NewsHawks 24 December 2021

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Friday 24 December 2021

WHAT’S INSIDE NYeEaWr oSf CBUurStIiNs EtoSS DSPrOamRTa,
the drugs step down scandal and
menace as Caledonia agony rolled
bombshell Mining CEO in one

Story on Page 9 Story on Page 65 Story on Page 80

Minerals MERRY
looting CHRISTMAS
sparked
Chief The Managing Editor and staff of
Murinye’s The NewsHawks wish you a happy
outburst Christmas and a properous New Year.
Please note that this is our last issue of the

PDF version for the year 2021.
We will be back on Friday 14 January
2022, although our social media platforms

will constantly be updated with
fresh news on a daily basis.

We take this opportunity to thank you all
our stakeholders for your support
throughout the year 2021.

— MANAGING EDITOR

ALSO INSIDE Botswana gold investors seek interdict against intimidation

Page 2 News NewsHawks

Issue 62, 24 December 2021

MORRIS BISHI Minerals looting sparked
Chief Murinye’s outburst
CHIEF Murinye, Ephias Munodawafa, who by the President’s relatives, associates and mem-
torched a storm last week after urging President that he will not accept his proposal with reasons. Chief Murinye, Ephias Munodawafa bers of the security establishment.
Emmerson Mnangagwa to tackle corruption We are used to it and this corruption issue is wrong, and l know you are aware of the cabal
among his close allies and family members, is something we always witness happening in our which is known for looting minerals in our The NewsHawks extensively covered the gold
well-known for speaking his mind despite being areas, so l don’t see any reason to blow this issue province. We are aware of what is happening as rush at Wondedzo Hill in March, which culmi-
a traditional leader, but his rant followed frus- out of proportion,” one chief said. traditional leaders and it is only a matter of time, nated in villagers protesting against the looting,
tration over the looting of gold and chrome by we cannot be quiet forever.” prompting riot police officers to fire shots.
President Emmerson Mnangagwa’s cronies, The Another chief said: “We are witnessing how
NewsHawks has learnt. people are living in abject poverty, while leaders In his outburst, Chief Murinye complained The community was barred from mining at
loot resources on a daily basis. that people close to Mnangagwa were grabbing the hill, but syndicates linked to minister of
Murinye's speech at a funeral in his area minerals and said the President’s sons should be State for Masvingo Ezra Chadzamira were al-
forced Mnangagwa to call a meeting with chiefs “The issue of corruption is the one which is reined in. He also complained about the looting lowed to continue extracting gold ore. President
where threats were issued by authorities in order killing our economy . . . Murinye did nothing of gold at Wondedzo Hill in Masvingo North Mnangagwa’s close relatives, Zanu PF provincial
to avoid similar occurrences. members and members of the uniformed forces
were also looting gold at the hill.
Vice-President Constantino Chiwenga
threatened the chief with disciplinary action Chadzamira and Mnangagwa’s sons have
for speaking against Mnangagwa, saying he was been linked to the looting of gold and chrome at
Zimbabwe’s paramount chief, "the great Mun- several places in the province, including Masha-
humutapa". va and Bhuka. There was also an uproar after
their runners looted gold at a farm near Muten-
“We have a Munhumutapa (Mnangagwa), we di Estates earlier this year.
have a leader and it is this leader that we respect.
It is this leader that we are showing the whole Hundreds of tonnes of stolen Pfumvudza
nation what respect is. Thus, what was done by inputs were this week discovered in Masvingo
Chief Murinye will be investigated by the min- and Chiredzi, a development which exonerated
ister of Local Government and the Council of Chief Murinye as it emerged that the loot was
Chiefs and, if found guilty, disciplinary action earmarked to be used as a campaigning tool at a
will be taken,” Chiwenga said. time the ruling party is about to hold its provin-
cial elections.
“This is Zimbabwe. I thought I should say
this, I respect Munhumutapa (President Mnan- Former MDC Alliance member of Parliament
gagwa) and no one touches him while I live.” for Masvingo West Jeffrison Chitando told The
NewsHawks that Murinye cannot be linked to
Chiefs in Masvingo, however, told The New- opposition politics since he used to clash with
sHawks that Murinye had nothing to apologise him when he was still a legislator.
for, since he was airing frustrations shared by
the majority of people under his jurisdiction. “I clashed with this man several times and we
They revealed that people close to the President are from the same area. He is from Mutusva area
were enriching themselves by grabbing gold and and at one time he wanted his subjects to dig
chrome claims. a trench of water from Mutirikwi to his area, a
move which l opposed. At one time he wanted
They also said Mnangagwa’s associates were to fine me beasts for hosting a rally in the area
enriching themselves at the expense of ordinary so it is difficult to link him to opposition politics
people through corruption, hence the outburst but things can change maybe he is now seeing
by the chief. the light,” Chitando said.

The traditional leaders said Murinye is known In his outburst, Murinye said he is a Zanu PF
as a person who always speaks his mind, even in supporter, but warned that Mnangagwa would
chiefs’ meetings. They said it is unfair to link his not win the 2023 elections if corruption con-
speech to any political faction since it is always tinues.
his tradition to speak fearlessly against injustice.

“This is an issue which l can talk to you anon-
ymously about. You know this is now a hot is-
sue. I think people are not ready to be told the
truth. Murinye is known for speaking his mind,
he is that kind of person who cannot hide his
mind because of fear or something. This is
known by all chiefs that the guy can even stand
up and tell anyone regardless of his or her status

Chief Murinye’s rant followed frustration over the looting of chrome, among other minerals, by President Emmerson Mnangagwa’s family members and associates.

NewsHawks News Page 3

Issue 62, 24 December 2021

BRIDGET MANANAVIRE Mnangagwa sued for appointing
Chinamasa AirZim board chair
PRESIDENT Emmerson Mnangagwa has
been dragged to the Constitutional Court for “By failing to take cognisance of the fact rendering his conduct unconstitutional and Air Zimbabwe is in administration.
behaviour that is inconsistent with provisions that the right to appoint directors falls with- invalid,” the draft order reads. dent acted ultra vires s6 of the Reconstruc-
of the constitution after the appointment of in the scope of the exercise of fundamental tion of State Indebted Insolvent Companies
Zanu PF politburo member Patrick Chinam- rights, the First Respondent’s conduct was in- “By allowing and actively participating in Act and in so doing failed to uphold, defend,
sa as Air Zimbabwe director and board chair- consistent with the duties imposed upon him the appointment of Chinamasa, whose effect obey and respect the Constitution as set out
person, while the parastatal is under judicial by s90(l) and s90(2)(c) of the Constitution was to create an absurdity of a company hav- in s90( I ) and to uphold the rule of law as per
management. ing two centres of control, the First Respon- s(90)(2)(c) of the Constitution.”

Mnangagwa and his lawyer Edwin Manikai
are being sued together by Tichaona Mupa-
siri.

In his 16 December court application,
Mupasiri is seeking an order to declare that
Mnangagwa’s action constitutes conduct that
is inconsistent with the constitution.

“The First Respondent’s appointment of
Chinamasa as Director and Chairman of Air
Zimbabwe, a company whose control and
management was divested from its directors
and shareholders and vested in an Adminis-
trator appointed by the Minister of Justice
pursuant to the operation of the Reconstruc-
tion of State-Indebted Insolvent Act 2005,
constitutes conduct that is inconsistent with
the Constitution as follows:

“By engaging in a self-help scheme, inter-
posing himself as a shareholder of Air Zimba-
bwe, the First Respondent failed to fulfil his
obligations in terms of s90 ( I ) and s90(2)(c)
by clothing himself with right to amend the
Reconstruction Act that specifically vests the
control and direction of the company under
the Administrator.”

“By knowingly and intentionally appoint-
ing Chinamasa to be a Chairman of Air
Zimbabwe, a juristic entity in its own right,
the First Respondent had no title to do and
usurped the power and authority of share-
holders of the company, to the extent that
the then Companies Act could operate con-
currently with the Reconstruction of State-in-
debted Insolvent Companies Act.”

Mupasiri said Mnangagwa knowingly and
intentionally offended the fundamental rights
and freedoms of shareholders and creditors
involved in the affairs of the company by
appointing a representative of the company
who was not accountable to shareholders but
to him.

Zanu PF activists take US govt to court over sanctions

ORGANISATIONS calling themselves the The US President Joe Bidden is the first respondent opposes this application, pay the costs of the
Zimbabwe Anti-Sanctions Movement and suit.”
Zimbabwe Against Sanctions have filed a mo- public of South Africa, unlawful, unconstitu- babwe (31 C.F.R) implemented by the Office
tion to drag United States President Joe Bidden tional, and invalid,” the notice reads. of Foreign Assets Control (Ofac), and applied The US president is the first respondent,
and US lawmakers to the South African High within the Republic of South Africa, unlawful, while the President of the US Senate is cited as
Court seeking an order declaring that the Zim- “Declaring that the ‘Zimbabwe Sanctions unconstitutional, and invalid. the second respondent.
babwe Democracy and Economic Recovery Act Programme’ instituted by Executive Orders
of 2001 (ZDERA) is unlawful, unconstitution- 13288; 13391; 13469, applicable laws and “That the first, second, third, fourth, fifth, The third respondent is the speaker of the US
al and invalid. implementing regulations pertaining to Zim- and sixth respondents, and any other party who House of Represantatives while the secretary of
the US Treasury is the fourth respondant and
The notice was filed with the Gauteng Local Ofac is the fifth respondent.
Division of the High Court in Johannesburg.
The chairperson of the US Committee of
Among other stipulations, ZDERA restricts Foreign Relations was listed as the sixth respon-
the US from voting in support of new assistance dent.
to Zimbabwe from international financial insti-
tutions (IFIs), except for programmes that meet The Bank of America and American banks
basic human needs or promote democracy. as well as the South African Reserve Bank and
South African financial institutions were also
The measures, which the Zimbabwean gov- cited among respondents.
ernment describes as sanctions, were introduced
after a deterioration of human rights, proper- “Take further notice that if you intend op-
ty rights and rule of law by former president posing this application you are required: (a) to
Robert Mugabe’s administration. The measures notify the applicants’ attorneys in writing of
have been renewed annually since then because your intention to do so within five days of your
of a failure by Harare to introduce reforms. receipt of this application and in such notice
to appoint an address referred to in Rule 6 (5)
Harare, however, blames ZDERA for the (d) (i) at which you will accept notice and ser-
country’s economic woes, although critics ar- vice of all documents in these proceedings; and
gue corruption and bad governance are the ma- (b) within fifteen days of service of the notice
jor causes. referred to in paragraph (a) above, to file your
3 answering affidavit, if any,” the notice reads.
“Be pleased to take notice that the applicants
intend to make application to this Honourable “If no such notice of intention to oppose is
Court for an order in the following terms: given, the application will be made at 10h00
on 11 January 2021, or so soon thereafter as
“Declaring that the 'Zimbabwe Democracy counsel may be heard.”
and Economic Recovery Act of 2001’ (ZIDE-
RA) passed by the United States Congress and The organisations said an affidavit by Zanu
Senate, renewed periodically by the United PF activist Rutendo Matinyarare and others
States Government, and applied within the Re- will be used in support of the application.

— STAFF WRITER.

Page 4 News NewsHawks

Issue 62, 24 December 2021

Obert Mpofu evicted from farm

OWEN GAGARE hours failing which the sheriff with Zanu PF secretary for administration Obert Mpofu. concerned, the validity of its offer let-
the assistance of the police must evict ter is in issue and it is vitally import-
THE High Court has ordered Zanu the respondents and all those claiming The applicants provided the court tive control), and a portion of the farm ant that it be given an opportunity to
PF secretary for administration Obert through them,” said Tshuma. Mswelangubo (Pvt) Ltd’s memoran- now having been parceled out to the defend its ill-gotten gains before equity.
Mpofu and his wife Sikhanyisiwe to dum of association showing that Mpo- company that he controls, his involve- The rules of natural justice demand no
move out of Esidakeni Farm in Nya- “They were ordered to pay costs.” fu and his wife Sikhanyisiwe were the ment referred to in the main applica- less,” Dhlamini said.
mandlovu, Matabeleland North within Last week, Mpofu and Mswelangu- only shareholders. They also provided tion was designed to secure personal
24 hours failure of which the sheriff bo Farm (Private) Limited, agreed to a CR6 form showing that Mpofu is a interest. It must therefore for that rea- “As regards the ninth respondent,
with the assistance of the police have be joined to High Court application director in the company, as well as the son be stigmatised as abuse of power,” Obert Moses Mpofu, a multiple farm
been instructed to forcibly move him 1054/21 in which the owners of Esi- company’s certificate of incorporation. Dhlamini said. owner and senior official of the ruling
from the farm. dakeni Farm are seeking an order de- Zanu PF party, it is important that he
claring that the notice of acquisition of “There is no doubt that Obert Moses Dhlamini argued that there was a defends his conduct in the context of
Esidakeni is owned by Kershelmar their farm is null and void as it violates Mpofu being a controlling shareholder, strong case for joinder. illegalities that he perpetrated for selfish
Farms (Pvt) Ltd, a company whose the constitution. (albeit exercising in theory only nega- reasons. For all intents and purposes, he
shareholders are international human The applicants are also seeking an “Insofar as the eight respondent is is the direct beneficiary of the portion
rights lawyer Siphosami Malunga, order declaring that “any offer letter of the farm allocated to eighth respon-
National University of Science and issued on the basis of the purported ac- dent.
Technology (Nust) scientist Zephani- quisition is null and void”.
ah Dhlamini and gold miner Charles The applicants sought to join Mpofu “It is vital that this court pronounces
Moyo. to the application after discovering that itself in the main matter on the conduct
part of Esidakeni Farm had been par- of senior politicians who, contrary to
Mpofu, a multiple farm owner, celed out to his company. Mswelangu- government policy and for self-aggran-
moved on to the farm after the Min- bo (Pvt) Ltd was cited as the eighth re- disement, abuse power given to them
ister of Lands, Agriculture, Water, and spondent with Mpofu being the ninth by way of public trust. I have been ad-
Rural Resettlement Anxious Masuku respondent. vised that the ruling Zanu PF party has
allocated Mswelangubo Farm (Private) In his founding affidavit, which was taken a position against multiple farm
Limited 154 hectares on the property. supported by Malunga and Moyo, ownership. Obert Moses Mpofu’s ac-
Mpofu and his wife are the sole direc- Dhlamini said despite featuring prom- tions are at variance with the ethos of
tors of the company. inently in the farm’s affairs, including the political party to which he belongs
visiting in March and enquiring wheth- and which he leads.”
Masuku acquired the farm through er it had been subdivided, Mpofu had
a Notice of Acquisition General Notice previously not been joined to proceed- Mpofu’s lawyers, Ndove and Associ-
3042 of 2020 in the government ga- ings because “we had taken the view ates, wrote to the Deputy Registrar of
zette on December 18, 2020 but Esida- that no relief could be sought against the High Court indicating that their
keni directors are challenging the acqui- him as we believed he had taken no clients “shall without necessarily agree-
sition in the High Court. The matter is benefit from the illegalities”. ing to the averments by the applicants
still pending. Bulawayo lawyer Josphat Dhlamini said they had however in their founding affidavits, not oppose
Tshuma, who represented Dhlamini, discovered that the first respondent in the order sought . . . subject to there be-
Malunga and Moyo, confirmed the the matter, Lands minister Masuka, ing no order as to costs against them”
judgement passed on Friday. had issued an offer letter to a company
controlled by Mpofu, despite his being They said the concession was made
“The judgement says the respon- a multiple farm owner, hence the appli- to focus on the dispute under case
dents, that is Mswelangubo Private Ltd, cation for a joinder. number HC1054/21, to avoid being
Obert Moses Mpofu and Sikhanyisiwe unnecessarily litigious, thereby wasting
Mpofu and all those claiming through the court’s time and to save on legal
them must vacate the farm within 24 costs.

NewsHawks News Page 5

Issue 62, 24 December 2021

Page 6 News NewsHawks

Issue 62, 24 December 2021

Fifa’s non-interference principle
used to shield football corruption
guilty. Yet this does not pre-
JONATHAN MBIRIYAMVEKA Suspended Zifa president Felton Kamambo. clude government or Fifa to act
in the best interest of football.
ZIMBABWE faces a ban from governmental intervention into sport, sponsors or supporters. Emmerson Mnangagwa’s son- The only question is how does
international football by world the internal affairs of national The study on Fifa’s princi- in-law, so far there is no evi- one determine the legitimacy
football governing body Fifa if soccer affairs were unjustified. dence that his actions and those and propriety of the interven-
the statutory Sports and Recre- Where government interven- ple on non-interference pub- of his colleagues are motivated tion, either by government or
ation Commission (SRC), the tion is completely arbitrary or lished in the Maryland Journal by self-interest or corruption. Fifa.
supreme local sports adminis- corrupt in itself – that is undue of International Law in 2017
tration body, does not reverse its and irrational - private sports found that during the Joao However, Mlotshwa was re- On the Zimbabwean case, the
suspension of the incompetent associations should resist that, Havelange-Blatter era, Fifa of- cently forced by the Internation- Felton Kamambo-led Zifa board
and corrupt Zimbabwe Football the study says. ficials clearly used the non-in- al Cricket Committee to reverse was suspended on 16 November
Association (Zifa) board mem- tervention principle to provide the suspension of the Zimbabwe by the SRC in terms of Section
bers booted out in November. However, if there is suffi- a prophylactic shield around its Cricket board amid allegations 30 (i) (c) of the SRC Act on a
cient, solid and incontrovert- internal affairs. It was also used that he had a personal inter- litany of charges, which include
Fifa this week ordered SRC ible evidence of abuse of office, to protect corrupt and incompe- est in the matter. Mlotshwa as gross incompetence, misman-
to reinstate the suspended Zifa mismanagement and corrup- tent officials, while at the same lawyer once represented former agement, failure to account for
board by 3 January 2022 or the tion by national associations, time keeping at bay government Zimbabwe captain Heath Streak public funds and sexual abuse of
country will face a ban from in- the non-intervention principle authorities who interfered un- in a case against ZC and lost the female referees – all this imput-
ternational football, including should be set aside. Intervention duly in national football associ- case. ing corruption.
participation in next month’s then becomes necessary. ations’ affairs.
Africa Cup of Nations (Afcon), Fifa is demanding evidence After some dithering delays,
which will immediately impact A study done in the United In the Zimbabwean case, of wrongdoing. SRC says it has Fifa intervened on Tuesday.
on Zimbabwean football. States by Professor J Gordon many hope that the Fifa lead- sent a dossier of evidence to
Hylton, titled How Fifa Used ership will be less trigger-happy Fifa. The NewsHawks has some In a letter addressed to Zifa
The looming showdown has the Principle of Autonomy of in imposing a ban and its usual of the information sent to Fifa, chief executive Joseph Mamu-
brought to the fore a major con- Sport to Shield Corruption in normalisation committee ar- including a record of a meeting tse, also suspended by the SRC,
troversial issue in internation- the Sepp Blatter Era, says em- rangement, especially in a case between Fifa and SRC officials heralding a ban, Fifa Chief
al football: The significance, pirical evidence suggests that where the goal of the SRC or which discussed the issue. Member Association Officer
practicality and impact of Fifa’s most decisions taken by Fifa in government is simply to remove Kenny Jean-Marie said SRC had
non-interference principle on over 50 cases were more about corrupt officials and improve The problem though remains failed to provide proof to the
how national governments and protection its interests – in the sports administration. that even if accusations of cor- allegations which led to the sus-
their sport agencies relate to na- process corrupt officials – than ruption are rife and strong, in pension.
tional football associations. serve the best interests of the While SRC chairman Gerald terms of the law individuals
Mlotshwa might be President remain innocent until proven “In this context, we consider
More than 50 national foot- that the aforementioned deci-
ball associations have been sus- sions by the SRC to suspend all
pended in the past 20 years, members of the Zifa executive
especially during the reign of committee based on mere alle-
former Fifa president Sepp Blat- gations without proof of a final
ter who was removed under a and binding ruling, and subse-
cloud of corruption in 2015. quently to appoint a ‘restruc-
He was banned from football. turing committee’ in lieu of the
Blatter was the eighth Fifa pres- Zifa executive committee would
ident who reigned from 1998 to appear to be clearly contrary to
2015, having been in the system the above statutory principles,”
since the early 1980s. Jean-Marie said.

When he left, the question “As a consequence, should
arose whether or not his depar- such decisions be considered
ture and that of several of his by Fifa to constitute undue
senior colleagues from the up- third-party interference in the
per ranks of the Fifa leadership internal affairs of Zifa, the ap-
would mark an end to the era of propriate sanctions may have
interventions into national fed- to be imposed on Zifa by the
eration affairs. competent Fifa body. In such a
case, all of Zimbabwean football
The interventions, as shown would suffer the consequences,
by the latest Zimbabwean case, especially on the eve of the Af-
have continued. Although not con 2021.
every application of the non-in-
tervention principle by Fifa “In addition, we would like
since the early 1990’s was sim- to highlight that it is up to Fifa
ply a matter of Blatter and his alone – on the basis of serious
allies trying to protect a crony and well-founded information
from prosecution or removal as well as under exceptional cir-
from office, most of their mea- cumstances – to remove execu-
sures deliberately or unwitting- tive bodies of member associa-
ly resulted in the protection of tions and appoint normalisation
corrupt and incompetent offi- committees (cf. art. 8 par. 2 of
cials. It is not empirically clear FIFA Statutes).”
yet which of the more than 50
interventions during Blatter’s Fifa asked for all suspended
presidency were based on legiti- officials to be reinstated by 3
mate concerns, and which were January, or else Zimbabwe risks
motivated by protecting cronies a ban from world football.
or self-interests.
“Therefore, we kindly ask you
No doubt, there have been to inform the SRC that in the
some circumstances in which event its decisions to suspend
the Zifa executive committee

NewsHawks News Page 7

Issue 62, 24 December 2021

members and to appoint a ‘re- prosecutions since 2015 have tence of a set of arrangements in and on Fifa committees. To pre- ly in Africa and Asia, but the
structuring committee’ instead revealed a persistent pattern,” it which Blatter and others in the vent public exposure of this sys- question here is: Is Fifa acting
are not reversed before 3 Janu- says. Fifa leadership maintained their tem, the Fifa leadership protect- to protect football interests in
ary 2022 at the latest, we would power by both awarding finan- ed its supporters by threatening Zimbabwe, or its own inter-
have no other choice but to sub- “Fifa officials from all levels cial grants to national federa- to suspend their federations ests? And is the SRC genuinely
mit the present matter to the of the organisation are accused tions, especially those located in any time governmental agents concerned about football, or its
Bureau of Fifa Council for con- of siphoning funds distributed Africa, Asia, and the Caribbean, or legislatures got too close to an issue of power relations and
sideration and decision,” it said. to the national federations and and, by overlooking incidents their daily operations. Thus, the serving self-interests of individ-
the confederations, but when of mismanagement and corrup- non-intervention principle be- uals in its battle with Zifa?
The SRC has appointed a re- national governments investi- tion. came linked to the protection of
structuring committee to bring gating their federations face the a network of corruption inside Given Zifa’s incompetence,
normalcy back to football. prospect of suspension, the in- “In exchange, the federations Fifa itself.” corruption and failures, SRC
vestigation abruptly ends. who benefitted from this lar- has the moral high ground – at
However, in a bid to go back gesse supported Havelange and There have been many cases least on this case and, well, for
to office, suspended Zifa offi- “What is just now coming then Blatter in the Fifa Congress of bans of countries, especial- now.
cials have appealed with Fifa to light, moreover, is the exis-
and the Administrative Court.
NOTICE ON RE-OPENING
This has once again put
one of the signature Fifa poli- Time Bank wishes to advise that it is on course to
cies during the Blatter era  un- re-open as soon as it has secured all the necessary
der scrutiny, that is operating approvals from the authorities.
without any “third party” in- The processes of seeking the regulatory approvals
terference, including govern- for the re-opening of Time Bank are being finalised.
mental  which was aggressively The public will be advised accordingly in the near
enforced. Under this policy, future.
national associations that make
up Fifa are required to oper- TIME BANK
ate non-intervention policy. STANDING THE TEST OF TIME

However, in many instances Inserted by Time Bank of Zimbabwe Ltd
the principle was used to protect
Fifa rather than improve admin-
istration and public enjoyment
of sport.

It was also an issue of power
relations in football.

“From the early 1990’s on-
ward, Fifa promptly responded
to third-party, governmental
interventions by suspending or
threatening to suspend the af-
fected national federation until
the interference stopped and
any changes brought about by
it were reversed,” the study says.

“Because suspension meant
that the affected federation
could not participate in any
international soccer match-
es, including the popular Fifa
World Cup and the Confeder-
ation Cups, few governments
have had the will to stand up to
Fifa and risk the political con-
sequences of disappointing the
soccer fans among their constit-
uents.

“On top of that, a suspended
team also lost the opportunity
to share in Fifa revenues which
are not insubstantial and have
been liberally distributed. Over
the past three decades, the pop-
ularity of international soccer
has skyrocketed, and as a result
Fifa’s coffers have been filled
to the brim with income from
live matches, broadcasting con-
tracts, and licensing deals.’

According to Fifa, over 70%
of its annual revenues, which ex-
ceeded US$2.1 billion in 2014,
are redistributed to the federa-
tions through direct grants and
development programmes. For
many smaller federations, these
Fifa transfers constitute a large
portion of their annual reve-
nues.

“Given this, suspension from
Fifa could have catastrophic
consequences for both the na-
tional soccer federation and its
country’s government. Not sur-
prisingly, the public corruption

Page 8 News NewsHawks

Miserable X-mas for Issue 62, 24 December 2021
impoverished workers

NHAU MANGIRAZI inflation and valueless Zimdollar. babwe (Artuz) secretary-general Robson Chere ZCTU secretary-general Japhet Moyo
‘‘There is nothing positive, despite attempts said teachers were forced to rashly implement the ended up using social media which in some cases
THE year 2021 was a sad one for workers be- Continuous Assessment Learning Activity (Cala) is not accessible by many workers,” he said.
cause of a plethora of challenges, including the by others to see the US dollar bonus as a posi- scheme over three months although it should
Covid-19 pandemic and now they will round it tive. Such a bonus came from a government that have been done in two years. He said teachers ‘‘The chrome mining had many workers losing
off with a bleak Christmas. has been robbing every teacher of US$440 every operated without budgets, training or assessment employment and, as a union, we failed to repre-
month since October 2018,’’ Zhou said. tools. sent them as dispute resolution process becomes
Workers’ unions say the government failed to so difficult as some cases reported in 2018 were
improve the lot of workers who are bearing the Healthcare exodus Zimbabwe was hit by a staff ‘‘Our membership was forced to invigilate never attended to till today. As a union, we are
brunt of a high cost of living, as well as social exodus, losing more than 2 000 health profes- public examination run by a parastatal that ordi- not happy with the Chamber of Mines and the
and health challenges caused by the Covid-19 sionals this year, more than double the number narily must pay for services rendered by teachers. Associated Mine Workers’ Union on their cor-
pandemic. lost last year as social justice continues to erode. The government failed to avail safety and health rupt agreement to combine the third and fourth
of teachers as teachers, pupils, and ancillary staff quarter wage negotiations which prejudiced
Zimbabwe Congress of Trade Unions (ZCTU) These include nurses, doctors, and pharma- were forced to go to schools without any test workers of a salary increase from October, No-
secretary-general Japhet Moyo said 2021 will cists, among other professionals, to other coun- for Covid-19. It exposed the education sector,’’ vember and December.”
rank among the toughest years for workers. tries. Chere said.
Owing to the slave wages, many workers are
He said several workers lost jobs and were not According to Health Service Board (HSB) Loss of income value Zimbabwe Diamonds having an unpleasant Christmas, he said.
given social protection by government. executive chairperson Paulinus Sikhosana, the and Allied Workers’ Union secretary-general Jus-
government must devise solutions to counter the tice Chinhema said mine workers suffered due to Tobacco Farmers’ Union of Zimbabwe presi-
“Of all the four pillars of work deficits: job op- impact of such challenges. the eroded value of income. dent Believe Tevera said the sector witnessed the
portunities, health and safety, social protection, exploitation of farmers, workers and other service
social dialogue, a number of factors mitigated ‘‘As of November 30 this year, a total of 2 246 ‘‘Slave wages were being paid in the year 2021. providers.
against achieving the pillars. The disruptions in healthcare professionals had left the service, more Besides the cry for a living wage, the sector wit-
production as a result of Covid-19 resulted in than double the number that left in 2020, which nessed increased cases of death traps. In under- ‘‘The year 2021 was a bad year for tobacco
fewer job opportunities and more workers ex- stood at 993. In 2019 and 2018, a total of 767 ground mines, mostly the small mining sector, farmers besides generating millions of US dol-
posed to the dangers of contracting the virus,” and 756 employees left the sector respectively,’’ breadwinners were lost,’’ he said. lars in foreign currency. Tobacco farmers were
Moyo said. he said. forced to scale down due to lack of funding and
Chinhema said the Covid-19 pandemic limit- are now in huge debt from dubious contracting
‘‘Social protection was not adequate for those Sikhosana noted that the exodus was height- ed movement and also facilitated the exploitation companies. Few of those that sold their products
who lost jobs because of loss of value to our cur- ened by the Covid-19 pandemic, which increased of workers. failed to travel to auction floors. There was the
rency. Therefore, 2021 was not different from the demand for healthcare workers across the globe. exploitation of tobacco farmers, transporters, and
previous year. The whole Covid-19 era has been “The restrictions allowed some big mines to others who felt shortchanged in the sector. The
tough for workers.” “Unlike the preceding years, 2021 was a year stop unions from visiting their members to car- year was too bad for tobacco farmers in general,’’
that the board did not experience any collective ry out education, inspections and awareness. We Tevera said.
Moyo added that there was a huge disparity job actions and was, therefore, able to focus on
between wages and prices of goods and services, strengthening the quality service delivery. How-
meaning that there is no festive cheer for the ma- ever, the year had its own challenges, some of
jority of workers. which included the unprecedented staff attrition
from the service, particularly from such catego-
Progressive Teachers’ Union of Zimbabwe ries as nurses, doctors, pharmacists, and other
(PTUZ) president Takavafira Zhou said 2021 staff categories who were being actively recruited
was tough for teachers countrywide, adding the by agencies from developed countries and some
misery would extend into the festive season. setting their sights at neighbouring countries,’’ he
said.
Zhou said the lack of social dialogue “in order
to enhance industrial harmony and productivi- “By June 2021, the health service had lost
ty” fueled industrial disharmony, throughout the more than twice the number of nurses that left
year. the service in the whole of 2020.”

‘‘As teachers, we felt shortchanged on collective Starvation wages
bargaining with the government sticking to ob- Zhou accused the government of paying
solete and moribund Statutory Instrument 141 workers “starvation wages”, resulting in many of
of 1997 as opposed to section 65 of the national them being incapacitated.
constitution . . . Furthermore, the government ‘‘Several teachers were therefore grossly inca-
failed to respect International Labour Organi- pacitated, failing to buy basic food for their fam-
sation conventions 87 and 98 it has ratified, let ilies, pay medical, utility bills, rentals and even
alone to ratify conventions 151 and 154 pertain- school fees for their own kids even at schools they
ing to better treatment of government workers,’’ are teaching,’’ Zhou charged.
Zhou said. Civil servants were forced to join the Gov-
ernment Employees Savings (Gems) scheme al-
He said taking advantage of Covid-19 lock- though some teachers opted out of a loan facility
downs, their employer totally abandoned en- that is “dubious”, Zhou added.
gagement and practiced unilateralism on the so- Amalgamated Rural Teachers’ Union of Zim-
called Cost of Living Adjustment (Cola) which
never ameliorated conditions of services due to

Vendors take advantage of the festive mood to sell Christmas trees to passing motorists in Harare this week. — Pictures: Aaron Ufumeli

NewsHawks News Page 9

Issue 62, 24 December 2021

Year of the drugs menace bombshell

NYASHA CHINGONO All they want is for their children to either part of the illicit drugs racket. and intervention programmes. A multi-faceted
go back to work or return to school. With most The NewsHawks spoke to a drug peddler who approach which holistically addresses the causes,
THE year 2021 came with a harsh realisation that having started using crystal meth after Zimbabwe impact and consequences is critical.
Zimbabwe has a growing drug problem which entered its first Covid-19-induced lockdown in admitted he had avoided jail, thanks to his police
needs urgent action before the country’s youths, March 2021, parents are desperate to at least get connections. While the country grapples with economic
especially in high-density suburbs, are destroyed their children into rehabilitation. problems, drug addicts who want to free them-
by dangerous narcotics which has been described Our deep dive into the police involvement selves from the shackles of crystal meth and other
as a silent pandemic. We met a woman whose son had been working showed that some officers were also addicted to narcotics have nowhere to go.
on a cruise ship in Europe who is now addicted crystal meth and would protect peddlers for a fix.
Following several exclusive reports by The New- to crystal meth. With teary eyes, she narrated her The price of rehabilitation in private institu-
sHawks, the authorities came to terms with the ordeal. She wants her son to return to work. But The police also made an embarrassing admis- tions is punitive and beyond the reach of poor
growing societal scourge and promised to tackle addiction, which entails weeks in detoxification sion that some police officers had either been citizens living in the townships.
it seriously. and rehabilitation, is now too expensive to cure. caught with contraband or were covering up
for criminals. It is saddening that those who are Sadly, there are no public rehabilitation centres,
Revelations that the country’s townships have We interviewed mothers who had been taken sworn to protect the law are breaking the supreme which compounds the problem as addicts either
become havens of illicit drugs such as crystal meth hostage by their children while others were issued law of Zimbabwe for a few pieces of silver. die due to drug usage or live permanently as drug
(mutoriro) and other dangerous substances con- with death threats. users. According to the ministry of Health, six out
tinue to irk the authorities who are in sixes and The pace at which the authorities are moving of 10 patients admitted to Zimbabwe’s mental
sevens over how to deal with the growing prob- In Chitungwiza, a mother escaped through in terms of prosecuting drug peddlers and coming health institutions have drug-related problems.
lem. the window after knife-wielding drug peddlers up with deterrent laws to combat drug use could
besieged their home in the wee hours. Their mean the fight against dangerous narcotics is far According to the latest Zimbabwe National
The NewsHawks has been leading investigations 18-year-old daughter, who had been using drugs, from over. Drug Master Plan, the government has adopted
into substance abuse in the country’s townships wants out, but the drug peddlers will not let her. both an integrated and comprehensive approach
which has caused untold suffering to families and However, the arrest of over 200 drug peddlers that will address a range of drug-related issues.
decimating lives. She had been used as bait for their robbery tar- by the police is laudable. Our investigations are
gets, abused, raped and tortured in the drug hous- just a tip of the iceberg in the bigger context of During the investigation, The NewsHawks
A series of investigations, ranging from inter- es but several reports to the police had failed to get the real problems that are bedevilling this country. also interviewed several former drug users who
views with drug users, peddlers and families, re- them arrested. have successfully undergone rehabilitation and
vealed a deep-seated problem that requires urgent It is common cause that the number of youths are working to raise awareness on the dangers of
attention. It is a fact that Zimbabwe never had a With families haunted and struggling to cope engaging in drug abuse in Zimbabwe, particularly drugs. The positivity they exude shows there is
drug problem until a few years ago when danger- with the surge in drug addiction cases, many be- in high-density suburbs, is increasing yearly. This hope for youths struggling with drug addiction
ous contraband smuggled through the country’s lieve the authorities have the capacity to arrest the is clearly connected to economic and social prob- but more should be done to speed up the process.
porous borders found its way onto the streets. situation. It is the duty of the authorities to step lems engulfing the nation, which are linked to
up to the plate and help the struggling mothers of governance failures in the Zimbabwean context. Another welcome development was the setting
The expensive but easily accessible contraband addicts but it has been revealed that the police are up of an inter-ministerial taskforce to deal with
would eventually find its way into high-densitt working in cahoots with drug kingpins. There are strategies for drug abuse rehabili- drugs in Zimbabwe.
suburbs where a majority of unemployed youths tation and prevention in Zimbabwe. However,
reside. Preying on their desperation to escape daily From tipping them off before raids, to releasing the problem is recurring and exacerbating in The year 2022 should bring a lasting solution
horrors of poverty and unemployment, drug lords dangerous criminals back onto the streets without the youth population. To effectively combat the to the drug problem Zimbabwe is facing and the
have set up drug dens, known by their street lingo prosecution, investigations show that police are problem, there is a need for a study to understand authorities should act decisively before an entire
(mabhesi) at every corner in townships, flooding the magnitude of the crisis, to widen training generation is wiped away.
the market with crystal meth.

In these drug houses, young drug peddlers have
access to contraband daily and from here, thou-
sands are made from selling drugs.

While there is no consensus as to the source of
crystal meth, the targeted market is clear-action
hungry youths. The price of crystal meth has not
in any way deterred users from feeding their ad-
diction. A gramme of crystal meth costs US$12 ,
a figure beyond the reach of many unemployed
youths, but they always find themselves high.

This has increased the crime rate in high-den-
sity suburbs as the youths are involved in petty
crime like stealing gadgets and clothes for resale.

Many families are bearing the brunt of the
growing drug problem as personal belongings are
stolen in broad daylight while some daring youths
are now involved in robbery acts.

Communities like Mbare, Chitungwiza, Ku-
wadzana, Mufakose and Highfield where the mu-
toriro problem is rife are under seige from drug
peddlers and addicted youths.

The NewsHawks spoke to mothers who are des-
perate to get their children off drugs.

MORRIS BISHI Police unearth stashed inputs as
Masvingo prepares for elections
SOME Zanu PF candidates have hijacked the
presidential farming inputs scheme as the party on Monday. Hundreds of ruling party youths on Efforts to get a comment from Musikavanhu the Mwenezi function seed and fertilizer as a to-
moves towards provincial elections at the end of Tuesday demonstrated at Musikavanhu’s house were fruitless as calls by The NewsHawks to his ken of appreciation for attending the event, but
this month. in Chiredzi, demanding the disbursement of the mobile phone went answered. those who attended the event went home empty
inputs to the public. The youths, who are linked handed.
In Masvingo, two trucks of fertilizer, with to aspiring provincial chairperson Rabson Ma- Zanu PF Masvingo provincial chairperson
more than 5 000 kilogrammes (500 bags x 10kg) venyengwa, were wielding placards denouncing Aliginia Samson, who is an aspiring candidate for Efforts to get a comment from Chadzamira
of maize and 70 bicycles were discovered from corruption and abuse of office. the same post, said she was in Mwenezi but was were fruitless as his number was not reachable.
Zanu PF members associated with minister of informed by her associates that there are inputs
State for Masvingo Ezra Chadzamira. “This is abuse of power at the highest level. which were discovered by police at Musikavan- Masvingo police spokesperson Inspector Ju-
This is a party election, but it is shocking to note hu’s house. dakwahse Dhewa told The NewsHawks that
Some of the inputs were brought into the that some of the people who are vying for posts he was not aware of the matter, but a officer at
province by President Emmerson Mnangagwa are using their posts to abuse power. They are tak- “I was not around, but my colleagues informed Chiredzi Police Station confirmed the discovery
during the commissioning of an amarula plant in ing inputs which were meant to benefit the pub- me that there are inputs which were discovered at of inputs. The police officer said Musikavanhu
Mwenezi two months ago. The inputs were sup- lic, hiding them for campaigning. In Masvingo, a Musikavanhu’s home and after enquires it came had pledged to distribute the inputs soon.
posed to benefit people who attended the com- truckload was discovered while 800 bags of fertil- to light that the inputs were left in the province
missioning ceremony, but they went home empty izer, 400 ten-kilogramme bags of seed and more for the people who attended the Mwenezi Ama- A ministry of Agriculture official in Masvingo
handed. than 70 bicycles were found at the home of MP rula plant launch two months ago. It is quite sur- told The NewsHawks that abuse of government
for Chiredzi West Farai Musikavanhu’s home on prising that the inputs were not distributed to the programmes is common on the province, espe-
Member of Parliament for Zaka North, who Monday,” Mavenyengwa said. owners on time,” Samson said. cially towards elections. He said as civil servants
is also an aspiring candidate for tge Zanu PF they are powerless and can only watch as politi-
Masvingo provincial chairmanship, Rabson Ma- Mnangangwa promised those who attended cians take over programmes.
venyengwa, told The NewsHawks that it was un-
fortunate that people in power were abusing their
government posts to campaign for political posts.

