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Magistrates cannot afford 3 meals a day
BY GIFT PHIRI
MASVINGO - Government should consider raising the economic standing of judicial officers so that they are not bullied and corrupted by economically powerful criminals, a provincial magistrate said here this week.
Speaking at the swearing-in ceremony of three new magistrates on Monday, Masvingo provincial magistrate Enias Magate urged government to pay judicial officers competitive rates.
This need not necessarily be at private sector rates, he said, but competitive enough to make these officers respectable, not the laughing stock of society.
“Corruption is destructive to the justice system, just as cancer is to a person’s health,” Magate said. “Money corrupts and the offer of money and gratification to a judicial officer pollutes and destroys the whole justice machinery. In our country corruption has spread with frightening proportions.”
He said competitive salaries coupled with the provision of cars and houses would go a long way in making magistrates less prone to accepting bribes. He said government could build houses for judicial officers whose positions make them susceptible to corruption.
“The quality of a magistrate is seen in the manner he presides over a case in court and his or her conduct outside the courtroom,” Magate said. “Your conduct outside the courtroom plays a fundamental role in the manner the public regard the office of a magistrate. It makes or breaks the integrity of your office. You will scandalise the office if you are seen in the company of criminal, by being seen in places well known for criminal activities and by behaving in a manner.”
Masvingo area prosecutor, Mirirai Shumba slammed poor working conditions which she said has caused an unprecedented staff turnover.
Many magistrates could not afford three basic meals a day, said Magate, who is also the head of the Zimbabwean magistrates' association.
He said many magistrates were forced to hitchhike to court or travel on crowded buses with defendants they would later see in court.
Justice Minister Patrick Chinamasa warned magistrates not to take bribes. Several magistrates have been taken to court on corruption charges. But Chinamasa said that being poor could not justify accepting bribes.
Most magistrates are paid less than $50,000 a month.
Chideya case adjourned
HARARE - The hearing into the case of the suspended Harare Town Clerk Nomutsa Chideya has been adjourned to today, following detailed submissions by Chideya's lawyer Sternford Moyo that the committee hearing the matter was illegal because the people who appointed it were in office illegally.
He also made submissions on the tenure of the commission led by Sekesai Makwavarara saying three court rulings have made it clear that the principle of re-appointing commissions beyond their mandatory six months was illegal.
“The Makwavarara commission has been re-appointed on four occasions, meaning they are more illegal than the word illegal,” said CHRA spokesman, Precious Shumba.
For the commission, lawyer Tivaone said he needed to be given enough time to consult his principals, the commission and also read case law before he could make counter submissions. It was a public hearing. A couple of residents witnessed the proceedings. – Staff reporter
SADC to reform broadcasting
HARARE - A Broadcasting Reform Task Force will be formed to promote reform in the SADC region, it was decided at a conference organised by the Media Institute of Southern Africa (MISA) held in Mozambique in early August.
The conference concluded that despite a growing consensus in the region over the nature of broadcast reform, actual progress was “painfully slow”. This consensus was endorsed by a SADC Parliamentary Forum Conference in April 2006 by agreeing significantly, that state broadcasters should be transformed into public broadcasters and the broadcasting regulator should be accountable to the legislature and its board be appointed in an open and transparent process.
A SADC Protocol on Culture Information and Sport was signed in 2001, however it is not yet in force because it has not been ratified by a sufficient number of member states. The SADC states that have ratified the protocol, including Zimbabwe, have not sufficiently fulfilled the demand to “ensure the freedom and independence of the media.”
The members of the task force will be comprised of representatives from parliaments, the SADC Parliamentary Forum, regulators and the African Commission of Human and People’s rights. It will focus on identifying reform potential in various SADC countries and assist with developing and implementing proposals for establishing a democratic broadcasting system in SADC countries. - KJW
Human rights lawyers slam Mahoso
HARARE - Zimbabwe’s media hangman Tafataona Mahoso has drawn the ire of human rights lawyers over weekend claims that certain members of the Law Society of Zimbabwe are attempting to bring colonial rule back to Zimbabwe.
In an article replete with his usual drivel and conspiracy theories that appeared in the last issue of the state-owned Sunday Mail newspaper, Mahoso, who is also the chairman of the government-appointed Media and Information Commission, asserts that the LSZ is little more than a puppet of Western organisations with an agenda to return Zimbabwe to the days of colonial rule.
