Price US$1 Friday 20 January 2023 NEWS Are they fit to run upcoming elections? Story on Page 3 NEWS CIO spooks on the prowl at AMH as editor-in-chief quits WHAT’S Story on Page 5 INSIDE SPORT Mandela’s grandson in African football political row Story on Page 50 ALSO INSIDE Court clips Minister July Moyo’s imperial powers Top CIO directors get US$350 000 financial windfall ahead of elections
Page 2 News NewsHawks Issue 115, 20 January 2023 OWEN GAGARE PRESIDENT Emmerson Mnangagwa’s financially struggling administration has given senior Central Intelligence Organisation (CIO) directors US$350 000 housing loans each in a desperate bid to appease critical players in the electoral matrix ahead of the crucial general elections later this year. General elections in Zimbabwe are usually run by security agencies in violation of the constitution and the law to protect the incumbent and status quo. For decades now, given the conflation between the ruling party and government, Zanu PF has collapsed into state institutions and structures which continue to prop it up in elections, especially at the presidential election level. The CIO plays a critical role in key elections which includes voter registration, voters' roll preparation, doing pre-polling surveys, being embedded in electoral bodies to monitor and influence processes, accreditation and getting the results well ahead of everyone else for security reasons and ensuring they decide on time how to handle situations, especially if there is an unwanted outcome. In 2008, a local journalist exposed a major electoral scandal in which the CIO worked with a top University of Zimbabwe academic to produce election surveys which were then falsely announced as a product of scientific scholarly research to manipulate elections. In that case, the CIO had produced the report and given to the academic to announce as his own, predicting a victory for the late president Robert Mugabe. The first CIO draft report had actually shown Mugabe losing, but it was considered politically unacceptable and a new one was done giving him marginal victory over the late main opposition MDC candidate Morgan Tsvangirai. As things turned out, Tsvangirai actually defeated Mugabe in the first round of polling with 47.87% (which many believed was suppressed to ensure a run-off) to 43.24%. The CIO and other security forces have agents embedded in the whole electoral process, including at the Zimbabwe Electoral Commission (Zec), particularly at secretariat level. The Zec secretariat is headed by Utloile Silaigwana, who was in the army. He took over as chief elections officer from the late Lovemore Sekeramayi, a former top CIO officer. "There is a windfall for CIO. Senior directors who are regarded as deputy ministerial level are getting US$350 000 as housing allowances. District Intelligence Officers and above will get ZW$3 000 000, while those below have been given ZW$1 000 000 backdated allowances," a source said. "Besides that, an internal confidential circular has been written, saying no one is resigning. The memo basically says even those who have reached retirement can stay on until further notice. This is a desperate bid to stop officers from quitting as they have been doing due to poor conditions of service. It's also about elections." The cash-strapped government has continued splurging cash despite an outcry from a large section of impoverished citizens after authorities lavished each minister with US$500 000 and deputy ministers US$350 000 in housing allowances. The funds were unbudgeted for. Legislators were also allocated US$40 000 each in November last year, sparking a major outcry, especially against opposition MPs who were accused of joining the gravy train. The loans totalled US$14 million for all the 350 legislators. Also late last year, the government began installing solar panels at homes of more than 100 government officials, commissioners and service chiefs at the cost of US$14 000 per unit to cushion them from rolling nationwide power cuts lasting up to 18 hours. This came after the Zambezi River Authority ordered the Zimbabwe Power Company (ZPC), a Zimbabwe Electricity Supply Authority subsidiary to stop generating electricity at Lake Kariba. ZPC exhausted its yearly water allocation. The installations were done at taxpayers’ expense. Justifying the legislators' allowances to The NewsHawks in December last year, the chairperson of the parliamentary welfare committee, Temba Mliswa, who is also Norton independent MP, said the allowances for ministers in particular were not budgeted for. “Ministers got US$500 000 and deputy ministers US$350 000, but that was not budgeted for. MPs’ allowances were budgeted for. Besides the US$40 000, MPs also got US$50 000 for cars," he said. “We were supposed to get US$80 000, but we were given US$50 000. That means there is a balance of US$30 000. The accommodation issue for MPs is a serious matter that needs to be addressed. “People must remember that for MPs this is not free money. These are loans guaranteed by our pensions. If you don’t pay back, you lose your pension. But for ministers, it’s a different story; that was not budgeted for.” Opposition CCC president Nelson Chamisa however described the loans to legislators as a bribe, after which he slammed the government’s looting culture. “Normally when they smear porridge around your mouth you will not have eaten and that is what has happened. Zanu PF people have been giving themselves a lot of money; ministers, deputy ministers. You go to the judiciary; you go to the other organs of the state; I will not mention, but, I have got all the details. You will be shocked to look at the money that they have been doling out and the trinkets that they have been giving,” Chamisa said. “. . . but CCC were not supposed to drink from this poisoned chalice. They have joined the pioneer column, they have joined the gravy train and they have crossed the line. I told them that if you don’t act accordingly, you know what it means. The citizens are waiting for you and they are going to punish you and punish you heavily so that one is already catered for, I do not agree with it, I do not encourage it, I do not support it. I do not believe that people must be talking about their welfare when the nation is struggling, the way we are struggling.” Chamisa added the funds could be diverted to the health sector, which is in dire straits. “If you take US$40 000, I went to a hospital just this week, US$40 000 will do so much just to transform the outlook of our hospitals, in terms of linen, in terms of the beds that are broken. It’s a pathetic situation. The toilets are not functioning, there is nothing, not even boreholes, there is no water, but if you take US$40 000 it will do wonders just for a member of Parliament and for Parliament to then behave like it’s a bank or government has turned itself into a bank that is giving loans for me (it) defeats logic." President Emmerson Mnangagwa Senior CIO directors given US$350 000 cash windfall
NewsHawks News Page 3 Issue 115, 20 January 2023 OWEN GAGARE SERIOUS questions are being raised about the fitness of seven Zimbabwe Electoral Commission (Zec) commissioners to run the forthcoming general elections after they rejected a controversial delimitation report done by the body which they work for, rendering themselves redundant in the process. This comes as it emerged the seven Zec commissioners who have revolted against their chairperson Priscilla Chigumba are at loggerheads with her over their employment contracts and conditions of service, including cars, The NewsHawks has established. The commissioners concerned include Rosewita Murutare, Kudzai Shava, Jane Mbetu-Nzvenga, Shepherd Manhivi, Abigail Mohadi, Jasper Mangwana and Catherine Mpofu. Only Rodney Simukai Kiwa, deputy chair, is supporting chairperson Chigumba. The other commissioners wrote a letter to President Emmerson Mnangagwa rejecting the draft delimitation report for reasons which have not yet been clearly established, but their move has triggered queries about their motives and suitability to manage elections. Questions are being asked how they are going to run elections on the basis of a delimitation report which they have already rejected. “Recognising the need to guarantee the integrity of the delimitation process through non-deviation from considerations that are laid out under section 161 (6) of the Constitution,” reads the letter in part. “Further recognising that the 2023 harmonised elections should be conducted in the next few months, and the need for the constitution to create a voters' roll that resonates with the new boundaries. This is impossible with the remaining time. “Concerned that the current draft delimitation proposal does not meet the minimum standards expected regarding transparent procedures that strengthen stakeholders’ confidence and dispel potential gerrymandering allegations; and further concerned that the current delimitation proposal is not people centred and not in an understandable format; we hereby resolve to put aside the current draft delimitation proposal except as a reference point for a proper delimitation process to be conducted and wholly guided by commissioners after the 2023 harmonised elections.” While the delimitation report has since passed through Parliament, Zec commissioners remain a source of concern to stakeholders who now ask how they run elections if they do not believe in the delimitation process. Top of the commissioners’ grievances is the non-issuance of service vehicles and contracts. Zec commissioners want to be full-time like other constitutional commissioners. Only Chigumba and Kiwa are full-time. Zec is an independent Chapter 12 institution established in terms of section 238 of the constitution of Zimbabwe. It is responsible for the management and administration of the country’s electoral processes. The body has nine commissioners Officials at Zec told The NewsHawks that there were divisions in the commission, with some members saying Chigumba is not pushing hard enough for their grievances to be addressed. “The divisions contributed to the seven commissioners disowning the delimitation report which was handed over to President Mnangagwa on 26 December,” said a Zec official. The report however generated an outcry from stakeholders amid concerns it had grave errors, including Zec’s failure to stick to the 20% variance threshold in populations of respective constituencies. Many stakeholders say the delimitation process was heavily skewed in favour of Zanu PF, while some ruling party legislators were unhappy after losing their constituencies. Following the uproar, the commissioners wrote a letter to Mnangagwa recommending Zimbabwe go to the polls using the 2008 electoral boundaries, given the limited timeframe to correct anomalies. In conclusion, the commissioners resolved to “put aside the current draft delimitation report except as a reference point for a proper delimitation process to be conducted and wholly guided by commissioner after the 2023 harmonised elections”. Chigumba refused to comment on the commissioners’ demand for cars and employment on a fulltime basis, saying the matter was best answered by their employer — the Office of President and Cabinet. Zec chief executive officer Utloile Silaigwana referred questions on contracts to the employer. He said the spokesperson of the commission, Mangwana, was best placed to comment on vehicles. Mangwana denied that commissioners were sulking over cars. “That’s incorrect information. Zec commissioners are happy with the conditions of service given to them by the appointing authority,” he said. Asked specifically if the commissioners had raised concern over vehicles, Mangwana said: “There is no issue of conditions of service raised by the commissioners that I am aware of. Commissioners already have vehicles issued to them for use.” Are they fit to run upcoming elections? Zec chairperson Priscilla Chigumba Zec chair Chigumba battles revolt by commissioners over cars and contracts Abigail Mohadi is among Zec commissioners concerned.
Page 4 News BRENNA MATENFDERE THE Zimbabwe Electoral Commission’s botched delimination has robbed opposition stronghold Harare metropolitan province by denying it at least six additional constituencies — even going by Zec's own flawed methodology. Although stakeholders, including Parliament, believe Zec misinterpreted constitutional provisions resulting in some constituencies, especially in Harare, having a variance of more than 40% compared to some constituencies instead of the lawful 20%, even by the embattled commission's own interpretation Harare was still hard done. Section 161 (6) of the constitution stipulates that "no constituency or ward of the local authority concerned may have more than twenty percent more or fewer registered voters than the other such constituencies or wards". In line with Zec's interpretation of section 161 (6) of the constitution, the commission set the maximum registered voter threshold of 33 169 and a minimum threshold of 22 112 voters for each constituency. This was after dividing the total number of registered voters at the national level by 210 constituencies, resulting in a national average of 27 640 voters per constituency. A variance from the national average was then calculated as average plus/minus 20%. Harare had 952 520 registered voters when the delimitation exercise was carried out. There were therefore expectations that the Zec delimitation exercise would result in an increase of Harare constituencies from 29 to 36 using the average voter matrix, but the electoral body added only one, making them 30. At close to one million voters, Harare had 189 492 more registered voters than the Midlands, but the two provinces are separated by only two constituencies. The Midlands is President Emmerson Mnangagwa's citadel, where he was once MP for Chirumanzu-Zibagwe before passing the seat to his wife Auxilia after he was appointed vice-president to the late president Robert Mugabe. The Midlands province has 28 constituencies and Zanu PF controls 22 of them in Parliament. The opposition CCC controls a minority six, mostly in urban areas Mkoba, Chiundura, Kwekwe Central, Gweru Urban, Mbizo and Redcliff. The parliamentary ad hoc committee which analysed Zec’s draft delimitation report has once again failed to emphasise the need for additional constituencies in Harare. The development is therefore likely to result in Zec ignoring calls by some stakeholders for an increase of constituencies in Harare from the allocated 30 to 36 on the basis of the growth in population in the metropolitan province since 2008 when the last delimitation exercise was conducted. However, the 13-member parliamentary ad hoc committee led by Zanu PF’s Gutu South MP Pupurai Togarepi did not raise any concerns on Harare. Asked to respond on the issue, Togarepi said: “The ad hoc committee looked at every province and we gave our views to constitutional issues. We had opposition members in the ad hoc committee whom you can check with as well.” Ellen Shiriyedenga, the CCC deputy secretary for elections, said there was every reason for Harare to have more local government wards and constituencies. She added that the party had put forward such submissions to Zec during consultations, but the requests were turned down. “Currently, Harare has 46 wards and the local authority had requested to extend them to 55 because of the city’s population growth, but Zec turned down the request. Constituencies were supposed to be increased from 30 to 36, according to numbers of voters released by Zec,” she said. Shiriyedenga singled out Harare South as a constituency with a very high number of voters and added that it was unfair for it to be regarded as a single municipal ward at Harare City Council, although it was split into three constituencies. “Harare South is both a constituency and a ward with over 84 000 people. It’s being serviced by one councillor,” she said. Harare South was divided into three parliamentary constituencies, namely Harare South, Churu and Hunyani. Harare South is represented in Parliament by President Emmerson Mnangagwa’s close relative Tongai Mnangagwa. There are many informal settlements in the constituency, most of which are controlled by Zanu PF-linked land barons. Zanu PF will be hoping to regain the three constituencies. Zec also split Epworth constituency won by Zanu PF’s Zalerah Makari in the 26 March by-election into Epworth North and Epworth South constituencies. Zanu PF will also be fancying its chances in Epworth, which also has informal settlements controlled by Zanu PF-linked land barons. Delimitation robs opposition CCC deputy secretary for elections Ellen Shiriyedenga NewsHawks Issue 115, 20 January 2023
News Page 5 JONATHAN MBIRIYAMVEKA A LEAKED Central Intelligence Organisation (CIO) report on the dire situation at privately-owned publishing house Alpha Media Holdings (AMH) exposes the rot at the company, accentuated by spooky manoeuvres of former editor-in-chief Wisdom Mdzungairi who quit in a huff after a scandal exploded in his face amid stunning revelations that he is secretly on the government payroll. AMH is owned by local publisher Trevor Ncube and President Emmerson Mnangagwa’s son-in-law Gerald Mlotshwa. It is run by chief executive Kenias Mafukidze, who is also a board member of the state-owned National Railways of Zimbabwe. The dramatic events at AMH have laid bare the decay at the company due to extended periods of mismanagement at what used to be an authoritative publishing group, now reduced to a playground for agents of media capture. Mdzungairi resigned from the NewsDay under a cloud of controversy as he did at the state-controlled Herald over a decade ago where he left as deputy news editor amid tensions after he had hijacked a reporter’s trip to Zambia and kept a company pool car at home while it was urgently needed at work. As a result, he clashed with top management and was forced to leave, later joining the NewsDay in 2010. The CIO report, done in October last year, said there are serious internal problems at AMH, one of the biggest media groups in the country, particularly a chronic financial crisis which has disrupted critical operations, affecting staff morale and work ethic in the process. Only last week, workers were refusing to knuckle down without pay. Paying workers peanuts, and almost always late at that, is a perennial problem at the AMH. Insiders describe it as a cancer. Mdzungairi reportedly told one of his close friends it was one of the issues which drove him to seek secret jobs and engage in astonishing double-dipping. However, there is more to this than meets the eye. The CIO report said Mdzungairi’s situation at the AMH had become untenable at the end of last year; so he was living on borrowed time. It said it was only a matter of time before he was booted out of the media house where he had been working for 12 years, while doing some other secret things for personal financial benefit. Given the size and influence of the AMH on the Zimbabwean media landscape and Mdzungairi’s position, as well as the role of the CIO and Mnangagwa’s spokesman George Charamba’s catalyst trigger, the issue inevitably snowballed into a massive scandal. In other countries where media is central to public life and debate in society, it would have raised a storm. AMH publishes some of the country’s key newspaper titles, NewsDay, Zimbabwe Independent, The Standard and online radio and television platform, Heart & Soul. So public interest in the story is indisputable. Mdzungairi’s imminent departure from NewsDay came to light after a local prominent publisher, who ran a media group that was secretly seized by the local intelligence agency before its collapse upon exposure of the capture scandal in 2005, got sight of the report, which piqued his interest. In 2005, the CIO was exposed by a local journalist for clandestinely taking over the Daily Mirror and Sunday Mirror when the publisher in question was at the helm of the group. After the CIO report — written with the wilful help of a senior AMH journalist — came to light, the publisher called Mdzungairi over for a meeting at his Belgravia offices in November last year to find out if he was fine and what the issue was. During the meeting, Mdzungairi told the publisher that he was aware of efforts by his AMH rivals to remove him and who was actually behind the move. At that point, the former editor sounded resigned to his fate and was merely awaiting D-Day, sources said. On Monday, Mdzungairi finally threw in the towel after his cover was blown as it was revealed he is covertly on the government payroll and for his attendant dodgy clandestine activities, including holding two full-time jobs simultaneously in gross violation of his employment contract and media ethics. The situation was worsened by his endless fights with senior colleagues and reporters at work – his trademark during his divisive, undecorated and eminently forgettable editorial reign at AMH. His colleagues, especially AMH editors and reporters, celebrated his departure. The most scathing comment about his downfall came from his former deputy at NewsDay Nqaba Matshazi who tweeted: “It seems Zerubabel Mudzingwa is the new editor of NewsDay after the inglorious exit of Wisdom Mdzungairi. This ends the tenure of probably the worst editor under the sun. How Trevor (Ncube) stuck to that guy for so long beggars belief.” Mudzingwa is actually now acting editor. The Standard editor, Kholwani Nyathi, was appointed in an acting capacity to replace Mdzungairi as AMH editor-in-chief. Charamba blew his cover From nowhere, Charamba catalysed the process of blowing Mdzungairi’s cover and subsequent removal on Twitter on 15 January without naming him. Curious journalists took the lead and investigated. In a matter of 24 hours, his cover was blown to smithereens. Under pressure, he resigned in ignominy on Monday. Charamba’s motive has raised eyebrows in the corridors of power, given that Mdzungairi and the NewsDay — supported by Ncube in their ill-fated political agenda — doggedly backed Mnangagwa to come to power through a coup in 2017. After the coup, Ncube was rewarded with an appointment to the Presidential Advisory Council (PAC), which he thought was a big break, where he acted as Mnangagwa’s publicist in charge of media and communication. He had also joined Mnangagwa’s government looking for radio and television licences, as well as an opportunity to revive his faltering financial fortunes after he was forced out of the Mail & Guardian newspaper in South Africa in 2017 due to his failed publishing adventure there. After the media picked Charamba’s lead and curiously probed, Mdzungairi’s fate was sealed — in just a few hours. While he was still AMH editor-in-chief and NewsDay editor, Mdzungairi secretly got on the government payroll after securing another job as deputy communication director at the ministry of Local Government, sources said. The disclosure of the scandal precipitated his resignation and unceremonious departure. A source said: “His double-dipping was grossly unethical, unprofessional and breached the terms and conditions of his employment contract. “Besides, it also violated media ethics and core principles of journalism. You cannot be a government public relations officer in the morning and editor of a private newspaper in the afternoon at the same time. The conflict of interest is scandalous. It’s unheard of. Even in Banana Republics they don’t do such things.” Among many other journalism ethics such as accuracy, factuality, impartiality, truthfulness, and responsibility, editorial independence — which Mdzungairi brazenly sabotaged — is critical. It is the lifeblood of journalism integrity and credibility — the currency of any media organisation. By working for the Zanu PF government while he was editor of a supposedly private media organisation, Mdzungairi had crossed the red line in terms of conflict of interest and compromising editorial independence. By being on a government payroll, that also put his colleagues at risk as their vulnerabilities were magnified by his dishonesty. “That behaviour is a scandal of gargantuan CIO spooks on the prowl at AMH as editor-in-chief quits AMH co-owner Trevor Ncube NewsHawks Issue 115, 20 January 2023
Page 6 News proportions,” another source continued. “Journalists must be independent voices; we should not act, formally or informally, on behalf of special interests whether political, corporate or government. We should declare to our employers, editors — or audiences — any of our political affiliations, employment/financial arrangements or other personal information that might constitute a conflict of interest, but he didn’t do that.” Sources say Mdzungairi had always been on the edge, hunting for secret side hustles. “He had previously done side hustles in addi - tion to his full-time job, but this time — which was similar to what he did in 2019 — he crossed the line,” the source added. “But that is not the only problem. The question is why was he doing such things? Was it for money or other motives? What impact did such activities have on AMH, reporters and its journalism?” A Local Government ministry source said Md - zungairi started the process of surreptitiously seeking a job there in September last year. After interviews, he was hired to start working on probation from 1 November 2022 as deputy communication director. “His hunt for this particular job started way back in August-September. He was given the job to start at the beginning of November last year; 7 November to be specific. As a result, he took leave for the whole of November to secretly work at the ministry. When his leave expired on 30 November 2022, he came back to work last month; December 2022, but he was hardly around for long periods,” the ministry source said. “At the beginning of this month, he went on leave again, but didn’t put anyone in charge at AMH. Other senior guys there were also on leave. His plan was to be in and out, from time to time. However, his secret activities and associated dis - honesty were exposed, first by Charamba. But several other people, mostly in the media, already knew about it anyway. It seems he was the last to know that his colleagues already knew.” The sources said in 2019, Mdzungairi also se - cretly worked at the National Peace and Reconcili - ation Commission in the communications depart - ment. He had also looked for jobs at different other places, including Harare City Council where he bungled an interview. The job was given to another journalist, Michael Chideme, who has since left. Before Mdzungairi’s resignation, Local Govern - ment sources say the AMH had sent a human re - source executive to investigate the issue. They were given information on his employment contract. In the process, they further learnt Mdzungairi had not told the ministry that he was still employed at the AMH. It was also later discovered he had worked for the National Peace and Reconciliation Commission four years ago while still editor. The AMH, which ironically struggles to com - municate coherently despite being a media and communications company, was forced to write an internal memo after he had resigned. The internal memo from human resource ex - ecutive Levy Tswatswa to staff said: “We write to announce the resignation of Mr Wisdom Mdzu - ngairi from the position of editor-in-chief effective 16 January 2023. Mr Mdzungairi has decided to pursue other interests”. Mdzungairi effectively refused to comment, saying he was not a newsmaker. Spooks in the newsroom While journalists and intelligence operatives have different objectives, there is a thin, fine line that separates journalism and intelligence work; both are concerned with collecting information, but for different reasons. For journalism, information gathered has to be verified, processed and reported objectively for the public interest. In the security and statecraft establishment, in - formation is also gathered, verified and processed into intelligence so that a state and its leaders make informed, accurate and judicious decisions in the national interest. Yet one common characteristic is that the two trades intersect and interface where they deal with information gathering. That is why state intelligence agents could be stationed inside newsrooms. Due to that conflation of roles, journalists have long been used by governments, wittingly or not, to collect intelligence and even spread disinformation. Intelligence agencies infiltrate and actively work to influence mainstream media. Sometimes spies masquerade as journalists, spending years undercover. AMH chief executive Kenias Mafukidze Former AMH editor-in-chief Wisdom Mdzungairi NewsHawks Issue 115, 20 January 2023