He said a truck full of government inputs was
recently found hidden in Masvingo and other
inputs were found at member of Parliament for
Chiredzi Farai Musikavanhu’s house by the police

Page 10 News NewsHawks

Issue 62, 24 December 2021

Victoria Falls abuzz
with holidaymakers

JONATHAN MBIRIYAMVEKA “The good thing is we are also three-quarters case someone needs the medical services pending However, Mukwasi emphasised that holiday-
full in occupancy for both Christmas and New results. makers need to be cognisant of the fact that it
THE magic of the Victoria Falls is something any Year. Regarding Covid-19, as a town we are in a was a lot cheaper to plans as groups and families.
previous visitor would love to relive in their life- state of preparedness in line with WHO guide- “All the service providers have come together
time, as the urge to experience this place again lines. to ensure that Victoria Falls is the cleanest city “Now the first thing is we have packages that
just does not go away! in the country through the programme dubbed suit every group and that is one way to beat the
“There are plenty of masks, sanitisers and in Pristine Victoria Falls whereby we are lobbying prices. Secondly, book as holiday groups in the
For many years, foreign tourists used to dom- all our activities we ensure there is physical dis- for non-plastic materials in the town. This means same way you plan for your burial society and
inate arrivals at Victoria Falls. Slowly, domestic tance.” that we are only using bio-degradable materials then, depending on the numbers, you are able to
tourists are beginning to appreciate the majestic for packaging and also regular cleaning with as- negotiate for discounts. No operator would turn
beauty of this place in numbers, quite a refresh- Mukwasi said a lot had changed in Victoria sistance from the city council. This is all aimed at away a group of six people or families,” he said.
ing development. Falls in terms of services since the onset of the maintaining the pristine environment.
Covid-19 pandemic. “So as we approach 2022, people should form
Victoria Falls, one of the Seven Natural Won- “Regarding conferencing, we have also upped holiday groups just like they do with grocery
ders of the World, is abuzz with domestic holi- “It is really not what it used to be. There are our standards whereby we only hold virtual meet- clubs and speak to tour operators so that they get
daymakers this Christmas! now medical and laboratory facilities in town in ings and trade shows as well as online booking. the best package from the money they have or
case someone tests positive for Covid-19. There We can still attend trade shows,” he said. even pay a deposit. This time of the year we do
Traditionally, the busiest and funniest days are are also isolation or quarantine facilities in the have lots of business and also in August and April
Christmas Eve, Christmas Day and New Year’s for the Christian holidays,” he said.
Eve. Before the advent of the Covid-19 pandem-
ic, arrivals comprised domestic, regional and However, Hospitality Association of Zim-
international tourists but now it is mostly locals babwe Matabeleland North chairperson Anald
thronging the pristine resort town. Musonza painted a different picture.

While some would be trekking to their rural He said Victoria Falls was expecting hotel oc-
homes, those who can afford to travel to the Vic- cupancy of about 60% outside the Christmas
toria Falls will be spoilt for choice. and New Year holidays.

And there are countless activities to partake in, “We have had huge cancellations from region-
especially for families and holiday clubs. al and international tourists because of policy
which was never implemented. Tourists are not
Shearwater, one of the renowned tour opera- sure what is happening, whether people will be
tors in the resort city, is promising great excur- quarantined for 10 days or not. For any tourist
sions for holidaymakers beginning with helicop- they cannot stay for more than 10 days, it’s not
ter rides, elephant interactions, game and safari possible.
drives.
“And yet this is what the Statutory Instrument
One of the popular activities is the helicopter 267 of 2021 says. This is why Victoria Falls has
ride, which costs anything between US$130 and recorded 70% occupancy, which is mostly do-
US$170 depending on the service provider. mestic arrivals.

Then there are game drives which cost US$55 “So for the past 21 months we have been hit
and also sunset cruises. the hardest because the domestic market is not
filling the gap created by the absence of interna-
There is really plenty to enjoy and like round tional tourists,” he said.
about this time at the Victoria Falls for families
and even holiday groups who will be in the resort He said lockdowns had impacted negatively
city. on not only the economy but also livelihoods
since there was no productivity.
Clement Mukwasi of Shearwater, who is also
president of the Employers Association for Tours “We would want to appeal to the authorities
and Safari Operators, confirmed that Victoria to have clarity on policies so that tourists know
Falls is ready for the festive season. what to do. As it stands, there is no clarity and
lockdowns are impacting livelihoods, job are
“Our services are ready as Shearwater, but we being lost, particularly considering that there is
only have domestic and not international arriv- hindrance to travel through the SI 267 of 2021,”
als. When we say we’re ready we are talking about he said.
the accommodation and food which is the signa-
ture of the Victoria Falls,” he said.

NewsHawks News Page 11

Issue 62, 24 December 2021

LIZWE SEBATHA Botswana gold investors seek
interdict against intimidation
FOUR Botswana investors have filed a High
Court application seeking an interdict barring Golden Hill Mine in Mashava, Masvingo
their local partners from denying them access to
their gold mine in Masvingo. Kassim would, in turn, transfer rights in the Sarfaraz said they have incurred losses of up Investment and Development Agency) invest-
mine, including gold claims 8469, 8470, 8471, to US$40 000 in legal expenses and consultan- ment licence and to open a much-needed bank
Sarfaraz Ahmed Khan, Abdur Razzak Khan, 8472 and 8473 to Bradfix Incorporated (Pvt) cy fees since March 2021 alone in the fight for account let alone apply for residential and work
Akbar Ali Khan and Muneer Ahmed Khan Ltd as the vehicle through which the project control of the gold mine. permits.”
signed a joint venture agreement with a Zimba- would be implemented.
bwean couple Ragin Kassim and his wife Chipo “Furthermore, the loss of production pro- The Botswana nationals recently sought the
Machona in November 2013 to run Golden The Botswana directors, who have invested ceeds in terms of Investment returns and divi- intervention of Zimbabwe’s Office of the Pres-
Hill Mine in Mashava, Masvingo. approximately US$795 000 into the project dends is a great injustice to our legal investment ident and Cabinet, Botswana embassy, Zacc,
since 2013, according to documents at hand, in Zimbabwe and has greatly impeded our fi- Zimbabwe Republic Police, Home Affairs and
The foreigners are the majority shareholders have been denied access to the premises since nancial growth,” he added. Foreign Affairs ministries, Zida, Mines ministry
of Bradfix Incorporated (Pvt) Ltd, a mining March 2021. provincial mining director and Masvingo Pro-
concern with a 60% stake, while their partners “We are handicapped since we cannot obtain vincial Affairs minister Ezra Chadzamira.
hold the remaining 40%. Their local partners accused them of trespass- a tax clearance certificate due to non-compli-
ing. Since then, they have been denied access to ance by our local partners and this obstructs Zida is responsible for the licensing of inves-
In a letter dated 3 December to the Zimba- the mine. us as investors to renew our Zida (Zimbabwe tors and was established in February 2020.
bwe Anti-Corruption Commission (Zacc), the
Botswana nationals said they were intimidated
to leave Zimbabwe permanently by state secu-
rity agents, a senior army officer and detectives
from the Minerals and Border Control Unit.

They have now approached the High Court
seeking an interdict stopping the Zimbabwean
couple from denying them access to the mine,
including withholding vital information regard-
ing the mine’s operations.

“This application has been brought on an ur-
gent basis seeking an interdict to stop the first
and second respondent barring the applicants
from operations of the third respondent and the
mining operations, depriving the applicants of
information on the production at the mine and
from making critical decisions on the affairs of
the third respondent unilaterally and respon-
dents not being accountable with the proceeds
from the mining activities,” the application filed
through their lawyers Matutu and Mureri legal
practitioners reads in part.

“The first and second respondents to stop
running the affairs of the third respondent in
a manner which is oppressive and/or unfairly
prejudicial to the interests of the applicants as
shareholders of the third respondent.”

Kassim and his wife, Bradfix Bradfix Incor-
porated (Pvt) Ltd, Registrar of Companies and
Mines minister Winston Chitando are cited as
the first to fifth respondents respectively.

The Botswana nationals entered into a joint
venture agreement with the Kassims on 12 No-
vember 2013. Kassim owned and controlled
five gold claims registration numbers 8469,
8470, 8471, 8472 and 8473.

Under the joint venture agreement, the Bo-
tswana directors were to provide seed capital
and equipment required to kickstart mining
operations.

4.3m Zimbabweans need emergency rescue

LIZWE SEBATHA “However, pockets of food insecurity are
anticipated during 2022, particularly during
AN estimated 4.3 million people in Zimbabwe, the lean season (October-March), when poor
including 2.2 million children, will be in need of households in some deficit producing southern
humanitarian assistance in the next few months, and extreme-northern areas will be market reli-
a United Nations agency said in an assessment ant with lower purchasing power due to volatile
report. macroeconomic conditions, and up to 2.5 mil-
lion people will face nutritional crisis (IPC Phase
The United Nations International Children’s 3) outcomes,” the Unicef added.
Emergency Fund (Unicef ) said multiple haz-
ards, including a failing economy amid a sharp “Unicef will intensify its support to govern-
rise in goods and basics, put the lives of a major- ment-led national and district coordination
ity of Zimbabweans at risk of starvation. structures to enable the provision of multi-sec-
toral life-saving services and efforts to respond
The UN agency appealed for US$54.7 mil- and contain the Covid-19 pandemic.”
lion to respond to the emerging humanitarian
needs. Regional climate experts have warned of
greater chances of a La Niña weather phenom-
“A total of 4.3 million people, including 2.2 enon with heightened risk of flooding and cy-
million children, will be in need of life-saving clones. Covid-19-induced job losses, inflation-
health, HIV and nutrition services. More than ary environment and a struggling economy,
21 000 children with severe acute malnutrition among other socio-economic ills, have worsened
(SAM) will be in need of treatment,” the UN the plight of food insecure Zimbabweans already
agency said. grappling with the high cost of food basics, an-
alysts have said.
“A total of 2.5 million people will require
safe water and sanitation. Close to 1.9 million In 2019 and last year, UN agencies launched
children will need education assistance. Unicef a flash appeal for Zimbabwe to mobilise emer-
requires US$54.7 million to meet humanitarian gency food aid for millions of people facing
needs in Zimbabwe in 2022, including 15% of drought induced hunger.
the total appeal allocated to gender equality.”
A flash appeal is described as a tool for struc-
Zimbabwe is forecast to receive normal to turing a coordinated humanitarian response for
above normal rain well into the last half of the the first three to six months of an emergency.
2021-2022 cropping season.
The UN Humanitarian Coordinator triggers
This is according to a seasonal forecast from it in consultation with all stakeholders, and is
the 25th Southern African Regional Climate issued within one week of an emergency.
Outlook Forum (Sarcof 25).

Page 12 News NewsHawks

Issue 62, 24 December 2021

Munengwa’s complaint Who said what? The
against lawyer hits snag Year 2021 in quotes

PALESA MUWANI

AS the curtain falls down on yet an-
other year, we look back at some of
the quotes that shocked, humoured or
just stood out. Although by no means
exhaustive, these were some of the out-
standing quotes of the year:

Entrepreneur “In this case, my information is that
Ignatius Munengwa the villagers did not want to be addressed
by him for obvious reasons. If you lis-
NYASHA CHINGONO conflict, but this has been completely ignored. How can ten to a madman, you become part of Zanu PF secretary for
the Law Society and their disciplinary and ethics commit- his cast, you will be portrayed as part of finance Patrick Chinamasa
HARARE-BASED businessman, innovator and entre- tee accept a statement from their member lawyer with no his cast, he will then go ahead and say, I MDC Alliance co-vice-president and
preneur Ignatius Munengwa’s case against prominent evidence and use that as a basis to make their verdict?” he have lots of support, which he does not former finance minister Tendai Biti on
lawyer Philipa Philips has been thrown out by the Law told The NewsHawks in an interview. have,” — Zanu PF secretary for finance the 2022 National Budget presentation
Society of Zimbabwe after he accused the lawyer of con- Patrick Chinamasa justifying violent in November.
flict of interest in handling his case against telecommuni- “The fundamental issue is that I believe Phillipa in- attacks in October on MDC Alliance “The UK embassy and UK ambas-
cations giant Econet for allegedly stealing an idea he had tentionally misrepresented information about her alleged leader Nelson Chamisa and his delega- sador to Zimbabwe Melanie Robinson
presented to the company for a partnership. resignation to the Law Society and this is a serious matter tion on their way to Masvingo to meet must be the most embarrassed by such
which appears to me to have been concealed in this judge- supporters to drum up support ahead classical stupidity. Sit down pink pigs!”
The blow came after the Postal and Telecommunica- ment. There were only two directors of the company, if of the 2023 general election. — Zanu PF director of information
tions Regulatory Authority of Zimbabwe (Potraz) on 27 she resigned who was appointed and where is the evi- Tafadzwa Mugwadi reacts angrily to
October also ruled that it had no jurisdiction to deal with dence? Up until 4 November 2020, she was still a director “We will peacefully resist and oppose calls by the British Parliament for the
his matter. as per the certified copy of the cr14 for Esoft Pvt Ltd.” institutions that oppress us the people. Zimbabwean government to uphold
We will peacefully resist and oppose il- the rule of law in November.
In a letter dated 17 December, the Law Society found Munengwa said he will appeal the decision and will legal enforcements. We will peacefully “A compliment. Pigs are very intel-
Philips not guilty of conflict of interest and proceeded to challenge the Law Society to produce evidence of Philips’ resist and oppose unconstitutional laws. ligent animals,” — British MP Kate
close the case. resignation from Esoft. We will peacefully resist and oppose wea- Hoey reacts to Mugwadi’s remarks.
ponisation of laws and judiciary systems. “This is like trying to stop a herd of
Munengwa believes Phillips undermined his case, re- If she was a director during the time she served, she was We will peacefully resist and oppose the runaway horses by pointing to a traffic
sulting in him withdrawing the matter from the High conflicted. I am urgently working to appeal this decision illegitimate oppressors that stole the elec- light,” — Analyst Stephen Chan on
Court last year after Justice Chatukuta sought comments but also hold the Law Society accountable for the verdict tion. The people’s agenda is to maintain efforts of the RBZ to control the run-
on an alteration to summons she had made on his behalf. they have released to show evidence of this resignation in the fight for democracy and to overcome away exchange rate in September.
He withdrew the matter because he could not meet set March which they relied on. This would shed a different the obstacles that have been placed in our “How long will people not want to
deadlines after alleging sabotage by his legal representa- light to the poor conduct she exhibited whilst represent- way,” — MDC Alliance leader Nelson trust us when we have tried so much?
tives. ing me against Econet which gave Econet a clear advan- Chamisa in a State of the Nation ad- The people who are said to have brought
tage. I still stand by the fact that she gave Econet an ad- dress in March this year. about the issue of confidence are no lon-
Munengwa said Phillips’ conduct may have compro- vantage and hence why I will appeal this verdict,” he said. ger at the central bank,” — RBZ deputy
mised his chances of fair representation and prejudiced “His detractors have been defeated governor Khupukile Mlambo asks for
him in the case. Munengwa added that he had reported the matter to and are now saying this and that. Zanu the country’s citizens to begin to trust
the Zimbabwe Anti-Corruption Commission (Zacc) un- PF will rule forever and if they dare (the the central bank at the CEO Africa
The innovator also argued that Phillips was still a direc- der case number C.R.B 240/21, Pp ref. F1283/21. naysayers), we will amend the law that we Roundtable conference in October.
tor of Esoft, an agent selling insurance EcoCash Moovah. want (President Emmerson Mnangagwa) “He is suddenly gushing hoodwinks
“I will continue fighting for justice on my case,” he forever.” — Vice-President Constanti- just a few days before his farewell. What
Dismissing Munengwa’s claims, the Law Society, vowed. no Chiwenga speaks on the possibility good does he expect to do for Zimbabwe
through executive secretary Edward Mapara, said: “Coun- of extending President Mnangagwa’s in the remaining few days which he failed
cil resolved that the respondent be found not guilty of Munengwa’s complaint over Econet’s alleged unethi- term of office beyond the two-term to do for all those years he has been stay-
any unprofessional conduct and that the complaint be cal business practices was also thrown out by Potraz last limit stipulated by the constitution in ing in the country? His stay was dominat-
dismissed. We will therefore proceed to close the file and month, with the regulator arguing it had no jurisdiction November. ed with hostility towards Zimbabwe. In
will not take further action in this regard. to deal with the case. Nichols’ case, it is easier for him to count
“Following the recurring disinforma- the number of days he stayed in Zimba-
“Council also noted that in response to allegations, In 2011, M-Comm Africa, through Munengwa, ap- tion and virilisation of my alleged im- bwe than the good things he did for the
the respondent maintained that she was not conflicted proached Econet Wireless with a proposal to partner moral unions, dispensed through awk- country,” — Presidential spokesman
and had nothing to disclose as she had resigned from the the company with the provision of panic button rapid ward slacktivism, I am stepping down George Charamba on then American
directorship of Esoft in March 2019, long before you en- response security services. as the Vice-President of the Republic of ambassador to Zimbabwe Brian Nich-
gaged her. Zimbabwe in terms of section 96 (2) of ols who was winding down his tour of
Munengwa said he continued engaging Econet until the constitution of Zimbabwe (NO.20) duty in the country in May.
“Council further noted that the respondent’s associa- June 2015, when the then chief commercial and custom- Act, 2013 with immediate effect,” —
tion with Esoft was not material and her failure to dis- er services officer of Econet, Stanley Henning, responded Kembo Mohadi resigns from the post
close this to you could not be deemed unprofessional advising that the company would not pursue the idea. of state vice-president in March after
conduct respondent had diligently executed the mandate allegations that he was involved in illic-
she was given.” In November 2015, however, Econet launched “Con- it relationships with married women,
nected Home”, which included a panic button and rapid including his subordinate, went viral
Munengwa however argues that Philips’ relationship response service, which Munengwa believes is a replica on social media.
with Esoft was still intact at the time he engaged the law- of his idea.
yer. “Honestly, if we are stage-managing
Econet confirms that Munengwa indeed approached riot police barricading a homestead in
“This judgement does not acknowledge the evidence the telecommunications company to discuss a panic but- a village where we were supposed to be
submitted which clearly shows that Phillipa Phillips was ton service concept or an idea that they wanted to venture meeting community leaders, then we
still a director and even filed annual returns confirming into. The telecommunications giant says M-Comm Africa must be great actors, bigger than Holly-
this. The annual returns were filed in August 2019 and was not in existence at that time, instead Munengwa rep- wood and Bollywood stars,” — Chamisa
this was after the date (March 2019) she mentioned to resented himself as the director of Lacocca Investments. on accusations by the police that they
the Law Society. I am concerned at how the Law Society stage managed attacks on him and his
completely ignored evidence submitted in our complaint. “Meetings were indeed held with Mr Munengwa in re- delegation in October on his tour to
Copies certified by the registrar of companies for CR14 lation to his idea/concept. There was also extensive com- drum up support ahead of the 2023
and annual returns filed during the time Phillipa Phillips munication and exchange of emails between the parties. election.
was Representing our company (August 2019 to Febru- At no time during these discussions was a contract, either
ary 2020) were attached for the Law Society to show clear oral or written, entered into between the parties,” Econet “That budget presentation was made MDC Alliance
argues. by a man just going through a ritualis- leader Nelson Chamisa
tic formality. It was a sordid exercise in
mediocrity, mendacity and lackadaisity.
A lacklustre and vacuous presentation
bereft of substance or form, one totally
oblivious to the structural challenges fac-
ing Zimbabwe,” — Main opposition

NewsHawks News Page 13

Issue 62, 24 December 2021

RAMPANT state-driven processes leading to Local communities must
appropriation of customary land are perva- resist land dispossession
sive in Chipinge District, Zimbabwe. On 29
April 2019, a total of 750 households in Mun-
yokowe village were issued eviction notice
letters by the state, instructing them to vacate
the area within seven working days. Lovemore
Madhuku (LM), a professor of law at the Uni-
versity of Zimbabwe, is an advocate of the land
rights of the people of Chipinge. He speaks to
Phillan Zamchiya (PZ) in this interview:

PZ: What is your relationship with the Chi- Professor of law at the University of Zimbabwe Lovemore Madhuku
pinge community?
PZ: Is private ownership of land more secure what we are discussing actually demonstrates the PZ: What should be the role of traditional
LM: My name is Lovemore Madhuku, I’m given the experiences of white farmers in 2000? importance of that. I think this process of say- leaders in administering customary land?
professionally a lawyer, I’m also a professor of law ing that it’s communal land and the government
in the University of Zimbabwe. My relationship LM: Yes, that is correct, that we have had an of the day still has rights and so forth, it’s very LM: So, I think that the role of traditional
with the people of Chipinge is that I come from experience where even private land ownership serious danger. There is need to protect every leaders must not necessarily be to allocate or re-
Chipinge, so I’m a Chipinge person myself and was reduced in terms of its protection mecha- person’s entitlement to land and that entitlement distribute communal land. It must be to preserve
relate with the people of Chipinge in my capacity nisms, but what happened in that case is that the is historical, it’s actually God-given. No one put the landholding processes. They should be able
as one of them and more importantly in trying to government here had to actually change the con- those people in the first place or the state itself to know which family owns which places. And
help them legally. stitution to make a provision for interfering with came into being after these people were already then to ensure that those families utilise land eq-
private property . . . There is also the historical in place. I think that in the African, you are say- uitably within the family setting. Let me give an
PZ: What is the nature of their land struggles? question that had to buttress that. But you know ing you created a Zimbabwe or a South Africa or example of a family that owns or that is given
LM: I’d say that the main nature of their land that recently, even in South Africa, it has become a Mozambique or a Zambia out of people who a portion of communal area for its agriculture.
struggle is one of displacement from the areas impossible also for them to acquire land or take were already there. Most of our communities That family, if someone is disadvantaged because
where they are resident and doing their commu- land, private land, without compensation. pre-date the existence of these states, so they have the family is not distributing or allocating his
nal land activities. Historically, most people in more rights than the states themselves. You bring portion to them, then they should be able to go
Chipinge have been resident where they are on I mean, the attempts to change the constitu- out a state in 1891 or 1890 or 1860 when peo- to call a traditional leader, but they should not be
the basis of the ties they have to the land and the tion in South Africa failed. Here it was easy to ple are already there then you came out of them given power to take land from one family to the
activities they have been carrying out on those do that. So you’re correct that even private land with a state called Rhodesia or what and then other. And then we could have areas where new
pieces of land. I know that from the colonial ownership can be interfered with, but that is very you start taking away the rights of those people I people are coming and are admitted to be part
times many people who are there were there be- limited and very exceptional situations like what think that’s not fair. of a setting, and then traditional leaders can try
fore Independence. happened here in Zimbabwe. Perhaps because to find land for them. There are so many fami-
They were there much earlier than that — of that, the government here or the state here PZ: What are your views on registering com- lies that either completely get deceased and then
we’re talking periods going I’m sure 500 years has extended that lack of respect for property munal land rights in a family trust, rather than in there is no descendant from a particular family,
or so. People were in those areas and then after rights to communal land area which they ought an individual’s name? those of the kind of isolated areas where the tra-
Independence they remained there and were en- to protect. The communal land rights are prop- ditional leaders could allocate them land.
joying what we now call communal land rights, erty rights, they are like private property rights. LM: . . . I think the basis of our African set-
meaning that they have a right to occupy the They are just different levels or different degrees tings, communal land historically was owned PZ: Is the displacement being experienced de-
pieces of land that they have and then they have a of property rights. And once you don’t respect by communities and then obviously families, so velopment-induced?
right to do activities on those pieces of land. But what can be regarded as the greatest protection, you have a family plot, a family place which is
other people have come in, who have an interest for historical reasons of course, it is justifiable to how people live in rural areas. They will say this LM: Argh, not at all. It is not development
in utilising that land for different purposes, are get some land taken away from colonial masters; area is for this family. This area is for that family displacement-induced, very clearly in the sense
displacing the people. I think that it is rather too much for the state to and then if they are registered in a trust or some that it is private individuals who are coming to
PZ: Why would a post-colonial state that have taken that further into communal land. other mechanism, that shows that it is land held areas that they select for their own private ad-
prides itself in de-coloniality dig up colonial in trust by families for the generations that will vancement, but they find it inconvenient that
master plans rooted in authoritarian high mod- PZ: Can the experiences in Mozambique and come. It might make better sense than individu- that land is occupied by others, so then those
ernism ideologies? Zambia where customary land is surveyed and als. Individuals may then tend to sell that land or others must get out. Let’s say you want to do
LM: I think that is really a good question. registered be a solution to the dispossessions in allocate it in a way that might disadvantage other some development; you want to put some mac-
That question must be answered in light of the Zimbabwe? members of the family and that could be prob- ademia nuts or whatever you get involved in,
answers we ought to give to the nature of the lematic. I mean, instead of these big companies in the upper part of Chipinge and then because
post-colonial day state. Is it a state that is fo- LM: Yes, I think that from the examples you approaching the state, they might approach indi- you want to plant those plants, you get those
cused on transformation, real transformation, are giving, I am happy with that example. Yes, it viduals and you can also get a chaotic outcome. people out, instead of organising those people
fundamental transformation or is it a state that should be able to work in Zimbabwe. What we to use that land for that purpose or you are in
believes in merely perpetuating being a servant have seen in these areas, in Chipinge and so forth,
of a bigger political and economic framework
that dominates the world generally? I think in
our case and the case of many African countries,
the post-colonial states have not been transfor-
mation states. They would be happier preserving
what is there, managing it to their best ability,
but in this case they are simply more interested in
protecting the interests of those that wish to take
up this land and I think they have more rights
according to the post-colonial system we have.
PZ: Why is it easy for private companies with
business interests, in collusion with the state, to
dispossess black communities living under cus-
tomary tenure systems?
LM: I think it is a question of almost all the
things that you have mentioned. But I will start
from the legal one. The legal one is quite obvious
in the sense that the communal land rights that
we inherited at the time of Independence and
which we still perpetuate, because I’ve said we
have not transformed, did not give specific legal
rights of ownership or legal rights of occupation
that you can resist someone who wants to inter-
fere. For example, our law says our communal
land vests in the President, which means that it
vests in the state. That means the state can always
play around with that land. It is different from
any other form of land tenure where you can
have private ownership. The state cannot come
and take away my land here in an urban area.
In Harare, for example, I own a piece of proper-
ty. I am sure that no one will even try to take it
because the law protects me. So, I’d say that the
legal problem is lack of adequate legal protection
of communal land rights and that is why it is
easy. Because all what it means is that the state
claims is the owner, so the private interested par-
ties or the private businesses they technically, at
law, go to the owner of the land . . . And accord-
ing to the law, the owner of the land has all rights
to do anything that they please with the land,
including evicting people . . . so it’s a weakness of
that legal environment.

Page 14 News NewsHawks

Issue 62, 24 December 2021

the Chisumbanje area you want to grow sugar- Whenever people are displaced, the burden is on women more than it is on any other segment of society.
cane blab blah blah and so forth. You want to
be involved in some ethanol business you admire most of them now they still haven’t come out of colonial mentality. nario where you go by the order, number one the
the land of those people instead of ensuring that there . . . I said it at the beginning of the interview PZ: Do you think the widespread nature of the first area, would be if they want to fit in there,
these people are involved in that kind of business that these are not transformative states, these are let them fit there. They have to do an arrange-
and say the company must do it and these people people who still have a colonial angle. It is only dispossession can become a political or electoral ment, it has to be with the people on the ground,
must be condemned to poverty. I think the econ- in Africa, in fact mainly Africa, where you get issues? but I certainly agree that right from the start we
omists might describe it or call it the cost-benefit that outrage, disrespect for the people which is work with people there, it should be their choice
analysis, that’s one way of doing it. In this case what we know with what colonialism did from LM: Yes, I think that it can become political. whether they decide to bring in a private person
the cost, the amount of poverty you create out the 1890s. It did one thing which is so terrible It is both a political and an electoral issue. It is a to help them.
of displacement completely outweighs whatever and which has continued despite independence. political issue in the sense that the political party
you call development . . . So, you go to Green Get into a place, don’t care about what the inhab- that is in government, I think they are not taking PZ: Do you use any major principles of inter-
Fuel company or Mcdom or whoever is engaged, itance of that place do, just pursue your interest; into account what is at stake, which is the vested national law in your representation of the com-
they make lots of money perhaps that’s what you don’t ask them. That’s what colonialism did. You interest of people. It is politically unacceptable munities?
think. They even secure these blending rights but just come and impose yourself and then you start to allow persons to be displaced or persons to
go around and see what the people there are do- mining, you start getting land, you start displac- be relocated in the way we are. It is completely LM: We have been using mainly principles of
ing, they are not even able now to grow food for ing people and so forth. politically unacceptable because it creates more international law. Some of them are put in the law
their sustenance, so that can’t be development. If problems than it tries to solve. I think they would of Zimbabwe, in the constitution, but I would
someone who was able to produce food for them- So, when we get Independence, you still get have seen it in some parts, I think in some part of say that the basic motivation of our law is really
selves yesterday is unable to do so today, that is people who think that governance somewhat at Mashonaland East where government had to re- international principle which is first a right to a
clearly contrary to development. some point colonial thing you don’t always need verse a decision where they had given a licence to home. It’s an international principle that is re-
to consult. But if you go to many of the devel- a Chinese investors to occupy some positions and spected everywhere, which is a clear principle and
PZ: Does the Communal Land Act, read to- oped states, I don’t think that you will see an the outcry was quite overwhelming, and they had then secondly, a right to be able to earn a living,
gether with the Constitution, give communities American government disrespecting its people to to give in, which is a political decision, but you to have a home and then you are able to earn a
the right to say yes or no to development projects? that extent. cannot do that. You have to develop them with- living. And these are principles that are enshrined
in a community. We cannot be causing so much in the United Nations Declaration of Human
LM: I think the scope is very limited within I think this idea of disrespecting people it’s a political pain that is happening. Then electorally Rights and taken up by the international civil
the constitution in the sense that there is not a colonial mentality. Until Africa gets governance it should make sense for the voters of those places social political rights and so forth and even the
specific provision that grants some land rights to that really appreciates that we are all equal, all our not to vote for the political party behind the gov- communal, social and economic rights. They will
individuals. You can strain and get some provi- persons are and I won’t be surprised even in the ernment of today that is allowing those things to deal with those, so we then use them to interpret
sions in the constitution that can be utilised for young generation, we have those who are young- happen. I think that should be, but this would the Zimbabwean constitution in light of interna-
them and I think most people that have tried to er than me who still do not respect people. I see depend on how the voters themselves get to link tional standards and now more fundamentally we
use the constitution directly in that regard. They them, I meet them in university . . . Let’s say you the problem to the government. We still have are trying to give a legal basis to communal land
will take the provisions that deal with the right invoke a discussion in a lecture with students a situation where some voters may not be able rights as an independent right in itself.
to equal treatment, the right to protection of the who are 20, 21 and so forth you will be shocked to link or some voters are overwhelmed by the
law, the right to be able to engage in economic what they think. You give them a position as dominance of their political parties, for example, PZ: Does Africa not need these foreign invest-
activities of one’s choice and so forth. But when the students leader here the next thing they run Zanu PF as the government that is there today. ments?
you come to provisions of the land in the consti- away with a program without consulting any of Zanu PF has the President who is there today.
tution, section 71 to 72 communal land is actu- the students. They can even come to you and say LM: l think that is not a very honest way of
ally excluded from the land that the constitution Professor, we think that extra lecture you were So, my experience is that in spite of what is putting things across. I think when it comes to
regards as land in section 71 and Section 72. So proposing, we have it at 3pm. If you don’t ask happening today, the government has not listened development of land and issues around that it’s
that somehow limits the rights. So it might in- them whether they have consulted with others, to anything there very clearly, but you might still no longer correct that Africa at this stage needs
volve, if there is going to be a need, some Con- the chances are that this is a time that has been set see people in those areas calling themselves Zanu the kind of foreign investment which will led to
stitutional amendment if one wants to put it on for this, the class representative and that’s what PF supporters and all the way, still wanting the displacement, clearly not. I don’t even know why
a firm basis and there is need for those before it he wants, he wants it at 3. Then the moment you President to remain in office and that they would they are giving these investors all that thing to
never used to be what we are seeing. I think un- say okay go inform the class you can put it on vote for the President to remain in office with- start from the planting and so on all the way to
der the current government there is a misunder- WhatsApp groups, then the other students who out linking the President to the failures by him, producing the fuel.
standing of what is meant by development. They are more courageous will straight get into your and the failures by his government to address that
think that getting these private businesspeople inbox and say Professor, but we can’t have a lec- problem. I think there is enough work around it, PZ: Experience from Zambia shows that com-
and these big companies, with high-sounding ture at 3. You get it everywhere. It’s a very difficult voters would show it in future elections. munities can object to investments.
pieces of development, that is development. The mentality and am answering your question, why
current government is not looking at the ultimate is there what you’re calling a convergence? it’s a PZ: How do you counter the exploitative na- LM: Yes, l think that is the way to go, we need
impact on the ordinary people in those areas that ture of such relationships? to go to scrutinise our communities to be able to
are affected. ensure that people understand that. I don’t think
LM: I was putting it to say, the worst-case sce- I’m just looking at my generation which didn’t go
PZ: Do you think the Zimbabwean govern- to the liberation struggle.
ment is doing enough to protect women’s prop-
erty rights, and land rights in particular?

LM: I would say overall they are not doing
enough. They are doing some work, yes. I think
the only work that the government is doing in
that regard would be, I think, speaking out and
saying that it’s important to advance rights of
women, for example, that it’s important to have
Gender Equality. Those things they say, but in
terms of practicalities on the ground, I think they
are not doing enough. I want to give an indica-
tion here that the government itself has a very
clear misunderstanding which comes out from
what do we mean by gender equality. Let’s just
go back to the displacement, the majority of the
people in all these communal areas and all these
places are women, that is the first thing and then
secondly, the burden of looking after families is
mostly on women. In my experience in getting to
discuss with all these people, women have been
very clear in articulating the problems that they
are facing, so forth. So, if you want to refer to
a programme where there is oppression of wom-
en it is that whole programme on displacement.
Whenever you displace anyone, the burden is
on women more than it is on any other person
and so that’s why I am saying they are not doing
enough. Any government that is clearly sensitive
to the rights of women will not allow that sort of
thing. I don’t know whether there are still people
out there who do not understand women’s rights
or to the extent of not knowing that these are not
separable from any other key issues. You cannot
have any issue of development which leads to
poverty which is not an issue of undermining the
rights of women, that’s my experience. Whenever
you create poverty, you are actually making wom-
en poorer.

PZ: Why do you think there is a convergence
by countries in the region to deny communities
the explicit right to say yes or no to development
projects?

LM: It’s a very good question. I have a very
clear answer to that, I think it’s a colonial men-
tality. The kind of governance we have in Africa,

NewsHawks News Page 15

Issue 62, 24 December 2021

Year 2021 in pictures

A gravedigger toils ahead of burial at the Zororo Cemetery, Chitungwiza in July. The month of July record-
ed a surge in burials of Covid-19 pandemic-related deaths.

The aftermath of the destruction of vending stalls by the City of Harare police in the township of Mbare in
June. The government approved the demolition of the stalls, which are a source of livelihood for many, as
there are not enough jobs in the formal sector.

Gravediggers busy burying a Covid -19 victim at the Zororo Cemetery , Chitungwiza on 27 July.

Harare City Council police and workers use a front-end loader to demolish illegal tuckshops in Houghton
Park Suburb in June.

The government introduced Zupco trains in September. July saw the arrival of the two million Covid -19 Covax vaccines bought from China. — Pictures: Aaron
Ufumeli

Page 16 News NewsHawks

Issue 62, 24 December 2021

Scores of people wait to be vaccinated at Parirenyatwa Group of Hospitals in July.

The Zimbabwe national soccer team participated in the 2021 World Cup Group G qualifier against South Oceanwaves grade seven primary school children line up for temperature checks and sanitising in August.
Africa at the National Sports Stadium in September 2021. Schools reopend in August for examination writing classes only after four months of forced closure due to
an upsurge in the number of Covid -19 cases.

A woman suspected to be ailing from Covid-19 lies on a stretcher bed before she is taken for test at Pari- A suspected Covid -19 positive elderly woman lies on a stretcher bed before being taken for a Covid -19
renyatwa Hospital in Harare in July. The country was struck by the Delta variant of the coronavirus and test at Parirenyatwa Group of Hospitals in July . The country was hit by the Delta variant, resulting in huge
although many people have been vaccinated, national herd immunity has not yet been achieved. demand for the first dose of the Covid-19 vaccine. — Pictures: Aaron Ufumeli

NewsHawks News Page 17

Issue 62, 24 December 2021

Special Covid-19
PANDEMIC coverage

DUMISANI NYONI Stimulus package: Ncube’s
US$18bn pie in the sky
THE ZW$18 billion Covid-19 economic re-
covery and stimulus package announced by the billion as Covid-19 slowed down business, Finance minister Mthuli Ncube Early this year, the Safari Operators Associ-
government in May last year to provide liquidi- stemming from travel restrictions and lock- are now struggling to restock and equip their ation of Zimbabwe pleaded for a US$100 mil-
ty support to several sectors of the economy re- downs. operations, according to industry officials. lion grant for the tourism sector after suffering
mains elusive amid acceptance by industry that the worst battering from pandemic-induced
the government sold the nation a dummy. This has left a deep hole for operators who Loss of jobs is estimated to have been 45% by hard lockdowns.
the end of 2020, official figures show.
Equivalent to 9% of the country’s gross do- Presenting the 2022 National Budget last
mestic product by then, the stimulus package month, Ncube revealed that the government
was meant to put Zimbabwe on a recovery had instead opted to issue domestic guarantees
trajectory following the devastating impact of amounting to ZW$24.2 billion and US$15.2
Covid-19. million as a form of cushioning to companies
against the effects of Covid-19.
Out of the amount, agriculture was allocat-
ed ZW$6.08 billion; industry (working capital A government guarantee is an arrangement
fund) ZW$3.02 billion; mining sector (ZW$1 in which a state entity undertakes payment of
billion); small and medium enterprise sup- a debt or performance of an obligation in the
port fund (ZW$500 million); arts sector fund event of default by the primary creditor.
(ZW$20 million), liquidity release from statu-
tory reserves (ZW$2 billion), health sector sup- Confederation of Zimbabwe Industries
port fund (ZW$1 billion); broad relief measures (CZI) chief executive officer Sekai Kuvarika
(ZW$1.5 billion); and food grant (ZW$2.4 bil- said: “Right now we don’t have a record of who
lion). got and who didn’t. I think there are some who
benefited but I can’t tell for sure because I don’t
Tourism was one of the sectors expected to have the official data.”
benefit from the stimulus package, with a prom-
ised allocation of ZW$500 million. The CZI’s Bulawayo chamber late last year
revealed that its members had not received their
The NewsHawks, in partnership with Trans- share of the government’s ZW$18 billion rescue
parency International Zimbabwe, has taken in- package.
terest in the use of funds meant for Covid-19, to
ensure transparency and accountability. Bulawayo Vendors Traders Association di-
rector Michael Ndiweni, however, said 77%
Industry players who spoke to The News- of their members got the money, though it was
Hawks this week said they were still waiting for insignificant.
the rescue package to materialise, while street
vendors, who were among vulnerable members “Government asked us to submit a database
of society meant to benefit from the funds, re- of our members. So we did submit those names
vealed they received a once-off payment equiv- and from the number which we submitted,
alent to US$5. 77% of our members got the once-off payment
of US$5 or ZW$600 which was really paltry
“There is not a single person who benefited because people said they used the money to buy
from that package. I remember our last engage- mealie-meal only,” he said.
ment with the Finance minister Mthuli Ncube
at the Zimbabwe International Trade Fair when Efforts to get a comment from Ncube as well
he said he was going to engage the banks and as his permanent secretary George Guvamatan-
then come back to us. This is because there was ga were fruitless as their phones went unan-
no order as to where we accessed the money swered.
from. There is no money to talk about,” Zimba-
bwe National Chamber of Commerce vice-pres- Tourism was expected to benefit from the stimulus package, with a promised allocation of ZW$500 million.
ident Golden Muoni said.

“There is not a single person who got that
money. So let’s just forget about it. Let’s talk
about how companies can start strategising post
Covid-19.”

Muoni said the government was not commit-
ted to releasing the ZW$18 billion package due
to fear of triggering inflation.

“For us as Zimbabwe, are we in a position to
print more money? What are the net effects of
printing more money right now? Inflation will
just shoot up. We are going to have more money
chasing a few goods,” he said.

“That’s the reason why these guys are not se-
rious about it. They just talk about it because
they know very well that if they print money,
this money is going to create more problems”.

The tourism sector, according to the Hospi-
tality Association of Zimbabwe (HAZ), is also
yet to receive the Covid-19 stimulus package.

HAZ said the funding has had implementa-
tion hiccups and the industry still awaits imple-
mentation.

