Price US$1 Friday 8 December 2023 NEWS Shady financial engineering as Mnangagwa tightens his grip on Treasury Story on Page 4 NEWS US visa sanctions: Mnangagwa’s re-engagement drive off the rails WHAT’S Story on Page 13 INSIDE SPORT ‘I’m sad for Zim and over the moon for Uganda’ Story on Page 52 ALSO INSIDE Suffering masses should free themselves: Mutasa Now fully in charge How President Mnangagwa ruined Zanu PF business empire
Page 2 News NewsHawks Issue 160, 8 December 2023 OWEN GAGARE THE predictable appointment of FBC Holdings chief executive John Mushayavanhu as the incoming Reserve Bank of Zimbabwe (RBZ) governor has completed President Emmerson Mnangagwa’s critical post-election deployments to fix the broken nation, especially the economy. Having consolidated power and taken control of the levers of the state, Mnangagwa recently appointed a new cabinet and senior bureaucrats, securing a free rein to implement his policies, programmes and reforms in his last constitutional term. New impetus is needed to revive the comatose economy and rescue some decent legacy from his messy and blotted record. Mushayavanhu will take over from his namesake John Mangudya whose term expires on 30 April 2024. Mangudya has been re-assigned to the Mutapa Investment Fund, formerly the Sovereign Wealth Fund. A quiet veteran banker who likes operating in the shadows, like the President himself, Mushayavanhu is Mnangagwa’s close business and personal associate for a long time. They have worked together behind the scenes on private sector deals, Zanu PF business networks, including the formation of FBC which was initiated by the ruling party, and in the Democratic Republic of Congo (DRC) through the bank on which they were both directors for the Great Lakes country’s operation. An insider told The NewsHawks Mushayavanhu is considered the final piece of the puzzle by Mnangagwa. “As far as the President is concerned, Mushayavanhu is the best guy to run the central bank and monetary policy; offering new energy and direction. He is part of the bigger solution, the final piece of the puzzle in his team,” the insider said. “Their business network is big and wide, and includes the Joshi family (Manharlal Chiunilal and Jayant Chiunilal Joshi) that Mnangagwa worked with at Zanu PF when he was still party treasurer and secretary for administration. Mushayavanhu worked with the Joshi family at the bank and on the Zuva Petroleum deal when it acquired assets worth over US$29 million from Masawara plc. Masawara had bought the assets from BP & Shell in Zimbabwe. “So Mashayavanhu is part of the network, but he needs to forge good working relations with Finance minister Mthuli Ncube, his deputy Kudakwashe David Mnangagwa and permanent secretary George Guvamatanga. Mangudya struggled with that team.” Mnangagwa’s record of economic management is not impressive. He has not changed anything meaningful since he took charge in 2017. More worryingly, he presided over the collapse of the Zanu PF business empire when he was party treasurer-general and secretary for administration. That backdrop makes his new appointments, including that of Mushayavanhu, unlikely to change anything, especially without a political solution and successful international re-engagement. Zanu PF business empire collapse In 2004, a high-profile Zanu PF politburo committee appointed by the late former president Robert Mugabe to investigate the state of the party's business empire learnt that its companies — supervised by Mnangagwa as administration secretary — were a shambles due to gross mismanagement and corruption. A Zanu PF Report of the Committee on Party Investments, exclusively obtained at How Mnangagwa ruined Zanu PF business empire RBZ l President now fully in charge
NewsHawks News Page 3 1ssue 160, 8 December 2023 the time by the Zimbabwe Independent news editor, now The NewsHawks managing editor, revealed that the companies were riddled with managerial incompetence and corruption which prejudiced the ruling party of billions of dollars and assets. The report said some of the companies had virtually collapsed, while others had not been audited for years and their financial accounts were a complete mess. A ZW$650 million Tregers Holdings cheque for dividend declared on 18 February 2003 for the year ended 31 December 2002 could not be accounted for. The report said it was "inconceivable" that Tregers, in which Zanu PF had 41.96% shareholding, managed to declare a ZW$1.2 billion dividend in four years when its annual turnover was about ZW$150 billion. There were further queries over the murky investment of ZW$120 million in the portfolio investment company M&S Investments by Zanu PF's wholly-owned investment arm, M&S Syndicate (Pvt) Ltd. Zanu PF had interests in public and private companies held through M&S Syndicate (Pvt) Ltd. The ruling party has invested in Treger Holdings, Mike Appel, Catercraft, Fibrolite, closed last December, Zidlee, which failed to take over Delta in 1989 and now runs duty-free shops, Southern African Re-Insurance Company (Sare), Zidco Holdings and First Bank, whose Democratic Republic of Congo (DRC) investment collapsed. Mnangagwa and Mushayavanhu were directors in the collapsed DRC investment. Another company, NamZim, was "closed due to mismanagement and the property was looted by unknown people", the report said. Zanu PF also had interests in National Blankets, Woolworths and Ottawa Building, which were disposed of in unclear circumstances. Furthermore, Zanu PF separately owns Jongwe Printing & Publishing Company, as well as Jongwe and Nyadzonya farms. Some companies' books, for instance those of Catercraft, had not been audited for at least four years and there have been no board meetings for two years. Mnangagwa, who was interviewed twice by the probe committee because he holds sway over the party's network of companies, confirmed the chaos in the businesses by admitting most of the companies have no records. "He (Mnangagwa) said that in most of these arrangements there were no written agreements on the formation of the companies and most of these agreements were done verbally between parties," the report said. "Neither was there an agreement for payment of management fees to the Joshi brothers as these companies were operating as one." Mnangagwa, who sat on nearly all companies' boards, supervised M& SSyndicate with Manharlal Chiunilal and Jayant Chiunilal Joshi. The two were linked to Zanu PF by the party's external secretary Didymus Mutasa and former secretary-general, the late Edgar Tekere in 1979. However, the Joshi brothers and Dipak Pandya fled the country in April shortly after the probe began in 2004. Several Zanu PF officials were quizzed about their escape. Mutasa said at the time the three ran way from being arrested and were in regular contact with him. He said Jayant was believed to be in Dubai, while Manharlal was in Manchester, England. Some of the Zanu PF investments such as in Bindura Nickel Mine were also unclear. Zanu PF had 23% equity in Bindura through the Reserve Bank of Zimbabwe. Further inquiries into this investment were recommended. There are also fears that companies like Tregers could have externalised funds. As a result, the report recommended that "police/law enforcement agents should go into further investigations in order establish any prejudice in terms of revenue to the party on its investments". More investigations were required into the shady M&S ZW$120 million investment, Fibrolite and Catercraft operations, the unaccounted for ZW$650 million Tregers dividend and other dividends declared without audited accounts, as well as Mike Appel's dividend declarations. The report said it is surprising Mike Appel declared a ZW$31 million dividend in 2003, but ZW$250 million that year. Sare and shelf companies like M&S Investments, Segmented Investments through which Zanu PF had a 27% interest in First Bank (now FBC), and Smoothnest Investments, Hutsonville and Amelia Properties, the report said, should also be further investigated. There were also calls for the committee to find out if Zanu PF has interests in Africa Resources, Banco Nationale of Mozambique, DRC Bank and Shabanie and Mashaba Mines. Mushayavanhu faces uphill task Insiders say Mushayavanhu has his work cut out. “The first thing is win the President’s confidence, which he already has. The second thing is win the confidence of Ncube, Kudakwashe Mnangagwa and Guvamatanga,” a source said. “While the economy will record growth of around 4.8% this year and 3.5% next year, Mushayavanhu needs to focus on macro-economic stabilisation and transformational structural reforms.” The perennial issue of currency reform and stability will be one of the biggest challenges he will face. Local-currency inflation and exchange rate pressures have abated in recent months, following significant price increases and exchange rate depreciation in the second quarter of 2023, and volatility is still high. “Will he go further than stabilising the foreign exchange market and lowering inflation through the tightening of liquidity conditions, which is what Mangudya is doing? What will he do to narrow the parallel foreign currency exchange market premium, which is above 30%, and lower inflation which remains high? The fiscal deficit, excluding quasi-fiscal operations (QFOs), is projected at 2.3% of GDP in 2023,” the source said. “It will be important for Mushayavanhu to comprehensively address the RBZ’s quasi-fiscal operations; that remains imperative to mitigate liquidity pressures and thus re-anchor inflation expectations. He needs an enhanced liquidity management framework, including through the use of appropriate interest-bearing instruments by the RBZ to mop up excess liquidity. “Second, the consolidated fiscal stance, including QFOs, should be aligned with the short-term stabilisation objectives. Third, there is an urgent need to accelerate the foreign exchange market reform, by allowing more flexibility in the official exchange rate through a more transparent and market-driven price discovery; removing the restrictions on the exchange rate at which banks, authorised dealers, and businesses can transact; and further minimising export surrender requirements. “Structural reforms aimed at improving the business climate and reducing governance vulnerabilities are key for promoting sustained and inclusive growth and would bode well for supporting Zimbabwe’s development agenda. “Will Mushayavanhu address the resolution of debt overhang, revenue mobilisation, expenditure control, financial supervision, debt management, economic governance, and macro-economic issues?” Government under pressure Zimbabwe is currently under pressure from the International Monetary Fund (IMF), World Bank and African Development Bank (AfDB) to address reforms and debt issues. An IMF staff team led by Wojciech Maliszewski visited in Harare from 18–25 October to discuss recent economic developments and the economic outlook. More recently, on 1 December, IMF director of the African department Abebe Aemro Selassie and the World Bank’s country director for Malawi, Tanzania, Zambia and Zimbabwe, Nathan Belete, were in Harare for meetings with Mnangagwa, Ncube and Mangudya, as well as other officials to discuss the economic situation, reforms and debt issues. President Emmerson Mnangagwa
Page 4 News BRENNA MATENDERE WITH his close business ally John Muyashavanhu now confirmed as the incoming Reserve Bank of Zimbabwe (RBZ) governor, George Guvamatanga as Finance permanent secretary — chief accounting officer of the ministry — and his son David Kudakwashe deputy Finance minister understudying his immediate boss Mthuli Ncube, President Emmerson Mnangagwa has now taken full control of the levers of Treasury. As part of his power consolidation strategy and shady financial engineering plans, Mnangagwa now fully controls the country’s purse strings. The ministry of Finance is the national Treasury, while RBZ is government’s banker. The ministry and RBZ control the country’s financial architecture, banks and other financial services institutions, hence financial intermediation. With his loyalists in charge, Mnangagwa has free rein on fiscal and monetary policies, the financial system and its services, budget process and national revenue and expenditure, as well as assets and liabilities, public entities and state constitutions. His power was recently demonstrated during the recent budget presentation where Ncube revealed he was merely delivering his boss’ spending plan. The controversial commandeering of state enterprises and public assets into the Mutapa Investment Fund (MIF) without following constitutional and legal processes also helped to demonstrate the President’s octopus grip on public affairs. On Mnangagwa’s watch, the government and his close allies are tightening their grip on CBZ Holdings, the country’s largest financial services institution running the biggest bank. As first reported by The NewsHawks two years ago, the project is gathering momentum. On 3 September 2021, we exclusively reported that the government, bankers and investors, including local business tycoon Kudakwashe Tagwirei, are working on a plan to create the biggest financial services institution in Zimbabwe, with an asset base of over US$2.5 billion. Now the deal — which will change the financial landscape of the country — is in the process of being consummated. The core of the project will involve merging leading financial institutions, including CBZ Holdings, ZB Financial Holdings, First Mutual Holdings Limited (FMHL) and First Mutual Properties (FMP). The new institution — which will have a footprint on local and regional markets — will involve serious financial engineering and megabucks. It will have five major divisions: banking, insurance, investment, property and agriculture. The merger and subsequent consolidation process were led by outgoing CBZ chairperson Marc Holtzman, an American international banker, who was appointed on 1 September 2019. In a notice to shareholders this week, CBZ announced the departure of Holtzman and chief executive Blessing Mudavanhu. Luxon Zembe is now acting chair, while Lawrence Nyazema is acting chief executive. The shock departures come as CBZ has assumed a controlling stake in ZB in a transaction that strategically positions it to increase capacity and dominate the market. As part of its growth and expansionary drive, CBZ has already concluded a 31.2% purchase in FMHL from the former majority shareholder, the National Social Security Authority (Nssa), which once held 65.5% shareholding. Apart from that, Mnangagwa’s government also has plans to merge six financial institutions into three big ones in a consolidation process different from the CBZ, ZB, FMHL and FMP one. The other mergers being considered involve a merger of FBC, in which Nssa is the single largest shareholder, and National Building Society (NBS), a wholly-owned Nssa subsidiary. Although Mushayavanhu, Guvamatanga and the President’s son are professionals in their own right who deserve to serve in public positions if they have relevant qualifications and experience, they were not appointed strictly on meritocracy, but mainly on patronage. To Mnangagwa, ethnicity, clansmanship and loyalty also matter a lot. Some enlightened and exposed Zimbabweans rightly frown upon ethnic politics, preferring the meritocracy model which has a proven track record of building prosperous nations such as Singapore, China and other southeast Asian economic tigers, for instance, but the reality is under Mnangagwa villagisation of government is now a political project and an undeclared public policy. In the process, Mnangagwa’s murky clan networks and shady arrangements have penetrated and taken control of state institutions. The late former president Robert Mugabe did it as he positioned his own people to run government and establish political hegemony that kept him in power for 37 years, but Mnangagwa is brazen about it – he has taken clan politics to a new level. His clan-based appointments and patronage system; stripping state assets to feed his clan networks, while crowding out other mechanisms of diversity and national representation, have intensified since the August general elections. Mnangagwa’s cabinet appointments, civil service deployments and control of strategic positions have placed his clansmen from the Midlands and Masvingo in control, fuelling undesirable ethnic tensions. Mnangagwa's programme of villagisation of government through systematic ethnicisation of state institutions to ensure political and ethnic supremacy gathered momentum recently when he brought in Gutu West MP John Paradza as Environment, Climate and Wildlife deputy minister and former Midlands minister of State Larry Mavima as Public Service Commission boss against the backdrop of the appointment of a village cabinet. Paradza’s position was kept for him until after the delayed election in his constituency. The poll had been postponed as required by the law beyond the general elections due to the death in a road accident of independent candidate for Gutu West, Christopher Mutonhori Rwodzi . The President reserved the position for Paradza. Mnangagwa recently came under fierce attack following the controversial elections after which he threw wide open the floodgates for ethnic and political cronies, and relatives to get into government through the village cabinet. Zanu PF has a long history of politicising and weaponising ethnicity to secure and retain political power. Mnangagwa’s appointments undermine formal institutions, and create an underworld coterie of self-serving networks best understood as clan politics. Mushayavanhu’s appointment falls neatly into that pattern. President Emmerson Mnangagwa’s close business ally and incoming RBZ governor John Mushayavanhu NewsHawks Issue 160, 8 December 2023 Shady financial engineering as Mnangagwa tightens his grip on levers of Treasury
News Page 5 It was an appointment that was an open secret in terms of its inevitability. Every informed Zimbabwean knew Mnangagwa would appoint Mushayavanhu, currently FBC Holdings (FBCH) chief executive, the new RBZ governor once the incumbent John Mangudya completes his term on 30 April 2024. Even well before Mnangagwa became President, it was also known that once he took over — which subsequently happened through a coup in November 2017 — there were certain individuals who would occupy senior political, bureaucratic and technocratic positions in his government. Mushayavanhu was one of them. He is part of the inner circle. Mushayavanhu is Mnangagwa’s close political, business and personal associate. Some say they are also related. Out there, Mushayavanhu is known as Mnangagwa's close and trusted business associate, having worked with him in the nexus between Zanu PF companies, local business circles and the Democratic Republic of Congo (DRC) investment adventures during the Congo War from 1998-2002. Mnangagwa — Mugabe’s point man on the war even though he was not Defence minister then — and Zimbabwe’s military networks through Operation Sovereign Legitimacy (Osleg) and associated companies were accused by the United Nations of looting in the DRC. In 2008, the United States sanctioned Thamer Bin Saeed Ahmed Al-Shanfari, an Omani national with close ties to the Mugabe regime and his top officials then, as well as his company, Oryx Natural Resources, which mined diamonds in the DRC. Zimbabwe’s military company Osleg (Pvt) Ltd was also sanctioned. Al-Shanfari has since fled Zimbabwe running from some unresolved local crimes. Given his closeness to Mnangagwa, Mushayavanhu was certain to replace his namesake John Mangudya. Before that, Mnangagwa’s political allies were so impatient such that they wanted Mushayavanhu to replace Mangudya in 2019 when his first term ended. There was a big fight for Mangudya to get a second term. Mnangagwa however allowed Mangudya to finish his term. The President reportedly has a soft spot for Mangudya. That is why he has appointed him the new chief executive of the Mutapa Investment Fund, formerly the Sovereign Wealth Fund headed by his former central bank deputy Khuphukile Mlambo. The Mutapa Investment Fund has taken over more than 20 state enterprises, becoming a super-parastatal, a behemoth. That gives Mangudya a new powerful position, much more influential than the RBZ job despite the opaqueness of the arrangement. Even Mangudya's new role was already wellknown in the market months ago. The NewsHawks and many other people had heard of it months before its official confirmation. Yet it is Mushayavanhu's new appointment that has further shown how Mnangagwa operates in the shadows. He is surrounded by cronies, close relatives and friends — clansmen. Mushayavanhu hails from Masvingo and fits the bill. Interestingly, his appointment was announced by Mnangagwa’s relative Martin Rushwaya, Chief Secretary to the President and Cabinet. Rushwaya replaced another Mnangagwa relative Misheck Sibanda from the Midlands appointed by Mugabe who also practiced the same politics as his successor. Mushayavanhu worked with Mnangagwa in the DRC and the President's close business allies — the Joshi family (Jayant, Manharlal, Ketan and Heena) which was embedded in mostly defunct Zanu PF businesses — on deals involving the Zuva Petroleum takeover from Masawara, owned by local tycoon Shingi Mutasa, in 2014. The Joshi family was put in Zanu PF businesses by Mnangagwa when he was Zanu PF treasurer in the early years of Mugabe’s rule. The Masawara and later Zuva assets were initially owned by the London headquartered oil and gas multinational, BP & Shell. Mushayavanhu executed the US$29.3 million Zuva deal on behalf of the Joshi family through his Wobble Investments. Glencore, one of the largest global diversified natural resource companies in the world, funded the convoluted transaction. Mnangagwa lurked in the shadows of the transaction. More recently, Mushayavanhu led the acquisition of Standard Chartered Bank assets in Zimbabwe by FBCH, a Nssa-controlled financial services group with strong Zanu PF links. Under the agreement, FBCH will acquire 100% of the shareholding in Standard Chartered Bank (Zimbabwe) Limited and, by extension, the custodial services business that is wholly owned by the local British bank subsidiary. As part of the agreement, FBCH will also acquire the economic interest in Africa Enterprise Network Trust whose main asset is 20.7% shareholding in Mashonaland Holdings. FBCH will continue to employ all of Standard Chartered’s employees. The two banks will work closely in the coming months to provide a seamless transition for its clients and staff. Mushayavanhu said the acquisition enables FBCH to consolidate its banking market share, customer base and market competitiveness in a rapidly changing banking landscape. Mushayavanhu said: “We are pleased to sign this agreement today and to have been selected by Standard Chartered Bank as the preferred buyer. Standard Chartered is a leading regional and international bank with more than 150 years of experience globally. The bank has been present in Zimbabwe for more than 130 years. Equally, FBCH is a leading financial services group in Zimbabwe and the region, with interests in commercial banking, insurance, re-insurance, micro-finance, stockbroking and mortgage finance. The combined strengths of the two institutions will enable us to better respond to the ever-changing requirements of our clients." In April 2022, Standard Chartered strategically decided to divest from a number of markets, namely Lebanon, Angola, Cameroon, Gambia, Sierra Leone, Zimbabwe and Jordan, and to exit the Consumer Private and Business Banking business in Côte d’Ivoire and Tanzania. The bank announced its sale of its business in Jordan earlier in March this year. A career banker, Mushayavanhu has over 30 years' experience in the financial services sector, gained through senior positions in corporate and retail banking he held with the local bank. He joined FBC Bank, which has links with murky Zanu PF business interests, as an executive director in the corporate banking division in October 1997. It was still called First Banking Corporation, running First Bank. After it was rebranded FBC Holdings in 2004, he was appointed managing director and deputy group chief executive. He then became chief executive of FBC Holdings in June 2011. He is past president of the Bankers' Association of Zimbabwe and he sits on many boards. FBC's roots are traceable to Zanu PF. Zanu PF shelf companies had a combined 32.05% stake FBCH) which controlled the then First Bank, Southern Africa Reinsurance (Sare), and troubled National Discount House. The shareholding in FBCH was initially structured as follows: Segmented Investments 13.76%, Hustonville 4.36%, Amelia 3.54%, Tescrom 3.54%, M&S 3.06%, Smoothnest 3.06% and Ryobi Investments 0.82%. Before the transformation, Zanu PF was represented in First Banking Corporation through AM Treger and Zidco Holdings, which held 13.5% each. M&S Investments and Smoothnest Investments had a combined shareholding of 37.84% in Sare, split equally between the two shelf companies used for sanctions busting by the ruling party. Zanu PF formed FBC because it wanted a bank to rely on whenever it needed to borrow money. It used to borrow money from the CBZ Bank, which then came under South Africa's Absa financial services group, closing the credit tap. CBZ Bank is now once again under Zanu PF and government sphere of influence after Absa divested. Mnangagwa’s government is supervising the new CBZ project. Zanu PF representatives in the bank were Jayant Joshi standing in for AM Treger and Dipak Pandya for Zidco Holdings, a company in which the ruling party had an interest. First Bank, later FBC, had a management contract in the DRC, which later collapsed. The directors of First Bank DRC were Mnangagwa, then Zanu PF secretary for administration, Livingstone Gwata, Webster Rusere, Dipak Pandya and Mushayavanhu. Mushayavanhu's appointment to Reserve Bank of Zimbabwe governor is a culmination of a long history of networks, loyalties and a manifestation of a web of an intersection of political, business and personal interests, compounded by the running thread of clan politics. Government and Mnangagwa’s close allies are tightening their grip on CBZ Holdings. NewsHawks 1ssue 160, 8 December 2023
Page 6 News NewsHawks Issue 160, 8 December 2023 NATHAN GUMA THE controversial weekend by-elections were significant for two main things: They gave the ruling Zanu PF a two-thirds parliamentary and a return to Bulawayo from rural exile. The polls brought back Zanu PF in Bulawayo with more than one seat for the first time since 2000 — courtesy of opposition activist Sengezo Tshabangu who caused the polls through recalls of popularly elected MPs and other people's representatives. Zanu PF, now a rural party since 2000 due to its political and economic governance failures, had been wiped out of Bulawayo in the August general elections. Prior to that, Zanu PF had one seat in the city — Bulawayo South. Now Zanu PF is back with three seats handed over to them by Tshabangu. In Harare, Tshabangu also handed over Mabvuku-Tafara to Zanu PF, further exposing what his real agenda is. Initially acting out of blind rage and vindictivenesss over the issue of candidates imposition, Tshabangu is clearly now working with Zanu PF, government and state security forces, as well as bitter individuals to help the ruling party get a two-thirds majority via the back door to change the constitution as they wish. In total, Zanu PF got seven new more seats after the Tshabangu fiasco. Zanu PF added Beitbridge West, Nketa, Cowdray Park, Bulawayo South, Lupane, Binga North and Mabvuku-Tafara to their tally, securing a twothirds parliamentary majority. The new Zanu PF MPs are: *Thusani Ndou (Beitbridge); *Arthur Mujeyi (Cowdray Park, Bulawayo); *Albert Mavhunga (Nketa, Bulawayo); *Raj Modi (Bulawayo South); *Pathisiwe Machangu (Lupane); *Muchimba Chineka (Binga North); and *Pedzai Scott Sakupwanya (Mabvuku-Tafara). Tshabangu's CCC faction won in Lobengula-Magwegwe (Tendai Nyathi Chitura) and Mpopoma-Mzilikazi (Charles Moyo). In the end, Zanu PF benefitted more, while CCC was barred from contesting. Democracy was the biggest loser. As critical lessons drawn from by-elections begin to emerge and be publicly interpreted meaningfully to shed insight into recent political events, the controversial polls completely exposed posturing activist Tshabangu's fallacies and wilful falsehoods that he represents the interests of the people sidelined in the main opposition CCC led by Nelson Chamisa. One constituency particularly showed that Tshabangu was completely out of touch with reality and has been lying to the people about his real agenda. In Cowdray Park, Bulawayo, all candidates that Tshabangu — who is unelectable himself — fielded claiming they were from the people and were sidelined, lost heavily in the election that was not even competitive in the absence of arbitrarily recalled and disqualified CCC candidates who always win in towns. Courtesy of Tshabangu, now Cowdray Park constituency has ended up in the hands of Zanu PF under Mujeyi. Tshabangu removed the CCC's popular MP Pashor Raphael Sibanda from the constituency. Sibanda defeated Finance minister Mthuli Ncube in the August general elections. What transpired in Cowdray Park has simply benefitted Zanu PF, while robbing CCC and undermining democracy - thanks to Tshabangu and his opportunistic handlers. To further demonstrate that Tshabangu has no support among the people, councillor Nkosinathi Hove-Mpofu who was recalled has been re-elected by the residents of Ward 6 in Cowdray Park. People know who they want. Tshabangu's agenda is not to fix main opposition CCC internal democracy problems — which are there — but to help Zanu PF get a two-thirds parliamentary majority to change the constitution as they wish for their own political ends, and then name the price himself for personal benefit. Tshabangu brings back Zanu PF in Byo amid two-thirds majority In Harare, self-proclaimed CCC secretary-general Sengezo Tshabangu also handed over Mabvuku-Tafara to Zanu PF. Pedzai Scott Sakupwanya is the new MP. — Picture: Aaron Ufumeli
NewsHawks News Page 7 1ssue 160, 8 December 2023 BRENNA MATENDERE SENGEZO Tshabangu’s crusade, which started as a protest over how the selection of Citizens' Coalition for Change (CCC) candidates led by Nelson Chamisa was done, is now a fully blown Zanu PF project supported by the state security apparatus. He no longer has control over it. Tshabangu is now effectively claiming to be leader of the CCC, saying all the MPs of the party formed in January 2022 are his and those who joined Chamisa’s party after August 23 this year deserve to be recalled, which is a bizarre argument because Chamisa contested the elections. Critics of Chamisa like former cabinet minister Jonathan Moyo are also now parroting the bizarre argument. “The High Court in Harare has this morning granted CCC and its interim secretary-general, Sengezo Tshabangu leave to execute, pending appeal, the judgment handed down by Justice Never Katiyo in HCH 7543/23 to expunge from the ballot papers the names of the recalled Chamisa party MPs for the 9 December by-elections,” announced Moyo on X on Friday. “The recalled MPs automatically ceased to be members of CCC, founded on 22 January 2022, when they joined Chamisa’s party formed after the 23/24 August 2023, based on a threepage constitution centred on Chamisa as the only office-bearer with sole power to give or assign tasks to everyone else.” All this is now the making of Zanu PF morphing into state manoeuvres to take over the opposition CCC in the same manner they did in grabbing the MDC-Alliance using Douglas Mwonzora. In the High Court case in which the CCC was challenging the jurisdiction of Tshabangu to recall party members, the latter said he was in power because of a flawed transition process from the MDC-Alliance to the CCC. “On 21st of February (later corrected to January) 2022, when the MDC rebranded itself into CCC. CCC did not come from the blue, it morphed from MDC-A into CCC, so that is where the genesis of everything is. That’s where all these office bearers came from. That is why even Nelson today will say he is the president of the party,” said Nqobani Sithole representing Tshabangu in court. “If one would want to be sincere, I don’t think there is anyone who has voted him to be the president of CCC in an election within CCC. There is a process that led to that and it is that process that gave birth to all these other office bearers into power . . .This is something new that has popped up just because certain individuals are trying to run away from a certain position.” Tshabangu has been aided by Speaker of Parliament Jacob Mudenda and the courts to dismantle the opposition. His actions are effectively assisting Zanu PF to get the desired twothirds majority. Tshabangu has a varied political career that is shown in his involvement with a number of parties and events. He was once a district chairperson in Matabeleland North during the days of the MDC led by the late Morgan Tsvangirai. He also became a secretary in the same province. From there, he went with Tendai Biti during the split, which saw them forming the People’s Democratic Party. Last month, he was caught lying that Zanu PF as a party was not involved in the Gukurahundi genocide, yet it is now common cause that the killings were a joint criminal enterprise between senior ruling party and top government leaders as well as security agencies, especially their commanders and leaders. Zanu PF's central committee meeting of 31 December 1982 decided to unleash Gukurahundi in Matabeleland and parts of the Midlands in pursuit of a one-party state agenda and narrow ethnic hegemony. This is well-documented by independent historian Stuart Doran in his groundbreaking book, Kingdom, Power, Glory: Mugabe, Zanu and the Quest for Supremacy, 1960–1987, which is the most comprehensive historiography of Zimbabwe’s formative years and is essential reading for anyone hoping to understand the late former president Robert Mugabe's reign and ambitions in that regard. Tshabangu, as purported CCC interim secretary-general — which has been dismissed by Chamisa and his supporters as fake — drew brickbats when he said only he and two others, Mbuso Siso and Jabulani Ncube, were the ones empowered to sign nomination papers on 7 November for the parliamentary by-elections of 9 December. Tshabangu crusade a Zanu PF project Self-proclaimed CCC interim secretary-general Sengezo Tshabangu has been aided by Speaker of Parliament Jacob Mudenda and the courts to dismantle the opposition.
