#CSW58- MDG 8: Developing Global Partnership for Development


By Rumbidzai Dube

As the era of the MDGs draws to a close-(2000-2015) – one of the things that need paying attention to is; why did we fail to achieve the milestones? Why did Zimbabwe fall short on so many of the indicators? Central to these questions, is the issue of resources. This is because no policy, however brilliant, cannot be successfully implemented without the required financial and human resources. These resources can be attained where there is a clear fundraising strategy. Usually states fundraise through sustained economic growth in areas such as taxation, trade and consequently decreasing debt.

Zimbabwe has seen a steady growth of the GDP since 2009 recovering from the terrible 2007-2009 period of economic decline. However this growth has not translated into increased income in the home. External debt remains high, pegged at 113 % of the GDP. Overall availability of vital medicines has increased although there is low production of drugs, with CAPS-the leading pharmaceutical company- almost shutting down.  There is general improvement in access to cellular networks and internet with about 20% coverage. 65 in every 1000 people have access to a laptop. However the uptake of ICT’s remains largely centralised to the young and urban population. The lack of ICT legislation continues to hamper access.

What have we done well?

  • The Economic Recovery Programme implemented by former Finance Minister, Tendai Biti, emphasised economic and governance reforms which brought stability and recovery to the economy
  • Overall availability of vital medicines has remained stable because of the local production of drugs, enough to actually export some of the drugs.
  • Our creation and use of technology continues to improve; both mobile penetration and internet usage have significantly increased.
  • We are linked to both the Seacom and the EASSy undersea fibre optic cables, developments that have significantly improved our country’s internet connectivity.

What have we not done well?

  • We have no industry to talk of. Our manufacturing sector is still underproductive because of the many challenges it faces such as electricity load shedding and the liquidity crunch.
  • Domestic policy such as indigenisation and land reform, whose implementation is unclear continue to pose a threat to investment resulting in low foreign direct investment
  • Our proud and arrogant stance in our engagement with the international community continues to alienate possible allies in spearheading economic recovery.
  • The health sector still relies heavily on foreign funding, with our main donors being the Unites States, the European Commission, the United Kingdom and Australia. Our own government has not dedicated enough money to fund our health system.
  • We have not taken full advantage of our membership to regional integration initiatives such as COMESA, SADC and EU-ACP; for instance, we have not utilised the fact that SADC is a Free Trade Area which represents a large market to our goods and produce.
  • Although we are producing and exporting vital medicines, they are still expensive for the average person on the ground; as there is a leaning towards protecting the interests of the pharmaceuticals above those of the patients who are just ordinary citizens
  • We do not have an ICT policy to regulate the ICT industry resulting in stunted growth in that area.

What more can we do?

  • We need to re-engage the international community understanding that we live in a global village where we need allies and partners. Re-engagement should not mean begging, we do not need donations- we need good trade relations in which we bargain for the true value of our goods, both processed and raw.
  • We need an ICT policy to cater to the needs of a constantly changing technology landscape
  • We must learn lessons from the region. Rwanda is a good example, especially where the health system is concerned. In just 19 years Rwanda;
    •  increased its life expectancy from 28 years to 56 years;
    • decreased the size of its population living below the poverty line from 77.8% to 44.9%;
    • decreased child deaths from 18% to 6%;
    • increased the size of the population with health insurance from almost 0% to 90.6%;
    • maternal mortality dropped by 60%;
    • HIV,TB and Malaria deaths decreased by close to 80%;
    • The poorest pay nothing to access health care.

We have so much potential as a nation. We do not need aid! We have enough resources. If we deal with corruption, work to redistribute our resources equitably ad ensure that everyone, and not just the big fat-fatty cats continue to benefit, the challenge of failing to implement the MDG’s will cease to exist and be another old archive in the history books.

#CSW58 MDG 7: Ensure Environmental Sustainability


By Rumbidzai Dube

The environment is our most valued/priced natural asset because in it exist all the elements that make our lives what they are; air, water, sun, wind, rain, food among others. The conservation of the environment is hence a priority area as failure to conserve it could spell our demise or extinction. Yet, more often than not, the protection of the environment is relegated to the least of our priorities. Even at the global level, recognition that environmental protection is needed is there but the political will to do so is as good as non-existent. The big powers, whose greed and reckless quest to grow their economies is largely responsible for the rut we are in with climate change, refuse to take up responsibility in mitigating further damage and stopping further degradation by reducing their emissions and giving financial assistance to the countries affected by climate change already to adapt to the current climatic trends.

Yet in all this, the poor suffer more. How, one would ask; climate change affects the environment and in doing so poses the biggest human security threat to the poor and the vulnerable. The majority of our women in Zimbabwe live off the land, vana gogo vanorima (women farmers), vana tete vanochera mbambaira (sweet-potato harvesters), madzimai emusika anotengesa maveggie (vendors), makorokoza echidzimai (female gold panners) they all live off the land.

Climate change could bring either droughts or floods. Droughts will mean that the farmers, who depend on consistent and sufficient rains, will be affected. The failure of the rains to come means their failure to produce food (crop failure); which means there will be food insecurity, which will bring hunger, which in turn causes malnutrition. Poor yield means increased poverty and with poverty come health risks. Droughts also mean less water available, the less clean water we have available, the more our chances of being exposed to contaminated water which will result in the contraction of terrible diseases like cholera and typhoid, something that Zimbabwe has already experienced.

Climate change could also mean floods. As the experience of Zimbabwe with the Tokwe-Mukosi disaster illustrated, floods bring many issues: displacement, homelessness, food insecurity, disease, poverty and a general drawback to the development agenda.