Environment, Climate, Tourism and Hospi-
tality Industry minister Nqobizitha Mangaliso
Ndlovu recently confirmed to The NewsHawks
that the hospitality sector had not benefited.

He said the banks were not willing to lend
to the tourism sector because of its state at the
moment.

“It’s something that we are aware of (that
tourism players have not benefited from the
fund) and we are working on something which
will give the government better leeway. The
Treasury is working on giving us a fund, but
unfortunately, it has to be approved in Parlia-
ment,” he said.

The tourism sector lost in excess of US$1.1

Page 18 News NewsHawks

Issue 62, 24 December 2021

Some of The NewsHawks' 2021 biggest stories (Pages 14 - 61)

Mnangagwa’s regime lives in
mortal fear of a mass uprising
…crackdown on activists to prevent a Sarajevo moment what happened in Tunisia and other
OWEN GAGARE countries. So when you see Sikhala re-
Journalist Hopewell Chin’ono (left) with Senior MDC Alliance officials, Job Sikhala and Fadzayi Mahere were yesterday denied peatedly arrested, it’s because of such
THE arrest of award-winning Zimba- bail facing charges of peddling falsehoods. things. Chin’ono is seen in the same
bwean journalist Hopewell Chin’ono light. It has nothing to do with that
and two MDC Alliance leaders Job Ngarivhume was also arrested. “As you are aware, the matter was dis- down on opposition and civil society video or other things”.
Sikhala and Fadzayi Mahere is part of While sources said at the time cussed at the Zanu PF politburo meet- activists.
the security forces’ ongoing strategy to ing just before the 31 July protests.” Police say they arrested Chin’ono,
crush the July 31 Movement and pre- the Mnangagwa family was upset by Some of the departments involved Sikhala and Mahere for circulating
empt any possible “Sarajevo moment” Chin’ono’s corruption-busting social Two days before the mass action — were police CID Law and Order, CIO, falsehoods prejudicial to the state
which may be triggered by an uprising media activities, it later emerged that on 29 July — Mnangagwa confronted military intelligence and a shadowy through a video in which it was
against President Emmerson Mnan- his arrest was more political than that. his internal political rivals with the help structure which combines all the above claimed a police officer had struck and
gagwa’s government, well-placed secu- of CIO director-general Isaac Moyo at — The Ferrets. killed a baby with a baton.
rity sources told The NewsHawks. Mahere was arrested on 31 July a Zanu PF politburo meeting at party
2020 with other activists, including headquarters. “Before July 31, we gathered all the The uprising in Tunisia fuelled by
The sources said the country’s secu- award-winning author and filmmaker necessary information, analysed it and corruption, poverty, and political re-
rity apparatus — which comprises the Tsitsi Dangarembga. Falling short of implicating Chiwen- concluded that this demonstration is pression, forcing out President Zine
police, army and intelligence services ga, the CIO report represented in the not about corruption and all those is- al-Abidine Ben Ali in January 2011
— has concluded that although the Sikhala went underground with a meeting by Zanu PF secretary for secu- sues raised — it was about removing — triggering a wave of similar pro-
main opposition MDC Alliance has group of other activists that security rity Lovemore Matuke led to the sus- the government,” a source said. tests throughout the Middle East and
been neutralised, there are still signif- forces were hunting for. Police released pension of Cleveria Chizema and Ten- North Africa — was sparked by ven-
icant political security dangers. a list of the activists. dai Savanhu who were accused of being “So we launched a counter-attack: dor Mohammed Bouazizi’s self-immo-
part of the planned anti-governments deployed many cars in Harare, Bula- lation. He set fire to himself outside a
“Through various structures, police, The list also included 14 perceived protests. It then said Chiwenga was not wayo, Mutare, Gweru and Masvingo, municipal office in the town of Sidi
army and intelligence services, we al- militants, including MDC Alliance involved, yet indicating that there were as well as other towns to clamp down Bouzid in central Tunisia.
ways assess the political and security activists Makomborero Haruziviishe, people acting in his name. on the activists.”
situation in the country, and make Godfrey Kurauone, Ostallos Siziba, “Mnangagwa and his security ad-
important decisions. There were se- Denford Ngadziore, Allan Moyo, In that meeting, former Zanu PF Violent repression is part of Mnan- visers fear such a Sarajevo moment in
curity meetings and exchanges before Obey Sithole, Stephen Chuma and Ta- national commissar Engelbert Rugeje gagwa’s political survival strategy, to- Zimbabwe,” a source said.
Chin’ono, Sikhala and Mahere’s ar- jamuka/Sesijikile leader Promise Mk- — a Chiwenga ally — urged Mnan- gether with legitimation and co-opta-
rests,” a top security source said. wananzi. gagwa not to listen to “makuwa” — tion initiatives, as well as propaganda. The winds of the Arab Spring blew
rumours, as he moved to defend the as far down as Zimbabwe. Activists
“Since the 2018 elections, we have National Patriotic Front official Jim- party’s co-deputy leader. He reminded Although Sikhala was later detained, were inspired by the uprising and held
done many meetings and reports on my Kunaka, Zimbabwe Congress of Mnangagwa that it was Chiwenga and the protests were preceded by a fierce meetings to strategise to fight Mugabe.
the security situation. This allows us to Trade Unions president Peter Mutasa, other military cadres like him who put crackdown which led to arrests, abduc- Many were arrested. Itai Dzamara, a
identify threats, challenges, vulnerabil- Amalgamated Rural Teachers’ Union of him to power through the November tions and forced some activists under- journalist-turned-activist, staged one-
ities and risks in our political and secu- Zimbabwe president Obert Masaraure 2017 coup. ground. man demonstrations against the late
rity environment. Profiles and analyses and secretary-general Robson Chere, former president Robert Mugabe. He
of opposition political parties, civil and Godfrey Tsenengamu, leader of a Senior Zanu PF leaders loyal to Sikhala is seen as a threat due to his was arrested many times.
society organisations and individuals pressure group, the Front for Economic Mnangagwa insist the Chiwenga fac- bravery and influence, sources say. He
are constantly updated and this tells Emancipation in Zimbabwe. tion was part of the July 31 Movement. has also been outspoken against Mnan- After jointly addressing a massive
us who is a threat to the state and gov- “It’s common knowledge they were in- gagwa. Sikhala said on 31 July that the MDC-T rally at Zimbabwe Grounds
ernment and who is not, and why. We Mnangagwa and his allies are con- volved,” a politburo member said this heavy security presence showed a state in Highfield, Harare, with the late
have many files on a number of polit- vinced these groups constitute a threat. week. afraid of its citizens. founding party leader Morgan Tsvan-
ical actors who are closely monitored. girai, Dzamara was abducted into en-
“These groups and individuals are In the run-up to the mass stayaway, “Protracted demonstrations will be forced disappearance in 2015 — never
“Some of the characters are the seen as acting in alliance with a (Zanu government activated the state security the way forward,” he said. to be seen again.
ones who have been arrested. There PF) faction aligned to Vice-President apparatus to spearhead a fierce crack-
are many others on our radar. These (Constantino) Chiwenga to remove A security source said: “We don’t Like in Dzamara’s case, the abduc-
people are mainly classified as the July Mnangagwa,” a security source said. take lightly such statements. They are tion of journalism student Tawanda
31 Movement, members of a loose co- classified as a security threat. We know Muchehiwa — nephew to journalist
alition of activist groups that want to Mduduzi Mathuthu whose home was
overthrow the government. Security is raided and three people arrested — on
aware of their activities.” 31 July grabbed headlines.

Chin’ono and Sikhala were arrested Muchehiwa was abducted by state
last Friday. Mahere was arrested this security agents and brutally tortured
week. for three days.

Commenting on the latest crack- The operation involved police and
down, ex-Zanu PF strategist Jonathan Ferrets.
Moyo, a former minister and MP, said
yesterday: “The (Central Intelligence He was only released through a ha-
Organisation) CIO’s counter-intelli- beas corpus court order.
gence not only orchestrated the arrests
of Mahere, Sikhala and Chin’ono, but Muchehiwa subsequently left the
also led the arresting teams. As such, country for security reasons.
the arrests have nothing to do with law
and order. It’s about political intrigue “The arrest of Chin’ono, Sikhala
and Zanu PF factionalism. Re: 31 July and Mahere has nothing to do with
2020!” that video saga in reality, it’s a political
move to deal with the July 31 Move-
Chin’ono was initially arrested be- ment which keeps raising its ugly
fore the 31 July protests that further head,” a security source said.
exposed the Mnangagwa regime’s fears
and ruthless streak. He initially spent Securocrats supporting Mnangagwa
45 days in jail. He was arrested again — who spent many years of his polit-
and again. ical career under Mugabe in security
portfolios, intelligence and defence —
The filmmaking journalist was first are motivated by different factors: fear
picked up by police at his Harare home of losing power and trappings of office,
on 20 July 2020 and charged with “in- fear of prosecution for human rights
citement to participate in public vio- abuses and corruption, and a belief
lence”. that Zanu PF is the custodian of the
liberation struggle.
This came at a time when he had
helped expose corruption involving a Beyond arresting its opponents,
US$60 million Covid-19 procurement Mnangagwa’s regime, like Mugabe’s
and supplies deal linked to Mnangag- before it, accuses them of promoting
wa’s family and cronies. a violent regime change agenda at the
behest of foreign interests.
Opposition leader Jacob
“This is the real issue behind
Chin’ono, Sikhala and Mahere’s ar-
rests,” a security source said.

NewsHawks News Page 19

Issue 62, 24 December 2021

Ministers Covid-19 deaths strike
fear into the hearts of shaken VIPs
BERNARD MPOFU/
OWEN GAGARE · Weaponisation of virus looms large Mnangagwa will now only allow five min-
· Role of political contingency raised isters with him or any acting president to
THE shock death two days ago of Zim- preside over state occasions, including fu-
babwe’s Foreign Affairs and International President Emmerson Mnangagwa Vice-President Constantino Chiwenga nerals. Mnangagwa was yesterday forced
Trade minister Sibusiso Busi Moyo — the to interrupt his month-long annual leave
face of the military coup which ousted the The late minister of Foreign Affairs Sibusiso Moyo Rtd. Lieutenant-General Engelbert Rugeje after Manicaland Provincial Affairs minis-
late former president Robert Mugabe and ter Gwaradzimba died due to Covid-19,
brought to power President Emmerson the festive period, with a group of 15 fam- After having been besieged when his close Wilson Manase – was a blow to him. a few days after nationalist Morton Mali-
Mnangawga in 2017 — has struck fear ily members and friends. Moyo was also security details recently tested positive for “These issues are intertwined from anga passed on. A few ministers attended.
into the hearts of political bigwigs, secu- there with his family, including his wife. Covid-19, Mnangagwa is now facing a
rity sources say. Rugeje was also there. There were many fresh headache after four ministers suc- a political perspective. So connect the Shiri, who was also a major coup factor
VIPs in town. Hotels were full, restaurants cumbed to the virus, while several other threads.” and political variable, died of Covid-19
This comes as Transport minister Joel and the rainforest buzzing with a hive of allies, including close family members, amid reports of weaponisation of the vi-
Biggie Matiza died of Covid-19 today. activity. These VIPs couldn’t travel out have been under siege. Before all this, Mnangagwa wanted to rus and poison.
Four ministers, including Matiza, have of the country due to Covid-19, so they enjoy his time out and not involve himself
so far died. Others are Perrance Shiri, swarmed local tourist destinations,” the Sources say First Lady Auxillia Mnan- with work. But the rising cases, deaths of In Zanu PF politics, poisoning and
Ellen Gwaradzimba and Moyo. Former security source said. gagwa reportedly tested positive around ministers and Chiwenga’s exhaustion and accidents have always loomed large, al-
minister Aeneas Chigwedere and ex-Pris- the Christmas holidays, before pulling off downheartedness got Mnangagwa deep- though their role is yet to be properly
ons commissioner-general retired ma- “Moyo was staying in the presidential a quick recovery. But several of Mnangag- ly worried about the whole situation, a researched and exhaustively investigat-
jor-general Paradzai Zimhondi also died suite at Victoria Falls Hotel, but when wa’s other close political and business allies source said. ed. During Mugabe’s succession battle,
today. Officially, 962 people have died of Chiwenga arrived he vacated it for him are still battling Covid-19 infection. poison — real or imagined — played a
Covid-19. and moved to Elephant Hills Resort. Ru- Zimbabwe has in the past few weeks re- huge role, especially when Mnangagwa
geje was also staying at Elephant Hills. “Following her trip to Victoria Falls last corded a dramatic surge in deaths, which claimed he was poisoned at a Zanu PF
The sources said movers and shak- The three had a number of meetings, in month, the First Lady tested positive for now stand at 962 as of today. Cumulative youth interface rally in Gwanda.
ers are not just viewing Moyo’s death as which they discussed family issues, holi- Covid-19, but she self-isolated and recov- infections are 30 523. This recently forced
a mortality issue, but a serious political day events and serious political matters. ered from home. Medical experts had to Mnangagwa to take the country back into The poison incident and the attendant
contingency with far-reaching implica- attend to her at home as her security was lockdown. dramatic events became a catalyst of the
tions, including realignment of politics. Their meetings will have a bearing on told to stand down,” the security source Mugabe succession fight and his down-
Shiri and Matiza’s deaths are also politi- how political events will unfold going said. Mnangagwa, currently on annual leave fall. It triggered a chain of events and re-
cally material. After Moyo’s death, gover- forward, but Moyo’s death will affect so at a time Zimbabwe is battling the inten- actions — leading to Mnangagwa’s expul-
ment operations almost immediately shut many things.” “It’s only after a week that they learnt sifying Covid-19 pandemic, including sion and the subsequent coup — which
down, leaving just 10% of staff. that the First Lady had tested positive, attendant deaths, was last week forced actually propelled him to power within
Zanu PF is currently split into two but she has recovered. At least 20 police to abandon a trip to his Precabe Farm in three months.
Sources said political gladiators fear factions: one loyal to Mnangagwa and details (from the Police Protection Unit) Sherwood, Kwekwe, after several securi-
not just Covid-19, but more its potential the other one to Chiwenga. They are have also tested positive. Police are waiting ty personnel and his farm manager were However, sources say it was Malianga’s
weaponisation by their opponents and locked in political brinkmanship over an for results of nine others from the same struck by Covid-19. death which actually prompted Mnan-
concomitant political contingency — the unresolved leadership issue, flowing from unit; they were told the testing machine gagwa to return for the burials yesterday.
role of the unexpected, the accidental and Mugabe’s botched succession. is down.” Last October, Mnangagwa made This was decided earlier this week. Mali-
the unforeseen in politics. drastic changes to his security team after anga was a liberation struggle pioneering
Moyo was a Chiwenga loyalist. So is The source added: “Moyo’s illness and nearly 20 soldiers from the Presidential nationalist leader who rubbed shoulders
This comes at it emerged today Moyo’s Rugeje. In fact, most military players – subsequent death badly affected Chiwen- Guard Brigade, including some that were with founding liberation movement lead-
wife, Zimbabwe Anti-Corruption chair- those who executed the coup – are loyal ga. The VP already had family members, deployed to his motorcade, tested positive ers like Joshua Nkomo, Michael Mawe-
person Loyce Matanda-Moyo, a judge, to Chiwenga. Mnangagwa commands the relatives and friends affected by Covid-19. for Covid-19, a few days before the arriv- ma, Ndabaningi Sithole, Herbert Chite-
was yesterday rushed to hospital for support of his traditional Midlands and For instance, the death of his lawyer Wel- al of his visiting Malawian counterpart po, George Nyandoro, James Chikerema,
checks in panic. She is now in isolation. Masvingo political allies and newcomers. lington Pasipanodya – who worked with Lazarus Chakwera. Robert Mugabe, Jason Moyo and Enos
Fears are that those who had exposure to Nkala, among others.
Moyo, who was a retired Lieutenant-Gen- Due to fear of Covid-19, sources say
eral, particularly close associates who in- Malianga, who was a senior National
teracted with him during holidays and Democratic Party, Zapu and later Zanu
VIP parties, are also at risk. official, was detained with other top na-
tionalist leaders from Zapu and Zanu
The sources say Moyo’s family is bad- from 1964 to 1974.
ly shaken and political gladiators such
as Mnangagwa and co-Vice-President Although Moyo was respectful to
Constantino Chiwenga, who was not Mnangagwa, he was a Chiwenga loyalist
only close to the late minister, but also and a military man to the core.
had close encounters with him during the
holidays, are gravely worried. “SB (Moyo) was a soldier to the core. I
remember during the January 2019 riots
In particular, Chiwenga is said to be sparked by fuel price increases and a cock-
looking the worse for wear - visibly in a tail of other issues, his military instincts
poor physical condition due to exhaus- were back fulltime during that time,” the
tion. Besides being exhausted from bat- security source said.
tling Covid-19 in government, his health
has been badly failing. “I can tell you he used to carry an AK-
47 in his ministerial car those days. His
“SB (Moyo)’s death has sent shock thinking was if the situation deteriorated,
waves across his family and the political it might need a military solution, driven
landscape, especially among the power by civilian politics. Up to his death, that’s
elites. There is panic in Moyo’s family what he thought. He thought the politi-
and in the corridors of power,” a security cians are messing up again; as did Mug-
source told The NewsHawks yesterday. abe and his regime. He wasn’t happy. As
a result, Moyo was going to be key to the
“For the family, the fear is of infections resolution of the current problem.”
and the impact of that. For Chiwenga,
Moyo was a friend and close ally. But Presidential spokesman George Cha-
beyond that the two also met in Victoria ramba said Mnangagwa has not been ex-
Falls during the festive holidays. So there posed to Covid-19 as widely feared.
is a personal risk involved and a political
risk too. “He (President) was not exposed and
was not in isolation. I was actually with
This is critical. him this morning. She (First Lady is well
“For Mnangagwa, it’s personal and and you will be able to see her continu-
political too. He liked Moyo a lot for his ing with her humanitarian work after the
discipline and courage, and there was modalities of how to get her team back
mutual respect, but in reality the minister to work have been worked out,” he said.
was a Chiwenga ally. Mnangagwa is shak-
en that his ministers are dying. Covid-19 “He (Vice-President Kembo Mohadi)
has struck on his doorstep at home and is back from Beitbridge and was in the
work, just like in Chiwenga’s case, as he office this morning. He even had plans
has lost friends and relatives.” to travel and visit his late brother’s grave
In a critical encounter, Chiwenga with his family but has not yet been able
met with Moyo in Victoria Falls. For- to do that. But he was in the office this
mer Zanu PF national commissar retired morning.
Lieutenant-General Engelbert Rugeje was
also there. “He (Vice-President Chiwenga) is at
This was the nucleus of the 2017 coup, work and was even having a virtual meet-
together with some who have been retired ing with one of the friendly countries. He
by Mnangagwa in a bid to neutralise the has been working really hard balancing as
military faction. acting President and the Health ministry
“Chiwenga was in Victoria Falls during and we had a spike in deaths and new in-
fections. So the President advised him to
take a break and not attend the burial at
Heroes Acre. That is the reason he did not
attend.”

Page 20 News NewsHawks

Issue 62, 24 December 2021

President’s wide powers on mining
fuel extractive resources corruption

Why Zimbabwe is not
benefitting much
from its richly abun-
dant mineral wealth

OWEN GARARE

THE excessive, wide and discretionary President Emmerson Mnangagwa speaks to Zimplats officials
powers of the President of Zimbabwe
and Minister of Mines over the coun- the President (a political office), with “The level of corruption in Zimba- and  smuggling. Gold  is the country’s background, the study investigated the
try’s vast mineral resources and their powers to appoint a minister (responsi- bwe’s mining sector is generally high biggest foreign currency earner. impacts of corruption in Zimbabwe’s
allocation is perpetuating rampant ble for mines), who in turn appoints the when compared to other sectors in the mining sector.”
corruption in the mining sector, an in- Mining Affairs Board makes the sector country,” it says. “Although corruption In has been widely reported that bil-
vestigation commissioned by the Zim- political. The board which is supposed is found across majority of minerals, lions of dollars have been looted and The study employed an integrated
babwe Anti-Corruption Commission to make critical mining-related deci- study respondents indicated that cor- salted away from the diamond sector, triangulation approach that allowed
(Zacc) says. sions means that the independence of ruption is very high in the following especially the Marange alluvial mining for collection and analysis of both
the board will be compromised by the three minerals (listed in order of cor- concessions which caused global con- qualitative and quantitative data and
Government says it wants to build a appointment of these politically ex- ruption severity) (i) gold, (ii) diamond troversy, amid a previous storm over information. That is, in conducting
US$12 billion mining sector by 2023. posed persons.” and (iii) chrome (ferrochrome). Plati- blood gems. the research, the consultant – Ma-
num and black granite are other min- kochekanwa — in collaboration with
An investigative report, titled The Im- The report adds: “Those giving (min- erals that were said to have high level of The late former president Robert Zacc — collected data and information
pact of Corruption on Zimbabwe Mining ing claims) land use their discretionary corruption.” Mugabe once claimed US$15 billion from diverse and randomly selected
Sector, done by Albert Makochekanwa, powers to give people who give them had been stolen from Marange, an as- institutions and participants. The cri-
a University of Zimbabwe economics bribe money, and this trend perpetu- Corruption in mining takes differ- sertion he later admitted to journalists terion for selecting the participants was
professor, and submitted to Zacc last ates corruption in the mining sector. ent forms, including bribery involving was not substantiated with facts and based on their knowledge of activities
year, shows the sector is rotten to the As has already been discussed, conflicts officials to get claims, extortion of min- figures. Corruption runs deep in min- in the country’s mining sector, directly
core. between landowners e.g., farmers and erals and foreign currency from artis- ing, the report further explains. or indirectly.
miners with regards to land use has anal small-scale miners, mining claims
It says the extractives sector – buffet- sometimes resulted in continued cor- ownership disputes, under-declaration “Rampant corruption in Zimba- Two broad approaches were used:
ed by corruption, and environmental ruption as the one (between the two) of resources, inflating of figures by con- bwe’s mining sector threatens to erode primary data and information gather-
and sustainable development challeng- with more money being able to bribe tractors, licences to sell minerals, illegal the potential the sector has to contrib- ing through field visits and interviews
es – is far more corrupt than others. his or her way out”. selling of minerals to foreigners and ute towards economic recovery and — with institutions and participants
outside Zimbabwe, abuse of office by drive socio-economic development in — where relevant information was
The report was officially presented at Zacc is under pressure to investigate Mines officials and politically exposed the country,” it says. collected through the use of a question-
a function held last November. Zacc is the rampant corruption in the mining persons, and manipulation of institu- naire. Secondary data sources, includ-
now under pressure to act on the crit- sector – which is mainly driven by polit- tional framework that seeks to combat “Widespread corruption that has ing comprehensive desk review, were
ical study, which says vesting mineral ical, bureaucratic and licensing system corruption. permeated the country’s mining sec- utilised. On field visits, the research sys-
resources control in the President and actors – from which billions of dollars tor brings to fore the resource curse tematically collected information from
the Mines minister is perpetuating cor- have been siphoned. Government officials, including phenomenon, where in the case of key informants who are knowledgeable
ruption. ministers, have repeatedly said Zimba- Zimbabwe, it is very difficult to point about the mining sector.
The report details the nature and bwe is losing US$100 million worth of evidence of pro-poor developments
It says the situation is worsened by forms of corruption within the mining gold every month through corruption that have solemnly been done using The report says corruption in min-
the obsolete Mining Act (1964) that sector. proceeds from the country’s mining ac- ing has done huge economic and socie-
has too many gaps and weaknesses tivities over the years. tal damage in Zimbabwe.
which allow corruption to thrive to a Unki Mine
point where Zimbabwe is now practi- “Rather, evidence of the resource “The impact of corruption shows
cally facing a resource curse phenome- curse in Zimbabwe is depicted by wide- that the biggest loser from this evil vice
non instead of prosperity. spread environmental degradation, is the society at large as corruption caus-
pollution of water systems, loss of liveli- es unnecessary resource outflows and
“Another major weakness of the Act hoods, forced evictions and relocations, leakages, discourages honest entrepre-
is that it vests minerals endowments of drug shortages at rural hospitals and neurship, encourages tenderpreneurers,
Zimbabwe in the President and not the clinics, dilapidated school infrastruc- and retards economic growth,” it says.
state, giving any incumbent president ture, collapsed bridges and poor road
unlimited powers in decision relating networks in areas where mining is tak- “In the case of Zimbabwe, all the ma-
to mining claim allocation and other ing place. jor types of corruption are experienced
related activities. This opens windows and these include (i) grand corruption,
for corruption in the form of bribery “Thus, instead of being a blessing to (ii) political corruption, (iii) corporate
and kickbacks,” the report says. the general citizens, Zimbabwe’s min- corruption, (iv) bureaucratic/adminis-
eral resources are increasingly turning trative corruption, (v) petty corruption
“Closely related to the above, the Act out to be a resource curse. This is very and (vi) systemic corruption.”
also gives the Minister of Mines exces- unfortunate given that the expected
sive discretionary powers with limited ultimate goal for any mining company The report also deals with factors
accountability to his or her actions, should be to leave a net positive ben- perpetuating corruption.
thus making him or her vulnerable to efit to the surrounding communities
corruption. The Act also says mining and the country in which it operates “A number of factors have been enu-
supersedes all land use, giving rise to when mining is completed. Given this merated as possible perpetuators of cor-
conflict between miners and farmers. ruption in the mining sector,” it says.
Given that, in most cases, miners are
rich or politically connected people, the
end result is that poor peasant farmers
will be displaced from their land even
without any meaningful compensa-
tion.”

The report further says the other big
problem is political abuse of office by
politically exposed persons.

“The involvement of politically ex-
posed persons in the mining sector has
perpetuated corruption. These people
use their power to give or facilitate min-
ing claims for their siblings, relatives
and friends, and in most cases those
who get such claims will not be having
any capacity to mine, but they use the
claims for speculating purposes or for
renting out,” the report states.

“Such nepotism and favouritism
have resulted in some owning lots of
claims while those with capacity are left
out. The fact that minerals are vested in

NewsHawks News Page 21

Issue 62, 24 December 2021

Some of the factors include mining says. lenge comes in when they abuse their Minister of mines Winston Chitando. “Second, over the years the govern-
licences application. “In the area of The other complications include risk respective offices to corruptly influence will guarantee a given company quick- ment have been providing state (finan-
mining license application, a number mining activities. ening of any process the company may cial) subsidies to improve working cap-
of issues have contributed to the pres- of insufficient community consultation want, and protection whereby the pol- ital and capital expenditure for some of
ervation of corruption. First, delays in and concealed identity of applicants. “The involvement of politicians and itician assures the company that even if the SOEs. Unfortunately, some of these
processing and issuing of licences given political corruption has been one of the the latter breaks any mining regulation, subsidies have corruptly ended up in
that the unavailability of standard turn- “Secrecy in names behind some major channels through which corrup- the company will not be persecuted. individual pockets.
around time has resulted in potential mining activities have been a catalyst tion in the mining sector has continued Lastly, some politicians, even within
miners offering bribes to ‘speed the for corruption in the sector,” the report to exist. The influence of politicians has the same political party, employ a pol- “Third, lack of adherence to corpo-
wheels’ of the processing wagon,” the says. been noted in different ways. icy of name dropping when they are rate governance is one of the reasons
report says. either jealous of their colleague or they which have sustained and increased
“Low transparency and the fact that “First, trends in the country’s mining want to fix him or her. They corruptly corruption in SEOs as they deal with
“Second, the fact that the ultimate no information is shared with the pub- sector has shown that whenever there pay the officials who man the mining mining sector. Fourth, the reporting
processing is centralised and done in lic with regards to the beneficiaries or are discoveries of minerals, politicians registration books and claim that the mechanisms that some SOEs use are
the Ministry of Mines and Mining De- owners of various mining companies do all they can to get the claims or they political party wants person X to be tailor made to ringfence and protect
velopment Headquarters (in Harare) has been a way of evading accountabili- frustrate the owners till they vacate, dropped from the list.” politically exposed persons political-
has contributed to the temptation to ty and openness. fearing for their lives. ly appointed to run the affairs of the
offer bribes for one’s application dos- The report also says state-owned en- SOEs’ boards.”
sier to be processed faster. “Third, the “For without transparency on who “Second, in some instances, award- terprises (SOE) in mining are corrupt
manual processing, as opposed to com- the applicants are and whether they ing of mining claims and contracts has as evidenced by the Auditor-General’s Transfer pricing is yet another prob-
puterised, of the mining application meet the criteria, money can be used to been facilitated mainly towards politi- annual reports. The high and sustained lem.
has meant that the whole application twist allocations of rights, and without cally connected people, with other gen- level of corruption in parastatals has
system is susceptible to manipulation. transparency there is no accountability. uine bona fide and capable investors left been due to a number of reasons in- “Internationally, transfer pricing
Fourth, unavailability of a mining ca- in the cold. cluding the following. is most rampant in the mining sector
dastre and digital mining register gives “In Zimbabwe, lack of beneficial than any other sector. This is due to,
powers to officials to adjudicate, thus ownership clauses has been a loophole “Third, tendencies by the ruling po- “First, if those who run SOEs (Exec- among others, the fact that mining
prone to corruption and manipulation. which has been exploited by politically litical party requesting mining entities utive and Board Members) are appoint- companies tend to have branches and
exposed persons and government offi- to fund party projects, programmes ed on political grounds, they will just subsidiaries across different countries to
“Lastly, some mining prospectors cials to use proxies and third parties to and campaigns has been enumerated as extend political corruption in SEOs satisfy their value chain, and Zimbabwe
bribe officials to jump the various gain access to vast hectarage or acres one of the factors which have preserved activities. Majority of study partici- is not an exception. In the case of the
queues and even have their papers of mineral resources. Some politically corruption in the sector. Fourth, there pants claimed that there has been a lot country’s mining sector, transfer pricing
backdated by various months or years exposed persons and rich people have have been instances where sometimes of tokenism on appointment of man- has perpetrated corruption in a number
so that they are construed to have been used different identities (or names) to politicians have asked mining houses agement, weak autonomy and political of ways including the following two.
on queue for the longest time.” get as many mining claims as possible.” for off-the-book payments in the form meddling in decision making of the First, there are cartels running mining
of ‘facilitation’ or ‘protection’ fees. country’s parastatals,” it says. activities in the country. Transfer pric-
The other problems include mining Secrecy in the sector is also problem- ing is the setting of the price for goods
approvals. atic. “Facilitation whereby the politician and services sold between controlled (or
related) legal entities within an enter-
“The system has, over the years, been “Mining deals and contracts in Zim- prise. For example, if a subsidiary com-
accustomed to the fact that without babwe are done with uttermost secrecy pany sells goods to a parent company,
bribing, one’s papers may take forever to the extent that the citizens, who are the cost of those goods paid by the
to be signed or approved,” it says. the rightful owners of the country’s parent to the subsidiary is the transfer
mineral endowments, are clueless of the price,” it says.
“Mining regulations and statutes various mining deals done with both
have also contributed their share to- local and foreign mining companies,” “These cartels are involved in exter-
wards sustenance of corruption in the it says. nalisation of funds as well as shipping
sector. Double allocation of mining of locally generated money to various
claims has not only been a breeding “The Non-Disclosure Agreements tax havens outside the country. All
group for corruption in the sector for signed by government makes it im- these activities are facilitated by brown
years, but has acted as a catalyst for per- possible to scrutinise the contracts and envelopes given to officials who are
petuating this evil. compliance terms, thus making it dif- found in various institutions.
ficult to hold both mining companies
“Double allocation has been a re- and government accountable. The con- “Second, there is currently no train-
sult of a number of factors including tinued process where there is limited ing which is provided in the area of
the following: Lack of a harmonised, or hiding of information has become a curbing corruption especially to those
foolproof and computerised mining al- breeding ground for corruption as the who handle and deal with mining sec-
location system has been a major factor citizens will not be privy to relevant tor procedures. This corruption has
in preserving corruption in this area of and valuable information necessary for been sustained even in cases where
mining process chain. them to make follow-up and ask for ac- training could have reduced this im-
countability. morality.”
“Lack of protection for corruption
whistleblowers. The fact that there is “The participation of politicians in Further, there is no transparency on
no whistleblower protection when one mining sector, although it’s not a prob- ultimate beneficial ownership in most
reports corruption in the mining sector lem per se as it is their legitimate right as cases.
has been one of the many reasons why citizens of Zimbabwe to do so, the chal-
corruption has remained and contin- “Lack of transparency with respect
ued to exist in this sector. As long as the to ownership of various companies in-
corruption issue involves big politicians volved in the mining sector has meant
or elites, the whistleblower will be si- that even corrupt people are mine own-
lenced by threats. Thus, lack of whis- ers. There have been reports whereby
tleblower protection is a contributing individuals and businesses have been
factor towards corruption as perpetra- used as fronts, but with no power to
tors continue without any fear or any prevent inappropriate business prac-
possible deterrence.” tices if the instigator of such practices
is the real owner behind the scenes,” it
Then there is the obsolete Mining says.
Act (1964) problem which has too
many gaps and weaknesses. “Whilst the Companies Act has pro-
visions around beneficial ownership,
“This Act unfortunately has many there is still lack of transparency and ac-
gaps and it is not commensurate with countability on this issue when dealing
our modern societal and community with some mining companies.”
expectations and aspirations. Further-
more, the Act makes no provisions for Zimplats
transparency and accountability in the
sector, thus indirectly implying that
those who can be corrupt can easily es-
cape,” the report says.

“Another major weakness of the Act
is that it vests mineral endowments of
Zimbabwe in the President and not the
state, giving any incumbent president
unlimited powers in decision relating
to mining claim allocation and other
related activities. This opens windows
for corruption in the form of bribery
and kickbacks.”

The report also says there is a serious
problem of flawed environmental and
social impact assessment approvals.

“Environmental and social impact
assessments are part and parcel of re-
quirements for any sustainable mining
activities in most societies. However, in
the case of Zimbabwe’s mining sector,
these assessments have sometimes been
flawed due to a number of reasons,” it

Page 22 News NewsHawks

Mnangagwa’s Issue 62, 24 December 2021
cabinet hiatus
highlights Zim
leadership crisis

BERNARD MPOFU The same section of the Supreme had 369 deaths and cumulatively 15 While government appeared to President Emmerson Mnangagwa
Law further states that: “Cabinet 829 cases. Upon his return on Feb- have been on auto-pilot, an in- opment), Professor Amon Murwira
AT a time when the surge in meetings are presided over by the ruary 1, there were 1 234 Covid-19 ter-ministerial task force on Covid-19 (Higher and Tertiary Education,
Covid-19-related deaths is dramat- President or, in his absence, by a fatalities. This means 865 people died was occasionally making decisions Innovation and Science Technolo-
ic, amid new rampant cases of the Vice-President or, in their absence, while he was away. As of yesterday apparently directed by the president. gy Development and Information,
pandemic, the Zimbabwean govern- by a minister referred to in Section there were 34 171 cases and 1 288 Publicity and Broadcasting Services
ment’s primary policy-making body 100 (1)(c).” fatalities. Last March, Mnangagwa appoint- Monica Mutsvangwa.
- cabinet - has not been meeting, The ed 11-member inter-ministerial ad
NewsHawks has established. This suggests cabinet does not only While Mnangagwa was away, there hoc taskforce on Covid-19 after Moyo, Matiza and Shiri suc-
have to meet when the President is was little visibility for his deputies on Zimbabwe reported first cases of the cumbed to Covid-19. Manicaland
The last time Zimbabwe’s cabinet there; it can and should meet even Covid-19-related issues, or anything pandemic. Provincial Affairs minister Ellen
met was on 8 December 2020. That in his absence given its critical role related to public affairs. Gwaradzimba also died of corona-
was well before President Emmerson in decision-making and governance The taskforce includes former virus. In the absence of post-cabinet
Mnangagwa went on his annual leave processes. While he was acting president, Health minister Obadiah Moyo, who briefings, then acting Information
from 1 January 2021 to 1 February Mohadi made some statements on chaired the team, July Moyo, deputy minister Jenfan Muswere periodi-
2021. But when Mnangagwa was on purported availability of intensive chair (Local Government and Public cally issued statements on important
leave none of his deputies chaired a care unit beds, while Chiwenga, who Works), Oppah Muchinguri-Kashiri issues.
Mnangagwa’s co-deputies, Kembo cabinet meeting. Even then, cabinet was largely holed up at his Chinese (Defence and War Veterans Affairs),
Mohadi and Constantino Chiwenga, had last meet on 8 December before villa in Borrowdale, announced the Kazembe Kazembe (Home Affairs Kudzai Kadzere, a Harare-based
alternated as acting president in-be- he went on leave. renewed lockdown and made a few and Cultural Heritage), the late For- human rights lawyer, said while the
tween. Mohadi held the fort from remarks. eign Affairs minister Sibusiso Moyo, constitution is silent on how regular
1 January to 14 January, while Chi- When he came back on Tuesday the late Transport minister Joel Big- cabinet should meet, Clause 3 of the
wenga came in from 15 January to — traditional cabinet meeting day Mnangagwa yesterday announced gie Matiza, Mangaliso Ndlovu (En- country’s Supreme Law which deals
1 February, although he was hardly — Mnangagwa did not convene an Zimbabwe had finalised plans on vironment, Climate, Tourism and with the national objectives speaks
visible as he was said to have been expected cabinet meeting, physically its Covid-19 vaccine rollout, adding Hospitality Industry), Mthuli Ncu- to good governance, which implies it
“exhausted”. or virtually. 60% of the population would be tar- be (Finance and Economic Devel- is a requirement for cabinet to meet
geted during the first phase. regularly. Good governance cannot
Chiwenga’s health is frail after There are always post-cabinet me- be served by erratic meetings or a
he fell seriously ill and was flown as dia briefings introduced after Mnan- cabinet hiatus.
an emergency to China for medical gagwa came into power in 2017. The
treatment in 2019. last one was on 8 December 2020. “Cabinet is the highest deci-
Constitutionally, Mnangagwa’s office sion-making body and citizens ex-
However, there was confusion exists to capacitate and help him in pect all-hands-on deck from it, espe-
within the executive yesterday after leading state and government insti- cially during a time of an emergency
Mnangagwa addressed as someone tutions to execute his constitutional like right now with the Covid-19
back at work, while Chiwenga issued responsibilities and duties. This is ar- situation. The failure by cabinet
a statement, saying he was still the ticulated in Section 89 and 90 of the to meet regularly, as implied in the
acting president. constitution. constitution, is serious dereliction
of duty. While there is a taskforce in
Mohadi and Chiwenga did not The office is mandated to provide place dealing with the pandemic it is
hold any cabinet meetings for the strategic policy direction, coordina- not enough and does not and cannot
whole of last month, just as Mnan- tion, monitoring, advisory oversight, substitute cabinet,” Kadzere told The
gagwa failed to do so this week upon planning and ensuring efficient ser- NewsHawks in an interview.
his return to work. Prior to that, he vice delivery of government minis-
had failed to hold cabinet after 8 De- tries and departments. “It must also be remembered that
cember 2020. cabinet has a five-year tenure derived
While the cabinet is in hiatus, from the national elections. Its scope
The failure by cabinet to meet Covid-19 cases and deaths spiked. for operation is thus limited, hence
has raised eyebrows and fundamen- Nearly 1000 people died while time lost cannot be recovered, partic-
tal questions on Mnangagwa’s lead- Mnangagwa was away. ularly during such times of adversity
ership form and content, style and and crisis due to Covid-19.”
fitness to govern. It has also raised After the last cabinet meeting, at
queries about decisions which have the 44thpost-cabinet briefing, gov-
been made and announced of late to ernment said Zimbabwe had 1 0547
contain Covid-19, as well as on other confirmed cases of Covid-19.
issues — suggesting an arbitrary exer-
cise of power or dereliction of duty, When Mnangagwa went on his of-
or both. ficial leave on 1 January 4, Zimbabwe

Zimbabwe’s government is run
through a cabinet system. Hence,
cabinet makes critical decisions and
interventions for government minis-
tries, departments and authorities —
the professional state bureaucracy - to
implement.

The Office of the President and
Cabinet is the highest office in the
land. It comprises Mnangagwa, Mo-
hadi and Chiwenga, cabinet minis-
ters and ministers of state.

Section 105 of the constitution
states that cabinet consists of the
President, his two deputies and min-
isters appointed by the head of state
to the cabinet. The Attorney-General
and Chief Secretary to the President
and Cabinet are ex-officio members
of cabinet.