News Page 7 It has happened in Zimbabwe, including at the AMH, as it has occurred elsewhere in the world. At the AMH, there have been dramatic incidences of spying at the media house. On the eve of the March 2008 general elections — on 21 March — the Independent reported that former CIO boss Happyton Bonyongwe had pre-emptively gone to court in an attempt to stop the paper from publishing a story about changes at the state security agency, claiming it was defamatory and false. In an alarming development, attached to Bonyongwe's court papers was a print-out of the unedited version of the unpublished story, meaning a CIO agent inside the newsroom had snooped on the computers and got the story for his handlers. What had happened was that as the Independent news editor at the time Dumisani Muleya left office after finishing his job, he saw a big khaki envelope at reception addressed to him and he opened it as he tried to walk out going home. To his utter shock, inside were court documents, including an interdict of a story which he had just cleared moments before and was due to lead the paper the following day — 22 March 2008 — a week before the elections. Investigations were done at the AMH the following day. Annexures to the court papers showed the story was routed from the news editor’s work station through the email address [email protected]. zw — which was for the Zimbabwe Union of Journalists (Zuj). When it got to Zuj is was then sent to a senior CIO director-internal, Andrew Muzonzini, who later became director-external before he was fired by Mnangagwa together with 16 others in 2018. Investigations revealed Independent senior reporter Augustine Mukaro had covertly sent the story to one of the CIO’s top bosses, Muzonzini, in a brazen act of spying at the heart of the newsroom. After a disciplinary hearing, Mukaro was fired. Prior to that, in liaison with Muleya — who was the author of the story — Independent editor Vincent Kahiya had decided not to publish the CIO reshuffle story as the paper could have been in contempt of court. Bonyongwe had sought the gag order, charging the Independent's story “involves state security”. “Publication of a detailed version would cause irreversible harm, loss of cohesion, alarm and despondency, indiscipline and multiplicity of adverse consequences, which have the potential of militating against the operation and effectiveness of the security organisation,” he had argued in his court application. However, High Court Justice Lavender Makoni afterwards dismissed the urgent chamber application to stop the Independent from publishing the story disclosing details relating to the spy agency's changes. At the time, Zuj said it has launched an investigation into allegations that the organisation was used by the state intelligence service as a conduit to send the story to the CIO. At the time, Zuj president Mathew Takaona said: “I’m shocked by the development. In fact, it is shattering that Zuj can be embroiled in these sort of allegations. We have started our investigations. If it is proved that anyone at Zuj was involved, we will act swiftly and decisively.” In another example at the Independent, former journalist at the paper Brian Hungwe, now a Johannesburg-based lawyer, was recorded by state security agents while having a conversation with then senior editor Kindness Paradza at the Financial Gazette, making nasty references to former Information minister Jonathan Moyo. Hungwe was shocked when Charamba — again — referred to what he was saying about Moyo to Paradza in their conversation. Initially, Paradza thought it was Hungwe who had recorded him and leaked the conversation, leading to a confrontation, but it later became clear it was state agents who had recorded the chat. In June 2014, the then Sunday Mail editor Edmund Kudzayi was arrested in connection with a high-profile conspiracy allegation linked to the search to unmask the controversial Facebook character Baba Jukwa. He was charged with plotting an insurgency, terrorism and bid to undermine president Robert Mugabe. Chronicle editor Mduduzi Mathuthu and Muleya were also falsely implicated. Police detectives had been to their workplaces and houses in Bulawayo and Harare respectively. However, as the Independent case unfolded, what shocked Muleya was that when he was called for a meeting with a team of CIO and police detectives in the office of an influential business executive in Harare to discuss the issue, he found that his email had been hacked and some of his communications with Kudzayi — whom he did not know at the time — were printed for discussion. Anxious to avoid arrest and to ensure his freedom, Muleya did not even raise the issue during the discussion with the team of three police detectives and three CIO officers, including one from the information technology department. What had happened was Muleya, who was Independent editor at the time, had been approached via email by Kudzayi to write a column, but had refused as the request had come from an anonymous person who wanted to write an anonymous column without the editor knowing who he was. So during police investigations, those emails had linked Muleya to Kudzayi, although they had nothing to do with Baba Jukwa. This means Kudzayi’s communication had been compromised, leading to the exposure of his contact with Muleya. Fortunately, the investigators had not read the whole communication trail, which when availed at the meeting proved that in fact the discussion between Muleya and Kudzayi had ended without a deal. That laid the matter to rest from Muleya’s side, but it had showed that spooks were snooping on his communication and perhaps hidden in the newsroom as well. Cases against Kudzayi and Mathuthu also later collapsed, as did the one against Muleya. In another case, former State Security minister Didymus Mutasa once warned the Independent news editor that he knew what was happening in the newsroom as he had moles inside. Initially, the temptation was to dismiss him, but when he would repeatedly mention that after journalists’ diary meetings saying he was already aware of what they would have discussed, it became impossible to ignore his claims, particularly because he also had said in public the CIO had agents everywhere. At the time, it also became clear some journalists were snooping on colleagues. On one occasion, the Independent news editor was shown a report by a CIO contact written by one of his reporters about the newsroom and stories on the diary. The news editor did not ask the reporter until he went abroad. These are just but some of the examples, among many others, that showed that infiltrators exist in newsrooms. Sometimes sensitive documents would just disappear in the newsroom. For instance, when reporters brought stories some editors would take documents to hide them or keep them without publishing stories either due to corruption or capture by vested interests with some control over editorial matters. Such documents would sometimes vanish. From right: President Emmerson Mnangagwa with AMH co-owner Trevor Ncube, Zimbabwe Independent editor Faith Zaba and then chief operating officer Kangai Maukazuva. — File photo From left: Former AMH editor-in-chief Wisdom Mdzungairi, publisher Trevor Ncube, former United States embassy in Zimbabwe Charge d’Affaires Thomas R. Hastings and AMH chief executive Kenias Mafukidze. — File photo NewsHawks Issue 115, 20 January 2023
Page 8 News BRENNA MATENDERE VILLAGERS in the Chiadzwa area of Manicaland province this week clashed with soldiers and police officers manning the Marange diamond fields. The confrontation erupted at Chingome Business Centre after which a former Zanu PF councillor and 10 others were arrested, as tension between villagers and security officials continues to rise. Chiadzwa residents are angry and have been protesting over the looting of diamonds and mismanagement of mining proceeds. The frustrated locals have increasingly adopted a more proactive grassroots approach in voicing theur concerns. The villagers insist they have not benefited from diamonds being mined in their area and are also unhappy about local travel restrictions imposed by the government. Those arrested were former councillor Daniel Nyazika (64), his wife Midia Nyazika (55), as well as children Tinashe Nyazika (35), Mike Nyazika (35), Gift Nyazika (31) and seven villagers comprising Crispen Mashande (33), Neyemai Chibuwe (32), Manuel Zvirimumoyo (32), Darlington Mwarumba (20), Albert Mudzimwa (18) and Michael Chidzungu. They were detained at Bambazonke Police Station and charged with defeating or obstructing the course of justice as defined in section 184 (1) (b) of the Criminal Law Codification and Reform Act (Chapter 9:23). The charge sheet reads: “On the 16th of January 2023 and at Nyazika Bottle Store, Chingome Business Centre, Chiadzwa, Chief Marange, the accused teamed up and challenged Joint Operations Committee officers from ZNA (Zimbabwe National Army) and ZRP (Zimbabwe Republic Police) stationed at the Zimbabwe Consolidated Diamond Company who are on operation to secure the diamonds fields. “The JOC officers had arrested 32 illegal diamond panners in accused one’s shop. Accused one confronted the officers and ordered them to release the arrested illegal diamond panners or was going to assault them. “Accused one mobilized accused 2-11 to assault the officers. The accused person picked stones and pelted the security forces resulting in the injury of two officers. The accused’s actions led to the escape of the 32 illegal panners.” The police also said they recovered stones and sticks which the accused used to attack the officers and they will be produced in court. The NewsHawks gathered that the accused persons were later rescued by the Zimbabwe Lawyers for Human Rights’ Peggy Tavagadza and Kelvin Kabaya who secured ZW$10 000 bail for each of them, which was granted by Mutare magistrate Richard Ramaboea. During the skirmishes, residents of Chiadzwa who were at the business centre were indiscriminately assaulted by the security forces who sought to arrest the 11 accused persons, resulting in damage to property. Nyazika’s bottle store was ransacked and goods allegedly looted by some state security services. In the past, civil society organisations working in Chiadzwa like the Centre for Research and Development (CRD) have red-flagged state security agents over human rights abuses in the now highly protected area. In the latest case, CRD posted a video on Twitter of a badly damaged vehicle belonging to former councillor Nyazika and said it was smashed by state security agents during the raid on the accused persons. “According to Mr Nyazika one of the soldiers cocked his gun and threatened to shoot him when he approached the military guy seeking clarification on what they wanted at his shop. Several other locals were also arrested and accused of defeating the course of justice,” read an accompanying post from CRD on Twitter. Last year, CRD recorded gory incidences of Chiadzwa villagers with broken limbs, swollen faces and other serious injuries attributed to the abuses of state security agents in the area. On the other hand, the locals continue to cry foul over lack of socio-economic development in the diamond-rich area where poverty is ironically rife among ordinary citizens and tension is mounting because the government has failed to fulfil promises to them after they were relocated from their ancestral homes to pave way for the mining of gems. The disturbances in Chiadzwa and human rights onslaught on defenceless civilians by state security agents come at a time when Zimbabwe last year assumed the post of the Kimberly Process Certification Scheme chair. The international body is strongly against human rights abuses in diamond-mining areas. Chiadzwa residents are angry and have been protesting over the looting of diamonds and mismanagement of mining proceeds. Chiadzwa villagers, army officers in violent clashes NewsHawks Issue 115, 20 January 2023
News Page 9 BRENNA MATENDERE LOCAL Government minister July Moyo’s powers to interfere with operations of urban councils which saw him forcing Harare local authority to pay for dodgy deals like the infamous Pomona scandal and reverse resolutions of local councils were this week declared unconstitutional by the High Court which ruled in favour of a challenge argued by lawyer Tendai Biti. The court challenge against Moyo’s powers was brought by the Combined Harare Residents' Association and the Borrowdale Residents and Rate Payers' Association. Harare councillor and Citizens' Coalition for Change top official Ian Makone, residents Clever Rambanepasi and Elvis Ruzani were also applicants in the matter that was supported by parliamentary watchdog Veritas. High Court judge Nyaradzo Priscilla Munangati-Manongwa handled the matter under case number HC 4723/22 in which Moyo was the sole respondent. Biti strongly argued that provisions of section 314 of the Urban Councils Act [Chapter 29:15] which Moyo cited in his letters on various orders to city councils were ultra vires the provisions of several sections of the constitution of Zimbabwe and deserved to be repealed. Section 314 reads: “Minister may reverse, suspend, rescind resolutions, decisions, etc. of councils (1) Where the Minister is of the view that any resolution, decision or action of a council is not in the interests of the inhabitants of the council area concerned or is not in the national or public interest, the Minister may direct the council to reverse, suspend or rescind such resolution or decision or to reverse or suspend such action. “(2) Any direction of the Minister in terms of subsection (1) to a council shall be in writing.” “(3) The council shall, with all due expedition, comply with any direction given to it in terms of subsection (1).” However, Biti argued that the section gave Moyo unnecessary powers to make decisions for city councils, even on non- policy issues. He further argued that the section allowed the respondent to interfere with the running of council business yet he is not an elected councillor, adding that central government cannot and should not interfere with the running of councils in light of section 274 of the constitution which allows local authorities to represent and manage the affairs of the people in their areas. Biti also submitted that the preamble to chapter 14 of the constitution which pertains to provincial and local government authorities says that there must be devolution of power in which lower tiers of the state must make binding decisions for themselves. “The lower tiers of government are thus clothed with the powers and responsibilities to run their affairs in terms of Section 274 and Section 265 of the Constitution which speak to urban local authorities and provincial and metropolitan councils and local authorities respectively,” argued Biti. “The democratic participation by citizens in government and by local communities in the running of the affairs of the areas they reside in is thwarted when the respondent invokes the powers in Section 314 of the Act.” In her 12-page ruling, Justice Munangati-Manongwa said the section was unconstitutional. “. . . the provisions of Section 314 of the Act which singularly give unfettered powers to the Minister to reverse, suspend, rescind resolutions or decisions made by the people through their democratically elected representatives can only be ultra vires the Constitution more particularly the decision being taken by an individual without consultation whatsoever,” she said. “Such overriding powers which have no checks and balances are a danger to democracy as enshrined in the Constitution particularly given the objectives of devolution as outlined in Chapter 14 of the Constitution. “It is tantamount to disregarding the will of the people as constitutionally provided through the democratic election of representatives sitting in the local authorities. “Given the aforegoing there is absolutely no justification for the existence of s314 of the Act in the form it is hence counsel for the respondent was at pains to justify its existence citing s265(3) of the Constitution whose provisions do not speak to the Minister’s actions.” She said section 314 of the Urban Councils Act [Chapter 29:15] fails the constitutionality test when juxtaposed against sections 264(2), 265(1) and (2), 274 and 276(1) of the constitution. “The provisions of that section are ultra vires the constitution hence are declared invalid,” she said. “It is therefore ordered as follows: Section 314 of the Urban Councils Act [Chapter 29:15] is ultra vires the provisions of Section 264 (2), 265(1) and (2), 274 and 276 (1) of the Constitution of Zimbabwe and is hereby declared invalid. The respondent to pay costs.” Valentine Maponga, the Veritas spokesperson, told The NewsHawks that the judgment was progressive for Zimbabwe as it removed excessive powers on one person to decide for the majority. “It is improper that the minister as an individual makes a decision or resolution not in the interests of the inhabitants of the concerned area without any consultation with the concerned people,” Maponga said. “Sections 276 (1) and sub-section 2 of the constitution cement the extent of the powers of a local authority to govern the local affairs of the people within its area, the exercise of which cannot be interfered with by the minister in the manner so provided by s314 of the Act. “If the provisions of Sections 264, 265, and 276 of the Constitution are juxtaposed with the provisions of section 314 of the Act, it is clear that the latter is in violation of the Constitution as the provisions defeat the purpose of devolution,” he said. In the discredited Pomona deal, Moyo early this year forced Harare council to proceed with a deal rejected by councillors for ratepayers to fork out US$40 000 per day for 30 years to a company known as Geogenix for garbage dumped at Pomona dumpsite. He also interfered in several other local authorities by forcing them to buy fire tenders at inflated prices. In Victoria Falls, Moyo was also flagged for interference in the case involving the suspension of town clerk Ronny Dube. Court clips July Moyo’s imperial powers Local Government minister July Moyo NewsHawks Issue 115, 20 January 2023
Page 10 News NATHAN GUMA ZANU PF factional battles continue to filter through and find expression in government and state institutions, with the US$1.2 billion National Social Security Service (Nssa) pension fund being one of the key battlegrounds. The ruling party factions and their leaders always fight to control Nssa, as it gives them access to cheap funding and business deals for self-aggrandisement, as well as an opportunities to build war chests for their political battles. In a bid to bring the situation under control at Nssa, President Constantino Chiwenga has clipped the wings of Public Service minister Paul Mavima by stopping him from removing senior executives at Nssa and replacing them with his allies, saying it violates good corporate governance. According to a letter from the President’s Office dated 3 January seen by The NewsHawks, Chiwenga ordered a reversal of the appointment of Agnes Masiiwa as acting general manager to replace Charles Shava with effect from 1 January 2023. The appointment was done by Nssa board chair Percy Toriro with Mavima’s approval. The letter, signed by the deputy chief secretary for policy analysis, coordination and development planning, Willard Manungo, reads: “Correspondence of 30 December 2022 from the Nssa board chairman Percy Toriro with regards to the above refers: “For good order, the Office of the President finds the proposed change of acting general manager by the Nssa board chairman at a time when forensic audit processes are underway as a serious violation of corporate governance rules and ethics. “Pursuant to good corporate governance, the Hon. Acting President advises that nothing should be done to remove the Nssa acting general manager in the midst of the forensic audit processes currently underway.” Nssa, with the minister's approval, had initially appointed Masiiwa — who is director for contributions, collections and compliance — as acting general manager without board approval, to replace Charles Shava with effect from 1 January 2023. Shava had been acting general manager since July 2022 when the substantive boss, Arthur Manase, was suspended over corruption allegations which are under investigation by the Zimbabwe Anti-Corruption Commission (Zacc). The appointment was announced by Toriro. “It has been six months with Dr Charles Shava acting in the position. In keeping with best practice and to ensure effective succession planning in the organisation’s executive leadership, from 1st January 2023, Ms Agnes Masiiwa comes in as the new Acting General Manager. She is one of the Directors at Nssa. “On behalf of the Board, Management and other stakeholders, I would like to thank Dr Charles Shava most sincerely for steadily steering the ship for the past six months. I also wish Ms Agnes Masiiwa well as she assumes the Acting General Manager role for the coming period. “Her brief is to ensure smooth continuity of business operations and providing leadership at various levels of the organisation’s mandate execution at the same time overseeing finalisation of the audit process already underway.” After Masiiwa was appointed without board knowledge, but with the minister's support, Chiwenga moved to reverse the appointment, which highlights divisions and infighting at the social security agency, where there is heavy ministerial and political interference on management and operational matters. In a letter indicating the reversal, board chairperson Toriro said: “Further to our notice indicating the intention to rotate the acting Nssa general manager position after the incumbent acted for six months, we have been advised that the timing may not be right since the audit process is not yet complete. We have been advised that to let the acting general manager to continue on the position.” The initial appointment of Masiiwa had shocked Nssa insiders as it openly showed Manase and the minister's hands of interference in the US$1.2 billion pension fund's internal affairs. Masiiwa, who once briefly acted when Manase was removed, is an ally of Manase and the minister. Chiwenga moved fast to stop Masiiwa's return, saying this interfered with the forensic audit and violated good corporate governance tenets. Nssa, with a long history of corruption and looting, is under investigation over a series of corruption matters. In 2019, former Public Service minister Prisca Mupfumira was charged for corruption involving US$95 million from the state pension fund. The prosecution laid out charges ranging from alleged abuse of state pension fund money to finance Mupfumira's political campaigning to directing investments of up to US$62 million into a bank against the advice of the pension fund's risk committee. In April last year, Mupfumira sought to halt the trial, seeking postponement of the case while blaming the magistrate for formulating a case against her. In May 2022, Zacc invaded and camped at Nssa offices in Harare to investigate complaints of alleged malpractices, corruption, corporate governance failures and suspicious movements of senior officials at the statutory corporate body tasked by the government to provide social security. Zacc investigators camped on the 10th floor of Nssa building where they were investigating, among other issues, corporate governance in critical departments that include audit, finance, investments, procurement and property in a bid to establish if corporate processes and procedures are being followed by the departments in executing their mandate. After recent upheavals at Nssa, several executives and managers were shifted and some removed as those in charge sought to assert control amid corruption allegations. Others became collateral damage, like David Makwara, corporate affairs director, suspended over a loan issue. Nssa: Zanu PF factional battles filter through state-controlled enterprises NewsHawks Issue 115, 20 January 2023
