of the SADC Security Organ, the Open Society Initiative for Southern Africa (OSISA) calls on SADC , as the lynchpin to the survival of the GPA and future progress, to adopt a new approach on Zimbabwe."

The think-tank warns that the country may slide into a civil war.

Who's idea was it to call a war "civil"?

"Oversight of the GPA can’t rest with the parties themselves," says Sisonke Msimang, executive director of OSISA. "The parties have shown themselves unable to effectively address differences relating to the GPA. That’s been made clear by the most recent deadlock. SADC, as guarantor of the agreement, must now put in place mechanisms for effective oversight."

Amid credible reports of increasingly military build-up in Zimbabwe, particularly in the Mashonaland provinces - where political violence has traditionally generated - OSISA also calls for the immediate deployment of a smaller, ad-hoc delegation to monitor and report on incidents of political violence in Zimbabwe.

Says Msimang: "Despite the horrific levels of violence in 2008, we know that outside observers acted as a deterrent and saved lives. If there is to be no return to the brutality of 2008, that delegation needs to be put on the ground now."

No matter what measures SADC calls for - and even if those measures include observer groups - Mugabe will stop their entry into Zimbabwe... just as he stopped the United Nations torture investigator's entry a few days ago...

"If the GPA can’t be rescued, it will be a colossal failure for SADC," says Msimang. "The proposals OSISA has made are ambitious, but there is ample precedent for them and they’re in line with observer missions that have been deployed in the past - for instance, the UN Observer Mission in South Africa from 1992 to 1994. If SADC doesn’t alter its approach, there is the real prospect of a return to crisis and more suffering for Zimbabweans."

-o00o-

Take care.

'debvhu

Wednesday, 4th November 2009

Howzit

Foreign currency mid-rates updated.

-o00o-

Oh wow! Deputy Prime Minister Arthur Mutambara has stated that Mugabe would be a rebel if the unity government collapses...

Is this the best that he has got? Hasn't he got anything a little more meaty to say about Mugabe's reluctance to toe the line?

"Deputy Prime Minister Professor Mutambara told journalists soon after meeting SADC chairman Democratic Republic of Congo President Joseph Kabila in Harare on Monday. He said Mugabe is only president of Zimbabwe because of the GPA and in its absence he seizes to be one.

"Mugabe should not get carried away. (Usakanganwe chezuro ngehope) You are president of Zimbabwe because of the GPA and if the GPA collapses you are a rebel, if you loose recognition from SADC and AU you are on your own," Mutambara said. Zimbabwe’s inclusive government is on a brink of collapse following the partial withdrawal of the MDC-T from official government duties as a result of the failure to implement the full GPA."

I thought that Mugabe was on his own anyway because he has failed to live up to his side of the signed agreement - but I cannot believe that Mutambara only has this to say...

Pathetic!

And, in the event that the GPA collapses, Mugabe will continue - with the assistance of his various minions - to hold the office of President of Zimbabwe.

-o00o-

The only problem I have with what Tsvangirai has had to say is that it was Mugabe that helped Kabila's father to power in the DRC and whilst Mugabe enriched himself en route, I have to question the bias of Joseph Kabila.

But I may yet be proved wrong.

"Prime Minister Morgan Tsvangirai has said he got assurances from SADC chairman Joseph Kabila that the region was committed to see full implementation of Zimbabwe's power-sharing agreement.

"He gave me assurances that SADC is committed to see this country move forward (and) to make sure that the train is back on the rail," Tsvangirai told reporters after meeting Kabila on Monday night.

Kabila, who is the President of the Democratic Republic of Congo (DRC), met the Zimbabwean Premier after the SADC chairman’s five-hour afternoon meeting with Mugabe.

"There is common cause that the GPA must be fulfilled, it's a question of how to implement it," said Tsvangirai.

Zimbabwe’s nine-month-old unity government that the SADC helped set up was plunged into its worst crisis when Tsvangirai and his MDC-T party announced more than two weeks ago that they were boycotting Cabinet meetings to protest President Robert Mugabe’s failure to fully implement a power-sharing pact - Global Political Agreement (GPA) - that established the coalition government."

I do note that Tsvangirai says that SADC is 'committed' to solving the impasse, but much more than that has not been promised. Y'see, Mugabe has a habit of agreeing on one thing, and proceeding with something else entirely.

And by the time that he has done whatever, it is again too late for SADC, the AU or even the UN to do anything.

Mugabe believes that possession is 90% of the law.

