Friday, 17th July 2009

Howzit

Please be aware that there will be no posting tomorrow as I am busy elsewhere.

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Foreign currency mid-rates updated...

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I have discussed this many times in the last couple of months, and I am surprised that the MDC have taken as long as they have to make the accusation. It was apparent a long time ago that ZANU PF would look to reverse the election result by alternate means.

"Tension within Zimbabwe's unity government is on the rise as the Movement for Democratic Change formation of Prime Minister Morgan Tsvangirai accuses its ZANU PF partner in power sharing of twisting the law to chip away at its narrow majority in Parliament.

The party issued a statement alleging a "cynical and diabolical attempt" by ZANU PF, which is led by President Robert Mugabe, to claw back political ground lost in the 2008 elections by trumping up charges against MDC parliamentarians. Several have been convicted and even sentenced to prison terms, jeopardizing their seats in the House of Assembly.

The MDC formation expressed dismay at the suspension this week of Chipinge West Member of Parliament Mathias Mlambo, who is now barred from attending sessions of parliament.

Mlambo was convicted of public violence by a magistrate in Chipinge, Manicaland province, and sentenced to 10 months. But his lawyers have appealed the conviction."

ZANU PF has systematically had MDC MPs arrested on a variety of charges, and the moment that those MPs have been convicted and sentenced to more than six months imprisonment, then they lose their seat and it is up for grabs again.

"Observers say the MDC has cause for concern: two of its lawmakers have been convicted on charges carrying a sentence over six months, and three more face charges which could lead to expulsion from the house. Most of those prosecuted come from Manicaland province, where ZANU PF suffered heavy losses in the 2008 elections.

In those elections the Tsvangirai MDC formation won 100 seats to ZANU-PF's 99. The MDC formation of now-Deputy Prime Minister Arthur Mutambara won 10 seats giving the combined MDC formations (the party split in 2005) a 110-seat majority. There is one independent."

Doesn't it strike people as strange that only MDC MPs are being arrested? The violence that was visited upon the people during last year's elections was largely aimed at the MDC - which would suggest that ZANU PF was behind that violence, and yet it is the MDC that is being prosecuted...

"Elsewhere, the MDC is urging police to arrest ZANU PF members alleged to have disrupted a national constitutional conference on its opening day Monday in Harare. The party said one of its members was arrested during the floor fracas, alleging bias on the part of police.

Chief Parliamentary Whip Innocent Gonese of the Tsvangirai MDC grouping told reporter Blessing Zulu of VOA's Studio 7 for Zimbabwe that the law is being applied selectively.

Responding to the allegations of bias in the justice system, Attorney General Johannes Tomana said the the MDC was unfairly dragging him into politics."

Tomana should get used it it - since he is a political appointee having been appointed by Mugabe himself.

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Whilst I applaud this action against ZANU PF, the huge problem facing these MDC activists is that the justice system in Zimbabwe is warped in favour of ZANU PF - and even if they were lucky enough to get a court order against them, Mugabe will pull his favorite trick and ignore and defy the order...

He has done it before - and will, no doubt, do it again.

"Sixteen MDC-T and human rights activists and a journalist are demanding a combined US$19,2 million in damages from two cabinet ministers and state security agents for their alleged abduction, unlawful detention incommunicado, and deprivation of liberty last year.

The activists and journalist filed their lawsuit with the High Court on Tuesday and are demanding US$1,2 million each.

Each of the plaintiffs is demanding US$500000 in damages for unlawful abduction, enforced disappearance, unlawful detention incommunicado, unlawful arrest and unlawful deprivation of liberty; US$100000 for assault; US$300000 for torture, pain, shock, suffering and psychological trauma, contumelia and loss of amenities of life; and a further US$300000 for malicious prosecution.

Collen Mutemagau, Kisimusi Dhlamini, Audrey Zimbudzana, Zakaria Nkomo, Gandhi Mudzingwa, Fidelis Chiramba, Broderick Takawira, Mapfumo Garutsa, Pascal Gonzo, Tawanda Bvumo, Violet Mupfuranhewe, Chinoto Mukwezaramba, Pieta Kaseke, Regis Mujeye and journalist Andrison Manyere are each demanding US$1,2 million in compensation."

And the list of those who they hold responsible is quite impressive.

"They are demanding the compensation from the co-Ministers of Home Affairs, Kembo Mohadi and Giles Mutsekwa, Justice Minister Patrick Chinamasa, then Security Minister Didymus Mutasa, Police Commissioner-General Augustine Chihuri, Prisons Commissioner Paradzai Zimondi, and Central Intelligence Organisation (CIO) Director-General Happyton Bonyongwe.