News Page 11 ZIMBABWE’S delimitation process, which changed the shapes and boundaries of parliamentary constituencies and local authority wards, has sailed through both Senate and National Assembly, after ruling party MPs were whipped in line to ensure the report sails through. On 15 January 2023, ahead of the debate on the Zimbabwe Electoral Commission delimitation report, the legislators had a caucas meeting chaired by Zanu PF chief whip Pupurai Togarepi and leader of government business Ziyambi Ziyambi to support the report as had been suggested by the largely Zanu PF ad hoc committee appointed by Parliament to look into the report. In its recommendations, the committee said the Zec report could be adopted with minor changes. “While the Committee appreciates that it is not possible for Zec to meet the expectations of all the stakeholders in this exercise, it is the Committee’s considered view that all the issues raised in this Report, particularly those that are inconsistent with provisions of section 161 of the Constitution will be resolved before the finalisation of the Report on the delimitation exercise,” read the report. Legally, the nation cannot go to an election using 13-year-old boundaries that were demarcated in 2008, but there is little time given to the electoral body to address issues raised by the committee as well as MPs during House debates. This means the process may be fast-tracked to qualify the new boundaries which favour the ruling party into the upcoming election Although MPs across the political divide seem to have been singing from the same hymn book in the two-day debate, they were largely worried about their constituencies that were collapsed and not about the technicalities of going into an election with such a flawed report. Not everyone was given a chance to contribute to the debate on the report. "I have been given a list so that we do not get confused. The independent [MP] shall speak without any list. I have been given a list of those who would like to contribute," said the speaker of Parliament, Jacob Mudenda. After robust debate in senate the Deputy President of Senate, Michael Reuben Nyambuya, said the ad hoc committee report was being adopted as is, which was generally what Zanu PF wanted. “It means we have adopted the recommendations of the report. Now the report will go to the President. His Excellency will refer it back to Zec, but we are basically saying the analysis which was done by the Ad Hoc Committee is spot-on,” said Nyambuya. The acting speaker of the National Assembly also assured the opposition MPs that their views would be included in the report that was submitted to the President. “In terms of procedure and what others have spoken, there is unanimity in terms of the substance of the Ad Hoc Committee Report and for the sake of completeness, what has been discussed here in the National Assembly and in the Senate will form part of some annexure as part of the report. So all those that spoke, their voices will be captured and they will be part of the report," he said. In Harare, the Zec report favours Zanu PF, after it created three new constituencies in Harare South and Epworth areas. While there are some changes in Zanu PF-dominated provinces, the process mainly left things as they were after factoring in new shifts in shapes, aerial extent and distribution. But in Harare the changes favour Zanu PF, which by definition and design amounts to gerrymandering. Three constituencies emerged out of Harare South, which means an additional two. Harare South is under Zanu PF MP Tongai Mnangagwa, related to President Emmerson Mnangagwa. An additional constituency was created in Epworth, also under Zanu PF MP Zalerah Makari, who is related to the late former president Robert Mugabe’s family. Meanwhile, Professor Lovemore Madhuku, the lawyer for Tonderai Chidawa, who is challenging the constitutionality of the tabling of the report, says elections are likely to be suspended. Chief Justice Luke Malaba did not grant urgency in their application to force Zec to restart delimitation, but the matter will proceed normally. Meanwhile, Chidawa will seek an interdict against Zec not to proceed and produce final report. Zec submitted the preliminary report to President Mnangagwa in December 2022 before it was tabled before Parliament in January 2023. Subsequently, a 12-member ad hoc committee comprising Zanu PF legislators, chaired by Pupurai Togarepi, was constituted to analyse the report. — STAFF WRITER. Disputed pre-election process sails through Parliament stage President Emmerson Mnangagwa (left) receives the Delimitation Report findings from Speaker of Parliament Jacob Mudenda at the State House on Thursday. — Picture Aaron Ufumeli Zanu PF chief whip Pupurai Togarepi NewsHawks Issue 115, 20 January 2023
Page 12 News WHILE Senate has approved the delimitation report, which is now before President Emmerson Mnangagwa, Harare voter Tonderai Chidawa, represented by Lovemore Madhuku, is pressing ahead with his challenge of the document he says is not a Zimbabwe Electoral Commission product (Zec). Chidawa recently filed a Constitutional Court application seeking to have the controversial report declared null and void. The matter was briefly heard before Chief Justice Luke Malaba, who ruled that the case will not be treated with urgency, but just as other ordinary cases on the roll. Court action comes amid claims of torture by Chidawa, who has told court that he went through a harrowing experience at the hands of suspected state agents. As he was at court, Mnangagwa was receiving Parliament’s findings on the report. In is ConCourt application, Chidawa says Zec did not produce the delimitation report as some commissioners dissociated themselves from it. He says the report is unconstitutional as it was only produced by Zec chairperson Priscilla Chigumba and her deputy Rodney Simukai Kiwa. "I believe Parliament has failed to fulfill a constitutional obligation. “This failure has arisen in respect of processes that have unfolded following the tabling in Parliament by the President of a preliminary delimitation report in terms of section 161(7) of the constitution. "The tabling took place on 6 January 2023. The constitutional obligation that I believe Parliament has failed to fulfill is the obligation to protect the constitution and ensure that all state institutions act constitutionally and in the national interest,” he said. Parliament of Zimbabwe was cited as the respondent in the court papers. Chidawa wants the delimitation exercise repeated. He submitted that Parliament erred in failing to initiate investigations into how the report was compiled. "It is my respectful belief that no reasonable person applying his or her mind to the document signed by seven out of nine members of the Zimbabwe Electoral Commission would fail to conclude that there is a reasonably strong basis for the suspicion that the preliminary delimitation report tabled in Parliament and currently being debated is not an act of the Zimbabwe Electoral Commission as a body corporate [as required by the Constitution] but a report by one or two members of the Zimbabwe Electoral Commission [and thus contrary to the Constitution]," reads his court application. He said it was wrong for Parliament to refuse to investigate the report on grounds that the seven commissioners had not communicated with Parliament but with the President. Chidawa’s application is supported by affidavits of two Zec commissioners The citizen wanted his matter heard with urgency because if delayed, Zimbabwe would go into this year’s elections using the old delimitation report. He also talked about his attacks. “I have acted with urgency. After receiving the response from Parliament, my legal practitioners prepared these papers as per my previous instructions but could not get me to sign them immediately as I had been detained by unknown state agents who were threatening me not to proceed with my court application. “They tortured me and only released me after two days. It was only after that horrible incident that I managed to get in touch with my legal practitioners for signing of this affidavit,” he said. After the matter was removed from the urgent roll, Madhuku told journalists that the remaining option was to seek an interdict. "In the meantime, because the matter is before the court, we are going to be seeking an interim relief. We will seek an interdict against the processes,” he said. The delimitation report has drawn massive controversy, with many dismissing it while a few called for its adoption. On Tuesday, some parliamentarians noted the need for Zec to revisit its preliminary delimitation report based on findings and recommendations of the ad hoc committee that was set up to look into it. During a debate on the Zec report on Tuesday, legislators put emphasis on the need to have a voters' roll or census report to tally figures and agreed the law was grossly violated by the electoral body. MPs condemned Zec and felt Zimbabweans were short-changed by the exercise which will affect resource distribution in constituencies. The ad how committee also said the report had a lot of irregularities. Parliament of Zimbabwe was cited as the respondent in the court papers. After the matter was removed from the urgent roll, Madhuku told journalists that the remaining option was to seek an interdict. "In the meantime, because the matter is before the court, we are going to be seeking an interim relief. We will seek an interdict against the processes,” he said. — STAFF WRITER. Challenge against Zec presses on Lawyer Lovemore Madhuku NewsHawks Issue 115, 20 January 2023
News Page 13 NATHAN GUMA LEGAL think-tanks say the Zimbabwe Electoral Commission (Zec) should act fast on recommendations made by the ad hoc committee on the preliminary delimitation report before the 26 February deadline, as reverting to the 2007- 2008 boundaries would be disastrous. Zec is running out of time to complete the delimitation process, which has been criticised on a number of fronts, including the fact the election body may have used the 1980 Lancaster House constitution in its calculations to determine constituency numbers, rendering it null and void. This week, Speaker of Parliament Jacob Mudenda handed over to President Emmerson Mnangagwa the Zec report from Parliament after a heated debate amidst controversy. While the report has been deeply flawed as shown by the ad hoc committee report, a section of parliamentarians have shown keenness to push it through, which could be disastrous for the opposition. The electoral body has been accused of gerrymandering, as key changes likely favour Zanu PF. Harare, with over 900 000 voters, was allocated 30 constituencies while the Midlands, with over 700 000, was allocated 28. An analysis of the findings this week by Veritas shows that Zec neither used census data correctly to delimit electoral areas nor gave reasons for combining constituencies. The Election Resource Centre (ERC) says while failure to meet the deadline will see the electoral commission reverting to the 2007- 2008 boundaries, the decision may come with dire consequences. “2007-8 boundaries would create disproportionate inequalities and the voting strengths of communities would be too low or too high. For example, Chikomba, Gutu and Zaka constituencies with 14 000 competing with Harare South with 73 000 (Epworth and Goromonzi) – it will not create an impression of sufficient representation. “That is why we need to have them redrawn for use in 2023,” says Solomon Bobosibunu, ERC programmes manager. He said reverting to the old delimitation boundaries also leads to inequalities in constituencies, which will, in turn, lead to unfair representation as constituencies with large numbers are unlikely to benefit from developmental funds. “The voting strength of constituencies will be tilted. If a person casts a vote in a constituency with 14 000 people, then another in another with 76 000, the cost of campaigning will either be too high or too low. So, other people will benefit at the expense of others. “So, the other one is the inequalities, and also the representational aspect which is compromised. We cannot have an area with 76 000 people making sure they have done hearings and consultations and other constituency-related business, and at the same time having someone with 14 000. “So, it means that it is going to be easy for the person with 14 000 to go throughout the constituency and work out a plan. Additionally, part of the challenges that arise include the distribution of development funds, among others. “If you look at how other funds are distributed, for example in terms of constituency development funds, it is just US$50 000 to a constituency with 76 000 and that with 14 000. I think the disparities are the ones that are dangerous to the electoral process itself,” he said. The ERC said Zec and other stakeholders should put their hands together so that they work with the current report to avoid going back to 2008. “Going back to 2008 is worse off than the current draft. If they are agreeing to a compromise, let them compromise on this draft analysis because money has been spent on the preliminary report. “The current one is through proclamation, so it means that when they complete the process some six months before the election, it will be used in the 2028 election. At this point, they will have to suspend the process for use in this election. However, it will still be used in the next election, meaning that they will have not lost the 10-year cycle of the census. The boundaries will still be used for the 2028 election, but will not apply for the next,” Bobosibunu said. ‘Zec must act fast, sort out delimitation controversy’ Speaker of Parliament Jacob Mudenda NewsHawks Issue 115, 20 January 2023
Page 14 News BRENNA MATENDERE ACADEMIC Philan Zamchiya and independent think-tanks have warned against the holding of this year’s general elections under the new constituency boundaries created by the Zimbabwe Electoral Commission (ZEC) in its latest delimitation exercise. The experts describe the controversial delimitation report as a constitutional nullity due to fatal errors made, while heavily tilted in favour of Zanu PF. Zamchiya predicted that even though Zec has promised to correct the errors, it was unlikely to do so holistically due to political pressures from the government and the ruling Zanu PF. He made the remarks on Thursday evening during an online policy dialogue meeting on delimitation convened by the Southern African Political Economy Series (Sapes) Trust in conjunction with the Research and Advocacy Unit (RAU). “Delimitation is not just a rational process, it is a hot political affair in an authoritarian hybrid regime like Zimbabwe. The regime will always want to tilt the boundaries in their favour. There is supposed to be an independent commission but its work is affected by the government-party conflation,” he said. Zamchiya also said that in its current form, the delimitation exercise favours Zanu PF, which will win a two-thirds majority if the elections are held using new boundaries created by Zec. He said 60 constituencies that were strongholds of the opposition in 2018 had been diluted to favour Zanu PF. “Zec preferred to use the 40% variance formula instead of the legal 20% in order to favour the ruling party because it will ensure that the opposition would win big in few constituencies where there are overstated voters while Zanu PF will win majority seats on slim margins in mostly rural areas with understated voters.” “However, on the presidential election race, the formula will favour the opposition candidate because Zimbabwe will be like a single big constituency,” he said. Zamchiya added that it was for that reason that there is now “elite dis-cohesion” in Zanu PF as supporters of President Emmerson Mnangagwa are fighting the delimitation report while those of Vice-President Constantino Chiwenga are in support of the exercise. “Going forward, there are four scenarios that are likely to happen to the delimitation report. The first one is a stalemate in which Zec will fail to finish the exercise six months before the elections and present an option to revert to 2008 boundaries, which however will be illegal.” “The second one is of a breakthrough, where Zec will correct all the anomalies which will favour the opposition, but this one is unlikely due to authoritarian rule that exists in the country.” “The third one is a drag-through where elections will be postponed to allow Zec more time to come up with an acceptable delimitation arrangement. However, it is unlikely because hybrid regimes have a penchant to stick to exact timelines on elections in order to satisfy the legitimacy requirement.” “The fourth one is a muddling-through or seesaw kind of arrangement where Zec will correct some errors in order to pacify some critics and appear like a better devil. This one is the most likely one.” “As a solution, civil society must push for the break-through and drag-out scenarios. I would not mind if elections were postponed by two or three months for Zec to have adequate time to come up with constitutionally correct delimitation boundaries but under the oversight of the regional and international community before the country can go for free and fair elections,” said Zamchiya. He reiterated that civil society organisations (CSOs) are too weak to challenge the delimitation process for fear of being victimised through the Private Voluntary Organisations law that will see the government controlling CSOs with power to even deregister them. Former cabinet minister Jonathan Moyo said instead of civil society and opposition parties complaining a lot on social media, they were supposed to make written submissions to Zec on the corrections they wanted made on the Zec report since what was presented was not the final draft. “Unfortunately, it is only Parliament which has tabled presentations for corrections of the delimitation report,” he said. The former Information minister also said that unlike other people who are saying the errors made by Zec were out of political influence, he believed it was pure incompetence and lack of technical skills of the electoral body’s officers that resulted in the bungling of the delimitation exercise. “What has gone fundamentally wrong is that there was technical incompetence. In the past like in 2007, delimitation was done by an ad hoc committee of people with the specific skills for the exercise and they would do just that. This Zec is a bambazonke (jack of all trades) and do a lot of things at the same time. During delimitation they were also doing voter registration and conducting by-elections. They were more wanting on the technical part of it,” he said. Academic Ibbo Mandaza also warned against the holding of elections using the new contested boundaries of constituencies and urged civil society to coordinate challenges to the Zec report. “There is history of rigging in the country. Should we stand by and see history repeating itself? Our challenge is that we have a weak civil society and it's very pathetic. As Sapes Trust and RAU, we have tried to keep the fire burning on the issue of the delimitation, but the big question is: What more must be done?” he asked. Academic Philan Zamchiya says the delimitation exercise favours Zanu PF, which will win a two-thirds majority if the elections are held using new boundaries. Constituency boundaries undermine fair elections NewsHawks Issue 115, 20 January 2023
News Page 15 BRENNA MATENDERE MBERENGWA residents have formed a foundation led by prominent local people to fight the plunder of recently discovered lithium deposits in the vast district as well other available minerals like gold, copper, emeralds, chrome, tantalite, lime, platinum and iron ore. The entity is known as Mberengwa District Natural Endowments Foundation. Early this year there was public outrage after more than 10 000 Mberengwa villagers who were digging and blasting for lithium ore around Sandawana Mine were violently displaced by police and forced to leave behind thousands of tonnes of the ore they had piled up. In a video that went viral on social media, one of the villagers who had been displaced was recorded as saying one of President Emmerson Mnangagwa’s relatives, Bernard Mnangagwa, had instructed police to evict the villagers. In the audio recording that circulated on YouTube, the villager is heard as claiming: “What is happening here is very painful. A son of Mnangagwa came here in the morning and we have all been displaced. These are people who vote for Zanu PF who have been displaced. Are you hearing that teargas which is discharging? Mnangagwa’s son came here in the morning (to displace villagers) . . . so what it means is that the whole country will be finished by children of one person,” he said. “Why is it that each time there is a mineral rush, children of one person come to take over? We never saw children of President Mugabe doing that. How will Zanu PF campaign in this area after what has happened?” Several companies linked to the government have also been preying on minerals found in Mberengwa, without ensuring the district benefits through economic development. Impassable roads, shortages of adequate schools, potable water as well clinics and lack of expanded rural electrification are the order of the day in Mberengwa. It is against this background that over 500 residents who constitute the Mberengwa Lithium Community Group have developed the idea of forming a foundation to fight plunder of the minerals. The interim committee of the foundation is led by a long-time Mberengwa resident Collen Shumba, who is deputised by the Zimbabwe Elections Support Network (ZESN) director Rinda Vava-Pfunde. Lawyer Desmond Matete is the foundation’s legal adviser while mining technocrat Dennis Shoko has been roped in as an expert. Progressive Teachers' Union of Zimbabwe president Takavafira Zhou, who is the secretary-general of the foundation, told The NewsHawks this week that over 500 community members had originated idea to ensure the wealth of the district benefits all villagers. “We have a Mberengwa Lithium WhatsApp group comprising more than 500 people who first nominated 33 interim members for the foundation. Then the 33 members were tasked to meet and reduce the number to that working committee of nine, taking into consideration integrity, expertise in various areas needed to foster sustainable development of Mberengwa. But a more substantive executive committee will be chosen later after completion of a skills audit of all people from Mberengwa,” he said. The aims of the foundation as specified in the founding affidavit establishing the entity are to retain at least 30% of mineral resources wealth in Mberengwa district; ensure at least 75% beneficiation of locally extracted minerals happens in Mberengwa; develop Mberengwa district infrastructure from mineral proceeds; and ensure equitable distribution of economic resources for the benefit of all citizens of the district. Part of the affidavit reads: “Lithium is listed by most industrialised nations as one of the most important minerals of the next century. It is, by and large, the fuel of the Fourth Industrial Revolution. “The foundation will lobby government to make sure this most precious commodity is not given away or sold for a song. We envisage a situation where government enables more communities’ participation in the extraction of natural resources within their jurisdiction by preferential reservation of mining and processing opportunities to local communities’ stakeholders, individuals and/or groups of people as an extension of government empowerment and devolution agenda. “It’s envisaged that communities will be organised and capacitated in funding to raise capital to contribute towards the development of business enterprises up and down the value chain within the source district. “We strongly encourage that local communities (individuals and corporate) be empowered by being allocated at least a 20% stake at fair market value in the total investment to ensure that the community has some significant return from the resources exploited and to prevent wealth flight from our country.” The foundation says government should also consider allocating between 10% and 20% of the lithium reserves for the commercial exploitation by Mberengwa District Natural Endowments Foundation for the direct benefit of the district, while opening up the rest to other investors whose investments must also be structured in such a way that the wealth benefits citizens. Zhou told The NewsHawks that the mining chaos in Mberengwa needed to be normalised. “Chinese, Indians, ZMDC, Kuvimba and politicians are still harvesting large quanties of Lithium that had been dug by artisanal miners and villagers and ferrying them to Zvishavane, Harare and other unknown areas. There were more than 10 000 miners and villagers digging and blasting lithium ore that have now been jettisoned from the mining area and there is so much ore that is taken for free,” he said. “What is worrisome is that Mberengwa has nothing to show for its rich mineral resources, be it lithium, emerald, chrome, tantalite, lime, platinum, copper, Iron ore, gold and is shimmering in backwardness, poverty and development of underdevelopment and underdevelopment of development. “As such, the people of Mberengwa are sick and tired of mineral resource curse and have now formed a non-partisan development trust tailor-made to lobby for sustainable development, mineral share ownership, dividends sharing, local processing of minerals in Mberengwa or maximum benefits from natural resources accruing in the area. As host community, Mberengwa would not accept the tag of exploitation and abuse by politicians in cahoots with mining capital,” he said. Mberengwa fights lithium plunder NewsHawks Issue 115, 20 January 2023
Page 16 News NATHAN GUMA THE eviction of small-scale miners from government-owned Sandawana Mine undermines labour rights and is a wake-up call for artisanal miners to mobilise smooth litigation processes should there be a breach of agreement, organisations representing mine workers have said. Early this month, over 2 000 miners were evicted from Sandawana Mine, owned by the government through the Zimbabwe Mining Development Corporation (ZMDC). The Mberengwa mine, known to produce diamonds and other gemstones, has been subject to a lithium rush since November 2022, which has attracted small-scale miners. According to miners, Sandawana Mine had promised in principle to buy their lithium ore, but left them empty-handed without compensation after forced evictions this month. Organisations representing mine workers say the forced evictions undermine labour rights. “If there was an agreement, it is an affair whereby the mining company is taking advantage of poor artisanal small-scale miners, in the sense that they left them to do the digging, extraction and so forth, only to come later telling them to stop. What does that mean? “It would have been very easy had they given them (the artisanal miners) the order not to mine. In terms of labour, it is an unfair labour practice – working people without giving them any remuneration,” said Cosmas Sunguro, president of the Zimbabwe Allied Diamond Workers' Union (Zidawu), an organisation that represents diamond and other mine workers. Sunguro said while the evictions are largely unfair, the government has been taking advantage of disjointed smallholder miners. “It is unfair on the side of the workers as they have not been organised. The miners are informally recognised, hence at times, since they do not have a grouping, they cannot have a legal case against the mine. This is a wake-up call that smallscale miners need to be formalised. “Apart from the lithium, they can contribute almost 50% mineral production in Zimbabwe, especially when you look at gold, there is no two ways about that. I think this was a deliberate ploy to harvest from where they did not plant,” Sunguro said. He said while lithium has been declared a strategic mineral, there is a need to ensure that smallholder miners also have rights of ownership to the mineral. “I think it would have been proper that at least they sell the lithium to the mine, then a certain amount of the proceeds be channelled towards land rehabilitation,” sunguro said. “Let us formalise and give artisanal miners opportunities and access to strategic minerals. In other countries like Sierra Leone and others, we have seen gold and minerals being owned by small-scale miners as well.” Mining and energy law expert Darlington Chidarara says there is a need for formalisation of artisanal mining. He said while Zimbabwe is mining lithium, a just transition mineral, there is need for applying principles of a just energy transition. “This means that the minerals should benefit the people as they are affected by the decisions,” he said. “We have always been advocating for the formalisation of artisanal mining. We are talking about the just transition. Lithium is a just transition mineral. How about we say we use principles that: do not worsen poverty, do not exclude those who are marginalised and those that do not entrench people in poverty. “Artisanal miners are marginalised. We can see that the miners are being excluded by the evictions.” Mining companies are generally notorious for violating the labour rights of marginalised workers. For instance, granite mining companies have been violating labour rights and effecting forced evictions in the Mutoko and Mt Darwin areas, creating a human rights catastrophe, which has seen people lose farming land while failing to benefit from the resource. According to a report titled From Mountains of Hope to Anthills of Despair, by mining law experts James Tsabora and Darlington Chidarara most foreign-owned companies mining granite in Zimbabwe have been offering local employees shortterm contracts only, while in some instances, the workers are not given employment contracts at all. Evictions a wake-up call for Zim small-scale miners Organisations representing mine workers say small-scale miners need to be formalised. Granite mining companies have been violating labour rights and effecting forced evictions in the Mutoko and Mt Darwin areas. NewsHawks Issue 115, 20 January 2023