ZIMBABWEAN courts, which should exercise neutrality and impartiality at all times, have backed Sengezo Tshabangu who claims to be Citizens' Coalition for Change (CCC) interim secretary-general, giving him an edge in the fight to destroy the opposition while ensuring that the ruling Zanu PF gets a two-thirds majority. The then little known Tshabangu became infamous in October this year, a month after the country's general elections which saw President Emmerson Mnangagwa and Zanu PF winning the disputed election, which observers said fell short of democratic standards. Zanu PF however failed to get a two-thirds majority which Mnangagwa desperately needs to ammend the constitution as he weighs up running for a third term. The CCC won 104 seats in August. Mnangagwa, Zanu PF, Parliament, the courts and other state actors have however taken advantage of discontent in the CCC over candidate selection and lack of constitutionalism in the party. Tshabangu's first strike Tshabangu wrote a letter dated 3 October to Speaker of Parliament Jacob Mudenda and Local Government minister Winston Chitando recalling 15 MPs and eight senators. One of the MPs escaped the noose after Tshabangu wrongly spelt her name in his letter to Mudenda. CCC leader Nelson Chamisa then wrote to Parliament telling Mudenda that Tshabangu was not known in their party and had no authority or powers to recall their members. The message fell on deaf ears and Mudenda acted on Tshabangu's letter confirming vacancies to the Zimbabwe Eloctoral Commission (Zec) and announcing the recalls in Parliament on 10 October. Legal proceedings ensue Left with no option, the affected lawmakers rushed to court where they filed an urgent chamber application challenging their recall. The MPs argued that they never ceased to be CCC members. They refuted claims that Tshabangu was a CCC member. On 11 October, protesting the recalls, the CCC announced it had disengaged from the National Assembly, Senate and Local Government. Chamisa issued a 14-day ultimatum for the recalls to be reversed, threatening to withdraw his party’s legislators from Parliament. Zanu PF ignored the threat. Tshabangu's second victory The High Court challenge was heard by Justice Munamato Mutevedzi who ruled on 4 November that the 14 MPs and 8 senators had failed to prove their case. The judge concurred with Tshabangu’s argument that the applicants' case had a weak foundation. "Just like it is difficult if not impossible for a man to impugn the paternity of his brother without directly involving the parents, it is naïve for a member of a political party to approach a court seeking to prove that another is a non-member of the same party without the involvement of the political party itself," noted the judge. "A closer reading of section (1) (k) would show that nowhere in it is the Member of Parliament accorded any active role. "The power of recall from Parliament created by s129(1) (k) of the constitution is reposed in the political party to which the Member of Parliament belonged at the time of the election. "It is that concerned party which recalls a Member. By parity of reasoning the Member cannot contest his/her recall against any other person without joining the concerned political party," he said. Justice Mutevedzi went on: "Put in another way, the parasite-and-host relationship described above is not removed by the allegation that there is an intruder or an insurgent who has come between the concerned political party and the Member and has arrogated himself the political party’s entitlement." Mutevedzi said the political party cannot abdicate the responsibility to approach the courts, broach the subject and seek redress in terms of section 129(1) (k) to reclaim its right. He said where the concerned political party does not agree with the recall, it is of necessity required to contest the lawfulness or otherwise of a recall in court. "A recalled Member of Parliament cannot come to court alone, drag in a third party and choose to ignore his/her political party." The judge said given all this, what stands out is that Tshabangu’s letters to the presiding officers of Parliament satisfied all the requirements under section 129(1) (k) of the constitution. In addition, he attached annexures "ST2", a document addressed to the third respondent which showed that he was designated by the CCC as its officer. "There is nothing to rebut that other than the belated and discredited letters of Nelson Chamisa. "He went out of his way to prove what he ordinarily was not required to prove. "The applicants failed to produce their party constitution or any document which showed that the first respondent could possibly not How courts aided Tshabangu’s CCC demolition job: A timeline Self-proclaimed CCC interim secretary-general Sengezo Tshabangu Page 8 News NewsHawks Issue 160, 8 December 2023
have held the position he claimed he held. "It was simply their word that he wasn’t. That is not enough. "Contrary to counsel’s allegation that Tshabangu conceded that he was not a member of the CCC party, his opposing affidavit has claims in innumerable paragraphs saying he is a bona fide member and official of that party with authority to write correspondences of recalls like he did. "The onus to prove entitlement to the declaratory orders sought was on the applicants. "They did not even begin to discharge it. They have not established their case on a balance of probabilities as required by law and are therefore not entitled to the declaratur which they seek. "The other relief was consequential upon the grant of the declaratur. It should also fail," he ruled. This paved way for by-elections held on Saturday. After losing the case, a Supreme Court appeal was noted against Mutevedzi's judgement. The recalled MPs also filed a court application seeking an interdict to block Tshabangu from further recalling CCC members. However, Tshabangu recalled 18 more members on 14 November. High Court judge Tawanda Chitapi however granted the party interim relief blocking Tshabangu from further recalling CCC MPs. However, the court order was not handed down in time to save the second bunch Tshabangu had recalled. On the other hand, the nomination court sat on 7 November and the recalled 22 successfully filed their papers with Zec, having lost their seats after Mutevedzi backed Tshabangu. Tshabangu was not happy. Tshabangu's third attack As the recalled legislators filed an appeal at the Supreme Court, Tshabangu filed a High Court application seeking to block the 23 affected members from contesting under the name CCC. His lawyer, Advocate Lewis Uriri, insisted that it was wrong for the candidates to run under the CCC banner when the court had confirmed that they ceased to be members. Before the case was heard, the Supreme Court appeal was heard last week, to Tshabangu’s advantage. Tshabangu scores another victory The appeal collapsed before it was even argued after it emerged that papers were wrongly filed. This placed Tshabangu in a better place once again. A bench chaired by Justice Joseph Musakwa on 1 December found that the appeal was incorrectly filed because other critical parties were not cited in the appeals before striking them off the roll. “It is common cause that the court aquo handed down a unitary judgement. Parties before the court aquo were supposed to be the same before this court, as such the court agrees with Mr Uriri. The court is of the view that the notices of appeal are fatally defective. Consequently, there is no appeal before this court,” said Musakwa. The MPs and senators had filed separate appeals before the Supreme Court. This was despite that a unitary judgement was handed down by the High Court. The MPs did not cite senators in their application and on the other hand the latter did not cite the lawmakers. Advocate Uriri argued that this was a fatal technical error, an argument which was upheld by the court. “At a case management meeting, all the parties consented to the consolidation of the applicants because the relief sought was similar. The effect is that the two matters became one, so when judgement is rendered one may not undo the consolidation and appeal as if they are two different matters, which is what the appellants have done." Advocate Thabani Mpofu, who was representing the MPs, had argued that: “There is no rule of the court that is offended by the non-joinder of senators.” Advocate Amanda Ndlovu, representing the senators, said they still have a chance to fight. “What that means is to say go and correct that and the appellants still have an opportunity to re-file their appeal in a manner which complies with the rules of this court,” she said. The major blow On Wednesday the matter in which Tshabangu was seeking to have the 23 removed from the ballot was finally heard by High Court judge Never Katiyo. The CCC and Tshabangu were cited as the first and second applicants respectively. In a turn of events, the Nelson Chamisa-led CCC also sought to be joined in the proceedings. Arguments became tense, with the judge stating that the matter was now confusing, considering that there were two CCCs, which is the same party but cited as an applicant as well as a respondent. "They were recalled and as a result by-elections were called for. We submit that Zec should not have accepted nomination papers of recalled members without confirmation of their restoration to the party," said Uriri. Uriri insisted that the CCC which joined the proceedings was bogus. "There was one CCC before Munamato Mutevedzi (the judge who dismissed the MPs appeal before the High Court) not two. "An allegation was that Tshabangu was an impostor. That allegation failed. This court found the recall was not false. This court, having validated that recall, it was not proper for them to file papers under the same party." In response, Alec Muchadehama, representing the recalled MPs and senators, said the High Court had no jurisdiction to hear the case. "It is an electoral matter which ought to have been filed in the Electoral Court." He also said Tshabangu's request had been overtaken by events. "Ballot papers have already been printed and sent to constituencies in readiness for the election. All systems are now in place for the election to be heard. To take submissions already overtaken by events will be pointless." Agency Gumbo, representing tje CCC, complained that the application was being smuggled through the backdoor. "I submit that this application must fail. This application is full of misrepresentations and fake lies. A litigant who brings false information to the court to seek protection should be frowned upon. "The first applicant makes a claim that respondents were sponsored by CCC which has Tshabangu as its interim secretary-general, which is false,” he said. The judge interjected, stating that the lawyers were contradicting themselves. “By your own submission you seem to be recognising Tshabangu as not bogus but a member who belongs to another party also called CCC. If there was no constitution, why then did you call him an impostor?" The judge also queried why there was only one political party before his colleague Justice Mutevedzi when the recalled MPs challenged their recall. He said parties were making it difficult for him because there was nothing much to distinguish the two CCCs. Uriri in his closing submissions also said the respondents were seeking to confuse the court. “They even categorically stated that they had reported him to the police, yet now they are making allegations of two political parties,” he said. Justice Katiyo however ruled in favour of Tshabangu without giving full reasons for his ruling. Tshabangu’s major score Katiyo ordered that the 22 be removed from the ballot and left out Munyaradzi Kufahakutizwi who was contesting against Zanu PF's Pedzai "Scott" Sakupwanya. Earlier reports claimed that Tshabangu had excluded him on his ballot challenge application because it was never his intention to recall him. His lawyers also said they only took instructions from their client and did not know why Kufahakutizwi was not included in the court application. Dramatically, on Friday Katiyo released another judgement, including Kufahakutizwi on the list of those who were to be removed from the ballot. The CCC had noted an appeal against Katiyo's ruling at the Supreme Court and it is yet to be heard. The High Court again sat until midnight on Friday after Tshabangu applied for leave to execute Katiyo's judgement pending the Supreme Court ruling.The noting of an appeal at law suspends execution of a judgement being appealed against. Justice Isac Muzenda found for Tshabangu, confirming that the 23 could not stand in Saturday’s by-elections. — STAFF WRITER. NewsHawks News Page 9 1ssue 160, 8 December 2023
NATHAN GUMA GOLD baron Pedzai “Scott” Sakupwanya — who is close to President Emmerson Mnangagwa and his sons — has risen to become a legislator, despite losing in the 23 August general elections, after splashing cash and goodies to restive residents of Mabvuku-Tafara in an ostentatious campaign. This week, the Zimbabwe Electoral Commission (Zec) blatantly facilitated daylight robbery of Mabvuku-Tafara voters by imposing Sakupwanya, a Zanu PF candidate, to replace the popular Munyaradzi Kufahakutizwi, from the main opposition Citizens' Coalition for Change (CCC), who was recalled by the impostor secretary-general, Sengezo Tshabangu. In August, Sakupwanya lost the Mabvuku parliamentary seat to Kufahakutizwi, despite a trailblazing campaign characterised by cash and goodies, showing the nexus between money and the the electorate’s needs and wants. The highlight of Sakupwanya’s campaign was the visit to Mabvuku by the multi-million-dollar former world boxing champion Floyd Mayweather Jr, ostensibly to promote the sport in Zimbabwe. But Mayweather appeared to be canvassing for Sakupwanya and Zanu PF during his brief visit. Kufahakutizwi was popularly elected MP in the August general elections, but was this week removed through recalls coordinated by controversial activist Sengezo Tshabangu who is widely believed to be working with the ruling party, state security agents, embittered political opportunists, the executive, Parliament and the judiciary. The Mabvuku-Tafara issue has deceit and blood spattered all over it. After Kufahakutizwi had been recalled, the inconsistent and incoherent Tshabangu said it had been done by mistake. So, the CCC candidate went to court to confirm his eligibility in the by-election, but the same Tshabangu opposed his move. Meanwhile, Zec jumped in and said Kufahakutizwi had also been disqualified by the High Court. Through that web of deceit and gas-lighting the public, Zec declared Sakupwanya duly elected unopposed, indicating brazen fraud. In the run-up to the by-elections, Kufahakutizwi's campaign pillar Pastor Tapfumaneyi Masaya was abducted and murdered in cold blood by brutes said to be connected to Sakupwanya. While Masaya’s family, relatives and friends expected the police to play their part beyond just recovering the body, little has been done to bring closure to his callous murder. Even though police were given names of the suspects, they have done nothing about it, with the suspects still roaming the streets, yet police were given the names of the Zanu PF-connected assailants, some of them with links to Sakupwanya himself. Eventually, Sakupwanya is now MP through brazen fraud and blood-spilling typical of Zanu PF throughout its history. Bloodshed To fund his campaign, more blood has been shed through mining operations at Redwing Mine in Manicaland where his company Better Brands has been extracting gold under controversial circumstances, endangering the lives of artisanal miners who are being subjected to horrific working conditions. The mine, formerly under Metallon Gold (Pvt) Ltd, is now occupied by Sakupwanya and some senior civil servants. He used proceeds from the mine to build a war chest for President Mnangagwa in the 2023 general election. Better Brands (Pvt), with over 132 claims in Penhalonga alone, currently manages mining and milling operations at Redwing Mine. The company contracts artisanal and smallscale miners to extract and surrender ore to them, which has become a new mining model, as the company seeks to reduce operational costs. Villagers and civil society organisations operating in Penhalonga have been complaining about the increase in the deaths of gold panners, with 26 dying at Redwing Mine in January alone. In January, the Environmental Management Agency (Ema) moved in to briefly halt operations over fatalities and environmental degradation concerns, but the resumption of operations in March saw more miners dying. While the reasons behind the deaths have varied, the director of the Centre for Natural Resource Governance (CNRG), Farai Maguwu, told The NewsHawks in April: “That entire enterprise is something that is operating against our environmental laws. There were two deaths that were recorded last week because of the unsafe mining practices, whereby when they go down digging, there are some chemicals that produce very toxic gases.” “So, when people go in there, and they do not have these oxygen tanks, they get intoxicated and die instantly. That is how the two guys died last week. And then, you have the environmental destruction whereby these people operate outside the law. They do not reclaim their pits after they finish mining,” Maguwu said. Better Brands has also been minting money from the government’s Gold Incentives Scheme (GIS), which has been used to fund the ostentatious political campaigns. In 2021, Better Brands pocketed US$460 million in revenue at the expense of artisanal and small-scale miners. Sakupwanya got 5% for every 20kgs of gold delivered by artisanal miners. Mining activity by artisanal miners working under Better Brands has been leaving a trail of destruction, with hazardous chemicals being deposited into Penhalonga’s Lake Alexander which supplies over 25% of the City of Mutare's drinking water, sparking fears of a health hazard. Illicit miners in the area have been engaging in alluvial gold mining, which has seen the unchecked use of mercury and cyanide, both used in the extraction of gold. Dirty gold Sakupwanya was also exposed in the explosive Gold Mafia documentary by Qatari news channel Al Jazeera as President Mnangagwa’s runner, who helped him to build a war chest for the 2023 elections. The scandal exposed how well-knit syndicates — all linked to Mnangagwa — have been involved in money laundering and gold smuggling with government collusion. In the investigation, which shows how Zimbabwe is losing at least 200 kilogrammes of gold per month, controversial prophet Uebert Angel phoned Sakupwanya and offered him money from undercover reporters posing as gangsters, so that he buys gold. He accepted the offer, promising 10% interest. Asked how he could transfer profits to the undercover journalists by Angel, Sakupwanya said he could transfer money anywhere in the world. In the call, he also claimed to have sold six tonnes of gold in 10 months. “I guess I can do 10% per month. It depends on where are they from (the investors). If they are from Dubai, I can pay into their Dubai account. Anywhere. Anywhere in the world I can manage to transfer. Not a problem for me,” Sakupwanya says in the phone call. According to Angel, who was keen on ensuring that the job to launder money did not go to Ewan McMillan so that he remained in control, Sakupwanya has managed to keep his wealth, proceeds of gold, due to his loyalty to Mnangagwa. “Because he is (pointing above, to indicate that he is Mnangagwa’s man) … and the President,” Angel said in the documentary. He said Sakupwanya had surpassed his former boss and smuggler MacMillan, even taking over his moniker “Mr Gold” to become "The New Mr Gold". “He is the biggest gold buyer in Zimbabwe. He is right there, he’s in his house sitting on five million,” says Angel while showing undercover journalists a picture of Sakupwanya on his phone. “This guy used to clean (Ewan) MacMillan’s car. MacMillan was the one that he worked for. Scott is number one. Number one without doubt. We can call him right now.” Sakupwanya’s empire built on fraud, blood, dirty gold Gold baron Pedzai “Scott” Sakupwanya Page 10 News NewsHawks Issue 160, 8 December 2023
NewsHawks News Page 11 1ssue 160, 8 December 2023 CRISIS in Zimbabwe Coalition (CiCZ) chairperson and former Zimbabwe Congress of Trade Unions (ZCTU) president Peter Mutasa (PM) was awarded the International Trade Union Confederation Africa (ITUC-Africa) Award for his exploits in trade unionism. Mutasa has been an outspoken voice representing the country’s workers, whose livelihoods have been severely blighted by the worsening socio-economic crisis. The NewsHawks reporter Nathan Guma (NG) caught up with Mutasa, as he reflected on his journey, the state of trade unionism after the 2017 military coup. He also spoke about abductions, while giving his outlook on workers’ quality of life against an anti-people 2024 National Budget recently presented by Finance minister Mthuli Ncube. NG: Congratulations on winning the latest award. How do you feel being recognised internationally for your exploits in trade unionism? PM: Thank you very much. I thank God for the privilege and honour to represent workers of Zimbabwe in a manner recognised by other trade unions around the globe. This is a third award after UNI Global Union gave me the UNI Freedom from Fear award and FNV handed me the Febe Elizabeth Velásquez Trade Union Rights Prize. I always know that this recognition comes from the collective struggles of the workers of Zimbabwe. It is the many workers' representatives around the country who daily sacrifice their jobs and lives that make us recognisable leaders. They organise and mobilise workers daily for our collective struggles. This award is for all these heroes and she-roes who defend workers’ rights at a personal cost. Some lost employment, others were jailed while some lost their lives seeking labour justice. NG: There have been challenges dogging human rights defenders and trade unionists. But looking back, how can you describe your journey in trade unionism? PM: I always look back and wonder at why the Zimbabwean government hates the trade unionists and human rights defenders. I joined the trade union movement in the last years of Morgan Tsvangirai's trade union leadership days. Since then there has never been a time when the government of Zimbabwe stopped brutalising trade unionists. During my five-year tenure at ZCTU and despite the fact that much of it was under Covid-19 restrictions, l was not spared the brutality. In 2018 when we were demonstrating against high taxes and cost of living we were beaten and arrested by the police. Soon after our release from prison we were stalked and threatened in different ways. At one time together with SG [secretary-general] Japhet Moyo, we received threatening letters with bullets at our offices and homes. This frightened everyone at our offices and homes. We also received letters threatening to rape our daughters. The bullies whom we suspect to be both state and Zanu PF agents gave details of our children's movements, including the schools they were at. This disturbed our families and changed every family member’s routine. I could not believe why defending workers’ rights in a supposedly independent state could attract such harsh state attention. In 2019 after the ZCTU called for a protest against high fuel price increases it got worse. We were hunted like dangerous criminals. State agents broke into my house, breaking all window and doors. They abducted my 19-year-old nephew whom they tortured in the forests for the whole night. He says they tore all his clothes with a sharp knife, poured some liquid all over his body and beat him till he lost consciousness. All this time they were threatening to put him in a sack and throw him into a dam. They only left him when they were satisfied that he was not my son they were looking for. When he finally managed to walk back home naked around 4am, many would run away from him because of the state he was in. We are fortunate that he survived this torture. At one time we were broadcast all over all state television and radios as most wanted persons by the police. Then the Zanu PF senior official [Patrick] Chinamasa called us terrorists and enemies of the state. All this affected the people around us, especially our families and parents. So, it was a tough journey, but because l knew that many other human rights defenders went through worse off experiences, l would count myself fortunate. Up to now, we do not know where Itai Dzamara is. Moreblessing Ali was murdered and recently we buried Pastor Masaya, all killed by suspected state and Zanu PF agents. It can only be God who protected us from death during that time. We also survived and continued with our tasks because we were convinced that we were carrying out a just cause. NG: You have been advocating crucial issues like the valuation of pensions and benefits for people who lost their savings in the transition from the local currency to the United States dollar in 2009. Do you see any solution the problem anytime soon? PM: Sadly, the country is in wrong hands. The people ruling us have lost any moral consciousness. They don't care about workers or people of Zimbabwe. They only care about power, themselves and their families. The economy has been taken over by the ruling elites and their cronies. Public services have been destroyed and now expensive for the majority. We are in a big crisis. Nothing will come from the ruling elites. The citizens have to organise themselves and fight back. Workers are the most affected. With very poor salaries and under repression the only way out is non-violent civil resistance. The labour movement must rise and fight back. NG: There have been scathing attacks on trade unionists of late, with the likes of the Amalgamated Rural Teachers' Union of Zimbabwe Artuz and others falling victim. In comparison, how do you view trade unionism in comparison with the pre-2017 era? PM: The Mugabe regime was bad, but the current regime is worse. We are basically under military rule with an unannounced but operational marshal law. All our fundamental constitutional rights and freedoms have been taken away. The government has attacked all fundamental rights include freedom of speech, assembly and association. They are using many strategies including propaganda, violence, censorship, cooptation and lawfare. They want trade unions and trade unionists who are compliant and who do not challenge their repressive rule. They have succeeded with other unions, especially some who represent public service workers. They are coopted and threatened into silence and compliance. Even in some private sector unions the regime has managed to coopt some leaders and use them to silence unions. The Amalgamated Rural Teachers’ Union of Zimbabwe (Artuz) has been raising workers' issues and broader good governance demands. As a result, Obert Masaraure, Robson Chere and their team have been targeted for reprisal. We need to quickly find a collective way out of this brutal grip. Under the current regime, workers will remain reduced to paupers. NG: What can you say about the abductions that are now rife and mainly targeting human rights defenders? PM: It is simply a reflection of a government that has lost legitimacy. The rulers themselves are aware they have lost any form of legitimacy. Even as they try to get some judicial cover on political legitimacy, they are aware that they have failed to gain output legitimacy. The government’s failure to provide public services and development remains its Achilles heel. When a government fails to manage the economy, to provide public services and to guarantee human security, it can only rule by force. The abductions and murder of innocent citizens only show that the government has failed. NG: The new budget has introduced a seriously heavy tax regime which is downgrading workers’ already low earnings. What is your outlook on the workers’ quality of life in the next five years? PM: I used to urge workers and some trade union leaders to have a broader view. Some unfortunately think that they can be indifferent to political developments. They argue that they can focus on the so-called bread and butter issues and be apolitical. This budget and the deteriorating material conditions of workers since the 2017 military coup have shown all that politics affects workers more than other sectors. The budget reflects the general decadence in our governance. It is a budget that aims to loot from the poor to close the big gaps created by corruption in our national purse. It seeks to milk workers dry to close the gap created by illicit smuggling of our natural resources. If passed by Parliament in its current form, this budget will greatly reduce the disposable incomes of workers through the many usurious taxes. It will also lead to many job loses as most businesses fail as a result of low demand and other adverse effects of the budget. In the past, many will find cover in the informal economy, but this time around the budget has not spared this sector either. The budget brings misery to the working class; it must be resisted by all workers. Suffering masses should free themselves: Mutasa CiCZ chairperson and former ZCTU president Peter Mutasa
NATHAN GUMA THE ruling Zanu PF has been identified as the main perpetrator of organised violence and torture during the pre-election and post-election periods, amid calls for the Southern African Development Community (Sadc) to acknowledge that the political climate in Zimbabwe is marred by significant conflict. Zimbabwe, which held a chaotic general election in August, has been cast into further turmoil with abductions and attacks on opposition members on the rise as the Zanu PF government seeks to consolidate power. This month, cleric Tapfumaneyi Masaya was abducted, tortured and killed in Mabvuku, Harare, while campaigning for the Citizens' Coalition for Change (CCC) candidate Munyaradzi Kufahakutizwi, who was recalled from Parliament by self-proclaimed secretary-general Sengezo Tshabangu. Kufahakutizwi was barred from contesting the polls after the High Court set aside his nomination on Friday. Findings in a report titled “A Consolidated Report on Pre and Post Organised Violence and Torture During the 2023 Harmonised Elections in Zimbabwe” by human rights watchdogs, the Zimbabwe Human Rights NGO Forum (The Forum), Research and Advocacy Unit (RAU), Counselling Services Unit (CSU), Veritas and Heal Zimbabwe show that members of the opposition have been the main victims of targeted organised violence and torture at all stages of the electoral process. According to the report, Zanu PF supporters had the highest frequency of perpetrating violence, with 116 reports in the pre-election period, and 67 in the post-election era, while its youth wing had a tally of 74 and 12 in both periods. There has also been a 100% fluctuation in election violence, with 102 cases of intimidation being recorded in the pre-election period, increasing to 126 in the post-election period. In the same period, 37 cases of violence were recorded in the pre-election period, with 44 being recorded in the post-election period. Of the recorded cases, police did not take action on 18 cases of violations in the run up to the general elections, and did not take action on 16 cases in the post-period period. Cases of exclusion increase in the pre-election period, with 44 being recorded, which slightly decreased after the election to 39. “The category, no action by police, refers to only reports where a violation — usually violence — was reported to the police and the report was refused or no one was charged. “Exclusion refers to reports where communities were informed of denial of food aid or agricultural support due to non-support of Zanu PF. It also refers to cases where people had to go into hiding due to threats or were told to leave the area,” reads the report. The report has also shown that sticks and poles were the main weapons used against victims, with 93 instances being recorded in the pre-election period, which dropped to 29 in the post-election period. Other weapons used against victims include fists, with 131 cases being recorded in the pre-election period, whilst four cases were recorded after the polls. The data has shown that Harare, an opposition stronghold, has been the major hotspot of violence accounting for 82 and 53 cases in both electoral periods. Violence is also spilling into ruling party strongholds, with Manicaland recording 73 and 19 cases in the pre- and post-election periods, while Mashonaland Central, where Zanu PF recorded a 100% win, was ranked third with 27 and 44 cases being recorded in both electoral periods, showing the ruling party’s waning popularity in the rural areas. “Firstly, there is an obvious trend towards violations increasing in frequency as the polling days approach, and, although they decline after the poll, it is also clear that they decline but not disappear: political violence aimed at members of opposition political parties continues even today as the reports of abductions and torture persist. “The victims are overwhelmingly members of the opposition political party, the Citizens' Coalition for Change (CCC), whether pre-election, post-election, or even on polling days. Hence, the violence can only be described as intentional and targeted and conforms to the patterns seen and reported upon in every election since 2000. The alleged perpetrators are overwhelmingly supporters of Zanu PF, whether general supporters, Zanu PF youth, or traditional leaders. “There are also a number of senior party officials, candidates and even MPs mentioned in the direct victims’ testimony, and the presence of so many named preparators should require legal and judicial action. Finally, the reported violations on the polling days should cause serious additional doubt on the validity of the election and should be considered in any subsequent discussion by Sadc and other political groupings in their acceptance of the election outcome.” Organised violence and torture cases have been increasing, with more cases being recorded against prominent opposition members. For instance, in November main opposition CCC legislator Takudzwa Ngadziore was saved by a seven-minute-long Facebook Live video he was recording after learning that he was being followed by AK47-wielding assailants. Ngadziore was found tortured, battered and naked, also allegedly injected with an unknown substance before being dumped in the Christon Bank area near Mazowe, a few kilometres from Harare. A sack was placed over his head, after which the assailants proceeded to thoroughly beat him as the vehicle drove away. After the car stopped, a knife was used to cut off his clothes from his body, and was later injected with an unknown substance, after which he was again physically assaulted and beaten again. Ruling party is main culprit fomenting political violence The late cleric Tapfumaneyi Masaya was abducted, tortured and killed in Mabvuku, Harare, while campaigning for CCC. Page 12 News NewsHawks Issue 160, 8 December 2023
