Friday, 6th March 2009

Howzit

Foreign currency mid-rates updated.

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It concerns me that Mugabe is allowing this injustice to continue and to take centre stage. Not that I expected much more from Mugabe, but he has this habit of carrying out a flanking manoeuvre whilst our attention is elsewhere.

"The Movement for Democratic Change (MDC) has strongly condemned the refusal by the state to release its treasurer-General and deputy Minister for Agriculture designate, Roy Bennett.

It said this was a blatant disregard of the law by 'residual elements fighting the inclusive government'. High Court judge Justice Tedius Karwi, on Tuesday ordered the immediate release of Bennett after throwing out a State appeal denying his release.

"Two senior prison officers, the Officer Commanding Prisons in Manicaland, Senior Assistant Commissioner Albert Mandinika and Chief Superintendent Zondai Nyatsanza, the chief staff officer in Manicaland, confiscated his warrant of liberation papers and disappeared with them," said MDC spokesperson Nelson Chamisa."

It does get confusing when you have legal orders being won, shelved, dismissed whilst the unfortunate individual finds himself still languishing in Mugabe's disgusting prison cells.

Mugabe is keen to make a point here. Not a point that those guilty of an offence should stand trial, but that those in custody can remain there if that is what Mugabe and ZANU PF want.

An attitude like this does not help the idea of an 'inclusive' government...

"The wanton disregard of the rule of law, the brazen trampling of citizens’ rights and the chicanery to stand in the way of court orders flies in the face of the new era and the new spirit of unity that had begun to be engendered by the inclusive government. The MDC calls for the unconditional release of Bennett and other MDC activists who continue to be illegally detained on trumped-up charges of banditry and terrorism.

"We call upon the government to urgently intervene to ensure that the rule of law is respected. State security agents must comply with the law. In this new Zimbabwe that is now upon us, no one is above the law. State security agents who continue to trample on citizens’ rights and freedoms should themselves face the full wrath of the law," Chamisa said."

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There was a time when the High Court and the Supreme Court in Zimbabwe dispensed justice as a matter of course. And the people, whether they were involved or not, were appreciative of the results that were reached.

Nowadays, both these courts seem to spend their time deliberating over cases that really have no place on the roll. Politics seems to be the main contender - and now that the government has decided to use the courts as a place to resolve grievances, the results do not seem to be in any way acceptable.

The Supreme Court used to be hallowed turf - now it is a laughing stock...

"Zimbabwe's Supreme Court on Thursday granted prosecutors the right to appeal against a ruling granting bail to MDC official Roy Bennett, in a case that has raised tension tension in the new unity government.

Bennett, who had been set to become a junior minister, was arrested on February 13 and charged with plotting terrorism, which carries a possible life sentence. He will remain in custody until a hearing date is set, said prosecutor Chris Mutangadura.

His arrest is an early test for the new government in which President Robert Mugabe's ZANU PF and Prime Minister Morgan Tsvangirai's Movement for Democratic Change (MDC) share power. Bennett's lawyer, Beatrice Mtetwa, said she was disappointed with the Supreme Court ruling, especially after the judge told prosecutors that "they hardly have any prospect of success" on the bail appeal."

When the courts arrive at conclusions - and hence, rulings - that seek to satisfy those that hold the power in the country, then lawyers have their work cut out for them, and accused persons can be assured of a rocky ride...

"The new government faces an array of crises: food and fuel shortages, the world's worst hyperinflation, and a cholera outbreak in which nearly 88,000 people have been infected, with nearly 4,000 killed, according to the World Health Organisation. Tsvangirai said on Thursday that cases of infections and deaths from the country's worst cholera epidemic were far higher than those reported.

Mugabe, in power since independence from Britain in 1980, blames Western sanctions for the once-prosperous country's economic decline. His opponents blame Mugabe's own policies on nationalisation and the seizure of land from white farmers."

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Please be aware that theft is a 'continuing' crime. To explain - if property is stolen by person A and handed on to person B - even if person B is unaware that the property is stolen, person B is still guilty of a crime. Perhaps not theft, but 'possession of stolen property' is one alternative.