News Page 17 BERNARD MPOFU ZIMBABWE'S political risk before and after the general elections slated for later this year will derail the relative economic stability achieved during the last quarter of 2022, a new report by a brokerage and research firm has warned. The southern African nation has a history of disputed election outcomes which have often triggered spates of political violence in most urban centres. After the near-collapse of the domestic currency prompted by excessive money supply, Zimbabwe’s economy had been floundering during the better part of last year, forcing the authorities to gazette the use of the United States dollar. While the country’s electoral management body has not announced the dates for the elections, indications are that the polls may be held after the second quarter of the year. As debate on the delimitation exercise which will pave way for the elections continues, the main political parties have begun campaigning and electioneering albeit in a politically-charged environment. “An analysis of past events in Zimbabwe indicates that it is very likely to experience some level of political violence in 2023,” Morgan & Co said in its latest research note titled Zimbabwe Economic Outlook 2023 — Battle Of The Two Lions. “Campaigning for 2023 is in full swing . . . The main political parties for the 2023 presidential elections are the Zimbabwe African National Union-Patriotic Front and the Citizens’ Coalition for Change. It is Chamisa vs President Mnangagwa.” During the last elections held on 31 July 2018, incumbent president Emmerson Mnangagwa polled 50.8% of the vote, while his archrival Nelson Chamisa, who then led the Movement for Democratic Alliance, had 44.3% of the vote which the opposition unsuccessfully challenged before the courts. A day after the polls, security forces opened fire of protesters who expressed concern over delays in announcing the election results, saying the outcome had been manipulated. An Afrobarometer survey released last June shows that 33% will vote for the CCC leader, while 30% of the voters Mnangagwa will choose Mnangagwa. Analysts now say ongoing persecutions targeting opposition activists and political violence unleashed on those opposing Mnangagwa’s party may result in voter apathy and swing votes in favour of the ruling party. “However one must understand the demographics and voter trends . Zimbabwe is a youthfull country with approximately 70% of its 15.1 million people under the age of 35. Generally the higher number of voters are the older generation, a significant number of youth are not registered to vote. Even if they do, they do not show up on polling day,” Morgan & Co further says. “Meanwhile Zanu PF is on an aggressive campaign to attract new members to the party with a target of mobilising five million voters. Zanu PF has a strong stronghold in rural areas, where it has been accelerating its campaign agenda.” Elections will ratchet up political risk — Research Zimbabwe has a history of disputed election outcomes which have often triggered spates of political violence in most urban centres. Zanu PF is on an aggressive campaign to attract new members . NewsHawks Issue 115, 20 January 2023
Page 18 News BERNARD MPOFU ZIMBABWE’S human rights record deteriorated in 2022 as the repressive state apparatus led the violations, a development that may culminate in further international isolation, a new report by Human Rights Watch has revealed. President Emmerson Mnangagwa promised to break with the past and engage the international community following the ouster of longtime leader Robert Mugabe in 2017. Mugabe, who ruled the southern African nation for 37, was blamed for relegating Zimbabwe to a pariah state following accusations of electoral fraud and a checkered human rights record. Mnangagwa took power after a military coup codenamed Operation Restore Legacy, promising to build a new democratic state and bring Zimbabwe back into the family of nations. According to Human Rights Watch's World Report 2023, Zimbabwe is cited as one of the 100 countries in the world whose human rights situation worsened in the past year. “The human rights climate in Zimbabwe deteriorated in 2022 without the government taking any meaningful steps to uphold rights and ensure justice for serious past abuses primarily committed by state security forces,” the organisation says. “There has been little progress on investigations into abductions, torture, arbitrary arrests, and other abuses against opposition politicians and activists. The government has yet to pass the Independent Complaints Commission Bill to establish an independent complaint mechanism — as provided by Zimbabwe’s Constitution — to receive and investigate public complaints against the security services. “Repression of civil society organisations and activists continued unabated in 2022. In November 2021, the government proposed a bill to amend the Private Voluntary Organisations (PVO) Act to further restrict the operations of non-governmental organisations (NGOs). The government said the amendment is aimed at curbing terrorism financing and money laundering to comply with the Financial Action Taskforce (FATF) recommendations.” The enactment of new laws such as the Cyber and Data Protection Act, the report said, is an affront to democracy. “There are, however, concerns that its passage would seriously threaten the right to freedom of association in the country. The Cyber and Data Protection Act of 2021 has further undermined the rights of Zimbabweans, including civil society groups and human rights defenders,” the report says. “In February and March 2022, the authorities slowed down the internet significantly, with disruptions, during rallies and demonstrations by opposition parties and their supporters. Section 73 of the Criminal Law (Codification and Reform) Amendment Act, 2006 (Criminal Law Code), which punishes consensual samesex conduct between men with up to one year in prison, a fine or both, contributes to stigma and discrimination against lesbian, gay, bisexual, and transgender (LGBT) people.” The human rights watchdog also accused the Zimbabwean authorities of impunity and selective application of the law despite the escalating situation. “Authorities often arbitrarily arrested, harassed, and prosecuted critics of the ruling party through lengthy detentions and trials. Notable critic and author, Tsitsi Dangarembga, and another protester, Julie Barnes, have faced a prolonged trial since their arrest in July 2020 during an anti-government protest on charges of public incitement to violence, breach of peace, and bigotry,” Human Rights Watch says. On 29 September, the Harare magistrates' court gave them a six-month suspended jail sentence and a fine for participating in a public gathering with the intent to incite violence and for breaking Covid-19 protocols. The Movement for Democratic Change (MDC) Alliance members, Cecilia Chimbiri, Netsai Marova, and a member of Parliament, Joana Mamombe, were in court 61 times between January and May 2022, facing charges of faking their own abduction. The authorities are prosecuting the three women for reporting that in May 2020 they were allegedly abducted from police custody by suspected state security agents, assaulted and sexually abused, then dumped in Bindura, 80 kilometres from Harare. They were accused of taking part in a protest against the government during the Covid-19 lockdown. “Failure to investigate these women’s reports of assault and sexual abuse violates the country’s obligation to ensure access to justice and effective remedies in cases of human rights violations under international and African regional human rights law. More than four years after the Motlanthe Commission of Inquiry’s into the 2018 post-election violence, no steps have been taken to implement its recommendations This includes ensuring justice for the six people killed and 35 injured by government security forces,” the report reads. Turning to rights to food, water, and sanitation, Human Rights Watch says while the government has introduced several action plans to address the growing food insecurity in the country, such as the National Nutrition Strategy and the National Policy on Drought Management, there has been no effective implementation of farming projects, allegedly due to corruption, poor policy implementation, and lack of coordination among the ruling and opposition political parties. Many parts of Zimbabwe continue to face a water crisis, with some places in Harare going without safe water for years, and residents turning to potentially contaminated wells and boreholes. Human Rights Watch research shows that neighbouring towns like Chitungwiza, Ruwa, Epworth, and Norton draw water from Harare’s water system, which is reportedly contaminated with algae and toxic substances linked to incidents of water-borne diseases in those locations. In 2022, according to media reports, water supplies varied from erratic to non-existent in some parts of Harare, following a reduction in water production at Morton Jaffray Water Treatment Waterworks. The country’s second-largest city, Bulawayo, has faced similar water shortages. In March, the city council introduced 20-hour day water rationing due to poor rainfall. Access to safe water has also remained a challenge in rural areas, with some places being more affected than others due to a lack of reliable water sources such as dams and boreholes. “The government has taken some positive steps to address the crisis, including setting aside US$5.3 million for a critical Harare water treatment project. There are, however, delays in disbursing the funds, exposing residents to further risks. The lingering water crisis has affected the rights of Zimbabweans under section 77 of the 2013 constitution, which provides for the right to safe, clean, and potable water,” the report reads. Commenting on forced evictions, Human Rights Watch notes that the government has continued to designate land for mining and commercial projects, without consulting the affected communities. Author Tsitsi Dangarembga has faced prolonged trial since their arrest in July 2020. Zim human rights crisis worsens NewsHawks Issue 115, 20 January 2023
News Page 19 RUVIMBO MUCHENJE THE battering and subsequent arrest of human rights lawyer Kudzai Kadzere sent shockwaves accross the legal fraternity, but the youthful lawyer is undeterred. Kadzere was viciously beaten up by police officers at Budiriro Police Station when he went there to represent 25 Citizens' Coalition for Change (CCC) activists who had been arrested for holding a meeting. Those arrested include legislators Amos Chibaya and Costa Machingauta. Kadzere was left nursing a fractured wrist and had to undergo surgery. In an interview, Kadzere says the initial resolve he had to represent his clients on the fateful day has only gotten stronger. "I have no fear of anything. In fact, it has boosted my resolve. I am confident of whatever I am doing. I am passionate about my work and I will continue to do my work as a human rights lawyer. I will not let this intimidate me. As you can see, I was there today (Thursday 19 January 2023) representing my clients and that is my mandate as a human rights lawyer," said Kadzere. With his arm supported by a sling, Kadzere is one of the five lawyers representing the group that includes a 17-year-old girl and 81-year-old Sekuru Netsambo. His wrist was operated on three days after the ordeal and he is recovering from home. He put up a spirited delivery during cross-examination of the police officer from Harare Law and Order department who was a witness in objecting to bail. Kadzere was beaten up when he had followed his clients to the police station. He was later charged with trying to escape lawful custody after he went back to the station to report the assault. Kadzere was supposed to appear in court on Thursday for initial appearance, but the police developed cold feet. "I was supposed to have appeared in court today, (Thursday 19 January 2023), but it appears that the police are not ready to take the matter to court and we have not been advised of any changes," Kadzere told The NewsHawks. Kadzere has been doing human rights work for the past 10 years and the recent attack has not dented his fighting spirit. Although his resolve has redoubled, the Law Society of Zimbabwe bemoaned the state's attack on the citizens' last line of defence. "This is a new low for Zimbabwe and we are deeply disappointed that of all people, the police who have a constitutional obligation to protect the rights of all citizens have taken a front row seat to violating the same. This is a sad indictment on the professionalism of our police force which is expected to operate in a fair and non-partisan manner," read a statement from LSZ after Kadzere’s assault. The Law Society added that a full investigation should be conducted and the culprits brought to book. "The Law Society of Zimbabwe demands an explanation and a full investigation, as well as prosecution of those behind Mr Kadzere's assault. Such kind of behaviour must not be allowed in our country and should be frowned upon. The right of lawyers to represent all who require legal representation should be sacrosanct and the police must be the first to defend it," the statement reads. Kudzai Kadzere (right) was viciously beaten up by police officers at Budiriro Police Station when he went there to represent 25 CCC activists (below) who had been arrested for holding a meeting. Brutalised lawyer remains fearless An 81-year-old CCC supporter Sekuru Netsambo (in front) was among 24 other supporters appearing at the Harare Magistrates' Courts on Tuesday for their bail hearing over attending a party meeting in Budiriro last Saturday. — Picture: Aaron Muchenje NewsHawks Issue 115, 20 January 2023
Page 20 News RUVIMBO MUCHENJE FROM a shining opposition political star, Engineer Elias Mudzuri — Harare’s former first resident — has seen his lustre fade into oblivion over the years. The ex-mayor's recent suspension from the Movement for Democratic Change led by Douglas Mwonzora, itself a shadow of its former glory, is a confirmation of how his political power has diminished. Mudzuri is accused of trying to usurp power from the elected leadership that were officially put into office through a disputed congress in December 2022. He however believes he is being punished for speaking out against undemocratic practices. In the letter of suspension, Mudzuri is accused with six others, and they are likely to face disciplinary action after hearings. "The Movement for Democratic Change has with effect today the 16th of January 2023, suspended the following members from the party pending investigations and disciplinary action:- Hon Senator Elias Mudzuri, former VP; Mr Norest Marara — Secretary for Party Business and Projects; Mr. Gift Konjana — chairperson Mashonaland West Province; Mr John Nyika — chairperson Masvingo Province; Mr Den Moyo — Chairperson USA Province; Mr Edwin Dzambara — Secretary for Education; Mr Edwin Kakora — National Executive Member. “These members are facing serious disciplinary charges and their suspensions are in terms of Clause 9.1.2.3 of the Party's Constitution. The hearings will be conducted in terms of the MDC Constitution and their rights as accused persons will be respected," read the letter. Mudzuri and his co-accused responded to the letter of suspension, saying it is null and void and in breach of the party constitution. They raised the issue of a flawed congress that excluded party grassroots. "First and foremost, it is imperative that we put the subject matter into context. As per 6.4.4.1 of the MDC Constitution, The President and National Chairman of the party together with the rest of the Standing Committee office bearers shall be elected at Congress. Since no congress has been held according to the tenets of the party constitution, the offices stipulated in 6.4.4.1 are deemed to remain vacant. Any individual seeking to usurp powers vested in 6.4.4.1 is acting ultra-vies the party constitution and any actions, announcements or representations from such individuals are null and void," read the letter. Mudzuri is on record as saying he did not want to participate in the sham congress that was held in December 2022 in Harare. "In the midst of current challenges facing MDC, members must introspect and craft a clear roadmap to take them to the full realisation of what they have been fighting for in the past 22 years. Our crisis is leadership’s failure to uphold the basic constitutional tenets of democracy," he tweeted ahead of congress. Contacted for comment, Mudzuri said the congress ruined the potential of the party to grow. Mudzuri insists that he is a member of the party, but he is not proud of what the party has become. "You cannot be in an organisation that has leaders that manipulate themsleves into power. I am a member of the party up to today, so I want to watch from the terraces," he said. He adds that the people will help him decide on the steps forward in rebuilding the party. "The way to correct this is through the membership of the party coming together and saying is this what is constitutionally done, and are we proud of what we have done? We are talking about it and we will see what happens, what have we done. When you mess up, you have to clean up yourself. If you say you have not messed up, we will see by the way people view you. If it's a smart thing people will join us, if it's not, they will just forget about us. "It is my grassroots that should speak out now. I have spoken out and our grassroots who see what we did, if they think it's right, then I am the one who is lost, if they think I am right, then they will join hands and fix this mess," he added. He still dreams of rebuilding the party. "The future of any political organisation is dependent on how it is being built and how it's being managed. It is not about individuals. I want a future in an organisation that builds its future. I do not have a problem with the fact that I do not have a position in the party. I have already stated that I cannot be in a position where we have failed to allow grassroots to participate," he said. He added that the party members should introspect on the process and see if they followed procedure. "I want the people in t h e organisation to applaud themselves if they did a good thing or not (with congress) and the future of the party. It is not for me to decry or to be seen as angry. I am supposed to say you guys what happened? I have been open with my colleagues that what we have done is unacceptable. To me it's not acceptable," he added. "I can assure you that I didn't see a process that would make me a leader," said Mudzuri. In his response, Mudzuri tried to potray a picture of a unitary party that was just dealing with internal ructions. "Journalists are also trying to potray a picture of fiction within the party, as if there are fights within the party, but that is not the case." Having been a long-standing bigwig in the opposition party, his recent ouster from the remnants of what once was a vibrant political movement has sounded a death knell on his political career. MDC leader Douglas Mwonzora has used the power of recall to deal with dissent within the party and also to disable the Citizens' Coalition for Change led by Nelson Chamisa before it changed name. Mudzuri fell out of favour with opposition fanatics after he sided with the less popular Mwonzara and abandoned the Chamisa camp. He was regarded as a sellout. Mwonzora and the MDC were humbled during the 26 March 2022 by-elections after being rejected by the masses countrywide. The party's cockpit was plunged into chaos, with Mudzuri and the then National chairperson, Morgen Komichi, contemplating challenging Mwonzora for the presidency along with Marara. Mudzuri once served as Morgan Tsvangirai’s vice-president. From warrior to another embattled has-been — Mudzuri’s rise and fall Elias Mudzuri NewsHawks Issue 115, 20 January 2023
International Investigative Stories Page 21 THREE more countries have announced reviews of honorary consuls after an investigation by the International Consortium of Investigative Journalists and ProPublica revealed widespread wrongdoing by members of the little-known system of volunteer diplomats. Jordan, Latvia and Israel have either terminated the status of honorary consuls operating in their countries or ordered reviews of those currently serving. Meanwhile, reporters at ICIJ media partner El Periódico obtained an exclusive police report with new details about a money laundering probe of honorary consuls in Spain. Last year, ICIJ and ProPublica, in collaboration with 60 media partners, published Shadow Diplomats, an investigation revealing that honorary consuls have repeatedly exploited diplomatic status to threaten international security and the rule of law. The investigation found at least 500 current and former honorary consuls who have been accused of crimes or embroiled in controversy — the majority while they held their posts. Under international treaty, honorary consuls receive legal protections and privileges that can include immunity from lawsuits and the ability to move consular bags across borders without inspection. Shortly before publication and after questions from reporters, Germany and Austria announced the dismissal of one honorary consul in Brazil. After publication, Finland, Brazil and Paraguay promptly announced reforms to their systems of appointing and vetting the volunteer diplomats. More recently, government ministers in Jordan approved the termination of its honorary consul in Honduras, a millionaire businessman Shucry Kafie, according to a Jordanian official. Kafie had served as honorary consul for Jordan in Honduras for more than three decades. In 2016, a judge cited Kafie’s diplomatic status as honorary consul in allowing the millionaire to avoid detention after an arrest for fraud, the Shadow Diplomats investigation found. Jordan’s council of ministers approved the termination of six honorary consuls, including Kafie, as part of a broader reassessment, according to the official. The Honduran foreign ministry told ICIJ’s media partner, Contra Corriente Honduras, that it has not received official notification of the decision. Kafie has denied wrongdoing and previously told ICIJ and ProPublica that the criminal charges, which were dismissed, were politically motivated. In Latvia, the foreign ministry announced an investigation after the project revealed the honorary consul representing Indonesia had once tried to claim diplomatic immunity when facing charges of assaulting his wife. The honorary consul, Valdis Tilgalis, received a fine, records show. “In light of the information received, the Ministry shall look into the matter in depth,” said a spokesperson for the Ministry of Foreign Affairs, adding that it became aware of the assault charges only after receiving questions from reporters. “The Ministry is currently vetting the matter in collaboration with law enforcement authorities.” Tilgalis told ICIJ and ProPublica the charges against him were untrue and that his attorney told him the case would soon be forgotten. Tilgalis told ICIJ that his lawyer had suggested that he mention his honorary consul status, which could give him immunity from administrative proceedings. “Unfortunately, when the case was already in process, the status of honorary consul did not help,” Tilgalis said. In Israel, the ministry of foreign affairs launched a review after reporters identified consuls facing corruption and other criminal probes. ICIJ media partner Shomrim obtained public records showing that Israel requires honorary consuls representing foreign countries inside Israel to be “free from any blemish of moral purity”. Honorary consuls appointed by Israel overseas, records show, may be dismissed if they are found to have “behaved in a manner that is not appropriate.” Despite the policy governing representatives of foreign countries, the Shadow Diplomats investigation found Israel has recognized and appointed one honorary consul to represent it who had previously been convicted of fraud and others who have faced charges of corruption, money laundering, diamond trafficking and rape. The foreign ministry announced it would examine the status of two current honorary consuls, one who was a key witness in a vast corruption case in Africa and another who recently used his honorary consul status to prevent police in Italy from searching his home as part of an illegal political financing probe. In Spain, reporters at ICIJ media partner El Periódico obtained an exclusive police report with new details about an ongoing investigation into honorary consuls suspected of laundering money. El Periódico shared the report with ICIJ and ProPublica. As part of the Shadow Diplomats investigation, ICIJ and ProPublica reported in December on the probe into the honorary consuls, who police in Barcelona believe helped move money for Simón Montero Jodorovich, a member of a prominent Barcelona family suspected of trafficking drugs. “We can conclude that Mr. Simón Montero Jodorovich, directly or indirectly, paid an amount of more than 20,200 euros in cash to obtain favors from honorary consuls,” police wrote in the latest report. “Payments would be in consideration for managing contacts with representatives