NewsHawks News Page 13 1ssue 160, 8 December 2023 BRENNA MATENDERE ZIMBABWE’S international diplomatic re-engagement drive is completely off the rails as shown by the United States government's announcement of a new travel embargo targeted at the regime actors responsible for undermining democracy, notably through election rigging or manipulation and corruption. The fresh visa restrictions target officials at the Zimbabwe Electoral Commission (Zec), Zanu PF, police and the judiciary. Those targeted by the new punitive measures will be barred from travelling to the US due to their lack of fairness in dealing with electoral matters. Their families will also be denied US visas, secretary of state Antony Blinken announced. “Such acts may include manipulating or rigging the electoral process; disenfranchising voters or preventing individuals from exercising their right to vote; excluding members of the political opposition from electoral processes; restricting the ability of civil society organisations (CSOs) to operate and engage in democratic, governance, or human rights related activities; or intimidation of voters, election observers, or CSOs through threats or acts of physical violence,” Blinken said. The US secretary of state said undermining democracy may also include engaging in corrupt acts, as well as bribery that undermines the electoral process. “Interfering with the independent operation of the judiciary during its adjudication of electoral cases; or abusing or violating human rights in Zimbabwe. Family members of such persons may also be subject to these restrictions. Anyone who undermines the democratic process in Zimbabwe — including in the leadup to, during, and following Zimbabwe’s August 2023 elections — may be found ineligible for US visas under this policy,” Blinken said. Political analysts told The NewsHawks this week that the latest position by the US emanates from the discredited 23 and 24 August general elections, which had been benchmarked as one of the important litmus tests for the country’s resolve to implement far-reaching political and economic reforms. Professor of world politics at the University of London’s School of Oriental and African Studies, Stephen Chan, said the sanctions on Zimbabwe are likely to increase despite Mnangagwa’s eagerness to re-engage with the international community. “President Mnangagwa cannot re-engage with the democratic world while being undemocratic. What has happened in Zimbabwe over and after the election period will, instead of seeing the continuation of lifting of sanctions around the world, probably see sanctions increasing again,” Chan said. Chan added that Mnangagwa is now in a tight spot. “He will not annul the election, which he claims he won. The least he can do would be to distance himself from any accusations of either himself or people in the seniority of Zanu PF seeking to influence the judiciary,” he said. “And he must outright condemn any undemocratic practice such as imposters trying to destroy even a rival party. He must therefore be seen to stand for a fair party system of open government and open opposition. He can't just say he 'didn't do it'. He has to be seen as a champion of parliamentary principle.” Political analyst Vivid Gwede concurred, saying Mnangagwa’s re-engagement drive is in tatters after the latest position by the US. “This is evidence of the fact that the re-engagement drive is faltering mainly because of state acts of commission and omission with respect to the conduct of elections and respect for human rights. We have also seen the quest to re-join the Commonwealth crumbling. Which is why the administration must heed calls for internal dialogue.” Asked what Mnangagwa must do, Gwede said: “The government must acknowledge the problem of a failing re-engagement process and institute broad-based dialogue that will put the political reform process back on track. Equally, there is a need to halt the rising trend of human rights violations post-elections.” Crisis in Zimbabwe Coalition spokesperson Obert Masaraure said Mnangagwa must reform. “Mnangagwa must reform as a matter of urgency. He should facilitate a democratic breakthrough for Zimbabwe through dialogue. He still has a chance to step down as an honourable man if he makes the right decisions,” Masaraure said. He highlighted that the US has a solid foreign policy which will not be influenced by empty promises of reform from the Harare regime. “Mnangagwa has proven to be worse than Mugabe. He squandered all opportunities of reforming. The world gave Mnangagwa a chance, but the octogenarian blew it. All diplomatic pressure on Harare is welcome, we are back to the pre-colonial era when citizens were forced to call upon the world to exert diplomatic pressure on Salisbury,” Masaraure said. “Ordinary citizens are suffering under the yoke of dictatorship. The world should find ways of punishing those who are manufacturing the suffering of the masses.” Opposition Citizens' Coalition for Change (CCC) spokesperson Promise Mkwananzi told The NewsHawks that stealing the 23 August elections will haunt the Mnangagwa regime for a long time. “There is no engagement one can do based on an illegitimate electoral outcome. The regime has shredded the constitution and all laws of the country, including the manipulation of the judiciary,” Mkwananzi said. “We note the measures taken by the US and encourage Sadc and other key stakeholders to take measures to discourage the regime in Harare from acting outside the law.” In April, Mnangagwa suffered a setback in re-engaging the United Kingdom after his invitation to the coronation of King Charles was withdrawn. In a letter signed by Nav Mishra, chairperson of the All-Party Parliamentary Group Zimbabwe (APPG), and his deputy, Lord Jonathan Oates, and several other House of Commons lawmakers, cabinet secretary James Cleverly was asked to withdraw the invitation of Mnangagwa to the coronation of King Charles “in light of the grave political and human rights situation in Zimbabwe.” APPG Zimbabwe said there is widespread violence and human rights abuses, with opposition members being “harassed, beaten, imprisoned and murdered, while corruption is rife extending to the highest levels of government. The APPG said the ruling Zanu PF has overrun the country’s economy, completely decimated the local currency, dismembered the judiciary, taken over the Zimbabwe Electoral Commission and impoverished Zimbabweans. US visa sanctions: Mnangagwa’s re-engagement drive off the rails US secretary of state Antony Blinken
RUVIMBO MUCHENJE THE family of slain Citizens' Coalition for Change activist Moreblessing Ali, who is yet to be buried since her brutal murder in May 2022, have welcomed the conviction of Pius Mukandi Jamba, but they are not convinced he is the only person involved in the matter. Silence Ali, son to the deceased, told The NewsHawks after the conviction of Jamba on 4 December, that there is more to the story than meets the eye. “During trial, Pius Jamba denied the allegations of murder that were being levelled against him, saying he did not do it. That means he knows the people behind the murder of my mother,” said Silence. During the trial, Mukandi through his lawyer Garikayi Mhishi denied killing Ali and claimed that he was framed. He stated that he did not know her and was at his mother’s homestead on the day of the murder. However, a video was submitted as evidence in court, where Mukandi admitted to committing the crime and demonstrated to the police officers how he did it. Mukandi later distanced himself from the video, claiming that he appeared under duress and that the script was rehearsed. Mukandi also alleged that he was assaulted and threatened with death if he did not admit to the murder charge. He admitted to consuming two bottles of whisky and crystal meth on the day of the alleged murder. Mukandi stated that he had planned a journey to his mother’s rural home months before Ali was murdered. He also told the court that he surrendered himself to the police when they came looking for him in Hurungwe. Ali adds that Jamba had accomplices that could be politically connected hence he is being sacrificed for their freedom. “We still have questions on how he killed my mother, where he did it and how he did it. We want to know all those things. As a family, we are yet to be answered. The other people whom we know were involved in the murder of my mother are still at large,” said Silence. When Moreblessing went missing on 24 May 2023, there were rumours that Jamba’s cousin Simbarashe Chisango, who is the Zanu PF youth chairperson in Nyatsime area, had spearheaded Moreblessing's abduction. For a long time the Ali murder was deemed a political case. However, in delivering her ruling, Justice Esther Muremba said there was no evidence before the courts that proves that Ali’s murder was politically motivated. Investigating officer Arison Mirimbo submitted in court that Moreblessing’s daughter, Nyasha, confessed that the late was no longer involved in politics. He also testified that they found no evidence of Chisango’s involvement in Ali’s murder. Muremba concurred, stating that “no witness mentioned anything to do with politics during their testimonies.” After the murder and discovery of Moreblessing's body, the then Zengeza West MP and lawyer, Job Sikhala, assumed the role of family lawyer and spokesperson. He was appointed to help the family get all facts around the murder of their deceased relative. But he got arrested for allegedly inciting violence among the people of Nyatsime and has been in detention for over 500 days. This, Silence said, was part of a ploy to cover up the murder of his mother and it still needs to be exposed. “Job Sikhala has been in prison for almost two years now for representing my mother’s family. We still want him to help us get the truth out of Jamba and help us get closure before we can bury our mother. They prosecuted him for representing the Ali family, but they know that all that was done in trying to protect other people who are involved in the murder of my mother,” said Silence. Jamba conviction half-hearted Former Zengeza West MP Job Sikhala . . . release Job Sikhala: Ali family Page 14 News NewsHawks Issue 160, 8 December 2023
KENNETH MATIMAIRE AN intricate online scamming syndicate is targeting African non-profit-making organisations, including those operating in Zimbabwe, by purporting to advance grants to the unsuspecting institutions before defrauding them of hundreds of dollars if they take the bait, it has emerged. Cumulatively, the syndicate can make a killing after robbing several unsuspecting organisations. Investigations unearthed that the syndicate, based in Kenya, purports to be running a donor organisation domiciled in the United Kingdom (UK), with a digital trail traced to December last year. The involved outfits that morph from one name to another as it suits them, currently call themselves Legitimacy Centre Africa (LECAFRICA) with their most recent address in Eldoret, Kenya and the African Social Transformation Fund (ASTRAFU), which runs a website addressed at 7 Redman Pl in London. The investigation gathered that in terms of their modus operandi, ASTRAFU, takes a lead role where it writes to selected NGOs and invites them to submit concept notes for funding. According to ASTRAFU’s website, which went down on 2 November 2023 — a day after a phone inquiry of this investigation — it provides grants of a minimum of US$5 000 to a maximum of US$54 500 to “successful” applicants. ASTRAFU will then refer its “successful” applicants to LECAFRICA — which it describes as its consultant — to verify the legitimacy of an NGO, community-based organisation (CBO) or company before a grant is supposedly released. “Up to this stage, you won't suspect much because the communication is done so professionally. They then ask you to write to Legitimacy Centre Africa (red flag) asking to be reviewed by it so that, if you succeed, you are given a certificate of legitimacy and credibility that will then be used as the basis to obtain funding,” stated a Zimbabwean non-profit organisation that was fished by the scammers on 7 September 2023. Normally, one would expect the donor to introduce the consultant to the applicant. Most interestingly, documents obtained during investigations indicate that the “verified” applicants then have to pay a fee to be given a Legitimacy Certificate, which is key to accessing the funding. It was gathered that the online scammers are targeting specific African countries such as Zimbabwe, Uganda, Tanzania, South Sudan and Kenya. Organisations from these countries are charged varying amounts. According to an invoice sent by LECAFRICA to a local NGO, Zimbabwe is charged the highest fee of US$155, followed by Rwanda at US$150. Uganda is charged US$135 followed by Kenya and South Sudan, which both have the same pegged fee of US$130 while charities or companies in Tanzania are charged the least (US$125). The applicants are directed to transfer the funds via Mobile Money Payment Method Safaricom to mobile number +254741276555. Rwanda and Tanzanian charities were to use an undisclosed bank account, only provided upon request. Information gathered revealed that the line is registered to Obudho Maxwel Ojijo of Kandiege, Kenya. It was observed that the aim is to lure many unsuspecting charities to settle the relatively small fee in the hope of receiving the grant, which will never materialise. Apparently, the larger scheme is that once an NGO sahres its banking details, which it requests as a payment condition for the release of the purported certificate of legitimacy and credibility, the scammer will then use the information to defraud the unsuspecting applicant. It was not immediately evident, though, if any of the targeted organisations had fallen for the trap. Investigations supported by the Information for Development Trust — a non-profit outfit exposing corruption, mal-administration and illicit financial flows — traced back the digital footprint of the online scam to December last year. “You write to Legitimacy Centre, which then asks you for an array of documents that include your banking details (red flag). The centre also asks you to pay a fee to be reviewed by it (red flag) and gives you a tight deadline (red flag). When you ask them for references of which organisations they have reviewed, Complex scamming syndicate targets Zim and African NGOs Stage 1: ASTRAFU sends out a call for applications to a targeted NGO. Stage 2: Targeted NGOs concept note is said to have passed Category 1 of the application. NewsHawks News Page 15 1ssue 160, 8 December 2023
they refer you back to ASTRAFU,” added the targeted local NGO. Documents, which highlight correspondents between the local NGO and the scamming syndicate through ASTRAFU informed the former that their “project proposal successfully qualified for donation worth US$40 500.” The scammers dangle huge grants, hoping to lure purported recipients to settle verification fees. They then cut all communications with a victim, request for more money or morph into another entity to prey on new victims. Fake address, images and ghost staffers The UK postcode — E25 3JP — ASTRAFU was making use of on its website “does not qualify” as a British one, according to a UK website Check My Postcode. Moreover, a quick verification on Google Maps of the given address — 7 Redman Place (Pl) London — drew blanks though the road exists. Therefore, the office site could not be positively identified. Further searches on UK government harmonised website — GOV.UK revealed that ASTRAFU is not registered under the Charity Commissioforn England and Wales. While it claims to boast of 100 employees led by an eight-member management committee presided by one John Patrick, Google Image Search of all the managers could not come up with a digital footprint for any of the managers. Images featured on the website to give it an appeal that it was heavily involved in the African set up, were merely derived from FreePik - an online portal that provides free picture downloads. Also, another UK online portal that verifies and rate website, Even Sight, stated that ASTRAFU’s domain name was registered on 10 August 2023 — the United States of America. Even Sight further rated ASTRAFU as a suspicious website , had very few visitors, less than a year after registration and did not have any8 social media network links let alone reviews from users. “Social networks are an excellent way to connect with your customers, which is why all big web stores have links to their social profiles. That is why web stores without social Stage 3: ASTRAFU approved concept note in the second category and refers NGO to LECAFRIKA for legitimacy verification. Stage 4: LECAFRIKA request for Legitimacy Fee payment. Page 16 News NewsHawks Issue 160, 8 December 2023
profiles are suspicious,” stated Web Paranoid - another online portal that verifies the legitimacy of websites. Link between ASTRAFU and ACOFU Further digital footprint gathered linked ASTRAFU to another fake website under the name African Community Fund (ACOFU). The website was registered in Kenya on 14 December 2022, according to Web Paranoid. The site went on to vanish six months after registration before it reincarnated as ASTRAFU in August. It was observed that while ASTRAFU operated together with the Kenyan-based Legitimacy Centre Africa, ACOFU also operated in unison with Verify Africa based in the same country. The two verification centres were conducting the same services and acted as consultants for their sister “donor” entities. Mobile money transfer details provided by the two verification consultants also lead to the two individuals, namely Obudho Maxwel Ojijo and Rev. Augustine Ojijo. The striking similarities of the surnames of the two Kenyans is too much of a coincidence. Cross examination of ACOFU and ASTRAFU website contents indicated that they used the same key mission statement, which reads; “A new era of humanitarian action; solving African challenges with lasting impact.” Several Kenyan nationals have publicly called out the syndicate. A Kenyan national Rogers Omollo - a social impact leader and change catalyst, warned about the syndicate which he labelled as scammers in a LinkedIn post he shared in April. “. . . There are individuals and groups who are impersonating donors and verification partners of projects supported by foreign funders around the world. These fraudsters and criminals are scamming NGOs and CBOs by requesting concept notes and full proposals, and then directing organisations to a supposed verification partner who requests payment for services,” Omollo warned as he singled out ACOFU and Verify Africa. “Right now they (ACOFU) are using the organisation name ASTRAFU,” said Ernest Magina, another Kenyan within the NGO sector sector lamented that he nearly fell victim to the scammers. Magina was targeted a month ago. “They took me through the process provided then led me to the verification. What made it look fishy was the sending money via MPESA,” added Magina. M-PESA (M for mobile, PESA is Swahili for money) is a mobile phone-based money transfer service, payments and micro-financing service, launched in 2007 by Vodafone and Safaricom, the largest mobile network operator in Kenya. It is the equivalent of Ecocash in Zimbabwe. While it is a widely used mobile money transfer platform, it must be pointed out that grant based organisations prefer the usage of the banking sector as a more reliable and safe platform. He added that the faces behind the syndicate once threatened to sue for defamation but never followed through. ASTRAFU’s UK number, and the two Kenyan numbers used by the Ojijo’s including the LECAFRICA’s official number are all out of service as the scammers strive to cover their tracks. While some NGOs and CBOs that were approached by the syndicate were identified during the course of the investigation, they all said they were wise enough to detect the deception. However, others like Omollo lamented that though no funds were taken, he feels that he was robbed off his intellectual property as submitted a concept note. Funds For NGOs stated that donor scams are currently the top most used scams. “NGOs unexpectedly receive an email or a social media post or a WhatsApp or text message which says that a certain Foundation has selected your organization to offer grant funding and you just need to respond to this email. When gullible NGOs respond back and start a chain of email communication with the fraudster, they end up paying some money with the hope of getting this ‘large’ grant,” reads an article on how to distinguish genuine grants and scams. Striking similarities that link ACOFU to ASTRAFU Fake invoice issued by LECAFRICA. The scamming syndicate using the same modus operandi is traced to two Kenyans who share the same surname. NewsHawks News Page 17 1ssue 160, 8 December 2023
BRENNA MATENDERE THE government has been admonished for its lack of action in addressing the increasing number of employees dying and getting injured while on duty in mining workplaces across the country. The Centre for Natural Resource Governance (CNRG), Zimbabwe Diamond Allied Mine Workers' Union (ZDAMWU) and the Anti-Corruption Trust of Southern Africa (ACT-SA) have called upon the government and regulatory authorities to attend to the matter without fear, favour and prejudice. In a joint statement on 8 December, the organisations said: “The rising number of employee fatalities and injuries occurring in mining areas is alarming. These incidents not only result in the loss of valuable human lives but also inflict immeasurable pain and suffering on affected workers, their families, friends, and communities.” According to the State of Mining Industry Survey 2023 report recently released by the Chamber of Mines, there are 110 accidents which caused 120 fatalities in mining workplaces between January and September 2023. In addition, 92% of the accidents under review occurred underground. On the other hand, large-scale operations contributed 18% of the total accidents. Painful deaths of miners have been recorded in Penhalonga where Zanu PF gold baron Pedzai "Scott" Sakupwanya is mining at Redwing Mine, just outside Mutare. At that mine, the government has on several times been accused of allowing impunity to reign by failing to put its foot down in holding accountable Sakupwanya and his company BetterBrands. CNRG, ACT-SA and ZDAMWU said they have also noted labour injustices in some of the cases. “We observe that, more often than not, mine workers who get injured at work get fired without compensating them for their injuries which sometimes constitute permanent disabilities. More disturbing are allegations that the line ministries and other regulatory authorities give a blind eye to these accidents, and the lack of sanctions leads to an escalation since those responsible enjoy impunity," they said. “In keeping with the above, urgent action must be taken to address this growing crisis and ensure that every worker enjoys the right to a safe and healthy working environment. It is crucial to recognise that the safety and well-being of employees should be a top priority for both employers and the government. While some progress has been made in improving workplace safety standards, it is evident that more needs to be done to prevent these avoidable tragedies.” CNRG, ZDAMWU, and ACT-SA urged the relevant line ministries — the ministry of Mines and Mining Development, the ministry of Public Service, Labour and Social Welfare, the Environmental Management Authority (Ema) and mining companies to take note of their recommendations. They recommended the strengthening of regulatory frameworks and enforcement of stringent safety standards across the mining sector. This includes conducting regular inspections, providing comprehensive training programmes, and ensuring that companies adhere to the necessary safety protocols. The organisations said efforts should also be made to enhance the capacity of labour unions and worker representatives to effectively advocate for the rights and safety of employees. "Furthermore, we urge employers to prioritise the implementation of robust safety measures within their organisations. This includes conducting thorough risk assessments, providing adequate safety equipment, fostering a culture of safety awareness, and empowering employees to report any concerns or hazards they encounter," reads part of the joint statement. The three organisations also said the government must conduct thorough investigations into each employee fatality and/or injury to determine the root causes and hold accountable those responsible for negligence or non-compliance with safety regulations and highlight the importance of transparency, accountability and disclosure for preventing future incidents. "Collaboration between governments, employers, workers, and relevant stakeholders is paramount to addressing this alarming trend. We encourage the formation of partnerships and information-sharing platforms to expedite the implementation of effective safety strategies and best practices," reads the statement, adding that the government must: "Facilitate the compensation of all those injured at work as well as compensating the families of all those who would have died during the course and scope of executing their mining duties and responsibilities. Deal without fear or favour with acts of corruption involving some line ministries, regulatory authorities and mining companies that compromise the enforcement of existing legal and policy frameworks against mining activities that put workers at risk." In a bid to support these efforts, ZDAMWU, CNRG and ACT-SAs aid they remain committed to promoting workplace safety, anti-corruption and advocating for the rights of employees in Zimbabwe. “We will continue to actively engage with relevant stakeholders to ensure a safer working environment for all. We believe that by collectively addressing this issue, we can bring about meaningful change and prevent further loss of life. The time for action is now, and we stand ready to collaborate with the government, mining companies and workers to safeguard the lives and well-being of mine employees in Zimbabwe,” concludes the Press statement. Mining carnage ignored Page 18 News NewsHawks Issue 160, 8 December 2023
BRENNA MATENDERE SIMMERING tension has absorbed the ruling Zanu PF in President Emmerson Mnangagwa’s Midlands backyard, stoked by the party’s provincial leadership's decision to block scheduled disciplinary hearings for his allies who lost in primary elections and tried to canvass protest votes against the winning candidates in the 23 August polls. In a memo to district coordinating committees and senior provincial members on Monday last week, acting Zanu PF Midlands provincial chairperson Edson Chiherenge notified that disciplinary hearings would be held 6 December. Part of the memo reads: “All members of the party who were summoned to appear before the Midlands provincial disciplinary committee are directed to report at the Zanu PF provincial offices on (Wednesday) December 6, 2023.” However, the following day, Chiherenge wrote another memo cancelling the scheduled hearings. “Please be advised that the acting Midlands provincial chairman has ordered the nullification of all disciplinary processes within the Midlands province. All notices of hearings and prohibition orders issued out are no longer valid,” he wrote. Sources told The NewsHawks that the directive to block the hearings had come to the Midlands Zanu PF leadership from higher offices at party headquarters in Harare after it was discovered that Mnangagwa’s allies such as Justice Mayor Wadyajena were in the firing line. Wadyajena, who lost to Flora Buka during the primaries, was placed on suspension after being accused of sabotaging her campaign rallies and canvassing for protest votes. “The cancelling of the hearings has now sowed seeds of division in the party and people in the structures of the party are agonising. They are saying no one must be bigger than the party,” an impeccable source told The NewsHawks. “People in the party expected justice to be done on those charged and suspended for indiscipline. The party is being weakened by things like this and the tension at the moment is at its highest levels.” Other sources highlighted that without any punishment being seen to be imposed on those who erred ahead of the 23 August elections, internal healing of those aggrieved will continue to affect party business in the Midlands. “All is not well in Zanu PF Midlands. The people are angry and this is now adding to the disgruntlement on candidate selection ahead of the elections where certain comrades were imposed,” another source told The NewsHawks. In March this year, Mnangagwa’s close allies in his Midlands backyard were exempted from being challenged by other party officials in Zanu PF primary elections ahead of the 23 August elections, in a development that fomented political tension. These included cabinet minister July Moyo, who was listed as an unopposed candidate for Redcliff constituency; former minister of State in the President’s Office in Charge of Policy Implementation Jorum Gumbo, who went on to represent the ruling party in Mberengwa unopposed as a senator and former State Security minister Owen Ncube, who contested in Gokwe-Kana constituency. In Kwekwe Central, Energy Ncube, the nephew of former State Security minister Owen “Mudha” Ncube, was imposed as an automatic candidate ahead of former city deputy mayor John Mapuranga who represented the party in last year’s 26 March by-elections and Archbishop Kandros Mugabe, a prominent gold baron who represented the party in the 2018 general polls. In Chiundura, there was an uproar after accusations of rigging against former Vungu Rural District Council chairperson Celton Charamba, who was initially announced the winner, but political commissar Mike Bimha overturned his victory on the final list made public in Harare. Slemani Kwidini was subsequently declared winner. In Zhombe constituency there was massive disgruntlement after Mnangagwa’s ally Edmore Samambwa was declared an uncontested candidate despite the fact that several members had forwarded their applications to the provincial leadership expressing interest in contesting at that time. Samambwa is Mnangagwa’s long-time ally. He was suspended as Midlands Zanu PF youth chairperson in March 2016 for supporting the Mnangagwa faction at a time the camp was battling the G40 faction in the race to succeed the then president Robert Mugabe. In May, Zanu PF accordingly dispatched two senior party officials, Tino Machakaire and Lovemore Matuke to the Midlands to hold crisis meetings following the political turmoil that has gripped Mnangagwa’s home province ahead of the August general elections. The mayhem emanated from the holding of controversial primary elections to choose party candidates which were marred by accusations of internal vote rigging. As a result, popular party members fell by the wayside while Mnangagwa’s associates were exempted from the intra-party contestation. The latest developments in which Mnangagwa's allies have been pardoned before hearings are therefore worsening the already existing tension in the ruling party in the Midlands province. Former Gokwe-Nembudziya MP Justice Mayor Wadyajena Zanu PF tension grips Midlands NewsHawks News Page 19 1ssue 160, 8 December 2023
Page 20 News NewsHawks Issue 160, 8 December 2023 NATHAN GUMA ZIMBABWE’S re-engagement efforts are reaping more rhetoric than real progress on tjr ground, with the 2024 National Budget showing a decline in support from international development partners. The government is projected to receive US$638 million in 2024, down from US$790 million disbursed in 2022, official statistics show. President Emmerson Mnangagwa’s re-engagement drive, touted as one of his flagship policy initiatives after the late long-time leader Robert Mugabe was toppled by a military coup in 2017, has been reduced to tatters as the reforms façade has crumbled in the face of growing international pressure. The country has been largely relying on developmental partners in crucial sectors such as health, education and other social services which have been undergoing serious decay. Indications from the 2024 budget statement presented by Finance minister Mthuli Ncube show that the country is expected to receive US$638 077 877 from development partners, with the largest sum expected to be injected into the health sector. The health sector is expected to receive US$435 962 003, while agriculture and education are set to receive US$60 127 234 and US$24 962 693 respectively. “The sector is also expected to benefit from Development Partners’ assistance projected at US$436 million in 2024 to continue supporting maternal, newborn, child adolescent and reproductive health, HIV/AIDS, tuberculosis (TB) and malaria prevention programmes, and strengthening of the health delivery systems. “The country was allocated approximately US$500 million under the Global Fund grant cycle 7 (2024 -2026) with US$147.6 million set to be disbursed in 2024.” The projected amount is however less than the projections for 2021 and 2020, in which the government projected support from development partners at US$677 million and US$841.5 million respectively. In 2022, despite the tenuous relations between Zimbabwe and many of the Western governments, a total of US$789 999 004 was committed by development partners. Political analyst Rashweat Mukundu told The NewsHawks that the decline in funding from developmental partners shows that the country is paying the price for the government's failure to implement crucial reforms. “It is an indication that Mnangagwa's re-engagement process is up in smoke. There is increased frustration by the international community on Zimbabwe's political chaos. This election, the August 23 election, was supposed to redefine relations either for the good or for the worst and, unfortunately, the Zanu PF government has put Zimbabwe in peril,” Mukundu said. “So, the international community is now looking at Zimbabwe as a basket case. It is looking at Zimbabwe as a humanitarian case. What we may then see is a response to the drought with food assistance, and not so much in terms of governance or improving state institutions, because the state institutions and the whole governance structure in Zimbabwe has collapsed and is now dysfunctional. “We look at how the judiciary has been captured, making unreasonable rulings on the political contest within the opposition. We are looking at how opposition supporters are abducted during the day, beaten up, tortured and some killed. We are looking at the blundering by the government, by appointing the defence chief as a member of the politburo and reversing the decision after a few days.” Mukundu says President Mnangagwa has been continually squandering international goodwill. “So, there is a fallout and an unhappiness between Zimbabwe and the international community, which devalues our image in the international community. Investors look at the overall context of a country and when they see that the international community has no confidence in that, then no-one is willing to put money in a country where anything can happen,” he said. The deterioration of relations between Zimbabwe and development partners got amplified following the disputed general elections, after the European Union (EU) pulled its US$5 million funding to the ZIM-ECO 2 project over murky democratic processes. The EU had been funding the ZIM-ECO 2 project to enhance the Zimbabwe Electoral Commission (Zec)'s capacity to conduct the electoral process, with the aim of contributing to the improvement of the entire electoral cycle, not limited to elections alone. “The project supporting Zec, which is managed by UNDP [United Nations Development Programme] and scheduled to run until December 2024, is currently under scrutiny due to concerns raised by several international Electoral Observation Missions (EOMs) regarding the independence and transparency of Zec during the 2023 harmonised elections,” the EU said in a statement after the elections. “The recent preliminary statements from multiple EOMs, including the EU EOM, have raised concerns about Zec’s management of the electoral process, particularly regarding its independence and transparency. “The EU contributes together with other donors to a UNDP-managed project aiming at enhancing Zec’s institutional and technical capabilities to fulfil its constitutional mandate. In response to these concerns and in adherence to responsible management of EU development cooperation funds, the EU has initiated a procedure to suspend its contribution to this project.” Development partners shut purses