Also sued are police Senior Assistant Commissioner Nyathi, Chief Superintendent Crispen Makendenge, Detective Chief Inspector Mpofu, Chief Superintendent Peter Magwenzi, Senior Assistant Commissioner Chiobvu of the Prison Services, Detective Chief Inspector Elliot Muchada, Superintendent Josh Shasha Tenderere, Assistant Inspector Mudandira, Superintendent Regis Takaitei Chitekwe, Detective Asssitant Inspector Maria Phiri, Detective Inspector Chibaya, Detective Muuya and Assistant Director of the External Branch of the CIO, Asher Walter Tapfumaneyi."

I feel for these activists as they are fighting an uphill battle. Not only are they attempting to get money out of a broke political party, but even if they receive an order to receive damages, enforcing that order will take up more court time and money - and the chances of any of the respondents coughing up are very remote.

"In one of the High Court summons, Mudzingwa is suing for his unlawful abduction and detention at Goromonzi Prison complex despite the fact that he had not appeared in court and was not on remand in respect of any charge.

Mudzingwa alleges that he was held incommunicado, being denied his basic human rights such as access to legal practitioners of his choice, access to medical practitioners of his choice, access to medication, access to family, friends and relatives, among other rights protected by the Constitution of Zimbabwe and other International Human Rights Instruments to which Zimbabwe is a party."

Not that long ago, I received an email from a ZANU PF supporter (using a very temporary email address) asking if I was not sick and tired of writing about ZANU PF negatively. Although I was not afforded the opportunity of a response, it would have been along the lines of the fact that ZANU PF give me nothing positive to comment upon...

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I do notice that the fact that civil servants - from Mugabe downwards - have been receiving a meagre US$100 per month only, I see no reduction in the standard of living by Mugabe and his senior loyalists. This is because they have amassed huge fortunes and they have the resources to see out the lean times in Zimbabwe.

"Government has awarded a marginal salary increment to the US$100 monthly allowance paid to civil servants after increasing the wage bill by about 40% that will result in an average salary of about US$140.

Finance Minister Tendai Biti in his mid-term fiscal policy review yesterday increased the civil service wage bill by 41% to US$48 million monthly from US$34 million to meet the salary adjustment.

The current wage bill accounted for 35% of government total expenditure and 13% of GDP.

Biti said government with effect from this month would review the remuneration framework of civil servants taking into consideration the need to differentiate between grades."

A 40% increase is sizeable - although perhaps not much when your overheads in any given month are markedly higher - and the civil servants should be grateful for the increase.

It should also be noted that the financial morass that Zimbabwe currently wallows in is largely due to Mugabe's mismanagement of the State monies.

Mugabe and his supporters will point fingers at the MDC finance minister, claiming that the current difficult period in Zimbabwe is due to Biti's being not sure of what to do.

"I am, therefore, proposing to set aside an additional US$151 million to year-end to support implementation of a modest pay structure which begins to recognise grade, albeit initially across only limited differentiated bands," he said. "In line with this, effective 1 July 2009, I propose to set aside an additional US$14 million per month over and above the current US$34 million to support a review covering the period from July 2009."

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In the very odd occasion, ZANU PF people do appear in court on charges that could possibly see them being removed from parliament under the conditions that are highlighted earlier in this posting. But, more often than not, these people get away with their activities and, if convicted, are fined rather than imprisoned.

And example is the ZANU PF senator that was fined for culpable homicide a year of so ago.

And then there is the alacrity at which they are given bail - and bail is set as low as possible... If this was an MDC person, then they would be banged up in a prison cell somewhere.

"ZANU PF politburo member and former Mayor of Bulawayo Joshua Malinga on Thursday appeared in a Bulawayo magistrate court facing charges of undermining the authority of the police.

The 65-year-old politician and businessman was remanded on US$50 bail to July 31.

He was not formally charged with contravening Section 177 (b) of the Criminal Law (Codification and Reform) Act when he briefly appeared before magistrate Sithembiso Ncube.

His lawyer, Job Sibanda of Job Sibanda and Associates Legal Practitioners told the court that there was no need to put the charge to his client, as he was aware of it.

He added that his client was coming from home and had no complaints against the police.

The case had to be moved from Court Two on the first floor of Tredgold Building to Court Seven on the ground floor because Malinga moves with the aid of a wheelchair.

Clad in a gray suit, Malinga listened carefully as his lawyer addressed the court and relatives wheeled him out of the courtroom after the remand with a prison officer holding the court record so that they could pay bail before he would be allowed to go home."