of public administrations, since their position as honorary consuls allowed them direct access to high civil or political positions.” The consuls — who have represented countries in Africa and Europe — deny wrongdoing and have not been charged. An attorney for Jodorovich previously told ICIJ and ProPublica that his client is innocent and “has never manipulated any consul. — International Consortium of Investigative Journalists International InvestigativeStories Jordan, Latvia and Israel shake up diplomatic corps after shadow diplomats investigation NewsHawks Issue 115, 20 January 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: Nyasha Chingono, Enoch Muchinjo, Moses Matenga, Jonathan Mbiriyamveka Email: [email protected] Marketing Officer: Charmaine Phiri Cell: +263 735666122 [email protected] [email protected] Subscriptions & Distribution: +263 735666122 Reaffirming the fundamental importance of freedom of expression and media 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 Page 22 Zim's problem not resources Dumisani Muleya Hawk Eye Editorial & Opinion I'm on my annual leave, but I'm forced to officiate at State House. Let's just postpone elections to 2030. THE non-stop political drama gripping Zimbabwe continued unabated this week, with the Zimbabwe Electoral Commission’s astonishing incompetence pushing the country to the brink of a constitutional poser. Elections are sacrosanct. Anyone or anything that compromises electoral integrity is a threat to constitutional order. Tampering with elections, for whatever reason, timelines is unacceptable. Zec's preliminary delimitation report was so shambolic that virtually every citizen concurs that it is not only fatally flawed but also an affront to the national interest. The botched report appears to be the outcome of three central issues: the Zanu PF government’s attempt to maximise on the advantages accruing from what the political scientist Blessing-Miles Tendi calls the preponderance of incumbency; Zec's glaring technical incompetence; and frenetic power play accentuated by the interplay between political factionalism and the deep state. As we report in these pages today, political scientist Philan Zamchiya and independent think-tanks have warned against the holding of this year’s general elections under the new constituency boundaries created by Zec in its latest delimitation exercise. The experts describe the controversial delimitation report as a constitutional nullity due to the inexcusable errors. Speaking during Thursday night's policy dialogue discussion jointly convened by Sapes Trust and the Research and Advocacy Unit, Zamchiya predicted that even though Zec has promised to correct the errors, it was unlikely to do so holistically due to political pressures from the government and the ruling Zanu PF. “Delimitation is not just a rational process, it is a hot political affair in an authoritarian hybrid regime like Zimbabwe. The regime will always want to tilt the boundaries in their favour. There is supposed to be an independent commission, but its work is affected by the government-party conflation,” he noted. Thankfully, Zamchiya makes a refreshing intervention. Scrutinising Zec's botched report through a scientific lens unadulterated by cheap politicking, he correctly observes that in its current form, the delimitation exercise favours Zanu PF, which will win a two-thirds majority if the elections are held using the new boundaries. He says 60 constituencies that were strongholds of the opposition in 2018 have been diluted to favour Zanu PF. “Zec preferred to use the 40% variance formula instead of the legal 20% in order to favour the ruling party because it will ensure that the opposition would win big in few constituencies where there are overstated voters while Zanu PF will win majority seats on slim margins in mostly rural areas with understated voters.” “However, on the presidential election race, the formula will favour the opposition candidate because Zimbabwe will be like a single big constituency,” he said. Zamchiya proceeded to enunciate what he called “elite dis-cohesion” in Zanu PF as supporters of President Emmerson Mnangagwa are fighting the delimitation report while those of Vice-President Constantino Chiwenga are in support of the exercise. Zanu PF’s internal ructions are indeed a useful barometer of how the delimitation saga is likely to eventually play out. Which leads us to the next big question: What will happen to the delimitation process, going forward, and how will it affect the holding of a general election this year? Zamchiya envisages four scenarios. "The first one is a stalemate in which Zec will fail to finish the exercise six months before the elections and present an option to revert to 2008 boundaries, which however will be illegal.” “The second one is of a breakthrough where Zec will correct all the anomalies which will favour the opposition, but this one is unlikely due to authoritarian rule that exists in the country.” “The third one is a drag-through where elections will be postponed to allow Zec more time to come up with an acceptable delimitation arrangement. However, it is unlikely because hybrid regimes have a penchant to stick to exact timelines on elections in order to satisfy the legitimacy requirement.” “The fourth one is a muddling-through or seesaw kind of arrangement where Zec will correct some errors in order to pacify some critics and appear like a better devil. This one is the most likely one.” Contributing to the same public discussion, former cabinet minister Jonathan Moyo said instead of civil society and opposition parties complaining a lot on social media, they were supposed to make written submissions to Zec on the corrections they wanted made on the delimitation draft since what was presented was not a final report. Interestingly, the former Information minister said that unlike other people who are saying Zec's errors were the outcome of deliberate political machinations, he believed the blunders were the result of pure incompetence and lack of technical skills within Zec. This heated debate is far from over, but here is the bottom line: Zimbabwe's legitimacy in the eyes of the world depends on a free, fair and credible election which must be held this year without fail. Only clean polls can cleanse Zim NewsHawks Issue 115, 20 January 2023
New Perspectives Page 23 “THE IMF mission team to Zimbabwe did not fully appreciate the bank’s noble objective of introducing gold coins into the domestic economy. They view the issuance of gold coins as tantamount to intervening in the foreign exchange market, thus depleting foreign exchange reserves. The bank, however, views the gold coins as an alternative product or asset to foreign currency in the economy’s dual currency system,” says the Reserve Bank (RBZ) of Zimbabwe governor John Mangudya. Calls to make gold in Zimbabwe through gold coins an investment asset class have been supported given the first move taken by BARD Santner. BARD Santner Investors, an asset management firm, made the first move in promoting the RBZ initiative by launching a unit trust, the Bard Santner Gold Coin Unit Trust. The instrument is designed to ensure financial inclusion and contribute to the resuscitation of a savings culture in Zimbabwe. The underlying asset of the unit trust is the Mosi-oa-Tunya Gold Coin issued by the RBZ. The gold coin, due to its price, has generally not been accessible to the majority of Zimbabweans, especially those with lower amounts to save. In this initiative, Bard is the fund manager responsible for investing unit holder funds, while CABS is the trustee. The trustee keeps the fund assets in custody on behalf of unitholders. The minimum investment is set at US$120. Alternatively, investors can invest in monthly instalments of US$15 or equivalent in Zimbabwean dollars at the bank rate, making gold accessible to all as an investment asset class. This is a great initiative by Bard Santner. To all investors, gold is a clear complement to stocks, bonds and alternative assets for well-balanced investor portfolios. As a store of wealth and a multi-faceted hedge, gold traditionally has outperformed many major asset classes while providing robust performance in both rising and falling markets. Gold can enhance a portfolio through generating long-term returns, acting as an effective diversifier and mitigate losses in times of market stress, providing liquidity with no credit risk and improve overall portfolio performance. In this new “normal economic environment” characterised by supply shocks, investors face an expanding list of challenges around asset management and portfolio construction. Gold is not only a useful long-term strategic component for portfolios, but one that is increasingly relevant in the current environment. Gold prices, though highly fluctuating, have been generally trending upwards. Research shows that adding between 2% and 10% in gold to a hypothetical average investment portfolio over the past decade would have resulted in higher risk-adjusted returns. As such, the Bard Santner initiative and the push by the RBZ to make gold coins an investment asset class accessible to all are very noble. Gold prices US$/ounce Gold is long considered a beneficial asset during periods of uncertainty. Historically, it generated long-term positive returns in both good times and bad. Looking back almost half a century, the price of gold has increased by an average of 10% per year since 1971 when the gold standard collapsed. Over this period, gold’s long-term return was comparable to stocks and higher than bonds. This duality reflects the diverse sources of demand for gold and differentiates it from other investment assets. Gold is used to protect and enhance wealth over the long term and it operates as a means of exchange, because it has global recognition and is no one’s liability. Gold is also in demand as a luxury good, valued by consumers across the world. These diverse sources of demand give gold a particular resilience: the potential to deliver solid returns in good times and in bad. As such, every pension fund should desire to have a gold component in its fund portfolio. In Zimbabwe, investors did not have the opportunity to directly hold gold as investment but would invest through buying stocks of gold-mining companies. The opportunity has been presented through gold coins. As such, gold coins are expected to deliver positive returns over the long run, outperforming key asset classes. For every investor, particularly pension funds, the goal is to beat inflation, guarantee returns, liquidity and secure. Gold coins guarantee this for long-term investors. Gold is long considered a hedge against inflation and the data confirms this. The average annual return of 10% over the past 50 years has outpaced the US consumer price index (CPI). Why use US inflation as a yardstick? Gold coins in Zimbabwe, according to the RBZ, are priced based on the prevailing international price of gold plus 5% to cover the cost of production and distribution of the coin on a Payment versus Delivery basis. As such, local inflation dynamics are captured in the exchange rate. Gold also protects investors against extreme inflation. In years when US inflation, for instance, was higher than 3%, the gold price increased 15% on average. Over the long term, therefore, gold has not just preserved capital but helped it grow. In other words, investing in gold coins through the Bard Santner initiative will not only preserve your investment but help it grow. Moreover, research by Oxford Economics shows that gold should do well in periods of deflation too. Such periods are characterised by low interest rates, reduced consumption and investment, and financial stress, all of which tend to foster demand for gold. Every investor and fund manager acknowledges the benefits of diversification but effective diversifiers are hard to find. Many assets are increasingly correlated as market uncertainty rises and volatility is more pronounced, driven in part by risk-on/risk-off investment decisions. As a result, many so-called diversifiers fail to protect portfolios when investors need them most. Gold is different, in that its negative correlation to stocks and other risk assets increases as these assets sell off. The 2008-2009 financial crisis is a case in point. Stocks and other risk assets tumbled in value, as did hedge funds, real estate and most commodities, which were long deemed portfolio diversifiers. For example, the S&P 500 fell by 50% from December 2007 to February 2009. Gold, by contrast, held its own, rising 14% over the same period. This robust performance is perhaps not surprising. Gold has consistently benefited from “flight-to-quality” inflows during periods of heightened risk. It is particularly effective during times of systemic risk, delivering positive returns and reducing overall portfolio losses. Importantly too, gold allows investors to meet liabilities when less liquid assets in their portfolio are difficult to sell, undervalued and possibly mispriced. But gold’s correlation does not just work for investors during periods of turmoil. It can also deliver positive correlation with stocks and other risk assets in positive markets. This dual benefit arises from gold’s dual nature: as an investment and a luxury good. As such, the long-term price of gold is supported by income growth. Research shows that when stocks rally strongly, their correlation to gold can increase, likely driven by a wealth-effect supporting gold consumer demand as well as demand from investors seeking protection against higher inflation expectations. The picture for Zimbabwe will be clear in the future when more data emerges as a result of increased usage of gold coins as an investment asset. Generally, perceptions of gold have changed substantially over the past two decades, reflecting increased wealth and a growing appreciation of gold’s role within investment portfolios worldwide. Gold’s unique attributes as a scarce, highly liquid and un-correlated asset prove that it can act as a genuine diversifier over the long term. Gold’s traditional role as a safe-haven asset means it comes into its own during times of high risk. But gold’s dual appeal as an investment and a consumer good means it can generate positive returns in good times too. This dynamic is likely to persist, reflecting the current environment of high political and economic uncertainty, historically low real interest rates and concerns surrounding stock and bond markets. The move by Bard Santner, through the Bard Santner Gold Coin Unit Trust, therefore will allow the general public to tap into this lucrative investment asset class. A unit trust is a collective investment and in Zimbabwe is registered under the Collective Investment Scheme Act, which is administered by Securities and Exchange Commission. Bard Santner Investors (Private) Limited is an asset manager licensed and regulated by the Securities and Exchange Commission of Zimbabwe. *About the writer: Tinashe Kaduwo is a researcher and economist. Contact: kaduwot@gmail. WhatsApp +263773376128 Gold coin as an investment asset, Bard Santner leads the initiative Econometrics HawksView Tinashe Kaduwo Illustration of the Bard Santner Gold Coin Unit Trust Gold has delivered positive returns over the long run, outperforming key asset classes Source: Bloomberg Gold Prices US$/ounce NewsHawks Issue 115, 20 January 2023
Page 26 NewsHawks Issue 76, 15 April 2022 Business MATTERS NewsHawks CURRENCIES LAST CHANGE %CHANGE USD/JPY 109.29 +0.38 +0.35 GBP/USD 1.38 -0.014 -0.997 USD/CAD 1.229 +0.001 +0.07 USD/CHF 0.913 +0.005 +0.53 AUD/USD 0.771 -0.006 -0.76 COMMODITIES LAST CHANGE %CHANGE *OIL 63.47 -1.54 -2.37 *GOLD 1,769.5 +1.2 +0.068 *SILVER 25.94 -0.145 -0.56 *PLATINUM 1,201.6 +4 +0.33 MARKETS *COPPER 4.458 -0.029 -0.65 BERNARD MPOFU THE brokerage unit of insurance and investment giant Old Mutual sees the value of stocks listed on the Zimbabwe Stock Exchange (ZSE) firming as some counters migrate to the Victoria Falls Stock Exchange (VFEX) in pursuit of capital preservation, a new report has shown. While inflation has been slowing down over the past few months, Zimbabwe still has the highest price levels in the region and across the world, making the economy one of the least attractive for investors. According to an Old Mutual Securities research note titled Portfolio Digest for the Quarter Ending December 2022, the positive ZSE performance in Q4 2022 saw a reversal of the bearish conditions that were prevalent for the better part of 2022. Experts say the trend reversal was on the back of improved ZW$ liquidity as Treasury continued to release payments to suppliers coupled with price rallies for companies that are migrating to the VFEX. “Going forward into 2023 we expect an asset re-pricing of the equities market as we believe that most quality stocks are trading at significant discounts to their fundamental factors,” the report says. “Fundamentals of some of the underlying companies on the market are generally solid characterised by double digit volumes growth, strong financial performance, and good dividend pay-outs (some paying hybrid dividends – USD and ZWL). Companies that have strong financial position and foreign currency generation are expected to perform admirably in the outlook.” Official figures show that the ZSE All-Share Index firmed significantly during the fourth quarter of the year, gaining 31.97% following a 25.37% decline in the third quarter. The ZSE Top 10 Index was in positive territory, gaining 34.69%, underpinned by gains in Innscor and Axia. Innscor’s share price rose by over 106% after the disclosure of its intended migration from the ZSE to the VFEX. The All-Share Index and the Top 10 Index gained 80.13% and 80.74% for the full year 2022 respectively. Notwithstanding the highly inflationary environment during the period, listed equity sector returns for the year significantly underperformed inflation that closed the year at 243.7%. Zimbabwe’s economy is projected to grow by 3.7% in 2023 from an estimated growth of 4.0% in 2022. Authorities say the growth of 3.7% is expected to be underpinned by positive performances in the agricultural and mining sectors whilst persistent power cuts may be a limiting factor to economic growth. Listed stocks to firm: Old Mutual
Companies & Markets Page 25 PRISCA TSHUMA CHINESE companies have dominated Zimbabwean lithium mining, injecting US$4.5 billion worth of investments in the acquisition of mines. China is the world’s biggest electric vehicles market. Over the years, its companies have increased their investments in Africa to diversify the supply of lithium, one of the most sought-after minerals used in the manufacture of electric vehicle batteries. Over six Chinese-owned companies have made multi-million dollar acquisitions in Zimbabwe lithium mines, taking up 37% of the US$12 billion target gain set by the Harare government for the mining industry by the end of this year. Speaking to The NewsHawks, economic analyst Prosper Chitambara said the investments are good for the economy, but more value addition is needed for developmental impacts. “So, I think that is something we need to prioritise or government needs to prioritise, especially in terms of our natural resources. We want to see refining plants, we want to see processing plants actually being established within the country so as to maximise the potential of those investments,” he said. In December last year, the government banned the export of raw lithium but recently permitted the Zimbabwe Defence Industries to export raw lithium to China. In 2021, Chengxin Lithium Group opened up the flood of acquisitions with the acquisition of a 51% interest in Max Mind Investments’s Sabi Star lithium mine in eastern Zimbabwe at a cost of US$77 million. China's Zhejiang Huayou Cobalt revealed that it would pay a total US$422 million to acquire the Arcadia hard-rock lithium mine in Zimbabwe in December 2021. State-run China Nonferrous Metal Mining Group announced in February last year that it was acquiring a lithium project in Zimbabwe. The figure was undisclosed. Also in February, the Sinomine Resource Group announced it had shelled out US$180 millon to acquire 100% of African Metals Management Services and Southern African Metals and Minerals, which jointly own 74% of Bikita Minerals. Suzhou TA&A Ultra Clean Technology Co in July last year agreed to invest US$35 million in the construction of a pilot plant at the Zulu Mine, which will help the facility produce up to 50 000 tonnes of lithium-containing rocks annually. In September last year, Chinese investors signed a deal to build a US$2.8 billion battery metals industrial park to ensure value addition for minerals extracted locally. This deal on completion will have turnover exceeding US$13 billion annually. In November, the government signed an agreement with China-based private company Tsingshan, to set up lithium mining and processing operations in the country. Tsingshan is one of the world’s top nickel producers. The company is building a US$1 billion stainless steel plant in Zimbabwe. Chitambara said the government should ensure that foreign investors abide by the country’s labour laws to avoid exploitative labour practices. “So we need to obviously strengthen our labour inspectorate to ensure that all foreign investors actually stick to the law,” he added. Zimbabwe possesses Africa’s largest lithium reserves and the fifth largest globally but the resource has remained largely untapped due to a lack of investment. Lithium has become a vital raw material required in the transition to a green economy. Chinese cash in on Zim lithium NewsHawks Issue 115, 20 January 2023
Page 26 Companies & Markets BERNARD MPOFU NEARLY 20% of local companies reported job layoffs during the first nine months of 2022 despite reporting growth in profit following the easing of Covid-19 restrictions, a new report by the Confederation of Zimbabwe Industries (CZI) has revealed. The outbreak of the pandemic in 2019 led to most economies revising their economic growth targets as many governments battled to contain the spread of the virus and overwhelmed health delivery systems. According to the CZI, the country’s organised manufacturing sector lobby group, most companies reported growth in profit post Covid-19. “Although job creation is positive, unfortunately there were also some firms that retrenched workers. This also includes those that created new jobs; about 8% of the firms that created jobs also retrenched, and these are mainly in the wholesale sector, which could reflect casual workers on short contracts,” the CZI's third-quarter report shows. “On the overall, about 17% of the firms indicated that they had retrenched employees during the period under review. The agriculture sector is also among those sectors with a ratio of firms indicating that they had retrenched exceeding the national average. In terms of the actual level, on average, firms that retrenched parted company with about 16% of their total employees over the nine months to September 2022. “The distribution of the retrenchment patterns with respect to age shows that among those that retrenched, firms that are still relatively new (10 years and below) had a higher ratio of workers leaving compared to those fairly older in business.” The report also shows that almost 41% of the businesses indicated that profitability of their businesses had improved during the first nine months of 2022. “Given that corporate tax in general performed below target, this means that these 41% might have registered only very minimal increases. However, about 28% of the businesses indicated that their profitability had dropped, with close to a third of the businesses believing there were not many changes in profitability,” the CZI says. No post-Covid reprieve as companies retrench more Truworths incurs ZW$37m loss in 2022 PRISCA TSHUMA CLOTHING retailer Truworths has incurred a ZW$37 136 777 loss in the financial year ended 10 July 2022, and has attributed this performance to the challenging operating environment in Zimbabwe. In a statement accompanying the company's financials, chairperson Mordecai Mahlangu said the operating environment, characterised by high inflation, weakened sales. “High unemployment levels and low disposable incomes due to inflation had a negative impact on volumes sold, with customers resorting to buying product in the unregulated informal market at prices which the business could not compete against,” he said. The company's cash sales declined from 68% recorded last year to 66% in 2022, while credit sales went up to 34% in 2022 from 32% in the prior year. “Sales and profitability were adversely affected by the restrictive pricing laws which rendered products expensive in US Dollar terms and relatively cheap in Zimbabwe Dollar terms,” Mahlangu added. He said the loss was exacerbated further by the widening gap between the official exchange rate and the market exchange rate. Meanwhile, trading volumes grew by 9.5% in 2022, the credit management book grew by 207.1% with 90% of the customers in good standing, and able to purchase compared to 84.8% in the prior year. However, bad debt expenses for the year grew due to an increase in the allowance for credit losses. The allowance for credit losses as a percentage of gross debtors stood at 13.2% compared to 6.7% in the prior year. Truworths suspended Zimbabwe dollar credit sales in July 2022 due to high interest rates and tight Zimdollar liquidity. The company said US dollar credit would be considered on a selective basis where there is assurance that the US dollar earnings are guaranteed. The company also forecasts that this move would result in the reduction of its volumes. “With the suspension of ZWL credit and limited USD credit, volumes will inevitably come down and there will have to be focus on productive cost rationalisation and working capital management,” said Mahlangu. The country’s agriculture sector is among sectors with a ratio of firms indicating they had retrenched exceeding the national average. NewsHawks Issue 115, 20 January 2023