NATHAN GUMA ALTHOUGH the Chinese-run Dinson Iron and Steel Company (Disco) has been claiming that villagers displaced by its plant in Manhize are happy and have been amply compensated for their land and property lost, community members say they are now facing an acute food crisis, The NewsHawks has learnt. Chivhu and Mvuma communities, particularly those relocated to pave way for the establishment of the steel plant, say their lives have deteriorated despite the project being hyped as a game changer in the nation’s economy, stoking fears of another resource curse. While the US$1.5 billion plant by a local subsidiary of Chinese firm Tsingshan has been touted as Africa’s largest integrated steel plant, displacements have left the victims in abject poverty, amid indications of serious food insecurity. Since 2021, over 101 families from Manhize’s Mushenjere Village have lost their land to Disco’s operations, with villagers, once self-sufficient, now unable to produce food for the family unit, according to a watchdog, the Centre for Research and Development (CRD). As previously reported, Manhize Steel project director Wilfred Motsi told The NewsHawks that the company has held a series of meetings with the villagers, whom they claim are happy with the relocation process. “We made some promises and have been improving their living conditions. So, I do not really know where these complaints are coming from. We have drilled them boreholes for water, we have given them fields and constructed a bridge. They chose land, and we built them houses,” Motsi said. “The houses were an upgrade — three-bedroom houses. Most of the people, those I know, are content with everything. I just do not know where the complaints are coming from.” However, George Gwere, a community leader from Mushenjere village, said the project has done more harm than good in the area, with the villagers now wallowing in abject poverty. “We were happy as our young people did not have jobs, but what came afterwards has really affected us. This is what has happened. Since 1986 up to around 1996, the two affected villages, particularly Mushenjere, where the Dinson Iron and Steel Company plant is located, produced such high grain yields that pleased the Chivhu GMB depot,” Gwere said at a Press conference last week, recorded by CRD. “The Grain Marketing Board [GMB] saw the burden that we farmers had in transporting the yield to its depot. As a result, they would establish a mini depot at our shops in August to ease our burden. Within those villages, we no longer had very poor people, we were happy that our lives had been uplifted by farming.” “But now, all farming activity has totally been halted because all the farming land is now in the perimeter wall. We are no longer able to go there. So, for these three years, we have been sitting, suffering from hunger.” Gwere said Disco has been insincere in fulfilling its promises over the past years since relocation, which he says has created psychological and physical difficulty for the communities in Manhize, particularly Mushenjere. “The company told us not to worry, because it would provide us with food. But, we never got anything. So, we are experiencing tough times psychologically and physically. We have a duty right now of taking care of our adult children and their families, while we have nothing to give them. We are in tough times,” he said. “We are urgently asking for prompt relocations from the area as we cannot sustain our livelihoods and find another place. We hope and ask if we have homes as we have already built infrastructure. As people who had already established their livelihoods, as I had mentioned that the GMB has set up a depot in our area as a result of good crop yields, therefore, we ought to have a disturbance fee for these disturbances.” Gwere added: “Our greatest concern is that, to avoid constantly approaching the district administrator [DA] or the mining company [Disco] with our concerns, we request to be given a certain percentage of royalties from the mine. Our area is rich compared to other places like Penhalonga.” Gwere implored Disco to at least disburse royalties to ensure the resuscitation of community livelihoods which have been shattered since the plant was set up in the area. “The miners are having a lifetime benefit, and the government can renew their lease after it lapses. Therefore, from their profit, we are asking for a certain percentage to sustain our livelihoods. We request for immediate intervention on the food security issue,” he said. The worsening poverty is now causing social decay, with young people slowly turning to stocktheft, while women in the area now sell termites for a living. “Would it be nice if they would hear that people in Manhize are dying of hunger? The elderly, those around 70 years of age, have many health issues such as blood pressure (BP). One elderly person collapsed and was taken to Harare. On diagnosis, they found no other disease outside high blood pressure. All this is resulting from the emotional distress to the elderly facing relocations in Manhize,” Gwere said. “Also, due to poverty, our young people are now engaging in stocktheft, among other things, as a coping mechanism to hunger in their homes. Women are looking for termites to sell and eat. They consume some of them and sell the rest to buy mealie-meal. We are not against the government initiatives or the mining company. We have maintained our silence since the company came to our community. “Until now, we have not said anything despite our challenges. This means that we were giving respect to the mining company and the government. So, we are begging for this to be attended to urgently, so that our livelihoods can be preserved.” A report by CRD titled; Hold Disco to Account has shown that relocated families in Rusununguko and Singleton in Mvuma are facing hardships owing to a lack of potable water, untilled land, cracking floors and walls of houses poorly constructed by Disco, among other issues. Despite the complaints from the villagers to the company, no action has been taken, raising an outcry. The Chinese have also been underfire for failing to fulfil their promise to uplift surrounding communities through undertaking local enterprise development. CRD director James Mupfumi said the problem has been stemming from the government’s failure to disclose Disco’s contract. “It is strange that a project is declared to be in the national interest when it is opaque to the extent that even Parliament cannot carry out oversight. The food security issue is the greatest challenge because the land tenure system vests powers over land and minerals in the President,” Mupfumi told The NewsHawks. “So what people lose first when a mining licence is issued opaquely is farming land. People on communal and agricultural land live on farming and the flagrant awarding of mining contracts by government without the consent of local people and, worse still, alternative livelihoods and compensation, is torturous and a crime against humanity. The solution lies in the government amending the Communal Lands Act and the Mines and Minerals Act to ensure local authorities and traditional leaders have autonomy over their resources. “In the interim, government has a constitutional obligation to ensure that the rights of citizens to land, shelter, food, health, education, dignity and environmental protection are guaranteed by coming up with a relocation and compensation framework that ensures those rights are protected in communities facing threats of displacement. Mining operations must conform to human rights principles enshrined in our constitution.” Poverty stalks Manhize villagers Since 2021, over 101 families from Manhize’s Mushenjere Village have lost their land to Disco’s operations. NewsHawks News Page 21 1ssue 160, 8 December 2023
NATHAN GUMA THE Zimbabwe Banks and Allied Workers’ Union (Zibawu) has written to the state-owned AFC Holdings, formerly Agribank, over the bank's refusal to meet employees' demands for just remuneration, The NewsHawks has learnt. Morale has hit rock-bottom at the financial institution, with workers’ lives blighted by the worsening economic crisis. AFC Holdings comprises subsidiaries AFC Land and Development Bank, AFC Commercial Bank (formerly Agribank), AFC Leasing Company and AFC Insurance Company. In the letter dated 8 December, Zibawu secretary-general Peter Mutasa said the union is set to hold a demonstration while filing a formal petition against the bank’s executive. “In accordance with Section 59 of the Constitution of Zimbabwe, Zibawu, a duly registered Trade Union intends to hold gathering at, Number 18 Weale Road, Milton Park, Harare on the 19th of December 2023, between the hours 1200hrs and 1400hrs. This gathering is organised within the framework of legal provisions and constitutional rights,” read the letter by copied to the AFC chief executive officer. “The purpose of the gathering is to lodge a formal petition with the Board Chairman for AFC by the name James Prince Mutizwa regarding the bank executive’s refusal to meet the workers’ demands for a just remuneration. This demand is rooted in the prevailing economic circumstances characterised by severe inflation which had resulted in extreme financial hardship for the workers. The intention of the petition is to seek the intervention of the Board to address this matter. “However, it is important to draw your attention to the provisions outlined in the Maintenance of Peace and Order Act, Chapter 11:23. We have carefully reviewed the Act, Chapter 11:23. We have carefully reviewed the Act’s schedule, and it has come to our attention that the gathering we are notifying you about falls within the category of exemptions specified in the Act.” Mutasa said the peaceful march is in line with Mopa provisions, hence Zibawu is not legally obligated to provide prior notification. “We emphasise that our intention in highlighting this exemption is solely to ensure compliance with the applicable legal framework and maintain a cooperative relationship with the law enforcement authorities,” reads the letter. “While acknowledging the exemption, we remain dedicated to fostering open lines of communication and a collaborative approach with the police department. Should you have any concerns or require further information regarding the gathering, we are readily available to address them promptly." "We firmly believe that mutual understanding and co-operation between our organisation and law enforcement agencies contribute to the overall safety and well-being of our community. We sincerely appreciate your understanding and co-operation in this matter. We extend our gratitude for your ongoing efforts in upholding peace and order within our community.” As previously reported by The NewsHawks, the government’s policies are likely to throttle the operations of the banking sector, while hitting the pockets of long-suffering workers. Last week, Finance minister Mthuli Ncube’s announced a move to raid safe deposit boxes at banks at any time to ascertain their contents, which experts said is likely to hasten a plunge in confidence within the sector, blighting operations. Economist Professor Gift Mugano said loss of confidence will see banks losing income and will likely tsee them failing to meet their operational costs. “If the banks lose income . . . they have to raise their bank charges. This is unnecessary. The minister should deal with the issue on why people are not using the formal banking system and correct that. People are not banking because they do not have confidence in the sector,” Mugano said. Bank workers plot protest against poor AFC salaries Page 22 News NewsHawks Issue 160, 8 December 2023
NewsHawks News Page 23 1ssue 160, 8 December 2023 Senior citizen repeatedly complains of burst sewer, then dies of cholera RUVIMBO MUCHENJE IN July 2021, Kambuzuma octogenarian Effie Dziva became the subject of a news feature in The Sunday Mail, bemoaning the danger of contracting diarrhoea or cholera due to the lack of seriousness by the City of Harare in dealing with perennial sewer bursts on her doorstep. Two years later, the sewer tank overflowing with effluent for days on end has caused her death. Dziva succumbed to cholera on Wednesday afternoon after having co-existed with sewage effluent for six days. She was a common feature at council offices with her monotonous complaint of sewer bursts, that would be fixed one day but then burst again the next day. She had become a common face at the local council offices. A devout Anglican, her wish was to have her fellow women from the Anglican’s women fellowship sing for her during the funeral until her burial. Unfortunately, her house was out of bounds because of the cholera emergency and flowing sewage. As per African culture, paying last respects to a deceased relative or neighbour means gathering at his or her household for days, singing crying and celebrating the years that they would have shared with funeral attendants. Unfortunately, this could not be done for Gogo Dziva, who was described by all graveside speakers at Zororo Cemetery on Friday as a loving community member, hardworking and a permanent feature at Sunday services at Transfiguration circuit in Kambuzuma. She was sick for only 24 hours. This tragedy has left her immediate family livid. “The most disappointing thing about all this is that my grandmother was a people’s person. The funeral that is befitting for her is impossible like in Covid times. The house is immersed in sewage and enveloped by a horrible stench of raw effluent. It was not possible for us to cook for people or have people gather at the house because of sewage,” said Rudo Dziva, her granddaughter, who was with her until she took her last breathe. Transfiguration Anglican Church members had last seen her on Sunday where she received a certificate of excellence in serving the church. She was alive and kicking. On 1 December 2023, Dziva woke up to a regular routine of sewage bursts at her house. As had become custom, she went to report the matter to the city council offices and she got the usual response that officers would be deployed to her house soon. Elderly and frail as she was, she was in relatively good health when she went to report the matter. Five days later, she could not do her routine work because cholera-like symptoms left her bedridden on Tuesday. Although she was taken to a private doctor, she was still complaining about the growling emanating from her running stomach. On Wednesday afternoon, she died and council workers arrived at her house with the intention to fix the burst sewage on Thursday. Her family is seething with anger. They are disappointed with the local authority which collects monthly rates but fails to deliver services. “What pains me the most is that my aunt is the one who went to report the burst sewer, she was in good health but we are burying her here today. They only came to fix the sewer after she had died, but to what end?” said the late Dziva's irate niece, Tafadzwa Rangisi. Local councillor Costa Mande, although admitting that the burst sewer was only attended to after Dziva's death, said this is because there is only one jet machine servicing Harare's western suburbs. “Thursday morning is when we got the jet machine to supplement water in the sewer lines. The machine couldn't come on Wednesday as they were attending to an incident in Glen View. The single jet machine covers Glen View, Glen Norah, Highfield, Budiriro, Southerton, Kambuzuma, Mufakose, Warren Park, Cold Comfort, Kuwadzana and DZ [Dzivaresekwa],” said Mande. He adds that city council officers responded on time but they could not work because of the unavailable machine. “Council guys operated within time to my own knowledge as they took less than 48 hrs to attend the situation though it took them two days to clear the choke due to the foreign matter in the system. Spoons, forks, underwear, towels, pads, pampers, condoms, etc, are being thrown into the system, yet our water supply remains erratic, therefore the bursts occur regularly,” said Mande. Harare City Council has come under fire in recent days for sponsoring city executives' US$12 000 wasteful trip to Nyanga yet ratepayers are not getting the service delivery they pay for. Dziva’s family felt this death could have been avoided if the council authorities had diverted scarce resources from executive luxury to the sewage crisis in the middle of the cholera outbreak, but their priorities are upside down. “I personally called the councillor (Mande) and he promised that the sewer burst will be fixed, but help came too late. We did follow-ups with him, but he kept saying there is only one machine. It doesn’t make sense that we only have one machine to service Glen View, Budiriro, Glen Norah, Highfield, Kuwadzana. Do the machines cost millions? If we take one or two of their vehicles we can probably buy machines,” said Rangisi. Her sentiments are not isolated. Rudo Dziva, the late Effie's granddaughter, made a speech, saying she was aware that she was at her grandmother’s funeral, there was a feeling in her heart that she would see her when they returned home. “You know Gogo was a consistent voter every election year and she would say I am doing this for you, even when everyone was discouraging her. Unfortunately office bearers let her down. When people get posts, they should work for them. If they cannot fulfill the duties of the office, they should abdicate. Not for us to think we have a representative in council or Parliament when they do not assist us with anything,” she said. Effie Dziva’s death evoked anger and fear. Rudo pondered whether her grandmother would be the last to be buried in this cholera emergency. “We have buried my grandmother today, but there are a lot of people exhibiting similar symptoms at home and children in neighbouring houses. There are a lot more who we do not even know who are suffering from this disease and we are afraid to go home, because we do not know who is next. We are going back to the same house that will welcome us with a strong stench of faecal matter, flies hovering over the effluent that is drying up. City official should be serious,” fumed Rudo Dziva. The Dziva residence had three more people exhibiting cholera-like symptoms. Effie Dziva is survived by her 42-year-old son. A stroke survivor, he depended on his late mother. Her funeral did not follow all the cholera guidelines set out by the Health ministry. There were no health workers at the graveyard. The attendants did not have any protective clothing on, a few had masks, covering their chins and not the mouth and nose. The late Kambuzuma octogenarian Effie Dziva (left) died of cholera after having co-existed with sewage effluent for six days.
RUVIMBO MUCHENJE ZIMBABWEAN human rights lawyer Siphosami Malunga, son to the late nationalist leader Sydney Malunga, has graduated with a PhD from the University of the Witwatersrand in South Africa, with a thesis which breaks new ground on how to hold perpetrators of Gukurahundi massacres accountable. Malunga's interesting thesis — Evaluating the Individual Criminal Responsibility of Gukurahundi Perpetrators under International Law — breaks new ground evaluating whether individual criminal responsibility (ICR) is attributable to perpetrators of the Gukurahundi atrocities committed in Matabeleland and Midlands between 1983 and 1987. At least 20 000 people were reportedly killed in the genocide. The criminal liability of Gukurahundi perpetrators is evaluated against the legal requirements garnered from conventions, jurisprudence of international criminal tribunals and the work of leading scholars. Firstly, Malunga provides an overview and historical development of the concept of ICR under international law. Second, he examines the theories of criminality under international law. Third, he analyses the forms and modalities of ICR, including relevant specific crimes. Fourth, he evaluates the individual and superior responsibility of Gukurahundi perpetrators. A crucial feature of international criminal law is the legal obligation to investigate, prosecute and punish perpetrators of international crimes. Malunga therefore explores the different ways in which ICR could be attributed to perpetrators of the Gukurahundi international crimes. He set out to advance knowledge and understanding of possible mechanisms to hold perpetrators of the Gukurahundi atrocities criminally accountable under international law. Malunga now holds a PhD in International Law from the University of the Witwatersrand. He is currently programmes director at Open Society Africa. He was previously executive director of the Open Society Initiative for Southern Africa. Malunga is a human rights lawyer and an advocate for justice, transparent and accountable governance. He has previously held United Nations posts around the world focused on democratic governance, development, peacekeeping, post-conflict recovery, justice sector reform, and transitional justice. He is also an international criminal lawyer, was lead defence counsel in the Special Panel for Serious Crimes in East Timor and defended the militia commander Johni Marques in the first crimes against humanity trial (Los Palos Case) and other militia commanders. He is a regular contributor on political and economic governance, human rights and accountability issues in national, regional, and international publications. Malunga's most recent publications include: “Defending Open Societies in the Context of Covid-19: The Role of Philanthropic Foundations in Responding to the Pandemic and the Case of the Open Society Initiative for Southern Africa”, International Review of Philanthropy and Social Investment (2020); “The Killing Fields of Matabeleland: An Examination of the Gukurahundi Genocide in Zimbabwe,” African Yearbook on International Humanitarian Law (2021); “Unpacking Gukurahundi Atrocities Against the Ndebeles of Zimbabwe: What Are the Possibilities for Individual Criminal Responsibility of the Perpetrators Under International Criminal Law?” and “A History of Atrocity: Patterns, Perpetrators and Prospects for Accountability for International Crimes in Zimbabwe” in: Lubaale E.C, Dyani-Mhango N. (eds) National Accountability for International Crimes in Africa, Palgrave Macmillan (2022) and “Evaluating the Individual Criminal Responsibility of Gukurahundi Perpetrators Under International Law”, Comparative and International Law Journal of Southern Africa (2023). Malunga also holds an LLM from the University of Oslo and an LLB from the University of Zimbabwe. Human rights lawyer Siphosami Malunga Malunga's PhD thesis breaks new ground on Gukurahundi Page 24 News NewsHawks Issue 160, 8 December 2023
NewsHawks Page 25 1ssue 160, 8 December 2023 News THE article by Dr Siphosami Malunga in this book, International Humanitarian Law, examines the Gukurahundi atrocities committed in Matabeleland in the 1980s to determine whether they constitute the international crime of genocide. This article analyses legal requirements – conventions, jurisprudence and scholarly writings regarding genocide – and assesses the Gukurahundi atrocities against these requirements. The first section is the introduction, which highlights some known genocides in history and provides an outline of the article. The second section comprises an overview of the crime of genocide and its prosecution before the ad hoc tribunals, while the third section unpacks the notion of the four protected membership groups. The fourth and fifth sections evaluates the physical and mental elements of the crime of genocide with the aid of the jurisprudence of the ad hoc tribunals as well as the International Criminal Court. The sixth, seventh and eighth sections apply the legal requirements and jurisprudence to the Gukurahundi atrocities. The ninth section provides some concluding observations, arguing that the Fifth Brigade of the Zimbabwe National Army committed genocide from 1983 to 1987 as envisaged under international law. In each section, the Gukurahundi atrocities are evaluated against legal requirements: conventions, jurisprudence and the work of leading scholars. Genocide: Legal perspective in the killing field of Matabeleland Legal Insights
Sponsored by: NATHAN GUMA HUMAN rights defenders in southern Africa have called on young people in Zimbabwe and the continent to take an active role in democratic processes, amid deepening concern over accountability in governance and political systems across the continent. Zimbabwe is immersed in a blighting socio-economic crisis which has been underlined by the government’s failure to deliver in key sectors such as health, education and employment creation. The country has also failed to run a credible election, with the regional Southern African Development Community Electoral Observer Mission (SEOM) for the first time dramatically dismissing the sham polls, deviating from the soft stance it has taken in past elections. Speaking at Accountability Lab Zimbabwe’s Incubator friendraiser programme this week, chief of party for the Advancing of Rights in southern Africa at Freedom House, Mpangi Kwenge, said young people ought to take an active role in holding elites to account. The incubator programme supports young accountapreneurs — accountability entrepreneurs who develop innovative, bottom-up ideas for accountability and anti-corruption. AL Zimbabwe provides accountapreneurs with mentorship, quarterly training, knowledge sharing, sustained communications, fundraising and advocacy support. Among the graduates honoured were journalists Sharon Munjenjema, Calvin Manika and Brighton Ncube. Ncube’s initiative, the Women’s Commune, leverages mobile technology, coding, and storytelling as tools to empower marginalised women to participate fully in governance processes, while Munjenjema’s Forum for Conservation Communicators provides capacity building and support to journalists interested in reporting climate justice and environmental issues. Manika’s initiative, Whange Environmental Warriors, is an environmental accountability watchdog mobilising young people to protect environmental rights in Hwange district, while another graduate, Chiedza Sasa, designed a WhatsApp Bot, ChitChat, that allows citizens to access local governance information on their phones. Other graduates include Ruth Takapera, Allan Nyamande, Joram Mahindidze, Tinaye Chiketa, Miranda Mathe, Zibusiso Munandi and Claris Mushonga. Kwenge said: “Governments are not working for the people, basic service delivery is lacking, unemployment is rising, basic education seems unattainable, elections have become an exercise in futility and political participation seems to be a privilege only afforded to the elite. “But amidst all of this, there is hope. The hope lies in you guys, that this generation that has lost so much already and can’t afford to lose anymore will bring about the necessary structural change and policy interventions to turn things around politically and socio-economically. “We need systems that work and leaders that can be held accountable. We need young people (you) to be interested in the political processes that govern your livelihoods and determine how far you get in life.” Kwenge encouraged young people to use technology and innovativeness in promoting transparency, while claiming their space in the human rights discourse. “Tech is great, use it to your advantage but leave no one behind on the basis of access to smart phones, internet or data. You are only as strong as the community you advocate for, but more importantly the community that supports your cause and walks with you,” she said. “There is strength in numbers. Two weeks ago I attended the Southern Africa HRD Summit in Windhoek, we had a number of panel discussions over several issues, elections, human rights, tech etc. The one question that kept coming from the floor was: Where are the young people? Why are they not up there, why are they not sitting on panels? A valid question. “But regardless of how we old McDonald (Lewanika AL Zimbabwe country director) and I look now, we too were once young people, we demanded space at the table not just because we were young and black but because we had ideas and we were willing to contribute to the discourse on democracy and human rights. So what I’m saying is this, yes you deserve a seat at the table but don’t wait for us to pull out a chair and invite you. Show up, know your stuff and demand that seat, be so committed and steadfast in your ideals that it makes it virtually impossible for us to ignore you or deny you space.” According to the International Labour Organisation (ILO), more than one in four young people in Africa — around 72 million — are not in employment, education or training (NEET), with twothirds being young people and women. Kwenge said this gives young people an opportunity to hold the elites to account. “Africa is in the unique position of being a relatively young continent, with a rapidly growing youth population. This brings with it much potential but also some challenges. Tackling youth unemployment and gender inequalities is essential if countries are to achieve Sustainable Development Goal (SDG) 8 on decent work for all by 2030,” Kwenge said. “The key to resolving this conundrum is in strengthening individual democracies and governance systems throughout the region. What do I mean by this? All over the continent the majority of citizens are disgruntled and despondent.” Cynthia Chingwena, an African Union (AU) youth ambassador for southern Africa, said societies are paying the price of having limited youth involvement in crucial democratic processes. “First, conversations around youth inclusion do not adequately capture value-driven inputs and overly depend on demographics and while it may be true that the world is becoming more African with an increasing number of people aged between 18 and 35, leveraging the demographic dividend requires investing in and mainstreaming youth in nation building efforts,” Chingwena said. “For example, the use of drone technology in enhancing the national and continental peace and security architecture. What I am saying here is Africa no longer needs strongman armies and governments to deal with contemporary security threats such as migration, trans-border crimes and terrorism. Agile policies that take in community perspectives and encourage the participants of diverse stakeholders, including the civil society are the future. “Second, mobilisation. Many states find themselves in disrepute because there are not enough youth committed to formal spaces of participation. In the South African context, up to 48% of those eligible to vote did not show up at the polls — majority being youth.” ‘Young people must take interest in governance’ Chief of Party Advancing Rights in Southern Africa and Freedom House South Africa country director Mpangi Kwenge. Page 26 News NewsHawks Issue 160, 8 December 2023
NewsHawks Page 27 1ssue 160, 8 December 2023 LAUTARO GRINSPAN BUENOS Aires, Argentina – Days after clinching Argentina’s presidential race, self-described anarcho-capitalist Javier Milei arrived on the steps of the White House, ready to meet with a top national security adviser for the United States. His whirlwind trip to Washington, DC, was more than a victory lap, though. It signalled Milei’s plans for a grand realignment of Argentina’s foreign policy — towards the US and Israel and away from China and leftist regional partners. That shift could make Argentina something of an oddity in Latin America. As the region attempts to shake off Cold War-era divisions, experts warn that Milei may embrace stark political divides between right and left. “What we saw in the campaign was a candidate with very strong, very intense ideological convictions, with a rhetoric that in a way was reminiscent of the Cold War, talking about communist countries,” said Tomás Múgica, a political scientist and professor of international relations at the Catholic University of Argentina. As a candidate, Milei assailed China, a top destination for Argentina’s agricultural exports, comparing the country to an “assassin” and saying its citizens were not “free”. He even threatened to freeze relations with the country over its Communist Party rule. Milei also traded barbs with Brazil’s left-leaning president, Luiz Inácio Lula da Silva, whom he labeled an “angry communist” and “corrupt”. Brazil is Argentina’s single largest trading partner. Radical ideas for revamping Argentina’s beleaguered economy have long been Milei’s stock-in-trade. He campaigned on dissolving the country’s Central Bank and ditching the Argentine peso in favour of using the US dollar as currency, in an effort to rein in runaway inflation. But critics say Milei’s domestic ambitions may be curtailed by his party’s modest presence in the National Congress. In foreign policy, however, Milei is expected to have more sway. Once he takes office on Sunday, the foreign affairs ministry will answer directly to him. Early signs indicate Milei may be willing to make good on his campaign bluster. Last week, Milei’s pick for foreign minister, Diana Mondino, confirmed that Argentina would not enter BRICS, a bloc of emerging economies named for its five members: Brazil, Russia, India, China and South Africa. Argentina was set to join on January 1. That decision was a “slap in the face” to China and Brazil, according to Jorge Heine, a Boston University professor and former Chilean ambassador to China. Both had supported Argentina’s entry into the group. But while Milei’s presidency will be a setback to Argentina’s relationship with those two countries, Heine predicts it will give “a new boost to the global far-right movement”. Here are three key shifts in foreign relations expected under Milei: Re-evaluating relations with China At the end of a visit to China this year, Economy Minister Sergio Massa — Milei’s left-wing rival for the presidency — joked that his country should be renamed “Argenchina”. The quip illustrated the close ties the outgoing government has cultivated with Beijing. In the last half-year alone, Argentina joined China’s Belt and Road Initiative, an overseas investment programme, and expanded a currency swap deal that has helped prop up its economy. China is Argentina’s second biggest trading partner and a major investor in its energy and lithium sectors. But Milei’s hardline rhetoric could put those relationships in peril. “Provoking the Chinese is not a good idea,” Heine said. “It has consequences.” Milei’s camp has argued Argentina can unspool its diplomatic ties with China while avoiding a negative impact on its export industry. But Heine is sceptical. “It’s an illusion to think you can lack political relations but still have economic relations,” he said. “In China’s case, it doesn’t work like that.” During a news briefing after Milei’s election, the Chinese Ministry of Foreign Affairs warned Argentina that severing ties would be a “serious mistake”. And Argentina has already experienced blowback to measures it has taken against China in the past. In 2010, when its government accused China of undercutting anti-dumping rules — designed to maintain fair pricing in international trade — China responded by banning the import of soybean oil from Argentina, a crucial blow to its economy. A Milei government could provoke similar retaliation if it takes strong action against China. Ariel González Levaggi, an executive board member at the regional think tank CRIES, said Milei may, for example, pull government support from controverInternational InvestigativeStories Changing course: How Javier Milei will transform Argentina’s foreign policy President-elect Javier Milei, second from right, poses for a selfie with his team after a November 28 visit to the White House in Washington, DC [Evan Vucci/AP Photo] International Investigative Stories
Page 28 sial infrastructure projects financed with Chinese funds. Critics have claimed that some of the projects, including a Chinese military-run space station, compromise Argentine sovereignty. By and large, though, experts expect Milei to follow the example of Brazil’s former far-right President Jair Bolsonaro, who also talked tough on China but largely maintained the status quo. Already, Milei has softened his rhetoric, publicly thanking Chinese leader Xi Jinping on social media for a letter of congratulations after the election. “I send you my most sincere wishes for the wellbeing of the people of China,” Milei wrote back. A full-throated embrace of the US Milei’s predecessor, President Alberto Fernández, was elected in 2019. He came to power as part of a “pink tide”: a wave of left-wing leaders sweeping across Latin America. Many members of the “pink tide” rejected US efforts to shape policy in the region, instead seeking alternatives — like China — to American leadership and economic might. But Milei is expected to break with that trend. On the campaign trail, he repeatedly said he would pursue a foreign policy aligned with the US and the “free world”. That would be a “great opportunity” for the US, González Levaggi said. “There will be a government that is declaring itself openly to be a friend of the US. That’s not something that usually happens” in Argentina, he explained. Milei’s pledge to rein in government spending is likewise expected to resonate with US officials, who see stability in Latin America as a boon to their interests. “Basically, the US doesn’t want Argentina to become a problem,” Múgica, the political scientist, said. “The US looks for stability in Argentina because, at the end of the day, it’s a democratic partner, it’s an exporter of foodstuffs on a global scale, and it could become an important player in the energy sector.” For his part, Milei looks to the US as a pillar of his economic agenda. The US is the International Monetary Fund’s largest shareholder, and Milei will need its help to get a $44 billion loan programme back on track. With his wild hair, larger-than-life personality and thin political resume, Milei has also evoked comparisons to rightwing US leaders like Donald Trump. But Múgica said Milei’s recent trip to Washington sends a message that he and his allies are willing to cooperate with Democrats as well as Republicans. “They tried to show that they can get along well with [Democrats] and that they are not simply Trump copycats in Latin America,” he said. A high point for Argentina-Israel relations The election that brought Milei to victory took place against the outbreak of war in Gaza, a narrow Palestinian territory along the Mediterranean Sea. On October 7, the Palestinian group Hamas led an attack against Israel, killing 1,200 people and taking hundreds more captive. Israel responded by launching a military offensive against Gaza. More than 16,000 Palestinians have been killed in the months since, with United Nations experts warning of a “grave risk of genocide”. The dire humanitarian crisis in Gaza has prompted Latin American leaders to issue strong criticism of Israel’s tactics. Brazil’s Lula called the military offensive a “genocide”. His counterpart in Colombia, fellow leftist Gustavo Petro, called it a “massacre”. No such criticism has come from Milei, though. Rather, in the final weeks of his campaign, he was known to wave the Israeli flag at campaign rallies. His fervent support will likely make his administration Israel’s top ally in the region. “In Latin America, many countries like Brazil, Chile, Colombia, Bolivia and Mexico have strongly criticized Israel,” Heine, the former Chilean ambassador, said. Milei’s stance “is a dissonant position”. His embrace of Israel puts him more in line with leaders from North America and Europe, many of whom have backed Israel’s military campaign, Heine explained. “There’s been an important fissure created between the global north and the global south.” Milei has promised to follow in Trump’s footsteps and move his country’s embassy in Israel from Tel Aviv to Jerusalem, a controversial move. The city has been claimed by both Israelis and Palestinians. He also pledged to declare Hamas a “terrorist organization”. Twenty-one of the captives taken on October 7 were from Argentina. Argentina’s Jewish community, already the biggest in Latin America, may soon be able to count a president among its number. Milei is in the process of converting. He would become Argentina’s first Jewish head of state. – Al Jazeera. China is a major investor in Argentina’s lithium sector, something that could be imperiled by strained relations [File: Agustin Marcarian/Reuters] Then-candidate Javier Milei lifts up an Israeli flag during a campaign rally in Lomas de Zamora, Argentina, on October 16 [Natacha Pisarenko/AP Photo] International Investigative Stories NewsHawks Issue 160, 8 December 2023