Our main energy source in the rural areas, firewood comes from the land and results in the cutting down of trees, the very same forests we need to mitigate against climate change. But what other alternative do they have; gas is expensive, electricity is scarce-and although solar is readily available and can be successfully converted for cooking, it is slow and is hardly a favoured option in many households.

What have we done well?

  • Although in the SADC region, Botswana, Mauritius, Tanzania, Namibia, Zambia, Mozambique, Seychelles, Swaziland, Malawi and Lesotho are doing better than us, we are ranked number 100 in our carbon dioxide emissions. This makes us one of the lowest net emitters of greenhouse gases. One could argue that this is the case because we have no industry to talk about as most of our factories and plants have closed and are largely dysfunctional.
  • However, should we begin boosting our exiting efforts at adopting green energy, this could prove useful in maintaining our emissions really low and preserving our environment.
  • We are producing ethanol fuel which is home-grown and in the process creating jobs, developing our economy and preserving the environment.
  • We are improving our solar technology to reduce the use of wood in rural areas.

What have we not done well and how can we improve?

  • There is increased deforestation. This is because of the increased reliance on firewood for energy both in the rural and urban areas. With increasing power cuts, populations have turned to firewood for cooking. Until we address our energy deficit by increasing and improving electricity supply as well as exploring alternative energy sources such as gas, our forests will continue to deplete.
  • There is increased environmental degradation through veld-fires.
  • The existence of the Environmental Management Agency (EMA) in itself is a positive development. However, this government body is underfunded and is hence plagued by corruption. Anyone can pollute as long as they can pay some in the EMA.
  • There is increased poaching of wildlife in our national parks (especially in Hwange), and again this is being made possible by the rampant corruption in that sector. The lack of resources to patrol the parks makes poaching easier.
  • There is increased desecration of valuable environmental sites such as vleis, sanctuaries and wetlands. This cannot just be a case of ignorance of the need for environmental protection as most of the desecration is sanctioned by government. It is clear the problem is corruption; those who stand to benefit from the building of malls on wetlands or the allocation of residential stands on wetlands are the real culprits that need to be weeded out. (And I am glad that the ugly-Chinese-mall-built-on-the-wetland-is-cracking-up-proving-it-was-built-on-a-wetland).
  • Our water and sanitation situation is pathetic. The housing backlog and the overcrowding in urban areas does not help the situation either. And it must be pointed out that the housing problem is a man-made disaster, a consequence of the demolition of houses by government in Operation Murambatsvina in 2006 and the subsequent failure to replace those destroyed homes.
  • Climate change has begun to show its presence with seasonal changes and drastic changes to our weather patterns. The impact that this has on our environment and our food security is something that has little talked about. We need to increase dialogue around the meaning, cause, consequences and impact of climate change to improve our adaptation strategies.
  • We are destroying our conservancies (such as Save) all for the love of money. Are the diamonds not enough nhaimi?
  • We need to have more public-private partnerships on sustaining the environment. Most environmental degradation affects the public but is caused by corporates accessing resources be it minerals, land or forestry.
  • Above all, this goal needs us to do three things; the first is to deal with Corruption, the second is to deal with corruption and the third to deal with corruption. That green eyed monster called corruption that’s being passed off by those who practise it and being substituted with the s (for sanctions)-word which I dare not pronounce, needs to be dealt with effectively. Until and unless we do that, we are a doomed nation.

#CSW58 MDG 6: Combating HIV/AIDS, Malaria and other diseases


I saw a headline in one of yesterday’s papers which said: “MDC official succumbs to Malaria.” Yes, Malaria, as a disease only becomes topical when it kills a prominent individual. Outside such circumstances, the media pays it very little, if not, no attention. Yet malaria remains one of the biggest health problems our country has to deal with. Did you know that 50% of our population is at risk of Malaria? And, did you also know that 1 in 12 children die before their 5th birthday of Malaria? Do you now see why we must pay malaria as much attention as HIV/AIDS?

Another disease, well known and feared but with hardly any statistics to tell us what it is and how much it has affected our people is cancer. All we know is that the number of death certificates, with the cause of death written down as cancer, are dramatically increasing. Women are being diagnosed with breast and cervical cancer while the number of men with prostate cancer is also increasing. We have many cases of individuals seeking donations to have surgery done on growths in the stomach, jaws, throat abroad and a vast number are also succumbing to lung cancer. Costs of getting cancer treatment are steep, estimated at $500 per session and government no longer subsidises the patients because they says government has no funds.

Typhoid and Cholera are also killing many people. The annoying thing about the scourge of these diseases in Zimbabwe is that it was purely man-made. Yes, I said that! We brought cholera and typhoid unto ourselves through the failure of our government to provide us with clean water and ensure sanitation for its citizens. Meanwhile, the bosses at the municipal councils responsible for collecting our rubbish bins, repairing our sewer pipes and providing us with clean water were always whining that there was not enough money for it while they paid each other $35 000 salaries.

Tuberculosis is also killing many of our people. Fortunately, the drugs are available for free in our public hospitals so once diagnosed; an individual can be helped and healed. Although about 79% of the people treated of TB in 2011 also had HIV/AIDS, 21 % were just cases of TB-something that a lot of people have lost touch with; assuming that only HIV positive individuals can suffer from TB.