Companies & Markets Page 27 BARD Santner Investors, one of the the fast-growing asset management firms, this week pushed to capture the market with a unit trust product, the Bard Santner Gold Coin Unit Trust, offering investors an inflation-proof asset denominated in hard currency. Speaking at the launch in Harare on Monday, Bard executive director Alfred Mthimkhulu said the new product will enable low-income earners affordability and access to the the gold coins to save money for different purposes. The instrument is designed to ensure financial inclusion and contribute to resuscitating a disappearing savings culture in Zimbabwe. The underlying asset of the unit trust is the Mosi-oa-Tunya Gold Coin issued by the Reserve Bank of Zimbabwe (RBZ). In this initiative, Bard is the fund manager responsible for investing unitholder funds, while CABS is the trustee. The trustee keeps the fund assets in custody on behalf of unitholders. The minimum investment is US$120. Alternatively, investors can invest in monthly instalments of US$15 or equivalent in Zimbabwean dollars, at the bank rate. Currently Zimbabwe has a severe shortage of investment funds, which has constrained growth. There is need to address this problem by ensuring a certain level of short-term, medium-term and long-term savings to meet the investment needs of the economy. Long-term savings are more suitable for investments, hence the government and private sector, including Bard Investors, should try to drive savings through various initiatives. The Reserve Bank of Zimbabwe (RBZ) Monetary Policy Committee resolved on 24 June 2022 to introduce gold coins into the market as a store of value. The coin, made available to the public on 25 July 2022, has certain salient features and characteristics. It is liquid and tradable. The coin will have liquid asset status; it can easily be converted to cash, and will be tradable locally and internationally. The coin may also be used for transactional purposes. From 15 November 2022, the RBZ started providing gold coins in smaller units of a tenth of an ounce, quarter ounce and half ounce. More than 11 000 coins worth ZW$11.5 billion have been sold. Bard seeks to enhance accessibility and investment in gold coins by making them affordable. Gold is a defensive asset, which makes it a good asset to hold so as to withstand market and exchange rate volatility so prevalent in the world in these times; The Unit Trust is registered under Collective Investment Scheme Act, which is administered by Securities and Exchange Commission. — STAFF WRITER. Bard Santner pushes to capture market Bard Investors executive director Alfred Mthimkhulu NewsHawks Issue 115, 20 January 2023
Page 28 Companies & Markets IF you have not heard about ChatGPT, then you must be living under a rock. The game-changing artificial intelligence (AI) technology has the potential to be a disruptor of industries, including the public relations (PR) profession. It is not a surprise that tech giant Microsoft is in talks to invest US$10 billion in OpenAI, the owner of ChatGPT. The question we ask is whether AI tools such as ChatGPT are an asset or a threat to the PR profession. We accept it is transforming the way PR professionals create, distribute and measure public relations content, streamlining processes and opening up new opportunities. It is not as if we have not used AI tools before. The technology has been growing in influence and impact in the areas of media monitoring, analysing and reporting. What is artificial intelligence? IBM says that it is a technology that leverages computers and machines to mimic the problem-solving and decision-making capabilities of the human mind. Specific applications of AI include expert systems, natural language processing (NLP), speech recognition and machine vision. By zeroing in on the application of AI by PR professionals, it gives them the ability to gain unprecedented insights into stakeholder sentiment and behaviour. Significantly, AI enables them to automate mundane tasks that used to take up valuable time and resources like research, outreach, and content creation. For example, AI can scan hundreds of articles or conversations on social media channels within minutes and provide insightful data that helps professionals assess how the public perceives their organisation or products. With the emergence of AI-powered PR solutions, organisations have been able to create smarter and more effective ways of reaching their audiences with an enhanced ability to identify and understand public sentiment about their brand or message. According to experts, PR professionals can now analyse millions of data points about audiences’ preferences, enabling them to personalise messages for specific target audiences and engage with them on an individual level. Artificial intelligence: How the technology is transforming PR A consultant with a major communications firm says AI will equip organisations with greater precision when crafting messaging strategies and faster results when measuring performance — ultimately giving practitioners more opportunities for success. This includes having the ability to automate collecting information from news sources and social media, freeing up time for other activities. Automation of these types of tasks enables public relations professionals to focus on more strategic work, such as identifying key trends or positioning the company in favourable light. It also allows them to respond to customer inquiries more quickly. Target messaging has always presented challenges to professionals, given the overwhelming demographics one has to consider. AI allows PR practitioners to identify trends that can guide messaging strategies. By quickly recognising emerging trends before they become widely known, they can craft their message in such a way that it reaches the right audience at just the right time. This gives them an edge in capturing attention and increasing visibility among potential customers. AI makes it possible to create targeted messages that address individual customer needs at scale; instead of broadcasting a single message across all platforms, m a r k e t e r s can craft tailored messages based on p r e f e r e n c e s identified by AI. This hyper-personalisation increases engagement levels significantly. One of the most exciting areas where AI has impacted public relations is predictive analytics. Predictive analytics use past data to determine future trends that can help organisations better target their messages to different demographics or audiences. AI systems are also used to analyse conversations from various sources, such as social media, websites, forums and even comment sections, in order to provide insights into what people are saying about the company or product being promoted. This allows companies to respond quickly and appropriately in a timely manner while engaging their audiences in real-time conversations. AI technology is also transforming the way companies measure their PR campaigns. Using advanced data analysis techniques, businesses can now identify what types of messages or campaigns were most successful and how they drove positive changes in consumer behaviour. This helps companies better optimise their PR efforts by understanding what messages are resonating with their audiences. AI is generating reports based on previous PR activities for future planning. In measuring the effectiveness of PR campaigns, the technology can detect insights such as user sentiment and interest levCorporate Communications Lenox Lizwi Mhlanga els on different topics, which helps track progress over time and determine whether certain campaigns need tweaking or re-tooling. This ensures that organisations are always reaching their desired goals and maximising return on investment. We can enhance PR automation platforms which enable users to reach out to relevant contacts based on their interests or preferences with AI technology. By taking advantage of automated tools such as these, PR professionals can increase the efficiency of their workflows. The combination of automated tools and data-driven insights helps PR teams stay one step ahead in consumer sentiment and industry trends — helping them build relationships with customers in new and innovative ways. Overall, artificial intelligence has had a growing impact on the public relations profession, allowing PR professionals to save time on mundane tasks and focus on higher-value activities. Artificial intelligence is revolutionising the world of public relations and providing organisations with unprecedented opportunities for leveraging data for creating personalised campaigns that resonate with targeted audiences. The technology also does this by providing automation for repetitive tasks, better insights through advanced analytics, increased precision in campaign planning, and heightened customer engagement rates. In order for public relations practitioners to remain competitive and achieve long-term success in today’s landscape, it is essential that they become familiar with these powerful tools. As more technologies continue to emerge and become integrated into PR practice, it is wise that professionals ride the AI revolution and not resist it. *About the writer: Lenox Mhlanga is a consultant communications specialist and thought leader with over 22 years of experience in the field. He has worked with The World Bank and blue chip companies, as well as civic institutions in Zimbabwe and the region. Contact him for counsel and training in public relations and corporate communications strategy on mobile: +263 772 400 656 and email: lenoxmh[email protected] NewsHawks Issue 115, 20 January 2023
Page 29 PALESA MUWANI THE arrest of Citizens' Coalition for Change parliamentarians Costa Machingauta and Amos Chibaya alongside other party members, including the elderly and juveniles, for holding a meeting in Budiriro, is a tale tell sign that lawfare will be a key instrument in this year’s general elections. Coming hot on the heels of the savage beating of elderly members of the opposition party in Murehwa, which also showed that violence will remain a feature of Zimbabwean polls, the latest action shows Zanu PF is far from repenting. The savage beatings were captured in a video that went viral on social media, attracting widespread condemnation globally. In the video, Zanu PF youth militia, are seen questioning the elderly villagers why they were gathered to support CCC despite their old age before severely flogging them. The violence has been on the increase since the beginning of campaigns for the parliamentary and local council by-elections which were held last year. In the run-up to the by-elections the violence claimed the life of 35-year-old Mboneni Ncube who was killed by a spear at a CCC campaign rally in Kwekwe. CCC leader Nelson Chamisa bore the brunt of the escalating violence during his whirlwind countrywide tour last year to drum up support for his party which was formed early last year. Chamisa and his entourage encountered numerous roadblocks and were also physically attacked on several occasions. Senior Zanu PF and government officials have added fuel to the fire with inflammatory remarks at campaign rallies. At one Zanu PF rally prior to last year's by-elections, Vice-President Constatino Chiwenga said they would crush the CCC opposition party like lice. The remarks sparked national outrage and, although Chiwenga has since called for peace, he has not bothered to retract the inflammatory remarks. President Emmerson Mnangagwa's government has also used lawfare in a vicious clampdown on opposition parties and civil society. Lawfare is the misuse of legal systems and principles against an opponents for the purpose of damaging or deligitimising them. Police last week fired teargas at a CCC gathering in Budiriro, Harare, last week and arrested 26 party members, including Machingauta and Chibaya. They were arrested for holding a meeting which was not sanctioned by the police although the party said it was a private internal meeting which did not need police clearance. Lawfare was used by Mnangagwa to decimate Chamisa and his MDC Alliance party in 2020. A High Court ruling that year Vicious crackdown on opposition part of Zanu PF election playbook Citizens' Coalition for Change parliamentarians Costa Machingauta and Amos Chibaya alongside other party members were arrested for holding a meeting in Budiriro. recognised Thokozani Khupe as the legitimate successor of the late founding MDC leader Morgan Tsvangirai and interim leader of the party. This was after the ruling the previous year determined that MDC Alliance leader Nelson Chamisa’s rise to the party’s presidency was irregular. Khupe lost the leadership to Mwonzora during an extraordinary congress held in Harare. The rulings resulted in more than 40 members of Parliament and 80 local councillors of the MDC Alliance being kicked out at the behest of Douglas Mwonzora, who also took over the party's headquarters in Harare. This led Chamisa to break away and form CCC. In another brazen use of lawfare, Chiwenga, who is also Health minister, in late 2020 banned the holding of by-elections to fill vacancies in Parliament and local authorities for as long as Covid-19 remains a formidable epidemic. Chiwenga promulgated a statutory instrument amending the Public Health (Covid-19 Prevention, Containment and Treatment) Regulations to enforce the ban. This was after the Zimbabwe Electoral Commission had announced that by-elections would be held in December that year. “These regulations may be cited as the Public Health (Covid-19 Prevention, Containment and Treatment (Amendment) Regulations pursuant to sub-section (2), the holding of any by-election to fill a casual vacancy in Parliament or in local authority is for the duration of the period of the declaration of Covid-19 as a formidable epidemic disease, suspended, and if such vacancy occurred while such declaration is in force, no part of the period from the date of such vacancy to the date of the end of declaration she be counted for the purpose of section (158 (3) of the Constitution,” Statutory Instrument 225A of 2020 reads. As part of measures to further stifle the opposition, the government introduced sections of the Patriotic Bill into the amended Criminal Law Codification and Reform Amendment Bill. The proposed law will criminalise and impose stiff penalties on private correspondence by “self-serving citizens” with foreign governments or any officer or agent. The Bill “prohibits any Zimbabwean citizen from wilfully communicating messages intended to harm the image and reputation of the country on international platforms or engaging with foreign countries with the intention of communicating messages intended to harm the country’s positive image and/or to under its integrity and reputation”. THE Private Voluntary Organisations (PVOs) Amendment Bill, which has been roundly condemned by opposition parties and civic groups as meant to stifle operations of non-governmental organisations (NGOs), has sailed through the National Assembly and is seen as another case of lawfare being used to stifle dissent. Lawfare by government has targeted civil society and opposition parties as well as health workers. As part of the amendments to the Health Act ,which was recently signed by Mnangagwa, health workers can only strike for three days and prolonged strikes will be punished with a jail term of six months. Political analyst Eldred Masunungure believes that repression through violence and lawfare has become part of the Zanu PF government's DNA. “I do not think it’s necessarily elections. It is how the system works,” Masunungure said. “It is now on impulse to close down the democratic space whether under (former president Robert) Mugabe or under the so-called Second Republic.” He said violence and lawfare will escalate in the run-up to the announcement of elections but will de-escalate towards the elections as the government tries to give the impression to election observers that the running of elections will be free and fair. NewsHawks News Analysis Issue 115, 20 January 2023
ensure that there are robust psychosocial support initiatives. The psychosocial support gap in Zimbabwe is manifesting itself in drug abuse, organised crimes, lawlessness, cold blood murder cases, rape, domestic violence, divorces, burglary, moral decay and mental instability amongst others. To show the role and importance of psychosocial support, various traditions, institutions and religions have varied psychosocial support initiatives. In African Traditional Church (ATR) the aunties, uncles, and grandparents played a pivotal role in the provision of the psychosocial support on children as they underwent the rites of passage. The study cited ATR because JMAC’s theology is somewhat syncretic, it borrows from both the tradition and the sacred text. While the church borrowed from ATR, the role of aunts, uncles and grandparents who are members of JMAC in providing the psychosocial support is not clearly defined. These psychosocial support initiatives are very critical in a bridge model where life skills given to children help them to respond to various challenges affecting them. The psychosocial support is important in the socialisation of children. The bridge model demands that the victims be provided with life skills which enable them to come out of their situation, thus, the approach is transformative. The bridge model is important in psychosocial support services which are critical because children experience multi-dimensional challenges, vulnerabilities and human rights violations. Skinner and David (2006:4) identify multiple vulnerabilities to which children could be exposed, including HIV and Aids, illnesses, disability, limited access to services, physical and emotional abuse, and neglect and substance abuse within communities. Action for the rights of children points out that the experience of difficult or disturbing events could significantly influence the social and emotional wellbeing of a child (ARC: 2009:1). The other aspect that triggers the need for psychosocial support services in JMAC is the scientific evidence of the negative effects of coping strategies by minors. In Africa, the majority of marriages are characterised by high rates of violence, sexual abuse, gender-based violence, loss of children and failure to manage bereavement by minors in marriage, and forced or arranged marriages. The other problem is that of child widows and orphans. In child marriages, minors are married to persons post life expectancy, for example 65-year-olds, who after marriage live for a very short period before they die. These minors end up being exposed to the vagaries of teenage widowhood and fending for children without any support. The other hidden variable is that widows in Africa are often abused by society, including naming, backbiting and shaming. These challenges come by virtue of being a widow. Children by these teen mothers often suffer from malnutrition due to deterioration in living conditions and lack of access to services that could all have immediate, as well as long-term consequences for children’s balance, development and fulfilment. These conditions for both the widowed, minors and her siblings, trigger post-traumatic disorders hereinafter requiring active family support, counselling, sustainable livelihoods approach, viable social service by the government. In addition, increased awareness programmes by the government, traditional chiefs and non-state actors are highly critical in the provision of love and care using a bridge model and life skills approach. These elements have been found to enhance resilience among the children (Theron, et.al: 2013:13). With early intervention, therefore, these children may be helped to become productive members of the society. Whilst in JMAC the church doctrine does not promote formal education in favour of informal education which is hinged on indigenous life skills like welding, basket making, farming and informal sector, Smart (2003) argues that schools and teachers play a critical role in the development of Orphans and Vulnerable Children, hereinafter (OVC). This is critical, especially in the wake of loss of parents and increased child headed parenting. The effectiveness of the life skills of child-headed parents is yet to be scientifically proven, hence the need to consider proved interventions by trained counsellors. The school system offers an opportunity to provide psycho-social support systems (PSS), which is an important need for OVC, which is usually lacking in orphans. Ritcher, Mangegold and Pather (2004) observe that school curricula provide life skills, household management training and care for children. Arguably, teachers are trained to address the psychological problems of children that lead to poor performance and children dropping out of school (Ritcher, et.al, 2004). Of note, children in JMAC are not benefiting from school-designed psychosocial support system because JMAC doctrine discourages children from attending schools. Often, parents withdraw their children from school because they strongly believe that schools teach their children Human Rights, resulting in them question their faith. Manicaland province, the hub of JMAC, is prone to multiple vulnerabilities like natural disasters, pandemics, HIV and Aids, child marriages, child labour, amongst others. The vulnerabilities induced by natural disasters and pandemics affect children in a multidimensional way: like the right to life, access to decent housing, health, education and promotion of child marriages through arranged marriages to wealthy families. According to Sillah (2014), Zimbabwe has been affected by various hazards and disasters in the past, particularly droughts, floods, the HIV and Aids pandemics, cholera outbreaks and transport accidents. Essentially, hazards do not affect all groups in a society in a homogenous manner. Sillar (2014) argues that children are a particular group in a society that needs psychosocial support and unwarranted attention within the continuum of disaster management. Whilst the government-formulated Children’s Act of 2001 (Children’s Act: Chapter 5: 06) to ensure that, the concerns of children are given the first priority, JMAC children are not benefiting because the church teaches its congregants to ignore the government. Only the church’s leadership is allowed to engage the government. Whilst HIV and Aids is a pandemic in Zimbabwe, JMAC teaches that HIV and Aids is a demon and JMAC members are not affected because they are covered by the church’s anointing. Though HIV and Aids has from the past wreaked havoc in Zimbabwe, JMAC teaches that only the Church can heal in accordance to James 5:14 which states that, “if anyone amongst the congregants is sick, the church elders must be called for them to pray over him and anointing him with oil in the name of the lord”. Continued on page 31 Page 30 MATTHEW MARE THE constitution of Zimbabwe provides for right of conscience and freedom of choice. However, the theology of Johanne Marange Apostolic Church (JMAC) on marriage does not permit women and children to have absolute rights on choosing who to marry. The constitution in chapter 4 section 44 contains justiciable rights. Section 51 talks of the right to dignity and of note is that such rights are not absolute in application. Section 86 provides for the general limitation provision. In addition to that, Parliament and the legal body has the prerogative to limit the constitutional rights. The limitation of a right can only be valid if it is fair, reasonable, necessary and justifiable in a democratic society based on openness, justice, human dignity, equality and freedom taking into account all relevant factors. Section 60 of the constitution provides for the freedoms to be enjoyed by the churches without internal modifiers to limit the right concerned if it is violating the human rights of its members. This is important, given that some of the theology of JMAC can be said to violate the rights of women and children. Psychosocial support for children On psychosocial support, JMAC church holds that, its socialisation provides adequate social nets through the provision of life skills like welding, basket making, and farming, amongst others. However, the government has not been extending funding to support the church’s initiatives of providing sustainable life skills to its members. Entrepreneurship is at the core of JMAC’s teachings. Zimbabwe is largely an informal economy and the government provides financial aid to small and medium enterprises for them to grow. According to former Reserve Bankbif Zimbabwe governor Gideon Gono (2008:8), Zimbabwe is now a Casino Economy, where the informal sector and hustlers are now driving the economy. With 85% unemployment rate in Zimbabwe, the informal sector has grown tremendously. However, of note is the failure by the government to consider closed societies like JMAC where the rights of children are not recognised. The issue of collateral is perhaps a major stumbling block since in JMAC children are not regarded as full human beings with their distinct set of rights. The importance of psychosocial support is also critical when one considers the statistical evidence by the ministry of Health and Child Care. In 2019, then minister of Health and Child Care Obadiah Moyo revealed that at least one million people in a total population of 14.5 million people are said to be mentally unstable. The reason for mental instability was given as lack of social support, amongst others. On the other hand, 85% of the population are church affiliated. There is need for the government and the church to create synergies to The Zim constitution and justiciable rights Women members of the Johanne Marange Apostolic Church. Critical Thinking NewsHawks Issue 115, 20 January 2023