NewsHawks Page 29 1ssue 160, 8 December 2023 The NewsHawks is published on different content platforms by the NewsHawks Digital Media which is owned by Centre for Public Interest Journalism No. 100 Nelson Mandela Avenue Beverly Court, 6th floor Harare, Zimbabwe Trustees/Directors: Beatrice Mtetwa, Raphael Khumalo, Professor Wallace Chuma, Teldah Mawarire, Doug Coltart EDITORIAL STAFF: Managing Editor: Dumisani Muleya Assistant Editor: Brezh Malaba News Editor: Owen Gagare Digital Editor: Bernard Mpofu Reporters: Brenna Matendere, Ruvimbo Muchenje, Enock Muchinjo, Jonathan Mbiriyamveka, Nathan Guma Email: [email protected] SUB EDITORS: Mollen Chamisa, Gumisai Nyoni Business Development Officer: Nyasha Kahondo Cell: +263 71 937 1739 [email protected] Subscriptions & Distribution: +263 71 937 1739 Reaffirming the fundamental importance of freedom of expression and me- dia freedom as the cornerstone of democracy and as a means of upholding human rights and liberties in the constitution; our mission is to hold power in its various forms and manifestations to account by exposing abuse of power and office, betrayals of public trust and corruption to ensure good governance and accountability in the public interest. CARTOON Voluntary Media Council of Zimbabwe The NewsHawks newspaper subscribes to the Code of Conduct that promotes truthful, accurate, fair and balanced news reporting. If we do not meet these standards, register your complaint with the Voluntary Media Council of Zimbabwe at No.: 34, Colenbrander Rd, Milton Park, Harare. Telephone: 024-2778096 or 024-2778006, 24Hr Complaints Line: 0772 125 659 Email: [email protected] or [email protected] WhatsApp: 0772 125 658, Twitter: @vmcz Website: www.vmcz.co.zw, Facebook: vmcz Zimbabwe Tshabangu politics a mess Dumisani Muleya Hawk Eye WHEN independent thinkers describe Zimbabwe as an authoritarian kleptocracy, some political charlatans furiously oppose this, arguing that the country’s so-called democratic credentials are solid. They cite the holding of regular multi-party elections, the existence of a Parliament featuring opposition representatives and a judiciary that occasionally finds against the status quo. Their convenient argument is that these are all attributes of a decent democracy and that, in any event, there is no perfect democracy under the sun. They are peddling fallacies, of course. There is no democracy in Zimbabwe. What credible election can we talk about? Elections in this country have been a monumental charade since 1980. Emmerson Mnangagwa's regime has just hammered the final nail in the electoral coffin. In a brazen case of electoral fraud and deceit, the Zimbabwe Electoral Commission (Zec) has blatantly facilitated the daylight robbery of voters. Take the example of Mabvuku-Tafara constituency in Harare. Voters have been denied their right to elect their preferred MP through the imposition of Zanu PF candidate and gold baron Pedzai "Scott" Sakupwanya. The people's choice and main opposition legislator Munyaradzi Kufahakutizwi was undemocratically barred from standing in Saturday's by-elections. Kufahakutizwi was elected MP in the August general elections, defeating Sakupwanya, but was removed through recalls coordinated by controversial activist Sengezo Tshabangu who is supported by the ruling Zanu PF, state security agents, embittered political opportunists, the executive, Parliament and the judiciary. The Mabvuku-Tafara issue has deceit and blood spattered all over it. After Kufahakutizwi had been recalled, the inconsistent and incoherent Tshabangu said it had been done my mistake. The CCC candidate went to court to confirm his eligibility to stand in the by-elections, but the same Tshabangu opposed his move. Meanwhile, Zec jumped in and said Kufahakutizwi had also been disqualified by the High Court. Through that web of deceit and gaslighting the public, Zec declared Sakupwanya duly elected unopposed. This is naked fraud. In the run-up to the by-elections, Kufahakutizwi's campaign pillar, Pastor Tapfumaneyi Masaya, was abducted and killed by brutes connected to the state, Zanu PF and Sakupwanya. What it means is that Sakupwanya is now MP through brazen fraud and blood-spilling typical of Zanu PF throughout its history. One of the tragic outcomes of Zimbabwean repression is the role of the judiciary in this catastrophic situation. The professional reputations of judges and magistrates have been defiled beyond repair, particularly on political matters. Repeatedly, the judges have partisanly sided with Tshabangu as they pander to his arbitrary actions to remove popularly elected representatives of the people. Even though Tshabangu's case is based on wilful falsehoods and brazen lies throughout the plot and sub-plots, the executive, Parliament and the judiciary are supporting him to serve Zanu PF's political and his own personal interests. This is happening while badly damaging state institutions and the country's image. In the 1980s, long-time dictator Robert Mugabe tried to entrench a one-party state, with devastating consequences for the country. Mnangagwa now thinks he can succeed where Mugabe came to grief. A one-party state is doomed to failure. It can enable Zanu PF overlords to stifle dissent and suppress alternate perspectives for a while, limiting the ability for diverse political views and ideas to be represented, but in the long run the unmitigated oppression leads to national ruin. The Zanu PF regime is clearly incapable of reform. There is a heavy price to pay. One-party state leads Zim to ruin Editorial & Opinion
IN the aftermath of local political activist Sengezo Tshabangu’s recalls tsunami and by-elections that have shaken the main opposition CCC to the core and disrupted it badly, party leader Nelson Chamisa — the most popular and bona fide opposition player in the country currently — must sit down, reflect and move on. He must quickly deal with the Tshabangu political madness, regroup with his allies and restrategise. He needs everyone at the moment. He must put aside his differences with colleagues, and rise to leadership. Even if it means leading a team of rivals like Abraham Lincoln. They need to rebuild the opposition; start from the foundation to fix the fundamentals and go upwards. Even though Tshabangu might have had a legitimate grievance and good intention at the beginning, his strategy has been a disaster. He has now simply reduced himself to a Zanu PF political instrument, acting to destroy the opposition at the behest of state security agents, Zanu PF and self-interested individuals. In the process, he has only succeeded in giving Zanu PF a twothirds majority to amend the constitution as they wish. He has also brought Zanu PF back to Bulawayo in major way for the first time since 2000. That is not something he should be proud of given the blood and sweat opposition activists have had to endure to secure the ground which has now been lost. However, the irony is he will be irrelevant eventually. A lot has happened since the CCC was formed last year in January last year. Some of the issues were inherited from the associated previous parties in the form of the MDC and its various manifestations. Whether the CCC’s roots lie in the MDC or not, is not important. What is important is to learn from the MDC experiences. Chamisa has done a lot of great things, like his remarkable showings in 2018 and 2023 against a formidable Zanu PF machinery, backed by the state and millions of dollars, which gave the country hope for change. That is why he remains the main authentic voice of the opposition and plausible alternative. Everything else is wishful thinking — at least for now. Yet he has made a lot of mistakes. The main reason is that he is trying. Only those who do nothing don’t make mistakes. But at the same time those experiences and mistakes have shown light on his progressive qualities and limitations. He has great potential if he learns from his past and others. Mistakes in our careers from different walks of life are a part of being human. We need to appreciate our mistakes for what they truly are: precious life lessons that can only be learned the hard way. Chamisa must be big enough as a leader to admit his mistakes, smart enough to capitalise on them, and strong enough to correct them, as someone once said. Of course, it is tiring to dwell on one’s mistakes; it can be discouraging. So it’s time for Chamisa to shift his perspective and embrace the power of learning from his past. That will save him a lot pain going forward. Insightful words from renowned thinkers and successful individuals always remind us that mistakes are not failures, but rather stepping stones towards success. As Henry Ford said, the real mistake is not making a mistake, but failure to learn from the mistake. Tshabangu arrived like a bat out of hell to wreak havoc in the CCC through wilful falsehoods and deceit. He has inflicted a heavy blow on the CCC and democracy, but he cannot defeat an idea whose time has come: Change. But then again the CCC drama was entirely avoidable. CCC and its leaders should learn from this experience. Chamisa and his allies should not have sought to reinvent the wheel through nebulous and dubious concepts like strategic ambuity or organised chaos. They should have just formed a proper political party with a relevant name and catchy slogan, sound ideological foundation, workable policy framework, constitution, organisational structures, office-bearers, offices, bank accounts, standard operating procedures, systems, strategies and tactics. This would have largely helped to institutionalise the party and avoid the current chaotic mess. This is not to say there would be no infiltration from the system. Covert forms of authoritarian control remain a strategy of dictators’ authoritarian survival, but organisational vulnerability is acute where there is no order. Infiltrators thrive in chaos. Infiltration will be always be there, but it can be managed if the organisation is strongly institutionalised and properly led. That is what the CCC needs at the moment — leadership in times of adversity. Leadership is critical. Strong leadership, not intransigent leadership, is what is badly needed. Good leaders always have vision, they inspire their party and followers; have strategic and critical thinking; consult and listen. Listening does not mean docility and lack of ideas. It means one takes good ideas and strategies, and rejects bad ones depending on the situation and circumstances. As a leader, accept that you are sometimes expected to make necessary and unpopular decisions; that your relations with your colleagues can become more challenging. Accept that you may become unpopular and have to deal with many more questions than you feel comfortable with. Accept the tensions, and walk the tightrope after making unpopular, but necessary decisions. When it comes to leadership, stubbornness — being rigidly self-centred — can be one's downfall. This means leadership style is important and must be dynamic, and constantly adaptive. Leadership must be rule-based, not arbitrary. The constitution, rule of law, internal democracy and procedures must be upheld. Deployments must be based on meritocracy and competence – not patronage, identity and impositions, as well as other nuanced considerations to be found in complex systems like a political party and arrangements. Policies, programmes, strategies and tactics must be constantly reviewed. Leaders and supporters must sacrifice for change. The party must get local politics right everywhere. It must have an elders’ council, think-tanks, experts and adequate funding behind it. Given its youth team, CCC needs experienced political operators in critical positions and people with substance to inspire confidence. That is how the CCC must be organised, controlled and run. It must work democratically and efficiently, not like an underworld secret society. The main thing is to work to build an alternative to fix the broken country; the politics, leadership and policy failures, governance and accountability issues, economy, service delivery, patronage, corruption, joblessness, poverty and many other issues which have made Zimbabwe a volatile cauldron of repressed public anger and volcanic instability. President Emmerson Mnangagwa and Zanu PF have demonstrated over 43 years, that they are unable or unwilling — or both — to run Zimbabwe competently and progressively. To say they failed is just being polite. It’s worse than that. If CCC, a good political project to push for democratic change if beefed up properly, had done the basics, Tshabangu would not have found an opportunity to strike that way. He is not a factor alone, but an instrument with which to strike the CCC. At things stand, Tshabangu has achieved his mission - myopic and self-serving as it is: Wreak havoc in the CCC, disrupt its momentum and hand over a two-thirds parliamentary majority to Zanu PF, and then name the price. That’s temporary gratification for him. He won’t go far, especially hobnobbing with Zanu PF political hyenas always looking for predatory means of scavenging for survival through hustling, looting and brutality. However, all is not lost. The CCC, Zimbabwe’s only bona fide opposition alternative, can still regroup, rebuild and rise. Chamisa is still the real article and genuine alternative. The party can certainly emerge stronger, organised and wiser from this experience provided people learn something from it and do the right things — urgently. Page 30 Dumisani Muleya Hawk Eye Editorial & Opinion NewsHawks Issue 160, 8 December 2023 Chamisa must reflect, move on CCC leader Nelson Chamisa
Page 26 NewsHawks Issue 76, 15 April 2022 Business MATTERS NewsHawks CURRENCIES LAST CHANGE %CHANGE USD/JPY 109.29 +0.38 +0.35 GBP/USD 1.38 -0.014 -0.997 USD/CAD 1.229 +0.001 +0.07 USD/CHF 0.913 +0.005 +0.53 AUD/USD 0.771 -0.006 -0.76 COMMODITIES LAST CHANGE %CHANGE *OIL 63.47 -1.54 -2.37 *GOLD 1,769.5 +1.2 +0.068 *SILVER 25.94 -0.145 -0.56 *PLATINUM 1,201.6 +4 +0.33 MARKETS *COPPER 4.458 -0.029 -0.65 BERNARD MPOFU FINANCE minister Mthuli Ncube has hinted at tweaking proposals announced recently in the National Budget which were widely criticised as anti-people, as Treasury buckles to pressure from the public and business. Ncube presented the 2024 National Budget statement last month which proposed the widening of the revenue base through several taxes and levies targeting both the rich and the poor. Immediately after announcing the measures, the Finance minister faced enormous criticism from different quarters saying the fiscal statement was not well-thought-out. Economists, tax experts and business leaders on Thursday poked holes into Ncube’s ZW$58 trillion budget which, among a raft of measures, seeks to introduce a wealth tax on properties valued at US$100 000 and above; a levy on fizzy drinks, raising toll fees; tightening screws on the informal sector and new levies for lithium miners. A panel of experts which included respected economists such James Wadi, Joseph Mverecha and Ernst & Young tax expert Shelton Kusotera red flagged the budget measures, saying most of them were inflationary and would push up the cost of living. “I also ask the minister to consider the 70 years [cut-off] age. I retire at 61 where I belong so I think we then need to lower it to maybe 65 so that pensioners do not suffer the effects of the tax,” Kusotera said. “Are we going to be covering old properties? Properties constructed in the 1960s, if there are such properties worth this amount, are we going to be taxing such properties if they belong to noted properties? How are you going to tax such properties if they are shared, how are we going to tax these properties if they have multiple purposes: residential and business? I think we then need to have those specific guidelines.” George Guvamatanga, the ministry’s permanent secretary, set the tone for the looming changes when he told delegates attending a breakfast meeting organised by the Chamber of Mines of Zimbabwe, the Confederation of Zimbabwe Industries and audit firm Ernst & Young that the government is ready to make amends. “I think the overarching issue here is that these proposals that have been presented for consideration and part of this process really allow us to refine the measures,” Guvamatanga said. “Some of the measures are legal, some are technical, and others are political but eventually we need to review them and refine them so that they make sense. “We have to quickly adjust some of the measures before the year ends as some will be effective on January 1 2024.The purpose is for us to refine the budget because the budget is for the people,” Guvamatanga said. Ncube then stepped in, saying Treasury will consider post-budget submissions made by various constituencies. Commenting on the controversial wealth tax on properties following a paper presented by Kusotera, the Finance minister promised to effect some changes on the proposals. “I'm always amazed by Zimbabweans, they say hatina mari ( we are broke), but if you check each and every other family there is a child abroad at expensive schools. So we know that comprehensive wealth check so we just decided that what is simple and clean is let us just target house ownership,” he said. “Again, we will be sensitive as we implement this . . . We have really taken that on board. Someone has got one house and that is their primary dwelling and they are paying an exorbitant amount on that. We are very sensitive to that and we are going to deal with that. “(George) Guvamatanga will correct the zeros so when we say to the sugar people give us US$0.02 so that we create a cancer fund, what we are looking for as government is a cancer fund so that we can buy cancer equipment, it means we are pro-people. And the biggest part of the budget is going to the education sector, this means we are for the people,” Ncube said. Ncube's deputy, Kudakwashe Mnangagwa, defended the budget as pro-poor. “When we sit down as the ministry, technocrats, bureaucrats, policymakers, it actually starts from the elderly persons,” Mnangagwa said. “So, for example, when we look at the toll fees, we first look at what is the cost of roads. The amount of money that you save when you dont have to buy shocks as many times per year after changing tyres many times or involved in an accident, it’s so much than increase in toll fees.” A day after the budget presentation, former Finance minister Tendai Biti blasted Ncube. “Mthuli Ncube’s 2024 budget statement presented on Thursday is a shocking parody of fascism, extraction, dishonesty, incompetence and downright narcissism,” Biti said. “The imposition of a massive array of taxes on a population mulcted by poverty and social challenges is reflective of this anti-citizen polity. The increase in tollgate charges, passport fees, duty on soft drinks, vehicle registration and fuel levy are narcissistic and unnecessary. The proposed government takeover of third party insurance is clearly unconstitutional and zany. The massive removal of VAT zero rating on all goods except exports and medicines will hurt the poor and elderly as will the removal of duty suspension on basic goods.” Finance, Economic Development and Investment Promotion minister Mthuli Ncube during the 2023/2024 national budget presentation at the new Parliament building in Mount Hampden recently. — Picture: Aaron Ufumeli Finance minister hints at reversing 2024 tax horror
Page 32 Companies & Markets NewsHawks Issue 160, 8 December 2023 BERNARD MPOFU FINANCE secretary George Guvamatanga has issued local financial institutions a month-long ultimatum to reduce service charges amid concerns that the fees are discouraging savings. Banks traditionally earn the bulk of their income from interest charged on loans instead of service charges. But in Zimbabwe, the financial institutions have taken a cautious approach in lending, citing policy inconsistency and limited access to capital for on-lending. Over the years, the authorities have used moral suasion to entice the fragile financial services sector to make adjustments on astronomical fees after public complaints. Moral suasion is the act of persuading a person or group to act in a certain way through rhetorical appeals, persuasion, or implicit and explicit threats — as opposed to the use of outright coercion or physical force. In economics, it is sometimes used in reference to central banks. Guvamatanga told delegates attending a post-Budget breakfast meeting that the authorities are concerned over the increase of non-funded income on the books of banking institutions. Non-interest income is bank and creditor income derived primarily from fees including deposit and transaction fees, insufficient funds (NSF) fees, annual fees, monthly account service charges, inactivity fees, check and deposit slip fees, and so on. Credit card issuers also charge penalty fees, including late fees and over-the-limit fees. Institutions charge fees that generate non-interest income as a way of increasing revenue and ensuring liquidity in the event of increased default rates. “Someone commented that we no longer have banks in this country but real estate companies masquerading as banks, literally collecting rent from customers on a monthly basis,” Guvamatanga said. “If you withdraw US$100 000, you walk away from the bank with US$97 000, so the question is: Are we encouraging the depositors to pay their money? There is always an argument that there different accounts: there is a deposit account or a savings account. But look, how are we encouraging the depositors to have their money in those accounts which do not attract this US$15 or US$20? The other place where there is robbery is Visa and MasterCard, those foreign cards. You deposit your money, you are charged commission for depositing your cash. “I pledge with you that please can you go back starting from January 2024, can you sit down during the remaining two weeks so that when you come back in January your charges also encourage people to put their money into the bank. At the moment the banks are the biggest problem as far as confidence is concerned. They are now focused on non-funded income instead of the core business (interest income). Insiders say financial institutions agreed on an upward review of the fees to maintain ATM infrastructure and banking software, in a move analysts say could boost non-interest income for the sector, while hurting customers. Banks are charging up to 2% commission on withdrawals, while monthly bank charges are as high as US$30. “I was looking at your results, most of you are between 60 and 70% non-funded income,” Guvamatanga said. “I know you have restructured your business, but a 70% non-funded income, 30% funded income, that is not achievable anywhere in the world. It has actually shown that the cost of banking in this country is just too high. This is something that we have not spoken about and I hope that you will go back and relook and have major adjustments and maybe that confidence may come back.” BERNARD MPOFU ZIMBABWEANS are now paying for the government’s failure to service international debt, with the country set to spend ZW$1 176 218 000 000 (US$203 146 459) on debt servicing, more than funds allocated to some key government ministries. Zimbabwe is now spending more on debt servicing compared to housing and energy put together. The country’s debt overhang is weighing heavily on the economy, as the government cannot borrow from multilateral institutions because of past failure to honour obligations. The country’s total debt soared to US$18.03 billion as of December 2022 from US$17.2 billion, with external debt constituting 70.9% (US$12.8 billion or ZW$8.78 trillion) while domestic debt constitutes 28.7% (US$5.2 billion or ZW$3.56 trillion). With no budgetary support from traditional lenders such as international financial institutions due to non-payment of arrears, Zimbabwe has been mainly relying on grants, bilateral loans and domestic resources to finance its key capital projects. After allocating ZW$1.2 trillion to servicing debt, the government has allocated a paltry ZW$90bn towards the ministry of Energy and Power Development, ZW$353bn to National Housing and Social Amenities and ZW$131bn to Industry and Commerce. The Zimbabwe Coalition on Debt and Development (Zimcodd), a social justice watchdog, says there is a need for the government to continue dialoguing with creditors, while swiftly implementing economic, governance, and land tenure systems to receive debt relief. “The 2024 proposed budget has laid bare the negative impacts of high indebtedness as the country now spends more resources on debt servicing than on social protection. In 2023, the Treasury paid US$55.6 million and US$10.7 million on external debt servicing and token payments respectively,” said Zimcodd in its analysis. “In 2024, the budget resources totalling ZW$948.3 billion are earmarked for interest payments, an amount far exceeding the resources earmarked for some key ministries such as housing (ZW$353 billion), energy (ZW$90 billion), youths (ZW$210.2 billion), and women (ZW$188.1 billion). “As such, there is a need to continue dialoguing with creditors and swiftly implement identified reform matrices (economic, governance, and land tenure systems) to receive debt relief. In addition, debt transparency must be increased and mortgaging of natural resources for more debt be discontinued.” The paltry allocations to other key ministries, for instance Energy and Housing, are ironic, considering the Zimbabwean government has missed its target to provide cheap and affordable housing over the past years. In 2018, the government promised to deliver 300 000 houses per year, but in 2020 it lowered the bar to between 20 000 and 30 000 units per year, targets it has been struggling to meet. Rolling power cuts have also been taking a toll on residential areas, with some areas going for over 15 hours without electricity. Zimbabwe’s industrial areas, particularly in Bulawayo and Harare, have transformed into relics of what they used to be, with several companies closing over the past decade. The country is struggling to service its debt, despite latest statistics showing a decrease in domestic creditors over the past year. “The proposed 2024 budget has shown that as of September 2023, Zimbabwe has domestic creditors of US$5 billion, down from US$5.2 billion in December 2022 and external creditors of US$12.7 billion, declining from US$12.8 billion as of December 2022,” Zimcodd said. “The retrenchment of debt is largely attributable to a decrease in liabilities on the RBZ balance sheet by US$684.8 million. However, the nation remains trapped in debt distress, that is, struggling to honour financial obligations to its creditors, and debt restructuring is required. “This is shown by ballooning arrears and penalties; of the US$9.1 billion bilateral and multilateral debt, 76% (US$7 billion) are principal arrears, interest arrears, and penalties.” Ncube’s 2024 budget proposal has raised a public outcry, with numerous tax hikes to be effected by January 2024. According to the new budget, toll fees have been hiked on premium roads like the Harare-Beitbridge and Plumtree-Mutare highways as well as on other roads by between 250% and 300%, sparking an outrage. Passport fees have also been hiked, with an ordinary passport now costing US$200, up from US$120, while an emergency passport now costs US$300, up from US$220. Economist Professor Gift Mugano said Parliament should reject the new budget, as it is anti-people, with the proposed tax hikes projected to bring more pain to already impoverished citizens, hence deepening the socio-economic crisis. Don’t fleece clients: Guvamatanga tells banks Citizens paying price for govt’s nasty debt record
Companies & Markets Page 33 BERNARD MPOFU ZIMBABWE’S debt-distressed government will repay its US$400 million loan from the African Export and Import Bank (Afreximbank, pictured) using part of the proceeds realised from platinum sales as the mining industry faces a severe slowdown in commodity prices impacting negatively on export earnings. The southern African country is currently ineligible to access concessional funding from international financial institutions such as the World Bank and the African Development Bank after defaulting on repayments at the turn of the millennium. According to the Public Debt Report, total public and publicly guaranteed (PPG) debt stood at US$17.7 billion, as at the end of September 2023, of which external debt amounted to US$12.7 billion (72%) and domestic debt of US$5.0 billion (28%). “Government, in February 2023, secured a US$400 million loan from Afreximbank for budget support and the financing of trade-related infrastructure,” the Public Debt Report reads. “The US$400 million Afreximbank loan is repaid using 35 percent of Zimplats’ export proceeds, which are managed by RBZ.” The terms of the Afreximbank include an interest rate of 10.216%, arrangement fees 2.75%, commitment fee 0.5% and default Interest of 12.216%. The loan which has no grace period will be repaid monthly and should be fully serviced by 2029. The Chamber of Mines of Zimbabwe says royalty for platinum, which went up by 180% from 2.5% to 7%, is impacting negatively on the viability of platinum projects. Platinum producers contend that the increase in platinum royalty resulted in a 5% average increase in overall production cost. “The situation has been worsened by slowdown in PGMs prices. Rhodium price declined from around US$13 000/ounce in September last year compared to the current average of around US$4 000/ ounce,” a report by the Chamber of Mines reads. “Palladium prices also declined from US$2 200/ounce in September last year, to the current averages of around US$1 200/ounce. The platinum producers are operating at full capacity and, unlike other mineral sub-sectors, they have little scope to ramp up production to cover for revenue losses due to softening PGMs prices. “Resultantly, the contribution of the platinum group metal miners to the economy has been declining over the last 12 months. Given the current situation and to restore viability as well as maximise the contribution of the platinum industry to the economy, we appeal for a royalty of around 3%. The royalty can be reviewed in line with movements in platinum prices up to a maximum of 5%.” Mining experts say the sector’s viability has been worsened by the increase in the cost structure, foreign currency shortfalls, capital constraints and fragile power supply. Official figures show that mineral revenue for the first half of 2023 were at US$2.6 billion, down from US$2.9 billion for the same period last year. Now the authorities are now making token payments to creditors in an effort to normalise relations and access concessional funding in future. Official figures show that the government made external debt service payments amounting to US$55.6 million over the period from January to September 2023, for the active portfolio, legacy debts and token payments. Treasury made token payments to all international financial institutions and Paris Club creditors amounting to US$10.7 million over the same period. BERNARD MPOFU AUSTRALIAN Stock Exchange-listed resources firm Invictus Energy is on the cusp of developing Zimbabwe’s first-ever commercially viable gas project after declaring a gas find in Muzarabani. Despite being home to dozens of base minerals, Zimbabwe remains one of the least developed countries with nearly half of its population living in poverty. This has been described by critics as the paradox of plenty. Invictus announced on that four samples from the Upper Angwa section of its Mukuyu-2 exploration well have confirmed the presence of gas. Invictus Energy managing director Scott Macmillan, a Zimbabwean national, said yesterday: “We are delighted to declare a gas discovery from the Mukuyu-2 sidetrack well in the Upper Angwa formation.” “The discovery represents one of the most significant developments in the onshore Southern Africa oil and gas industry for decades. “I’m extremely proud to be involved with the Invictus team and our partners in opening up one of the last untested rift basins. The perseverance and hard work by of our dedicated team has paid off. “The company has delivered an exceptional result from the first two wells drilled in Mukuyu, which provides us with significant running room in our large portfolio of prospects and leads for further discoveries in our acreage in the Cabora Bassa basin. Zimbabwe's Mines minister Zhemu Soda confirmed that Geo Associates and its partners Invictus Energy and One Gas Resources have declared a major gas discovery in the Muzarabani area. "This is a major discovery and represents one of the most significant developments in the onshore Oil and Gas Sector in the Southern Africa Region. The discovery is the first Triassic aged hydrocarbon in Sub-Saharan Africa," Zhemu said. According to the company, the samples came from depths of up to 2.7km in the exploration well, which is being drilled to a depth of 3.4km. It says it is now awaiting independent assessment in the United States. This will help the company know more about the resource. Exploration will, meanwhile, continue on site to locate more drilling targets in the basin. The gas find comes after a decade of exploration by Invictus Energy. Before this, Mobil explored the area, but abandoned it after indications showed there was more likely to be gas than oil. Invictus then used Mobil’s data to kick off its own exploration campaign. Invictus announced that it planned to spend in excess of US$100 million in its exploration for oil and gas in Zimbabwe’s Cabora Bassa Basin. Invictus breakthrough boosts gas prospects Zim eyes platinum earnings to repay Afreximbank loan NewsHawks 1ssue 160, 8 December 2023
Mushayavanhu incoming RBZ governor The Banker FBC Holdings chief executive John Mushayavanhu RBZ governor John Mangudya Page 34 Companies & Markets NewsHawks Issue 160, 8 December 2023 FBC Holdings chief executive John Mushayavanhu has been appointed the incoming Reserve Bank of Zimbabwe governor. He will replace outgoing governor John Mangudya whose second fiveyear term ends on 30 April 2024. Mushayavanhu is an Associate of the Institute of Bankers in Zimbabwe. He holds a Diploma in Management from Henley Management College, United Kingdom, a Masters degree in Business Administration from Brunel University, United Kingdom and a PhD in Business Administration from Binary University, Malaysia. A career banker, Mushayavanhu over 41 years in the financial services sector. He has previously held senior positions in corporate and retail banking with a local multinational bank. Mushayavanhu is a former Presidentof the Bankers Association of Zimbabwe. He joined FBC Bank as an executive director in the corporate banking division in October 1997. Mushayavanhu became Managing Director in 2004 and was appointed chief executive of FBC Holdings on 1 June 2011.