NewsHawks News Page 23

Issue 62, 24 December 2021

Chief Justice Luke Malaba sweats
over looming retirement dilemma

BERNARD MPOFU …To go or not to go, that’s the question Chief Justice and the Judge President
of the High Court after consultations
ZIMBABWE’S Chief Justice Luke President Emmerson Mnangagwa (left) seen here sharing a lighter moment with Chief Justice Luke Malaba. with the Judicial Service Commission.
Malaba – who by operation of law Appointment of other judges remains
retires at midnight on 15 May 2021 performance of judges improved under ber his judgment that (the late former While lawyers may differ over Mal- the same – through public interviews.
when he turns 70 years old – faces the him,” a senior judicial officer told The president aba’s legacy, they certainly agree on one
biggest question of his long professional NewsHawks. thing: he must retire. Yet he badly wants But then again, there is a new prob-
career as a judicial officer: to go or not Robert) Mugabe resigned voluntarily to stay on. lem.
to go? “Access to justice also widened and – through a coup – in a bid to legitimise
improved. He took the courts to the and protect Mnangagwa’s administra- This was evident in his official open- Even if the second amendment is
Current constitutional provisions set people through decentralisation and tion after the (Justice George Chiweshe) ing of the 2021 Legal Year on 11 Janu- passed into law, the constitution does
the maximum age limit of judges at 70 improvements of the working condi- ruling also legitimising the coup? ary last month. Despite that being his not allow the law to be applied in ret-
years – meaning Malaba automatically tions in the courts. For instance, he last official address, he did not make it rospect, meaning incumbents cannot
retires on 15 May 2021 midnight. This opened the Mutare High Court, decen- “Then there is the disputed 2018 his valedictory speech, showing he is benefit. It is for future application.
applies across the board, without excep- tralised the Master of High Court and presidential electoral petition. He re- hoping to hang on.
tion. Office of the Sheriff, and commissioned portedly whipped judges into line to So there is a serious moral hazard
new courts in townships, including in help out Mnangagwa again. After that By contrast, Chidyausiku delivered a and political risk for Malaba in all this.
However, those close to the calm Epworth. it has been a series of controversies. For valedictory speech on 16 January 2017.
and soft-spoken man who currently sits example, that circular to judges which Section 328 of the constitution
at the zenith of the judiciary, the third “He also opened the New Labour said judgments must first be seen by the But for Malaba to stay on, The Con- which provides that “an amendment
arm of the state, together with the exec- Court; specialised commercials courts head of the court. I know the idea was stitution of Zimbabwe Amendment to a term-limit provision, the effect of
utive and the legislature, say he is pro- and made renovations of the courts to ensure judgments are delivered time- (No. 2) Bill [H.B. 23, 2019], gazetted which is to extend the length of time
fusely sweating over this issue. He has around the country, in Harare, Bula- ously, but he also wanted supervision as on 17 January 2021, must be passed that a person may hold or occupy any
lost his cool as he is anxious to know his wayo, Mutare, Gweru and Masvingo, in control and subtle intimidation. into law first. public office, does not apply to any per-
fate, informed sources say. among other places. Malaba also intro- son who held or occupied that office, or
duced e-justice; the integrated electron- “There is also the issue of circulating Public consultations on the Bill were an equivalent office, at any time before
“The Chief Justice is in a big dilem- ic case management system that will judgments of the Supreme and Con- held from 14 June 2020 to 19 June the amendment”.
ma,” a top ministry of Justice official see Zimbabwe having its first paperless stitutional Court benches among all 2020. The amendment process is still
told The NewsHawks. “The issue is he court. Overall, he improved the justice judges in those courts before they are on. A “term-limit provision” is defined as
is supposed to retire in May, but he delivery system. delivered. This is designed and calcu- “a provision of this constitution which
doesn’t want to go. He wants the con- lated to make sure he sees all the judg- If passed, the amendment will allow limits the length of time that a person
stitution amended – Constitutional “That is on administration and lead- ments before they are delivered since he the President to extend the tenure of a may hold or occupy a public office”.
Amendment (No.2) – for him to ben- ership; yet as a judge he also made a is a member of those courts. It is a sub- judge who has reached the age-limit by
efit and stay on when he is the incum- number of important judgments – so tle way of trying to psychologically and up to five years through options of one- The provisions which set the max-
bent. This is a big constitutional and his contribution is great.”However, one practically pressure and control judges, year extensions at a time. imum age limit of judges restrict the
political conundrum.” senior lawyer said while Malaba con- obviously for political purposes. length of time that a person may hold
tributed a lot, the downside was equally This further consolidates the power or occupy office as a judge, which is a
While Malaba, whom lawyers and bad. Of late, he has done huge dam- “This is a bad practice. It under- of the President, while weakening the public office.
legal analysts say made significant con- age to the reputation of the judiciary mines the integrity of judges, judicial separation of powers and state institu-
tributions to the judiciary, jurispru- through many controversial actions. independence and institutionalises in- tions, as well as democracy. This was done to prevent precisely
dence and law development in Zimba- terference and control. Malaba used what Malaba is trying to do – self-serv-
bwe, despite recent unsavoury incidents “I understand all those achievements, to write well-reasoned and interesting Already, The Constitution of Zim- ing amendments to benefit incum-
which showed political interference and but the negative aspects, first of trying judgments, including separate and dis- babwe Amendment (No. 1) Act, pub- bents. So Malaba can only stay on if
judicial capture, can make life easier for to hang onto power, and second of senting rulings. But under him now lished in a government extraordinary Section 328 of the constitution is also
himself by just retiring, the problem is compromising the judiciary, are seri- there are no separate and dissenting gazette on 7 September 2017, gives the amended, which will be unprecedent-
that he wants to hang onto power. ous,” the lawyer said. judgments anymore. Why? Because he President power to appoint the Chief ed.
has allowed capture of the judiciary. So Justice. It reverts to the old authoritari-
A veteran legal practitioner said Mal- “Since the coup and the elections, he for me, he has a mixed record.” an constitutional dispensation, rejecting Age-limits ensure judges enjoy secu-
aba should retire to protect his legacy came in as a captured judge. Remem- the current democratic one. rity of tenure throughout their term.
and integrity of the judiciary. The ju- When a judge is given extensions — at
diciary, which interprets the laws and Overall it allows the President to the behest of the President — he loses
protects the constitution —thus en- appoint the Chief Justice, the deputy his or her independence as they will al-
trenching constitutionalism — is the ways have to pander to the whims and
cornerstone of democracy. caprices of the appointing authority
who has discretion on renewals for fear
“This is an important issue,” the legal of disappointment.
guru said. “It is as much about Mala-
ba, the Chief Justice, as it is about the That judges beyond 70 years would
integrity of the judiciary and constitu- need a certificate of fitness to get an
tionalism; democracy and the rule of extension is academic as the President
law. retains the power to appoint or disap-
point.
“At a personal level and in terms of
performance and legacy, Malaba is a This translates into heightened vul-
good-natured person and a profession- nerability for the judge.
al. He has done a lot of good things
for the judiciary and this country. His If Malaba is given the extension, that
reforms are significant. His contribu- will drive the final nail into the coffin
tions to jurisprudence and law devel- of judiciary independence, integrity of
opment are also important. In other judges and justice delivery in Zimba-
words, he has helped to build a culture bwe.
of constitutionalism despite the current
challenges. But what he is now trying Malaba came into office on 27
to do will damage his reputation and March 2017 under Mugabe, who ac-
his legacy. It will hurt the integrity of tually wanted Justice Rita Makarau to
judges and the judiciary, and erode take over from Chidyausiku. Before
constitutionalism. The consequences of that, he had been acting chief justice.
his decision will be far-reaching. That is Chidyausiku’s succession was mired in
why he should just retire.” partisan political battles in a toxic en-
vironment.
Checks by The NewsHawks show
Malaba made many positive contribu- Mnangagwa and his Zanu PF mili-
tions. He improved the qualitative and tary-backed faction, which later ousted
quantitative performance of judges on Mugabe through a coup in November
delivery. He also demanded efficient 2017, wanted to seize control of the ju-
and quality judgments with strict su- diciary for political reasons – to under-
pervision and accountability. write the coup.

“The qualitative and quantitative The adoption of the age-limit was
to ensure certainty and transparency in
judicial retirement and succession pro-
cesses as it guarantees security of tenure
from start to finish. Beyond that, it is a
slippery slope.

Page 24 News NewsHawks

Issue 62, 24 December 2021

NewsHawks News Page 25

Issue 62, 24 December 2021

Chiwenga builds new luxurious mansion

PROUD MOYO

VICE-PRESIDENT Con- Chiwenga’s new mansion cost millions of dollars to build, but the source of his wealth remains a mystery.
stantino Chiwenga – whose
previous two divorce cases Since his return from Chi- cock Villa Hotel along King- Rosary Close in Greystone love his fine whiskies – par- treatment in South Africa
revealed that he is loaded na in November 2019 where smead Road in Borrowdale Park suburb, also in the Bor- ticularly Johnny Walker Blue and India, to no avail.
with money, property and he was saved from the jaws of in Harare owned by Anjin rowdale area. For the former Label and others – has quit
businesses — has complet- a critical illness after being — a joint venture between Zimbabwe Defence Forces drinking on health grounds He underwent two deli-
ed building a new luxurious in the intensive care unit for the ministry of Defence and commander’s convenience, after spending about five cate operations in Beijing to
mansion in Harare’s upmar- months and then immedi- a Chinese investor – after he his “White House” has an el- months in China in 2019, clear part of his oesophagus
ket Borrowdale suburb. He ately divorcing his wife Mar- abandoned the house he said evator to take him up to his receiving treatment for a which was blocked. He was
is expected to move into the ry, Chiwenga moved out of is of “sentimental value” to expansive bedroom upstairs. life-threatening ailment. admitted in an intensive care
jaw-dropping home soon, in- their matrimonial at No.614 him. Even though he man- unit of a state-of-the-art hos-
formed sources say. Nick Price Road in Zimba- aged to evict Marry from the Truckloads of proper- A sickly and emaciated pital for some time before
bwe’s prime housing estate, Brooke with the help of the ty, groceries and expensive Chiwenga was rushed to Bei- being moved into a private
The cost of the new house Borrowdale Brooke. The es- army, Chiwenga still moved whiskey, according to cred- jing in July 2019 at a time ward.
runs into millions of dollars. tate was developed by Zim- out. ible sources, were recently many government and family
The source of Chiwenga’s babwean golf legend Nick delivered to the mansion, members had lost hope that At the time he was airlift-
wealth remains a mystery. Price, who reached No.1 on Initially, Chiwenga left the an indication that the VP’s he would recover, prompting ed, Chiwenga was in terrible
the world rankings. Brooke house, where used relocation from the Golden a scramble for his position shape and severely eman-
The breathtaking proper- to live with his other former Peacock Villa Hotel is immi- among senior Zanu PF and cipated, weighing only 55
ty was constructed in recent Chiwenga is currently wife Jocelyn, in April 2010 nent. government officials. kilogrammes and could not
months by Chinese nationals staying at the Golden Pea- to stay with Marry on 11 eat. By November, he was
who fitted it with the latest Chiwenga, who used to He had earlier sought weighing about 90kgs, offi-
technology to bolster the se- cial sources said at the time.
curity-conscious vice-presi-
dent’s safety. Chiwenga and Marry’s
divorce matter is still pend-
Dubbed “the White ing in court, although the
House”, the awe-inspiring vice-president has unilat-
double-storey mansion has erally selected the property
a spectacular structure and he prefers giving to his wife
the finest finishings; tran- whom he got arrested and
scendental decorative texture detained for a long time.
and optics — all built by the Chiwenga has also seized
Chinese. their children from Marry.

In the popularity stakes The vice-president has
of Harare’s palatial homes, experienced successive ugly
Chiwenga’s new house could divorces, including with Joc-
overshadow businessman elyn and, in both instances,
Philip Chiyangwa’s “White he has used military might
House” along Crowhill Road to force out his bitter lovers
in Borrowdale, which now from the Borrowdale Brooke
looks relatively dilapidated. mansion. Jocelyn was hound-
There are now so many more ed out of the house which was
beautiful homes in the area. then inscribed C&J (Con-
stantino and Jocelyn), before
The “White House” ep- that was replaced by C&M
ithet is borrowed from the (Constantino and Marry).
United States president’s The inscriptions have since
neo-classical, palladian offi- been taken down.
cial residence and workplace
in Washington DC, located Jocelyn now lives close
at 600 Pennsylvania Ave- to the hilltop house in the
nue NW, built in 1792, but Brooke, while Marry is stay-
opened in 1800. ing with her parents in Glen
Lorne.
Chiwenga’s new property
is located along Manombe
Close in Carrick Creagh Es-
tate in Borrowdale and has
reportedly been lavishly fit-
ted with imported furnish-
ings. Carrick Creagh, which
overlooks the upmarket
Borrowdale Brooke neigh-
bourhood, is a prime suburb
where a 2 000-square-me-
tre stand can cost around
US$100 000, according to
independent realtors.

Chiwenga has not yet
moved into the mansion, but
has made several visits to the
property to monitor prog-
ress. Scenically manicured
landscaping has already
taken shape, while wildlife
trophies, including lions —
similar to those at the State
House entrance — have been
installed at the new property.

Under heavy military and
police guard, the house can
easily be mistaken for celebri-
ty mansions in Beverly Hills,
US. Monied Zimbabweans
are known for competing to
build the most spectacular
houses.

Page 26 News NewsHawks

Diamonds Issue 62, 24 December 2021
behind
Chilonga
evictions

MORRIS BISHI case, can extract minerals in kwe-based dairy concern, last year we produced 2.8 mil- 30% owned by ZCDC.  has divided government and
this area. While Dendairy will formed in 2004, owned by lion carats and the whole idea Chilonga community lead- ruling party officials in the
VILLAGERS in the Lowveld be producing grass, they will the Coetzee family, with is for this to go up to at least province.
area of Chilonga – 35 kilome- be mining. We have to ask Scandinavian private equity 10 million carats by the year ers and locals told  The New-
tres south of Chiredzi town ourselves why they have come firm Spear Capital holding a 2023. I said at least (10 mil- sHawks  on Wednesday that The official said the First
– facing eviction to pave way all the way from the Midlands, minority stake. Spear bought lion) because that projection is their area is only being targeted Lady began showing inter-
for a dairy project by Presi- leaving other provinces where 27% of Dendairy in 2015. based on geologically proven due to vast mineral deposits. est in Chiredzi East after the
dent Emmerson Mnangagwa’s there is a lot empty land, to sites and, with the exploration They also said there are other 2019 survey which discovered
Dendairy associates say the establish the grass project Darren Coetzee, the head of which is now taking place, minerals in the area like cop- minerals in the area. He said if
hidden reason for the plot to here; an area they hardly care Dendairy, is a close Mnangag- who knows what can happen?” per, scheelite and coal, which the government was sincere, it
remove them from their ances- about,” said a village head wa business ally from Kwekwe he said. extend to Mwenezi where an- would have given to Dendairy
tral lands is precious minerals from Makhosiya area speaking where the dairy company is other associate of the ruling Central Estate in the Mid-
in the place – mainly gold and on condition of anonymity. headquartered. “This event is important in elites, Billy Rautenbach, was lands, which is underutilised.
diamonds.  the sense that exploration ac- allocated land to establish his
“More curiously, what is During a memorial service tivities of this nature would ethanol business through his “Why Chilonga? I am sure
The NewsHawks  visited the the connection between the for  Stelle Theresa Coetzee in enable us to improve our dia- Green Fuel company which is you are aware of a survey which
area which has now became a grass project by the President’s 2016, Mnangagwa publicly mond production beyond the based in Chisumbanje. was launched by Chitando in
source of tension, bitterness associates and the orphanage said that he had saved the fam- 10 million carats.” 2019. The survey established
and outrage since the gov- by his wife here? We are not ily’s farm and businesses from Announcing the results of minerals in Chiredzi East and
ernment recently moved to against investment and devel- invasions and seizure during The diamond kimberlite the diamond survey in June South. We are aware that their
position itself to displace  12 opment, but we are worried the chaotic and violent land pipe in the Lowveld extends last year, Minister of State for intention is minerals, not this
500  people purportedly for a about their real intentions reform. The Coetzee farm was from Chiredzi down to Be- Masvingo Ezra Chadzamira grass project. The issue has
lucerne grass project. and our fate. We were never invaded many times, but each itbridge – the Malipati zone. said huge diamond deposits divided government and rul-
consulted or given any details time the invaders, comprising The belt further  extends to were discovered around the ing party officials within this
Villagers said they do not about these things. We know mainly war veterans and Zanu Maitengwe area in Bulilima Chingwizi area in Mwenezi, province. The minerals extend
believe the story and narrative there are minerals in this area PF activists, moved in they district, also in Matabeleland while gold was found in north- from Save Valley via Malil-
of lucerne grass; they think first detected during the co- would be removed by the po- South. ern Chikombedzi following angwe and Chiredzi East to
that is a cover for still secret lonial era, in 1956, and there lice. In 2019, the ministry of the aeromagnetic survey com- Mwenezi. Remember, Coal
mining activities by Mnangag- are various pegs which point Mines and Mining Develop- The world’s largest diamond missioned by the government. Zimbabwe is mining coal at
wa’s cronies. to that.”  ment, through the local firm producer, Alrosa, has begun 40km along the Chiredzi-Chi-
Aero Surv in partnership with preliminary exploration at “Huge diamond deposits sumbanje road,” said the offi-
A survey by leading South A Mines ministry official Xcalibur Airborne Geophys- Bubi in Beitbridge East where were discovered around the cial.
African diamond mining giant with knowledge of the area ics, conducted an aeromag- it has discovered diamonds. Chingwizi area in Mwenezi,
De Beers in the 1950s as well said De Beers had explored the netic survey which discovered Down in Beitbridge West while gold was found in north- In June 2016, this reporter
as an aeromagnetic explora- area. vast deposits of diamonds and there was River Ranch Dia- ern Chikombedzi following an was part of a team which ac-
tion conducted by local firm gold in Chiredzi and Mwenezi mond Mine, not far across aeromagnetic survey commis- companied five businessmen
Aero Surv Zimbabwe, in part- “The maps depict areas areas.  the Limpopo River border sioned by the government,” from South Africa claiming to
nership with South African with deposits of coal, dia- from South Africa’s Venetia Chadzamira said. be directors of Cotton South
firm Xcalibur Airborne Geo- monds, scheelite and quartz The survey was launched Diamond Mine, the country’s Africa Company who secretly
physics, between 2019 and in Chiredzi. The stretch runs by Mines and Minerals De- largest diamond operation.  “The ministry of Mines will toured the same area being tar-
2020 revealed vast deposits of from Save in Chiredzi North velopment minister Winston outline the next course of ac- geted by Dendairy, saying they
kimberlite diamonds and gold where copper mines like Cobra Chitando at Buffalo Range Alrosa Zimbabwe Limited, tion after this discovery, but wanted to establish a cotton
in the Chilonga area. Mine, which are now closed, Airport on 25 March 2019. jointly owned by Alrosa and we are excited as a province and maize irrigation project. 
once operated from. The oth- Zimbabwe’s state-owned dia- because this will help grow
This comes as  The News- er area covers coal mining in Speaking during the launch, mond mining company, Zim- our provincial Gross Domestic However, the late former
Hawks  has established that Chisambiji which again is in an upbeat Chitando said the babwe Consolidated Diamond Product and also help the na- president Robert Mugabe re-
First Lady Auxillia Mnangag- Chiredzi North constituency. survey was part of plans to de- Company (ZCDC), are work- tion achieve its target to make jected the project, saying the
wa has also moved into the The belt stretches from Save to velop a US$12 billion mining ing on the project.  mining a US$12 billion indus- Shangaan people could not be
area, through her Angel of Chipinda, which is in Gonare- industry by 2023 in order to try by 2023.”  removed from their ancestral
Hope Foundation, presum- zhou, down to Masivamele boost economic recovery. Alrosa, which accounts for land for an investment which
ably to turn Chambuta Refu- and Makhosiya on the banks almost a third of the world’s A government official based would only benefit a few peo-
gee Camp into an orphanage. of the Runde River. This is the “In terms of the develop- rough diamond production, in Masvingo told  The News- ple.
Renovations are ongoing and area which Dendairy has been ment of the diamond industry, has 70% in Alrosa Zim, with Hawks that the grass project
the orphanage will be named allocated,” the official said. 
after her. This has echoes of
former first lady Grace Mug- The government recently
abe taking over Iron Mask published Statutory Instru-
Farm in Mazowe under the ment (SI) 50 of 2021 which
guise of an orphanage. will see more than 12 000 peo-
ple being moved from their
Auxillia’s orphanage is in homes ostensibly to pave way
the area which is going to be for Dendairy’s lucerne grass
affected by the grass project, production project. The SI
raising eyebrows among lo- has since been amended to al-
cals who are now questioning ter the official objective from
the real motive behind their “lucerne grass production” to
threatened removal. “establishment of an irrigation
scheme”, although the author-
“We are watching the issue ities are still determined to en-
closely, but we can tell you that force eviction.
this grass project is just a cov-
er so that these guys, through Dendairy is a Kwe-
their proxy Dendairy in this

NewsHawks News Page 27

Issue 62, 24 December 2021

BERNARD MPOFU Arrest of Mnangagwa’s mysterious 
business crony opens can of worms
THE explosive arrest on
17 March 2021 of Pres- President Emmerson Mnangagwa with Alexander Zingman officially opening Zimbabwe’s Belarus Consulate.
ident Emmerson Mnan-
gagwa’s shadowy Belar- dential guard chief who is Kagame, in what would be officials. The two are linked on American sanctions, as have had a serious fallout
usian business associate wanted for war crimes, are another violent confronta- to Russian arms dealing in part of an elite network of after the collapse of the
Alexander Zingman in hiding in Zimbabwe.  tion similar to the bloody Africa and elsewhere. DRC and Zimbabwean coalition between Head-
Lubumbashi after meeting Second DRC War.  officials who pillaged Con- ing for Change and the
former Democratic Re- Only this week, General Mnangagwa has on sev- golese minerals. Common Front for Congo
public of Congo (DRC) John Numbi, former police Tshisekedi, backed by eral occasions been pub- since the 2018 disputed
leader Joseph Kabila in- and army chief, suspected the Kigali strongman, licly photographed with Kabila met Mnangagwa elections. Kabila’s coalition
volves a deadly cocktail of of having ordered the as- has fired the first warning Zingman, one time at his on 2 March in Harare to controlled parliament.
politics, mining deals and sassination of two people, shots across Kabila’s bows Harare home with his son discuss the political and However, Tshisekedi is
arms trade in the miner- fled to Zimbabwe.  For a by arresting Zingman, his Emmerson Junior, with security situation in the now purging Kabila allies.
al-rich central African na- long time, Numbi — one ally, and Mnangagwa’s as- his wife Auxillia’s portrait DRC.  He visited Zimba-
tion, security sources have of the most prominent sociate. He is also after right in front of them. The bwe at the end of a tour Tshisekedi has in re-
told The NewsHawks. generals in the Congolese Numbi, now hiding in three were sitting in a com- that took him to Abu Dha- cent months been purging
army who has been placed Zimbabwe. fortable and cosy posture, bi, United Arab Emirates, Kabila’s political allies —
The sources said Zing- under international sanc- discussing what would cer- and Dar es Salaam, Tanza- including Prime minister
man’s arrest threatens to tions and is  very close to The murky Belarusian tainly have included pri- nia. During his stopover in Sylvestre Ilunga Ilunkum-
open a can worms, with Kabila — had been holed oligarch, who on the sur- vate business. Harare, Kabila had dinner ba — removed through
Mnangagwa perilously in up on his farm in Lubum- face is a lowkey business- with Mnangagwa. a vote of no confidence,
the eye of the storm. The bashi in south-eastern man who runs his mining In the DRC, Mnangag- leading to a collapse of the
Belarusian tycoon’s where- DRC.  and agricultural company wa remains close to Kabi- Zingman was arrest- power-sharing arrange-
abouts remain unknown from Minsk and Dubai, la. The two worked closely ed while on his way from ment.
since his arrest.  He was Kabila has also retreated has a vast network of con- together during the sec- Lubumbashi to meet
seized together with his to his farm to strategise on tacts in Africa running ond DRC war from 1998 Mnangagwa. He had met In a bid to sideline Kabi-
colleague Oleg Vodchits how to fight Tshisekedi. from north, to the west, to 2002. Zimbabwe was, Kabila just before that. la, the DRC Parliament
and their Italian business east and southern Africa. together with many other This was barely two weeks supported Christophe
associate Paolo Persico.  While Mnangagwa is He hobnobs with presi- countries, involved in the after Kabila visited Harare Mboso, who had defect-
close to Kabila, Kagame dents and their cronies, war. Mnangagwa was the to see Mnangagwa amid ed from the former presi-
Executives at his com- is a Tshisekedi ally. At the purportedly selling mining late former president Rob- rising tensions in the Great dent’s Common Front for
pany AFTRADE in the same time, Mnangagwa and agricultural equip- ert Mugabe’s point man in Lakes region. Kabila’s vis- Congo party in December
Belarusian capital Minsk and Kagame have good ment. the Great Lakes conflict. it was exclusively covered to rally behind Tshisekedi.
and Dubai are frantically relations.  Zimbabwe and by The NewsHawks.
searching for Zingman, Rwanda just recently Zingman was at the cen- Zimbabwean political This followed the oust-
Zimbabwe’s Honorary signed five memoranda tre of Zimbabwe’s US$58 and military leaders cut di- Besides being Kabila’s ing of former speaker
Consul in Belarus. Some of understanding to es- million agricultural equip- amond deals in the Congo. ally, Mnangagwa is part Jeanine Mabunda, another
of Zingman’s friends met tablish a joint permanent ment deal with Belarus in Stories of bags full of mon- of the Sadc troika on pol- Kabila ally, recently and
at his Falcone restaurant in commission on co-opera- 2019 and a comprehensive ey changing hands during itics, defence and security, the resignation of Ilunk-
Minsk, a source said. tion and a series of other US$350 million trade ar- the time were common- together with Botswana amba.  Kabila’s other ally,
agreements, including on rangement between the place.   President Mokgweetsi Ma- Alexis Thambwe Mwam-
“We are deeply con- criminal matters, showing two countries.  sisi and his South African ba, was also removed as
cerned by Alexander strengthening ties between Mnangagwa and Kabi- counterpart Cyril Rama- Senate President. This then
Zingman being unlawful- Mnangagwa and Kagame. Mnangagwa is close to la dealt with each other phosa. Mozambican Pres- gave Tshisekedi control of
ly detained in the DRC. Zingman, Belarus’ long- on various issues, includ- ident Filipe Nyusi is the the House of Assembly
He was in the country on Yet Kabila wants Mnan- time authoritarian leader ing official deals under Sadc chair. and Senate, leaving Kabila
a legitimate business trip gagwa to help him against Alexander Lukashenko’s the aegis of Zimbabwe’s angry.
for generating agricultural Tshisekedi, who is backed runner and his fixer Victor moribund Osleg military “The issue is about pol-
trade with our partners in by Kagame. Sheiman. Both Zingman company, and have re- itics, mineral deals and Residing since late De-
Africa,” a company spokes- and Sheiman have been to mained close. A 2002 UN guns,” a security source cember at his farm in
man told The NewsHawks.  This means if Mnangag- Zimbabwe several times to Security Council report told The NewsHawks. Kashamata, Kabila is said
wa helps out Tshisekedi, he meet Mnangagwa and his cites Mnangagwa, who is to have been refining his
“We call (upon) DRC will inevitably clash with Tshisekedi and Kabika
authorities to release Mr
Zingman, his colleague
Oleg Vodchits, and their
Italian associate Paolo Per-
sico immediately. To detain
Western businessmen on a
business visit is not helpful
for our efforts to promote
trade with Africa.”

The source of the prob-
lem is the deadly political
fight raging on in the DRC
between President Felix
Tshisekedi and Kabila.
The two had a governing
coalition after the 2018
elections which collapsed
recently, with Tshisekedi
seizing control of parlia-
ment and purging Kabila’s
allies. 

Mnangagwa and Zing-
man are caught up in the
messy DRC conflict. 

Zingman’s arrest raises
the stakes and complicates
Kabila’s relations with
Mnangagwa.

However, Mnangagwa
remains a pillar of support
for Kabila and Zimbabwe
is a refuge for his allies.
Several DRC rebel com-
manders, including Protais
Mpiranya, a former presi-

Page 28 News NewsHawks

Issue 62, 24 December 2021

strategy to counter Tshise- resources needed, as well as of the capital Kigali and 5 000 to 7 000 fighters the Rwandan government, Chad, Namibia, and Zim-
kedi’s manoeuvres to con- the implications. most of Rwanda by Ju- and  332 000  refugees in working with its allies babwe, allied himself with
solidate control and push ly-August 1994. By that Bukavu, South Kivu.  Burundi and Uganda, re- Hutu armies and the In-
him out. The situation is further time, an estimated 1.7 sponded to the cross-bor- terahamwe militia, Rwan-
complicated by Rwanda, million Rwandan Hutus So a large part of the der attacks by supporting dan and Ugandan-backed
From Lubumbashi, which faces an existential had fled to Zaire (renamed former Rwandan state se- the Alliance of Democratic rebels. 
in Haut-Katanga, Kabi- threat from former Hutu DRC in 1997), Tanzania, curity apparatus went into Forces for the Liberation Joseph Kabila, who took
la has conducted a series army troops and com- and other countries.  exile in the DRC, where of Congo, an alliance of over after his father was
of consultations on the manders who retreated they built a quasi-state run Congolese rebel groups led assassinated, inherited the
fightback. Kabila has writ- into eastern DRC after the An estimated  34 by their “government in by Laurent-Désiré Kabila hostilities with Rwanda.
ten to the African Union 1994 genocide and the rise 000  to  37 000  members exile”. The Hutu rebels ex- that later toppled Zairean This partly is the source
and United Nations, and of President Paul Kagame. of the former army, pres- ploited Rwandan refugees dictator Mobutu Sese Seko of problems between Kabi-
has dispatched envoys to The Hutu forces have been idential guard led by Pro- and local resources, taking in May 1997.  As Kabila la and Kagame. Tshisekedi
South Africa, Egypt and attacking the country since tais Mpiranya, gendar- advantage of the weak- sought to free himself from is trying to fix the problem
Kenya, among other coun- then. merie, and Interahamwe, ness of local authorities to Rwandan control, a new with Kagame now. Last
tries. That is why he met along with hundreds of consolidate their strength Congolese rebellion erupt- year, a picture of Kagame
Mnangagwa in Harare. The assassination on 6 thousands of Rwandan in these remote regions. ed under the Congolese and Tshisekedi firmly hold-
Zingman was coming to April 1994 of President refugees, formed part of For the rebel leaders, these Rally for Democracy, lead- ing hands at a meeting in
see Mnangagwa after his Juvénal Habyarimana, a the exodus. Most of them refugees would become ing to the Second Congo- Kigali went viral and sent
meeting with Kabila to Hutu, sparked a geno- gathered in two eastern human shields, a pool for lese War of 1998–2002. tongues wagging in DRC
discuss mining deals, how cidal wave which left  800 provinces:  20 000  fighters recruitment, and a source where the anti-Rwandese
to help the former DRC 000  Tutsis and moderate and  850 000  refugees in of income and political In a dramatic shift, Kabi- sentiment remains strong.
leader fight Tshisekedi and Hutus dead.  Goma, North Kivu, and legitimacy.  In late 1996, la, supported by Angola, Representatives of

Kagame gained control

Rwanda’s and DRC’s de-
fence and security forces
met recently in Kinshasa,
and made several import-
ant decisions on coopera-
tion in eastern DRC. 
During the meeting,
which took place from
KEEP THAT COUGH 15 March to 19 March,
UNDER COVER. François Beya – “Mr Secu-
rity” for Tshisekedi – and
Always keep that cough or sneeze into your arm or a tissue and put Jean Bosco Kazura, Rwan-
the tissue in the bin straight away. Wash your hands with soap and da Defence Force Chief-of-
water for at least 20 seconds or more afterwards. Staff, reviewed the previous
meeting. They had earlier
TOGETHER WE CAN STOP THE met from 12 February to
SPREAD AND STAY HEALTHY. 14 February in Kigali, with
other security officials, to
HELP develop a joint strategy to
address security-related is-
STOPTHE sues.
SPREAD The teams, on behalf of
Tshisekedi and Kagame,
AND STAY HEALTHY drew up an operational
plan to carry out joint mil-
itary actions against rebel
groups operating in east-
ern DRC. These include
the Hutu-led  Democratic
Forces for the Liberation
of Rwanda, whose com-
mander Slyvestre Mudacu-
mura was killed in 2019,
and its splinter groups,
the National Council for
Renewal and Democracy
and Rally for Unity and
Democracy-Urunana, and
the March 23 Movement. 
Like many Rwandese
Hutu rebel commanders
based in the DRC, Mu-
dacumura was wanted for
war crimes. Beya and Ka-
zura decided to reinforce
surveillance measures at
the border. Tshisekedi re-
ceived the military and se-
curity officials of both del-
egations for a briefing.
The United Nations says
Rwanda and Burundi are
conducting military oper-
ations in the east, accusa-
tions both Kigali and Gite-
ga (Burundi’s capital) deny.
Released on 23 De-
cember 2020, a 200-page
UN document says “from
late 2019 to early Octo-
ber 2020, members of the
Rwandan security were
The NewsHawks @NewsHawksLive www.thenewshawks.com [email protected] present in North Kivu”.

NewsHawks News Page 29

Issue 62, 24 December 2021

BRIDGET MANANAVIRE/ Mugabe’s son-in-law, daughter  electrical engineer. These days
OWEN GAGARE there is also the environmental
engineer. While professional
NESTLED on a mountain architects usually charge 7%
in the exclusive Umwinsidale struggle to complete mansion of the project cost, the engi-
suburb on the outskirts of Ha- neers charge 3.5%. These are
rare’s northeastern periphery, the professional rates but, of
the mansion is immersed in course, people always negoti-
scenic surroundings and there ate. 
seems to be a seamless connec- “Besides all that, there will
tion between its interior design also be a road which will stretch
and the outside environs. for a kilometre inside the prop-
erty given its magnitude and
The woodland prevents the that will cost up to US$1.5
onlooker from taking in a di- million on its own. Building
rect view of the house, which a kilometre of a proper tarred
stands on the steep slopes of road costs between US$1 mil-
the mountain as if the lush lion and US$1.2 million.”
environment has embraced When Simba wed Bona in
the mansion. The architectural 2014, Mugabe gave them his
theme suggests that the prop- old historic house at 40 Quorn
erty was specially designed Avenue in Mount Pleasant.
with a spirit of adventure and That is where Mugabe first
the wow factor in a locality stayed when he became prime
overlooking the suburb on the minister in 1980 after leaving
edge of the equally picturesque his Highfield home. 
Carrick Creagh neighbour- From there, Mugabe stayed
hood in Borrowdale. at Zimbabwe House and then
went to the Blue Roof, which
The house also overlooks was registered in the name of
Glen Lorne and other nearby a company linked to Zanu
suburbs across the rugged ter- PF that donated the stand to
rain, as well as the farms dot- him. Mugabe was also given
ted around the rolling outer – he did not buy – the Mount
reaches of the city. Down the Pleasant house.
foot of the mountain, sizeable While it is not clear how
structures are seen, notably a much Mugabe was worth at
big wedding arena, Venue Um- the time of his death in Sep-
winzii, which stands out.  tember 2019, his account at
CBZ Bank had US$10 million
Apart from Carrick Creagh which was part of his estate. 
Road, the wedding venue and Mugabe’s family, children
the massive house are also ac- and relatives did not make
cessible through Umwinsidale much money during his rule,
Road and Luna Road, which floor has another eight rooms. Simba his historic Mount escalate to around US$39 tained at US$2 500 per square hence most of them are strug-
meet along the way from op- The sundeck or upper terrace Pleasant house during their million, considering the price metre,” another source said. gling at the moment.
posite directions. for sunning and relaxing offers wedding, but after that they of the vast tracts of land, con-
a stunning view of the moun- asked him to build a house struction expenses, design “So when you add land, con- Mugabe, however, allowed
Besides the backdrop of tains and surrounding areas. of their choice and dreams. charges, finishings and land- struction, design and landscap- his family members to grab
leafy indigenous trees, through Mugabe said he would fund scaping, which he would have ing costs, at a minimum square farms and his cronies to loot
which the Umwinsi River Checks with architects and the project; he paid for every- been prepared to finance.  metre charge of US$2 500 it and accumulate wealth. His
flows majestically, the spacious quantity surveyors in Harare thing before he died. Simba becomes US$20 million, but wife Grace is more monied
wedding venue — which con- showed that given the steep and Bona are now struggling “The price would have been if you take a maximalist ap- than the rest of the struggling
stitutes the lower boundaries of slopes of the mountain where to complete it. It’s a huge proj- much higher if they still had proach it will be US$39 mil- family.  As reported by  The
the house — adds to the aes- the house is built, the cost of ect; they need millions of US money because in an elevat- lion. This includes the cost of NewsHawks last October,
thetic splendour with its vast construction is about US$2 dollars to finish it.” ed mountain area like that it paying the whole project team; Mugabe’s family, according to
lush-green gardens. This is the 500 per square metre. This might have cost up to US$5 the architect (team leader), documents, accumulated 24
mansion which the late former means that with a built-up The source said if Mugabe 000 per square metre to build, structural engineer, civil engi- farms, not 14 as widely and re-
president Robert Mugabe’s area of 7 800 square metres, was still alive the cost would but that has now been con- neer, mechanical engineer and peatedly reported.
son-in-law Simba Chikore, a the house — which is half
pilot, and his wife Bona, an ac- complete — will cost US$19.5
countant, are building.  million, or roughly US$20
million. 
An investigation by  The That is before factoring in
NewsHawks into the property expensive finishings, key fea-
development shows that the tures like a big swimming and
construction of the 25-room magnificent landscaping of the
house is estimated to cost at sprawling grounds. 
least US$20 million. It was When all these addition-
originally expected to cost al features are factored in,
US$39 million. the house will cost well over
US$20 million, according to
The imposing mansion sits conservative estimates. The
on a 22-hectare tract of land initial planned cost was US$39
that cascades down the moun- million, before Mugabe’s death
tain right to its foot in the gave Simba and Bona a finan-
Umwinsi River valley. To put cial reality check.
it into perspective, the house “At the moment the total
is built on land that is big- cost of the house is expected to
ger than the Harare Gardens be at least US$20 million. This
which sit on 21 hectares.  is because the owners of the
property are now struggling
The house’s plinth – a built- to finish the house, which at
up area measured at the floor the beginning was supposed
level of the storey or at the base- to cost US$39 million,” said
ment – is about 7 800 square a source at the Mugabes’ Blue
metres. The multi-storey house Roof family home in Borrow-
has a basement which is 1 200 dale, Harare.
square metres; ground floor (3 “The late former president Mugabe’s son-in-law Simba Chikore (circled) confronts The NewsHawks news crew investigating his house. Unwittingly he confirms own-
000 square metres); first floor ership of the masnion and vast tracts of land around the area. Chikowore tried to intimidate journalists by calling police, but the reporters
(3 000 square metres); and a was financing the project. Re- rejected his intimidatory tactics. After an argument which lasted 30 minutes The NewsHawks crew left the scene. He also drove away back to
sundeck which is 600 square member he gave Bona and the mansion.
metres.