Zim constitution and justiciable rights Page 31 Continued from page 30 If death occurs, the church use Ecclesiastes (3:1ff ESV) to justify it. The verse states that any person born of a woman shall die and life alternates between life and death. Whilst the church continues to preach against hospitals and clinics, it is estimated that one in every five Zimbabweans lives with HIV and/or Aids (Usaid: 2011). In 1998, Zimbabwe was reported as the third highest in terms of HIV prevalence in the world at 33%. Children have not been spared the HIV and Aids epidemic. Children have been adversely affected as seen in the phenomenon of child-headed households, thereby compromising the cross section of provisions rights (Sillar: 2015). According to Bongo et.al (2013), approximately 600 000 children have been orphaned owing to the effects of Aids. The HIV and Aids pandemic can therefore be considered to have created an environment of risk amongst children. Given the above, it can be argued that children and adolescents do not only need material support, health-care and education but also emotionally responsive relationships for optimal growth and well-being. Arguably, psychosocial support includes rebuilding and strengthening relationships which are vital to human development. It has been argued that the most powerful and important form of psychosocial support is the everyday care and support provided by families, households, friends, teachers, and community members and significant others (Department of Social development: 2010). In the context of this argument, it is prudent that duty bearers like state and non-state actors offer, where possible, psychosocial support for children in children’s natural settings. In the Zimbabwean context, the national orphan care policy of 1999 embraces the thinking floated above. Unicef (2009) identifies three domains of PSS considered most helpful in evaluating children’s lives and experiences. Thus, skills and knowledge such as life skills, using culturally appropriate coping mechanism, emotional well-being such as feeling safe, trust in others, selfworth and social wellbeing, such as relationship with peers, sense of belonging and access to socially appropriate roles. Psychosocial support in this context, therefore, could refer to the care and support provided to influence both the child and his/ her social environment with a view to enhancing his/her personal and social wellbeing. *About the writer: Matthew Mare is a Zimbabwean academic who holds two bachelor’s degrees, five master’s qualifications and a PhD. He is also doing another PhD and has 12 executive certificates in different fields. Professionally, he is a civil servant and also board member at the National Aids Council of Zimbabwe. Critical Thinking In a bid to shed light on the historically intertwined relations between South Africa and Zimbabwe, and their dynamics, particularly through the imperial perspective and active agent of colonial politics whose impact and influence had far-reaching consequences for the two countries individually and collectively, as well as through intersectionality, South African-based Zimbabwean Advocate Tererai Mafukidze focuses on the 1922 Rhodesian referendum and its implications. A referendum on the status of Southern Rhodesia was held in the colony on 27 October 1922. Voters, almost all of them white, were given the options of establishing responsible government or joining the Union of South Africa. It changed the course of history. Of course, Zimbabwe and South Africa’s relations had long earlier been shaped by other historical processes and interactions, including the Bantu migration, Mfecane and mass migration, and trade well before the colonialists arrived in the region. Colonialism brought a new dynamic and politics whose impact is still being felt up to this day. TERERAI MAFUKIDZE ON 6 November 1922, the British South Africa Company (BSAC) was disappointed to learn that the majority of Rhodesians had chosen responsible government rather than become a province of South Africa. Of the one million Africans living in Southern Rhodesia, only about 60 were on the voters' roll in 1922. A total poll of 14 856 votes were cast in the referendum, while 93 were rejected. Of the votes cast, 8 774 voted in favour of Responsible Government, 5 989 voted in favour of joining the Union of South Africa as its fifth province. The Responsible Government vote carried a majority of 2 785 votes. The Africans, numbering 60 in total on the voters’ roll, had no realistic say in the matter. Of the 60 Africans on the voters' roll, many were black South Africans who had come into Southern Rhodesia with the Pioneer Column and some in 1893 as wagon-drivers, servants, messengers and interpreters of the BSAC administration. Some came as catechists/evangelists. They could be on the voters' roll because they earned higher wages and had property which qualified them for the restricted franchise. The rest of the one million blacks had no realistic opportunity of creating wealth or earning higher wages to qualify. As the European population grew, many Africans had been pushed away from skilled and semi-skilled jobs. They were now more required for menial low-paying work. It was the official policy of the administration of the day to keep raising the qualification criteria as a means to limit to a bare minimum the chances of an African qualifying. In a 1911 memo by the Attorney-General of the day, C. H. Tredgold he stated: “By denying the native the franchise you are merely damming back the stream which is bound to go on, and when the dam bursts the disaster will be overwhelming. Let the stream flow gradually while we can control it…My method of controlling the matter would be to raise the Franchise generally.” Within the Legislative Council established in 1898 as some kind of representative body which had company and settler elective representatives there were several attempts to abolish the native vote altogether. What prevented this was the spectre of the crown veto on such a move. It is therefore some irony that black South Africans, few as African were on the voters’ roll, cast their votes in the 1922 referendum. The politics of the time show that blacks saw responsible government which came with crown veto powers on native affairs as a better of the two evils. They were quite terrified of joining the union and fall under the control of the Afrikaner majority in South Africa. In the farming communities which had large Afrikaner populations it is believed half the union votes came from that section. In February 1923, the British government announced that it would respect the outcome of the referendum and grant Responsible Government status to Southern Rhodesia. On 1 October 1923, Southern Rhodesia was granted Responsible Government status. The British Government on the same day paid an agreed reduced settlement of BP3.75 million to the BSAC. On 1 September 1923, the imperial authorities issued the Letters Patent to Southern Rhodesia. Southern Rhodesia was provided with a responsible government constitution. It was not a constitution providing for full self-government. It provided for responsible government with certain limitations. For the next 40 years, Southern Rhodesia was not fully self-governing. The most important reservation for our discussion is a reservation in any law “whereby natives may be subject or made liable to any conditions, disabilities, or restrictions, to which persons of European descent are not also subjected or made liable” other than laws regulating the supply of arms, ammunition or liquor. The enactment of the Land Apportionment Act proved to the African that the protection of the crown was a mirage. In it lay the roots of the long African struggle for self-government in Zimbabwe. In 1927, Winston Churchill is said to have remarked to Godfrey Huggins who would in future become the Prime Minister of Southern Rhodesia: “You had — how many did you say? — only 30 000 Europeans when I gave you your constitution; I still don’t know why I did it.” Despite the rejection of the union, appeals from decisions of courts in Southern Rhodesia were heard by the Appellate Division of South Africa until the Federation of Rhodesia & Nyasaland was created in 1953. Many other ties remain. There are many black South Africans who moved to Southern Rhodesia and made it their home. Some under deals with Rhodes and others as skilled workers, catechists and evangelists. Some bought land and have continued owning big farms in Zimbabwe for over 100 years. In November 1965, Ian Smith’s Rhodesia Front declared its Unilateral Independence from Britain. This was built on the expectation of full self-government of whites created by the 1923 constitution. That declaration brought Rhodesia into a vicious war of liberation ending with attainment of majority rule and independence in 1980. What would have happened to the course of the history of Southern Africa had the whites voted in favour of the Union with Southern Rhodesia becoming a fifth province of South Africa? Would we be having the debate about the porous borders and special exemption permits? *About the writer: Advocate Tererai Mafukidze is now a member of the Johannesburg Bar. He practises with Group One Sandown Chambers in Sandton, Johannesburg. His practice areas at the Bar are: general commercial law, competition law, human rights, administrative and constitutional law. What would have ensued if Rhodesians had elected to be part of South Africa? NewsHawks Issue 115, 20 January 2023
Page 32 The Big Debate The liberation struggle on trial: Was Ian Smith better? DZIKAMAI BERE “IS this the land we died for?” This is a line from Winky D and Shingai’s masterpiece Dzimba Dzemabwe off the new album Eureka. In this track, and many others, Winky D contributes to the enduring conversation on the value of the liberation legacy in a nation that knows no liberty. A conversation that started a while ago is reignited again as Zimbabwe gears for what is most likely going to be a violent election. “Ian Smith was better.” Can we even argue about this? Is it not a notorious fact that colonialism was an evil racist system in the category of slavery – vile crimes against humanity? But, no! It is not so notorious, the young people are saying. Zimbabweans are demanding a conversation on this. They want the liberation struggle to be on trial and they want strict proof that life today in Zimbabwe is better than before Independence, In fact, they are asking, “Judging by the way we live today, was it really worth it?” It can appear like an irritable itch. A forbidden joke. Or young people just being disrespectful of those who sacrificed so much for the independence of Zimbabwe. Such has been the challenge on the legacy of the liberation war as twimbos [Zimbabweans on Twitter] place the liberation war on trial with the assertion that Ian Smith was better. Ian Douglas Smith (1919 – 2007) was Rhodesia’s last ruler representing the white minority regime which was forced to hand over power to the black government in 1980 following a protracted war of liberation and negotiations. He is famous for the Unilateral Declaration of Independence (UDI) from the United Kingdom in November 1965 following prolonged disputes over British demands for black majority rule. Smith remained prime minister of Rhodesia for almost all of the 14 years of international isolation that followed and led the white Rhodesian government to war against black nationalist movements from 1972. The war only ended in 1980 following the Lancaster House Agreement which paved way for Zimbabwe’s first democratic election that brought in the rule of Robert Mugabe. Zimbabwe’s liberation war was a brutal conflict that is estimated to have taken the lives of over 35 000 people and created national trauma that has taken so long to process. The question of the atrocities that were committed by all sides in the war is a conversation that is yet to happen. While the war ended over 40 years ago, its legacy has continued to grip the nation, consuming every successive generation. Zimbabwe’s constitution in its preamble acknowledges and honours the liberation struggle. Section 3 of the constitution of Zimbabwe outlines the founding values and principles and lists in 3 (1) (i) the recognition of and respect for the liberation struggle. Save for a few non-significant episodes, Zimbabwe’s liberation struggle has always been a point of convergence for many Zimbabweans. Despite Zanu PF’s attempts to shape the liberation ideology along party orientation, it remains a national legacy. But perhaps we have taken too many things for granted and became complacent as a nation that by enshrining respect for the liberation struggle in the constitution we had finished the task. And so, some few months ago, some Zimbabweans frustrated by the deteriorating situation in Zimbabwe have started proclaiming that Smith’s Rhodesia was better than Emmerson Mnangagwa’s Zimbabwe. Twimbos started posting online comparisons of life in Rhodesia and life in Zimbabwe. Smith’s long-forgotten quotations began emerging. "If blacks are to rule themselves people in towns will walk on sewage until they believe it's normal, all the gains from colonisation will varnish, infrastructure will collapse, roads will be impassable, trains will kill people until they're abandoned as an unsafe mode of transport,” Smith is alleged to have said. Accompanying these statements in many spaces are images of the collapsing social infrastructure – bad roads, broken railway systems, non-functioning health system, flowing sewage, among other things that have made life so unbearable in Zimbabwe. To add salt to injury, the elderly have started sharing stories of how milk was delivered for free on the door step, how pensioners lived a life of dignity and how hospitals functioned. This has triggered the ire of Zanu PF and others who find this unthinkable, unacceptable, and almost blasphemous. The sharpest criticism of these views came from exiled former Information minister in Mugabe’s government, Professor Jonathan Moyo, who wrote on his Twitter handle: "I know I am a sinner and thus an imperfect human being; but zvisinei ndinopika naMwari kuti no person & no political party can piss on the liberation struggle by glorifying Ian Smith for whatever reason, and expect a political dividend from that. Izvo hazvigoni kana zvikaita sei!" tweeted Moyo. The heated conversations went on, with Zanu PF accusing opposition supporters of amnesia regarding the atrocities of the white minority regime. Opposition leader Nelson Chamisa rightly avoided commenting on the matter. Leading journalist and anti-corruption campaigner Hopewell Chin’ono wrote on his Twitter handle: “It is my view that ZANU PF in its various mutations and formations is uncomfortable with the Ian Smith debate because it has exposed ZANU PF’s tragic failure to manage an economy! That doesn’t make Smith a good man, it merely makes ZANU PF a twin of Ian Smith’s repressive rule!” As a transitional justice activist, I have followed this conversation with keen interest because it is a learning moment for both citizens and their leaders. It is part of the same polarisation that has characterised the political discourse in Zimbabwe. As my peace and conflict transformation mentor Johan Galtung always emphasised, in moments like these, sometimes the message is not in what is being said, but rather in why these questions are being asked. “Listen to what they are not saying.” Galtung used to say when teaching conflict analysis in my days at the Swisspeace Academy. Now, it is important to first unIan Smith NewsHawks Issue 115, 20 January 2023
The Big Debate Page 33 derstand that the debate on the benefits and damages of colonialism is an ancient and yet enduring debate. It is easy to mistake the "Smith was better" conversation as that same debate. True, it can be a debate about anything, but this is a debate on the liberation struggle and its meaning to Africans today. While the liberation struggle on the continent was waged on the universal ideals of freedom and equality, what has been delivered by many of our African leaders in many countries is indeed a betrayal of the liberation struggle itself. In fact, many of these "heroes" of ours have many times trespassed into this truth. The late Simon Khaya Moyo, when he was still the Zanu PF national chairperson, told the co-ordinating committee meeting of the 11th Zanu PF National People’s Conference that was held in Mutare in December 2010: “No liberation movement will ever be replaced by people coming from nowhere. This applies to ZANU–PF in Zimbabwe, ANC in South Africa, FRELIMO in Mozambique, SWAPO in Namibia, MPLA in Angola and Chama Cha Mapinduzi in Tanzania. We are not just neighbours with South Africa. We share a common liberation history, culture and values. Any of us who are not part of this revolutionary journey should think again because the train will not wait for anyone.” This is a widely held view within Zanu PF, making a mockery of their alleged loyalty to the ideals of the liberation struggle. In my last contribution to ZimRights’ Defender magazine, I wrote: “The nation Zimbabwe has never been born. It remained an idea during the liberation struggle, but the leaders of Zimbabwe have failed dismally in building a nation. The country has remained severely polarised. Closely linked to that is the privatisation of national memory by a small group of people who claim to be the custodians of the liberation memory.” In that same article, I regretted that Zimbabwean leaders have perfected the lie of celebrating the liberation struggle without embracing the liberation ideals. In the same manner, following the current debate, I find it hypocritical for political leaders who are committing the same atrocities as the colonial regime to cry foul that the liberation struggle is being disrespected. The greatest attack on the liberation struggle is committing the atrocities that the liberation struggle was waged to end. As the new generation places the liberation struggle on trial today, we must understand very clearly what this is about. First, it is not a forbidden conversation. These are legitimate questions that young Zimbabweans today must ask about the past, the present and the future. These are questions that go to the heart of the ideals that form the Zimbabwe we all yearn for. Our forefathers and foremothers, before they went to fight the liberation war, envisioned a Zimbabwe in which freedom thrived. Today, young people under the pangs of Zanu PF misrule, envision the same Zimbabwe and see the futility of celebrating a liberation struggle that failed to deliver the freedoms that many people died for. That failure is today killing many of us, even more than those who died during the liberation war. “Smith was better” is perhaps not a celebration of the white regime. It is a legitimate inquiry into today’s state of affairs and how we have rundown our nation since we took over power. It is a personal and yet collective expression of the frustrations of many who hear stories of a functioning state that served food on the workers, delivered pensions to retirees, and functioning hospitals to the population. It is not an academic conversation on the factual benefits and morality of the colonial rule. Treating it as such is to miss the point and lose a national learning moment. "Smith was better" is an expression of generational frustrations with the failure by the liberation movements to deliver liberty on the African people. It is the new generation raising a legitimate middle finger at the leaders of today and telling them: "You are a disgrace to the liberation ideals.” But beyond that, and our leaders will be naïve if they miss this signal, this is perhaps a subtle call for Zimbabwe’s second liberation. The people are saying: "If our forefathers and foremothers were justified for taking up arms against the Smith regime, today, we are more than justified for rising against these fake liberators." As Simon Khaya Moyo confessed, for them power and not liberty is the goal. There is consensus that colonialism was an evil system. There is consensus that the liberation struggle was a just struggle that needed to be waged. And yet there is frustration that today’s leaders have betrayed the liberation ideals that they purported to stand for. Those who betrayed Zimbabwe’s liberation ideals have no right to be angry at those demanding the realisation of the liberation promise, because without the realisation of liberation promise, the march has not ended. Our leaders must get the message. They must not pretend to be illiterate to the signs of the times. The "Smith was better" conversation is not a conversation about Ian Douglas Smith who died in 2007. It is a conversation about the Zanu PF government and all the leaders who swore to uphold the constitution and deliver on the liberation promise. They must be held accountable. And we must talk about their failures boldly. But most importantly, we must speak – without apologies – of the new liberation that is now due. *About the writer: Dzikamai Bere is a Zimbabwean human rights and transitional justice activist. He writes in his personal capacity. Comments on this article can be sent to: dzikamai[email protected] NewsHawks Issue 115, 20 January 2023
Page 34 Critical Thinking ISABEAU VAN HALM Zimbabwe banned the exports of raw lithium ores in 2022, and then banned the exports of all raw mineral ores this year. Isabeau Van Halm explores the latest example of a wave of critical mineral resource nationalism. IN December 2022, Zimbabwe banned raw lithium ore exports to minimise the economic potential of artisanal mining and encourage investments in state-approved production facilities. Then in January 2023 another ban followed, according to the state-owned newspaper The Herald, this time covering all base mineral ores. “No lithium-bearing ores, or unbeneficiated lithium whatsoever, shall be exported from Zimbabwe to another country except under the written permission of the minister,” the country’s Mines minister Winston Chitando said in December about the lithium export ban. The ban has since been replaced by the Base Minerals Export Control (Unbenificiated Base Mineral Ores) Order, and adds critical minerals such as nickel and manganese ores to the list of substances whose exports are limited. Zimbabwe is the latest country following a trend of resource nationalism, where countries are protecting their mineral resources from foreign exploitation, as governments look to capitalise on the mineral wealth within their borders. The world saw resource nationalism episodes in the 1970s and early 2000s with oil price booms, and the latest generation of the phenomenon focuses on the critical minerals needed for the clean energy transition. Encouraging local production Many countries are scrambling to get their hands on key minerals – notably lithium, nickel, copper, cobalt, graphite and manganese – as demand for them is set to increase. According to the International Energy Agency, lithium demand could grow by more than 40 times by 2040, while graphite, cobalt and nickel demand could grow 20 to 25 times. Due to the high demand and strains on the supply chain, prices have been surging since 2021. In 2021, Zimbabwe produced just over 1% of global lithium, according to data from the United States Geological Survey. While their production share is small, the country still ranks as the sixth-largest global producer of the mineral. With 220 000 tonnes of reserves identified so far, Zimbabwe has the largest lithium reserves in Africa. According to data from World Integrated Trade Solutions, Zimbabwe is also one of the largest exporters of nickel ore, with South Africa and Mozambique as the main importers of the ores. Zimbabwe’s export ban will not apply to mining companies that already own or are constructing processing plants. By forcing companies to process the minerals locally, the government hopes to grow its resource industry and eventually see the development of lithium batteries in the country. Keeping parts of the supply chain in Zimbabwe will mean the country will see more revenue from the extraction of its minerals. This shift has already yielded results, with several companies acquiring mining projects in Zimbabwe last year. Chinese miner Zhejiang Huayou Cobalt will invest US$300 million to develop a lithium mine in the country. China-based Tsinghan agreed with Zimbabwe to start a lithium mining project in Harare. Both companies were planning to construct processing plants alongside the mines, however, it is uncertain what impacts the new ban will have on the projects in the pipeline without affiliated processing plants. The ban is also meant to deter artisanal miners from exporting ores abroad. Smuggling to South Africa and UAE reportedly cost the country US$1.8 billion in lost mining earnings. High prices and tighter government control have artisanal miners flocking to abandoned mines in search of critical minerals, with potentially dramatic consequences. In November 2022, police cracked down on the illegal production of lithium by thousands of artisanal miners, after they descended on a former emerald mine Sandawana, a confrontation between miners and state forces of significant size. A push towards resource nationalism in Zimbabwe Zimbabwe follows Indonesia, which announced a ban on the export of raw ores by 2022 in 2019. However, both countries’ bans could be in doubt with concerns surrounding the legality of such sweeping bans. The World Trade Organisation said in November 2022 that Indonesia’s ban was in disagreement with international trade rules after complaints by the EU and the US. The EU argued that the measures were inconsistent with Article XI:1 of the General Agreement on Tariffs and Trade (GATT) 1994. Article XI:1 states: “No prohibitions or restrictions other than duties, taxes or other charges, whether made effective through quotas, import or export licences or other measures, shall be instituted or maintained by any contracting party on the importation of any product of the territory of any other contracting party or on the exportation or sale for export of any product destined for the territory of any other contracting party.” The uncertainty that continues to cloud Indonesia’s situation could set a similar precedent for Zimbabwe, threatening the ban as soon as it takes effect. However, moves such as these are becomining increasingly common in the mining sector. High commodity prices, stronger consciousness of environmental and local impact, and growing government debts are pushing countries towards resource nationalism. A report by Fitch Solutions noted the fast rise of resource nationalism in 2020 and 2021 that is spreading globally, from the Democratic Republic of the Congo (DRC) to the US. Resource nationalism manifests in different ways. Countries could ban exports, like in the cases above, but also renegotiating existing mining contracts, increasing taxes and royalties, and nationalisation of assets are seen as resource nationalism. In Chile, the government passed a bill for new royalties on copper and lithium sales. The DRC passed a review of existing mining contracts. Russia has been increasing taxes on the mining sector since 2021. In the US, there are proposals to introduce new taxes on mining projects. Public perception of resource nationalism Resource nationalism can be perceived as damaging, as linking material wealth to national interest can lead to an inflexible economic environment, prompting investors to avoid countries considered unsafe investments. Historically, it is also linked with government inefficiency and corruption, in particular, when the countries concerned are less economically developed. However, argues one study on geography and resource nationalism, “resource nationalism should not be seen as anathema to the imperatives of private-led extraction but rather as something more hybrid”. Resource nationalism differs from case to case and can be rooted in genuine grievances, as opposed to national interest. In Chile, a revision of the constitution would grant indigenous communities the right to decide on mining projects on their ancestral lands, as well as banning mining in glaciers and protected areas. Such moves could be considered a form of resource nationalism, but one rooted in local self-determination, rather than financial exploitation. In 2022, Chile sued BHP and Antofagasta for environmental damage in the Salar de Atacama salt flats, and South Africa has introduced a law that set targets for Black ownership, which has since been struck down by the High Court, in an attempt to overcome inequality and distribute mining profits more equally among South Africans. It is evident, therefore, that many of the socio-economic structures that underpin mining in some of the world’s biggest mining markets are now considered ineffective, or at least in need of reform, and the rise of resource nationalism could be one kind of response to this growing frustration. With the demand for critical minerals only increasing in the next decades, and commodity prices still surging, Zimbabwe will likely not be the last country that implements new legislation in a wave of resource nationalism, or increases taxes aimed at national resources, according to the Fitch Solutions report. “We expect this trend to continue over the coming few years, as underlying drivers of resource nationalism and government intervention will remain in play, including elevated metal prices, the boom in demand for Green Transition Materials and elevated economic, social and political risks in the wake of Covid-19,” wrote the Fitch analysts. — Energy Monitor. *About the writer: Isabeau van Halm is a data journalist based in London. Zimbabwe joins the wave of resource nationalism Mines minister Winston Chitando. NewsHawks Issue 115, 20 January 2023