As part of his argument he derides the LSZ's statement condemning the 2005 parliamentary elections as being “prejudicial and prejudiced.”
Mahoso, who has presided over the closure of a record four newspapers in as many years, infers that the LSZ will be subject to government action if it continues to work in opposition to the policies of President Robert Mugabe’s government.
The International Bar Association’s (IBA) Human Rights Institute said it was “deeply concerned” by the “virulent and unjust criticism” of the LSZ.
Justice Richard Goldstone, Co-Chair IBA Human Rights Institute, and
retired South African Constitutional Court Judge told The Zimbabwean: “The Law Society of Zimbabwe is a democratic and independent institution performing a very
necessary role in a particularly difficult period in Zimbabwe’s history,” Justice Goldstone said. “The LSZ should be completely separate from the Executive, accountable to the law, and above all else to the nation's Constitution.
“For a law society to face criticism from a government-appointed official for carrying out this essential role in this environment carries all the outcomes of a threat.”
Award winning human rights lawyer Arnold Tsunga, who is also the LSZ’s executive director said he was shocked that a high-ranking appointee of the Zimbabwean government can have the temerity to defame a law society, which in essence is an independent organization created by Zimbabwean statute to regulate the legal profession.
“The legal profession has largely been standing in between the unbridled power of the state and the people of Zimbabwe and offering a safety net to human rights defenders facing persecution,” Tsunga said. “It therefore comes as little surprise that the state is now angling itself for an attack on the independence and self regulation of the legal profession in Zimbabwe.”
Tsunga said he was concerned that the statement by Mahoso signalled an imminent legal threat to the existence and independence of the Law Society itself.
Mark Ellis, IBA Executive Director said: “It is unacceptable that the Law Society of Zimbabwe should be subjected to vilification of this type. The criticisms levelled against LSZ, by Tafataona Mahoso, displays both a level of ignorance as regards the role of a law society, and a somewhat selective and limited understanding of matters of law.”
Zimbabwe Lawyers of Human Rights in a press statement said it was clear from Mahoso’s article that he had a rudimentary understanding of the functions and relevance of the LSZ.
“The LSZ is an autonomous body,” the statement said. “It is not an extension of the executive and owes no allegiance, unlike Mahoso in his regulation of the media, to the executive. A body like the LSZ should be a model for media practitioners and ZLHR has no doubt that given the choice on how to self-regulate in the media, people like Mahoso would be part of a tiny and insignificant minority.”
Mahoso has closed down independent radio stations, television channels, and four newspapers in Zimbabwe. He has openly rejected efforts by Zimbabwean journalists to self-regulate. – Own correspondent
Public hearing on spy bill
HARARE - A public hearing on the Interception of Communications Bill was held on Wednesday by the parliamentary portfolio committee on transport and communications. Since its gazetting the Bill has attracted widespread local and international criticism as it empowers the government to spy on personal telephone and email communications.
Leo Mugabe is chairman of the committee and its members are: Mr. Chimbaira, Mr. Chikomba, Mrs. Machirori, Senator Magadu, Mr. Mdlongwa, Senator Moyo, Mr. Mubawu, Prof. Moyo, Mr. D. M. Ncube, Senator Rita Ndlovu, Mr. Porusingazi, Ms. Pote, Senator Sai, Mr Sikhala, Mr Ziyambi, Mr Zwizwai. – Staff reporter
Word for Today
Those who hope in the Lord shall renew their strength, they will soar on wings like eagles, they will run and not grow weary, they will walk and not faint. Isaiah 40;31
ZCTU calls for national strike
BY GIFT PHIRI
HARARE – Zimbabwe’s largest trade union has called for a national strike to protest the government’s skewed economic policies, specifically a sharp hike in fuel prices last week that they say has made it too expensive for most workers to travel to their jobs in this troubled southern African country.
The Zimbabwe Congress of Trade Unions, ZCTU, an umbrella grouping of trade organisations, is closely affiliated with the main opposition party. Its officials said they were hesitant to divulge details of the planned strike, fearing retribution from the increasingly authoritarian government. No specific date was given for the launch of the strike, but officials said it would take place “soon”.
Previous anti-government strikes by the labour body have been followed by a massive crackdown by the authorities.
ZCTU president Lovemore Matombo said the labour body had completed balloting its members on strike action and workers were agreed that there was too much red tape in government because the authorities have assumed a lifestyle of comfort, adding “only mass protests will jolt them into action.”