"Kabila’s visit comes two days after a ministerial team from the regional bloc’s politics, defence and security organ - also known as the Troika - completed a fact-finding mission on the inclusive government.

The Troika, chaired by Mozambican President Armando Guebuza with Zambia’s President Rupiah Banda his deputy and Swaziland’s King Mswati the third member, is set to meet in Maputo, Mozambique on Thursday to discuss Zimbabwe’s troubled coalition government.

South Africa attends the Troika’s meetings on Zimbabwe as mediator in the crisis."

I find it questionable that the members of the Troika are all Mugabe sympathisers.

"They have to move and if this fails then there is need for an extraordinary summit of heads of states."

Mugabe’s ZANU PF party and Tsvangirai’s MDC remain deadlocked over key appointments while the MDC also accuses ZANU PF of engaging in a campaign to persecute its supporters."

-o00o-

Mugabe and his band of merry men never miss an opportunity. It's like he has given the green light to all his people to exercise influence and threats over anybody that is involved with the containment of any of Mugabe's interests.

"The member states of the Kimberley Process (KP), the system set up to regulate the diamond trade, had been expected to use this week's meeting to impose an export ban on Zimbabwe after clear evidence of gross human rights abuses at its diamond fields.

However, campaigners now fear that Zimbabwe will be let off in a move that could permanently damage the credibility of what was a groundbreaking effort to break the link between gems and violent conflict in Africa.

The tactics employed by Harare have included attempts to intimidate Farai Maguwu, a campaigner from the mining district in eastern Zimbabwe, who travelled to the Windhoek summit to give evidence. Mr Maguwu, who runs the Centre for Research and Development in Mutare, said he has been followed since leaving the country and threatened by senior officials.

"My presence here didn't go down too well with them and they've had me followed," he told The Independent by telephone from the summit. "Even now when I'm speaking they are pushing closer to try and hear what I'm saying."

The diamond fields in Zimbabwe are a source of huge finance for Mugabe - and instead of the money going to the State and used to rebuild the shattered country, it has been re-channelled to fill the personal coffers of Mugabe and his senior loyalists.

A ban of diamond trade would leave Mugabe high and dry - although I have no doubt that he has the infrastructure to continuing dealing in the precious gem, albeit illegally.

"There are strong people making money out of diamonds and they want to silence me," said Mr Maguwu. The researcher was summoned to a meeting with Zimbabwe's ambassador to Namibia on Monday where he says he faced hysterical accusations.

"He was screaming at me and calling me names, saying I was trying to please white people, saying I don't love my country... He's paid by the people who are looting our country. No one's paying me to be here," said Mr Maguwu."

I said this last week, and the week before.

Since when does the colour of one's skin mean anything when all that is required is for the system not to be abused?

-o00o-

Staying with diamonds...

"Mines Minister Obert Mpofu has shocked international government delegations and rights groups by threatening NGOs and an international diamond review mission, who have reported on widespread human rights abuses at the Chiadzwa diamond fields.

Mpofu was speaking in Namibia where the Kimberley Process, the international body tasked with ending the global trade in conflict diamonds, is holding its annual meeting. The meeting is set to decide Zimbabwe’s future participation in the global diamond trade market, after a recent Kimberley Process review mission to Zimbabwe recommended the country be banned over gross human rights violations at the Chiadzwa diamond fields. Numerous NGOs and human rights groups have also voiced their support for Zimbabwe to be banned because of rampant and ongoing rights violations at the diamond fields.

As a result, the NGOs as well as the Kimberley Process review mission, came under attack by Mpofu on Tuesday, where he called them ‘deranged and requiring psychological examination’. A source in Namibia explained Mpofu has angered many government delegations gathered for the Kimberley Process meeting, including the Canadian delegation, which has apparently publicly condemned Mpofu’s conduct. It is understood that Mpofu was also snubbed by a noted Greenpeace activist who the minister co chaired a panel discussion with.

Our source explained that the Greenpeace official refused to shake Mpofu’s hand, saying he "would not shake hands with dishonest people."

This is becoming a habit of Mugabe-ites. Not long ago Patrick Chinamasa called the SADC tribunal and 'illegal' body, and another of Mugabe's minister's, Didymus Mutasa, berated a magistrate for issuing a warrant for his arrest. He subsequently denied any knowledge.

Mpofu's reaction is more of the same and comes from spending too long near the likes of Robert Mugabe who invents his own truths to suit the situation.