BRENNA MATENDERE THE banning of Citizens' Coalition for Change (CCC) party candidates led by opposition stalwart Nelson Chamisa from contesting in the by-elections held on Saturday is tragic for Zimbabwean politics and may lead to unintended civil disobedience and chaos. The recalls, being ochestrated by Sengezo Tshabangu, who says he is the CCC interim secretary-general, have confirmed that Zimbabwe’s judiciary is heavily captured and that other oversight institutions such as Parliament are compromised. Analysts also believe the CCC should now take a radical position, including pulling out of Parliament and councils. CCC candidates performed well in the 23 and 24 August elections where they stopped Zanu PF from getting a desired two-thirds majority, which the party desperately wants. Some well-resourced Zanu PF candidates lost the polls, sending a message that money does not always buy votes. In Bulawayo’s Cowdray Park constituency, the CCC’s Pashor Sibanda defeated Finance minister Mthuli Ncube despite his swanky campaign marked by a massive rollout of glitzy projects. In Mabvuku-Tafara, Munyaradzi Kufahakutizwi (CCC) also did the same by outshining wealthy gold baron Pedzai "Scott" Sakupwanya. Sakupwanya has however strolled into Parliament after Kufahakutizwi was barred by the courts from contesting. Kufahakutizwi and Sibanda join other popular CCC candidates who were banned from contesting after the courts ruled in Tshabangu's favour, when they sought to challenge the recalls. In President Emmerson Mnangagwa’s playbook, this is designed to edge the ruling Zanu PF closer to a one-party state despite the fact that two million people voted for the opposition CCC in the 23 and 24 August election. A large number of Zimbabweans are not happy with this callous disregard of their vote as Mnangagwa consolidates his grip on power. Analysts say even the late president Robert Mugabe did not plunge to those depths in disregarding democracy. Academic and publisher Ibbo Mandaza told The NewsHawks that all is not well in Zimbabwe’s politics right now. “The whole recall saga has been as questionable as it is tragic for Zimbabwe’s politics. It raises serious questions about the complicit role of the executive, not to mention the judiciary and the Speaker of Parliament, in a campaign designed to destroy any semblance of the formal opposition and a return, by design or inadvertently, to the one-party state. “All said, do those involved in this nefarious campaign really understand the serious implications attendant? It’s sad, tragic indeed,” he said. When asked what the CCC must do under the circumstances, Mandaza was coy. "That question is for Chamisa and his team," he said. Stephen Chan, a professor of worls politicd based at the University of London’s School of Oriental and African Studies, said the CCC must take a radical stance. “It is too late for the CCC to find new candidates. All it can seek to do is to take the radical step of temporarily 'expelling' the candidates on the understanding that they will reapply to join the party after the elections, i.e. that they seek to stand as independents— if the detail of the court ruling permits. “But the trap set by Tshabangu continues to be sprung. One would expect a vigilant CCC to have a contingency plan on standby,” he said. Plitical analyst Rashweat Mukundu told The NewsHawks: “I said it before and just repeating myself …my position remains that CCC has no business in this Parliament and councils. The courts, Zec, and all state institutions are politically captured and compromised and untill CCC realises that the struggle for democratisation has to take different formats, then this is the end result,” he said. The question that boggles the mind is: Are citizens prepared to hand Zanu PF a two-thirds majority on a silver platter? With a two-thirds majority, as is now likely after the banning of CCC candidates, Zanu PF will be able to wantonly amend the national constitution, including presidential term limits. It could mean Mnangagwa may just manage to grab another term. In Parliament, a two-thirds majority will enable Zanu PF to shun accountability and transparency, to the detriment of governance. Zimbabwean politics has reached a new low. News Analysis Page 35 Banning of CCC candidates tragic for Zimbabwe politics Pedzai "Scott" Sakupwanya. Sakupwanya has however strolled into Parliament after Munyaradzi Kufahakutizwi was barred by the courts from contesting. NewsHawks 1ssue 160, 8 December 2023
Technology is a potent vehicle for financial inclusion: Ncube The following are remarks by Zimbabwean Finance, Economic Development and Investment Promotion minister Professor Mthuli Ncube on financial inclusion]-exploring initiatives to bring banking and financial services to the underserved and unbanked populations using technology. He was speaking on 8 December at the 2023 Global Reputation Forum, at the British House of Lords. Salutations INVITED guests, ladies and gentlemen, greetings to you all, and welcome to this event. My address today will focus on the topic “Exploring Initiatives to Bring Banking and Financial Services to the Underserved and Unbanked Population Using Technology” Before I get to the topic, let me give some background on the architecture of the Zimbabwean financial sector. The financial sector comprises the banking sector, insurance, pensions and capital markets, microfinance. All these institutions contribute towards implementing financial inclusion initiatives enshrined in the National Financial Inclusion Strategy. While my remarks focus on Zimbabwe’s case, the initiatives apply to a wide variety of African countries. Zimbabwe’s financial inclusion journey, has been very positive. Since 2014, we witnessed a rise in financial inclusion, from 69% of the adult population to 83% in 2022, reducing the financial exclusion gap from 23% to 12% respectively. This was largely driven by the increased uptake of mobile money services, sprouting with 72% of households having access to a bank, microfinance or mobile account with which to transact digitally. I now turn to the area of focus, “exploring initiatives to bring banking and financial services to the underserved and unbanked population using technology”. Financial technology plays a key role in providing financial services to all levels of society, underserved or marginalized groups including women & youth, Micro Small and Medium Enterprises (MSMEs), rural communities & smallholder farmers, people with disabilities, pensioners and the elderly. Technology-enabled financial innovation, has proved to be efficient and cost effective, and continues to play a crucial role in shaping the financial inclusion landscape, from product and service development to new financial intermediation methods and delivery channels, including management of risks by the financial service providers. Having recognised the importance of digital transformation and financial inclusion, the Government of Zimbabwe first developed and implemented its first National Financial Inclusion Strategy (NFIS I) (2016- 2020) which defined financial inclusion as “the effective use of a wide range of quality affordable & accessible financial services, provided in a fair and transparent manner through formal/regulated entities, by all Zimbabweans. As a follow-up to the NFIS (2022-2026), the country is currently implementing the 2nd National Financial Inclusion Strategy, mainly focusing on increasing financial inclusion access and usage for special groups including women & youth; Micro Small and Medium Enterprises (MSMEs); rural communities & smallholder farmers; people with disabilities; pensioners and the elderly. In so doing, Zimbabwe has explored the following financial technology initiatives to bring banking and financial services to the underserved and unbanked population; Digital financial services Digitisation of financial services has provided an array of financial services through a variety of digital channels, including payments, credit, savings, remittances and insurance. Thus, the use ATMs, bank cards, electronic banking, mobile banking applications, among others can significantly improve customer benefits and usage, as well as long-term sustainability for providers. National payment system The national payment system for Zimbabwe increased the use of digital payment channels in a bid to increase financial inclusion, for example, through the Real-Time Gross Settlements (RTGS). Mobile financial services Mobile money financial services, offered through basic feature phones, have played a pivotal role in increasing uptake and usage of financial services and products in Zimbabwe and in making the financial sector more inclusive. Mobile banking requires the presence of a bank account, in the first place, effectively banking the unbanked in order for individuals and corporates to make deposits, withdrawals, and even access microloans with just a mobile phone. This has therefore unlocked economic opportunities for the grassroots businesses. The bank account is mirrored on the mobile phone. This has, therefore, unlocked economic opportunities for the grassroots businesses. A significant portion of Zimbabwean's population relies on remittances from family members working abroad. Mobile financial services have streamlined cross-border remittances, making the transfer of funds faster, cheaper, and more efficient, e.g. EcoCash, One Wallet. Interoperability Cognisant of the importance of mobile network operators (MNOs) in facilitating financial inclusion in the digital space, the central bank introduced bank and mobile money interoperability in 2020, which accelerated instant payments. MNOs have had a growing impact in this Finance, Economic Development and Investment Promotion minister Mthuli Ncube Page 36 Reframing Issues NewsHawks Issue 160, 8 December 2023
space while new technologies, especially those driving digital finance, provide immense opportunities for connecting businesses across the world. There is still work to be done to ensure full access to telecommunications in rural communities to enhance access to financial services. It is envisaged that Potraz (the regulator for telecoms), mobile network operators, non-profit organisations, and other stakeholders will partner up in guaranteeing and achieving such access. Credit registry A credit registry system aimed at enhancing the credit referencing environment in Zimbabwe and improve access to credit, has been successfully deployed. The credit registry promotes responsible lending practices, and a reduction in over-indebtedness and credit costs, as credit service providers are now able to better understand their customers using verifiable credit data. The long-term benefits of the registry include a reduction in the level of non-performing loans in the financial sector and improved access to credit. Credit Guarantee Scheme Following a realisation that micro-small to medium scale enterprises (MSMEs), women, youth and persons living with disabilities have limited, or no formal collateral required when accessing finance. In 2018, the bank in line with the National Financial Inclusion Strategy, resuscitated the Credit Guarantee Scheme which is provided through the Export Credit Guarantee Company of Zimbabwe (ECGC). The main objective is to facilitate productive lending to small businesses to stimulate economic growth and development. SME auction system Ladies and gentlemen, Zimbabwe MSMEs contribute 60% to the gross domestic product (GDP) but the majority face challenges due to limited access to foreign currency to finance importation of critical inputs into their production. In this regard, to cater for the foreign currency needs of these MSMEs, the country introduced a second foreign exchange auction system on 4 August 2020. The MSME foreign exchange auction system has ushered in a more predictable foreign exchange market that is conducive to sustainable MSME development. Collateral registry While significant progress was registered in the area of access strand, surveys have revealed that women, youth and MSMEs continue to face challenges due to inadequate or lack of requisite collateral. As a solution to this challenge, the country, in November 2022, launched the Collateral Registry System which to date has proved to be a “game changer” in facilitating access to credit to the marginalised and the young people who normally would be considered risky because of lack of collateral. It is pleasing to note that currently, the Collateral Registry System has a total of 1186 Active registered security interests with a corresponding loan amount of ZW$4.2 trillion. Gold coins and goldbacked digital tokens The 2022 FinScope survey indicated that savings have generally been on a downward trend from about 47% in 2014 to 36% in 2022, largely due to low disposable incomes and few investment alternatives, particularly for the marginalised groups. Zimbabwe introduced gold coins as an investment alternative and to inculcate a savings culture among Zimbabweans. Reflecting our focus on engendering inclusivity, the gold coins have small denominations to allow targeted groups to adopt them as an alternative store of value. As a complement to the sale of physical gold coins, the Central Bank introduced Gold-Backed Digital Tokens (ZiG) to expand the value-preserving instruments available to the marginalised segments of the society and enhance the divisibility of the investment instruments. The ZiG is fully backed by physical gold held by the Bank and its value is at par with the value of the physical Mosi-oa-Tunya gold coin and remains informed by the international gold price. In addition, the ZiG has now been transformed to be able to facilitate transactions in the economy, complementing the domestic currency. Technology key driver to inclusive insurance In respect of the Insurance sector, ladies and gentlemen, Africa’s insurance penetration rate averages 3% compared to the world’s global insurance penetration of 7% while Zimbabwe’s insurance penetration rate stands at about 2.54% as at September 2023. Some of the major barriers to the uptake of traditional insurance by the underserved include the relatively high cost of insurance premiums, low levels of awareness, inappropriate products that do not meet the needs of the vulnerable population and inadequate infrastructure for the distribution of insurance services to rural communities. Zimbabwe is not out paced by the technology wave. Technology has played a key role in improving the uptake of insurance in Zimbabwe’s underserved communities, However, the Insurance sector and in particular the microinsurance space in thereby increasing the communities’ adaptation and resilience, thus promoting inclusive insurance. Microinsurance framework A microinsurance framework, which facilitates the licensing of dedicated microinsurance entities, low- and irregular-income earners is being implemented, eleven (11) microinsurance entities having already been registered. The major distribution channel for insurance products offered by micro insurers is technology-driven through mobile phones e.g. Credsure, However, more products and players are needed in this area. Agricultural index-based insurance According to the Food and Agriculture Organisation (FAO), smallholder farmers in Zimbabwe produce 70% of the country’s staple foods, i.e. maize, millets, and groundnuts yet have access to less than 5% of national irrigation facilities and relatively low access to insurance products. In view of the climate change-related risks , and the need to increase adaptation and resilience, the insurance regulator, in collaboration with the International Finance Corporation (IFC), and the Access to Insurance Initiative (a2ii) is working on projects that will result in the development of agricultural index insurance, These projects will hinge on technology, which allows for innovative risk assessment and pricing techniques, ensuring that insurance products are more tailored and affordable to smallholder farmers. It is envisaged that such projects will form the basis for leveraging artificial intelligence and data analytics for insurance entities to identify and understand risks in a more granular and accurate manner. Insurers will also be able to develop customised products that meet the specific needs of the underserved communities. Econet Wireless, the biggest mobile network operator, has onboarded a large number of policyholders for the funeral policy using its platform which has a wider reach. Capital markets Exchange-traded funds (ETFs) On the capital market front, the Zimbabwe Stock Exchange has introduced new products, namely the exchange-traded funds (ETFs), which are unitised investment portfolios in the equity market, the Zimbabwe Stock Exchange. ETFs also come with low transaction costs, and have enabled individual investors to access unitised and diversified portfolios, and thus improved financial inclusion in the equity markets. To date, five (5) exchange-traded funds, namely: Cass Saddle Agriculture, Morgan and Company Multi-Sector, Morgan and Company Made in Zimbabwe, Old Mutual Top Ten, and Datvest Modified Consumer Staples, have been listed. Unit trusts/mutual funds Ladies and gentlemen, Zimbabwe is also promoting unit trust/mutual fund products, which again are deepening financial inclusion in capital markets Real estate investment trusts (REITs) For inclusive investments in the property/real estate sector, Zimbabwe has introduced REITs. This goes a long way in deepening financial inclusion in the property sector. The REITs market has listed the Tigere Property Fund and the Revitus (initial public offering). Zero-cost bank accounts In addition to the many products available, the central bank, working with commercial banks and other financial institutions, has introduced zero-cost bank accounts which are in the form of savings accounts to the general public in order to promote and encourage a savings culture and promoting financial inclusion in the process. Conclusion In conclusion, ladies and gentleman, Zimbabwe's embrace of digital transformation in the financial sector is a beacon of hope for the underserved and unbanked communities, in particular rural communities. While digital transformation holds immense promise, Government is seeking to address the following challenges: Infrastructure: Access to network coverage remains a challenge in rural areas, hindering the reach of digital banking and mobile financial services. Cybersecurity: With the shift to digital platforms, cybersecurity becomes paramount, ensuring that financial data is secure is a continuous endeavour. Financial Education: Ensuring that the newly included population groups have adequate financial literacy. However, Zimbabwe has integrated digital literacy into the national curriculum in schools, and ICT capacity development programmes are being implemented. This initiative will facilitate digital financial literacy which is critical in understanding and interacting with financial services providers on the digital platforms that have now become the norm in the financial sector. Ladies and gentlemen, Zimbabwe’s drive in embracing digital transformation in the financial sector, is a beacon of hope for the underserved and unbanked communities, in particular, rural I THANK YOU! NewsHawks Reframing Issues Page 37 1ssue 160, 8 December 2023
Page 38 Reframing Issues PROFESSOR ARTHUR G.O. MUTAMBARA FROM the GNU, fast forward to the future. Further proof and testimony of the reactionary nature of some of the provisions of our 2013 National Constitution, in particular Section 72, follow swiftly as Mnangagwa's embattled Government on 29 July 2020 signs the Global Compensation Deed Agreement with the representatives of the former commercial farmers. The objective of the despicable and sell-out arrangement is to compensate former White colonisers for the socalled “improvements” on the land. Yet, the dispossessed victims of colonialism receive no compensation for their stolen labour, abused land (which was taken by force and used without their consent or benefit), land use opportunity cost, seized livestock, destruction of livelihoods and loss of lives. The principled position is that there should be no compensation to the colonisers under any conditions or circumstances. There should be neither compensation for the land nor for “improvements” on the land. Moreover, in the Mnangagwa compensation framework, the responsibility for restitution is placed on the entire citizenry. Yet, the individuals who benefitted from seizing the farm assets and infrastructure are known. These individuals make no specific contribution to the payment exercise. Even the idea of global fundraising for the compensation does not cure the travesty. The debt or donations will be accrued on behalf of every Zimbabwean taxpayer. All this is executed in pursuit of immoral, ahistorical and unjust compensation. Of course, the regime argues that the compensation deal “adheres to the Constitution of the Republic of Zimbabwe”. On 3 August 2020, in response to blistering attacks and derisive condemnation by SA’s opposition party – The Economic Freedom Fighters (EFF), the Zimbabwe Embassy in SA decides to take action. In a report titled “Zimbabwe Upholds Constitution by Signing Land Compensation Agreement”, covered by ZBC, Ambassador David Hamadziripi boldly asserts: “For the record, the provisions of the Global Compensation Deed Agreement signed on 29 July 2020 between the Government of Zimbabwe and representatives of the former commercial farmers fully adhere to the Constitution of the Republic of Zimbabwe, in particular, Section 72, which deals with ‘Rights to Agricultural Land'. That section stipulates in paragraph 3(a) that where agricultural land is compulsorily acquired for a public purpose, no compensation is payable in respect of its acquisition, except for improvements effected on it before its acquisition. This is what the signed compensation agreement of 29 July 2020 provides for. The Government of Zimbabwe will compensate the former farmers for the improvements on the acquired land ONLY. No more. There is nothing treasonous in upholding one's own national Constitution.” The full provisions of Section 72(3) of the 2013 Constitution state as follows: “Where agricultural land, or any right or interest in such land, is compulsorily acquired for a purpose referred to in Subsection (2)- a) no compensation is payable in respect of its acquisition, except for improvements effected on it before its acquisition; b) no person may apply to a court for the determination of any question relating to compensation, except for compensation for improvements effected on the land before its acquisition, and no court may entertain any such application; and c) the acquisition may not be challenged on the ground that it was discriminatory in contravention of section 56.” What a shame. These unwise provisions we included in the 2013 National Constitution have created fertile ground for retrogressive anti-people shenanigans. Indeed, we played hostage to fortune. I intensely regret this. What is worse, Zimbabwe’s inept, directionless and divided opposition groups are united in their treacherous silence on this diabolical and disgraceful deed between the miserably incompetent – and desperately seeking legitimacy and respite from Europe and the United States – Mnangagwa regime and the former White farmers. As for the hypocritical, self-interest-focused, and kith-and-kin-politicsdriven West – they are ecstatic. Their cousins are sorted. More importantly, a precedent has been set where the victim compensates the criminal. This is good news for the former colonisers and slave owners across the world. However, some of the unrepentant hardliner imperialists are not satisfied. They want more: “There must be compensation for the land itself. In fact, the land reform programme must be reversed!” Anyway, back to the compensation deed – the thought of challenging it in the Constitutional Court is moot. Firstly, in the main, the arrangement is constitutional. Secondly, even if you are going to argue for the beneficiaries of the seized “improvements” to pay the compensation, it is an unwinnable case. Most of the judges are among such beneficiaries. They cannot rule against themselves. They are conflicted and soundly captured through the corruptly executed land reform program. “Cry, the beloved country.” Indeed, we join Alan Paton in profound exasperation. As if paying compensation for the socalled improvements was not enough treachery, the Mnangagwa regime goes further and offers compensation for the land itself while providing for the return on to the land for some of the White former farmers. The Herald newspaper of 1 September 2020, in an article titled “Government Moves to Maximise Agricultural Production”, reports the following remarks by Minister of Finance Mthuli Ncube: “Farm owners who are indigenous Zimbabweans or citizens of countries which had ratified Bilateral Investment Protection and Promotion Agreements or Bilateral Investment Treaties with Zimbabwe at the time their land was compulsorily acquired for resettlement are entitled to compensation for both land and improvements, in terms of subsections (1) and (2) of Section 295 of the Constitution of Zimbabwe. … Government has already provided that these former farm owners can apply in writing to the Minister of Lands, Agriculture, Water and Rural Resettlement for restoration of title to the piece of agricultural land that was compulsorily acquired from them for resettlement.” It is unbelievable! What a despicable betrayal. Indeed, it is an outright negation of the land revolution. Once again, the 2013 Constitution provides cover for these unprincipled shenanigans by a despotic regime desperate for accommodation with imperialism and Western capital. Section 295, titled "Compensation for Acquisition of Previously-Acquired Agricultural Land", states as follows: 1. Any indigenous Zimbabwean whose agricultural land was acquired by the State before the effective date is entitled to compensation from the State for the land and any improvements that were on the land when it was acquired. 2. Any person whose agricultural land was acquired by the State before the effective date and whose property rights at that time were guaranteed or protected by an agreement concluded by the Government of Zimbabwe with the Government of another country, is entitled to compensation from the State for the land and any improvements in accordance with that agreement. 3. Any person, other than a person referred to in Subsection (1) or (2), whose agricultural land was acquired by the State before the effective date is entitled to compensation from the State only for improvements that were on the land when it was acquired. 4. Compensation payable under subsections (1), (2) and (3) must be assessed and paid in terms of an Act of Parliament. Once again, our sell-out provisions in the 2013 Constitution have come to haunt us. It is also prudent to note that only some of the requirements of the law are being adhered to. As indicated above, Section 295(4) provides that any compensation “must be assessed and paid in terms of an Act of Parliament”. This legal instrument has not been enacted, yet the compensation deed has been promulgated, and further decisions have been made on payments for the land itself and restoration of title. The primary motivation for these rushed and treacherous moves on the land agenda is the palpable desperation of the despotic regime in Harare. They are divided, insecure and edgy. Sitted from left: Government of National Unity principals Arthur Mutambara, Joice Mujuru, Robert Mugabe, Morgan Tsvangirai and Welshman Ncube (standing far right). Reflections on the GNU and 2013 Constitution (Part 2) This is a book excerpt from: In Search of the Elusive Zimbabwean Dream, Volume III (Ideas & Solutions) NewsHawks Issue 160, 8 December 2023
Reframing Issues Page 39 The objective is to use the unrefined and unsound pronouncements on land to seek accommodation with Western governments and obtain some reprieve from the isolation they are being subjected to because of gross human rights violations, widespread corruption and profound state-craft illiteracy. Of course, the progressive people of Zimbabwe are livid about the duplicitous attack on the ethos of the land revolution. Under a barrage of attacks from various quarters, including war veterans, Mnangagwa tries pacifying the incensed country by declaring that no taxpayers’ funds will be used to compensate White former commercial farmers for improvements made on farms. “The money will be sourced externally,” the regime insists. The Sunday Mail newspaper of 13 September 2020, through a piece titled "President clears air on land, SA envoys", reports him as saying: “We, however, have a few individuals who fail to understand or comprehend our Constitution, Section 295 of the Constitution. … The position is that as Zimbabweans, we shall not pay compensation for land, and that remains ... we are saying no taxpayer’s money will be used to pay that compensation. … ... We have set up a committee including White former farmers to go to Europe where they will raise the money to pay under the Agreement. Then we hear some individuals who are unable to comprehend just one provision saying: ‘We want to reverse the land reform programme’, NO!" Poor Emmerson. Well, well, well. He has his knickers in a twist, and yes, ‘he doth protest too much!’ The same Sunday Mail article goes on to betray him and expose his pathetic dishonesty by stating that: “A Joint Resources Mobilisation Committee to work with the Ministry of Finance and Economic Development was established to raise funds through long-term debt and other financial instruments with a tenure of up to 30 years.” Surely, how can the taxpayers be responsible for paying back the “longterm debt and other financial instruments with a tenure of up to 30 years”? This means the taxpayer’s money will be used to compensate the White farmers. What a clumsy and unintelligent political gladiator! In any case, it is part of a government’s mandate to raise resources internally and externally in pursuit of the interests of the citizens – the taxpayers. Once you start raising resources externally for any purpose other than that, you are undermining the interests of the taxpayers. There is no way out of the criminal and counter-revolutionary import of both the compensation deed and the decision to return land to Whites (restoration of title) while paying compensation for the land itself in some cases. Of course, the fact that the 2013 Constitution has provided loopholes enabling this treachery is problematic. The traditional critics of the 2013 Constitution are having a field day. On 5 September 2020, in an article in the state newspaper – The Herald – titled “POLAD backs farmers’ compensation”, NCA President Lovemore Madhuku gleefully says: “The Constitution provides for it [compensation], and if you have to blame anything, you have to blame the Constitution, and if you blame the Constitution, you have to blame the people of Zimbabwe for endorsing that Constitution.” There we are. I guess Bill Clinton’s chief strategist, James Carville, would say: "It is the 2013 Constitution, stupid!" It is fair and just to ask: “Why did we allow in the 2013 Constitution the various ill-conceived, reactionary and undemocratic provisions which have such a debilitating impact? Why did we leave the imperial presidency largely untouched? Did we not understand the implications of our egregious omissions and commissions? Surely, we cannot get away with just expressing regret. What went wrong?” The answer is quite simple. Among us was the misguided, unprincipled and opportunistic ambition to enjoy those same unbridled powers and undeserved privileges if one day the opposition forces were swept into office. Of course, that naiveté and misplaced expectations preoccupied mainly our MDC-T party colleagues who felt that the presidency of Zimbabwe and the control of Parliament were within reach for them. “When we take over as the MDC-T, we want to enjoy and utilise those excessive presidential powers. It will be our time to eat and misrule.” Of course, it was an unforgivable miscalculation – a blunder of monumental proportion. What a shame! Unfortunately, this unstrategic predisposition on the part of the opposition is still with us in the year 2020. As ZANU-PF assails the 2013 National Constitution in a bid to reinforce the imperial presidency through the Constitution of Zimbabwe Amendment (No. 2) Bill, there is muted, incoherent and non-committal push-back from the MDC Alliance – the main opposition in Zimbabwe. “Well, we may snatch the country's presidency and enjoy those imperial powers. Let ZANU-PF do the dirty work using their two-thirds constitutional majority. We have nothing to lose and everything to gain.” That seems to be the uncouth and lame attitude of Zimbabwe’s main opposition. Sad. Through Sections 71 and 72, the 2013 National Constitution marks the historic compromise between the White Rhodesian commercial farmers, the Black nationalists in ZANU-PF and Western capital. Ostensibly, the nationalists were never committed to social revolution but instead sought to be included in a deracialised national bourgeoisie working in concert with global imperialism. As students at the University of Zimbabwe in the late 1980s – together with our colleagues in the labour movement – we knew this. We clearly articulated our opposition to the post-colonial nationalist petit-bourgeois, moribund monopoly capitalism, and global imperialism. However, in 2013, as we – former student and labour leaders – constitute and run the GNU with ZANU-PF, we have mellowed, to put it politely. In fact, we have sold out the revolution! In our two MDC parties, we have the strong influence of former Rhodesian farmers, White liberals, the comprador bourgeois, local business elites and global imperialism – through the explicit involvement of Western governments and, in particular, the United States and the United Kingdom. Of course, these meddling interests would not allow us to challenge the adoption of Sections 71 and 72. On some platforms, colleagues from the MDC parties championed the inclusion of these sections. Even in August 2020, they fervently defend these provisions and the compensation deed of 29 July 2020. Their deceitful and self-serving refrain is that: “Yes, the compensation must be paid. However, it must be footed by the beneficiaries of the land reform programme.” My MDC colleagues do not want to accept the broader and more fundamental absurdity of the enslaved person compensating the slave owner, the colonised paying restitution to the coloniser. Of course, they must be cautious not to upset their White colleagues, global business backers and supporters in Western capitals. It is called selling one’s soul to the devil. It is both pathetic and tragic. Ultimately, my robust critique, expressed several times during the constitution-making process, remains impenetrable and unassailable. I argued that it is not enough to have a New Constitution – a beautifully written document. It is just a piece of paper and will NOT suddenly solve our problems. A good national constitution is a necessary but NOT sufficient condition for democracy, development and prosperity. We need constitutionalism in addition to a people-driven governance charter. As I have repeatedly argued ad nauseam: Achieving constitutionalism – the behaviour, tradition, and culture of respecting the Constitution – is much harder than adopting a New National Constitution. Constitutionalism cannot be legislated or declared into existence by acclamation. It is about slowly and diligently developing a value system and mindset different from our country's. This will require civic education, social mobilisation and exemplary servant leadership. Establishing a Zimbabwe Civic Education Commission would have helped in this endeavour. What is in our hearts and minds is as important as what is in the 2013 National Constitution. My disposition is in keeping with the wise words of US Judge Billings Learned Hand in the “Spirit of Liberty” speech, which he delivered in 1944 to celebrate “I am an American” Day. Learned Hand was a US judge and judicial philosopher who served in the US Southern District of New York and later in the United States Court of Appeals for the Second Circuit. He posits as follows: “Liberty lies in the hearts of men and women; when it dies, there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it. The spirit of liberty is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understand the minds of other men and women; the spirit of liberty is the spirit which weighs their interests alongside its own without bias." Our national constitutional journey must continue. However, we should pay more attention to the fundamental need to change what is in the hearts and minds of Zimbabwean men and women. That agenda is more critical than drafting a national constitution or creating rules and laws. On 31 December 2019, the ZANU-PF government published the Constitution of Zimbabwe Amendment (No. 2) Bill, officially embarking on the process of amending our national charter. Evidently, what is in the hearts and minds of the ZANU-PF leadership is not aligned with the letter and spirit of the country’s 2013 National Constitution. *About the writer: Professor Arthur G.O. Mutambara is the director and full professor of the Institute for the Future of Knowledge (IFK) at the University of Johannesburg in South Africa. Former Prime Minister Arthur Mutambara (left) shacking hands with the late former President Robert Mugabe. NewsHawks 1ssue 160, 8 December 2023