Matombo said the 10-fold increase in the price of regular fuel last week had forced most bus and commuters to more than double their fares, taking up as much as three-quarters of the monthly earnings of average workers.
“Workers have demanded immediate action,” Matombo said. “It is very clear that most workers can no longer go to work because they can’t afford the transport costs. (The strike) will be indefinite.”
There was no immediate comment from President Robert Mugabe’s government on the plans for another national strike, but he recently told a Defence Forces day commemoration that he would deal harshly with those who countered him through mass protests adding armed forces will turn their guns on protestors.
Independent economist John Robertson said the impact of the fuel price hikes, when fuel was already in very short supply, would have a disastrous impact on the economy and the lives of ordinary Zimbabweans.
“Everybody will be affected,” said Robertson. “We will be in a very serious predicament in terms of moving production goods, getting food delivered and moving coal, timber and heavy commodities to the factories. So, we will have a very serious shrinkage in the volume of business being done.”
Long queues have become commonplace outside services stations, and even after the latest increases; official fuel prices are still well below prices on the black market. The fuel crisis has led to daily fuel queues for beleaguered Zimbabweans already grappling with shortages of many basic consumer goods, including staples such as maize meal, bread, milk and sugar.
Zimbabwe is suffering its worst political and economic crisis since independence in 1980 with acute shortages of food, fuel, medicine and essential imports.
Police overzealous says AG
HARARE - Zimbabwean police were left with a lot of egg on their faces after the Attorney General refused to prosecute a businessman whom police allege shouted insults undermining the authority of President Robert Mugabe.
Comoil managing director, Tichaona Beverly Muchabaiwa, was arrested last week by police officers manning a cash search and seizure operation in Mazowe on allegations of resisting arrest under tough security laws which bar any remarks “undermining the authority or insulting” the 82-year-old leader. He was charged under the Criminal Law Codification Act.
The AG however threw out the case saying the exact words he is alleged to have uttered were not abusive but a mere expression of opinion.
Branding the police action “overzealous,” law officer Lawrence Phiri said there was no element of insult.
“I am failing to understand where the insult was,” the law officer said. “That is why the police have not bothered to disclose the exact utterance. All they simply wanted was to create an imagination that the President had been insulted,” he said. – Own correspondent
Indians pull out of ZISCO deal
HARARE - Political interference has scuttled a US$400 million deal with an Indian firm to rehabilitate Zimbabwe’s ailing government-owned iron and steel works in an agreement that was expected to boost production and save over 5 000 jobs.
The state-owned Zimbabwe Iron and Steel Company (Ziscosteel), a key foreign currency earner before independence in 1980, had its 20-year management contract with Global Steel Holdings Limited (GSHL) cancelled last week over what the Indian firm called “undue political pressure.”
The firm indicated it was opting out of the deal due to “meddling” and has since recalled the CEO it had seconded to the Redcliff plant, Lalit Sehgal. A senior manager at Zisco, Alois Gowo has replaced Sehgal as acting CEO with effect from Thursday last week, following the nullification of the deal.
Industry sources revealed that the deal fell through due to interference by government officials, who also wanted to benefit from the hefty investment.
Under the deal GSHL was expected to inject foreign currency for rehabilitation of Ziscosteel plant components under a 20-year management contract for the plant, which however was supposed to remain government-owned.
The agreement marked one of the biggest foreign investments seen in recent years in Zimbabwe, which is struggling in the seventh year of a deep economic and political crisis.
President Robert Mugabe’s government has previously identified Ziscosteel among underperforming state companies to be privatised under a plan to revive the southern African country's ailing economy.
Ziscosteel was the main foreign currency earner prior to independence from Britain in 198O, but output has fallen sharply to just 78 000 tonnes of steel per annum because its main furnace - which accounts for 70 per cent of its production - has been derelict for years.
Reserve Bank governor Gideon Gono, who forged the deal, was unavailable for comment but he is on record stating the deal was expected to see output leap to 1,1 million to 1,4 million tonnes within 12 -18 months. - Own correspondent
State torturers named
HARARE - The Zimbabwe Human Rights NGO Forum, a coalition of 14 human rights civic groups, has produced a list of police officers, army personnel and state agents accused of torture and violence.
Zimbabwe’s main opposition immediately appealed to the families of the torturers to “pressure” them into changing their ways and to think about a future, democratic Zimbabwe.