The defence lawyer is remiss in stating that there was no need to read the charge as the accused was aware of it. The charge has to be formally read to the accused person in court and then that accused person is asked how they plead to the charge.

The defence lawyer is looking for a loophole through which he will defend the former mayor.

"Prosecutor Evans Mungoni told the court that on February 11 this year, at around 10am, constable Raphael Somerayi was on duty manning the High Court building reception and was dressed in police uniform.

Malinga parked his vehicle at the corner of 8th Avenue and Herbert Chitepo Street with its tail allegedly encroaching into the road thereby blocking other cars.

Somerayi approached Malinga and spoke to him in Shona requesting him to park properly.

The state is alleging that Malinga responded by insulting the complainant in English saying; "You are stupid, idiot officer speaking Shona in Matabeleland."

The police officer requested to see his drivers’ licence but Malinga allegedly refused with it saying there was no law that forces him to carry it on his person.

Malinga allegedly threatened to put the police officer in "hot soup" for interrupting him."

I expect nothing less of ZANU PF people. They are self-opinionated and believe that the law is there for others to abide by, but because ZANU PF is headed by Mugabe, they have no case to answer.

If a policeman, or anyone for that matter, speaks in Shona, Sindebele or English, that language choice should have no bearing on their character. Malinga is wrong - but is being treated with kid's gloves - as often happens in Zimbabwe when dealing with ZANU PF members.

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"To anyone who cares,

I write this in the wake of the recent letter I wrote to the Prime Minister regarding “where truth becomes the casualty.” The letter was about the widespread break-down in the rule of law on the farms in Chegutu District.

It is time that the truth was told. Minister Welshman Ncube from JOMIC has now denied that there are any land invasions. If he were to come here right now he would see Minister Shamuyarira’s men busy reaping thousands of US dollars worth of Mike Campbell P/L sunflowers in broad daylight with complete impunity using Mike Campbell P/L tractors on land that Mike Campbell P/L has court orders and international judgments protecting.

We have video footage of this and the looting of the other crops. Mike Campbell P/L did the land preparation; Mike Campbell P/L bought the fertiliser and seed and planted the maize and the sunflowers and fertilised them and weeded them; and now land invaders continue to reap thousands of US dollars each day of crops that they never sowed or did anything for.

Day after day, week after week and now month after month this has continued since the 4 April 2009 when the invasion took place and they reaped the mango crop and the orange crop. Not a single mango, orange, maize cob or sunflower head has been reaped by the owner from that date. The invaders are now interfering with the cattle and saying that the several hundred head of cattle on the property belonging to Mike Campbell P/L are now owned by Shamuyarira too!

Workers have been beaten, abducted and hospitalised; houses and sheds have been broken into; people have been terrorised; water has been cut off by the invaders for weeks and they have plunged the workers into darkness by cutting off their electricity as well; tens of thousands of productive fruit trees have been left without irrigation, fertilization or spraying.

Police know all about it and refuse to arrest anyone or even stop them despite the two High Court orders saying the invaders must be evicted and the SADC Tribunal judgement saying that Mike Campbell and his family and workers should be allowed to farm without disturbance.

The Honourable Professor (Ncube) has white-washed such situations by saying it is only where there are “eviction letters” and the farmer is not complying, that there are “land disputes.” There is not a farmer in the country who has not vacated immediately on being given an eviction order from a court. The alternative is jail. I challenge JOMIC to give just one example anywhere in the country where a farmer has not complied with an eviction order from a court. The disputes are taking place where people clutching offer letters are taking the law into their own hands and carrying out lawless acts with impunity such as what they are doing on Mount Carmel Farm.

Does JOMIC really believe that an offer letter gives the authority for invaders to take the law into their own hands and evict people and take their belongings?

How can a Government continue to condone theft and thuggery with lies and with silence in a starving country with no job creation and no investment taking place? How can the people continue to put up with this sorry situation? What sort of signal is it sending out to anyone wanting to grow food crops this coming summer or put any investment into the country? Why should donors be pouring their tax payers money into Zimbabwe to feed us when, with the re-establishment of the rule of law, we would be exporting food as we did when we had the rule of law prior to the farm invasions?

For the sake of everyone who believes in a future for themselves and their children, a full investigation needs to take place into why the law enforcers allow such nefarious activities to continue to go on in Zimbabwe with such impunity.

Ben Freeth
Chegutu"

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I do note that the Blogger spellchecker is no longer querying virtually every word, but no offers no alternative to any word queried!

From the sublime to the ridiculous...

Take care.

'debvhu