"Human Rights Watch has also echoed calls for urgent action on Zimbabwe by the Kimberley Process, detailing in a new report that the military grip of Chiadzwa has intensified. Following an investigation to Chiadzwa last month, the group explained that "elements of the Zimbabwean Defence Forces have consolidated their presence in the diamond fields and that they are abusing members of the local community and engaging in widespread diamond smuggling."

Tiseke Kasambala, Africa researcher with the rights group, told SW Radio Africa on Tuesday that urgent action is critical to prevent the ongoing abuses at the diamond fields.

"Zimbabwe has had more than enough time to put a halt to the human rights abuses and smuggling at Chiadzwa," Kasambala said. "The situation there cannot be allowed to continue any longer."

-o00o-

The handling of legal matters in Zimbabwe sometimes beggars belief!

"Mordecai Mahlangu, the lawyer representing Peter Michael Hitschman, a key witness in the trial of MDC treasurer-general Roy Bennett, was yesterday hauled before the courts to answer to charges of interfering with the course of justice.

Mahlangu spent Monday night behind bars. He stands accused of writing a letter to the Attorney General’s office purporting to be Hitschman. In the letter Mahlangu is said to have written that he would not testify in Bennett’s case because the evidence that the state recorded was obtained through torture.

Mahlangu appeared at the Harare magistrates Court on Tuesday afternoon and was remanded out of custody on bail of US$100.

"It is by consent that I grant Mordecai Mahlangu bail of US$100 on condition that he continues residing at his given address until the matter is finalised," said the presiding magistrate Munamato Mutevedzi."

In real terms, all that the ZANU PF bigwigs need to do, is to hold this case on remand until after the end of Bennett's case - thereby denying the lawyer any part in the case.

The State wants to use the convicted and time-served Mutare firearms dealer to give evidence against Roy Bennett. Hitschmann has stated publicly that he will not be giving evidence in the case.

"The State also alleges that Mahlangu stated in the letter that Hitschmann was not in a position to testify in the Roy Bennett case," said Ncube.

Mahlangu is also accused of preparing an affidavit on behalf of Hitschmann and forcing him to sign "dissociating himself from giving evidence"."

As usual, when it comes to justice in Zimbabwe, there is a cloud of corruption, intimidation and oppression coming from the State/ZANU PF side, whilst simple law-abiding citizens find themselves in for the long haul.

"Apart from Hitschmann, the state has lined up Ronald Muderedzwa, the former police officer commanding Manicaland Province, Michael Joseph Nyakatama, a Central Intelligence Organisation agent, Sipho James Makore and Arnold Zorodzai Dhliwayo, both police officers, Francis Cole a firearms specialist with the Central Investigations Department (CID) and Panganai Mugejo who works for the defence ministry. There are other witnesses."

-o00o-

Take care.

'debvhu

Tuesday, 3rd November 2009

Howzit

If ever we wanted to upset Mugabe, then all we need is a court case to go against ZANU PF, and also for one of his 'victories' to be quashed by a foreign government. Today this has happened...

"Youth Development, Indigenisation and Empowerment Deputy Minister Thamsanqa Mahlangu, his personal aide and two other women accused of stealing Cde Joseph Chinotimba’s cellphone, were yesterday cleared of the charges.

This comes as Bikita West legislator Heya Shoko, who was facing charges of abusing Government subsidised inputs, was also acquitted at the close of the State case.

Mahlangu, Malvern Chadamoyo, the women - Geraldine Phiri and Patience Nyoni - were found not guilty of theft charges by Harare magistrate Mr Kudakwashe Jarabini for lack of incriminating evidence."

I do note that this article, which appeared in the ZANU PF-driven Herald newspaper obviously upset the writer or the webmaster as the article just stops half way through a sentence...

"Acquitting the four, Mr Jarabini said the State had dismally failed to prove a case against them and that they were entitled to an acquittal.

"The State failed to prove its case beyond reasonable doubt... The court finds them not guilty hence the accused persons are entitled to an acquittal," he said.

He said the State’s case was riddled with inconsistencies with some witnesses contradicting themselves. Mr Jarabini said the evidence adduced in court did not prove that Deputy Minister Mahlangu and his aide meant to permanently deprive Cde Chinotimba of his mobile phone.

"It cannot be disputed that accused 3 (Mahlangu) told accused 4 (Chadamoyo) to return it to the organisers, no evidence was led to rebut that assertion," he said."