Dr REWARD MUSHAYABASA BEFORE discussing how Zimbabweans appropriate digital media spaces to promote democratisation, it is pertinent to examine the reasons why activists are migrating from legacy to digital media. Digital media are a by-product of the new technological revolution. Larry Diamond (2010) termed digital media a liberation technology because of the ease with which most citizens weaponise it to create democratic spaces for debate and commentary. It enables users to create and distribute content on social media and online news platforms. Digital media come with some inherent advantages compared to legacy media. One of them is that they offer users the latitude to communicate with each other with minimum interference from the filtering processes by the gatekeepers (Hansen, 2020). The other advantage is the relative ease of access and usability. The promise of the information communication technology (ICT) revolution is that more information will seamlessly lead to greater opportunities for collective action and progressive change. From this perspective, the proliferation and abundance of information provides individuals who have access to ICTs with an unprecedented number of options to exercise voice and influence in political processes. Thus, the argument goes, ICTs have great potential to enable collective mobilisation and to broaden political participation (Menocal, 2021, np) These points were confirmed by some of the respondents during the interviews. One of the respondents, a Zimbabwean academic and post-doctoral scholar based at a university in South Africa, said that during the first 20 years after independence, the State made every effort to control print and electronic media, adding that: People later started to look for alternative spaces like digital media. Digital media is popular because it is cheaper and more accessible. In addition, it provides an element of anonymity (Online Interview with Anonymous Respondent re: XXM21,19/10/2020) There was a consensus among the respondents that the digital media are a game changer, especially in countries under authoritarian rule where citizens feel asphyxiated by the State’s control of the mass media. The respondents believe that under these circumstances, digital media empower citizens and open democratic spaces for counter narratives. This point was underscored by one of the respondents, a Zimbabwean national working for an international development agency in Eastern Africa (Online Interview with Anonymous Respondent re: XXM41, 26/01/2021). The respondent said: Digital media are important in our national politics. The political landscape has changed in recent years. The State-owned media’s monopoly has been eroded. In addition, the demographics of our population has shifted over the years. Youths now constitute the majority and are politically active in digital media spaces. These spaces are important for democracy and have rekindled our politics (Online Interview with Anonymous Respondent re: XXM41, 26/01/2021). This respondent’s point was supported by a veteran Zimbabwean journalist now based in Johannesburg, South Africa (Online Interview with Anonymous Respondent re: XXM34, 23/01/2021). He said digital media were a game changer for contentious politics in Zimbabwe. There is a huge difference between where we are today and where we were yesterday. For instance, during apartheid in South Africa, media organisations were banned from naming the African National Congress (ANC) and its leaders. We also had a similar situation in Rhodesia after the banning of the Zimbabwe African People’s Union (Zapu) and the Zimbabwe African National Union (Zanu). The ban was later lifted in 1978 after the signing of the Internal settlement agreement (Online Interview with Anonymous Respondent re: XXM34, 23/01/2021). From the above discussion, we can see that there was a consensus among respondents on the pivotal role played by digital media in promoting political activism. Most respondents agreed that digital media opened spaces for political commentary and debate. One of the respondents, a Zimbabwean post-graduate student based in the United Arab Emirates (UAE), Dubai, (Online Interview with Anonymous Respondent re: XXF16, 29/01/2021) said digital media offered citizens the latitude to participate in political activism without fear. She said: Now if something happens . . . people can express their opinions and emotions. For some people it is a new way to express themselves behind hidden identities to avoid State surveillance (Online Interview with Anonymous Respondent re: XXF16, 29/01/2021). The respondent’s point was supported by a former managing director of a state-owned media organisation in Zimbabwe (Online Interview with Anonymous Respondent re: XXM23, 19/09/2020). He said the advent of new technologies had a far-reaching global impact, like the former Soviet President, Mikhail Gorbachev’s, perestroika (reconstruction) and glasnost (openness), adding that: Digital media have opened up societies. In the age of digital technologies, no one enjoys sole monopoly over media ownership. An individual has as much reach as a major newspaper stable (Online Interview with Anonymous Respondent re: XXM23, 19/09/2020). A former Zimbabwe Broadcasting Corporation (ZBC) radio manager (Online Interview with Anonymous Respondent re: XXF35, 06/11/2020) added that there are several reasons why people have migrated to digital media spaces in recent years. She said: Zimbabweans are fatigued by the hunger for authentic news in real time. The digital spaces also offer counter narratives which are not readily available in the mainstream media (Online Interview with Anonymous Respondent re: XXF35, 06/11/2020). The respondent’s sentiments were echoed by another respondent, who was working for a quasi-governmental organisation in Zimbabwe (Online Interview with Anonymous Respondent re: XXF36, 12/10/2020). She said that, compared with five years ago, there was a wider use of digital media in the country, adding: Digital media give citizens a voice. As a result of digital media, people have gained a lot of confidence in articulating what they want. However, the current media environment in Zimbabwe is polarised and skewed. That scenario leaves the rural majority without a voice. For most people in the rural areas, digital media are a luxury. Under the current economic challenges, the people are more concerned with putting food on their tables (Online Interview with Anonymous Respondent re; XXF36, 12/10/2020). Karekwaivanane and Msonza (2021) concur with the argument that digital media technologies are beyond the reach of most people under the current situation in Zimbabwe, which is characterised by high unemployment and low economic growth. Given the prevailing socioeconomic hardships, many Zimbabweans are focused on meeting their basic needs rather than digital rights. Issues such as SIM card registration, facial recognition and online disinformation are not given the attention they deserve. At the same time there is limited reDigital media technology and democratisation in Zimbabwe Page 40 Reframing Issues NewsHawks Issue 160, 8 December 2023
Reframing Issues Page 41 alisation that the continued suppression of civic space and curtailment of digital rights leaves Zimbabweans limited in their ability to contest political corruption, fuel and food prices, or abuse of civil liberties and political freedom (Karekwaivanane and Msonza, 2021, p56). As mentioned previously, my research recruited respondents from a wide spectrum of Zimbabwean citizens and one of the respondents interviewed for this study is a veteran broadcaster and former head of a private radio station (Online Interview with Anonymous Respondent re: XXF13, 05/10/2020). The respondent believes that the digital media give a voice to the voiceless. She offered a more nuanced response, adding: Digital media are doing quite well. They are offering a great service. The government is finding it very difficult to control the digital media. That is why it freaks out very often. However, the main problem is the cost of data. It is huge. In addition, not all people have access to digital media. The majority living in the rural areas have no access to digital technologies (Online Interview with Anonymous Respondent re: XXF13, 05/10/2020). Bosch, et al; (2020) concur with this respondent’s views. The notion of a digital divide is still a major challenge in most developing countries in Africa like Zimbabwe and “permeates and influences the levels of participation on social media platforms” (Bosch, et al; 2020, p361). As a result, only citizens with access to new technologies are able to communicate using digital media “at the expense of the disconnected and poor citizens” (Ibid.). On the other hand, a Zimbabwean post-doctoral media scholar based in Namibia (Online Interview with Anonymous Respondent re: XXM29, 01/09/2020) criticised the content of most posts in digital media spaces. Although digital media help to amplify and circulate dissenting voices, most of the content lacks reflexivity. In recent times we have seen the amplified use of digital media spaces as platforms for free speech and expression. The digital media spaces are very active and vibrant platforms for circulation of ideas. However, most of the posts in these spaces lack reflexivity (Online Interview with Anonymous Respondent re: XXM29, 01/09/2020). The respondent raised a valid point. Some of the posts in digital media spaces lack reflexivity. There is a need for more light and less heat in the communicative ecology of the digital spaces. We need more robust debate in digital media spaces to promote transformative change. Dahlberg (2001) argues that: . . . a cursory examination of the thousands of diverse conversations taking place every day online and open to anyone with Internet access seems to indicate the expansion on a global scale of the loose webs of rational-critical discourse that constitute what is known as the public sphere (p1). Dahlberg (2001) further argues that an ideal public sphere should meet six normative benchmarks, and these are as follows: “autonomy from state and economic control; exchange and critique of criticisable moral-practical validity claims, reflexivity, ideal role-taking, sincerity, discursive inclusion and equality” (Ibid.). This chapter argues that digital media meet some of Dahlberg’s (2001) criteria for a public sphere. In addition, Mhiripiri and Mutsvairo (2013) argue that digital media meet some of the normative benchmarks of “a traditional public sphere” (Mhiripiri and Mutsvairo, 2013, p411). They add: Certainly, citizens’ ability to freely post stories on Facebook or provide comments on online stories shares the same characteristics of the traditional public sphere (Ibid.) In his seminal work, The End of Power, Moises Naim (2013) argues that the new media are a game changer and create opportunities for more interactive communication among individuals and communities. He added that these new technologies “are tools – and to have an impact, tools need users, who in turn need goals, direction, and motivation” (Ibid, p14). Naim’s (2013) argument is ample proof of the potency of digital media and “shows that new media environments empower individuals and communities to mobilise for change by creating and distributing content” (Milton and Mano, 2017, p184). Over the past decade, digital media has transformed the communicative ecologies of social activists. Examples abound on how activists have used digital spaces to promote their causes to much wider audiences. Using the Moldova protests as a case study, Morozov (2009) referred to the use of digital media in the European country as the ‘Twitter Revolution’. Protesters in Moldova used Twitter “to challenge pending parliamentary elections” (Bennett and Segerberg, 2013). African countries have not been spared by this rising global tide of digital media activism. During the same period, we witnessed revolutions unravelling in the Maghreb countries of Tunisia, Algeria, Egypt and Libya, with the help of digital media activism. In recent years, we have seen the citizenry in Sub-Saharan African (SSA) countries, such as Sudan, Democratic Republic of Congo (DRC), Kenya, Uganda, Malawi, South Africa, Zambia and Zimbabwe, using digital spaces to clamour for democratic change in their countries. In principle, ICTs can profoundly democratise the public sphere because they make it possible for everyone, not just those perceived to be elites, to contribute to and shape ongoing debates. Platforms like Facebook and Twitter have upended the relationship between political authority and popular will. The function of curating content has shifted from traditional mediating mechanisms or ‘gatekeepers’ – such as newsroom editorial boards, journalists, or political parties – towards individuals and their social networks. In theory, this flattening of information hierarchies has the potential to make the political arena more open and accessible, expose people to more diverse viewpoints and enable them to connect across time and space at a speed and scale that was unimaginable before (Menocal, 2021, np). In terms of positionality, this study covers the period from 2016 to 2022. The choice of that period is deliberate and significant because that was the year when social movements like #ThisFlag and #Tajamuka/Sijikile were formed during the Mugabe era. Since 2016, there has been an upsurge in the number of Zimbabwean activists using digital spaces as a site for manufacturing resistance to the dominant narratives in the country (Mare, 2020a). In recent years, during the Mnangagwa era, whose nomenclature is variously described as the ‘Second Republic’ or the ‘New Dispensation’, we have witnessed more social movement players like #ZimbabweLivesMatter and #DemLoot joining the fray. On the other hand, the State has used two key strategies in response to the upsurge in digital media activism. The first strategy involved the use of the State repressive apparatus to clamp down on political activism, while the second strategy included the appropriation of digital media spaces by using trolls and bots. A former prominent member of the ruling Zanu PF party, who decided to maintain anonymity during the interview, said the political elites in Zimbabwe were aware of the potency of digital media. He said that a few days before the ousting of Mugabe on 17th November 2017, there was a blackout in the mainstream media. Social media platforms, like Facebook and Twitter, became one of the main news sources from which people could access information about the ‘military-assisted-transition’ negotiations between Mugabe and the military junta. The appropriation of digital media during the ousting of the late former President Robert Mugabe from power in November 2017, was well timed and deliberate. It was part of the overall military coup strategy. Some activists were used by the military as proxies to help in mass mobilisation and give the coup a ‘civilian face’. In recent times we have seen the political elites deploying bots and trolls on social media platforms, like Facebook and Twitter, to manufacture legitimacy for the ruling party (WhatsApp Telephone Interview with Anonymous Respondent XXM44, 12/09/2020). There might be some grain of truth in these sentiments. According to Zamchiya (2020), some senior Zanu PF officials were aware of the waning political fortunes of the former President, Robert Mugabe, before he was ousted by the 17th November 2017 coup. The officials mobilised cross-party support and reached a pact with the MDC-T party. The main opposition party was promised “an internationally supervised free and fair election or a transitional government involving both MDC and Zanu PF” (Zamchiya, 2020, p4). However, after the successful ousting of Mugabe, Zanu PF reneged on its earlier promises to the MDC-T party. The events above underscore Nyamnjoh’s (2005) argument that digital media activism underpins African core values of “solidarity, interconnectedness and interdependence” (Nyamnjoh, 2005, p16). Nyamnjoh’s (2005) argument is valid, and it might explain why, in Zimbabwe both the ruling Zanu PF party and the main opposition MDC Alliance, weaponize digital media spaces as a site of political activism. Zanu PF uses digital media activism to legitimate their political hegemony, while MDC Alliance uses it as a site for political resistance (Mare, 2020a). Against this backdrop, the study of digital media activism as a site of contestation in the struggle for democracy is now more relevant than it was previously in Zimbabwe. This study seeks to answer questions on the effectiveness of digital media in the country. For this study, respondents from a wide spectrum of Zimbabwean professionals were interviewed. The consensus among the respondents was that the digital media are a game changer in the country’s contentious politics. One of the respondents, a Zimbabwean foreign correspondent based in Harare (Online Interview with Anonymous Respondent re; XXM9, 26/10/2020) said that, over the past few years, digital media have fuelled digital activism. Digital media activism is growing at a phenomenal rate. There is a lot of it. It is turning out to be a major avenue for activism. It helps to reach more audiences. In a nutshell, digital media activism helps in terms of mobilisation and creating awareness. It is easier for activists to reach a groundswell of support for their causes among other citizens. For instance, the #ZimbabweLivesMatter hashtag movement grew like a wildfire in digital spaces and helped to put the Zimbabwean political crisis into the international spotlight. It is now difficult for authorities to silence citizens. Digital media help people to break the barriers of oppression (Online Interview with Anonymous Respondent re; XXM9, 26/10/ 2020). This argument was supported by a prominent newspaper publisher, who is a veteran journalist with several years’ experience in both colonial and postcolonial Zimbabwe (Online Interview with Anonymous Respondent re: XXM38, 08/10/2020). The respondent believes that the digital media empower citizens, adding that: The people of Zimbabwe have taken to digital media activism in a big way. This comes against the recent backdrop of shrinking democratic space. Digital media activism offers citizens the opportunity to vent their anger and frustrations against the declining standards of living and basic freedoms. But whether this achieves anything, it is very debatable (Online Interview with Anonymous Respondent re: XXM38, 08/10/2020). The respondent’s ambivalence is understandable, especially when viewed from the vantage point of Mnangagwa’s new political dispensation. During the early days of his administration, Mnangagwa promised to repeal of some of the draconian legislation against freedom of speech in Zimbabwe. Some of the laws like Access to Information and Protection of Privacy (AIPPA) “have either been repealed or remain under parliamentary review” (Mutsvairo, 2021, p77). As a result of these political overtures, “more citizens are now accessing platforms, and in comparison to the Robert Mugabe era, digital dissent is being tolerated” (Ibid.). However, some respondents disagreed, and they offered a more nuanced perspective on the effectiveness of digital media activism. For example, a former editor of a Stateowned newspaper (Online Interview with Anonymous Respondent re; XXM39, 20/11/2020) said digital media activism had been vibrant in the last few years. He added: We have witnessed digital media activism driven by politics. It was quite effective towards the build-up to the November 17, 2017 (military-assisted transition). We also saw a lot of digital media activism in the streets of Harare on August 1, 2018 (during the post-election demonstrations and shootings of civilians by soldiers). However, some of the digital media social movements fizzled out without bringing any tangible results (Online Interview with Anonymous Respondent re: XXM39, 20/11/2020). On the other hand, other respondents felt that digital media spaces are a contested terrain. The government has total control of these spaces, both directly and indirectly, for example, by using internet shutdowns and changing the regulatory framework for the Internet Service-Providers (ISPs). However, a chief executive officer of a media advocacy organisation in Zimbabwe (Online Interview with Anonymous Respondent re: XXM22, 7/10/2020) said these repressive measures by the State do not stop people from freely expressing themselves. He said: Subalterns are very savvy and know how to circumnavigate around State control of the digital media spaces. They have found digital spaces which are not under control of government. In addition, a lot of digital media activism is fuelled by Zimbabweans in the diaspora. (Online Interview with Anonymous Respondent re: XXM22, 07/10/2020). The respondent above has raised a valid point. This study found there was some tension between Zimbabweans inside the country and those in the diaspora. Most respondents in the diaspora were forthcoming with information during the interviews, while some local Zimbabweans were circumspect about participating in the study. I suppose most Zimbabweans in the diaspora were willing to participate in the research because of the freedoms they enjoy in their host countries, freedoms which are not normally taken for granted in their country of origin. However, in recent years, some Zimbabweans have used the Virtual Private Network (VPN) to circumvent internet shutdowns by the State. Others use social messaging apps like WhatsApp that give users the advantage of end-to-end encryption, but there is a need for caution, though. The end-to-end encryption is not one hundred percent fool-proof. In recent years there have been instances where hackers were able to break into the social messaging app and extract data. Against this backdrop, what hope is there for democratisation and digital activism in Zimbabwe? *About the writer: This is an extract from Dr Reward Mushayabasa’s PhD thesis awarded by the University of Westminster, United Kingdom. Mushayabasa is a veteran media trainer. NewsHawks 1ssue 160, 8 December 2023
Page 42 Reframing Issues CHRIS MURONZI WHEN Obert Manduna was elected member of parliament for Nketa constituency in Zimbabwe’s second biggest city of Bulawayo in August, the former humanitarian worker was elated. “It has always been my passion to work with the downtrodden, vulnerable, and disadvantaged members of the society,” Manduna told Al Jazeera. “So this has been a calling, an inborn talent that is in me to help [the] community, and this desire was cemented by my entry into politics.” But this Saturday, his seat and that of 14 other members and eight senators, all members of the country’s main opposition, the Citizens' Coalition for Change (CCC) are up for grabs in a by-election. The events leading up to the vote have been a bizarre episode even in a country all too used to unpredictable political developments. Barely a month into his new role, Manduna was shocked to discover on social media he had been fired from his dream role. A man purporting to be the CCC secretary-general, had recalled him and the other 20 opposition lawmakers. “Kindly be advised that the following members of the senate were elected under Citizens' Coalition of Change (CCC) political party and have ceased to be members of the Citizens Coalition for Change political party,” read part of a letter dated October 3. It was authored by one Sengezo Tshabangu to Speaker of Parliament Jacob Mudenda. The news hit him hard. “It affected me psychologically for a few minutes but I am [a] strong believer in community development and I have continued with my work,” Manduna said. Under Zimbabwean law, a member’s seat can become vacant when parliament is dissolved, if he or she ceases to be a voter, is absent for 21 consecutive days, or is certified mentally unfit or “intellectually handicapped”. And then, a resignation letter to the president of the Senate or speaker of parliament is sent by the party he represents. None of that had happened to the affected lawmakers. One more thing struck them as odd: the man claiming to be the main opposition’s interim secretary general was neither a member of CCC nor its secretary-general. The party said it had never heard of him either. Naturally, the CCC disowned Tshabangu but Mudenda the speaker of parliament nevertheless heeded the request to recall the legislators. Following their recall, President Emmerson Mnangagwa proclaimed a by-election on December 8 in line with the country’s laws. ‘A joke’ The drama, which sent the entire opposition into panic mode and ignited debate in Zimbabwe’s political arena, was further complicated by this week’s events. On 7 December, Manduna and his 21 displaced colleagues were barred by the High Court from participating in the elections in their constituencies. The court ruled that the nomination body should not have accepted them as candidates in the by-elections. CCC alleges that Tshabangu is a governing party operative bent on undermining the main opposition, a charge he has denied. Zanu PF secretary-general Obert Mpofu, secretary-general of the governing Zanu PF has also said his party has “nothing to do with what is going on”. “I don’t even know Sengezo myself,” Mpofu said on the campaign trail in November. “I have never seen him … I really take all that allege that we have something to do with CCC as a joke.” Meanwhile, CCC spokesperson Promise Mkwananzi says the recalls are “unacceptable and disturbing” as they run parallel to the wishes of the people of Zimbabwe. “It’s an attempt to subvert and undermine the will of the people, to disrespect the right to vote, to disregard the right of choice of the people of Zimbabwe. It has become meaningless to vote in Zimbabwe because when you vote, your vote is undermined,” Mkwananzi said. Political analysts said the opposition should have boycotted the by-election from the beginning. Harare-based political analyst Rashweat Mukundu told Al Jazeera saying the situation was a continuation of “manipulated electoral processes”, a reference to the disputed presidential election. He said the opposition, must now engage the “broader society, churches, students, labour” to “demand for rule of law, independent state institutions and free and fair elections”. “CCC cannot participate hence legitimise and cry foul at the same time,” he added. A broader plan Others say the recalls are part of a much broader plan by Mnangagwa to consolidate power in his second and final term. The governing party, won a total of 136 seats in the polls while CCC got 73 seats. The recalls are therefore seen as an attempt to tilt the balance of power in Zanu PF’s favour by ensuring it ends up with a two-thirds majority in parliament. With a parliamentary majority, the presidency would have more extensive powers, including the capacity to elongate his tenure, analysts said. Under the southern African country’s constitution, presidential terms are capped at a maximum of two fiveyear terms. A two-thirds majority in parliament would be key in pushing constitutional amendments. CCC youth wing interim spokesperson Stephen Chuma called it a “clear decimation of multiparty democracy” and reversal of the gains of the liberation struggle from British colonial rule. That struggle ended in independence in 1980 and helped foster the dominance of Zanu PF at the national level since then. Its disputed win in August extended that run. Across Zimbabwe, the fear of the erosion of multiparty democracy being installed in the country is on the rise, even as a long list of opposition figures and supporters, journalists, and dissidents are being arrested or detained arbitrarily. One of them, Job Sikhala, has been in prison since June 2022 for allegedly obstructing justice and inciting public violence. It is his 65th arrest since joining partisan politics in 1999. “It is clearer now that Zanu PF seeks to impose [a] one-party state system in the country. Zanu PF knows they are unelectable hence they want to bar CCC from contesting elections,” Chuma told Al Jazeera. “So many people died during the liberation struggle for the right to vote now some greedy individuals violate that right. The situation calls for progressive citizens to unite and fight this dictatorship.” Stanford Nyatsanza, a researcher at the Zimbabwe Democracy Institute concurred, saying the developing situation is an indication that Zanu PF is overseeing a series of “choiceless elections” to gradually make this happen. “Politically, it means the opposition faces an uphill task to dislodge a competitive authoritarian regime from power which effectively captures all institutions of democratic contestation,” he told Al Jazeera. “The absence of opposition CCC candidates from ballot papers in the by-election is a clear testament to holding elections in which opposition supporters cannot freely make their choices,” Nyatsanza added. “Basically, Zanu PF is going to compete against itself on 9 December and that cannot be classified as an election.” — Al Jazeera. ‘Choiceless elections’: Zimbabweans cry foul before bizarre by-elections Opposition figures and analysts say Zimbabwe’s politi- cal arena is being shaped to enforce a one-party state. CCC leader Nelson Chamisa NewsHawks Issue 160, 8 December 2023
Reframing Issues Page 43 BRIGHTON MUTEBUKA VIA his proxy, Sengezo Tshabangu, President Emmerson Mnangagwa (pictured) has brazenly reconfigured Zimbabwe's Parliament pursuant to attaining a two-thirds majority which will, in turn, act as a prelude to removing presidential term limits and open doors to a tilt at life presidency. In the same vein, he has turned elections into a routine sham, thereby totally delegitimising them as a tool to facilitate a democratic & constitutional change of government. It is a watershed moment. There is no sane Zimbabwean who will continue to retain faith in the power of elections to express the democratic and sovereign will of the people to deliver change after this charade. There will be many who will lay the blame squarely on the shoulders of Zimbabwe's beleaguered opposition leader Nelson Chamisa and his party CCC for allowing this to happen but, in essence, the reality is simply that they were literally outgunned and outmanoeuvred by a desperately ruthless, determined & shameless opponent. It is simply the case that Mnangagwa is leaving no stone unturned in his quest for a life presidency, something that eluded his mentor Robert Mugabe and culminated in an ignominious end. Even though this writer and many other commentators have highlighted this for sometime, the opposition appeared to have been caught unawares by the scale of the operation and breathtaking brazenness displayed. They spent an inordinate amount of time exclusively pinning their hopes on a captured judiciary — and that is the sole strategy they deployed — perhaps apart from behind-the-scenes diplomatic manoeuvring which failed to gain traction. It follows that if it is accepted that the judiciary is captured, then it equally follows that it does not have any bandwidth to deliver outcomes contrary to the regime's core interests, such as destruction of the opposition and delivering a two-thirds majority in this instance. Many argue that had the opposition registered independent candidates it would have thwarted the regime's plans, but that is downright naïve and short-sighted. The regime would have simply devised other plans, including using lawfare via the Zimbabwe Electoral Commission to render those independent candidates ineligible, amongst other schemes. Many in Zimbabwe are simply too slow to realise how desperate and determined Mnangagwa is to achieve a life presidency. Assuming the presidency and reaching the pinnacle was the culmination of the pursuit of a life-long dream — something that he is determined to prolong as long as he can — and at all costs. The presidency gives him unfettered power and the capacity to use the trappings of power to deliver patronage, sideline and defenestrate his opponents and achieve complete immunity from his many indiscretions. We are now at a point where he has virtually totally emasculated Chamisa and CCC given that they are at the mercy of his proxy's unrelenting political guillotine with the collusion of Zec, Parliament and the judiciary. As argued in a previous post, the course of events could have perhaps been slightly if not significantly altered had urgent attempts been made to mobilise opposition supporters early on in the crisis, at a time when there was still a lot of attention on the country, including by the Southern African Development Community. It remains unclear why no such attempt has been made at any point, even when taking into account the ruthlessness of the regime and the likely brutality that would have followed such a course of action. This has effectively left the opposition facing a political cul-de-sac; moment of reckoning. It is now either a new political party or a long delayed (or is it avoided) mobilisation and street protests? Inaction clearly won't cut the mustard. Whatever happens, it would appear the opposition faces a long road to redemption and reorganisation. It will have to deal with the aftermath of crises of frustration, expectation and deliverance. All hopes have been dashed in instalments. Supporters have borne the brunt of the regime's persecutory antics, economic incompetence and subversion of democracy — so amply captured by the regime-orchestrated foisting of a desperately tainted and the scandal-ridden Pedzai Sakupwanya into Parliament! They would have been massively disappointed to be deprived of the opportunity to vent their discontent and massive disapproval of the regime's antics — with many of them wailing and wallowing in despair at the thought of being condemned to what now seems like a life of perpetual servitude, suffering and toiling at the hands of Mnangagwa’s exceptionally cruel and deeply selfish regime! How will the Tshabangu saga seal Mnangagwa’s fate? By rendering democratic elections, accountability and independent state institutions obsolete, he will now be at the mercy of other plotters lying in the deep state to pounce at the slightest hint of weakness. As he is now advancing in age, senility, gradual or steep deterioration in reservoirs of virility will arrive at some point as unavoidable detours on the path to mortality. As one's destiny with mortality is unknown, it means that it is one of the few variables that he will be unable to conquer — with the caveat being that he has now entered the "zone of diminishing returns" — where each day brings him closer to it — which in turn threatens to leave his dependants and family members at the mercy of the vagaries of whatever political creature he leaves behind at that precise moment! With the two-thirds parliamentary majority as good as sealed, Mnangagwa will now be forced to lay his political cards on the table as his next step, forcing him to unfurl his political sail and get his hands dirty to achieve amending the constitution. Therein lies his gravest danger! With his unpopularity within his own party laid bare via his previous electoral defeats and his 2018 and 2023 returns — hence his reliance on Forever Associates Zimbabwe (Faz) and parallel structures — he will be forced to directly confront and crush equally dangerous and wellarmed and connected political protagonists from his own party and state institutions and equally determined to wrest away power from him! Just like we saw in 2013 when Mugabe thought totally outmanoeuvring the late founding MDC leader Morgan Tsvangirai meant he had achieved life presidency, in reality it meant that political uncertainty and convulsions shifted to his party as the long delayed succession saga had finally been ushered onshore by a furious political tide. It is an exercise in futility and an illusion for Mnangagwa and those who form the core of his inner circle to believe that those who also have their own political ambitions in Zanu PF and the deep state could ever welcome his tilt at life presidency, the manner in which he is projecting that power via the cabinet he appointed and the monopoly he exercises over arbitrage opportunities! Conclusion What will seal Mnangagwa's fate is a moribund economy, a worthless currency, hyperinflation, over-taxation, formidable deep state opponents who have got time and are equally determined and the sheer scale of the obstacles he faces in trying to remove presidential term limits coupled with his age and the spectre of mortality which looms large means that, as previously concluded, Mnangagwa is politically overreaching and pursuing unrealistic goals which are highly unattainable and likely to end in ignominy! It is one thing to tame an opposition political party which does not enjoy the patronage of state institutions and quite another to overcome a foe feasting on the same advantages you are used to enjoying and determined to defeat life presidency and perhaps nursing a festering wound grounded in sentiments of betrayal and lack of gratitude! *About the writer: Brighton Matebuka is a United Kingdom-based local registered legal practitioner with the Law Society of Zimbabwe and as a solicitor with the Law Society of England and Wales as well as the Solicitors' Regulatory Authority. Why the Tshabangu saga marks death of democracy NewsHawks 1ssue 160, 8 December 2023