We have been doing well in our fight with HIV/AIDS. Infections reduced from 30% in 2000 to 15% in 2011. However it is worrying to note that HIV/AIDS affects more women than men as prevalence is 6% higher among women (18% prevalence) than men (12% prevalence). And so it is perplexing to understand why some people JUST don’t get what we mean when we speak of the feminisation of HIV/AIDS, or the need for addressing gender relations in ending HIV/AIDS. Can she negotiate for safe sex [with her HIV positive partner]? Can she say no to sex with her [HIV positive] husband? How many of the women will get HIV/AIDS from their [HIV positive] husband in that polygamous marriage? How many of the women will contract the disease from that serial rapist? And so the nature of the relationships [where women have less power] determines the risk [higher] of getting HIV/AIDS and reflects in the prevalence [higher among women].

What have we done well?

  • HIV/AIDS testing has significantly improved. It takes less time to get tested and the counselling services have improved.
  • The roll out of the Anti-Retro Viral Treatment (ART) has been largely successful, with free drugs being provided for patients in public hospitals.
  • The successful implementation of the Prevention of Mother to Child Transmission (PMTCT) has helped reduce new infections in children.
  • The availability of malaria and tuberculosis (TB) drugs for free in public hospitals has helped the fight against both diseases.

What have we not done?

  • We only have 2 public hospitals treating cancer – Mpilo Hospital in Bulawayo and Parirenyatwa in Harare.
  • These hospitals have very little in the form of radiation therapy equipment, drugs and manpower in the form of specialists.
  • We have not opened our eyes to the reality of the increase in cancer detections enough to take steps to prevent its outbreak.

What more can we do?

  • We need to allocate more funds to addressing all these diseases. Relying on external partners’ support is unreliable and risky and as proved by the withdrawal of funds by the Global Fund, the plug on such funds can be pulled off any minute. Government must adequately budget so that donor funds become surplus, not the core.
  • More focus needs to be paid to dealing with cancer as cancer deaths are on the increase. Further, awareness efforts on what causes cancer and how it can be cured need to be scaled up.
  • Above and beyond the policy and practice, we need to address our ethos as a people. The reality of the high HIV infections among women lies in unequal gender relations where women are unable to negotiate for safe sex. Without addressing these gender relations, women will remain vulnerable.
  • We must address corruption; Salary-gate is part of the reason why people died of cholera and typhoid. Those who sanctioned and those who took fat salaries home while some poor people drank infected and dirty water to their death bed have blood on their hands.

#CSW58-MDG 5: Promoting Maternal Health


By Rumbidzai Dube

When I reflect on the risk and sacrifices that women make in this world, it makes me wonder when, why and how it came to be that in many parts of the world, they are regarded as second class citizens. What am I saying?

According to the Zimbabwe Demographic Health Survey (ZDHS) of 2011, at least 10 women die every day due to pregnancy-related complications. Did you hear that, 10 women die every day while giving birth to children, some of them sons, who will then turn on their mothers, sisters, aunts, nieces and cousins and treat them as second class citizens. Isn’t that ironic?

Millennium Development Goal 5 is definitely one of the goals that Zimbabwe will not be able to meet. With maternal deaths estimated to be above 960 deaths for every 100 000 live births, the target of reducing maternal deaths by three quarters can remain an aspiration for now. Given that the 960 deaths are official statistics, which God knows how accurate they are, with the way our government is out of touch with the issues on the ground on so many levels, the rate is possibly even higher.

Let us assume for a minute that these statistics in fact are right, I am still perplexed by the worrying trend that factors such as education, class, location and age are no longer critical in determining who is affected. Uneducated and educated, poor and rich, rural and urban, and older and younger women are all dying in child birth. Clearly there are nuances to the problem and successfully dealing with maternal health needs exploring these. For instance, cases of celebrities who passed on in child birth, grabbed the headlines, raising the need for a more concerted effort into addressing the issue of maternal mortality.

What are some of these nuances?

  • We simply do not have enough trained health professionals to deal with the delivery of our babies. Our nurses left and we are not doing much to motivate those who remained behind to remain in our service and to be motivated at work.
  • The private health-care system has not been effectively regulated. Just in the past year I have had 2 friends and a relative who have had nasty encounters with private health practitioners. The first friend went to a reputable women’s health centre where she was told she had a growth in her uterus and needed to have her uterus cleaned. Fortunately for her, she chose not to do that and sought a second opinion. Guess what-the supposed ‘growth’ in her uterus was a baby. And to think these people have advanced machines for scans and all that other fancy stuff!!

Another friend elected to deliver her baby through a Caesarean and informed her gynaecologist of her choice. However, he kept pushing the dates for the performance of the Caesarean forward, in what she feared was an attempt to create complications in her delivery, leading to her increased stay in hospital and increased bill=more money for the doctor.

My other relative had had two babies, delivered through normal births without any complications. However for her third baby, the doctor dramatically chose to ‘induce’ her labour prematurely. She could not understand why he did so when her labour was not delayed and her pregnancy was advancing normally. Eventually she found out why when the bill came with a breakdown of:

  1. Costs for inducing labour
  2. Costs for delivering the baby
  3. Costs for doing the ‘stitches’ on the mother
  4. Costs of medication to clean the wounds

She also complained that the same doctor had developed a reputation of forcing women whose babies he delivered to have more ‘stitches’  or proclaim non-existent complications requiring caesarean delivery because doing so meant he would charge more for sewing them back together and performing the surgery. It seems the love for money far exceeds the observance of medical ethics these days.

What have we done well?