We now wait to see if Chinotimba's civil suit for US$19,5 million can hold any water. Chinotimba's case is basically that he lost business in the few days that the phone was out of his possession.

I sincerely hope that any magistrate hearing the civil suit demands a breakdown of the monies being sued for as the asking figure is truly astronomical...

-o00o-

Simon Mann was arrested at Harare Airport with numerous other mercenaries en route to Equatorial Guinea to overthrow the President there.

He then spent some four years in Chikurubi, and then was extradited to Equatorial Guinea where he was sentenced to 34 years imprisonment.

"British soldier Simon Mann, sentenced to 34 years for a coup plot in Equatorial Guinea, has been pardoned, UK newspaper reports say.

Mann, who was sentenced in July 2008, admitted conspiring to oust President Teodoro Obiang Nguema during his trial.

The former special forces officer apologised, saying he was not the most senior coup plotter.

The Foreign Office said it was aware of reports of Mann's proposed release and was seeking to clarify the situation."

Whilst I appreciate the possibility/probability of Mann's release, my focus is slightly elsewhere.

What happened to the aircraft that was forfeited to the State in Zimbabwe? Has it actually entered service in Air Zimbabwe colours, or is Mugabe using it as a standby vehicle to flee the country in the event of an uprising?

I know that the 'plane has been kept airworthy, and am a little confused as to why it hasn't been used by the national carrier - or, indeed, as a Presidential plane for him to flit around the world instead of him commandeering scheduled aircraft.

"Mann was held in 2004 with 64 others in Zimbabwe before being extradited.

His extradition came after he had served four years in prison in Zimbabwe for trying to purchase weapons without a licence.

Equatorial Guinea, an oil-rich former Spanish colony, has been ruled by President Obiang since he seized power from his uncle in 1979.

Mann's lawyer had asked for leniency, saying his client was a pawn of powerful international businessmen and he had been "not a co-author" of the coup plot but "an accomplice"."

-o00o-

The confusion in Zimbabwe is reflected in the heavy-handed handling of political violence by the Mugbe police and army and his secret police, the Central Intelligence Organisation.

Five workers get shot by invaders, and then six workers are arrested for inciting violence!

"At least six farm workers are being held at Chinhoyi police station on charges of inciting public violence, in the aftermath of attacks at the hands of land invaders on a farm.

The six workers were arrested the day after five of their colleagues were shot and wounded by a man believed to be an employee of the deputy Reserve Bank governor Edward Mashiringwani. Mashiringwani has for months led a campaign of intimidation against Friedawil farm’s legal owner Louis Fick, and several weeks ago moved on to the farm with 15 armed guards, forcing Fick and most of his staff to leave. Fick, who now no longer has access to his land, has been trying in vain to secure a court order for his land to be returned to him.

Much of his staff meanwhile, who have stayed on to try and keep the farm’s numerous animals fed and watered, have faced increasing intimidation and violence. The thugs on the land have repeatedly used tactics of extreme cruelty against the farm’s pigs and crocodiles to try and force Fick to give up the farm. The animals have been left to go hungry and thirsty, and it’s understood water on the property was this weekend deliberately shut off, all in an attempt to force Fick to give up his land to Mashiringwani."

I state again - just so that my position is understood - I understand the need for the land appropriation, but I am at a loss to understand why those that worked (note the past tense) should be shot - and then their associates arrested.

Surely those that fired the rounds at them have broken some law?

Why does the land grab have to have violence and intimidation attached to it?

"Friday’s violence is believed to be as a result of an eviction campaign initiated by Mashiringwani’s men in the early hours of Friday morning. Scores of Fick’s workers were assaulted with barbed wire and sticks during the campaign, and several of their homes were deliberately torched by the land invaders. The shooting that occurred later in the day is also said to be a result of the eviction campaign. In the attack, Fick’s cook was shot in the chest, a second employee was shot in the head and a third sustained leg injuries. Another two people, including the cook’s wife, were also shot and were rushed to hospital.

Shortly after the attack the gunman, named only as Tichiona, was reportedly beaten in what appears to be a retaliatory attack by other workers, which in turn led to the arrest of six workers on Saturday. Police have never taken any action in response to Fick’s months of reports of intimidation, illegal land takeover and animal abuse on the farm. As has now become the norm in Zimbabwe, police are using the excuse that land disputes are ‘political’, in order not to get involved in, what is in most cases, rampant theft."

Isn't it unbelievable that those who beat the gunman are arrested, but that the gunman is allowed to roam around freedom? Since when did justice in Zimbabwe become so warped?