"Ben Hlatshwayo's mistake was not in using his power as a Zimbabwe high court judge to steal a farm from one of his white compatriots. His error was in proving to be a decent enough farmer to catch the rapacious eye of the president's wife.

It doesn't do to have anything worth taking in Zimbabwe these days, particularly prime farmland with a crop nearly ready for harvest. But Mr Justice Hlatshwayo, a veteran of the liberation war against white rule who was promoted from obscurity to the high court by President Robert Mugabe to give legal authority to the expropriation of thousands of white-owned farms, no doubt felt protected by his status.

He was rewarded with his own land, taken six years ago when he arrived at Vernon Nicolle's 580 hectares in Banket, snatched the keys from the maid and declared the place his. The takeover was in breach of an order from Hlatshwayo's own court but those were rough days, with white farmers being beaten and murdered, and there was little Nicolle could do. Zimbabwe's assistant police commissioner, Wayne Bvudzijena, seized the neighbouring farm from Nicolle's son.

But now Hlatshwayo has discovered there is someone higher up the pecking order of plunder. After Grace Mugabe's gaze fell upon his farm, a clique of cabinet ministers was assembled to tell the judge to hand it over and Hlatshwayo has been left bleating in court papers that "there is clearly no lawful basis" for seizing the land and accusing a holding company owned by Mugabe of "unlawful conduct"."

I say let them fight it out amongst themselves - because we all know who will win, and we should be aware that while they are fighting amongst themselves, they cannot be taking their bad temper out on the good people of Zimbabwe.

"The affidavit says Hlatshwayo was summoned to a meeting with three of Mugabe's then cabinet ministers - security minister Didymus Mutasa, justice minister Patrick Chinamasa and agricultural mechanisation minister Joseph Made - where he was told the president's wife needed his farm. The Zimbabwe press reported that she wants to give it to her son from her first marriage as a birthday gift.

Hlatshwayo then complains that "there is clearly no lawful basis" for seizing his land and accuses the holding company, Gushungo - named after Robert Mugabe's family totem - of being "intent upon imposing its will regardless of observing due process of the law"."

The judge will make himself a target of the Mugabe family.

Some arguements are just not worth fighting.

Although it is worthy of mention that the Mugabe family have possession of much more than the 'one family - one farm' policy lauded by Mugabe himself.

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There is not much that Mugabe does that is constitutional. With the advent of the 'unity' government, Mugabe has upped the ante and has being trying (and succeeding) to throw the MDC majority out.

My concern is that some of his moves are condoned by the MDC - both factions...

"The appointment of 10 additional ministers by President Robert Mugabe after consulting Prime Minister Morgan Tsvangirai and Deputy Prime Minister Arthur Mutambara violated the Global Political Agreement (GPA) and was unconstitutional, lawyers said this week.

They said if the appointments were to stand, there was need for another constitutional amendment or the re-enactment of Constitutional Amendment No 19 to accommodate the ministers.

Mugabe has appointed 41 ministers and 20 deputy ministers from the three parties in the transitional authority in what constitutional lawyers said was a violation of the GPA and the constitution.

Under the GPA, signed last September and Constitutional Amendment No 19, signed into law by Mugabe last month, the inclusive government should have 31 ministers, 15 nominated by ZANU PF, 13 by MDC-T and three by MDC."

It is obvious, therefore, that the appointing of extra people is unconstitutional. How come the MDC are not making a huge noise about it?

"Legally they have to introduce Constitutional Amendment Number 20 to give legal effect to the appointments, or Constitutional Amendment Number 19 could be re-enacted in parliament to cover the new appointments," Madhuku said.

He said the ministerial appointments could be nullified if citizens or any organisation challenged them in court.

"The appointments can be successfully contested in a court of law and they can be nullified since they are unconstitutional," Madhuku said. "Mugabe and the other principals made the appointments hoping that no one will challenge the appointments. They are illegal."

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Take care.

'debvhu