  • Our implementation of the Prevention of Mother to Child Transmission programme (PMTCT) has significantly reduced cases of HIV/AIDS infections in children at birth. HIV testing has improved and the responsibility lies with the mothers to choose life for their children.
  • The adoption of the National Campaign to Accelerate the Reduction of Maternal Mortality (NCARMM) directly corresponding with the African Union (AU) Campaign on the Accelerated Reduction of Maternal Mortality in Africa in itself is an important development as it affirms government’s recognition that maternal mortality is a serious problem that needs addressing.

What have we not done well?

Government admits that most maternal deaths are a result of time taken to seek healthcare because of ignorance or lack of funds to pay for hospital care; time needed to reach a healthcare because hospitals are too far and there is no easily accessible transport to and from the health facility or the cost to do so is high and unaffordable and time taken to access care at the health facility-where there is generally an air of neglect of women in health-care facilities by highly unmotivated nurses.

Generally health services are inaccessible particularly in rural areas where hospitals and clinics are not within easy reach and the transport networks to the major clinics and hospitals are not easily accessible. Increasingly, the service in hospitals, particularly public/government hospitals, has deteriorated and has become poor. Pregnant women suffer neglect in hospitals resulting in some avoidable losses and deaths. Socio-economic challenges, related with the current economic environment significantly impact women’s access to medical services as they cannot afford to pay the user fees. There has been reduced uptake of contraception for inexplicable reasons.

What more can we do?

  • We need to adequately fund all our health institutions. Although a government policy stating that women should not pay user fees exists, it is impractical. If clinics do not make women pay, then they will not have the gloves, medication and swabs to attend to the women at child birth. Until and unless government adequately funds these facilities then the assertions that user fees have been scrapped will remain what they are; mere rhetoric!!
  • We must address religious and traditional practices that deny women access to medical facilities or that delay until patients are in critical condition. Zvitsidzo (Apostolic sects’ version of maternal wards), located in bushes in the middle of nowhere, secretive and denying access to the public, are an example of how maternal care is being compromised. Because of the veil of secrecy that these sects throw over these spaces, it is not clear how many women actually die and whether there are any complications that women have to live with for the rest of their lives for failing to give birth in certified maternal health care facilities.
  • We must maintain our reliable supply of contraception BUT we must find out, through comprehensive research, why there is reduced uptake of contraceptives.
  • We must take measures to motivate our nurses to do their jobs effectively. Without the necessary incentives, women will continue to lose their lives in avoidable circumstances.

#CSW58- MDG 2: Achieving Universal Primary Education


Of all the millennium development goals (MDGs), achieving universal primary education is something that Zimbabwe has recorded tremendous progress in.  We boast of the highest literacy rate in Africa, recording an impressive 90.7%; the only country on the African continent with a literacy rate above 90%. I, as some Zimbabweans do too, consider these statistics with a pinch of salt, given that in my context-it is not how the world views us but how we view ourselves that matters the most. Even though we may be considered highly educated, I am disgruntled with the quality of education that our children are receiving. The education system is fraught with challenges, among these;

  • the inability of parents to pay fees because of the harsh economic climate resulting in school drop-outs and frequent absenteeism;
  • the inability of government to protect children who cannot pay fees from getting expelled from school. Even though policy says children should not be expelled, its implementation is weak;
  • the brain drain which has seen  many qualified teachers migrating to so called “greener pastures” because they can’t stand a life of grooming other people’s children to become significant members of society while their own become paupers given their meagre salaries;
  • the lack of motivation amongst our teachers because of their poor working conditions characterised by low salaries and no incentives, which causes them not to teach our children in normal time and forces parents to pay for “extra-lessons;” and
  • the challenges that the examination body; the Zimbabwe Schools Examinations Council (ZIMSEC) faces in creating examination scripts, disseminating examination material, marking examinations and distributing results of examinations on time.

It is consoling however to hear that enrolment into primary school is still high despite the fact that primary education is not free anymore as it was soon after independence. Rural areas record higher rates of enrolment (84.1%) than the urban areas (73.4%). This could partly be explained by the fact that the majority of Zimbabwe’s population resides in the rural areas. The number of girls in primary school also remains high, although dropouts begin to increase from secondary level going upwards.

Picture Credit: Eileen Burke-Save the Children

Picture Credit: Eileen Burke-Save the Children

What have we done well?

  • The Basic Education Assistance Module (BEAM) has been instrumental in enhancing girls’ and boys’ access to education, especially orphans and other vulnerable children. This programme has paid school fees and other levies for the under privileged members of society. However it is worrying that this programme is undergoing financial challenges, meaning that many of its beneficiaries have been left stranded and are likely to fail to continue going to school.

What have we not done?

  • Our budgetary allocation to education remains low. The United Nations Educational, Scientific and Cultural Organisation (UNESCO), recommend that an education budget should be at a minimum 6% of the Gross National Product. Although we have done this to the book, our economy’s performance means that this amount is so little that it only pays for teachers’ measly salaries.
  • We have not been compiling statistics on the completion rate of primary level education by girls, to understand in particular why girls drop out of school. This would help us to understand the prevalence of some of the factors that cause girls to leave school such as child marriage,early marriage, sexual violence against girls, teenage pregnancy, domestic servitude and inability to pay fees and how much girls suffer because of it. It would also help us to know where we should focus our interventions.

What more can we do?