In the basement are nine
rooms, including an apart-
ment, while the ground floor
has eight rooms and the first

Page 30 News NewsHawks

Issue 62, 24 December 2021

NewsHawks News Page 31

Issue 62, 24 December 2021

War next
door: Moza
implosion
rattles Sadc

OWEN GAGARE Mnangagwa that Ramapho- Jihadist insurgents in Mozambique.
sa said South Africa is ready
SOUTHERN African Devel- to intervene as part of Sadc. international and self-interest ners to deal with the crisis, not visory Group. He is, however, itary inertia.
opment Community (Sadc) South Africa yesterday sent dimensions. These issues and Sadc military action per se.  frustrated as the Mozambican Since they started meetings
leaders are still anxiously troops to Mozambique on a their interface make it very dif- Sources said Nyusi’s first army is proving ineffective.
hand-wringing and procrasti- rescue mission. Mnangagwa ficult for Sadc – which always choice was to have Zimbabwe Sadc is also not coming in to on the Mozambican strife in
nating on intervening in the also wants Zimbabwe to inter- wants to act as a collective – in action in Mozambique. take over and escalate the fight.  Harare in May last year, Sadc
volatile Mozambican conflict vene through Sadc. Botswana to have consensus and inter- Harare has previously fought And, most troubling for leaders have not moved an
where Islamist militants are is also ready to contribute. But vene,” a Zimbabwean security there during the Renamo rebel him, his contract is expiring inch toward the solution. They
rampaging across the gas-rich the troika leaders are frustrat- source said. movement insurrection.  next week on Tuesday. After have been going round in cir-
Cabo Delgado region due to a ed with Nyusi as chairman; he And one of the command- that, the terrorists are likely to cles, with Nyusi as a square
cocktail of factors which have doesn’t want to cooperate and “Nyusi is considering every- ers during that conflict – a march on. As Dyck said, the peg in a round hole.
created disagreements and re- allow swift Sadc intervention. thing from his power position, insurgents’ mil-
gional paralysis, amid a trail He wants bilateral arrange- a Mozambican sovereignty itary campaign After a series of deadly at-
of death and destruction, The ments, but does not want and national interest perspec- is like “a cancer” tacks and bloodshed by the ji-
NewsHawks has established. some countries in the regional tive; he is looking at the ma- which will “in- hadists, Mnangagwa this week
bloc to participate.” trix of his diplomatic relations sidiously” spread hosted Masisi, to discuss the
Diplomatic and security in Sadc, which is the regional and eat further political and security situation
sources told The NewsHawks Sadc leaders last met on 14 dimension. But there is also into Mozambican in Cabo Delgado province.
this week that Sadc leaders December 2020 in Maputo, the international perspective, territory and pos-
are paralysed by a complex Mozambique, after their 27 the issue of big powers, their sibly engulf the After Wednesday’s troika
cross-section of issues and November 2020 meeting at capital, proxies and interests; region. consultative meeting in Ha-
clashes on how best to tackle the regional grouping’s head- and, of course, private security But now Zim- rare, Sadc issued yet another
the jihadist insurgency in Mo- quarters – Gaborone, Bo- companies’ brazen profit mo- babwe, battling a statement, but no action. 
zambique. tswana – to discuss the con- tive, which interlinks with the protracted politi-
flict. They agreed in Maputo bottom-line for international cal and economic The jihadist terrorists, fe-
The sources said Sadc lead- to meet again in January this capital or multi-billion inves- crisis, wants to go rociously attacking civilians
ers have been immobilised by year, but the meeting was post- tors.  in through Sadc. indiscriminately, injuring,
various issues on the table: poned partly due to Covid-19 It is not support- maiming, beheading and kill-
lack of cooperation and con- and protracted consultations. “It’s not just a question of President Filipe Nyusi ive of the private ing with reckless abandon, on
sent from Maputo on a region- The meeting was postponed Sadc leaders waking up and 24 March swept across Pal-
al intervention, poor cohesion, to May or June. Since then, saying let’s go in and fight the security compa- ma taking the strategic town,
resource scarcity, mutual geo- the war in northern Mozam- terrorists. There are all these nies approach – according to various media
political and geo-economic bique has intensified while the complex issues at play. And proxy Cold War affair which although some leaders see an reports, including CNN and
suspicions and attendant ri- Islamist militants have gained the history, context and dy- started in Rhodesia as Salis- opportunity for self-enrich- BBC, as well as local and re-
valries, big powers and inter- ground.  After Masisi and namics of conflict itself are bury’s attempt to destabilise ment – and indeed the bilat- gional outlets.
national capital interests, and Mnangagwa’s meeting in Ha- critical. However, this doesn’t Mozambique which was then eral strategy.
mortal fear of deadly Islamist rare, Sadc issued a statement justify Sadc leaders’ failure to hosting one of the Zimbabwe- But Nyusi has also been li- According to Cabo Ligado
terrorist networks and poten- on Mozambique without a act beyond meetings, commu- an liberation movement’s key aising more with Zimbabwe, Weekly, a Mozambique con-
tial backlash on those who in- plan of action and timelines.  niques and statements. Nyu- wings Zanu and Zanla – was Tanzania, the United States flict observatory launched by
tervene.  si has always been reluctant retired colonel Lionel Dyck.  and Europeans than with the Armed Conflict Location
Masisi’s statement expressed to allow Sadc in and this is a Dyck was a controversial Sadc. He has been welcoming & Event Data Project, Zi-
At the centre of the prob- regret and outrage at what is major issue now. Sadc leaders Rhodesian soldier who ironi- to the Americans and Euro- tamar News, and Mediafax,
lem’s costly lethargy border- happening in Mozambique, are getting frustrated that he is cally after 1980 helped the late pean Union more on how to insurgents also launched a
ing on paralysis is ironically but ultimately boiled down to not being helpful and doesn’t president Robert Mugabe to combat the uprising. Sadc simultaneous attack on coast-
the leader who needs help saying we “reaffirm our con- show urgency.” consolidate power after fight- leaders feel that is unhelpful. al Macomia district on 24
the most – Sadc chairperson tinued commitment to con- ing on the opposite side and This has created growing March. The attackers arrived
Mozambican President Filipe tribute towards the efforts to Sources said Nyusi is inad- being rewarded with medals misunderstandings, lack of co- by boat, moving along the
Nyusi. Zimbabwean President bring about lasting peace and vertently or by design prov- for that. Now Dyck is holding hesion and suspicions among coast and surprising fishermen
Emmerson Mnangagwa on security, as well as reconcilia- ing to be a stumbling block fort in Cabo Delgado through the Sadc leaders which has left working along the coasts of
Wednesday met Sadc troika on tion and development in Mo- to the Sadc intervention bid. his private security company them caught up in weak dip- the Mucojo and Quiterajo ad-
politics, defence and security zambique”. The Mozambican leader wants or mercenary outfit Dyck Ad- lomatic engagements and mil- ministrative posts. 
chair Mokgweetsi Masisi, the bilateral arrangements with
President of Botswana, at State This has been happening regional or international part- Dyck says he fears for the
House in Harare to further since the troika met in Harare worst. “At the moment there
discuss the crisis. Mnangagwa on 19 May 2020. Sadc leaders are no ships, but hardships,”
is the outgoing troika chair. also held a virtual summit on Dyck told CNN.
South African President Cyril 17 August 2020 before their
Ramaphosa is one of the troika November and December
members and incoming chair.  meetings. 

Nyusi is the Sadc chair. Sources said there are un-
“During the meeting Masi- derlying problems on Sadc’s
si briefed Mnangagwa on the failure to act and mobilise
regional political and security international support to stem
situation, especially on Mo- an insurgency which is in-
zambique. They also spoke creasingly becoming a regional
about bilateral issues, but Mo- security threat. Africa already
zambique loomed large,” a se- has 12 other jihadist insurgen-
curity source said. cies which have made it a new
“One of the biggest issues front for extremist causes.
that emerged in the meeting
is Nyusi’s reluctance to co- “This is a complex issue
operate with Sadc on region- which has sovereignty, diplo-
al intervention. Masisi told matic, military, geopolitical
and geo-economic, regional,

Page 32 News NewsHawks

Mnangagwa  Issue 62, 24 December 2021
tramples on
constitution
over Malaba 

OWEN GAGARE/ controversial 2018 elections President Emmerson Mnangagwa with Chief Justice Luke Malaba.
BERNARD MPOFU when Chamisa petitioned the
ConCourt challenging the is to extend the length of time an extension, he needs Consti- and Innocent Gonese that the February ConCourt judgment
CHIEF Justice Luke Malaba President’s wafer-thin victory that a person may hold or oc- tution of Zimbabwe Amend- Constitution of Zimbabwe in which Justices Rita Ma-
is back on track after a tem- margin.  cupy any public office, does ment (No. 1) Bill to be signed Amendment (No. 1) Bill was karau, Anne-Marie Gowora
porary derailment of a contro- not apply to any person who into law by Mnangagwa.  unconstitutional as it had been and Bharat Patel clashed over
versial extension of his tenure Malaba and his colleagues held or occupied that office, passed without the two-thirds whether or not they should
linked to President Emmerson unanimously declared Mnan- or an equivalent office, at any This should be easy.  majority as required by section grant a further 90 days to re-
Mnangagwa’s 2023 re-election gagwa the winner, amid grum- time before the amendment”. In fact, sources say it will be 328 (5), this meant the Bill store the Bill. 
bid. bles that judges were suborned signed and gazetted within the was null and void. 
and whipped into line. During A “term-limit provision” is next week or so. In a split judgment, Ma-
This comes after high-stakes his five-year reign, Malaba defined as ‘a provision of this Constitutional Amendment In any case, it had ended karau and Patel granted the
official interventions and rail- steered important judicial re- constitution which limits the (No.2) should also be easier, with the life of the previous second 90-day extension, but
roading of the Constitution forms, yet he also browbeat length of time that a person it is likely to come within a parliament and cannot be car- Gowora dissented and wrote
of Zimbabwe Amendment the judiciary to be compliant – may hold or occupy a public week or two. “The ministry ried over into the next parlia- a devastating ruling crushing
(No. 1) Bill in parliament on what ordinary people now call office’. of Justice is under instruc- ment in terms of Section 147. the senate process to restore
Tuesday under a cloud of ille- judicial capture. He ran a tight tion to railroad the process; as the Bill in violation of section
galities that may boomerang ship and closely controlled The provisions which set they did with Constitution of When parliament is dis- 147 of the constitution and
on the movers of the deeply the court system from top to the maximum age limit of Zimbabwe Amendment (No. solved, all unfinished business with disregard to section 2 of
flawed process. bottom in aid of Mnangagwa’s judges restrict the length of 1) Bill on 6 April and will do is liquidated. If the executive the constitution that speaks
authoritarian rule. time that a person may hold or with Constitution of Zimba- wants to push through a Bill to the constitution as the su-
Malaba, by operation of occupy office as a judge, which bwe Amendment (No. 2) Bill from the previous parliament, preme law of the land.
law, ceases to be chief justice at Having overcome the sen- is a public office. within a fortnight,” another it has to start afresh in the new Initial process
midnight on 15 May. ate hurdle on 6 April, if Mal- source said. parliament. After the current constitu-
aba is to secure an extension, So section 328 remains a However, section 328 re- tion was adopted through a
“On his 70th birthday, at two important things must stumbling block. mains a barrier. However, with Constitu- referendum in 2013, three
midnight on 15 May, Malaba now happen: Constitutional Besides, there are other tion of Zimbabwe Amend- years down the line the late
will cease to be Chief Justice Amendment (No.1) Bill must However, senior govern- deep pitfalls in the path of the ment (No. 1) Bill, the execu- former president Robert Mug-
of Zimbabwe, but I can tell be signed into law by Mnan- ment officials say Mnangag- complex process. tive picked up from where it abe’s government introduced
you that his bid for exten- gagwa and Constitutional wa and Malaba have a plan First, the Constitution of had left in the life of the eighth Constitution of Zimbabwe
sion is strongly back on track Amendment (No.2) Bill must around the problem.  Zimbabwe Amendment (No. parliament, which is unlawful. Amendment (No. 1) - H.B.
and, barring any unforeseen also be passed and assented 1) Bill straddled two different 1-2017.  The Bill was gazett-
eventualities, he will stay on, to by the President before 15 “When the time comes, lives of parliament, the eighth This followed a directive to ed on 3 January 2017. That
courtesy of Mnangagwa,” a May. they will argue that the section parliament which ran from senate by the ConCourt to go nullified general notice 434 of
top official in the Office of the does not apply to the chief 2013 to midnight on Sunday back and redo the Bill voting 2016, which was published in
President and Cabinet said. At least for now, Consti- justice whose tenure is limited 29 July 2018, and the current- process. Lawyers are challeng- the extraordinary gazette on
“That’s the plan; he is staying tutional Amendment (No.1) by age, not by the number of ly running ninth parliament. ing that as unconstitutional. 23 December 2016.
beyond his 70th birthday.” Bill has sailed through senate years of service as section 328 The tenure of the current par- They say the court was only
by 70 votes to one. This after says or implies,” a top source liament ends in 2023. required to rule on the con- It was then introduced to
In terms of the constitution, it did so through an irregular- said.  In terms of section 147 of stitutionality of the passing the House of Assembly later
Malaba should retire at 70. ity on 1 August 2017 before it the constitution, this is un- of Constitution of Zimba- in 2017 and passed on 25 July
was nullified by the ConCourt “But their rivals will say they constitutional and thus illegal.  bwe Amendment (No. 1) Bill 2017. Senate then passed it on
But top-level sources on 31 March 2020. This is the are missing the underlying Section 147 of the constitu- without a two-thirds majority, 1 August 2017, but failed to
told The NewsHawks that he is process which culminated in principle behind that; it’s not tion reads: “On the dissolution which it did, but then went garner the required two-thirds
now set for a controversial ex- its restoration on Tuesday. about age or years of service, of parliament, all proceedings ahead to direct a restoration of majority in terms of section
tension, which he desperately but the principle that an in- pending at the time are termi- a Bill that legally was invalid 328 (5). On the day, 53 sen-
needs. Malaba was sworn in as Constitutional Amend- cumbent cannot initiate, cause nated, and every Bill, motion, and thus non-existent. ators out of the total member-
chief justice on 6 April 2017. ment (No.1) Bill, among oth- or influence an amendment of petition and other business ship of 80 voted. That was one
er things, seeks to allow the the law to benefit himself, es- lapses.” Whereas the ConCourt on vote short of two-thirds. 
This comes amid new de- President to appoint the Chief pecially retrospectively, hence When the ConCourt ruled 31 March 2020 directed that
tails that Mnangagwa and Justice, Deputy Chief Justice their argument is flawed. It’s on 31 March 2020 on the ap- the  Constitution of Zimba- However, senate fraudu-
Malaba are working closely on and Judge President without going to be a big legal battle; plications by Jessie Majome bwe Amendment (No. 1) Bill lently claimed it had met the
the political project which has subjecting them to the open it’s not over yet.” must be restored – giving sen- two-thirds majority threshold
serious democratic and con- selection process and public ate 180 days to do – this issue
stitutional implications. Their interviews. Although Malaba seems to has now become a moot point
plot brazenly undermines the be back on track, constitu- in court as shown by the 25
constitution, constitutional- This will allow Mnangagwa tional and legal impediments
ism, certain laws and rule of to retain Malaba at the helm lie ahead. As part of securing
law principles, as well as shred- of the judiciary. After that,
ding the tenets of good gover- Malaba will serve at the whim
nance and accountability. and caprices of Mnangagwa –
meaning the judiciary will fur-
Mnangagwa wants Malaba ther be captured for five years
to stay on for his 2023 re-elec- through renewable annual ex-
tion agenda which is being tensions. 
challenged both internally by
Vice-President Constantino Constitutional Amendment
Chiwenga’s Zanu PF faction (No.2) Bill is needed to allow
and externally by his main op- him to serve when he is over
position rival, MDC Alliance 70. 
leader Nelson Chamisa. Pitfalls ahead
Even if he leaps over these
The endgame: Malaba may hurdles, there is still section
be decisively needed at Con- 328 which provides that “an
stitutional Court (ConCourt) amendment to a term-limit
and Electoral Court levels to provision, the effect of which
rescue Mnangagwa and Zanu
PF candidates respectively as
many believe he did during the

NewsHawks News Page 33

Issue 62, 24 December 2021

since one seat was vacant and Timeline for Constitutional Amendment (No.1): tion of invalidity for 180 days law is in violation of the con-
the Upper House then had 79 to allow the senate to conduct stitution itself. The constitu-
members, which equalled two- • March 2013 – Zimbabwe adopts a new constitution after a referendum; another Third Reading vote tion protects itself. Section
thirds. But the law required at • December 2016 – Government publishes Constitution of Zimbabwe Amendment on the Bill and added that if 2 tells us so in clear and  un-
least 54 votes to pass the Bill, by the expiry of the 180th day, equivocal terms. It provides: 
not 53. (No. 1) Bill, 2016 (HB 15, 2016) which sought to give the President a free hand in the Bill had not been passed
appointing the Chief Justice, Deputy Chief Justice and Judge President of the High by 54 affirmative votes, the “Supremacy of constitu-
As a result, legislators Ma- Court; declaration of invalidity would tion: This constitution is the
jome, now a Zimbabwe An- • 3 January 2017 - The Bill is republished in the government gazette because the come into force.” supreme law of Zimbabwe
ti-Corruption Commission original notice of publication was signed by the Clerk of Parliament instead of the ConCourt judgment and any law, practice, custom
commissioner, and Gonese Speaker of Parliament; A three-judge ConCourt sit- or conduct inconsistent with it
challenged the process at the • 6 April 2017 – Bill is presented in the House of Assembly; ting comprising of Makarau, is invalid to the extent of the
ConCourt, arguing the Bill • 25 July 2017 - National Assembly finally passes the Constitution of Zimbabwe Patel and Gowora heard the inconsistency. 
should have been passed after Amendment (No. 1) Bill, after the Third Reading with 182 voting in favour and 41 substantive application on
a two-thirds affirmative vote against; 10 November 2020 before “The obligations imposed
by members of each House, in • 25 July 2017 – Same day Bill is moved to senate; granting another extension by this constitution are bind-
line with section 328 (5) of the • 26 July 2017 – Both the second reading and committee stages completed in sen- in a judgement delivered on ing on every person,  natural
constitution. ate; 25 February 2021, offering a or juristic, including the state
• 1 August 2017 - Constitution of Zimbabwe Amendment (No. 1) Bill passed by sen- much-needed lifeline to Mal- and all executive, legislative
The ConCourt heard the ate after 53 senators voted in favour instead of the constitutionally required 54; aba in the process.  and  judicial institutions and
consolidated case on 31 Jan- • .7 September 2017 – The Bill is published as law into the Constitution of Zimba- agencies of government at ev-
uary 2018, but only passed bwe Amendment (No. 1) Act, 2017 (No. 10 of 2017) after the late former presi- This led to the 6 April pass- ery level, and must be fulfilled
judgment on 31 March 2020. dent Robert Mugabe assented to it; ing of the unconstitutionally by them.” 
In the judgement written by • September 2017 – Main opposition MDC Alliance MP Innocent Gonese makes restored Bill. 
Malaba, the court concurred a constitutional court application, arguing the Bill sailed through senate (Upper So in essence, Gowora says
that a two-thirds majority House) unconstitutionally; In a split judgment, Ma- Constitutional Amendment
was not met in senate, while • December 2017 – Legislator Jessie Majome makes a Constitutional Court (Con- karau and Patel offered senate (No.1) is null and avoid as
dismissing the allegation that Court) challenge challenging the Act; a new 90-day lifeline. Gowora there was no Bill for senate
a two-thirds majority was not • 31 January 2018 - The ConCourt sits for a hearing; vehemently differed in a dev- to restore and pass on 6 April
secured in the National As- • 31 March 2020 – The ConCourt rules that the two-thirds affirmative votes require- astating dissenting judgment. 2021. If Mnangagwa goes
sembly. ment was not met in senate after 53 affirmative votes were registered instead ahead it to assent to it, he
of the required 54. Senate has 80 senators. Two-thirds is 54. However, the court Makarau said: “In view of would almost certainly be ap-
Former MP and minis- suspended its declaration of invalidity for 180 days to allow the senate to conduct the delay that has already en- proving of an unconstitutional
ter Jonathan Moyo, who has another Third Reading vote; sued in deciding the fate of Bill or a non-existent Bill.
closely followed the process, • 25 September 2020 - Parliament lodges two simultaneous applications at the Constitutional  Amendment
says the issue is riddled with ConCourt, a substantive application seeking an extension to the 180-day period, Bill No. 1 of 2017, it is not Patel said he agreed with
unconstitutional irregularities and an urgent ex parte chamber application for a provisional order extending the desirable that the uncertainty both judges, although he
and illegalities. 180-day period and also suspending the coming into effect of the court’s declara- in the supreme law  remains crucially sided with Makarau
tion of invalidity of the Bill. This was three days before expiry of the 31 march 2020 for much longer. A period of to give senate a new lifeline,
“Let’s summarise the pro- order; ninety days will be sufficient to hence momentum to Malaba
cesses and related cases first. • 28 September 2020 - the ex parte order is granted; enable the second applicant to and Mnangagwa’s 2023 plan.
Sometime in 2016,  Con- • 10 November 2020 – Substantive application is heard by Justices Rita Makarau, put its house in order regard-
stitution of Zimbabwe Anne-Marie Gowora and Bharat Patel; ing the proper constitutional “I cannot but agree with
Amendment (No. 1) - H.B. • 25 February 2021 – ConCourt judgment grants a 90-day extension to Senate by a procedures to adopt in the cir- Gowora AJCC that the su-
1-2017  was introduced. The 2-1 decision; cumstances of this matter. Ac- premacy of the constitution, as
Bill was gazetted on 3 January • 24 March 2021 - Senate approved a motion by Justice, Legal and Parliamentary cordingly, I make the follow- enshrined in section 2 of the
2017. That nullified general Affairs minister Ziyambi Ziyambi to restore the Bill to the Order Paper; and ing order:  The application is constitution, dictates that any
notice 434 of 2016, which was • 6 April 2021– Constitutional Amendment (No.1) Bill is adopted by senate by 70-1; granted.” law, practice, custom or con-
published in the extraordinary awaits Presidential assent. duct that is inconsistent with
gazette on 23 December 2016. However, Gowora came the supreme law is invalid to
After  that, the legislative pro- from the previous parliament this ultimately means the pro- ConCourt, one seeking a fur- in guns blazing and she was the extent of the inconsistency.
cess started until the Bill was even if the Bill was null and cess was blatantly fraudulent ther extension of the 180-day devastating – demolishing The ineluctable consequence
adopted by the Lower House avoid — meaning it was no and brazenly corrupt. period and an urgent ex parte the whole Makarau and Patel of this principle is that any-
on 25 July 2017 and then by non-existent – and in any case chamber application for a pro- arguments, and the Bill resto- thing done by parliament that
senate on 1 August 2017, but in violation of section 147. “The role of the judiciary visional order extending the ration process itself. She basi- is contrary to the provisions
without the constitutionally Furthermore, the applicants is to interpret the law, parlia- 180-day period, while    also cally buried the whole Consti- of the constitution, including
required two-thirds majority had not asked for a restoration ment makes laws and the exec- suspending the coming into tutional Amendment (No.1) section 147, would be invalid
in terms of Section 328 (5) of of the Bill. They only wanted utive initiates them, and they effect of the court’s declaration process. and unconstitutional to the
the constitution,” Moyo, also a it declared invalid, which was also implement. The judiciary of invalidity of the Bill. The ex extent of such inconsistency,”
professor of politics, said. done. So why did the Con- cannot be seen to be issuing parte, which is an application “On the dissolution of Patel said.
Court go further to issue a directives to other arms of the without notice to other inter- parliament, all proceedings
“Then the Bill was assented directive for the Bill’s resto- state, just as the executive or ested parties, was granted on pending at the time are ter- “Nonetheless, in the par-
to by Mugabe and gazetted as ration? parliament should issue di- 28 September 2020. minated,  and every Bill, mo- ticular circumstances of this
an Act on 7 September 2017. rectives to the judiciary. That tion, petition and other busi- matter, despite the clear sub-
However, it then got chal- “Remembering that it was is how checks and balances Parliament cited the Covid- ness lapses. As a result of the stantive implications of sec-
lenged by Majome and Gonese a full ConCourt bench, al- work.  19-induced lockdown as a rea- declaration of invalidity by tion 2 of the constitution, I
separately. The cases were then though the judgment was son for failure to comply with this Court, Constitutional am inclined to concur with
consolidated and heard in Jan- written by Malaba, we are left “So what we have now here the court order, although, for Amendment  Bill No. 1 never the predominantly procedural
uary 2018, but judgment only with no choice but to conclude is a Malaba Amendment; a long period, parliament con- became law. By parity of rea- stance adopted by Makarau
came on 31 March 2020.  the obvious: Malaba needed a whole constitution being tinued meeting despite the soning it would then revert AJCC in the determination of
the Bill to be restored to al- amended to assist Malaba to lockdown. Parliament later in- to a bill pending before  the this application.”
“The problem then gets low Mnangagwa to appoint stay in office in order to help troduced online sessions. senate for the conduct of a New hurdle
worse from there. The Con- the chief justice, deputy chief Mnangagwa to manage, ma- ConCourt lifeline proper vote as directed by this Given all the hurdles above,
Court nullifies the Bill because justice and judge president so nipulate and steal the 2023 Moyo insists Malaba had a court. It was inevitably affect- especially violation of section
it had not met requirements of that he could get an extension elections. Now is it not fair vested interest in issuing a di- ed by the dissolution of parlia- 328 (5) and section 147 of
section 328 (5) of the consti- that he requires. to conclude that the process, rective to senate to restore the ment in that it automatically constitution, and the import
tution which requires a two- its underlying intentions and Bill. lapsed,” Gowora said.  of section 2 which speaks to
thirds majority for it to pass. “So he was acting out of hidden motives are political the supremacy of the consti-
Three issues arise out of that, self-interest. He did not de- and corrupt? As noted by Veritas, an or- “I am not dwelling on when tution – and, above all, the
as already alluded to violation clare that, hence conflict of in- ganisation with an interest in the  order was granted. It was ConCourt’s 31 March 2020
of section 328 (5). And then terest. That renders the process What we are seeing here is legal, constitutional and par- invalid by process of law from judgment that the Bill was
there was violation of section fraudulent and corrupt. This is deceitful and corrupt politi- liamentary affairs: “The Chief not having been passed in ac- null and void, but still gave a
147 of the constitution. This, not an exaggeration. Corrupt cal manoeuvring and corrupt Justice and his colleagues, cordance  with the constitu- directive to senate to restore
read with Section 2 of the con- because the objective purpose electoral politics at play.” however, did not just make a tion. Thus, there is no bill to it – and Gowora’s dissenting
stitution which speaks to the of Malaba issuing a directive simple declaration that the Bill debate and vote on. The senate ruling that it remains a nullity
constitution as the supreme to senate to restore the Bill, Moyo said the ConCourt’s had not been validly passed would have to commence the and cannot be revived – Mal-
law of the land, becomes clear which was already invalid directive to senate to restore by parliament – which would process afresh following the aba is running into a cul de
that the Bill is null and void, anyway, was to enable him- the Bill was problematic. The have meant that the resulting setting aside of the proceed- sac, although Mnangagwa will
and can’t be restored. The only self to be given an extension court gave senate 180 days to Act and anything done under ings by which the invalid votes railroad and bulldoze through
legal thing to do to restore it to stay on his job. Without do so. it were also invalid.  Instead, it were garnered.  the process to give him an ex-
would have been to restart the restoration of the Bill, Malaba saw fit to suspend its declara- tension on 15 May, raising a
process in the new parliament. would not get an extension. So When this was about to “Section 147 must be given big constitutional question
But because the ConCourt lapse on 28 September 2020, effect to. There is no bill left and potentially explosive new
had given a directive that sen- senate on 25 September 2020 to debate. Any attempt by the court battle ahead.
ate should go back and restore lodged two applications at the senate to debate and vote a bill
the Bill, the process continues that has lapsed by operation of

Page 34 News NewsHawks

Issue 62, 24 December 2021

OWEN GAGARE Zimbabwe secretly deploys key
special forces to Mozambique
FOLLOWING a recent mil-
itary siege on the northern and stability,” Mnangsgwa sha Mugwagwa, was killed Mozambican insurgents. Mozambican soldiers on patrol. Further, the training cur-
Mozambican town of Pal- was quoted as saying by the in Palma. The government, to Mozambique are more support of joint manoeuvres riculum includes river cross-
ma by Islamist insurgents, state-controlled daily The working with his family and or less the size of a platoon, for the conduct of advanced ing, mountain climbing, re-
killing dozens, including a Herald. the Mozambican authorities, which usually has about four force operations or precision connaissance, anti-hijacking,
Zimbabwean, while leaving are frantically trying engage squads (of between seven and strike missions. In this case, sniping, unarmed combat,
a trail of bloodshed and de- “Government is currently a forensic pathologist to ex- 14 troops each) up to 50 sol- Zimbabwean special forces tracking and bush craft. Also
struction in its wake, Presi- working with the Mozambi- hume his body and repatriate diers and is commanded by a will operate under the aegis included is jungle survival on
dent Emmerson Mnangagwa can authorities to establish it home for reburial. lieutenant, the sources said. of the Mozambican army,” a wild fruits and natural rem-
deployed special forces to the the number of our nationals security source said. edies for medical treatment.
gas-rich Cabo Delgado Prov- who were entrapped during The sources said Zimba- The commando regiment
ince to battle the rampaging the attack of Palma town, bwe sent special forces main- is one of the special forces “They can operate on their The special forces have
militants. on March 24, 2021. Against ly drawn from One Com- units in the Zimbabwe De- own as they are trained to ex- been deployed in several
this disturbing background, mando Regiment (formerly fence Forces entrusted with ceptionally high levels, both African conflicts, includ-
Security sources told The the party structures across One Commando Battalion, difficult critical operations. physically and psychological- ing the Mozambique Civil
NewsHawks this week that all provinces must ensure previously the Rhodesian ly and are expected to per- War in the 1980s and 1990s
Zimbabwe deployed combat that our communities are on Light Infantry), based at The role of the comman- form accordingly, but there and the Second Congo War
special forces to help Mo- high-security alert. Let us Cranborne Barracks in Hara- dos and other special units is are political and operational from  1998-2002  for Zimba-
zambicans with the Palma continue to jealously guard re and the Special Air Service to conduct special operations factors that come into play bwe.
“sweeping campaign” at the the peace and stability that is based at Kabrit Barracks, ad- – like the sweeping of Palma like in this case.”
end of March, a week after existing in our country.” jacent to the Robert Gabriel – across an operating contin- The latest Zimbabwean
the deadly attack. Mugabe International Air- uum, typically expeditionary Commandos are renowned deployment came a week pri-
It was confirmed this week port. in nature. for being mentally tough, or to the Southern African
“Zimbabwe sent some spe- that a Zimbabwean hospital- quick-thinking and keeping Development Community
cial forces team into Cabo ity and catering worker, Nya- The special forces deployed “The commandos usually a cool head in difficult and (Sadc) double troika summit
Delgado in the aftermath of operate either as an inde- complex situations. They are in Maputo on 8 April, which
the siege on Palma by Islam- pendent force element or in highly trained and skilled in authorised an “immediate
ic insurgents to help clear a range of advanced specialist technical deployment” into
out the militants,” a security weapons and equipment. the conflict-ravaged Cabo
source said. Delgado region.
“Commandos operate in
“Soon after the Palma at- small units. For instance, The double troika sum-
tack, the special forces were each commando team can be mit combined the Sadc main
deployed working under the a small group of four or five summit and the troika of the
Mozambican army to help fighting troops, with a heavy organ on politics, defence
drive out the militants. They weapons troop, and a signals and security cooperation
had to go in because of the platoon,” the source said. summit. It was attended by
surprise attack which marked six regional leaders, includ-
a serious escalation, the sub- “These soldiers are tak- ing Sadc chair, Mozambican
sequent bloodbath and also en from trained troops for President Filipe Nyusi and
that there are Zimbabweans further training. The units Sadc organ troika head, Bo-
who are in there, one of them are trained to conduct spe- tswana President Mokgweetsi
was actually killed.” cial activities, which include Masisi.
military manoeuvres con-
Zimbabwe’s deployment ducted by specially designat- Security ministers are
will be followed by a quick ed, organised, trained, and meeting on 28 April to refine
regional military manoeu- equipped forces.” the roadmap for intervention
vre under the Mozambican in Mozambique, while secu-
army. Sadc countries want a In Zimbabwe, the selec- rity service chiefs are already
collective response to avoid tion process for special forces working on a plan to send in
being targeted by insurgents training includes four-day the Sadc standby force.
individually. day and night navigation in
the Zambezi Valley, while Although Nyusi wants
Mozambique prefers a carrying a 30kg weight on an help, his government is op-
strategic Sadc technical de- empty stomach. posed to foreign armies
ployment to avoid inflaming converging in Mozambique
the situation into a regional in large numbers as he fears
conflict and making the sit- that would trigger a regional
uation worse by drawing in conflict – drawing in more
more terrorists from outside. terrorists – and make the sit-
uation worse.
This comes as Sadc defence
ministers from South Africa, The insurgents have killed
Botswana and Zimbabwe – over 2 000 people and dis-
which form the troika of the placed more than 750 000. 
organ on politics, defence
and security cooperation – Even with clashes from the
are due to meet on Wednes- actual battle for Palma over,
day next week to finalise insecurity in the town con-
the regional intervention in tinued this week, according
Mozambique ahead of troika to the Cabo Delgado weekly
leaders’ summit the follow- bulletin.
ing day.
Zimbabwe Defence Forces
Addressing a Zanu PF po- spokesperson Colonel Ted-
litburo meeting on Wednes- dy Ndlovu denied the army
day in Harare, Mnangagwa has deployed special forces to
sounded belligerent and Mozambique.
ready for action, a further
sign Zimbabwe was already “Thats not true and in any
on the ground. case if something like that
happens I will advise the na-
“As Zanu PF, we stand tion. You can’t hide that kind
in solidarity with our sister of information. I advise that
party, Frelimo as well as the you also look at the Sadc de-
Government and people of ployment schedules so that
the Republic of Mozambique you know the meetings that
in the wake of the ongoing need to take place and what
disturbances in Cabo Del- needs to happen before de-
gado Province, in northern ployment.”
Mozambique. An attack on
one of us is an attack on Mnangagwa’s spokesman
all of us. United we stand. George Charamba said:
Hence, we cannot sit back “Zimbabwe will take part as
and allow acts of insurgency part of the Sadc brigade. The
to continue without a robust best person to ask would be
regional response. Last week, (Sadc executive secretary) Dr
I therefore attended the Sadc (Stergomena) Tax.”
double troika summit in Mo-
zambique, where the regional
bloc resolved to immediately
make technical deployments
towards restoring peace

NewsHawks News Page 35

Issue 62, 24 December 2021

OWEN GAGARE Lawyers tackle Mnangagwa
over 2023 election strategy
AT a time when President arise from the passing by the
Emmerson Mnangagwa and tion of the constitution. from 2013 to midnight on senate in accordance with the Chief Justice Luke Malaba. senate of the ninth parliament
Chief Justice Luke Malaba Following Tuesday’s passing Sunday 29 July 2018, and the provisions of the constitution. conduct, practice or custom of the  Constitution of Zimba-
thought their authoritarian currently running ninth par- inconsistent with it is null bwe Amendment (No. 1) Bill,
consolidation agenda through of Amendment (No.2) Bill, it liament, whose tenure ends in “The 1st respondent failed and void to the extent of the [H.B. 1A, 2017] as the entire
roughshod constitutional seemed things were flowing 2023.  to fulfil its constitutional ob- inconsistency,” his application exercise of that legislative au-
amendments to ensure their smoothly for Mnangagwa and ligation under section 131(2) adds. thority was constitutionally
2023 election plan remains Malaba, but yesterday’s unex- In terms of the law, the as read with section 117(1) of invalid, and even the assent
intact was on track – steam- pected (ConCourt) challenge executive should have re-in- the constitution in the follow- “I am also aware that in to the Constitutional Bill by
ing ahead unstoppably – law- by Bulawayo-based lawyer troduced the Bill in the cur- ing manner: terms of section 2(2) of the the 5th respondent in the cir-
yers have taken a bold move Nqobani Sithole and his team rent parliament, rather than constitution, the obligations cumstances would be of no
to derail the runaway train of could derail their plans.  carrying on from the previous “On  the 24th of March imposed by the constitution moment.
dictatorship. parliamentary life since it had 2021 the 1st respondent, are binding on every person,
Mnangagwa and his asso- already lapsed. through the senate,       passed whether natural or juristic, in- “I am advised that if the 1st
The critical constitutional ciates are racing against time. a motion restoring the Consti- cluding the State and all exec- respondent desired to steer
amendments – Constitution Malaba, by operation of law, Section 147 of the consti- tution of Zimbabwe Amend- utive, legislative, and judicial through the Constitutionof
of Zimbabwe Amendment ceases to be chief justice at tution reads: “On the disso- ment (No. 1) Bill, [H.B. 1A, institutions (which include Zimbabwe Amendment (No.1)
(No.1) and Constitutional midnight on 15 May when he lution of parliament, all pro- 2017] to the order paper this Honourable Court) and Bill, [H.B. 1A, 2017], it
Amendment (No.2) – which turns 70. ceedings pending at the time when  the said constitutional agencies of government at ev- should have commenced the
make the late former presi- are terminated, and every Bill, Bill had lapsed on the 29th ery level, and must be fulfilled process afresh in keeping with
dent Robert Mugabe, a ruth- Mnangagwa, however, des- motion, petition and other of July 2018 by operation of by them. the procedures prescribed in
less authoritarian ruler, look perately wants Malaba to stay business lapses.” section 147 of the constitu- section 131 of the Constitu-
like a saint, are designed to on for another five years to tion  upon the dissolution  of “I am advised that this en- tion.
consolidate power in Mnan- help him in his 2023 re-elec- In his application, in terms the righth parliament. tails that parliamentary pro-
gagwa’s hands in a bid to re- tion bid should almost inev- of section 167(2)(d) of the cesses as well as decisions of “I am advised that anything
store the imperial presidency itable election disputes spill Constitution of Zimbabwe “On the 6th of April 2021 this Honourable Court relat- other than the constitutional-
that ruined the nation in the into the courts, like what Amendment (No.20) Act of the 1st respondent, through ing to such processes should ly prescribed process is of no
first place. happened in 2018 and other 2013 as read with rule 27(1) the senate, debated and passed find their basis in the Con- consequence in that it could
previous elections. of the ConCourt rules, 2016, the  Constitution of Zimbabwe stitution.  I am advised that not bring about any lawful ex-
Mnangagwa and his co- which cites the Parliament Amendment          (No. 1) Bill, if the 1st respondent makes ercise by the 1st respondent of
horts, including Malaba who To ensure Malaba stays in of Zimbabwe, Speaker of the [H.B. 1A, 2017] when the a decision that violates a pro- the legislative authority vested
wants to extend his tenure office, Mnangagwa, through National Assembly, Presi- said Constitutional Bill had vision of the Constitution in it.”
beyond his retirement on Justice minister Ziyambi Zi- dent of Senate, Ziyambi and lapsed on the 29th of July insofar as the conduct of its
15 May at 70, are bidding yambi, unconstitutionally Mnangagwa, Sithole is seek- 2018 by operation of section processes is concerned, and if As a result, the application
to change the constitution pushed Amendment (No.1) ing an order which declares 147 of the constitution upon this Honourable Court also says the amendment must be
without following proper Bill through Senate three that by passing Amendment the dissolution of the eighth makes a decision which is at declared null and void.
legislative and constitutional weeks ago and is now push- (No.1) Bill on 6 April after it parliament. odds with the provisions of
processes to allow the presi- ing Amendment (No.2) Bill was carried over into the cur- the constitution, then all such “I therefore seek the declar-
dent to avoid having elected – again illegally – through the rent life of parliament from “In terms of section 167(2) processes and decisions would atory orders and consequen-
vice-presidents as running National Assembly. the previous one, senate vio- (d) of the constitution this be a nullity to the extent of tial relief in the following
mates, appoint judges and lated section 147 of the con- Honourable Court has the their inconsistency with the terms: It is declared that 1st
extend their age limits, and Mnangagwa wants these stitution. jurisdiction and power to Constitution as the supreme respondent through the sen-
appoint more unelected min- amendments done before determine whether the 1st law.” ate failed to exercise its legis-
isters, among other things. 15 May to save Malaba. Zi- Sithole, a lawyer, represent- respondent has failed to fulfil lative authority under section
yambi has presidential in- ed by Ncube & Partners, a a constitutional obligation. The Sithole application 131(2) of the Constitution
This will help him consol- structions to ensure that, The Bulawayo-based law firm, is This court application for then summarises the case and of Zimbabwe Amendment
idate his grip on power and NewsHawks, which has been seeking a declaratory order on declaratory and consequential outlines the declaratory order (No.20) Act, 2013 in accor-
widen his scope of patronage following this process closely several issues, but first builds relief is accordingly brought sought. dance with the constitution
– increase seats on the gravy and reporting on it weeks on up his case, arguing: in terms of section 167(2)(d) by passing a motion to restore
train and add more slots on end, has it on good authority. of the constitution.” “I am advised that the the  Constitution of      Zimba-
the feeding trough – and en- “It is my sincere contention restoring and passing of bwe Amendment (No.1) Bill,
sure control. However, Sithole yesterday that the 1st respondent has In his application, Sithole the  Constitution of Zimbabwe [H.B. 1A, 2017] to the order
filed a ConCourt application failed to fulfil its constitution- further argues the amend- Amendment (No.1) Bill, [H.B. paper on the 24th of March
Most of the changes which challenging the passing of the al obligation under section ment process violated the 1A, 2017] by the senate of the 2021 when the said Constitu-
the National Assembly made first amendment, arguing that 131(2) as read with section constitution and that was ninth parliament was incom- tional Bill had lapsed on the
to the Constitutional Amend- it violated section 147 of the 117(1) of the constitution dangerous in a democracy. petent in that the Constitu- 29th of July 2018 by opera-
ment (No.2) Bill, which is constitution as it straddled to have the  Constitution of tional Bill had lapsed by op- tion of section 147 of       the
not subject of the court chal- two different lives of parlia- Zimbabwe Amendment (No. “Our country is a consti- eration of section 147 of the Constitution of Zimbabwe,”
lenge, in the committee stage ment. 1) Bill, [H.B. 1A, 2017] pre- tutional democracy, meaning constitution,” it says.   it says. 
materially altered clauses of sented in, and passed by the that the constitution is the
the original draft or added The Bill straddled the supreme law and any law, “Nothing can therefore “It is declared that 1st re-
new clauses that were not eighth parliament which ran spondent through the senate
there. Hence, they are uncon- failed to          exercise its legis-
stitutional because they were lative authority under section
made without going through 131(2) of the          Constitu-
the procedure laid down in tion by of Zimbabwe Amend-
section 328 of the constitu- ment (No.20) Act, 2013
tion.  in         accordance with the
Constitution by presenting
As a result, the clauses and passing the            Consti-
which have been changed tution of Zimbabwe Amend-
and added to the Bill have ment (No.1) Bill, [H.B. 1A,
not been properly passed by 2017]  on the 6th of April
parliament.  This will remain 2021 when the said Con-
so no matter how many MPs stitutional Bill had lapsed
voted for the Bill in its final on the 29th of July 2018 by
reading on 20 April.  operation of section 147 of
the         Constitution of Zim-
This might also be chal- babwe. 
lenged in court separately.
“It is declared that all
Constitutional Amend- processes arising from the
ment (No.1) Bill – the sub- restoration and passage
ject of court challenge – was of  Constitution of Zimbabwe
passed through Senate on 6 Amendment          (No.1) Bill,
April with worse problems, [H.B. 1A, 2017] by the senate
which even Constitutional on the 24th of March 2021
Court (ConCourt) judges and the 6th of April      2021
Annie-Marie Gowora and are of no force or effect. The
Bharat Patel were not com- costs of suit to be paid by
fortable with.  any respondent that opposes
this application. I submit that
Justice Gowora was sting- I have made out a good case
ing in her dissenting judg- for the relief sought.”
ment on 25 February when
justices Rita Makarau and
Patel gave senate 90 days on
top of 180 days earlier given
on 31 March 2020 to regular-
ise the passing of Amendment
(No.1) Bill which had been
passed irregularly on 1 August
2017 without the required
two-thirds majority in viola-