"Meanwhile Fick, a South African citizen, has received no assistance from his own government. He is one of 79 farmers who took their case to the SADC Tribunal in Windhoek last year, and his farm is meant to be protected by the Tribunal’s ruling. The ruling was meant to ensure that the Zimbabwe government protected the farmers from future land invasions, but ZANU PF has refused to abide by the ruling, relentlessly harassing farmers and their workers across the country. The government was this year charged with contempt for ignoring the earlier ruling, but in response, the government announced it no longer recognises the Tribunal.

But neither the South African government nor the South African embassy has made any move to assist Fick, despite South African President Jacob Zuma only recently standing down as SADC Chair. South Africa has made no mention of Zimbabwe’s snub of the Tribunal and SADC itself has made no move to deal with the matter. Fick meanwhile has kept the South African embassy in Zimbabwe fully informed of the ongoing property rights and human rights violations on his farm. Ambassador Mlungisi Makalima remained unavailable for an interview on Monday, despite numerous requests throughout the day from SW Radio Africa."

Mugabe has allies in so many different place and is able to call on them at will. This then influences what should be a straight forward decision... the results of which we see with more than half of Zimbabweans are in requirement of food to survive.

Nice one, Bob!

-o00o-

I have to laugh at this article in which Patrick Chinamasa, Robert Mugabe's minister of Justice (now there's an oxymoron!) has a go at the deported torture investigator of the United Nations.

"Justice and Legal Affairs minister Patrick Chinamasa says the United Nations torture investigator deported by government last Thursday kicked a storm over a trivial matter. Chinamasa accused the envoy of causing bad blood between the UN and Zimbabwe.

Zimbabwe deported the UN special rapporteur on torture, Manfred Nowak, citing concerns over a meeting of Southern African Development Community (SADC) troika leaders in the capital, Harare. Nowak was detained Wednesday evening and placed on a flight back to Johannesburg, South Africa, the following morning.

Nowak was invited by minister Chinamasa, to conduct a fact-finding mission to the country from October 28 to November 4. While in transit in Johannesburg from Vienna on October 27, he was informed that the Minister of Foreign Affairs, Simbarashe Mumbengegwi, had decided on October 26 to postpone his mission."

The deportation of the envoy did not cause any 'bad blood' - that 'bad blood' is there already as Mugabe would prefer that the institution finance his rule, while standing back and having no say as to where the finance is used.

Today there was another article that suggested that aid distribution would be interfered with by Mugabe's minions...

"Chinamasa however, criticized Nowak’s own conduct in refusing to alter his travel plans after being asked to delay his visit by two days. Chinamasa said he was miffed that Nowak had taken the postponement of his visit in bad spirit.

"When we conveyed to him that the trip has been cancelled, he should not have come,"Chinamasa said. "I think his insistence to come and that he was coming at the invitation of the Prime Minister is introducing a very bad spirit into our relationship. It is not good that he should come (to be) hosted by the Prime Minister when originally I am his host.

"I am the minister responsible for human rights in this country. He should come at my invitation, because I am the minister responsible for that area in government."

Now there's an admission which should be heard loud and clear. Chinamasa is responsible for human rights in Zimbabwe - and it is plain to see that he is not doing his job properly! Perhaps he should consider standing down and handing the function to someone who actually wants to do it!

Human rights violations in Zimbabwe are on the increase - we read about them every day...

Chinamasa should concentrate on his remit instead of attempting to cause 'bad blood' (his words) with the United Nations.

-o00o-

Well, they are going to be talking about talking about it. I s'pose it is a start, but how many times have we been here before?

Mugabe will not relinquish any control of government to the MDC, even though his ZANU PF party lost the election. Surely that, in itself, is as good a place to start as any?

"Mozambique will host a regional summit on Zimbabwe on Thursday in hopes of breaking a deadlock that threatens Harare's fragile unity government, the foreign ministry spokeswoman said.

The 15-member Southern African Development Community (SADC), which brokered Zimbabwe's unity deal, will hold the extraordinary summit in the Mozambican capital Maputo, Yunassy Muchanga told AFP.

"They have agreed to hold a meeting here on Thursday. But we don't know any more details yet," she said.

Mozambique currently heads SADC's security organ, which sent a delegation to Harare last week to mediate between veteran President Robert Mugabe and Prime Minister Morgan Tsvangirai, the former opposition leader who joined the government in February."