  • We used to have free primary education soon after independence, what happened to that? Now parents have to bear the costs of sending their children in a challenging economic environment. Let us bring it back if we want to ensure that we have an educated nation. Primary education is the most basic form of education and if we can’t give that to our citizens then what kind of population are we growing?
  • It is clear that some traditional and religious practices are preventing children from going to school or continuing with their education kunyanya mapostori. Mere policy encouraging them to send their children to school remains inadequate. We need stronger penal provisions to force such religious sects and traditionalists to conform and allow their children to have the most basic need in their lives; an education. If politicians are going to mix and mingle with mapostori when they campaign during elections, but fail beyond the campaigns to have meaningful dialogue with them about treating their women and children better,  then the politicians have failed us all and these children.
  • We allowed our schools, especially primary schools to be used as political bases where rallies and political meetings were held. In the 2008 election period, such activities were marked with devastating levels of violence which children either experienced or witnessed resulting in some dropouts. Teachers were also targeted, some beaten, others abducted and causing many teachers to desert their posts and migrate. Most of these were replaced by unqualified temporary teachers. Cumulatively, this has also affected the quality of our education and we need to address this and ensure the highest quality of education.

We love bragging, and we have reason to brag because we are better educated than all the other African countries but can our government fix all these problems already so we brag some more!

Zimbabwe’s Macho Men: Sexualised Violence against Men by Men


Sexual violence is seldom about the sexual act itself but about power and humiliation regardless of whether it is performed against a woman or a man. It is acknowledged, but not well documented, that men suffer from sexual violence perpetrated by other men during conflict, be in armed conflict or low level political conflict as the Zimbabwe context.

Men and boys are reluctant to report sexual violence because of the stigma associated with it that makes it very difficult to accurately assess its scope, but, despite these challenges, a small study was undertaken to establish whether there are cases of politically motivated sexual violence in Zimbabwe, particularly in the last 12 years.  This report is based on the results of this study, which was done through the administration of a questionnaire prepared by RAU.

The study revealed interesting findings some of which are detailed below:

·         Men were uncomfortable and unwilling to speak about their own experiences with sexual violence, but more open when asked whether their wives were victims and the consequences of this;

·          Only one man admitted to being a perpetrator of sexual violence; he stated that he held down a victim while others raped her;

·         Almost all stated that women are affected differently by violence because of the physical differences of the sexes; men are much stronger than women and can withstand the violence;

·         They stated that sodomy, forced to have sexual intercourse either with a woman or another man, forced to gang rape women, having their genitalia touched, forced to strip in public and any indecent sexual act without consent were all forms of sexual violence than men can suffer;

·         The violence occurred either at a base or at home in front of other people.

Recommendations

·         Further research needs to be done on politically motivated sexual violence focusing on both male and female victims, looking at the prevalence and the effects.

·         Protection mechanisms need to be set up for victims of sexual violence to enable them to receive treatment and counseling in safe spaces.

For the full report please go to our website: www.researchandadvocacyunit.org

Key Statistics from the June 2013 Voters’ Roll


Today the Research and Advocacy Unit [RAU] launches a preliminary report on an audit conducted on the June 2013 Voters’ Roll. The audit was done initially at the request of MDC-T, but RAU has done the audit on the understanding that its analysis would be wholly professional and independent of any political party affiliation or consideration. RAU carried out a previous audit of the 2008 Voters’ Roll in 2009 – 2013 Vision – Seeing Double and the Dead. A preliminary Audit of Zimbabwe’s Voters’ Roll.

Embargoed copies of this preliminary report have been given to the Zimbabwe Electoral Commission (ZEC), with a request that the Commission makes this report available to all registered political parties contesting the forthcoming elections. This was done in an effort to assist the Commission, and all interested parties, in establishing the conditions for an election that conforms to the SADC Principles and Guidelines for the Holding of Democratic Elections, one of the conditions suggested by the SADC Facilitator as necessary for Zimbabwe to fully comply with the Global Political Agreement that SADC agreed to guarantee.

This preliminary report, however, raises very serious matters to be considered ahead of the elections, now to be held on 31st July, and, in short, suggests that there are serious shortcomings with the current Voters’ Roll. RAU will, in due course, issue a second, more comprehensive report on the June 2013 Voters’ Roll, and will hope to undertake a further analysis of the final version of the Voters’ Roll to be used in the forthcoming elections.

In brief, today’s report indicates the following:

·         Comparing the June 2013 Voters’ Roll with the 2012 Census, there are 63 Constituencies where there are more registered voters than inhabitants;

·         There are currently nearly 1 million potential voters aged under 30 years who are unregistered, but this may change in the aftermath of the intensive voter registration exercise;

·         There are well over 1 million people on the roll who are either deceased or departed;

·         That 40 Constituencies deviate from the average number of voters per constituency by more than the permitted 20%.

Copies of the full report can be obtained from the RAU website [www.researchandadvocacyunit.org].

The harassment of justice: A tale of a tale


A couple of months ago, I published “The Story of Beatrice Mtetwa-A Red Herring’ in which I posed a number of theories pertaining to Beatrice’s arrest. One of them was that Beatrice’s arrest was an intimidation tactic by state agents of all citizens who would wish to take the same stand as Beatrice; i.e. the stand to fight against any injustice visited upon individuals who are fighting for human rights and fundamental freedoms of citizens. I emphasised that Beatrice’s persecution and vilification was meant as an example calculated to ensure that sufficient fear was planted in all of us so that whoever doesn’t toe the correct political line, will face the full wrath of those in power, under the guise of the law.

This theory seems the most relevant given the continued onslaught that the state has launched against Beatrice. This blog however seeks not to over-analyse the reasons behind the onslaught but rather to give an update of how this case has proceeded.