Page 44 Reframing Issues AMANUEL ISAK TEWOLDE WHY are members of Operation Dudula and other South Africans blaming African migrants for many of the social problems in the country, such as the high crime rate, prostitution and unemployment? The word “migrant” carries negative connotations in South Africa. Migrants leave their countries of origin for various reasons, among them to improve their economic position, due to political persecution, as well as civil wars and other factors that endanger their lives. Many migrants seek refugee in other countries not because they want to but they are forced to. Migrants are weak, voiceless and powerless social groups in many host countries and yet they are blamed for a myriad of social, economic, political and cultural problems. Even though, in most cases, migrants are victims of societal prejudice, discrimination and state-led structural and institutional marginalisation, they are ironically viewed as powerful social agents who can have negative social, cultural, economic, and even political, influence. What is evident is that most of the many problems associated with the presence and activities of migrants are exaggerated and are caricatured stories unsubstantiated by facts and everyday realities. Across much of the globe, discourses and narratives about migrants are framed in negative terms and usually turn immigration into an undesirable phenomenon that must be stopped. Particularly in this day and age, when anti-refugee and anti-immigration right-wing socio-political movements have appeared in many countries, migrants are seen as harmful, even though they are often the victims of harm, and a threat that must be removed from the host society. Many social ills in host countries are blamed on migrants and, in most cases, politicians and anti-immigration radical activists are the ones who manufacture myths about refugee communities. In South Africa, African refugees have been blamed for many socio-economic problems and, recently, anti-refugee sentiment and violence have increased as myths about them gain momentum. What are some of the common myths and realities associated with refugees in South Africa? African refugees are blamed for unemployment and for taking jobs from South Africans. This discourse has been so widely circulated they are automatically seen as job takers and hence a cause of unemployment. But this is not backed by facts. First, the unemployment problem is a structural one caused by multiple economic factors and has nothing to do with the presence of African refugees in the country. Second, unemployment is also caused by government policy, governance and planning loopholes. Third, non-South Africans, including refugees, are institutionally excluded from the formal labour market and South Africans have full access to it. Many refugees work in the informal sector, such as street vendors, to survive, due to their marginalisation in the formal labour market. Refugees are also blamed for rising the crime rate and illegal activities, such as selling drugs and prostitution. However, the high crime rate is not due to the presence of migrants but due to individual acts by South Africans and non-South Africans alike. Crime also affects both South Africans and non-South Africans alike. Types of crime, such as selling drugs, tend to be, for example, linked to particular groups of migrants coming from a particular country. This association is erroneous and misguided and tends to stereotype all migrants coming from a certain country as drug criminals. Migrants as a social category do not commit crimes but individual migrants do — the same as South Africans as a national group do not commit crimes but individual South Africans do. It is the government’s failure to deal with crime and criminals that is to blame because the state has the mandated responsibility to maintain peace and security for its citizens and non-citizens alike. Irresponsible politicians and public figures also heighten myths and negative stereotypes about migrants to score political points by disseminating exaggerated and unsubstantiated stories about them. Instead of striving to establish intergroup social cohesion and solidarity between South African citizens and non-citizens, some political elites pit communities against each other and create animosity and conflict which disrupt the economic and social life of both South Africans and nonSouth Africans. We all have the responsibility to expose lies and divisive narratives about migrants and instead disseminate stories of tolerance, togetherness, pan-Africanism and intercommunal solidarity which go a long way to create a prosperous and progressive social environment in South Africa and on the continent. — Mail & Guardian. *About the writer: Dr Amanuel Isak Tewolde is a post-doctoral research fellow at the Centre for Social Development in Africa at the University of Johannesburg in South Africa. Myths and realities: Are migrants the real problem in South Africa? Protesters and police clash during a march against illegal immigrants in South Africa. Alet Pretorius/Gallo Images/Getty Images NewsHawks Issue 160, 8 December 2023
Reframing Issues Page 45 EMILY OSBORNE/JONATHAN MOAKES Despite travelling over 9 000km in an attempt to intervene in the war in Ukraine, South African President Cyril Ramaphosa is unwilling to condemn political violence and repression on his own doorstep. IN the months after his “victory” in Zimbabwe’s shamelessly rigged elections in August, President Emmerson Mnangagwa has continued to ride roughshod over the country’s remaining political freedoms. Since election day, opposition MPs and activists have been abducted and murdered, wrongfully imprisoned, and recalled under false pretences. Zimbabweans are living in desperate conditions within a violent and repressive regime. As Zimbabwe’s opposition and civil society are crushed north of the Limpopo River, South Africa’s President Cyril Ramaphosa remains silent. He regards Mnangagwa as an ally and was one of the few African leaders to attend his inauguration. By endorsing Mnangagwa’s brutal regime, Ramaphosa proves to South Africans (and the world at large) just how low he values commitment to democracy, human rights, and basic humanity. A pattern of political repression Zimbabwe’s ruling Zanu PF is determined, by any means necessary, to reclaim the two-thirds majority in the National Assembly it lost in this winter’s elections. How fortuitous, then, that a man calling himself the “Interim Secretary General of the Citizens' Coalition for Change (CCC)” has written to the Speaker of Zimbabwe’s Parliament recalling 28 of the party’s MPs and multiple senators and councillors. It did not seem to matter to the Speaker that CCC officials vehemently refuted this and denied any knowledge of the man and his supposed role in the party; the MPs were stripped of their seats and by-elections are now scheduled for 9 December. Opposition candidates for these seats are campaigning in an increasingly dangerous environment. CCC activist and cleric Tapfumaneyi Masaya was abducted while canvassing for his candidate in a constituency just outside of Harare. His body was later found dumped on the outskirts of the city. Tragically, this was one in a series of increasingly violent crimes carried out against CCC MPs and supporters. Party activist Jeffrey Kalosi was kidnapped with Masaya, although he survived the ordeal. Two opposition MPs, James Chidhakwa and Takudzwa Ngadziore, were also abducted and tortured in recent weeks. These tactics are grotesque, although sadly quite common in the Zanu-PF playbook, particularly around an election period. They have naturally prompted deep condemnation of Mnangagwa’s regime by concerned onlookers including Amnesty International, Human Rights Watch, the Inter-Parliamentary Union, and the US government. History, however, teaches that these complaints will have little bearing on Mnangagwa’s behaviour. Especially when regional partners, like South Africa, continue to look the other way. Ramaphosa’s silent support In the face of these egregious and well-documented human rights violations, Ramaphosa continues to back his ally in Harare, tacitly condoning the attacks against opposition leaders with his silence. At the United Nations General Assembly in September, Ramaphosa called Mnangagwa “my brother” and stood shoulder-to-shoulder with the Zimbabwean president after Sadc and AU election observers had decried his election as deeply flawed. Ramaphosa’s silence on Zimbabwe is also deeply hypocritical, given how vocally he claims to defend civil liberties elsewhere in the world. On Israel, he has referred the country’s government to the International Criminal Court for its military operation in Gaza, backed a motion to sever diplomatic ties with Tel Aviv, and promised unwavering support to the Palestinian people. In Ukraine too, the President has sought to style himself as a statesman: leading a delegation of six African heads of state to Moscow and Kyiv in June in a vainglorious attempt to broker a peace agreement. Yet despite travelling over 9 000km to intervene in a European war, he is unwilling to condemn political violence and repression on his own doorstep. Chickens coming home to roost Ramaphosa’s tacit support for Mnangagwa is fostering an incredibly unstable situation in Zimbabwe. This will only spell bad news for the South African president, whose party is currently polling below 50% in the lead-up to next year’s elections. He would do well to remember that his stance on Zimbabwe may be consequential for many voters. As long as Mnangagwa’s regime is allowed to continue unchecked by South African intervention, Zimbabweans will continue to migrate in large numbers to South Africa. They are fleeing from the political repression and economic turmoil, many crossing the border at Beit Bridge into South Africa in search of a more stable, prosperous, and hopeful future. Figures vary, but there are estimated to be more than one million people in the Zimbabwean diaspora currently residing in South Africa. The issue of migration into the country is a key concern for many voters heading into 2024, many of whom would like to see numbers reduced to free up employment opportunities. As a result, anti-Zimbabwean xenophobia is on the rise, a situation populist opposition politicians are already exploiting. Ramaphosa’s silence is also fundamentally not a good look for him or South Africa, both at home and on the global stage. It completely undermines any effort by South Africa to present itself as an international peacemaker, and Ramaphosa as a crusader for civil liberties. It is not too late, however, for Ramaphosa to change course. Nearly 30 years ago, Nelson Mandela notoriously opted for “quiet diplomacy” in his dealings with Nigeria’s General Sani Abacha, refraining from publicly speaking out against his increasingly brutal regime. However, as the atrocities of Abacha’s military rule mounted — culminating in the execution of Ken Saro-Wiwa, an environmental activist and government critic — Mandela reversed his earlier stance. He called for sanctions on Nigeria and its suspension from the Commonwealth. In 1994, Mandela and the ANC swept to victory with the promise of a better life for all. As we approach the 30th anniversary of democracy in South Africa, and the 10th anniversary of Madiba’s passing, Ramaphosa has the chance to embody the teachings of his former mentor by championing political freedoms and human rights in our region. If he cannot do this for the people of Zimbabwe, perhaps he can do it for his own re-election campaign. Disclosure: SABI Strategy Group (which the authors work for) conducted work for the Citizens' Coalition for Change during Zimbabwe's 2023 elections. — Daily Maverick. *About the writers: Jonathan Moakes and Emily Osborne conduct political research, campaign and communications consultancy as well as political analysis for SABI Strategy Group, a communications and campaigning firm based in London and Johannesburg. Ramaphosa’s Zim blind spot will come back to bite him in devastating fashion South Africa’s President Cyril Ramaphosa NewsHawks 1ssue 160, 8 December 2023
Page 46 NoViolet Bulawayo among authors paying tribute to independent publishing house that shook up the country’s literary scene SAEED KAMALI DEHGHAN WHEN the Zimbabwean editor Irene Staunton and her husband Murray McCartney set up their publishing business in 1998, it seemed natural to call it Weaver Press. Their modest HQ, in the back garden of their home in Emerald Hill, a northern suburb of Harare, looked out on the many intricate nests of the weaver bird that peppered the landscape. This week, the company is celebrating its 25th birthday. The location has not changed and the team has rarely exceeded the staff of two. But in the words of one distinguished Zimbabwean scholar at the University of Oxford, Weaver Press has “quietly shaped post-independence Zimbabwean literature”. Publishing in Zimbabwe has always mainly focused on textbooks, with very few exceptions, McCartney says. “Weaver was one of those exceptions. We focused on literary fiction and academic nonfiction and in doing so, we tried to put Zimbabwe on the map – not because we’ve published hundreds of books, but because we presented a complex picture of Zimbabwe that may otherwise not have existed to the outside world,” he explains. Weaver Press’s early days coincided with the country’s economy going into an accelerated decline just before a series of strikes and a constitutional referendum that dealt a blow to the then-leader, Robert Mugabe. The couple might not have started the company had they known the scale of economic hardship that would ensue – and continues today, says Staunton. “But once we began, we kept going. Publishing has become more and more difficult because of the economy. Photocopying now outnumbers printing and this is driving publishers and printers to the wall.” Despite this, Zimbabwe’s leading independent publisher has weathered all storms and although it has never published more than 10 titles a year, has worked, through various collections and books, with more than 200 fiction and nonfiction writers, a dozen of whom have gained international recognition – a remarkable achievement for any small publisher in southern Africa. Staunton worked with the publisher John Calder in London in the late 1970s. She and McCartney met at the Africa Centre in Covent Garden in 1978 when there was a literary buzz about the place, which was frequented by the likes of the Nigerian-born British poet Ben Okri and the late Zimbabwean novelist Dambudzo Marechera. The couple moved to Zimbabwe in the early 1980s after independence from colonial rule. “In the 90s, people were excited by and about Zimbabwe and came to the [Zimbabwe international] book fair from all over the world,” Staunton says. One of the first books Weaver published was The Stone Virgins, a novel by Yvonne Vera about the horrors of civil war that went on to win the Macmillan prize for African adult fiction in 2002. “Fiction is an important form of truth-telling, because a good writer will look at a situation from many different points of view – you don’t want the social history of a country to come out of a single narrative,” Staunton says. Among the most successful writers Weaver has worked with is NoViolet Bulawayo, author of We Need New Names, shortlisted for the Booker prize in 2013, and Glory, shortlisted for the Booker in 2022. Weaver published two of her short stories before she won the Caine prize for African writing in 2011. Bulawayo told the Guardian that Weaver Press “has always been at the centre of Zimbabwe’s literary scene ever since its inception” and that, “[in] terms of contribution, Weaver is essential, an institution”. The author emphasises Staunton’s editing skill. “Her keen eye, intelligence and honesty helped me define my own ethic around reading and editing mine and the work of others, which I especially needed back when I was a young writer,” she says. “And of course her opinion, as a Zimbabwean editor well positioned to read and understand my work with nuance, is extremely important to me. She is just a gift, not only to me – I am reminded of this whenever I read brilliant works by my favourite Zimbabwean writers like Yvonne Vera, Charles Mungoshi, Shimmer Chinodya … editors work in the background and are not always acknowledged but we know the truth of their worth. That’s Irene.” Oral histories of marginalised women and children have been a focus for Staunton. Her compilation Mothers of the Revolution, originally published in 1990 by Baobab Press, which she co-founded, was reprinted by Weaver in 2000 and features first-hand accounts from rural women who were left behind when their husbands and sons fought in Zimbabwe’s 1960s and 70s war of liberation. A Tragedy of Lives, published in 2020 and co-edited by Staunton and Chiedza Musengezi, is a collection of interviews with female prisoners conducted by the Zimbabwe Women’s Writers collective. Weaver has largely remained immune to state interference or censorship, despite dealing with subjects the government might consider out of bounds. That’s because, McCartney says, the censorship act primarily deals with cinema and theatre, “unless somebody goes to the censorship board about a book and objects to something in it”. The author and gynaecologist Valerie Tagwira’s debut novel, The Uncertainty of Hope, was published by Weaver in 2007. She says she was struck the most by how open Weaver was to working with first-time writers. “Over the years, many of their publications went on to become set books for school literature in English at both ordinary level and advanced level. Others were referenced in theses at local and international universities. They have certainly made an indelible mark on publishing in Zimbabwe,” Tagwira says. Despite the praise, Staunton says she prefers to stay in the background. “The relationship between an editor and an author is completely confidential. And I like it that way,” she says. “I prefer not to be centre stage – editors are backroom people, they’re like stagehands, you work very closely with an author for a very long time but you are a stagehand and you should do everything you can to push the author to front and centre.” Six books from Weaver Press Blind Moon by Chenjerai Hove – a collection of poems by the writer who was one of the founding figures of modern Zimbabwean literature. Running With Mother by Christopher Mlalazi, which deals with the atrocities of the genocidal Gukurahundi killings of the 1980s. Harvest of Thorns by Shimmer Chinodya, about a war veteran coming to terms with life in post-independence Zimbabwe, which won the 1990 Commonwealth Writers regional prize. The Stone Virgins, the last novel by Yvonne Vera, who died from meningitis, aged 40, in 2005, tells the story of two sisters who suffer and survive the Gukurahundi killings. The Hairdresser of Harare by Tendai Huchu, first published in 2010, which tells among other things the story of a gay hairdresser. The Uncertainty of Hope by Valerie Tagwira, the author’s first novel and set in the township of Mbare, south of Harare, develops against the background of Operation Murambatsvina, a government campaign to forcibly clear slums. — The Guardian. *About the writer: Saeed Kamali Dehghan is a Guardian staff journalist, and was previously Iran correspondent for 10 years. McCartney and NoViolet Bulawayo at the launch of her Booker-shortlisted Glory in Harare, 2022. Photograph: David Brazier/Courtesy of Weaver Press Telling tales: Zim’s Weaver Press celebrates 25yrs of championing truth-telling fiction Reframing Issues NewsHawks Issue 160, 8 December 2023
Reframing Issues Page 47 REUBEN LOFFMAN AFRICA'S second-largest country by land mass, the Democratic Republic of Congo (DRC), is scheduled to go to the polls on 20 December 2023. President Felix Tshisekedi will be seeking re-election. However, his first tenure has been decidedly mixed. Tshisekedi’s first term has been defined by three major factors: questions over the legitimacy of his 2019 election victory, violence in eastern DRC and the state of the country’s economy. I have researched extensively and taught on contemporary Congolese politics for 15 years. In my view, while Tshisekedi has had some successes, including the DRC’s joining of the East African Community and a modest upturn in economic growth since the pandemic, much work remains to improve the lives of Congolese citizens. Legitimacy questions Tshisekedi has been president since January 2019 after an election that one of his then opponents, Martin Fayulu, claimed was stolen. These claims were supported by a Congo Research Group and Financial Times analysis of voting data that found Fayulu had won the election. The courts, however, upheld Tshisekedi’s win. The upcoming election is also mired in controversy. DRC’s electoral commission has promised a rebrand in an effort to shake off the irregularities of the 2018 poll. It has registered nearly 44 million voters in the country of 102 million people. However, Fayulu, as well as the United States, the European Union and other international election observers have raised doubts about the accuracy of voter records. Fayulu has threatened to boycott the 2023 elections if the voter lists are not redone and audited. The electoral commission cleared 24 candidates to run for president. They include 2018 presidential contender Moïse Katumbi, Nobel Peace Prize winner Denis Mukwege and Augustin Ponyo, a former prime minister. The campaign period has officially began and already there are plans to rally opposition support behind Katumbi. Given the controversies involved in this election, as well as in his assumption of office in 2019, Tshisekedi will need to work hard both to win the upcoming poll and do so in a way that citizens believe to be credible. Violence in eastern DRC While eastern DRC was unstable before Tshisekedi came into power, the escalation of violence since 2022 has made it a defining feature of his presidency. At least 120 armed groups are active in the region. One of the most significant of these armed groups is the M23. In March 2023, M23 violence led to the displacement of about 500,000 people. In recent weeks, it has broken a months-long truce and resumed attacks in eastern DRC. International and regional peacekeepers have been trying to address the conflict in eastern DRC. Yet, their presence points to the failure of the Congolese government to deal with the violence on its own. A state of siege announced by Tshisekedi in the eastern region’s provinces of North Kivu and Ituri in 2021 worsened the human rights situation there. The military took over key state posts from civilian leaders. This despite the Congolese army being linked to violence in the region. It was meant to last one month, butt the siege was extended many times by Tshisekedi’s government. Two years on, there has been no “meaningful public debate” about it. In the run-up to the December elections, Tshisekedi announced he would “gradually ease” the siege. Such interventions have made it difficult for Congolese people to believe that Tshisekedi’s policies have resulted in a more peaceful Congo. Economic growth and prospects Tshisekedi has registered some success in managing the Congolese economy. The country’s GDP growth rate went down during the pandemic but has made a modest recovery. It increased to 8.92% in 2022 from 6.20% in 2021, with the mining industry being a major driver. In 2022, the DRC joined the East African Community as its seventh member. Tshisekedi’s hope was that this move would promote trading relationships and reduce tensions with the DRC’s neighbours. Entry gives the DRC access to a market of 146 million consumers and means it can start importing more goods from its east African neighbours. The DRC also signed a mining deal with the United Arab Emirates in July 2023. The deal is worth US$1.9 billion and involves developing at least four mines in Congo’s northeast region. Such deals are important because mining is the main driver of economic growth in the DRC. Tshisekedi also broke ground on a new road cutting through Zambia to Tanzania to speed up the movement of Congolese exports. The DRC is landlocked – the new road will cut about 240km from the journey between some of the country’s copper and cobalt mines, and a port in Tanzania. But Tshisekedi’s economic record is not all positive. The upcoming election is causing financial problems for the state. It is expected to cost about US$1.1 billion. The World Bank predicts that the election will widen the country’s fiscal deficit in 2023 to -1.3% of gross domestic product. Further, foreign exchange pressures caused by spending on security and pre-election processes have seen the Congolese franc slide 20% against the dollar. Tshisekedi’s government is looking to increase revenues from a much anticipated re-negotiation of a China-DRC mining deal. The president is under pressure to get more from the deal, which is worth US$6.2 billion. Tshisekedi wants a 70% stake in the Chinese-Congolese firm Sicomines, up from the original 32%. The Chinese deal is one way in which Tshisekedi’s economic achievements could have impacted the lives of Congolese people given the hopedfor investment in schools, roads and hospitals. However, its unclear how many of these infrastructure projects have been implemented. At the same time, the country’s mining industry has been plagued by allegations of human rights abuses. What next? In his presidential campaign, Tshisekedi has emphasised his administration’s economic and diplomatic achievements rather than the situation in eastern DRC. However, the pushback from opposition candidates on these achievements means Tshisekedi will need to campaign hard to win. An election that is seen as illegitimate will only further damage Tshisekedi’s credibility, especially given the amount of money the Congolese government is spending on it. One of the best things Tshisekedi could do for his country now would be to run a free and fair election. This would go a long way towards rescuing his troubled term in office so far. — The Conversation. *About the writer: Reuben Loffman is a lecturer in African history at Queen Mary University of London. DRC elections: three factors that have shaped Tshisekedi’s bumpy presidency Democratic Republic of Congo President Felix Tshisekedi NewsHawks 1ssue 160, 8 December 2023
Page 44 Page 48 How African countries lost control to foreign mining companies BEN RADLEY Within a few years of independence, African governments asserted sovereignty over their metal and mineral resources. Prior to this, the resources were exploited by European mining corporations. Since the 1990s, transnational corporations have once again become the dominant force as owners and managers of major mining projects. Ben Radley has researched economic transformation in central Africa, with a particular focus on resource-based industrialisation. He argues in this excerpt of his new book, Disrupted Development in the Congo: The Fragile Foundations of the African Mining Consensus, that the return of transnationals was carried out through a three-stage process beginning with a misguided reading of African economic stagnation from the mid-1970s onwards. The ceding of resource sovereignty was enabled by pathologising the African state and demonising African miners. Stage one: Blame the African state In the Democratic Republic of the Congo (DRC), president Joseph-Désiré Mobutu took steps early to place resources under state control. The Bakajika Law of June 1966 required all foreign-based companies to establish their headquarters in the DRC, then known as Zaire, by the end of the year. In addition, the largest Belgian-owned colonial mining subsidiary, Union minière de Haut Katanga, was nationalised the same year. It became Société générale Congolaise des minerais (Gécamines). By 1970, the Congolese public sector controlled 40% of national value added. Nationalisation had no immediate adverse effect. In the DRC copper production increased steadily between 1960 and 1974 from around 300,000 tonnes to 500,000 tonnes. It grew over the same period from 500,000 tonnes to 700,000 tonnes in Zambia. In the DRC, state revenue tripled from US$190 million in 1967 to US$630 million in 1970. A national health system numbering 500 000 employees was established. It was seen as a model for primary healthcare in the global south. The country also achieved 92% primary school enrolment and increased access to the secondary and tertiary sectors. But soon after, the oil price began to rise. Commodity prices fell due to recession in the global north. In the DRC and Zambia, the copper price crashed from US$1.40 per pound in April 1974 to US$0.53 per pound in early 1975 and stagnated thereafter. Around the same time, from 1973 to 1977, the cost of oil imports quadrupled. In addition, as African government loan repayments became due, interest rates on the loans began to rise as the United States sought to control inflation through monetary policy. Mining production levels stagnated or dropped. Growth slowed, and debt grew across the continent. Between 1980 and 1988, 25 African countries rescheduled their debts 105 times. In the DRC, copper and cobalt exports decreased sharply, eventually collapsing by the early 1990s. Of course, external shocks were not the sole cause of the reversal. Nationalisation measures undertaken in 1973 and 1974 were poorly planned and implemented and went badly awry. Agriculture had been neglected, receiving less than 1% of state expenditure from 1968 to 1972, and the Congolese manufacturing sector was in decline. Yet, a consideration of the impact of external shocks, alongside recognition of the progress made by newly independent African governments in the short time frame up until this juncture, was largely missing from influential analyses of the 1980s seeking to understand the causes of African economic stagnation from the mid-1970s onwards. Instead, misguided African state intervention and government corruption were put forward as primary causal explanations, to the exclusion of other factors. Stage two: Liberalise and privatise Between 1980 and 2021, the World Bank provided US$1.1 billion in mining sector grants and loans to 15 of the continent’s 17 mineral-rich and also low-income countries. This gave the bank significant leeway to implement its strategic vision for how mining should be organised and managed: The private sector should take the lead. Private investors should own and operate mines. Existing state mining companies should be privatised at the earliest opportunity. With the regulatory framework overhauled, foreign investment was unleashed to seek out fresh opportunities. Mining exploration in Africa increased from 4% of total mineral exploration expenditure worldwide in 1991 to 17.5% in 1998. Overall mining investment in Africa doubled between 1990 and 1997. The start of a commodity price surge in 1999 gave fresh impetus. In 2004, the US$15 billion invested in mining in Africa represented 15% of the total of mining investment worldwide, up from 5% in the mid-1980s. From 2002 to 2012, a period spanning most of the supercycle, mineral exploration spending in Africa rose by more than 700%, reaching US$3.1 billion in 2012. The dramatic increase in foreign direct investment growth since the 1990s has altered the composition of these economies, which have become increasingly dependent upon foreign direct investment as a source of development financing. This level of dependence is greater today relative to other country groups and regions. The underlying logic of the World Bank’s African mining strategy continues to hold. In 2021, the lender had ongoing mining reform programmes in seven African countries ranging from Niger (US$100 million) to the Central African Republic (US$10 million). Each programme was geared towards institutional and regulatory change within a general framework giving overall priority to capital-intensive, foreign-owned mining. Stage three: Criminalise African miners There was one last hurdle for transnational mining corporations. Some prized deposits were already occupied by labour-intensive miners. They mined gold and diamonds mainly. But they were also involved in the production of silver, copper, cobalt, tin, tantalum, iron ore, aluminium, tungsten, wolframite, phosphates, precious and semi-precious stones, and rare earth minerals. Globally, labour-intensive mining contributes up to 30% of total cobalt production, 25% for tin, tantalum, and diamonds, 20% for gold, and 80% for sapphires. Labour-intensive African mining directly employs millions of workers across the continent. It has grown significantly since the 1980s, driven by a number of factors. These include rising commodity prices, especially during the supercycle of 1999–2012, which pushed up mining wages and profits. Despite the sector’s importance to rural employment, African miners have typically been cast by the World Bank, African governments, and parts of the scholarly literature as “primitive”, “basic”, “inefficient”, “rudimentary” and “unproductive”. In 2017, 70 000 miners were displaced by Ugandan military and police to make way for a Canadian-listed mining corporation. Speaking of the displacement, a Ugandan government official said: Those people (Ugandan miners) still joking should style up. Now, I’m not only a director (in the ministry) but also a commander of the Minerals Protection Unit of the Uganda Police Force. So, those illegal miners still behaving like those in Mubende (who were evicted), they should pack and vacate the mines, otherwise, my police force will them help to pack. This statement speaks well to the general regard held for African miners within the process of capital-intensive, foreign-owned mining (re)industrialisation. Forcibly displaced and removed from the best deposits, African miners are restricted to working in less productive areas. The final act? Recent mining code and policy revisions led by African governments such as Tanzania, the DRC, Sierra Leone and Malawi have begun to push back against this dominance. They draw inspiration from the Africa Mining Vision, a framework developed by the African Union in 2009 to deepen the linkages between foreign-owned mining and national economies. The vision also seeks to strengthen government capacity to negotiate with and secure developmental benefits from foreign mining corporations. But these are short of a fundamental challenge to the dominant model of capital-intensive, foreign-owned mining industrialisation on the continent. They remain a far cry from the earlier period of 1960s and 1970s African resource sovereignty. —The Conversation. *About the writer: Ben Radley is a lecturer in international development at the University of Bath in Britain. African countries lost control to foreign mining companies. Reframing Issues NewsHawks Issue 160, 8 December 2023
JONATHAN MBIRIYAMVEKA WHICHEVER way you look at it, no other artiste has dominated 2023 as much as Silent Killer did. This is hardly disputable. Musically, he has been dominating the airwaves and social media, churning out hit after hit. Silent Killer has also courted controversy for his lewd lyrics which hit the headlines, for good or bad. And he is trending big time on social media. Added to this, there has been no end in shows coming his way, including a few endorsements from clothing retailers, something which was never the case in the past. He has been to the United Kingdom, South Africa and more recently Botswana where he got an escort. To cap it all, he has done a collaboration with Fungisai Zvakapano-Mashavave. Born Jimmy Mudereri, Ngwere is enjoying a new wave of popularity, thanks to his 41-track album, Hurungwere. And without doubt Silent Killer has had a good run in 2023 and what a way to cap the year it has been for him. Back then, Silent Killer had almost been forgotten, even though his previous track, Locker MaStreets, became a club anthem a few years back. Showing determiniation and resilience, Silent Killer bounced back as one of the most-sought-after acts. He has been touring abroad and locally, taking his new music to the people. Ngwere, whose style is different from that of any local Zimdancehall musician, thrives on controversy, lyrical venom and of course wordplay. Some critics have likened his style to that of Jamaica’s Gully Bop who rarely sings but talks over the beats. And the streets are warming up to his vocabulary which he delivers with reckless abandon to an extent some people do not take him seriously. However, believers and non-believers have agreed on one thing, that he is a rare talent who knows how to gravitate fans towards his sound. There have been new albums by several artistes, but Silent Killer’s album stands out from the rest and he is not making it a secret. He has performed before sellout crowds in the United Kingdom, South Africa and in Zimbabwe. Like he mentions in the song Locker maStreets, Silent Killer is now holding his own and he does not need much introduction or supporting acts. He has been featured on DJ Ollah 7's show twice this year and the interview has spawned several video clips trending on TikTok. His other song making a wave is Kufa Kana Kufenda, a favourite of many especially at live performances. DJs Fantan, Levels and Rhibhe hardly skip the track either at Mashwede or Club Zeus where they are regulars. And each time the song is played, DJs fade the lyrics and let the crowds sing for themselves. While most of Silent Killer's songs border on lewdness and explicit content, his defence is that sex sells and it is what fans love to hear. And with social media playing a role in promoting his music, Silent Killer does not need self-censorship because his target is not radio but social media and perhaps commuter omnibuses. And it is easy to see why such songs as Ngwere Inyerere, Nguva Yangu, Hatikeche Meche and Kufa Kana Kufenda are big on the club circuit. If you have a party and there is no one who can help, maybe you can call on Silent Killer! STYLE TRAVEL BOOKS ARTS MOTORING Porsche just got angrier Being a Fashion Model Life&Style Page 49 Issue 160, 8 December 2023 Rise and rise of Ngwere: Silent Killer’s newfound fame in 2023
Page 50 People & Places President Emmerson Mnangagwa officially opens 5,000-seater The Heart Stadium which was constructed by Prophetic Healing and Deliverance (PHD) Ministries leader Walter Magaya, in Waterfalls, Harare, on Sunday. — Pictures: Aaron Ufumeli The Heart Stadium opening in pictures NewsHawks Issue 160, 8 December 2023