We know all too well the disdain with which Mugabe views SADC. Not that long ago, we read as his Justice Minister, Patrick Chinamasa, vilified the SADC tribunal, even going so far as to suggest that the body was illegal.

What is stopping Mugabe from listening to what is bound to be protracted negotiations, and then throwing the SADC body's authority in their face?

Mugabe plays for time, because every day that he remains at the top of the tree is a day which he can accuse, bully, arrest, incarcerate and plan against those that would oppose him.

Mugabe has taken to calling Tsvangirai and his MDC party as dishonest...

What is honest about a political party losing a general election and then remaining in power whilst they 'negotiate' with the winners as to how much power the losers might give to the winners?

"Tsvangirai's spokesman James Maridadi told AFP that the premier would attend the Maputo talks.

"Prime Minister Morgan Tsvangirai will be attending the conference in Maputo on Thursday to discuss the powersharing agreement," he told AFP."

I do not expect any lasting change - and I do not see Mugabe ceding any power to the MDC. SADC are wasting their time, resources and money.

-o00o-

Take care.

'debvhu

Monday, 2nd November 2009

Howzit

To add to my woes of Saturday, my ISP keeps losing connection to the internet - so this posting will not be an easy job - but I will attempt to get it out in good time.

Foreign currency mid-rates updated...

-o00o-

"The Zimbabwe National Army (ZNA) is said to have detained a group of soldiers accused of stealing guns from Pomona Barracks in Harare two weeks ago to the Chikurubi Maximum Prison for interrogation.

Zimbabwe Prison Services (ZPS) sources said the 13 soldiers are accused of stealing 20 AK 47 rifles and three shotguns from the armoury at the barracks two weeks ago.

Sources within the army told The Zimbabwe Times over the weekend that the soldiers were initially thrown into the Harare Remand Prison by a joint group compromising members of the army’s military intelligence, the military police and the Central Intelligence Organisation (CIO) two days after the guns disappeared.

The senior army officers are said to be arms specialists and hold the ranks of lieutenant to lieutenant colonel."

Mugabe is historically very paranoid and whenever something happens which he reads as a threat - whether it is or not - he has the CIO act with some alacrity. Now I'm not saying that the theft of these weapons did not happen, but Mugabe will append a very serious intention with the removal of the weapons.

An officer was very recently done for the theft of a firearm, which he had sold so that he could feed his family.

"When the soldiers were detained here we were ordered that they should not be visited by anyone," said a highly placed source. "On Sunday they were taken away by the CIO and other military people who did not specify where they were taking them and the reasons for doing so. Under normal circumstances prisoners taken out of prison for investigations are signed out by the detail specifying the reasons and destination, which in this case did not happen."

The soldier’s are Sungiso Musa, Darlington Kanyingwe, Nyaruwata Lawyers, Charles Muzondo, Dzingai T Chibutwaka, Stanley Mvindwa, Chamunorwa Chinyere, Maxwell Samudzi, Cosmore Mangenda, Misheck Kangwa, Callistus Mutero, David Hamandishe and Farai Chitsiko.

"The detained soldiers said there are 10 more junior officers who were arrested for the same case whose whereabouts are not known. They said their juniors could have been taken by members of the Central Intelligence Organization," said a prison official."

Due process and procedure is often ignored by pro-Mugabe agents in their fervent endeavour to nail whoever for whatever ZANU PF alleges they have done.

-o00o-

This is more on the same story and gives us more of idea of the panic that the alleged theft has caused. And when a report tells us that soldiers have be murdered, well, then the situation changes somewhat for the worse.

"At least 12 soldiers died last week after they were brutally tortured by military intelligence agents following the disappearance of an assortment of guns and bombs from Pomona barracks, we can reveal.

Unidentified people, according to our military sources, more than a week ago used blowtorches to break into the armoury at Pomona and made off 20 brand new Chinese-made AK 47 rifles, five motor bomb launchers, a light machine gun and a pistol.

The dozen soldiers died at Two Medical Company Hospital at KGV1 in Harare while soldiers are still admitted at the hospital and in a coma after undergoing what some soldiers described as 'robust and intense' interrogation at the hands of the Military Intelligence Division. The torture sessions were conducted at Two Brigade by Field Security Unit, a section of the Military Intelligence Division, headed by an officer identified only as Major Kembo.

The bodies of the murdered soldiers have been sent to One Commando Regiment, along Airport Road which stores bodies of soldiers who die in military hospitals."