Page 36 News NewsHawks

Issue 62, 24 December 2021

Mnangagwa’s mansion construction stalls

BRIDGET MANANAVIRE the United States’ official pres- massive house – that looks where a 2 000-square-metre From the Wheeldon side, Soon after Mnangagwa
idential workplace and resi- nondescript from outside - stand can cost around US$100 where the main entrance is came to power through a coup
CONSTRUCTION work at dence, the White House, at 1 which is later abandoned.  000, according to independent located, the security structure in November 2017, by Janu-
President Emmerson Mnan- 600 Pennsylvania Avenue NW realtors. that was being constructed ary 2018, construction had al-
gagwa’s multi-million-dollar, in Washington, DC. After the 2017 military looks derelict with only scaf- ready begun on the expansive
yet unsightly, house at the cor- coup, government bought However, the estate has folds remaining onsite. piece of land and was moving
ner of Crowhill and Wheel- A visit to the property houses for all members of the also been poorly developed in at a terrific pace amid indica-
don roads in Borrowdale showed that construction has presidium with Chiwenga some sections, making it look The gate with the inscrip- tions he was eager to move in.
suburb has stalled, three years virtually stopped. This has settling for a property locat- commonplace. It is not yet as tion “Number 14 in Wheel-
after it commenced, The News- raised questions on whether ed along Manombe Close in classy as Borrowdale Brooke. don” shows that the yard was Security officials felt Mnan-
Hawks can report. the president is happy at Zim- Carrick Creagh Estate, Bor- previously being used as a gagwa’s Helensvale house was
babwe House, abandoned the rowdale. The house, which is Mohadi moved from his lodge.  small, making it difficult for
This means taxpayers’ funds project or has identified a big- now all but complete, has been Greystone Park home to the them to create a significant
have been wasted on a prop- ger piece of land to construct lavishly fitted with imported spacious mansion in the leafy The view from Crowhill buffer and detect threats prop-
erty that Mnangagwa may another home. furnishings.  Carrick Creagh, suburb of Glen Lorne after Road also shows a deserted erly which may be posed to the
no longer be keen on living which overlooks the upmar- government bought and reno- construction site, with no President.
in. The hideous property was The issue has also raised ket Borrowdale Brooke neigh- vated the house for him. activity except for the scaf-
being built as part of his state concerns about the waste of bourhood, is a prime suburb folds that have been there for Soldiers manning the
package. Usually the President taxpayers’ money building a But work has stalled at months. property are using makeshift
and vice-presidents are given Mnangagwa’s property.  amenities and they had also
state properties to live. pitched a tent on a private
citizen’s property. The own-
A big house is being built er of that adjacent property
for Vice-President Constan- had already been approached
tino Chiwenga at Carrick on that. Improving security
Creagh Estate in Borrowdale. features and completing the
Former Vice-President Kembo ongoing renovations were the
Mohadi now lives on Folyjon only way that could improve
Crescent in Glen Lorne sub- the property.
urb, Harare. 
After his inauguration in
Mnangagwa moved out of November 2017, Mnangagwa
his house in Helensvale, Bor- continued to stay in Helens-
rowdale, in Harare after secu- vale for several months before
rity concerns were raised as moving to the guest wing of
it was felt that the residence Zimbabwe House. 
was not well protected. This
prompted government to The explanation by his
speed up renovations at the spokesperson George Charam-
President’s spacious residence. ba then was that the President
had no need for the huge space
However, Mnangagwa later since his children were grown
relocated from 355 El Shaddai up, thus he had settled for the
Road in Helensvale to Zim- smaller guest house.
babwe House, opposite State
House. Meanwhile, renova- At the same time, extensive
tions were being done at his renovations were ongoing at
property opposite to flam- State House as well as Zim-
boyant local tycoon Philip babwe House after Mugabe
Chiyangwa’s sprawling house, moved out, with the whole
dubbed the White House after complex undergoing a major
facelift.

NewsHawks News Page 37

Issue 62, 24 December 2021

OWEN GAGARE Chief Justice Malaba’s tenure
set to be extended next week
CHIEF Justice Luke
Malaba is on course to unlike his predecessor He delivered the Con- when he was Vice-Pres- Chief Justice Luke Malaba. “It sets the context in
remaining in office be- Godfrey Chidyausiku stitutional Court judge- ident and Justice minis- which it was written. He
yond 15 May (next Sat- who announced he would ment which confirmed ter, while also plotting to clear he had seized power candidly reveals the fact
urday) when his tenure be leaving office when he Mnangagwa’s disputed succeed the late former through a coup. that he had communi-
ends by operation of law officiated at the opening 30 July 2018 presiden- president Robert Mug- cated with the Speaker
following the passing of the 2017 legal year. He tial election victory, after abe. This followed an ap- of Parliament at 1353
of the Constitution of retired in February 2017 dismissing Chamisa’s pe- plication by the Liberal hours. In the communi-
Zimbabwe Amendment after reaching 70 years. tition. The Mnangagwa Zanu Democrats and Revolu- cation, the former Pres-
(No.2) Bill by Senate this PF faction, which bat- tionary Freedom Fight- ident expressed to the
week which, together Malaba has been In a unanimous ruling tled for power against ers, Bongani Nyathi, Speaker his desire to re-
with the Constitution of Mnangagwa’s long-time of the nine judges of the the rival group that had Linda Masarira and Vu- sign from the Office of
Zimbabwe Amendment ally, including when he country’s top court, Mal- coalesced around Mug- sumuzi Sibanda who President.
(No.1) Bill, are likely to was deputising the late aba said Chamisa had abe’s wife Grace, broadly contested the legality of
be gazetted today. former president Robert failed to prove allegations wanted Judge President the Mnangagwa-led gov- “A written notice of
Mugabe, and also while of fraud and manipula- George Chiweshe to suc- ernment. resignation addressed to
By operation of law, serving as Justice minis- tion of the vote during ceed Chidyausiku. But the Speaker and signed
Malaba ceases to be chief ter well before the No- the presidential poll. Mnangagwa personally They argued that Mug- by the President, on the
justice when he turns 70 vember 2017 coup. thought Malaba was the abe tendered the resig- face of it, meets the first
at midnight on 15 May. “Emmerson Dam- man for the job. nation under duress and requirement of constitu-
The Chief Justice has budzo Mnangagwa is that Mnangagwa’s ascen- tional validity.”
The Amendment been a vital cog in Mnan- duly declared the winner Then as now, Mnan- dancy was unconstitu-
(No.1) Bill will enable gagwa’s political machin- of the presidential elec- gagwa still wants Malaba. tional. Malaba argued that
the President to appoint ery, helping him sanitise tions held on the 30th of Chiweshe, who has a mil- “what the former Presi-
the Chief justice, Deputy and legitimise the coup July 2018,” Malaba said itary background, is now They further said that dent said in the written
Chief Justice and Judge which toppled Mugabe, in his judgment, which viewed by Mnangagwa’s the impeachment process notice of resignation is
President without them and thrust him into pow- had attracted widespread faction as Vice-President that was instituted prior the best evidence avail-
undergoing public inter- er. attention at home and Constantino Chiwenga’s to Mugabe’s resignation able of the state of his
views. abroad. loyalist. Mnangagwa and was unlawful and that it mind at the time.”
Malaba has also run the Chiwenga are currently served to coerce him to
Crucially for Malaba, judiciary in a way that It is understood Mal- locked in a simmering step down. “He (Mugabe) said he
the Amendment (No.2 has helped Mnangagwa’s aba prevailed over some power struggle. was free to express his
Bill) seeks to allow judg- regime, government in- judges to ensure the However, Malaba, sit- will to resign. Not only
es of the Constitutional siders acknowledge. unanimous ruling. Some In a July 2018 ruling ting in chambers, ruled does the former Presi-
Court and the Supreme judges wanted to dissent, that helped Mnangagwa the constitutional chal- dent declare in the writ-
Court to continue to The chief justice pre- but were whipped in line, to sanitise the coup which lenge was frivolous and ten notice that he made
serve beyond the current sided over the 2018 Con- sources said. toppled Mugabe, Mal- vexatious given that the decision voluntarily,
retirement age of 70, if stitutional Court elec- aba said Mugabe freely Mugabe carefully applied he gives reasons for doing
the President, after con- toral petition by MDC Government and judi- and voluntarily stepped his mind and decided to so in clear and unambig-
sulting the Judicial Ser- Alliance president Nel- cial officials say Malaba down, adding Mnangag- step down without the uous language,” Malaba
vice Commission, con- son Chamisa challenging was Mnangagwa’s strate- wa’s assumption of pow- embarrassment of im- said.
sents to their doing so.  Mnangagwa’s disputed gic candidate to replace er was done in terms of peachment.
2018 presidential poll the late Chief Justice the law, although it was “He said he was moti-
It also seeks to permit win. Godfrey Chidyausiku “The former president’s vated by the desire to ‘en-
the President to promote written notice of resig- sure a smooth, peaceful
judges of the High Court nation speaks for itself,” and non-violent transfer
and the Supreme Court Malaba said. of power that underpins
to a higher court on the national security, peace
recommendation of the and sustainability”.
JSC, without the need
for public interviews, Malaba said Mnangag-
thereby opening the door wa’s assumption of office
to promotions on the ba- was therefore done in ac-
sis of political suitability cordance with the provi-
and cronyism, as is the sions of the constitution
case with Malaba. after a vacancy had arisen
due to the resignation.
The behind-the-scenes
manoeuvres to extend The Chief Justice’s
Malaba’s tenure by hook judgment followed a No-
or by crook are being or- vember 2017 ruling by
chestrated by President Judge President George
Emmerson Mnangagwa Chiweshe which legit-
– the ultimate beneficiary imised the coup. Chi-
of the extension. Mnan- weshe had ruled that
gagwa needs Malaba to the military intervention
help him navigate pos- by the Zimbabwe De-
sible constitutional and fence Forces which led
legal minefields ahead of to Mugabe’s resignation
the 2023 elections. was constitutional, as the
military sought to restore
With just a week before order in the country.
Malaba’s tenure ends, the
JSC has not announced He said the military’s
a vacancy by advertising actions in intervening
the chief justice’s posi- to stop the takeover of
tion, meaning that the Mugabe’s functions “by
shortlisting of candidates those around him are
and public interviews constitutionally permis-
have not been done. sible and lawful”.

Justice ministry of- Malaba and Chiweshe
ficials told The News- thus played a critical role
Hawks that the position in sanitising and legiti-
has not been advertised mising the coup which
because it was known be- propelled Mnangagwa to
forehand that there was a power.
plan to amend the consti-
tution to allow for Mala-
ba’s extension.

Crucially also, Malaba
has not said his goodbyes

Page 38 News NewsHawks

Issue 62, 24 December 2021

OWEN GAGARE Deadly power struggle explodes

THE simmering power strug- Mnangagwa, Chiwenga clash
gle between President Em- over Malaba tenure extension
merson Mnangagwa and his
deputy Constantino Chiwen- Vice-President Constantino Chiwenga (left) and President Emmerson Mnangagwa. Malaba has already bene-
ga has exploded in the courts fitted. 
as the former and his allies in Tsvangirai in the presidential Malaba’s term was extend- ka’s application when he has High Court Judge President
the Judicial Service Commis- election first round. The army ed by five years on Tuesday. sometimes served as Supreme George Chiweshe Kika’s application was con-
sion (JSC) are running scared rescued Mugabe in the run- In terms of the constitution Court judge, saying this was Justice Edith Mushore solidated with that of the
that the retired army general off, which forced Tsvangirai before the amendments, Mal- suspicious. It also charged Young Lawyers Association
and his foot soldiers could to pull out citing violence, in- aba was supposed to retire by that Zhou was conflicted as of Zimbabwe and business-
sink his power consolidation timidation and killings. operation of law tomorrow at he wants to be a Constitu- man Frederick Charles Moses
and 2023 election project, midnight when he turns 70.  tional Court (ConCourt) Mutanda which deals with
sources say. Chiweshe was appointed judge. The judges dismissed the same issues, including the
High Court Judge President The extension of his tenure the issue against Zhou and Malaba case and Constitution
The plan is designed and in May 2010, succeeding Jus- by five years has triggered the said they will deal with the of Zimbabwe Amendment
calculated to propel Mnan- tice Rita Makarau. He has oc- High Court battle, fuelling other preliminary issues to- (No.2), the actual source of
gagwa’s re-election bid in casionally acted as a judge of a deadly power struggle and gether with merits, allowing the problem.
2023. Besides, Zanu PF also the Supreme Court.  cutthroat manoeuvres be- the arguments to proceed.
has an elective congress next tween Mnangagwa and Chi- Apart from giving Mnan-
year before the elections. As a result, Chiweshe’s al- wenga ahead of congress and By demanding that the gagwa power to extend the
liance with Chiwenga is for- elections. panel be disbanded and a new tenure of judges, Amendment
Sources say Chiwenga’s ally midable. That is why the JSC one be appointed by the most No.2 overrides section 328 of
in the judiciary, High Court does not want him involved Three High Court judges – senior judge after Chiweshe – the constitution which says
Judge President George Chi- in this matter. Justices Happias Zhou, Edith which means Justice Joseph incumbents cannot benefit
weshe, and his associates Mushore and Jester Hele- Musakwa – the JSC was also from changes of the law on
could collapse Mnangagwa’s The consolidated applica- na Charewa – were till late objecting to the presence of tenure. Lawyers say overrid-
personalised power consolida- tion also deals with Mnangag- last night locked in a court Mushore and Charewa, show- ing section 328 without re-
tion project.  wa’s contentious constitution- battle with the ministry of ing it also does not trust the ferring it to a referendum is
al amendments, which are the Justice, the JSC and the At- two ladies. unconstitutional. No referen-
Chiweshe, sources say, subject of looming volatile torney-General over the con- dum was held.
has two major motivations court battles. solidated application which Kika has taken 17 judges
to block Mnangagwa’s plot: has thrown the cat among the (initially 16 before Lavender As a result of a string of
He is anti-Malaba and is The extension of Malaba’s pigeons.  Makoni was added) to court illegalities, various court ap-
Chiwenga’s ally. The consti- tenure came against a back- over Mnangagwa’s bid to ex- plications are being filed in
tutional amendments, espe- drop of two unprecedented The JSC, fighting in Mnan- tend their tenures through the ConCourt to challenge
cially No.2, affect Chiwenga constitutional amendments gagwa and Malaba’s corner, amendments which they say the amendments, which have
as they remove the running and the overriding of the en- argued Chiweshe’s panel must are unconstitutional and ille- sparked widespread outrage
mate clause, which leaves him trenched section 328 of the be disbanded. It queried why gal.  and protest among stakehold-
a weak and vulnerable Mnan- constitution without going to Chiweshe was not cited in Ki- ers. 
gagwa appointee, even if he a referendum.
literally installed him in pow- These cases risk creating a
er through the 2017 military constitutional imbroglio – a
coup. messy entanglement of the
executive, legislature and ju-
The sources say Mnangag- diciary – hence crisis.
wa’s allies fear Chiweshe and
other judges, especially those The series of court applica-
on the panel appointed to tions are threatening Mnan-
hear the application of the gagwa’s re-election project,
Zimbabwe Human Rights which includes consolidating
NGO Forum executive direc- power, control and influence
tor Musa Kika – consolidated across the executive, judiciary,
with that of the Zimbabwe legislature, security sector and
Young Lawyers Association the media ahead of the elec-
– against the extension of su- tions. 
perior court judges’ tenures,
could block Chief Justice As a result, Mnangagwa has
Luke Malaba’s controversial been pushing vigorously and
term extension.  spiritedly to make changes
that give him more power and
Chiweshe is a war veteran sideline Chiwenga.
and retired major-general.
He was Chiwenga’s deputy in Mnangagwa and Chiwenga
Zanla’s political commissariat are locked in a war of attrition
during the liberation struggle.  which began soon after the
2017 military coup that top-
After Independence, he pled the long-time ruler Rob-
worked as a public prosecutor ert Mugabe. Chiwenga was
before completing law studies Zimbabwe Defence Forces
at the University of Zimba- commander during the coup
bwe.  and basically installed Mnan-
gagwa in power.
In 1983, he joined the Zim-
babwe National Army  as a However, the two fell out
major and served in the di- soon afterwards over a num-
rectorate of legal services. He ber of unresolved leadership
then rose through the ranks and power-related issues. 
and became the head, and lat-
er judge advocate-general. He Insiders say Mnangagwa
also became brigadier-general had agreed to serve one term
until his retirement in April – until 2023 – and thereafter
2001.  allow Chiwenga to take over.
He has, however, reneged
After that, he was appoint- on the agreement, triggering
ed High Court in 2001. He clashes and political brink-
later became chair of the De- manship between the two
limitation Commission in erstwhile allies.
2004 and Zimbabwe Elector-
al Commission chair in 2005. 

As elections boss, he
worked closely with Chiwen-
ga and the military when they
rescued Mugabe in 2008 after
his defeat by founding oppo-
sition MDC leader Morgan

NewsHawks News Page 39

Issue 62, 24 December 2021

Multimillion-dollar whistleblowing
corruption scandal rocks Zimra fund

OWEN GAGARE himself US$15 million. But the he met Evans Kujinga. Some- corrupt financial benefit, the au- and the resulting audit yielded 1 documents were retained by the
use of insider information led to time in 2014 and assisted him dit says. 500 times less than the expected commissioner.”
MASSIVE corruption — which a prejudice to Zimra of US$10 as a tax consultant who would yield from a full-scale audit.”
has dragged on for years — is million on one occasion. One ask almost everything about This series of cases of corrup- The whistle-blowers, howev-
rocking the Zimbabwe Revenue prolific whistle-blower – Ku- Zimra, Customs and Taxation tion happened during Zimra The audit also reveals Zimra er, later learnt that the same case
Authority (Zimra)’s multi-mil- jinga - who was an informant such as how to apply for a tax Commissioner-General Ger- is not consistent in the way the was given to Kujinga to cash in
lion-dollar whistle-blower fund to over 80 cases obtained much clearance, how to propose a pay- shem Pasi’s time, continued 10% reward to whistle-blowers with Zimra officials. 
which the tax collector’s senior of the information from inside ment plan, garnish orders, tax during under Faith Mazani’s is paid. 
officials are looting in cahoots Zimra to support his cases. At amnesty, and upliftment among time and is still happening now “Internal audit investigations
with a corrupt network of infor- the time of audit, he had been other things. He did not verify acting boss Rameck Masaire. “In some instances, payment reveal that the case was report-
mants acting on insider infor- paid over US$1 million and whether Kujinga was a regis- was based on the collections ed on 21 July 2013 and audited
mation. stood to be paid over US$15 tered tax consultant or not and Documents obtained by The from the revenue head that is and has since been fully paid.
million when all collections due could not remember the specif- NewsHawks from Zimra, which identified by the whistle-blow- A total prejudice of US$455
In April, The NewsHawks re- had been paid up. ic clients Kujinga represented claims its values include integ- er to be prejudiced. In other 404.47 was established and
ported Zimra was caught in a but was very inquisitive about rity, transparency and fairness, instances, payment to whis- US$45 540.47 was paid to Ku-
corruption storm in which its This money was at various how things were done in the show that top officials at the tax tle-blower was based on total jinga,” it says.
senior officers were accused of stages of processing: cash due Debt Management section. He collector are at the forefront of prejudice regardless of whether The DMC case 
conniving with tax evaders in for payment; cash in debt which also received monies from him illegally and criminally collabo- whistle-blower had identified The case, according to the audit,
exchange for payment and par- was being collected; money through Ecocash and cash.” rating with corrupt tax evaders that revenue head on his re- was whistle-blown twice, at first
taking in attendant financial from cases under audit, matters Kujinga’s 80 cases for financial benefit without port,” the audit says. using the name Diamond Min-
rewards. This endangers the not yet audited and transactions There are over 80 cases which regard for the safety of whis- ing Corporation (DMC) and
security of whistle-blowers and submitted. were reported by Kujinga. The tle-blowers. “Zimra took excessively long on the second occasion just as
damages the image of the tax amount set to be paid to him to pay whistle-blowers after pay- DMC. The first case was report-
collector. The interactions between the was over US$15m, at various The internal audit reveals that ment was received from client. ed on 12 August 2011 under
audit team and Zimra officials stages of processing. At one time “there were no laid down proce- Payment to whistle-blowers was case number 01/09/12/2011.
The most recent case involved were revealing. Zimra anticipated collecting dures in the administration of on an as-and-when basis result- The case was audited and
three whistle-blowers — Nor- US$176 251 404.47 and paying the whistle-blower facility re- ing in long engagements with US$255 162.04 was established
man Nyabadza, Martin Macha- “Debt Management: This to whistle-blowers US$16 725 sulting in gross abuse.” the whistle-blower which com- to be owing and was recovered.
raga and Evans Kujinga — who stage was very vital as Zimra 140.45. Kujinga would make a promised their anonymity and An amount of US$25 552.20
had reported notorious Harare officers would view client ac- killing overnight. The findings indicate that resulted in their victimisation in was paid to the whistle-blower
land baron Felix Munyaradzi to counts and provide information in some cases client bills were some instances.” on 19 November 2012.
Zimra for tax evasion involving about the tax status of each cli- “The Zimra commissioner being reduced without basis, Insider information
US$12 million. Zimra in March ent to Kujinga such as which tax investigation played an import- resulting in loss of revenue. In Internal auditors interviewed On the second occasion,
wrote to Munyaradzi demand- heads the client was not com- ant role through ensuring con- another case, Kujinga was paid several Zimra employees in the case was reported under
ing payment or else they would plying on. stant follow up to ensure that more than what was due to him.  the debt management office, DMC P/L and case number
garnish his business accounts. cases submitted by Kujinga were including Bozhiwa, Musorah, 01/10/10/2013. This was for the
“The same debt management quickly audited, processed and The audit reveals a case which Gombera and Katiyo worked same Pay-As-You-Earn (Paye)
Munyaradzi was in March officers would also quicken the paid. Evidence on the file clearly was reported to Zimra twice by with Kujinga. They all confessed tax-head. The whistle-blower
given seven days to pay or face payments collection for clients showed that Kujinga’s cases re- two different informants using receiving money from him on was also paid.
the consequences. reported by Kujinga through ceived excessive attention from the names Diamond Mining several occasions. Wrong whistle-blower paid
constant follow up. The same the commissioner through con- Corporation and on the second The audit reveals that Pasi au-
Under the whistle-blower fa- officers would also provide in- stant follow ups. Many other instance just DMC. Pay-outs Some of the companies the thorised a payment of US$55
cility, Zimra is supposed to re- formation on which client had cases received since 2010 were were made in both instances. network dealt with includ- 909.87 on 10 September 2012
ward legitimate informants on paid and how much. This infor- never actioned,” it says. ed cases involving prominent to a whistle-blower against the
cases relating to tax evasion un- mation was crucial for follow- “A whistle-blower case was companies such as Mbada Di- advice of the commissioner in-
der Section 34B of the Revenue ing up with the commissioner. “Internal audit recommends not accepted for investigation amonds, ZTE Corporation, vestigations after Raffles Fash-
Authority Act (Chapter 23:11) This was also evidenced by the that since this information was after it was reported by the Afdis, Zimbabwe Sugar Sales, ions was reported as non-tax
as read with Statutory Instru- specific information Kujinga obtained internally and unpro- Commissioner-General and Gecko Private Limited, AE compliant. 
ment 150 of 2020. would use when doing the fol- cedurally, any further payments Commissioner investigations to Electrical Lighting, PTY Hold-
low-ups form instance knowing to the whistle-blowers should be under an audit which never ings, Zimbabwe Energy Reg- The whistle-blower report-
Statutory Instrument 150 of when Liquid Telecoms had paid be stopped. Recovery processes took place. Resultant potential ulatory Authority, Mashwede ed a case on 3 December 2009
2020, gazetted on 26 June 2020, US$150 000.00 to Zimra,” the should be instituted to recover revenue was in the region of Holdings, Cargo Carriers and through a hand-written letter,
regulates payment of rewards to audit report says. all the monies paid to the whis- US$15 million,” the report re- Postal and Telecommunications but the whistle-blower did not
informants upon whistleblow- tle-blower(s). The respective veals. Regulatory Authority of Zimba- identify himself and remained
ing and recovery of revenue. “Internal audit interviewed whistle-blower should be black bwe, among many others. anonymous. The whistle-blower
the officers involved as follows: listed from submitting any fur- “There were cases where whis- Potraz scandal did not complete the informant
The reward is 10% of the Munashe Bozhiwa – he said he ther cases. Further investiga- tle-blowers were overly frustrat- The audit reveals that in 2013, form. 
amount recovered on the basis knew Kujinga since 2014 as a tions should be carried out.” ed by some kind of red tape in Zimra’s commissioner in charge
of information supplied even tax consultant who frequently Zimra. Issues of whistle-blower of investigations Anna Mu- “The client was audited and a
corrupt Zimra officials always visited Zimra offices and also Disciplinary action should frustration: failure to investi- tombodzi rejected information final audit report was produced
manipulate that. Zimra also un- agreed that he had been receiv- also be instituted against Zimra gate reported rampant transfer provided by a whistle-blower on 14 June 2011. A total bill of
dertakes to protect the identity ing some monies from him both officers involved in providing pricing; allocating a high-pro- “because the information was US$554 576.86 prejudice was
of the informants at all times as physical cash and through tax information to outsiders for file whistle-blower case to Loss insufficient but the submitted raised for Raffles,” the audit
as provided for in the secrecy Ecocash over a long period of Control who did not have the says.
provisions of the Revenue Au- time. requisite skill…
thority Act, but it has failed and “On 13 July 2011 when
endangered whistle-blowers. “Evelyn Musorah — she One case was denied the Raffles had started making pay-
worked in debt management whistle-blower status but was ments towards settlement of
Following The NewsHawks’ section. She said she had known later allocated to Loss Control the bill with US$215 863.41
recent report, Zimra sources Kujinga since 2007, and was a having been paid, an individ-
have provided further details, family friend. She joined Zim- ual appeared and claimed that
including an audit report dating ra in 2014 and met Kujinga at he was the whistle-blower. The
five years which shows a frenzy Kurima House where he said he information submitted by the
of looting of public funds under was doing some tax consultan- client clearly indicated that it
the whistle-blower facility. cy work. Since then they have was obtained from inside the
been discussing various tax is- Company as the informant was
The audit covered the peri- sues. They exchanged various intimate with the operations of
od 2009-2016. However, the amounts of money over the pe- the company… There was no
plunder has continued unabat- riod through Ecocash, cash and connection between the whis-
ed. Millions in taxpayers’ funds bank transfers. tle-blower who submitted this
have been stolen through racket. letter initially and the claimant.
“Brian Gombera —w Since
The network works like this: 2012 he was deployed at the “On 8 September 2011 Mrs
senior Zimra officials get infor- debt management section. His Mutombodzi wrote a letter
mation from whistle-blowers duties included monitoring cli- to the Commissioner-Gener-
and then help them to consoli- ent accounts and advising them al highlighting the discrepan-
date and process their cases fast to update their records accord- cies and recommended that he
using inside information for ingly. He knew Evans Kujinga should not be paid. The Com-
a huge cut. Alternatively, and since 2004. He met him later at missioner-General however, in-
more corruptly, senior Zimra Kurima House in his capacity as structed that Chirenje should be
officials use inside information a tax consultant and would as- given the benefit of doubt and
on individuals and companies’ sist him but could not remem- be paid.”
tax returns and tax evasion to ber the names of the clients he Failure to investigate
empower their cronies to come represented. As a friend they The audit has found that some
and report cases in return for would borrow and lend various of the cases that were reported
huge payments, which they then amounts of money to each oth- by whistle-blowers were never
share. This becomes lucrative er. investigated.
fake whistle-blowing. The mon-
ey-spinning fraudulent scheme “Simbarashe Katiyo – He got
has been so lucrative that one to know Kujinga since 2007.
whistle-blower infiltrated the After joining Zimra in 2011
Zimra system, guaranteeing

Page 40 News NewsHawks

Issue 62, 24 December 2021

BERNARD MPOFU Minister entangled in process was still on and, in any
Z$400m murky tender case, how they had known the
PUBLIC Service, Labour and winner before the conclusion.
Social Welfare minister Paul at any time. You are there- Public Service, Labour and Social Welfare minister Paul Mavima. All the same, he said he was go-
Mavima and National So- fore advised to be available ing by Praz recommendations.
cial Security Authority (Nssa) at short notice.” (housing projects), Hazvinei overall. This was then forward- After that, events moved He also reminded them that
top executives are entangled Bhaureni (legal), Sifiso Mah- ed to Mapiye as NBS acting rapidly and the fight escalated, what they were doing, even as
in a murky ZW$400 million Mapiye was told to co- langu (retail banking), Jon- managing director, thus to the with meetings coming thick the sole shareholder, was illegal
(US$4.8 million) National operate with the illegal in- athan Muwanga (ICT) and accounting officer in terms and fast in quick succession. in terms of the Public Procure-
Building Society (NBS) ten- vestigation and not interfere Alfred Chaavure (finance). The of the law. Mapiye agreed the ment and Disposal of Public
der for the construction of 500 with parties involved. This meeting was chaired by Jona- report should be forwarded to On 21  April, Praz wrote, Assets Act, specifically Sec 53
housing units in Harare’s Dzi- is being done in the middle than Muwanga (ICT).  Praz for further evaluation in objecting to site visits, say- (a-b) which refers to confiden-
varesekwa suburb, The News- of the tender process, hence terms of the Public Procure- ing those were not part of the tiality around public tenders. 
Hawks have established. unlawful. It also raises ques- Tec recommended site visits ment and Disposal of Public Request For Proposals. It de-
tions as to why the minister on previous projects done by Assets Act Ch 22:23.  manded a re-evaluation with- It later turned out by “higher
The involvement of Mavima and Nssa bosses were snoop- bidders as part of due diligence. out a site visits scoresheet. The offices”, Nssa bosses meant the
– who oversees the statutory ing on the process and anx- This was done between 16-17 This was done on 24 March. letter was sent to NBS procure- minister.
pension fund which manages ious to know who would March.  Undue interference  ment manager Namatirai Mu-
over US$1 billion – and Nssa win the tender. After NBS submitted recom- tambasere and Mapiye.   On 26  April, Mapiye for-
senior officials, including gen- It then compiled technical mendations to Praz and, while mally responded to Praz saying
eral manager Arthur Manase, The dirty fight has left in (including site visits) and finan- awaiting its response, Mapi- Surprisingly, barely two to NBS was re-evaluating the ten-
casts a long shadow of cor- its trail a litany of illegalities, cial evaluation reports. Eventu- ye received a phone call from three hours after the letter was der.  Meanwhile, on 22 April,
ruption over the Dzivaresekwa mutual suspicions, under- ally it recommended that the David Makwara, Nssa director dispatched, Mapiye received the RBZ wrote a letter to NBS
Housing Project. lying currents of corruption contract be awarded to Reegul commercial services and for- a  WhatsApp  message from board chairman Kudenga, be-
and bitterness. Laws, regu- which had scored the highest mer NBS board member, ask- Nssa chief investments officer fore he was booted out, approv-
The tender has become a lations and ethics, as well as mark with 83.44%. It also had ing questions over the tender.  Isaac Isaki with an attachment ing additional board members,
tug-of-war between the minis- corporate governance tenets, the highest level of quality of of the same letter. This showed namely Munhamu Ivan Mur-
ter and Nssa on one side and have been broken with reck- units and capacity.  “Makwara claimed he was Praz was working in cahoots ambiwa, Isaki and  Itayi Walter
NBS management on the oth- less abandon and impunity. receiving complaints that the with Nssa and the minister Chirume.
er. So far the minister’s team is The other shortlisted bidders tender was not being handled whose name was later cited in
winning. The minister’s side has All the parties involved included Exodus and Compa- properly. He did not reveal the meetings and other exchanges. “In that same letter, RBZ
managed to weaken the oppos- suspect each other of being ny, Blainesworld and Nengo nature of the complaints, nei- noted the resignation of Mr
ing team by forcing out NBS motivated by corruption and Builders. After the due dili- ther did he disclose who the Isaki told Mapiye that David Makwara from the board
board chair Stanley Kudenga self-interest. gence, technical and financial complainants were,” the docu- Manase wanted an explanation with effect from 2 April 2021.
and suspending the building evaluations, Reegul won with ment says. as to why Praz had rejected the It also noted Mr Kudenga, the
society’s acting managing direc- However, Mavima and the “lowest technically com- NBS recommendation on the then chairman of the board,
tor John Mapiye.  Nssa executives’ aggressive petitive bid” scoring 83.44%. “Mapiye responded, saying winning bidder. was not independent since
interference and retribution Its financial offer was ZW$405 the tender was still under ad- Nssa holds 13% shareholding
However, this could explode against those resisting their 353 131.56. judication and no communica- Two days later, on 23 April, in Zimre Holdings where he
on their faces with disastrous actions show the stakes are tion had been made to any bid- Mapiye was summoned by is the CEO.    This therefore
consequences. high. They want their pound Blainesworld came second der or anyone for that matter, Manase for a meeting at Nssa, meant that Mr Kudenga could
of flesh. with 82.85% at ZW$285 therefore he wondered who was with Isaki and Makwara. Nssa no longer continue as NBS
Confidential documents ob- 581 271.30, Nengo third complaining and why, suggest- bosses claimed they were wor- board chairman. “Mr Kuden-
tained by The NewsHawks show Alternatively, the min- with 80.02% at ZW$390 934 ing it was insiders with vested ried about the tender as there ga subsequently resigned.  This
that those caught up in the ister and Nssa bosses want 160.30 and Exodus fourth with personal interests, not bidders were “corruption allegations letter was also copied to Mr
messy fight include the minis- the company that won the 60.30% at 758 324 121.73. or professionals.” coming from higher offices”.  Arthur Manase, something un-
ter, Nssa, NBS, Procurement tender to remain in the deal usual when RBZ writes letters
Regulatory Authority of Zim- and then bring in another The evaluation report said Mapiye asked who was to shareholders of banks,” doc-
babwe (Praz) and the Reserve participant as a smokescreen Reegul offered the best deal complaining since the tender uments say.
Bank of Zimbabwe (RBZ).  to justify involving their own A litany of illegalities 
preferred bidder. After Kudenga was forced out,
Nssa owns NBS 100%, The story so far things more dramatic and got
hence its involvement in the Documents obtained by The worse.  
building society’s affairs. NBS NewsHawks  from Praz and
is managing the tender process. other deep sources are re- On 27 April, Nssa descend-
vealing.  ed on NBS, demanding an
The RBZ is only involved as immediate audit - another il-
a banking sector regulator. Praz NBS’s procurement de- legality. Legally, NBS only has
monitors the application of rel- partment flighted a tender internal and external auditors,
evant laws, regulations, policies in the government gazette not arbitrary and ambush audi-
and procedures to ensure trans- and  The Herald  on 22 Jan- tors. Nssa auditors had a letter
parency and accountability in uary. The tender was due to from Manase. Mapiye respond-
public procurement, although close on 23 February.  ed to it, saying he was not will-
in this case its role is dubious. ing to cooperate with an illegal
All prospective bidders process, even if it was demand-
Already, the brutal tender were invited for a site visit ed by the shareholder.
battle has claimed the scalp of on 5 February to assess the
Mapiye and Kudenga. Mapiye scope of work to be done. Manase reacted via email
was on 21 May suspended for After the tender closed, to Kudenga, before he was
a month without any wrong- bids were opened on 1 removed, saying: “The Hon-
doing. Sources say the action is March    and opening results ourable Minister (Mavima) re-
illegal. were shared with bidders.  ceived a number of complaints
with respect to how this tender
In a letter dated 21 May, A preliminary evaluation was handled and has mandated
NBS new board chair Shin- was undertaken by NBS’s Nssa to carry out an in-depth
gai Mutumbwa, who replaced Procurement Management enquiry into the same.” 
Kudenga, vaguely says Mapiye Unit (PMU) and compli-
– who was resisting interfer- ance checks were conducted. Now the cat was out of the
ence by Nssa – should go home NBS’s Tender Evaluation bag.  Mavima was the com-
for a month to facilitate inves- Committee (Tec) was in- plainant and Nssa was carry-
tigations into the procurement vited to carry out a detailed ing out his orders. They had
process, but claims he is not on evaluation on 12 March.  their preferred bidder – Nengo
suspension.  Builders.
NBS’s Tec comprises:
This is meant to cover their Namatirai Mutambasere Kudenga responded, saying
tracks on the illegal move, (PMU), Tinashe Dani that the request for an audit
which they call “paid leave”. (PMU), Natasha Chikoti should be directed to the NBS
(PMU), Raymond Mude- board audit committee and
“As you are aware the board hwe (Housing Projects), must comply with the board
is seized with investigations Desire Mupande (housing audit charter. 
into the procurement processes projects), Belinda Mavela
connected with the Dzivarese- On the 29  April, Mapiye
kwa Housing Project,” Mu- noted that two days earlier, on
tumbwa writes. “In order to fa- 27  April, the Nssa audit team
cilitate this process, it has been had summoned NBS Tec staff,
resolved that you go on 30 days seized their computers, as well
paid leave with effect from 22
May 2021 to 22 June 2021. To next page...
You are not on suspension and
you may be called back to work

NewsHawks News Page 41

Issue 62, 24 December 2021

Crystal meth drug destroys urban youths

NYASHA CHINGONO/
BERNARD MPOFU

WHILE Zimbabwe, like many Rutendo and Pelagia take turns to puff away at the crystal meth from a florescent pipe.
countries the world over, is
concentrating on fighting the that mother could have a life Tamar (20) is undergoing rehab after four years of drug abuse. Rutendo recounts her or- A crystal meth addict him-
Covid-19 pandemic, an equal- of her own,” Tamar said.  deal with drugs.  self, Shezby runs a drug base
ly deadly but silent pandemic drug-related illnesses, with a fix.  where dozens of youths from
is on the prowl, causing un- “My brother is also mental- crystal meth claiming many Shezby (30) is holding a cig- “I started drugs in 2015. Chitungwiza and other town-
told suffering to families while ly ill. This was so much pres- young lives. It was an experimental urge ships buy illicit substances. 
threatening an entire genera- sure for me to handle and I arette lighter and a fluorescent with mbanje and Bronclear, I
tion. thought life had ended when Already condemned to a life pipe as Pelagia (19) puffs the then moved to smoking crystal He has introduced several
my brother was admitted to of poverty due to Zimbabwe’s intoxicating smoke.  meth, the ghetto youths call it youths to the drug and preys
The abuse of crystal meth hospital. economic problems, youths mutoriro. To get the drug, I on their addiction for profit. 
and other deadly substances are trapped in a growing Taking turns to puff from barter trade food, clothes, or
has become so rampant among “I started smoking weed drug problem that has caused the fluorescent tube with her shoes because I do not have A gramme of crystal meth
youths across the country’s and drinking Bronclear. I deep-seated social problems.  friend Rutendo (18), the two money often,” Rutendo who is costs US$12, an amount be-
townships, driving mental ill- ended up experimenting with narrate their drug problems.  also a school dropout, tells The yond the reach of most un-
ness, violence and premature crystal meth, I took it as an Across the road is Shezby’s NewsHawks.  employed youths, who often
deaths, among other prob- adventure, but I did not know drug base and two teenage Offering sexual favours for engage in petty crime to fund
lems. that I would end up getting girls are profusely begging for a fix is common among young “Sometimes I even have their insatiable appetite for the
addicted to this drug,” Tamar girls.   sexual intercourse with any of drug. 
The NewsHawks followed explained her ordeal with crys- the boys in the base. I just do
the illegal substances trail in tal meth.  whatever is possible to get the Some even steal home ap-
Harare’s townships, where drug. At home I always lie so pliances for sale, creating irrec-
grimy drug houses known as Tamar blames her parents’ that I can spend time at the oncilable rifts between parents
bases (mabhesi) have become divorce for her drug problem base.”  and their children. 
havens of dangerous narcotics as she felt unwanted. 
like crystal meth.  Abuse of female users is Visibly intoxicated, puffy
Struggling with anxiety and rampant at these bases, Pelagia eyed and drooling on the
Known scientifically as depression, the only escape says.  cracked floor, Shezby recounts
methamphetamine, crystal was drugs. The illicit substanc- his encounter with a crystal
meth is a highly addictive es help her forget her prob- “These bases are not safe be- meth user that got him addict-
stimulant and users love the lems, she says.  cause there are what they can ed. 
drug for its powerful euphor- gunvosters (thugs), those guys
ic qualities. Addictive on first “I blame my parents for let- are cruel. They can take your “I started doing drugs soon
smoke, the drug has become a ting me move out when I was possessions and threat to kill after high school, when I
crippling vice for the country’s only 16. I felt rejected and un- you. Some even demand sex,” joined the kombi business as a
youths who take the illegal wanted,” she said.  Pelagia said.  tout. I started abusing mban-
substance to escape from daily je (marijuana), cigarettes and
troubles.  As consumption of illicit “Girls are being abused in cough syrup. I was introduced
drugs has risen, the mental these bases. by a friend who was coming
Also known as mutoriro, health of addicts has taken a from South Africa. He gave
dombo, buwe, guka makafela severe battering. Six out of 10 They are sexually assaulted everyone. He told us that the
in street lingo, the infamous patients admitted to mental but most of them do not even drug would give us energy and
drug has destroyed lives across institutions suffer drug-related report for fear of victimisa- then he became my supplier,”
the country’s townships.  issues. About 30% are hooked tion.”  Shezby said. 
on drugs in Zimbabwe, ac- Drug peddlers
Inside a dark room in cording to narcotic experts.  Girls like Rutendo and Pelagia Now one of the most re-
Chitungwiza’s St Mary’s sub- keep Shezby’s business afloat.  vered drug peddlers in his
urb, Tamar (20) is holding a But the destruction of community, Shezby says
florescent pipe as her friend young people and families has Shezby, a former commuter youths can do anything for a
applies heat from a cigarette not prompted any decisive ac- minibus tout, says the drug fix. 
lighter.  tion from the government. business is very lucrative, rak-
ing in hundreds of dollars dai- “Sometimes they bring
She puffs the cloud-like In Mbare, one of the coun- ly.  clothes, phones or anything
smoke out of the pipe and gaz- try’s oldest townships, at least to trade so that they get a fix.
es into the roof, while exhaling 10 young people die daily of
the toxic smoke. 