  •  17 March: Beatrice Mtetwa was arrested in Avondale. On arrest she was charged with obstructing or defeating the course of justice in contravention of Section 184 (1) (g) of the Criminal Law (Codification and Reform) Act.
  • 18 March: at exactly 0151 a.m.  High Court Judge Charles Hungwe, from his home, ordered Beatrice’s immediate release. He argued that there was no basis for her continued detention since the allegations laid against Beatrice did not reveal a criminal offence.
  • 18 March: around 0230 a.m. Beatrice’s lawyers served Justice Hungwe’s order on officers at Rhodesville police station. The police officers refused to release Beatrice.
  • 18 March: Beatrice’s lawyers lodged an application in the High Court stating that the refusal by the police to enforce Justice Hungwe’s order was in contempt of court.
  • 18 March: Beatrice was told that she would appear in court on 19 March and based on this information her lawyers withdrew their application.
  • 18 March: Justice Hlatshwayo dealt with the withdrawn application and dismissed it with no reasons given.
  • 19 March: Beatrice appeared before Magistrate, Marehwanazvo Gofa, at Rotten Row Magistrates Court represented by Advocate Thabani Mpofu to determine her remand conditions. Advocate Mpofu argued that this hearing should not have been done in the Magistrates Court since an order of the High Court a more superior court had already granted Beatrice’s release.
  • 19 March: Advocate Mpofu argued that Beatrice had not been treated well in police custody because in the dead of the night, on 18 March two male police officers entered Beatrice’s detention cell at Rhodesville Police Station and attempted to uncover her from her blankets. Beatrice feared that she might be raped.  Further, she had not been allowed to bath since her arrest.
  • 19 March: the Magistrate ruled that the case was rightly before the Magistrates Court because the issue of her placement on remand was separate from the issue of her detention in police custody.
  • 19 March: Beatrice’s lawyers proceeded to request that she be remanded out of custody and gave reasons why she should be granted bail including that she is a highly reputable and established lawyer, with no criminal record.
  • 19 March: the Prosecution requested an adjournment to respond to Beatrice’s lawyers’ argument and the Magistrate adjourned the case to 20 March 2013.
  • 20 March: the State argued that Beatrice should not be granted bail because the charges she was facing were very serious, that she would likely abscond because she had a foreign passport, or that she would interfere with investigations if released and that her release would set a dangerous precedent. “Anarchy would prevail”, they argued.
  • 20 March: Magistrate Gofa bought into the prosecutor’s argument and dismissed Beatrice’s bail application and remanded her in custody to 3 April.
  • 21 March: Beatrice’s lawyers appealed this decision in High Court.
  • 22 March: Justice Joseph Musakwa heard the appeal.
  • 22 March: State requested adjournment of the appeal to ‘allow time to submit their response.’ Justice Musakwa agreed to the adjournment and set down the appeal hearing for 25 March.
  • 25 March: Justice Musakwa granted Beatrice $500 bail setting aside the Magistrate’s on the basis that Beatrice’s reputation was too great to be ignored and that the police had not shown how much of the investigation was left to be “interfered with.”
  • 3 April: Beatrice appeared before Donald Ndirowei for a routine remand hearing. Magistrate Ndirowei postponed the matter to 8 April to allow the State to determine a trial date and her lawyers to challenge her being remanded.
  • 5 April: the prosecution served Beatrice with papers setting out their case against her.  The prosecutors added fresh allegations against Beatrice.  The fresh allegations stated that on top of saying “Stop whatever you are doing, it’s unconstitutional, illegal and undemocratic,” as was the case in the initial charge, Beatrice had also said “You confused cockroaches”  “Murimbwa dzaMugabe” i.e. “You are Mugabe’s dogs” and that she had conducted herself in an ‘indecent’ manner when she threatened to relieve herself in a public place.The case named nine witnesses set to testify. These were:
  • Chief Superintendent-Luckson Mukazhi
  • Detective Assistant Inspector-Wilfred Chibage
  • Detective Constable-Ngatirwe Mamizi
  • Detective Sergeant-Taizivei Tembo
  • Assistant Inspector-Thabani Nkomo
  • Chido Chawanikwa-a police officer
  • Stembiwe Vera-a caretaker at Prime Minister Morgan Tsvangirai’s research and development office
  • Brian Mutusva-a computer technician in the Prime Minister’s Office and
  • Zororai Mudariki-a driver.
  • 8 April: Beatrice appeared in the magistrates’ court. The state’s case was led by Tawanda Zvekare, Acting Director of Public Prosecutions in the Attorney General’s Office, assisted by Michael Mugabe, a chief law officer.
  • 8 April: Beatrice was remanded on bail and the case was adjourned to 27 May when the trial was expected to begin.
  • 27 May: Beatrice’s case was set to start at Rotten Row Magistrates Court presided over by Magistrate Tendai Mahwe. The trial failed to start on time because Tawanda Zvekare, the Acting Director of Public Prosecutions in the Attorney General’s Office and Michael Mugabe, the chief law officer who were leading the prosecution did not arrive at the court on time. The trial was also delayed because the designated courtroom did not have the necessary equipment to record the proceedings. Then when eventually a courtroom with equipment was found, power went off.
  • 27 May: Magistrate Tendai Mahwe postponed Beatrice’ trial to 8 June 2013.
  • 8 June: Magistrate Tendai Mahwe recused himself from presiding over Beatrice’s trial after she had filed an application for such recusal stating that Magistrate Mahwe had already heard the testimony that her witness would give in another case.
  • 10 June: Beatrice’s trial kicked off at Rotten Row Magistrates Court presided over by Magistrate Rumbidzai Mugwagwa. She was represented by her lawyer, Harrison Nkomo. Beatrice pleaded not guilty to charges of defeating or obstructing the course of justice.
  • 10 June: Magistrate Rumbidzai Mugwagwa postponed Beatrice’s trial to Saturday 15 June 2013 to allow her lawyer to attend to some other matters in the High Court.
  • Meanwhile the trial continues with hearings held each Saturday and we wait to hear what the final verdict will be.