Mugabe would prefer to use the army to threaten the population and now finds himself having to use the army and the CIO to intimidate and torture members of the army. Whether anything will ever come of the deaths of the soldiers remains to be seen, but you and I know that there is very little chance of justice for the families in this case.

"A total of 236 soldiers and support staff based at Pomona Barracks were arrested on Thursday night and detained at different locations.

"Pomona Barracks was overrun by Presidential Guard which is now in charge. Everybody who was around was arrested while those who had just gone away on annual leave have been ordered to return and surrender.

"Females based at the Barracks have been detained at Chikurubi Maximu prison while their male counterparts are at Harare Central Remand Prison," a senior officer revealed.

Soldiers who spoke to this newspaper revealed that although Major Kembo, the only known Zimbabwean, led the torture sessions the beatings were being done by foreigners.

"The detained soldiers are being taken to Two Brigade in batches for sessions of torture but we have received information that the torture is being done by either Angolans or Congolese, nobody has been able to verify that," a soldier said."

The situation in Zimbabwe is obviously deteriorating, but Mugabe will sidestep the issue, preferring to take the MDC to task for disengaging from ZANU PF within the coalition government, and for inviting the UN torture investigator to Zimbabwe.

How he would have loved to have been in Zimbabwe this last weekend!

-o00o-

Mugabe will say anything to keep the MDC off balance. And he has a habit of expecting all and sundry to believe his lies.

But every now and then, there occurs something that proves beyond any reasonable doubt that he is full of it...

"President Robert Mugabe was on Friday forced to accept the January SADC Summit Communiqué that eventually led to the formation of the coalition as a binding document, sources revealed yesterday.

The communiqué, which the veteran leader had all along refused to recognize arguing that it was not part of the Global Political Agreement (GPA), stipulates among other things that the appointments of the Reserve Bank Governor and the Attorney General would be dealt with by the inclusive government after its consummation.

Section 7(vi) of the communiqué says: "The appointments of the Reserve Bank Governor and the Attorney General will be dealt with by the inclusive government after its formation."

The sources said by acknowledging the January communiqué as binding, Mugabe had effectively agreed to review his position regarding the appointment of RBZ governor Gideon Gono and Attorney General Johannes Tomana. The continued stay in office of Gono and Tomana is an "outstanding issue" that has caused serious friction in the coalition."

The trick now, even though Mugabe has maintained that the appointments were made under his entitled Presidential powers, is to ensure that the appointments are 'reviewed'.

Reviewed, insofar as their legality is concerned, and reviewed insofar as his assumed unilateral power is concerned.

It is one thing to convince Mugabe of the errors of his ways - another to have those errors repaired.

"Mugabe has also refused to share the posts of provincial governors, noting that those appointments were dependent on his benevolence.

This was in contradiction of section 7(vii) of the communiqué, which states that "the negotiators of the parties shall meet immediately to consider the National Security Bill submitted by the MDC-T as well as the formula for the distribution of the Provincial Governors".

Mugabe also refused to swear in Deputy Minister-designate Roy Bennett, who is currently battling what his party says are "trumped up" terrorism charges.

Sources told The Standard it became clear that Mugabe was the stumbling block after the SADC foreign ministers' review of the GPA on Friday."

SADC is largely seen as a toothless entity and Mugabe runs rings around them, throwing what he perceives as that body's illegalities in their faces.

"Sources who attended the closed meetings said the ministers were "shocked" by the slow implementation and blatant disregard of the agreement, which led to the formation of the inclusive government.

"It became clear in the meetings that ZANU PF is the culprit. The visit clearly exposed Mugabe and ZANU PF as the stumbling block," said one of the sources. This forced Mugabe to make a major climb down from his position regarding the January Sadc Summit Communiqué."

"Shocked"? All that the SADC delegation had to do was to study Mugabe's form on the last 30 years... then there would be no shock as his antics.

"The parties agreed to attend to all outstanding issues arising from the implementation of the GPA and the SADC Summit Communiqué of January 2009."

The foreign ministers from Mozambique, Zambia and Swaziland - the three countries forming the Organ on Politics, Defence and Security - then recommended the holding of a regional summit to deal with the Zimbabwe political stalemate."

-o00o-

Having agreed that he has been in error with regards to the GPA, we then read about Mugabe stating that he no longer (did he ever?) trust the MDC...

"Zimbabwean President Robert Mugabe casts doubt over future collaborations with his coalition partners due to the 'dishonesty' of his rivals.