State security minister Didymus Mutasa responded with a scathing attack on newspapers “that should know better”, saying the adverts were illegal.
The adverts appeared in the independent weekly Standard newspaper.
The Human Rights NGO Forum report states that state agents routinely use violence and torture as a way of quelling dissent as well as extracting information from the public be it for political or criminal reasons.
Among those named are notorious ex-combatant Joseph Chinotimba and Zanu (PF) political commissar Elliot Manyika.
Also prominent on the list are four Harare-based army officials, William Gapera, Captain Kembo, Mathias Mhiripiri and Shadreck Ncube. Prominent police officers complicit in torture of mainly opposition supporters in Harare are named as Assistant Inspector Mhondoro, Insp. Nduna, Officer Mahara and Nhokwara, among others.
“The Mugabe regime and its agents must be aware that they will be held accountable for their deeds,” MDC spokesman Nelson Chamisa said. “We are compiling documented evidence of those responsible for torture and murder. The day of reckoning is not far away.” - Own correspondent
Mobilizing from South Africa
BY GERALD SVOVAH
JOHANNESBURG - MDC South Africa held a successful District Congress for Zimbabweans in the township of Alexandra. Following preliminary meetings held in Alexandra a fortnight ago, an interim committee was set up to mobilize Zimbabweans resident in the town of Alexandra to elect leadership for their district.
The Chairman for MDC South Africa, Judge Ncube, addressed hundreds of Zimbabweans who had gathered to elect their leadership as well as present their problems to the MDC.
The organizing secretary for MDC South Africa, Rodgers Mudarikwa, and his deputy Lovemore Tshabala led the crowd in song and dance and presented a strategy for MDC South Africa to mobilize resistance against the Mugabe regime from South Africa.
Also present were Alice Mhlanga, the chairperson for Johannesburg district, and William Mabona the Secretary for MDC South Africa. Mudarikwa urged all Zimbabweans residing in South Africa to come together and mobilize a strong resistance to remove the Mugabe regime.
“We must unite and heed the call of our president, Morgan Tsvangirai, in protesting the destruction and plunder of our economy by the Mugabe regime. After dark comes the night and the signs are clear that dawn is near,” he said.
Residents of Alexandra went on to elect a full leadership for their district, which held its first meeting as soon as the provincial leadership left.
Thousands lose out as currency deadline passes
HARARE - Zimbabwean banks said on Monday they had met the August 21 deadline to switch over to new currency, a crucial lift for government monetary reforms that had looked likely to descend into chaos in a last minute rush by individuals and firms to deposit old cash in exchange for new money.
Bankers Association of Zimbabwe (BAZ) president Pindie Nyandoro told ZimOnline that although there had been a huge influx of people in banking halls on deadline day on Monday, banks had coped well and would not be asking the Reserve Bank of Zimbabwe (RBZ) to extend the deadline for currency conversion.
The new currency measures were aimed at stamping out the bustling black-market trade, especially for foreign currency, which had seen trillions of local dollars "working overtime" in neighbouring countries. But the reforms would have crumbled had banks failed to make the changeover on time.
RBZ insiders said both individuals and firms that may still be holding old cash after the change-over deadline would have to turn it into "garden manure" as said by Gono when he first announced the currency reforms.
But many more individuals especially villagers from remote parts of the country, who could not travel to change their money on time, were sure to suffer huge losses as most were still stuck with old money by close of business on Monday. - ZimOnline
Zim gov welcomes Al Jazeera
HARARE – In an unprecedented move that raised eyebrows, a press conference at President Robert Mugabe’s offices was called this week to announce that Al Jazeera International, a subsidiary of the Arabic television channel, had opened a two-man bureau in Harare.
The press conference was cancelled at the last minute after acting Information Minister Paul Mangwana - who was to also address journalists at the briefing - was summoned to attend to other urgent government business.
Observers pointed out that all other foreign news organisations have been banned from Zimbabwe for some time. “What sort of a deal has been made between Al Jazeera and the government?” asked media observers. “Are they going to apply to the MIC for a licence?”
The Arab-owned news channel had since the beginning of the year been rumored to be keen to set up a bureau in Zimbabwe, which, with its conflict with major Western nations over human rights and other governance issues, fits in well into the bill for the television channel. – ZimOnline
Thursday, August 31, 2006
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