In ecstasy, Tamar smiles
as her friend also takes a puff
from the burning liquid. 

Tamar, who got hooked
onto drugs at the tender age
of 16, has experimented with
many dangerous substances,
but seems stuck on crystal
meth. 

She can do anything for a
fix and is often used by drug
dealers to attract male custom-
ers. 

“Drug dealers use me to
attract customers. They like
my beauty and attractive ap-
pearance. As you see, I am a
beautiful girl,” Tamar tells The
NewsHawks with a chuckle. 

But beneath the beauty, fair
looks, and pretty smile, is a
troubled soul. 

Tamar was forced to stay
alone after her mother remar-
ried following their divorce
with his father nearly five years
ago. 

Haunted by a troubled past,
Tamar found solace in drugs. 

“I started indulging in
drugs in 2016. My mum had
left my dad and remarried. I
just decided to walk away so

Page 42 News NewsHawks

Issue 62, 24 December 2021

Others risk trading their par- Facts about crystal meth: executive director Wilson Box
ents’ property just to get a fix. said: “We need our young ones
Others who do shoplifting • Crystal meth is a highly addictive, illegal stimulant last for up to 12 hours. This is a much longer dura- to come out in the open to say,
bring groceries. Most of these drug that has a long-lasting euphoric effect; tion than cocaine, a drug with similar effects; I need assistance.”
drug addicts hustle for a liv- • Crystal meth can also severely affect the structure Mental health and rehab
ing,” he said.  • The drug is known informally as meth, ice, or and function of brain areas linked to emotion and According to the ministry of
glass among the affluent users in Zimbabwe as it memory; Health, six out of 10 patients
Girls have become his most resembles shiny “rocks” or fragments of glass of • Some brain changes that occur remain long after admitted to Zimbabwe’s men-
regular customers, while boys varying sizes. It is known more formally as crystal the user has stopped taking the drug. Some may tal health institutions have
as young as 14 have also joined methamphetamine; reverse after long periods of abstinence, but this drug-related problems.
the ruinous train of illicit drug could take a year or more;
abuse.  • In townships it is known as mutoriro/guka makafe- According to the latest Zim-
la/dombo (loose translation for stone); Repeated use can have some psychological effects. babwe National Drug Master
“During the first days, we These include: Plan, the government has ad-
used to have men only at these • The drug is an odourless, colourless form of • anxiety, irritability and aggressive or violent be- opted both an integrated and
bases, but girls are now a per- d-methamphetamine, a synthetic psychostimulant; comprehensive approach that
manent feature. You find all haviour; will address a range of drug-re-
age groups at bases,” he said.  • Light bulbs are one of the most common acces- • alertness and increased concentration; lated issues. 
Source of the drugs and po- sories used in the consumption of the drug. It can • hyperactivity and insomnia;
lice involvement also be smoked in pipes, snorted, injected, swal- • increased energy, libido, self-esteem, confidence, These include illicit and
According Shezby, the illicit lowed, or ingested rectally; licit drugs. Critics however
drug is trafficked by enterpris- and sociability; doubt that most targets will be
ing truck drivers, hidden in • It increases dopamine production in the brain and • delusions of grandeur with a sensation of power achieved.
new television sets, refriger- has similar effects to cocaine;
ators, and other home appli- and invincibility; “Currently, approximately
ances, through the country’s • Long-term use can lead to verbal problems and • hallucinations and paranoia; 60% of patients admitted in
porous borders.  impaired motor skills; • psychomotor agitation and compulsive skin pick- mental health institutions suf-
fer due to drug-related prob-
“These drugs are coming • Crystal meth is popular among young adults at ing, leading to skin sores and lems,” reads the report in part.
from South Africa, but I have dance clubs and parties. It is taken for its euphoric • repetitive and obsessive behaviours
never been to the border. They effects; “Due to the socio-economic
come stashed in TVs, refriger- situation, Zimbabwe is facing
ators, even in flasks,” Shezby • Some people prefer crystal meth to other illicit increasing cases of depression,
said.  drugs because the sense of euphoria it gives can trauma and stress which has
led to the increase in drug use.
Immigrations officials have happen to the young people Hence as a nation there is need
been accused of being com- abusing these substances? That to have a concerted effort to
plicit in drug trafficking by al- is one fundamental issue that address this menace. Excessive
lowing illegal contraband into needs thorough interrogation. use of alcohol and drugs dam-
the country.  These children need help,” age the health of users and is
Masarisa said.  linked to rises in addiction and
Shezby also has become non-communicable diseases
friends with several “corrupt” The country’s porous bor- including HIV and Aids, can-
police officers, offering mon- ders remain a weak link in the cer, heart diseases, psychologi-
etary favours in exchange for fight on drug abuse in Zimba- cal disorders and an increase in
protection and tip offs when- bwe.  road traffic accidents.”
ever there is a blitz to catch
drug peddlers.   Effects of mutoriro Shebzy smoking crystal meth inside his room in Chitungwiza. Box urged the government
Excessive use of crystal meth to build more public rehabil-
“I have been arrested several leads to several side effects Experts have warned that nomic opportunities.  successive droughts and, itation centres as the private
times, but they release me. I that include increased atten- crime may increase due to “I need to stop this habit of more recently, the outbreak of facilities are expensive. 
eventually became friends with tion, higher levels of activity, drug abuse.  Covid-19 have worsened eco-
them, they always pass by get- decreased appetite, reduced We need help drugs and work for my own nomic situation, resulting in “Unfortunately, Zimbabwe
ting money for drinks. They fatigue, a feeling of power and For 18-year-old Rutendo, life money. That is the help I re- massive job cuts.  does not have public rehabili-
tip me off whenever there is a euphoria. took a nasty turn after she got quire for now,” Tamar said.  tation centres. It has private re-
police officer,” Shezby said.  hooked to crystal meth. She Drug abuse has been habilitation centres which are
Other side effects include pleads for help.  16-year-old Tamuka ad- blamed largely on idleness and expensive, beyond the reach of
Although the Zimbabwean irregular heartbeat, high blood mitted he needed help as his lack of economic opportuni- most of the affected people,”
police reported that 93 drug pressure and dry mouth. Her hollow cry for help has addiction had affected his rela- ties for youths in the town- Box said.  Organisations like
peddlers were arrested and often met no corresponding tionship with his mother.  ships. Experts have warned Mubatirapamwe Trust identify
drugs worth ZW$8.2 million Rutendo is visibly emaciat- action, as her inner circle of that Zimbabwe risks losing a victims, provide counselling
recovered, the drug problem is ed, does not eat often and has friends is also hooked onto the His ill mother is due for an generation to substance abuse.  services and rehabilitation. 
far from over.  not slept for two days.  drug.  operation and he promised to
change if the procedure is suc- Mega Jani, a Zimdancehall “We have 20 calls daily from
The drug peddlers are often Due to excessive use of the She often relapses into the cessful.  artiste from Chitungwiza, who affected people and parents
released on bail and left to op- drug, Rutendo hardly has ap- ruinous habit due to peer pres- is also battling with crystal needing help. We have been
erate. petite and spends most of her sure.  Rutendo says idleness “I really want to do better in meth addiction, said due to a concentrating on counselling
time at the drug base.  is a major driver of drug use life. I desperately need help. I lack of economic opportuni- and awareness campaigns on
The police have been ac- among the youths.  do not know if my mother will ties, ghetto youths have found the dangers of using the drug.
cused of working in cahoots Youths who abuse crystal make it after this operation, solace in illicit drugs and mu- We are trying to help the af-
with drug peddlers, while the meth also suffer from halluci- “I need something to do so but I promise to change. I sic.  fected get into the hospital so
arrests are largely seen as a nations and paranoia, known that I keep busy. I really want need to go back to school and that they can get a detox and
smokescreen to hoodwink the as “kutsomwa” or “kuteerwa” to stop this. At least if I go to finish school,” Tamuka said.  “Nothing else is earning us places where they can be reha-
public.  in street lingo.  work, I will come back tired, money in the ghetto. We hus- bilitated,” Kiri Madamombe
and I will not have time to go With no prospects of em- tle, and some peddle drugs,” told The NewsHawks. 
The Criminal Investiga- “If you take an overdose to the drug base. I also want to ployment due to unrelenting Jani said. 
tion Department’s drugs and of the drug, you will end up get an opportunity to rewrite economic problems, youths As the battle against crystal
narcotics section in April with irregular sleeping habits. my O Levels,” Rutendo said.  in the townships have turned Jani, who was introduced to meth rages on, citizens are or-
launched the “No to Crystal You will end up behaving like to drug abuse to evade daily crystal meth by fellow artistes, ganising action groups to raise
Meth” operation following a a crazy person. You will start Tamar admitted that she hardships. says peer pressure is one of the awareness and engage the rele-
public outcry over rampant getting hallucinations and needed help to stop the sub- major factors fuelling the drug vant authorities. 
drug use. Over 200 drug ped- paranoia, it is not a good feel- stance abuse, adding there is Zimbabwe has nearly 90% problem. 
dlers were arrested but none ing,” Rutendo said.  need to assist addicts with eco- formal unemployment and But until the battle is won,
prosecuted.  youths constitute the bulk of Zimbabwe Civil Liberties it is apparent that drug abuse
Crystal meth users feel in- the jobless in the country. and Drugs Network Projects is a societal cancer threatening
Despite, the commendable vincible and end up commit- an entire generation and re-
stance to deal with the drug ting dangerous crimes, like Years of bad governance, quiring urgent attention. 
problem, a more wholistic murder. 
approach to dealing with sub- My friend influenced me to
stance abuse is urgently need- “This drug just gives me get into drugs. I am a dancehall
ed, according to Linda Ma- confidence and drive to do artist and I was introduced to
sarira, a politician and affected anything, but most of the the drug by my friends while
parent.  things are bad. I do not want we were working overnight in
to lie; addicts do crazy things. the studio.
“What we really need is a A man was stabbed 15 times
serious effort from our min- over a straw used to smoke This drugs helps us to keep
istry of Health to ensure that mutoriro,” Tamar said.  awake at night while recording
they set up proper rehabilita- music. Nothing else is making
tion centres. It is one thing to A Kuwadzana man was money in the ghetto, we hustle
deal with the drug peddlers jailed in March after he elec- and peddle drugs.
and pushers, but what will trocuted his friend to death.
The two friends were high af-
ter smoking crystal meth. 

NewsHawks News Page 43

Issue 62, 24 December 2021

Bigwigs loot cyclone aid: Mildred Chiri

CHIPA GONDITII Displaced people in Manicaland forced to move around by Cyclone Idai. Pic Auntony ZinyangeAFP. ing funds directly from Trea-
sury or CPU head office,” she
PRESIDENT Emmerson recently flew to Harare to de- The funds were donated lining the specific use of the Manicaland and Masvingo says. 
Mnangagwa’s government liver some of donations which through the National Disas- funds by the Ministry of Local Provinces as there were no
failed to transparently disburse had been promised. ter Fund in the Ministry of Government, Public Works detailed dispatch documents “This prolonged the pro-
and account for US$4.5 mil- Finance. and and receiving registers for au- cesses as the procurement
lion in donations, with only South Africa delivered more dit trail. Only a list of donated process would be done, for
less than 1% of the funds than 5 000 tonnes of maize. “I noted with concern that National Housing had been items was submitted for au- instance at Public Works then
being used for their intended Pandor handed over the con- there was inadequate coordi- lodged at the Ministry of Fi- dit,” Chiri says. goes to MoPSE (Ministry of
purpose while people died in signment to victims of Cy- nation and liaison between the nance.” Primary and Secondary Edu-
the midst of the devastating clone Idai. She said the out- ministries of Local Govern- “Furthermore, there were cation)/Health for authorisa-
Cyclone Idai in 2019, an offi- break of the Covid-19 delayed ment, Public Works and Na- As of 17 July 2019 - four no full descriptions of items tion before it can be processed
cial audit has revealed. the delivery, which will now to tional Housing and Finance months after the cyclone – such as the quantities or units at the PDC office.
be completed by September. and Economic Development, only less than 1% of the do- received in order to determine
This happened at thousands resulting in the slow release of nated funds had been utilised the total quantities/volumes. “From interviews with
of ordinary and poor people’s South Africa, through the donated funds. The financial for relief. sub-committees there was
greatest hour of need. African Renaissance and Inter- assistance that was received “I was therefore not able to no communication between
national Cooperation Fund, through the Ministry of Fi- This raised questions on match the items received and the PCPC and respective
At a time when people’s pledged R50 million in hu- nance and Economic Devel- where the other money was dispatched to the districts and sub-committees on what was
lives had been disrupted be- manitarian support. The assis- opment was ZW$1 972 758, and whether it would be used from the districts to the distri- released and how much the
yond measure and the cyclone tance consists 450 000 bags of USD 3 033 449 and 20 000 for the intended purposes. bution centres and beneficia- departments had expended.
death toll was fast rising, gov- 12,5kg maize meal earmarked 000 Rands (US$1 420 571 at ries.” For instance, the Provincial In-
ernment was unwilling or un- for distribution to victims of the time),” Chiri says in the Out of the US$3 033 449 formation Office Manicaland
able to use the money for its the cyclone. audit report. donated by well-wishers, who As a result, Chiri observes had been allocated RTGS$460
intended purpose and distrib- included companies and indi- “accountability and transpar- 000 on July 10 2019, however
ute relief, raising questions of However, President Cyril “For example, Manicaland viduals both in Zimbabwe and ency was compromised”. This as at August 30 2019 they had
competency and corruption. Ramaphosa’s government offi- Province was in need of abroad, only US$261 188 or means she was unable to trace not accessed the funds.”
cials told The NewHawks they RTGS$15 000 000 as reflect- 0.08% had been used. the donations. In other words,
Donated goods were also feared the donations could be ed in their report dated June government was unable to ac- Chiri’s report further reveals
not being distributed with the stolen, worries similarly shared 3, 2019. As at August 30, A total of R20 000 000 count for the aid. gross  mismanagement of do-
required urgency and efficien- by many Zimbabweans. 2019 they had received only was donated, but as of 17 July nations, with goods exceeding
cy. RTGS$5 160 000 through 2019, nothing had been used, The damning report further 30 tonnes allowed go to waste
People’s worst fears have CPU (Civil Protection Unit) meaning 0% delivery. highlights that the channel- despite the urgent need for
This led to under-utilisa- now been confirmed by a Head office giving a total of ling of funds on to relevant foodstuffs by starving commu-
tion, misuse or simply looting special audit report by Audi- RTGS$9 542 090 received From ZW$1 793 395, only authorities for relief activities nities.
of the donations. To dramatise tor-General Mildred Chiri on for Cyclone Idai activities. ZW179 363 or 0.09% of it was chaotic and hampered
government’s ineptitude and the Disaster Preparedness and Also, interviews with various was used. by excessive red tape as some “During a stock count ex-
gross mismanagement, some Distribution of Cyclone Idai sub-committees reflected that departments were getting al- ercise on September 14, 2019,
of the goods expired or were Donations in Manicaland and financial challenges were a ma- “The objective for which located funds more than a I observed that a total of 33
left to rot while people went Masvingo Provinces tabled in jor hindrance to the progress the funds were donated may month after requisition. 403kg of goods at Machongwe
hungry and were exposed to parliament recently. of works  not be achieved,” Chiri says. Forward Distribution Centre
harsh weather conditions. “I noted with concern the had expired. Furthermore, the
The audit reveals reluc- in their departments.  The Auditor-General also movement of funds between food items were exposed to
Revelations of government’s tant to use the money for its “Funds under the National observed that “no proper re- Treasury, CPU (Civil Pro- high levels of moisture as they
horrific accountability and intended purpose, abuse of Disaster Fund created to re- cords for relief items received tection Unit) and the im- were stored on the floor with-
transparency failures – which goods, fuel and failure to ac- ceive donations for Cyclone and disbursed were main- plementing  agencies. Firstly, out pallets. The goods expired
reflect deep-seated and un- count for donations as well as Idai had not been utilised as at tained” from the time they left there was no clear understand- while in stock,” she says.
derlying structural governance criminal lethargy on the part July 17, 2019. I could not as- Manyame Air Force Base to ing amongst the Provincial
problems – point to gross in- of the government, resulting certain whether requests out- the affected provinces, raising Civil Protection Committee “On the other hand, Chi-
competence, abuse or looting in some goods expiring or rot- the risk that donations “may (PCPC) why some imple- pinge District Civil Protec-
of donations at a time people ting. be misappropriated”. menting agencies were receiv- tion Committee also received
were dying from the devastat- expired food items from the
ing weather impact. “There was no uniformity province which they later de-
in accounting for donations stroyed on August 21 2019. I
Cyclone Idai struck Zimba- from Manyame Airbase to was concerned that the relief
bwe in March 2019, leaving in items expired, whilst in the
its wake a trail of devastation, warehouse before being dis-
death and mayhem in the east- tributed to the affected peo-
ern highlands, particularly in ple. It was also revealed from
Chimanimani and Chipinge. interviews held at the camps
that beneficiaries had received
At least 347 people were expired mealie meal and flour
killed, while 344 others went on various occasions.”
missing. More than 50 000
were left homeless. Chiri also sheds light on
irregularities, including the
The cyclone ravaged abuse and possible looting of
through Southern Africa kill- fuel.
ing over 1 000 people in Zim-
babwe, Mozambique, and Ma- “From the analysis of in-
lawi. Hundreds of thousands formation provided, some ve-
were displaced. hicles travelled as low as 1.3
kilometres with a litre of fuel.
As a result, Mnangagwa de- In addition, some drivers did
clared the cyclone a national not indicate the fuel drawn on
disaster on 15 March 2019. their log sheets, hence I could
Government and donors im- not determine the fuel con-
mediately swung into action sumed by those vehicles.
with various rescue missions
to mitigate disruption of lives “Also, requests for diesel
and suffering. amounting to 2 191 litres were
issued from the Manicaland
However, there were sub- Provincial Development Co-
sequent stories and concerns ordinator’s office authorising
that the aid was being politi- various vehicles to draw fuel
cised, diverted and looted by from CMED (Central Me-
corrupt ruling Zanu PF and chanical Equipment Depart-
government officials always ment), without information
hunting to make political cap- such as estimated mileage
ital even on dead bodies. that the vehicle was supposed
to travel, vehicle registration
These grave concerns were number, destination and re-
also recently shared privately quest number,” her report says.
by South African government
officials after International re-
lations minister Naledi Pandor

Page 44 News NewsHawks

Issue 62, 24 December 2021

CIO boss behind Malunga farm grab

OWEN GAGARE A section of Malunga’s Esidakeni Farm. Hopkins University in the
United States (2004), Rocke-
A TOP Zimbabwean Cen- tell us that the Zim(babwean) quired by government almost Waramba as a going dairy con- by Kershelmar which, in turn, feller Foundation pre-doctoral
tral Intelligence Organisation govt (government) has acquired two decades before”. cern, but retained land owner- is controlled by Malunga, fellowship (1995 to 1998),
(CIO) director and senior rul- our privately-owned farm and Provincial minister Moyo ship. Dhlamini and Moyo. This is post-doctoral research fellow-
ing Zanu PF officials in Ma- tomorrow they are coming to was quoted by state media as contrary to the authorities’ ship at the University of Not-
tabeleland North province are peg it, and give it to people saying the government does Waramba ran the dairy proj- claim that the three investors tingham, and post-doctoral sci-
behind the illegal seizure of a they have allocated it to. This not remove black farmers from ect, which he had acquired bought Keshelmar without the entist at DuPont Incorporated
farm belonging to a local inter- isn’t about land reform and we farms if they do not own land from Swindells, without buying farm, when in fact the prop- in the United States.
national human rights lawyer will fight it in every way.” elsewhere. the farm itself. Besides thinking erty is even officially referred
and a consortium he works “The farm in question be- that it was owned by Waramba, in the government gazette to He was awarded support
with on the highly productive One of the owners, Dhlami- longed to a white farmer by the the other reason government as Kershelmar Farms (Private) from the UK-South Africa Sci-
property in Nyamandlovu. ni, National University of Sci- name of Swindells. When gov- did not take over the farm Limited. ence and Technology Research
ence and Technology Applied ernment compulsorily acquired is that it was a dairy project. Fund in 1997. His interests
Investigations by The News- Genetics Testing Centre direc- land in the 2000s, we did not Dairy farms were spared from This shows that the farm is extend to current affairs and
Hawks, which involved talking tor, was a lecturer at the Uni- immediately resettle people compulsory acquisition.  inextricably linked to the com- military strategy.
to farm workers and Lands versity of Zimbabwe. He also because there was a black man pany.
ministry officials as well as worked for the Food and Agri- by the name Eddie Warambwa “Waramba ran the dairy Mazithulela was born in
searching the deeds and com- culture Organisation in Rome, who claimed to have bought project successfully until he Official sources say Mazith- 1971 and did secondary ed-
panies registry, show CIO Italy, and for the International the farm from the white man,” went bankrupt from other ulela, a distinguished top ucation in Bulawayo. He was
co-deputy director-general Atomic Energy Agency as a Moyo told state media.  businesses, particularly Lybon scientist and former Nation- among the 270 pioneers at
Gatsha Mazithulela, Zanu PF consultant in Vienna, Austria. “It was only after his death Investments. His creditors al University of Science and Nust in 1991.
secretary for administration that we realised that he was a ostensibly judicially attached Technology pro-vice-chancel-
Obert Mpofu and Matabele- Dhlamini was among front- front of the white man and equipment and other proper- lor (innovation and business He graduated with a Bache-
land North provincial minister line workers in Bulawayo lead- measures were taken to re- ties, as well as the farm itself,” development), has been vig- lor of Applied Science (Hons)
of state Richard Moyo are be- ing the battle on Covid-19.  possess the land. There is no an informed source said. orously pushing for the farm in biology and biochemistry in
hind the orchestrated political victimisation here. Maybe seizure for political reasons. He 1994. He received a scholar-
plot to grab Kershelmar Farms Moyo is a businessman who Mr Malunga and his partners “As a result, creditors tried wanted to use the farm issue as ship from the President’s Office
(Private) Limited from its legal also has interests in mining. bought assets on the farm, but to sell the farm at an auction leverage and a gagging instru- – under which the CIO falls
owners who are indigenous certainly not the land as it be- believing it was his. The auc- ment against Malunga, a strong - and later a Rockefeller Foun-
Zimbabweans. The three raised funds and longs to government. We are tion and the property were governance, accountability and dation doctoral scholarship to
pulled other resources together in the process of allocating the advertised in the government anti-corruption advocate. study genetic engineering at
The farm, generally known to invest in agriculture. land and those who were on gazette. But it later emerged the John Innes Centre in the
as Esidakeni, is owned by inter- the farm will benefit just as any that Waramba did not own Mazithulela, who was United Kingdom.
national human rights lawyer However, in a notice of ac- other Zimbabwean if they do the farm, as Kershelmar, under awarded a scholarship by the
Siphosami Malunga – Open quisition of the farm under not have another piece of land which it is registered, was still President’s Office, which ex- Mazithulela graduated with
Society of Southern Africa section 72 (2) of the constitu- elsewhere.” controlled by Swindells. plains why he eventually for- a PhD in genetic engineering at
(Osisa) executive director and tion (General Notice 3042 of Investigations show that the mally joined CIO, is currently the age of 27 and worked in the
the son of prominent national- 2020), Lands minister Anxious government story is misleading “Malunga, Dhlamini and the chairperson of the Nation- US and the UK. He obtained
ist Sydney Malunga – and his Masuka said this week the state and untrue. The facts: the farm Moyo initially tried to buy al Authority of the Chemical an MBA in London.
business partners Zephaniah was expropriating the land with was not designated by govern- the farm at the auction, but Weapons Convention, Zimba-
Dhlamini and Charles Moyo. immediate effect. The notice is ment, let alone acquired to start after some due diligence they bwe Chapter. He also created his own piece
dated 18 December 2020. with. By its own admission, the realised it was not owned by of history by becoming the
Malunga senior was a Zapu government believed it was Waramba, but Kershelmar. Besides, Mazithulela is a se- first Nust graduate to obtain a
stalwart and outspoken MP. Government claims it des- owned by Waramba, a black They then traced the own- nior business executive with PhD in 1998 after accepting a
He died in a mysterious road ignated and compulsorily ac- farmer, hence it was not taken.   er, negotiated with him and years of strategy and board-lev- challenge from the institution’s
accident in 1994 and is buried quired the farm in 2004 under Information gathered then bought Kershelmar and el experience in diverse high founding vice-chancellor, the
at the National Heroes’ Acre in the often violent and chaotic shows the farm was owned by its properties, including the technology industrial research late professor Phineas Makhu-
Harare. land reform programme which white farmer Jeffrey Swindells farm. That is why the Deeds environments, including large- rane.
started in 2000. through Kershelmar (Pvt) Ltd. and Companies registry reflects scale nuclear, chemical and bio-
The farm measures slightly Swindells then rented it out to Malunga, Dhlamini and Moyo technology energy industries.  Further, he holds an MBA in
over 550 hectares. It says Malunga and his part- ownership of the farm.” the valuation of new technolo-
ners later “bought a shadowy Listed among his achieve- gies using real options in finan-
In terms of the law, the company that claimed to own In its 18 December 2020 ments are the Fogarty Aids cial mathematics.
government cannot seize land the farm” – meaning Kershel- notice to acquire the farm, International Training and
from local black people. There mar – “but did not have exclu- government admits it is owned Research Scholarship at Johns He has served as an innova-
is a High Court judgement on sive ownership of the land in tion manager for the Council
that legal position obtained by question since it had been ac- for Scientific and Industrial
Advocate Thabani Mpofu. Research’s Biochemtek divi-
sion, director of the South Af-
The CIO boss is spearhead- rican Aids Vaccine Initiative at
ing the farm seizure in a clear the South African Medical Re-
case of abuse of office. search Council and managing
director of Secure Plan Invest-
“Mazithulela has made it ment Limited in the UK.
clear that he has an interest in
grabbing the farm. He told Si- The Zimbabwean technocrat
pho (Malunga) sometime last served as a board member for
year that government will seize the Cape Biotechnology Trust,
the property because he is criti- Anvir Biopharmaceticals (Pty)
cal of government,” a worker at Ltd and chairperson of Eleva-
the farm said. tion Biotechnology (Pty) Ltd.

“Mpofu has also been here He also served as National
to the farm. So we have been Research Foundation of South
under siege from Mazithulela Africa vice-president, Nucle-
and Zanu PF leaders in this ar Technology Products (Pty)
region. This is clearly political. Limited, at the South African
It has nothing to do with land Nuclear Energy Corporation
reform.”  corporate development consul-
tant.
Malunga, an outspoken gov-
ernment critic like his father However, Mazithulela left
was, worked around the world South Africa under a cloud of
for the United Nations at its controversy. When he returned
New York headquarters, Oslo home, he became one of the
in Norway, Afghanistan, South successful farmers in Matabele-
East Asia, especially in Timor, land region. This shows he does
and Johannesburg, South Af- not need to seize Malunga’s
rica.  farm for agricultural reasons,
but for political agendas.
He is now with Osisa in Jo-
hannesburg where he has do- Before joining the CIO,
nated medicines and medical Mazithulela worked for the
equipment to Zimbabwe to government as principal direc-
fight the Covid-19 pandemic. tor in the then senior minister
Simon Khaya Moyo’s office
Although Malunga was not when he was also Zanu PF
available for comment, he post- chair.
ed on social media earlier in the
week, saying: “Today we re- He was also appointed Bu-
ceived a call from Mr Dodzi at lawayo special councillor after
the land office in Bulawayo to losing Zanu PF primaries in
Bulawayo.

NewsHawks News Page 45

Issue 62, 24 December 2021

New wave of
land seizures
from vulnerable
black farmers

NYASHA CHINGONO/ many convinced he is still from the land.   due process, Chief Jahana of land as chiefs for economic Rural Zimbabwean black farmers.
BRIDGET MANANAVIRE walking on his mentor, the “Somebody instrumenta- Insiza in Matabeleland South devolution which you pro-
late former president Robert reminded the President of claimed since all mining amond giant De Beers in the
THE arbitrary removal of in- Mugabe’s ruinous path.  lises that and says, hey you how he had condemned the EPOs where given to Harare 1950s which connects to the
digenous black farmers from know what, the government mortgaging of land for miner- guys and considering prece- Beitbridge and Musina gem
communal and commercial Oxford-trained Zimbabwe- is unhappy with you, you’re al wealth.  dence Mining EPQ have over precincts. 
land around the country - an academic Dr Phillan Zam- talking too much, you are any activity in that area or
in a wave of new disruptive chiya, senior researcher at the over-criticising them. This or- “In your November 24, land,” Mafu, a fearless chief Former cabinet minister
state-sponsored farm seizures Institute for Poverty, Land and ganisation that you lead, you 2017 acceptance speech as who fought colonial authori- Jonathan Moyo said: “If you
- has brought into question Agrarian Studies (PLAAS) at are a serious regime change President of the Second Re- ties, said. look at the case of Chilonga, it
President Emmerson Mnan- the University of the Western agent. Then you are told the public, you condemned the is powerful individuals work-
gagwa’s seriousness in pro- Cape, and others, have done government is going to take mortgaging of Zimbabweans “Grabbing of prime ag- ing with cartels elevating it to
tecting property rights, rule a critical research, titled The over your farm because of this. future through the dubious riculture land using fronts policy through instruments.”
of law and foreign investors’ silent dispossession of cus- As a matter of fact, Professor issuance of mining EPOs, like (I) Trek at Maphisa. (2)
interests. tomary land rights holders for (Jonathan) Moyo’s farm was national strategic business Schweppes at Zhovhe Dam In the past decade, commu-
urban development in Zim- referenced, that as soon as we permits and licences to for- in Beitbridge; I have informa- nal farmers have been forced
This focusing a government babwe, on how government are done with Professor Moyo eigners, 99-year farm leases to tion whose interest these com- off their ancestral lands with-
which came to power through is seizing land from poor and and Saviour (Kasukuwere) we foreigners without following panies are serving as business out consultations and being
a 2017 coup chanting noisy vulnerable rural communities, are coming to your farm. Of due diligence and processes, fronts at the expense of the given alternative places.
mantras like “new dispensa- as well as critics of authorities. course, my response was: Do which includes the grassroots local people.`’ 
tion”, “Zimbabwe is open for your worst, we will be wait- consultation background These include the Marange
business” and “ED Pfee” – a Zamchiya studies contem- ing.  Then you realise it is an check of beneficiaries and na- Mnangagwa’s regime has people who were in 2010
crude Zanu PF slogan – to porary trajectories of land individual who has taken in- tional security vetting,” Chief successfully used lawfare to is- evicted when the government
euphoric and anticipative and agrarian change in South- terest, and then you begin to Jahana Khumalo said in the sue repressive statutory instru- discovered diamonds. No
Zimbabweans who wanted ern Africa and the politics of see everything taking place letter dated 14 May, copied to ments, where the President compensation has been given
change. post-colonial states in demo- and a minister has signed. I the Zimbabwe Defence Forces can convert communal land to the Marange people, nearly
cratic transitions. He is cur- was shocked because I had commander, General Philip into state land, dispossessing a decade after the bloody dia-
More than 20 years after the rently the regional coordina- always praised the minister, Valerio Sibanda and the Ma- thousands of vulnerable fam- mond rush. 
chaotic fast-track land redis- tor of PLAAS’s new project on thinking they are profession- tabeleland South Provincial ilies, bringing into question
tribution programme began, the privatisation of customary als,” Malunga said.  Chiefs Council. the government’s sincerity in While other evictions have
Zimbabwe is still grappling land and women’s land rights Communal land under siege  empowering indigenous black gone unnoticed, people in
with agrarian disruptions as in Mozambique, South Africa, Communal farmers, whose “It’s exactly 42 months lat- farmers.  Mwenezi were evicted in
farm invasions and evictions, Zambia and Zimbabwe. ancestors were removed from er after you promised not to 2014 to make way for a mas-
bordering on lawlessness, con- their prime land to desolate mortgage the future of Zim- In the Dinde area, in the sive dam. The evictions cost
tinue unabated. International human rights areas known as reserves during babweans but the situation coal-rich Hwange district in the farmers livestock and live-
lawyer Siphosami Malunga, pre-independent Zimbabwe, in my area proves you other- the western part of the coun- lihoods. They remain stuck
Just last week, for example, speaking during a webinar on have been on the receiving wise. Mining EPOs are issued try, villagers are also on the in Chingwizi camp without
Mwenezi district lands officer the new land dispossessions end of state-sponsored land by your offices after you have edge following manoeuvres to proper housing, nearly a de-
Boas Vurayayi in the company this week, said farm seizures grabs.  consented hence this letter to evict them to pave way for a cade later. 
of Nyika businessman Leon- prove deep-seated abuse of you. Chinese coal project. 
ard Mutema visited Battle- power by the current govern- These include the Chilonga In Chisumbanje, commu-
fields Farm in the Mateke area ment following in Mugabe’s people in Chiredzi, Masvingo “Take note that the due The villagers are angry the nal farmers were also evicted
to notify workers for Shelton disastrous footstep. province, whom the govern- process of issuing a Lithium Chinese commenced explora- to make way for an ethanol
Lucas – a black Zimbabwean ment wants to move under the exploration EPO at Fort Rix- tion without consulting the project in 2010.
farmer – that his farm had Malunga’s farm, which he guise of establishing a lucerne on, in our area of jurisdiction local community.
been allocated to Mutema. owns with busines partners, grass project, although villag- with Chief Sibasa, was not fol- In a shocking turn of
in Nyamandlovu in Matabele- ers say minerals are the real lowed. As chiefs, custodians of The situation bears resem- events, at least 200 villagers
As a result, a US$69.4 land North province is being reason behind the eviction.   this area, we only read about blance to the Chilonga saga in from Maganga village near
million farming and training seized by government despite this mining venture from state which the government early Marondera who invaded land
project meant to benefit 30 that he bought it, violating Despite several pleas from media.” this year ordered the removal belonging to Hunyani Estate
000 people within five years private property. traditional leaders who fear of 12 000 villagers from their at the onset of Zimbabwe’s
is under threat as govern- that thousands of locals will Chief Jahana’s letter was ancestral land in Chiredzi.  chaotic fast-track land redis-
ment wants to repossess the This breaches the law and lose their ancestral land and in a bid to stop lithium and tribution programme in 2000
714-hectare farm, which had government policy. livelihoods, the government tantalum explorations in Fort The Chilonga people had have also evicted.
attracted investors from Ger- has continued to ride rough- Rixon.  been ordered to vacate their
many. In terms of the law, govern- shod over rural communities.  ancestral land to pave way for ln September 1998, with
ment cannot seize land owned In 2018, Chief Vezi Madu- a lucerne grass project run by UK encouragement, the Zim-
The new wave of land grabs by black people. From a policy In a letter objecting to na Mafu wrote to Mnangag- Dendairy, a company linked babwe government hosted a
is gathering momentum, in perspective, government did the “dubious” issuance of an wa about the secret issuance to Mnangagwa’s business as- Land Conference in Harare,
some cases resulting in the not grab dairy farms, which exclusive prospecting order of 17 EPO in Matabeleland sociates.  involving all major interna-
eviction of people allocated that farm was. (EPO) by President Emmer- South, particularly the EPO tional donors and the multi-
land during the fast-track re- son Mnangagwa to mining gi- for lithium which covers Sha- Following a public out- lateral institutions. Before that
distribution programme. In- Advocate Thabani Mpofu ant Premier African Minerals pi-Mahongola- Gwabatema cry, the government abated government encouraged land
digenous commercial farmers, has obtained a judgement to in his area without following in Guyu-Ntepe-crossing Tuli its decision, but the situation invasions to create a volatile
including those who bought that effect. River. remains precarious as inves- situation to push for change.
land, have not been spared. tigations show Chilonga area
“We give the government “This means we have no lies on a rich diamond belt, The Maganga area is lo-
Communal and commer- an opportunity to relook at explored by South African di- cated in Marondera East, 20
cial farmers are bearing the their decision before we take kilometres from the town. It
brunt of new dispossessions. the fight to the next level. is under Chief Svosve, who
There is even a judgement by mobilised his people to invade
Since after the coup, gov- Justice (Nicholas) Mathon-
ernment has upped the ante si on this issue, particularly
on black land seizures, a new in relation to manipulation
dynamic in agricultural and of power, the abuse of power
electoral politics. and authority, especially in re-
lation to the security services
Vast tracts of land have sector. And we know there are
been grabbed and parcelled times when the government
out to Mnangagwa loyalists, has decided to intervene on
while farmers are forced to this serious abuse of power by
downsize and make way for its officials,” Malunga said. 
his cronies or political allies. 
Before the farm invasion,
While Mnangagwa claims Malunga received several
“Zimbabwe is open for busi- threats from a top state secu-
ness”, the brazen land grabs rity official, adding that it was
tell a different story, with a calculated ploy to eject him