Anomalies with this case

  • Arrest of a legal practitioner while conducting her duties;
  • Contempt of court by police officers ignoring a High Court order;
  • Retrial by the Magistrates Court of an issue that had already been decided by a higher court;
  • Harassment of a High Court Judge for ordering the release of an upright human rights defender;
  • Display of political intolerance and disregard for constitutional and legal guarantees of freedom and rights of citizens.

**** If convicted, Beatrice stands to serve a maximum penalty of either a fine of $400 or 2 years’ imprisonment, or both fine and imprisonment. ****

 Acknowledgement goes to Zimbabwe Lawyers for Human Rights, Sokwanele, Veritas, Kubatana and a few other independent sources of information for the information resources used to compile this update.

ZIMBABWE’S DUAL LEGAL SYSTEM


Zimbabwe is often stated to have a “dual legal” system, whereby traditional customary laws run parallel to the formal and statutory laws of the State. However, it now seems increasingly possible to say that another duality is emerging, the law as it is and the law as interpreted by ZANU PF, its sycophants, acolytes and supporters, overt or covert. Curiously enough Dr. Madhuku has recently made several odd pronouncements on the law which are closer to the latter than the former and seem more in keeping with his announced intention to venture into politics, than as a legal expert.

His latest such pronouncement, if the Herald of Monday 17th June 2013 is to be believed, is that Mugabe is unable to approach the Constitutional Court, as requested by SADC, to extend the 31st July election date deadline, as was ordered in the Mawarire case on the 31st May, 2013. The apparent basis for this contention is that the Concourt is unable to alter an order which has already been implemented.

This contention is bizarre. Subsection 38(4) of the Electoral Act specifically allows the dates given in an electoral proclamation to be changed by the President. According to Dr. Madhuku’s argument, since the Constitutional Court order has already been implemented, the President would be free to use subsection 38(4) to move the election date beyond the 31st July, without being in contempt of court, as he had already implemented the order as required. This is manifestly not so. The clear import of the Concourt order is that whatever election date is proclaimed, either as originally set or as altered, it must be one which ensures that the election takes place before 31st July. (And here we are supposed to ignore the argument advanced by Dr Madhuku and the Minister of Justice in 2008 around the date for the Presidential run-off election, that “the election” does not mean the date of voting but the entire electoral process ending only upon the announcement of the result – an argument which now seems forgotten in applying the Concourt order).

It seems necessary to state the obvious. The logic of the Concourt judgment, and the order issued, is that the election date the President must set, must be one that ensures that the election is held before the 31st July. If he wishes to use section 38(4) to change this date, to avoid being in contempt of court, he must approach the court to indicate why he is unable to apply the order – as he did so many times before in the case of the court orders issued around the by-elections.

There is a difficulty here, however. The basis upon which the extension could have been requested has changed. Initially it seemed that the President could not comply with both the Concourt order and the Constitution and electoral legislation. The Constitution requires a 30 day intensive registration process which the parties agreed in Cabinet had commenced on the 9th June (though which the Minister of Justice has since claimed was somehow self- implementing the moment the new constitution was passed). The Electoral Act provided/provides that voter registration must end the day before the nomination court sits. Thus the nomination court could not sit before the 9th July, and, as the Constitution provides that elections can be held no sooner than 30 days after this, bringing elections to the 9th August, there could be no simultaneous compliance with the Concourt order. Furthermore, the new constitution also provided that the Electoral Act could not be changed once the election dates had been announced. As the constitutionally mandated amendments were unlikely to come before parliament before the 17th June, and the new constitution requires a minimum 44 day period between the proclamation of the election date and the election itself (now interpreted to mean election day), once again it seemed that the need to amend the Electoral Act meant that the Concourt order could not be complied with without breaching the Constitution.

The President attempted to deal with both these problems by use of the Presidential Powers (Temporary) Measures Act (PPTMA). He thus issued Regulations, purportedly under that Act, not only incorporating the amendments to the Electoral Act relating to proportional representation etc, but also, reportedly, to change the Electoral Act so that voter registration may continue after nomination day.

This then supposedly resolved the problem of the constitutional requirement of the 30 day intensive registration period and the difficulty of amending the Electoral Act before proclaiming the election dates. The extension of 31st July deadline on the ground of unconstitutionality was thus seemingly extinguished.

However, the Regulations issued under the PPTMA are themselves unconstitutional. This is not on the basis of section 134 of the new Constitution, which precludes Parliament from delegating its law making authority, as the Prime Minister’s office has suggested, since is not yet in effect. It is because both the old and new constitution specifically require that electoral law is made only “by an Act of Parliament” and emphasises this is so particularly in relation to voter registration, a provision, as noted above, that the President has purported to alter by Presidential Regulation and not an Act of Parliament.

In considering the extension of the July, 31st the Concourt may be asked to rule that using the Presidential Powers (Temporary Measures) Act, as the President has done, to alter the Electoral Act is illegal, and that the problems relating to the amendment to the Electoral Act and the 30 day registration period remain, rendering the 31st July date constitutionally impossible.