"We must no longer trust those who pretend to be in the inclusive government and have jumped in and out of it," said the Zimbabwean President, accusing longtime rival, Prime Minister Morgan Tsvangirai and his Movement for Democratic Change (MDC) party of deception over their decision to suspend cooperation with Mugabe's ZANU PF party.

"They can never be true and genuine partners and they have proved to be dishonest," the south African country's state media quoted him as saying on Saturday.

The 85-year-old president accused the premier of hypocrisy and pledged to continue his cabinet's work, stating, "Cabinet is not a party affair. That kind of hypocrisy should be seen as it is."

"What kind of sincerity is that? We go into government, form policies, hold investment conferences, (but) we have a part of the government striking against themselves."

Mugabe's denunciation of the prime minister comes in the aftermath of a mid-October declaration by Tsvangirai in which the premier suspended cooperation with Mugabe's coalition administration, brokered in February, in protest to the detention of his supporters and the trust issues between ZANU PF and the MDC."

I can hardly believe that Mugabe has insinuated that the MDC is not honest. How is it that the head of the party that lost the election can vilify the MDC and claim that it is untrustworthy?

ZANU PF have approached the coalition government with the intention of grabbing all that was available and then is making attempts to grab that which is not. He has appointed people without consultation, refuses to swear in Roy Bennett, and now makes unsubstantiated claims that the MDC is not honest.

Before he can make such spurious statements, perhaps he should have a look at little closer within his own party...

"The latest development threatens to destabilize the already-impoverished country despite international mediation efforts by a troika of the Southern African Development Community (SADC) which is in Harare in a bid to break the impasse.

However, the intermediary work of SADC has yielded no fruit as Tsvangirai ruled out reaching a consensus with ZANU PF.

"The Troika does not solve anything. Its mandate is to gather information and make recommendations," noted the Zimbabwean premier. "We have to find a solution to the crisis so we can get the inclusive government working again," Tsvangirai added."

-o00o-

I prosecuted in both Plumtree and Gwanda courts many years ago...

"A Gwanda magistrate has set 19 November as the trial date for three soldiers who were involved in a shooting incident that left a policeman injured in Plumtree town about a fortnight ago.

Victor Mugo, Tapiwa Chigiji and Trust Matenda yesterday appeared before Gwanda resident magistrate, Douglas Zvenyika facing two counts, one of attempted murder and the other of discharging a firearm in a public place.

The three were remanded in custody.

Initially Plumtree resident magistrate, Mark Dzira and prosecutor Stanley Chinyanganya were handling the case. However, it was transferred from Plumtree to Gwanda after Dzira received a threatening letter ordering him to set the three soldiers free or leave town."

I would think that it goes without saying that no action will be undertaken with regards the threatening letter received by the original magistrate.

In Zimbabwe very few cases concerning the police or armed forced are actually prosecuted, or, indeed, seen through to a decision pertaining to guilt in the courts. But some cases, by their very commission, throw themselves into the public eye.

And the background to this case is more than just public - it appears to be a personal vendetta.

"The court heard that Mugo who holds the rank of lieutenant teamed up with 14 members of the army clad in uniform and armed themselves with AK47 rifles.

Ndlovu told the court that the soldiers proceeded to Dingumuzi Stadium where there was a soccer match between a police football team and Border Kings, a team made up of touts who operate at the border post. He said when the soldiers arrived at the stadium the referee had just ended the match and at the command of the lieutenant, they started cocking their rifles.

Ndlovu said the soldiers were shouting demanding to see Mr Ashley Muzari, a player from Border Kings.

He said when Mr Muzari realised that the soldiers were after him he went to seek protection from the police. The police, Ndlovu said, tried to stop the soldiers from taking away Mr Muzari and at that point Mugo ordered the soldiers to fire.

He said two shots were fired in the air and the other bullet hit Constable Matongo in the arm."

Opening fire on a football team in the middle of a stadium? Hardly the brave works of the soldiers...

"The prosecutor told the court that three weeks prior to the shooting incident, Mr Muzari had caught Dzingai Kuchivirika, also a member of the army, being intimate with his wife.

He said Mr Muzari then severely assaulted Kuchivirika and after the assault a report was made to the police leading to Mr Muzari’s arrest."

Hmmm...

-o00o-

I do notice that ZANU PF ignores simple evidence of their brutality on the population - even when it comes to photos and videos.

They remain quiet no matter waht.

Well - here's another photograph for them to be quiet about...

-o00o-

Take care.

'debvhu