Page 46 News NewsHawks

Issue 62, 24 December 2021

white-owned farms in 1998, Fresh land seizures  Grobler and his wife Debbie gone on for months, while withdrawal of an offer letter entertained in Zanu PF. Oth-
igniting the land reform pro- Commercial land has also are surviving at the benevo- attempts to evict the panners for his farm. He argues the er targets are those presumed
gramme. Prior to the Svosve been under siege, with several lence of a relative, with their from the estate are proving move was politically motivat- sponsors of regime change
land invasions, black com- farmers, including indigenous cattle currently on a rented futile. ed.  activities, to show them that
munities had actually invaded ones, and those who benefit- plot. working with the enemy does
land in Nyamandlovu, Mata- ted from the land reform pro- Some of Mugabe’s clos- Last year, a group of war not pay.”
beleland North province. gramme, under siege. Ironically, the Groblers est relatives have also been veterans also invaded exiled
were evicted from their farm hounded off their farms, former cabinet minister Sav- Moyo added: “My case was
The Svosve people, with A top Central Intelligence by Ivy Rupindi, a civil servant with the latest being Walter iour Kasukuwere’s farm. Ka- very painful for me because
the encouragement of the late Organisation (CIO) director in the Ministry of Lands. Chidhakwa’s wife, who lost sukuwere has been fighting we bought the farm, we got
Chief Svosve Enock Gahadza and senior ruling Zanu PF of- her farm to Zanu PF officials. in the courts to stop the land a loan from CBZ and bought
Zenda, armed with hoes and ficials in Matabeleland North Mnangagwa’s regime has seizure.  the farm in 2002. In 2005...
axes, moved into the Ruzawi province have moved to ille- also used land grabs to punish Chidhakwa’s wife has lost (the late Mashonaland Cen-
commercial farming belt east gally grab land belonging to the family of the late former 250 hectares and is left with Moyo said in a webinar on tral governor Ephraim) Ma-
of Marondera in 1998. Malunga. president Robert Mugabe. 181 hectares of less fertile Thursday: “From personal ex- sawi started sending people
Gold panners, with the ac- land. The late Robert Zhu- perience, this phase of what is and attacking us, saying that
Hunyani Estate, with an Investigations by The New- quiescence of the authorities, wawo, Mugabe’s nephew, last happening in the agricultural we are occupying prime land
eviction order and backed sHawks reveal CIO co-dep- have invaded the Mugabe year lost his farm to Sports land sector is being done by while criticising the state.
by heavily armed riot police, uty director-general Gatsha family’s sprawling farmland in minister Kirsty Coventry. possessive individuals not by
forcibly evicted the Maganga Mazithulela, Zanu PF secre- Mazowe and installed a gold Coventry snatched Zhuwao’s the state because I don’t think “In 2019 when the late
villagers. The villagers were tary for administration Ob- milling plant. Cockington Farm in Zvimba. there is a state policy to dis- Perrance Shiri was Lands min-
dumped near the Harare-Mu- ert Mpofu and Matabeleland possess or repossess. These are ister he targeted me specifi-
tare road. North provincial minister of Aerial pictures of the estate Grace’s sister Shuvai Gum- individuals who are taking ad- cally for criticising command
state Richard Moyo are be- show massive destruction and bochuma also lost her Kachere vantage of their positions. agriculture. He deployed five
A study titled Silent Dis- hind the orchestrated political unregulated mining on the Farm in Concession to a top military people and allocated
possession of Customary Land plot to grab Kershelmar Farms farm, situated in the heart of Zanu PF official in 2018. “They target people who them land on the farm. Then
Rights Holders for Urban De- (Private) Limited from its le- Mazowe, with sources saying have fallen out of favour or they were saying the farm was
velopment in Zimbabwe by gal owners, indigenous Zim- powerful Zanu PF officials Moyo’s farm was grabbed are now at odds with the rul- being used to hide weapons.
Zamchiya, Owen Dhliwayo, babweans. oversee the disruptive activi- during the late Lands minis- ing system. This is done to Those five are not farming and
Cynthia Gwenzi and Claris ties. ter Perrance Shiri’s tenure. He show how cold it can get out- the matter is in court.”
Madhuku found that seizures “There is a specific ap- is still locked in a legal battle side, and this is an ideology
of communal land are con- proach to the way things are Gold mining activities have with the state, following the
nected to Zanu PF or its big- happening. It is clear the mo-
wigs.  tivation for dispossession of
the community is usually pri-
“Most beneficiaries were marily to serve elite commer-
the locally employed, urban cial interests and elite personal
elites based as far as Harare interests. I am considered as
and a critic and hold views that
are unpalatable. Unasham-
locals who worked in Jo- edly, I am seen as the face of
hannesburg, South Africa, an organisation that supports
and the local ‘big shots’. The communities or individuals to
local ‘big shots’ were largely hold government accountable,
connected to the ruling Zanu promote and protect human
PF and this gave them power rights and they do not like
and authority over the alloca- that,” Malunga said. 
tion of land, sometimes chal-
lenging council authorities,” The NewsHawks recently
the study says. reported on a land grab in-
volving Rafingora-based farm-
The study further shows er and war veteran Benedict
that land seizures are en- Owen Ben Magadza , who
trenching colonial and au- had been staying for more
thoritarian ideologies of dis- than a decade at Mupangure
possessing indigenous black plot number one. Magadza is
communities.  yet another black Zimbabwe-
an who has lost land to a com-
“We observed that the Zim- patriot. He was evicted after
babwean state, which prides his plot was allocated to CIO
itself in the politics of deco- officer Joyce Kamhedzera.
loniality, is dusting and mak-
ing live colonial masterplan Magadza, who had stayed at
maps rooted in authoritarian the farm since 2008, fought a
high modernism ideologies, legal battle with Kamhedzera
which were meant to dispos- for nearly three months but
sess the black communities of lost, culminating in his evic-
their prime land, to dusty and tion.
mountainous areas,” it says.
While Magadza is licking
The study adds that land his wounds, another war vet-
grabs had been triggered by eran and businessman, Fred-
new investments, rent-seeking erick Mutanda, frantically
behaviour, and state officials’ tried to engage the Minister
high modernist visions.    It of Lands Anxious Masuka,
shines the spotlight on vio- but to no avail, after dozens
lence associated with evictions of Zanu PF youths riding mo-
in which court orders are not torcycles invaded his farm last
abided by. month. 

“It is evident that we need Mutanda says it is a
more research to proffer wider well-calculated ploy to victi-
and concrete solutions. How- mise him for supporting a bid
ever, given the rising demand to challenge the extension of
for customary land, not only Luke Malaba’s term as Zimba-
in Chipinge but across rural bwe’s chief justice. He said the
Zimbabwe, it is imperative for invasion was a political mes-
policy to clearly define land sage for his purported “misde-
use rights. Our view is that the meanours”.
Communal Land Act of 1982
vests too much power and au- The marauding Zanu PF
thority over land in the min- youths invaded and camped
ister, Rural District Councils at Mutanda’s farm in Muto-
and the President,” the study rashanga, Mashonaland West
says.  province. The party youths
accused Mutanda, who was
“In addition, the new Cus- the late vice-president Joshua
tomary Land Act must legally Nkomo’s bodyguard, of be-
recognise socially legitimate ing anti-government when he
existing traditional occupa- supported Malaba’s ouster.
tion and good faith occupa-
tion by individuals, families Under the full glare of in-
and local communities who ternational media, commer-
have been using the land for cial farmer Martin Grobler
at least five years without the was evicted from his Ruwa
need to formalise, register and farm last September.
provide titles.” 
Months after the eviction,

NewsHawks News Page 47

Issue 62, 24 December 2021

Storm rocks
Zimra over
US$680m
tax evasion
investigation

OWEN GAGARE formation Report Form on Zimra acting board chair Josephine Matambo.
08.08.2018 stating that Sec-
A FIERCE storm has erupt- ond Nominees was not reg- with a Foreign Entity hence inconveniences caused are of taxes on behalf of the gov- treated differently? Is it that
ed at the Zimbabwe Revenue istered with Zimra and was the interest income did not sincerely regretted.” ernment, you have dismally this company is owned by
Authority (Zimra) over a giving money to companies accrue to Second Nominees.  refrained from investigating political heavyweights who
US$680 million tax evasion like Zimbabwe Sugar Sales, Prior to this, Machara- and issuing a tax bill against are untouchable?,” the letter
investigation involving Ban- Croco Motors, Zimasco, Na- I will remain guided by ga had written a letter, one this company for the past says.
cABC-linked Second Nom- tional Foods, Metallon Gold, who and what you reported among many others, on 27 eight years now. 
inees (Pvt) Ltd, The News- Sakunda and Wildale Bricks. in as far as closure of this case May 2021 to Zimra acting “This is despite the over- “From the litany of ex-
Hawks has established. You also stated that Second is concerned with hindsight Commissioner-General Ra- whelming information cuses I have been given by
Nominees was charging 10% of the provisions of Section meck Masaire further de- which I supplied to Zimra. your officials, it is quite ap-
The latest dodgy deal is one as interest and the company 34B of the Revenue Authori- manding an explanation as To be precise, your office parent that you are abusing
in a series of cases relating to received over 200 million ty Act chapter 23: I (i) and SI to why the investigation had has been duly dilly-darling your powers and authority in
Zimra’s corruption-ridden dollars as interest, but did 150 of 2020.  been stalled despite dossiers over the issue and the best protecting and shielding this
multi-million-dollar whis- not pay Income Tax, Paye of information and evidence it has done is to mislead me company from the tax laws
tle-blowing fund charac- and Vat. “However, for purpose of provided. by claiming that ‘a team of of this country. Technically,
terised by looting of public clarity, given the intricacy of experts will be assembled to you have criminally abused
funds. Cumulatively, Zimra’s “Please note that investiga- the transactions, please note In the letter, referenced as look into this matter’. Much your duty by showing favour. 
whistle-blowing investiga- tions were conducted and the that Second Nominees was Your Reluctance to Tackle a to my chagrin & horror, the
tions run into billions. following are my responses used as a conduit for process- Section 34B case of Second so-called team of experts was “Technically, you have
to your concerns: I concur ing transactions involving Nominees and Your Undue never assembled to carry out shown favour to the owners
After eight years play- with you that at the time of Zimbabwean local entities Protection of the Tax Of- this task notwithstanding the of shareholders of Second
ing hide-and-seek over the reporting this case, the tax- and foreign entities. The Sec- fender, Macharaga writes fact that it is the statutory Nominees by omitting to
Second Nominees investi- payer was not registered with ond Nominees Account was about the delays and freez- duty of Zimra to do so. What investigate and issue a tax
gation, Zimra this week re- Zimra for any tax head. used as a conduit or collec- ing of the investigation. The it means is that you have bill since 2013. The excus-
plied two whistle-blowers, tion account for the purpos- whistle-blower says Zimra is been selling me a dummy es which you have proffered
Evans Kujinga and Martin “Pay As You Earn (Paye). es of disbursing, managing, not delivering on the issue over these years as evidenced over these eight years are
Macharaga, who had report- The taxpayer was regis- tracking, monitoring cash because its top executives by the recent e-mails that I frivolous and supine and
ed the case in 2013. The two tered on 29.07.2013. How- flows and collecting repay- have been given loans by received from Mr. (Edward) they largely boarder on im-
whistle-blowers stood to get ever, the taxpayer does not ments from borrowers before BancABC and suspects they Phiri (Zimra chief investiga- pertinence. Why is it that
10% of US$680 million – have any employees and it is repatriating loan repayments have also cut deals to cover tions officer) on the 21st of Zimra is failing to pay us our
which US$68 – but they had remitting Paye as a represen- back to the original lenders. up the issue. May 2021 at 16:34hrs.   10% reward from the monies
been waiting for years now. tative appointed in terms of These services are subject to “Surely, you cannot claim which has been collected so
A number of meetings and Section 71 of the Income Tax Income Tax.  “I write to express my that Zimra is under capaci- far?  
numerous communications Act as read with paragraph dissatisfaction over the pro- tated to carry out the inves-
have been flying between 2 (4) of Part II of the 13th “However, after taking: tracted delay and misleading tigations of the tax issues of “We hope you are going
Zimra and the whistle-blow- schedule of the same Act into account all the revenue information which your of- Second Nominees when the to look seriously into this
ers over the high-stakes issue. for a non-resident employ- streams of the taxpayer, it ficers have perpetrated over same office has successfully matter and take the required
er. According to paragraph I was globally in a loss position the above mentioned case investigated and issued bills remedial action as demanded
Despite Kujinga’s connec- (l) (b) of the same schedule, for the reported period hence of Second Nominees (Pvt) in 2015 against companies by your call of duty.”
tions and influence, Zimra Employer includes a repre- no reward is due to you on Ltd,” Macharaga says. which traded with Second
has stalled the investigations. sentative of the employer. this tax head.” Nominees like Zimbabwe But Zimra on 1 July ef-
Source say Zimra executives The non-resident employer “This is a long outstanding Sugar Sales.” fectively dropped the case.
got loans from BancABC appointed a resident repre- On Vat, Chinamasa said: matter of a Section 34B case The livid whistle-blower This left whistle-blowers out-
and dropped the case, which sentative, Second Nominees, “The taxpayer is not liable of the above-named com- suggested Zimra is also afraid raged.
whistle-blowers say techni- to secure registration on its for registered for this tax pany which we reported on of investigating the case,
cally amounts to bribery. behalf under this paragraph head. No anomalies were es- the 4th of April 2013. I am apart from its executives be- Asked for comment,
One source said intermit- and otherwise to act as its tablished with regards sugar totally flabbergasted by your ing compromised. Macharaga said: “Look, I
tent clashes between Kujinga agent for all purposes of this sales since sugar sales were reluctance to tackle the Sec- “What is more surprising don’t want to talk to the me-
and Macharaga – who are schedule. Consequently, it zero rated in terms of SI ond Nominees case and this is that these Section 34B dia, but this is monumental
frenemies – also stymied the was liable for the remittance (Statutory Instrument) 171 is tantamount to criminal companies were reported to corruption and fraud. The
probe. of the Paye of which it is re- of 2013. The financial ser- abuse of office as a Public Zimra long after my 2013 re- sad part is not that I have
mitting since registration to vices offered to other clients Officer as defined in Section port and their investigations been mugged, but more
The Zimra letter, dated date. Second Nominees did are exempt in terms of Sec- 174 of the Criminal Codifi- took less than six months to importantly Zimra, effec-
1 July 2021, was written by not have the mandate to re- tion 1 1 of the Vat Act Chap- cation & Reform Act (Chap- complete. Why then is it that tively the government and
Regina Chinamasa, Zimra mit Paye for the foreign en- ter 23:12. Consequently, no ter 7:09).  the Second Nominees case is Treasury, have been robbed
commissioner revenue assur- tity for the period prior to reward is due to you on this of millions in unpaid taxes.
ance, saying the tax collector its registration with Zimra. tax head. I hope this brings “As the head of the tax au- Authorities must decisively
was now basically dropping The Paye was being remitted this case to its logical conclu- thority tasked with the duty investigate this urgently and
the case after almost a de- through another entity with- sion and any anxieties and of overseeing the efficient stop the rot. I will talk when
cade. in the group or companies. and transparent collection I’m ready to.”
The contract for the loans
“I refer to your letter of 27 with the companies you stat-
May 2021 and apologies for ed were not between Second
the inconveniences caused in Nominees and the stated
the delayed finalisation of the companies save for one,
review of this case,” the letter Zimbabwe Sugar Sales. The
says. agreements were entered into

“I note that you (the duo)
reported the case in 2013
and completed another In-

Page 48 News NewsHawks

Issue 62, 24 December 2021

NYASHA CHINGONO ations the company would con-
sult top army officials only.
Who pocketed millionsMYSTERYoverPresidentEm-
merson Mnangagwa’s adviser “If ZMDC were the part
and shadowy businessman Ku- owner and received its share
dakwashe Tagwirei’s murky pur- over mystery army deal? of the purchase price, then the
chase of the Zimbabwe Defence amount of money paid to the
Forces (ZDF) partly-owned Pen military would have been low-
East Mining’s stake in platinum er,” reads the report. 
miner Great Dyke Investments
(GDI) deepened this week after Investigations show that the
the military officially distanced sale of Pen East was opaque by
itself from the deal. design, to avoid scrutiny, and
Tagwirei’s vast business subsequently the shares were
empire was exposed recently bought by Landela Mining
through various leaks of reveal- Ventures, a Zimbabwean com-
ing documents following a nas- pany owned by Sotic Interna-
ty fallout among its executives. tional, an offshore firm in Mau-
The tycoon’s Landela Mining ritius controlled by Tagwirei.
Ventures paid US$21.5 million
for a stake in GDI. There were Landela shareholders are
also further mysterious pay- Landela Mining Venture’s di-
ments, which included US$220 rectors were Jozef Behr, Chris-
million and ZW$300 million. topher Fourie, and Obey
The stakes were too high. Chimuka. 
Investigations this week
show the deal was brokered by “Tagwirei’s lawyer, Norman
the late Foreign Affairs and In- Chimuka, wrote to his client
ternational Trade minister Sibu- and executives at Sotic Interna-
siso Moyo, who fronted army tional and Sakunda Holdings
companies. in February 2020, reminding
The money from the deal was them that they were due to
then shared between Moyo, a pay the capital gains tax on the
retired Lieutenant-General, and US$220 million sale of Pen
two top army commanders, one East’s shareholding in GDI.
retired and another still serving Norman Chimuka’s email was
who worked closely with Moyo the second of two that he sent
as the core of army commercial- on this matter, in November
isation activities. 2019 and February 2020, each
This  raised fresh questions referring to the same US$11
over the army’s labyrinth of million capital gains tax bill
shadowy company structures derived from a $220 million
and their ultimate beneficial sale price. Norman Chimuka’s
owners. November 2019 email also re-
The Zimbabwean mili- Great Dyke Investments mining operation. ferred to a much lower ZW$46
million payment that his client
tary, which has a web of shady interest, depreciation, and am- Russian Centre For Business copied to Tagwirei,  Moyo, Ma- had made to Pen East Mining,
companies and shelf entities, ent company, Landela Mining ortisation run into the billions, Cooperation. jor-General Chris Mupande saying that because the ex-
is murky and unaccountable Ventures, to the subsidiary, according to financial projec- and Rushwaya. change rate had moved at the
to citizens, although it handles GDI, correspondence reviewed tions presented to a potential The signing of the agreement time of payment, the Pen East
millions of dollars. by The Sentry indicates that funder,” the report says. was witnessed by the ZDF’s Mupande, Rushwaya and representatives wanted a further
There is usually no transpar- Tagwirei made a payment to legal director and the Russian Moyo are also listed as direc- ZW$9 million payment. The
ency and accountability in the GDI’s former 50% sharehold- Tagwirei, one of the biggest Embassy’s defence adviser.  tors of Rusununguko Nkulu- purpose of that ZW$46 million
military’s corporate ventures, er, Pen East Mining, a com- beneficiaries of the 2017 coup leko Holdings, one of the main payment isn’t specified.”
which presents fertile ground pany controlled and owned, that toppled long-time leader The company would subse- holding companies used by the
for corruption. at least in part, by Zimbabwe’s Robert Mugabe, clinched the quently inherit a Zimplats claim ZDF.  Moyo, who spearheaded The investigation establish-
Apart from creating condi- military. Different documents deal months after the Kgale- surrendered in 2006 as part of military commercialisation, also es that Fourie questioned the
tions for corruption, commer- indicate a range of potential ma Motlanthe commission of the government’s indigenisation served as a shareholder and di- amount for the deal and who
cialisation of the army poses a payments made by Tagwirei to inquiry into the 30 July 2018 programme, although it is not rector of other military-owned had been involved in aspects of
political and security threat. Pen East in 2019: from ZW$46 election and subsequent killing clear whether the army paid companies in Zimbabwe.  the transaction. Fourie said he
GDI was initially a joint million, to ZW$300 million, of six civilians in central Harare anything for the claims.  was not aware of Tagwirei’s ac-
venture between Russian firm to US$11 million, or possibly by marauding soldiers.  Furthermore, Moyo, who tivities and payments. He also
Afromet and Pen East Mining, even as much as US$220 mil- “Reporting by Russian busi- died early this year due to did not believe the higher figure
jointly owned by the military’s lion — and this is on top of the Tagwirei bought a stake in ness newspaper Kommersant Covid-19, was the face of the would have been appropriate.
Old Stone Investments and  the US$21.5 million paid to GDI,” GDI after the involvement and the Zimbabwe Indepen- 2017 military coup. He retired
state-owned Zimbabwe Min- the report says. of the army in the compa- dent suggests that the platinum from the army on being ap- “… the capital gains tax bill
ing Development Corporation Asked about Pen East and ny spooked potential lenders, deal took place in the context pointed Foreign Affairs minis- email from Norman Chimuka
(ZMDC), according to parlia- who took the funds, ZDF di- needed for capital investments of wider negotiations between ter after the July 2018 elections. may have been the product of
mentary records, before Tag- rector Colonel Teddy Ndlovu to commence mining.  Zimbabwe and Russia about an attempt by the military to
wirei bought Pen East’s 50% said: “That information, I do the purchase of military heli- The late minister became the squeeze more money out of the
stake. not have. I do not know how Three-way correspondence copters or fighter jets. Kom- face of the coup, announcing deal. Fourie is cited in one min-
Although ZMDC chair Pe- I can assist. I do not know between Pen-East, Tagwirei and mersant named the chairman that Mugabe had been placed ute of a meeting held on August
ter Chimbodza in 2018 told the company you are talking the Russians revealed how they of Ruschrome’s board as Martin under house arrest. 27, 2019, as saying he believed
the parliamentary portfolio about.”  grappled with the replacement Rushwaya, a relative of Mnan- the payment for the 50% share-
committee on Mines that Pen Ndlovu referred further of one controversial partner gagwa and the long-serving per- “Although Pen East’s two os- holding was ZW$300 million,”
East’s 50% stake in GDI was questions to the ZDF’s direc- with another, the report notes.  manent secretary of the Min- tensible individual shareholders further reads the report. 
composed of 30% owned by tor-general in charge of policy, istry of Defence (MOD),” The were civilians, at least one of
ZDF’s Old Stone and 20% public relations and interna- “While documents and Sentry says. them is referred to as a nominee “Whatever the price paid to
by the ZMDC, the ZDF told tional affairs, Brigadier-Gener- statements show that Zimba- by Tagwirei’s lawyer in corre- Pen East, these payments were
The NewsHawks they were not al Augustine Chipwere, who bwe’s military certainly played Rushwaya now works in the spondence seen by The Sentry. on top of the US$21.5 million
aware of the company or deal.       referred questions back to Nd- a significant role in Pen East, Office of President and Cab- Rather than these two individ- Landela Mining Ventures had
The army spokesman said he lovu. There was no information many of the transactions and inet as deputy secretary for ual shareholders, it was Rush- paid to GDI. A US$220 mil-
did not know who Pen East is, and clarity over the issue. agreements underpinning its in- administration and finance. waya who signed the agreement lion payment to a company
let alone that it is linked to the Internal communications volvement in the mining sector In 2014, Ruschrome Mining transferring Pen East Mining’s controlled by the Zimbabwean
reviewed by The Sentry show have not been subject to public changed its name to Great 50% shareholding in GDI to military, if that higher figure
ZDF. scrutiny. Correspondence re- Dyke Investments and later the Landela Mining Ventures, as was indeed paid, would have
According to an explosive that GDI has a gross asset val- viewed by The Sentry shows that Russian joint venture partner well as a later addendum to been large in public finance
investigative report by The Sen- ue “well in excess” of US$600 senior military officials were in- changed to Vi Holding, operat- the share purchase agreement,” terms. By comparison, in 2019
try which unravelled Tagwirei’s million.  volved in, or informed about, ing through Russian subsidiary reads the report.  Zimbabwe’s education budget
vast network of business rela- “In March 2020, the two negotiations for the sale of Pen Afromet. The 2019 sale of Pen was $179 million.” 
tionships with state institutions shareholders of GDI each sold East Mining’s share of Great East Mining’s share of GDI was “Once the sale of Pen East’s
such as the army and ministers, 2.2% of the company to Fos- Dyke Investments,” says The negotiated between Tagwirei’s share of GDI was completed, The report also raises a red
the payment was a shareholder sil Mines, owned by Tagwirei’s Sentry in its report titled Shad- lawyer, Norman Chimuka, GDI board minutes recorded flag on off-budget financing
loan to match the money al- reported frequent business ows and Shell Games.  while Pen East Mining was the resignation of the directors of the military which removed
ready invested by the other 50% partner Obey Chimuka. The How GDI was formed represented by Colonel Siwin- previously appointed by Pen oversight over spending by Par-
shareholder, Afromet, a subsid- US$30 million paid for that In 2006, retired Colonel Tshin- ile Tauya. According to records East. One of those directors, liament and the Auditor-Gen-
iary of Vi Holdings, a Russian 4.4% stake implies a valuation ga Dube, who was then head reviewed by The Sentry, Tauya, Major-General Grey Mashava, eral.
industrial conglomerate.  of about US$680 million for of Zimbabwe Defence Indus- an army officer, is the company is the senior principal director
“In addition to that US$21.5 GDI. Projected revenues and tries, set up a joint venture, secretary of the Zimbabwe De- in Vice-President General Chi- “It would be troubling if a
million payment from the par- lifetime earnings before tax, Ruschrome Mining, with the fence Industries. wenga’s office.”  prominent tycoon accused of
help of a Russian corporation, corruption purchased a min-
At critical moments of the Although the ZMDC was ing company from Zimbabwe’s
negotiations, several emails were supposed to be a shareholder military, but there is no conclu-
in Pen East, during the negoti- sive record of the sale price, the
ultimate recipient of the pay-
ment, or the use of the proceeds
from the deal.”

NewsHawks News Page 49

Issue 62, 24 December 2021

NYASHA CHINGONO Mnangagwa associates behind number is 12835465 -- was
US$1.3 billion megabucks deal registered on 25 August 2020,
PRESIDENT Emmerson raising questions around issues
Mnangagwa’s political and busi- of experience and capacity to un-
ness cronies, including his new dertake such a huge project. 
associate Eddie Cross, are behind
the US$1.3 billion megabucks It is located at Flat 501, 1 Bo-
petroleum products pipeline lander Grove, London, England.
project – whose cost has quick-
ened from US$850 million to The company, whose first
US$1.3 billion, and will ulti- accounts are due on 25 May
mately surge to US$4 billion, 2022, has four directors includ-
fronted by South African busi- ing Gregor, who is chair and was
nessman Errol Gregor. appointed the day the company
The massive yet shady project was registered. 
has many shades of grey, trans-
parency and accountability gaps Other directors are Alexander
and raises eyebrows at various Fraser Russell, Stephanus Du
levels.  Toit Burger, both South African
Investigations by The New- nationals, and Ghanaian Leon
sHawks, which covered Zim- Kendon Appenteng. 
babwe, South Africa and the
United Kingdom, have un- Information on the company
earthed revealing details about registry shows Coven is effective-
the project that was largely facil- ly controlled by Gregor and The
itated by Cross and state-owned Highlands Group.
National Oil Infrastructure
Company of Zimbabwe (Pvt) Although the shareholding
Ltd (Noic) chairperson Daniel structure is not explicitly re-
McKenzie Ncube, an engineer vealed, documents say The High-
who is a long-time Mnangagwa lands Group’s nature of control is
ally. Ncube is also Zanu PF Mid- through holding shares which
lands provincial chair. are more that 50%, but less than
Cross, previously a top busi- 75%. Gregor’s nature of control
ness executive and former main is through holding shares which
opposition MDC senior leader are  more than 25%, but not
and MP, is now an informal ad- more than 50%. 
viser to Mnangagwa and Finance
minister Mthuli Ncube.  The two also have ownership
He is more listened to by of voting rights in line with their
Mnangagwa than the redundant shareholding and the right to ap-
and dysfunctional Presidential point and remove directors. 
Advisory Council, hence he en-
abled the deal. Only last week, Curiously, both Gregor and
Cross launched Mnangagwa’s bi- the Highlands Group have the
ography, opening a new chapter same address as Coven Energy. 
in their cosy relations.
The President’s men want to Gregor’s control started effec-
build Zimbabwe’s second fuel tively on 25 August 2020 when
pipeline from Beira in Mozam- the company was registered,
bique to Harare, which they say while The Highlands Group was
will service the whole of southern notified on 16 November 2020.
Africa.
Documents obtained from The Highlands Group is reg-
the UK show the  project is a 50- istered in England and Wales.
50 joint venture between Brit- National Oil Infrastructure Company of Zimbabwe chairperson Daniel McKenzie Ncube. The registration number is
ish-registered Coven Energy Ltd, 10485227. It has one active di-
fronted by Gregor, and Noic, to push the project. million.  ness partners resisted it and project will run for 30 years, rector, Heine Jan Van Niekerk,
which imports, transports, stores “His task was to look for a However, when Zanu PF won Mnangagwa’s government starting off with eight million a South African resident in the
and handles petroleum products shelved it again. Mutsvangwa tonnes of product per annum.  UK. 
locally. company that could design and the election in 2013 it stalled was livid about it at the time, and
The state enterprise has de- fund a new Beira-Harare pipe- movement on the proposed proj- had public outbursts over it. Cabinet approved the project The company is, in turn, con-
pots at strategic sites around the line. He did so and found the ect. Part of the problem became on Tuesday.  trolled by Africa Focus Group
country, including Harare (Mab- Mining, Oil and Gas Supply that Gregor later sold his 51% to Limited whose address is Cosco
vuku and Msasa), Bulawayo, Company (Mogs) in Johannes- The Noic pipeline remained Royal Bafokeng Holdings. Mogs Announcing the deal, In- Tower, Unit 1411, 14th Floor,
Mutare and Beitbridge that have burg, South Africa,” the source the main petroleum products was already controlled 49% by formation minister Monica Cosco Tower, 183 Queen’s Road
capacity to store 400 000 tonnes said. transportation infrastructure, South Africa’s state-owned Public Mutsvangwa said: “The proj- Central, Sheung Wan, Hong
of product. largely used by several fuel Investment Corporation. ect will result in the National Kong.
The project resembles one “The company had been companies. It was later mainly Various engagements followed Oil Infrastructure Company of
which Gregor tried to implement founded by Gregor, a South controlled in terms of capacity behind the scenes and when Zimbabwe (Pvt) Ltd and Coven It is registered in Hong Kong
in 2018 working with Cross and African chemical engineer who utilisation by Trafigura, an inter- Tagwirei sold his fuel business Energy Ltd entering into a 50:50 under registration number
Christopher Mutsvangwa, a for- refused to serve in the apart- national commodities giant, and to Trafigura to concentrate on public-private partnership. 2452086. It was notified on 30
mer minister and Mnangagwa’s heid army and left South Africa its local partner Sakunda Hold- building a new business empire November 2020 and the nature
ex-adviser. to start a new life in Texas, the ings owned by business tycoon – one of the biggest companies The project will create employ- of control is through 75% share
Investigations show that the United States.  Kudakwashe Tagwirei. in southern Africa as he said in ment opportunities and generate control.  Records show Gregor
project was actually mulled in recent leaked documents – a new foreign currency for the country. was a shareholder in The High-
2010 during the Government “While there, Gregor estab- The new pipeline was seen window of opportunity opened.  It will also help reduce vehicular lands Group between 28 July
of National Unity between the lished Mogs as a service company as a commercial threat to their But Gregor had moved on. congestion and the smuggling of 2017 and 16 November 2020.
late president Robert Mugabe for the oil and gas business in the Beira-Harare oil infrastructure He had gone to establish Coven petroleum products.” He held 75% or more shares in
and founding main opposition southern states of America. This stranglehold. Noic controls the Energy in the UK. So when he the Highlands Group. 
MDC leader Morgan Tsvangirai, became a major operation and existing pipeline despite reports was given a second bite of the However, investigations show
who has also died. spread wings into the Middle that Tagwirei does.  cherry he agreed. the deal is controversial as com- Other entities with signifi-
Cross was the deal-maker. He East region.” In 2019, Mnangagwa then pany records in the UK show cant control who resigned from
initially worked with former En- Ncube told The NewsHawsks moved to appoint Ncube the Coven was only established by the company are the Caledonia
ergy minister Elton Mangoma Another source in Johan- the pipeline is wholly-owned by Noic chair to further facilitate Gregor in August last year, ap- Highland Trust and Africa De-
over the deal. Mangoma wanted nesburg added: “When Nelson the government, not Tagwirei. the project. parently for this project only. fence Group Limited. 
to build a regional fuel hub in Mandela was released from jail in “After that, Ncube then en-
Zimbabwe.  February 1990, Gregor returned In the past, Noic had a part- gaged and negotiated with Cross Ncube confirmed that Gregor A check on Highlands Group
A UK source said given his ex- home to South Africa and moved nership with Lonmin, for- and Gregor to establish a 50-50 was part of Mogs and now Co- micro-entity balance sheet as at
perience as a business executive, his headquarters to Johannes- merly the mining division of joint venture between Noic and ven.  30 November 2019, approved
first as Dairy Marketing Board burg. After some time, he sold Lonrho plc,  now acquired by Coven,” the UK source said. “It’s by the board on 26 November
boss, then head of the Cold 51% to Royal Bafokeng Hold- Sibanye-Stillwater, a South Afri- a regional project based in Zim- “We are fully aware that one 2020, shows the company is not
Storage Commission and later as ings (RBH) and they built up ca mining giant, but the shares babwe. So essentially Ncube and of the former top executives of really operating.
chief executive of the Beira Cor- the company to the point where were acquired by the government Cross, working with the Energy Mogs is now with Coven Energy.
ridor Group, which rehabilitat- they were operating drilling ma- after the 2017 coup.  ministry and Noic officials, craft- There is no collusion at all. Mogs It had nominal capital and re-
ed the Beira pipeline in the late chines for the mining oil and gas ed the deal.” on several occasions made over- serves of £100; the same as it was
1980s, Cross was given the task industry as well as building and When Mnangagwa seized Documents show that the tures to Noic and government, in 2018. 
operating storage and pipelines power in November 2017, the but nothing concrete was agreed.
for fuel and gas.” new pipeline project was revived, The question of collusion does Previously, the Highlands
with Cross – who had crossed not arise,” Ncube said.  Group was known as Protected
Mangoma and Cross tabled sides from the opposition to gov- Mobility International between
the project at a cost of US$850 ernment – playing a major role. Details on the UK companies 17 November 2016 and 28 July
registry show that Coven Energy 2017.
However, Tagwirei and busi- Limited — whose registration
It was later known as Lewis
and Clark Group Limited be-
tween July 2017 and 14 April
2020.  Several dodgy deals have
been cut under Mnangagwa’s
watch. 

Asked for details on this, Ncu-
be said: “Please give us time to
work things out.” See Page 3.

Page 50 News NewsHawks

Issue 62, 24 December 2021

OWEN GAGARE Catholic nuns seize control
of US$2m Covid-19 project
CATHOLIC Church nuns,
through Sisters of the Little February 2021. beds. It was supposed to re- wards the reopening of the Greg Sebborn, banker Wil- St. Anne’s Hospital.
Company of Mary (LCM), A number of donations open at full capacity, but it hospital. LCM says it is a son Gwatiringa, business-
owners of St Anne’s Hospi- is operating at below 50% community hospital, but man Darlington Masenda, through the courts, Mutan-
tal in Harare, have acrimo- were received through Sot- capacity. It is also charging charges exorbitant admis- medical practitioner Dr da insists he bought it, but
niously seized control of the zim. CBZ Bank, for in- exorbitant fees for admis- sion fees. Sotzim wanted it is just being dispossessed by
refurbished health facility’s stance,  donated ZW$6 sion,” a source said. to open at full capacity and Ingrid Landman, and government keen to retake
Covid-19 centre from Soli- million. The United States charge much less than it is businesswoman Karen Mu- CAPS after selling it.
darity Trust Zimbabwe (Sot- Agency for Internation- “If one has Covid-19, to doing right now. As a result, tasa.
zim) trustees, their partners al Development donated be admitted at St Anne’s you both parties were not happy A humanitarian source
in a project funded by var- 20 ventilators. There were have to pay US$1 000 up- with each other for various The agreement was for familiar with the issue shed
ious donors, including the many other donations in front for three days without reasons.” a period of three months more light on the story.
United Nations, to the tune cash and kind. medical aid. Thereafter you – from April to June – to
of over US$2 million. also pay another US$1 000 LCM and Sotzim had provide the public with a “The background to this
St Anne’s was supposed for three more days. On top signed a joint venture agree- Covid-19 facility. issue is that when Covid-19
Documents obtained by to get massive donor fund- of that, you pay US$450 for ment on St Anne’s Hospital struck last year, the UN
The NewsHawks show that ing and become a major the doctor for three days. Covid-19 Response Centre LCM and Sotzim got could have left Zimba-
the nuns pushed out Sot- Covid-19 centre for ordi- After that, you pay US$150 on 1 April 2020. support from the Health bwe like what diplomatic
zim trustees after they had nary Zimbabweans and UN a day. ministry, the inter-ministe- and humanitarian agencies
helped raise donations in employees. Sotzim was chaired by rial taskforce on Covid-19, sometimes do, but the UN
cash and kind to complete “If you have no medical prominent businessman Ni- corporates and non-govern- system doesn’t work like
refurbishing and equipping However, due to the fall- aid, you pay US$2 500 up- gel Chanakira and included mental organisations for the that,” the source said.
the hospital which was due out between LCM and Sot- front for three days. After other high-profile figures project.
to reopen after closure in zim the UN, which was also that you US$600 daily if such as deputy chair Mucha “The UN had to stay and
2016. denied special accommoda- you are in critical, high de- Mkanganwi, Pulse Group The hospital had been assist in the fight against the
tion for employees on the pendency and intensive care founder and chief executive, closed after a bitter dispute Covid-19 pandemic. As part
Vice-President Constan- project, stopped funding in units. This is unaffordable disgraced cricket legend over its ownership between of that, UN secretary-gen-
tino Chiwenga, a Catho- February.  for a community hospital. Heath Streak, Tendai Muri- LCM and local businessman eral (Antonio Guterres)
lic, officially reopened the No one, except the rich, can sa, Sivio Institute executive Frederick Mutanda, who is tasked his staff and agencies
hospital last month.  It had, “There were many issues afford that. This issue part- director Sonja De Sa, a real locked in a wrangle over the to establish a first line of de-
however, opened doors to that caused friction and ly caused tensions between estate and travel agent Di- control of pharmaceutical fence, which is national, in
patients in September after tensions. One of the issues LCM and Sotzim during anne Coots, a medical prac- company CAPS Holdings different countries. Amid
a series of clashes, culminat- that led to the collapse of discussions to establish the titioner, business executive to which the hospital issue the raging Covid-19, and to
ing in LCM region leader the partnership was capacity Covid-19 centre and to- Busisa Moyo, entrepreneur is linked. ensure UN staff could con-
Sister Ellen Maseve’s out- utilisation of the hospital. tinue to work where they
burst before humanitarian The hospital has got 100 Although the nuns have were needed, the UN made
dignitaries in August last retained control of St Anne’s arrangements for the provi-
year that the nuns no longer
wanted to work with Sot-
zim.

Informed sources said the
issue has ruffled feathers,
not just of Sotzim trustees
and donors only, but also
those of Robert  Ndlovu,
the Roman Catholic Arch-
bishop of Harare and head
of the church in Zimbabwe,
and the Vatican’s  Apostol-
ic Nuncio (ambassador) in
Zimbabwe Paolo Rudelli.

The sources said the ruc-
tions between the church’s
nuns and the private sector
executives drew the atten-
tion of Ndlovu and Rudelli
who tried to calm down the
situation.

The fallout came against
a backdrop of a cold war
and eventual breakdown of
relations between the part-
ners over a number of con-
tentious issues, including
control of the project, trans-
parency and accountabili-
ty on donations, receiving
assistance from politically
exposed persons, capacity
utilisation of the hospital
and hidden vested financial
interests.

Donations in local cur-
rency reached ZW$19 788
884 and US$2 192 895  in
hard currency. Altogether,
the donations in cash, kind
and human capital topped
US$2 million.

Part of the cash donations
came from the United Na-
tions, through the United
Nations Development Pro-
gramme – its administrative
backbone – and its other dif-
ferent agencies, amounting
to at least US$600 000. Of
that sum, US$447 204.92
was paid before December
2020 and US$200 000 by