However, the same judges who will adjudicate this matter have been reluctant to interpret the PPTMA as being restricted in this way by the Constitution. In 2002 in the matter of Tsvangirai v Registrar General, when precisely this issue was raised, only Sandura JA dealt with the point, holding that the PPTMA could not be used to amend electoral legislation. The remainder of the judges sidestepped the issue, and (astoundingly) held that Tsvangirai did not have the right to approach the court (locus standi) on the matter. Furthermore, if the President or the Minister of Justice makes the application for the extension, neither of the two could be expected to suggest to the court that the use of the PPTMA to amend electoral legislation, was illegal, now the sole basis for the extension.

An alteration of the 31st July deadline will also be a tacit admission by the Court that its order in the Mawarire case was legal nonsense. It will thus be a matter of no little interest as to how these judges will approach the Application to change the date, which has now been filed by the President.

Derek Matyszak

19.06.13.

Reforms and elections: The need for a Transitional Executive Council


When South Africa was faced with the problems of negotiating its transition by an election in 1994, it produced an extremely important mechanism to ensure that the election would be free and fair, and that the overwhelming power of the South African state (dominated by the National Party) could not be used to the advantage of the government in power. It did this by creating a Transitional Executive Council, a body that would exercise some of the delegated powers of the government and Parliament. This was a highly successful innovation that, in fact, was crucial to South Africa holding a wholly valid election, and moving safely to a change of regime. The TEC idea has considerable merit for Zimbabwe presently.

Consider the objects of the TEC:

(a) creating and promoting a climate for free political participation by endeavouring to:

(i) eliminate any impediments to legitimate political activities;

(ii) eliminate any form of intimidation which has a bearing on the said transition;

(iii) ensure that all political parties are free to canvass support from voters, to organize and hold meetings and to have access to all voters for the purposes thereof;

(iv) ensure the full participation of women in the transitional and electoral structures and processes; and

(v) ensure that no Government or administration exercises any of its powers in such a way as to advantage or prejudice any political party;

(b) creating and promoting conditions conducive to the holding of free and fair elections;

 

Now the whole object of passing the Transitional Executive Council Act in 1993 was specifically to overcome similar problems to those currently faced by Zimbabwe. This highly innovative and courageous solution to the polarization in South Africa needs investigation by Zimbabweans[1].

Zimbabwe currently has a security sector blatantly (and illegally) expressing affiliation to apolitical party; the whole administrative apparatus (civil servants, local government officials, traditional leaders, etc.) of the state also affiliated to one political party; and finally the (mostly) discredited electoral machinery under the control of one political party. These are hardly the conditions under which a genuine, democratic election can take place, and this is the litany continuously and loudly proclaimed by political parties and civil society.

But how to then change this situation in the rapidly closing space ahead of the elections? Certainly there is insufficient time for legislative reform: there was barely enough time to pass the amendments to the Electoral Act, although this now seems remedied by Presidential decree. And it is certainly the case that both political parties and civil society generally has paid far too much time to the constitutional process and too little time to the process of reform. There have been many opportunities for the two MDCs to engage the crucial matters around reform, but this is not the place to recollect the missed opportunities. There has been a great opportunity under the GPA for civil society to re-position itself again as the watchdogs over the Inclusive Government, but this too has been largely lost.

This may all be water under the bridge with elections now slated for 31st July, but what was needed is for the political parties to agree that, taking a leaf out of the South African book, there is need to create the appropriate oversight bodies to ensure that the elections conform to the SADC Principles and Guidelines for the Holding of Democratic Elections. As was the case in South Africa, the government needed to create a Transitional Executive Council, and the requisite number of sub-Councils) to oversee the process.

This, of course, requires the political will to delegate much of the powers of the Government and the Presidency to a new body, but this is what was done for the South African elections in 1994, and the world acclaimed both the process and the wisdom of the political leaders: Nelson Mandela and F W de Klerk were awarded the Nobel Peace Prize.

How would this work in practice?

By Act of Parliament, an overall body would have been established to run the country up until the results were announced. This body would have been composed of representatives of all political parties, and it, in turn, would have established the sub-bodies to provide oversight of the electoral process. This needed not to be as comprehensive as was the case in South Africa where a large number of sub-councils were established: law and order, stability and security, defence, intelligence, foreign affairs, status of women, finance, and regional and local government and traditional authorities.

For Zimbabwe, only four key sub-councils would have been necessary: security sector (police, army and intelligence), media, local government, and traditional leaders. These would have been sufficient to ensure that the partisanship seen in all these areas was at least minimized. All Zimbabweans know that these are the critical institutions that allow or disallow free democratic activity, and, if constrained from being partisan, they could create the conditions for the kinds of poll that all Zimbabweans dream of. That Zimbabweans dream of freely and fairly voting is so evident from the recent referendum: that one million more voters turned out than in the previous elections in 2008 not only points out how many are currently disenfranchised, but also shows how keen Zimbabwean citizens are to participate in the political life of the country.

Could Zimbabweans ask for any less than this in our extremely vexed and polarized position? Could SADC ask for less in the light of their continual demand for reform? Will the President take this final opportunity to leave the legacy of an election that all can be proud of? Perhaps then we can have an election where, whichever party wins, the citizens can move into to the future knowing that they have freely elected the government of their choice?

However, another opportunity has been lost, and once again democracy is likely to be the loser in Zimbabwe.


[1] For a copy of the Transitional Executive Council Act,  see the Southern African Legal Information Institute. ]http://www.saflii.org/za/legis/num_act/teca1993336/]