Critical Thinking Page 35 VERITAS IN our first and second Election Watches of 2023, we recounted the progress of the preliminary delimitation report from its presentation to the President on 26 December by the chairperson of the Zimbabwe Electoral Commission (Zec) to the time it was laid before Parliament on 6 January and an ad hoc parliamentary committee was appointed to analyse it. The ad hoc committee presented its analysis to Parliament on 13 January, and in this analytical article we shall outline the committee’s findings and indicate what the next stages will be. The ad hoc committee’s findings The committee began by expressing its appreciation of the work done by Zec but set out aspects of the report that caused concern. These may be summarised as follows: Zec did not use census data correctly to delimit electoral areas The committee noted that Zec relied on preliminary census figures for the delimitation exercise because the final census report had not been finalised and published. The committee accepted that Zec had to do this to comply with its constitutional obligations, but took issue with the fact that Zec considered only the adult population rather than the entire population. This, the committee said, did not conform to the values and principles set out in section 3(2)(j) and (l) of the Constitution, which relate to the equitable sharing of national resources, including land and devolution funds. Comment: It is true, as the committee said, that wards are important for administrative purposes unconnected with elections, but delimitations under section 161 of the Constitution are concerned solely with elections. Hence, with respect, Zec was right to look at the figures for the adult population since it was concerned with locating adults, most of whom are voters, rather than children who cannot vote. The equitable sharing of national resources, though important, has little to do with delimitation of electoral boundaries. Some electoral areas had too many voters and some too few The committee noted that Zec possibly misinterpreted section 161(6) of the constitution, which states that no constituency may have 20% more or fewer voters than other constituencies, and imposes the same limit on wards in a council area. This misinterpretation, the committee said, led to some constituencies and wards varying by up to 40%. Comment: We made this point in our Election Watch 2/2023. Zec undoubtedly did misinterpret section 161(6), as it made clear in paragraphs 4.1 and 4.2 of its own report. Zec did not take sufficient account of the factors set out in section 161(6) of the constitution The committee considered that Zec did not pay enough attention to physical features, means of communication, community of interests and other factors set out in section 161(6) of the constitution. The report did not give reasons for combining constituencies and wards The report merely described the new electoral boundaries and did not provide any justification for them. The committee said that, in the interests of transparency, justice and fairness, Zec should have stated in the report its reasons for combining (“collapsing”) constituencies and wards, because in many cases the reasons were not apparent. Zec did not consult stakeholders According to the committee, Zec did not comply with section 37A of the Electoral Act and consult stakeholders fairly, particularly traditional leaders. As a result, in some areas voters were moved to different constituencies and wards from their traditional leaders. Descriptions of electoral boundaries were not clear enough The committee considered that the co-ordinate system used to describe electoral boundaries was too complicated for ordinary people to understand. The maps accompanying the report were inadequate The maps did not indicate their scale, and Zec was unable to tell the committee what scale had been used. Whatever their scale the maps did not show topographical features, which would assist in identifying some electoral boundaries, nor they show population densities. Also, the maps did not show existing electoral boundaries, which would have been useful for comparison purposes. Some wards were not labelled on the maps The committee found it difficult to identify wards that were not labelled on the maps, since the narrative descriptions of the wards were not clear enough. Polling stations were not shown on the maps The committee noted that locations of polling stations were not indicated on the maps, and the fact that the map scales were not given made it difficult to compute the time it would take people to walk to their nearest polling station. Comment: It would be useful to know where polling stations are to be situated, to see how far voters in the new electoral districts will have to travel in order to cast their votes. That said, the location of polling stations is not an essential part of delimitation under the constitution. The commissioners did not sign off on the report The committee noted that Zec’s commissioners had not signed the report. Comment: A photograph circulating on social media at the end of last year purported to show that all commissioners, except the chairperson and vice-chairperson, had signed the report – though curiously on the 6th December, whereas the report was presented to the President on the 26th. The ad hoc committee’s recommendations The committee made the following recommendations: • Zec should take into account the entire population as shown in the census, not just the adult population, because wards serve other purposes apart from elections. • Zec should revisit boundaries where it did not take account of community of interests between voters. • Zec should ensure that there are equal numbers of voters in constituencies and wards, with variations limited to 20 per cent as required by section 161 of the Constitution. • Zec should apply consistent principles when transferring voters from constituencies and wards with large numbers of voters to those with fewer. General comment The issues raised by the ad hoc committee are important and its recommendations are generally sound. The committee is to be congratulated in producing such a commendable report in the very short time available to it. What happens now? Both Houses of Parliament will be debating the ad hoc committee’s findings and recommendations today and tomorrow, and will present their own findings and recommendations to the President on Thursday the 19th January. Then, if either House has recommended that the delimitation report be referred back to Zec (and both Houses will probably recommend this), the President will have to send it back to Zec for reconsideration – and he will have only one day to do so, because section 161(8) of the Constitution says that the report must be returned to Zec within 14 days after it was laid before Parliament. If, as seems likely, the report is referred back to Zec, the commission will have to consider the issues raised by Parliament, in addition to any the President himself may raise, but Zec’s decision on them will be final. Then Zec will send its final delimitation report to the President and he will publish it as a proclamation in the Gazette. As we said in our second Election Watch of 2023, the absolute deadline for the report to be published is 26 February. Can Zec meet this deadline? Its deputy chairperson has said it will look into all the issues the ad hoc committee has raised, so long as they are within the ambit of the law. Some of the issues though are fundamental and will require drastic revisions of the preliminary boundaries. Zec may be able to do it, but will have to work very hard indeed, particularly if it engages in consultations with stakeholders which it should have done in the first place. *About the writer: Veritas is an independent organisation that provides information on the work of the courts, Parliament and the laws of Zimbabwe and makes public domain information widely available. Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied. Why the Zec delimitation report deserved rejection Zimbabwe Electoral Commission offices in Harare. NewsHawks Issue 115, 20 January 2023
Page 36 Critical Thinking BOOK TITLE: Decolonization, Development and Knowledge in Africa: Turning Over a New Leaf. AUTHOR: Prof Sabelo J. Ndlovu-Gatsheni. PUBLISHER: Routledge, 2022. REVIEWED BY: Kamna Patel IN the international development and charity sector, particularly in the UK but not exclusively, crises of safeguarding vulnerable people have driven relatively large-scale investment in risk management and boosted its importance in charity governance. In 2018, British newspaper The Times published an exposé of the international non-governmental organisation (INGO) Oxfam GB and its handling of allegations of sexual abuse and misconduct of its staff in Haiti and the Philippines (known colloquially as the “Oxfam-Haiti scandal”). An investigation into Oxfam GB by the Charity Commission, a government body that registers and regulates charities in England and Wales, found that the organisation’s safeguarding strategy, approach and resourcing were significant areas of weakness that meant “the charity exposed itself to undue risk, amounting to mismanagement in the administration of the charity”. The lever of exposure to risks — including the risk of causing harm to others alongside reputational risks — led to major sector-wide investment and the growth of teams of safeguarding professionals that introduced new or shored up existing policies, practices, lines of reporting and accountability and engendered behavioural change. By 2022, the international development and charity sector has become well versed and proactive in its management and mitigation of risks within the organisation and those caused by the organisation. These are risks that can be known, boxed into processes attentive to them and contained so that organisations may continue their substantive work. This framework and approach to understanding and managing risk as an operational exercise seems profoundly unsuited to the next great challenge facing the international development and charity sector and the development sector more widely — a challenge that aims to undo its rules and institutions and disrupt its very paradigm of knowing. This challenge is the call to decolonise. This is a call to divest of the legacies of colonialism and imperialism and their attendant logics of racism, patriarchy, ableism and cisheteronormativity that have structured an industry primarily located in the so-called Global North tasked with making the lives of those in the Global South modern and progressive. It is a full and complete agenda to rethink the purpose and value of international development and the role of industry actors including INGOs. In the “decolonisation of development”, it is unclear what the risks of this call are and for whom they are risks: is the call another crisis of legitimacy for INGOs to weather or an uprising of the continuously dispossessed and marginalised? What is clear is that to decolonise also calls into question the very framework of risk and risk management in the development sector as a Eurocentric exercise of knowing and containing. The clash between a world that is known and managed from Europe and a world remade through the decolonisation of development in Africa is the challenge brought forth by Sabelo J. Ndlovu-Gatsheni’s new book Decolonization, Development and Knowledge in Africa: Turning Over a New Leaf. This short book covers major ground and is part of the Worlding Beyond the West series at Routledge. Over eight chapters, Ndlovu-Gatsheni makes a compelling case for why and how “a new leaf ” (a term borrowed from Franz Fanon and his reflections of the Algerian Revolution and its failures to deliver radical social transformation) must begin with producing new knowledge and working out new concepts from Africa — not as a point of geography, but as an ontological position rooted in African ways of knowing the world, a framing inclusive of African Diaspora and Black people globally. The book is a call for epistemic freedom and a direct challenge to Eurocentric epistemologies that claim the ground of objectivity and universality. To Ndlovu-Gatsheni, the necessity to know and learn anew exists in the face of material, cognitive and metaphysical European empires that infected the continent of Africa. He writes: This dangerous empire operated through the infection of the mental universe of its victims which amounted to the removal of the hard disk of previous endogenous knowledge and downloading into the African minds the software of European knowledge and languages. In each chapter, Ndlovu-Gatsheni walks the reader through new leaves that have turned in the past and how resultant challenges to the hegemony of Eurocentrism and whiteness in the global pollical economy have been contained, leading us to new leaves that are turning, that are still to turn and where we (those of us committed to projects of decolonisation) ought to turn next. Through purposeful acts of remembering decolonisation efforts of the past in Africa and in other regions of the world combating their own colonial and imperial legacies, this book is an act of epistemic repair by signposting readers to African and African Diasporic scholars, poets and politicians — including Kwame Nkrumah, Thomas Sankara and Amilcar Cabral — who have vociferously argued for and attempted to build post-imperial societies and global world orders that undo racism, sexism, cisheteronormativity and ableism. The first chapter makes the case for epistemic freedom, with Ndlovu-Gatsheni stating that “ontology is made of epistemology”, which is created and made real — like our global political economy and world order — is an epistemic creation in which Africa and Africans occupy lowly positions. Therefore, it is through acts of radical reimagining that new realities can be forged that break free from a world system designed to sustain exclusion. Ndlovu-Gatsheni writes: “To move forward, we must rethink thinking itself so as to build a future beyond the straightjacket of developmentalism.” The crux of the second chapter — “The Decolonial Turn” — articulates why, following national liberation struggles against European imperialism throughout the twentieth century, decolonisation is back on the agenda at this time. The necessity of decolonisation — as a political and epistemological movement — is linked to what Ndlovu-Gatsheni identifies as our triple crises: (1) the systemic crisis arising from the catastrophes of global capitalism and planetary ecological emergency; (2) the epistemic crisis resulting from epistemicide, the dearth of non-colonial learning and the need for new concepts and not adjustments to existing ones (a remark pertinent to international development and its continual reinvention from a project of global modernisation to “sustainable development”); and (3) the ideological crisis — the absence of an overarching vision of freedom, liberation and emancipation. Embedded in these crises is the absence of a repudiation of modernity. To Sylvia Wynter, “[i]n decolonial thought, modernity is said to have unfolded as a phenomenon that colonised time, space and being”. In this argument, Ndlovu-Gatsheni positions himself and swathes of African decolonial thought alongside and interwoven with Latin American decolonial scholarship and the modernity — coloniality — decoloniality schools of thought. This is stood in sharp contrast to postcolonial scholarship arising mainly from South Asian schools of thought as a field that has decoupled colonialism from modernity. As a recounting of entire fields of study in a short chapter, this is a necessarily selective reading of genesis stories, and there is clearly a great deal more to unpack in multiple decolonial and postcolonial traditions and political positions. The third chapter recounts “the Bandung Spirit”, a reference to the 1955 conference of twenty-nine Asian and African nations that gathered in Indonesia and articulated a vision of global solidarity and postcolonial world order. This spirit is a historic one of transnational decolonial struggles for liberation and freedom that sought Why Africa must turn a new leaf NewsHawks Issue 115, 20 January 2023
The Big Debate Page 37 to undo and dismantle coloniality, not make coloniality bearable for the impoverished and marginalised. Starting with the Haitian Revolution (1791–1804), Ndlovu-Gatsheni injects African and Black histories into planetary narratives of resistance to Northern domination, thus illustrating the leaves that have been turned before and the reasons their actions were thwarted. One of the most welcome aspects of this book is its spotlight on race, racism and racialisation within articulations and expositions of decoloniality. Chapter 4 — “The Problem of Blackness” — engages head on with the problematics of “race” as a European social construct that instils crude hierarchies that dehumanise people, and it represents a potent source of liberation, solidarity and sisterhood that can transcend national (colonially crafted) borders. In this chapter, Ndlovu-Gatsheni gives us a language to analyse Blackness on a global scale through the binary of dismemberment and re-membering. The former is the ontological split “that pushes all those designated as black out of the human family”, visible in a global colour line (to borrow from W.E.B. du Bois). The latter is the re-humanisation of Black people and the renaissance of non-European intellectual traditions (ie the recovery of history as an act of repair to dismemberment). These ideas are fleshed out later in the book (Chapter 6) under a call for an African Renaissance, not as a single event or time period, but as a continual struggle of and for the continent, which includes Black Lives Matter and Rhodes Must Fall movements. The call is heavily inspired by Ngugi wa Thiong’o’s retelling of processes of dismemberment that is traced to Transatlantic slavery, the Berlin Conference (1884–1885), neo-colonialism and neoliberal developmentalism, which sowed and continue to sow “division of the African [and African Diaspora] from [their] land, body and mind”. In Chapter 5 — “African Political Economy” — Ndlovu-Gatsheni’s central proposition that from epistemic freedom comes ontological freedom is applied to illustrate how African political economy and African developmentalism are underpinned by Eurocentric ways of knowing the world, to the detriment of African liberatory projects. The chapter unpacks how “Africa”, as a construct of political economy, became and remains entangled in global capitalism and its means of production. The new leaves that were turned over in the national struggles for liberation in the twentieth century failed to take root not only because of the effects of the three crisis (as discussed in Chapter 2), but also through active counter-projects, including the undermining of African democracy via the public-sector austerity and structural adjustment demanded by the Bretton Woods Institutions (the International Monetary Fund, the World Bank and the World Trade Organisation), which direct the global economic order on behalf of their most powerful (Northern) members. In the face of such challenges, the African Renaissance called for in Chapter 6 to bring to life popular struggles for de-imperialism, decolonisation and democratisation is complemented by a focus on “African Humanities” in Chapter 7 as a space to rehumanise. Drawing on Chinua Achebe, the Nigerian author of “Africa Is People”, Ndlovu-Gatsheni introduces us to Ubantu, a humanist expression that means “I am because we are”, as a powerful repost to the Cartesian logic of man’s existence through reason. An African humanities starts with humanism and our connectivity as the means of epistemic freedom that upends and dismantles individual accumulation, racial and gender hierarchies and the primacy of European — North American knowledge systems. The book concludes with a turn to the future and the role of technology in a Fourth Industrial Revolution, as well as offering a set of queries regarding “for which people and purpose does technology work?”, culminating in “how can technology turn over a new leaf ‘from colonial entrapment and poverty’ in Africa?”. On closing the book and drawing out its final lessons, thoughts of technology were not at the forefront of my mind. What was there instead was just how much the new leaves Ndlovu-Gatsheni writes of in each chapter represent heartfelt cries for justice and liberation from coloniality. This is more than just a book. Decolonization, Development and Knowledge in Africa: Turning Over a New Leaf gives wideranging, thorough and illuminating treatises on big waves in African and global history. Readers in Europe especially (as I am) may find references to thinkers they did not know, ideas unfamiliar and epochs only previously understood in frames of East–West Cold War politics. But what does it say of risk and risk management, particularly in the international development and charity sector? Clearly, current flirtations in the sector with a decolonisation agenda are the tip of the iceberg. Projects of knowing and uncovering African knowledge constitute the work of epistemic justice; they come in waves rather than as specific managed actions or projects, and they are driven by African people (a remark on position over geography). From this a central question has to be: what is African risk, and is it the same as risk through a European gaze? This question matters because the potential to upend the world and its order — including the international development sector — may not be a “risk” at all, but a work of liberation that cannot and should not be managed and contained. — Cambridge University Press. STAN CHUU ILO DURING his planned visit to the Democratic Republic of Congo (DRC) and South Sudan in February 2023, Pope Francis intends to be in dialogue with African Catholics — but also to listen to political leaders and young Africans. This visit comes at a defining moment in what is regarded as a fairly progressive papacy. Pope Francis has convened a worldwide consultation on the future of the Catholic church. This consultation, called a synodal process, began in 2021 and will conclude in 2024. It is the most ambitious dialogue ever undertaken on bringing changes in Catholic beliefs and practices since the Second Vatican Council’s reforms in 1965. It is exciting for reform-minded Catholics, but distressing for conservative Catholics. The ongoing synodal process has exposed the fault lines in modern Catholicism on the issues of women, celibacy, sexuality, marriage, clericalism and hierarchism. How Pope Francis — who marks a decade of his papacy this year — manages these increasingly divisive issues will, in my judgement, largely define his legacy. My research has focused on how African Catholics can bring about a consensus approach in managing these contested issues. The big questions for me are how another papal visit to Africa at this point will address the challenges and opportunities that Africans are identifying through the synodal process — and how this plays into the state of Catholicism in Africa. Influence of African Catholicism The Catholic church is witnessing its fastest growth in Africa (recent statistics show 2.1% growth between 2019 and 2020). Out of a global population of 1.36 billion Catholics, 236 million are African (20% of the total). African Catholics are not simply growing in number. They are reinventing and reinterpreting Christianity. They are infusing it with new language and spiritual vibrancy through unique ways of worshipping God. Given its expansion, the Catholic church in Africa is well placed to be a central driver of social, political and spiritual life. In many settings, the church provides a community of hope where the fabric of society is weak because of war, humanitarian disasters and disease. The DRC, for instance, has the highest number of Catholic health facilities in Africa at 2 185. It is followed by Kenya with 1 092 and Nigeria with 524 facilities. Additionally, bishops have mobilised peaceful protests against violence in the DRC and Nigeria. Another major feature of Catholicism on the continent is that it is witnessing a “youth bulge”. Central to Pope Francis’ advocacy for Africa is his appeal that churches, religious groups and governments show solidarity with young people. He calls them “the church of now”. The pope expressed this most recently in November 2022 during a synodal consultation with African youth. He denounced the exploitation of Africa by external forces and its destruction by wars, ideologies of violence and policies that rob young people of their future. Why DRC and South Sudan? Pope Francis comes to Africa as part of the synodal consultation. He takes the message of a humble and merciful church to some of the most challenging parts of Africa: the DRC and South Sudan. These two countries illustrate the impact of neo-liberal capitalism and the effects of slavery, colonialism and imperialism. Together, they have unleashed the most destructive economic, social and political upheaval in modern African history. Pope Francis is coming to listen especially to the poor, to young people and to women who have been violated in conflicts. He also hopes to address the hidden wounds of clerical sexual abuse in the church. Pope Francis will see how war, dictatorship and ecological disasters have denied ordinary people access to land, labour and lodging. These are the “three Ls” he proposes as vital in giving agency to the poor. Some opposition Pope Francis will no doubt receive a warm welcome during his visit. Most African Catholics embrace his message of a poor and merciful church because it speaks to their challenges. But there are many African Catholics, particularly high-ranking church leaders, who are yet to embrace this reform agenda. The previous two popes encouraged a centralising tendency, which promoted unquestioning loyalty to Rome by African bishops. As a result, these bishops resisted attempts by African theologians to modernise and Africanise Catholic beliefs and practices to meet local needs and circumstances. This has led to some African bishops being uncomfortable with Pope Francis’ progressive agenda on liberation theology, openness to gay Catholics, condemnation of clerical privilege and power, and inclusion of women in mainstream leadership. Rather than being a strong church that looks like Africa, some of the Catholic dioceses on the continent have embraced medieval traditions — like Roman rituals and Latin — that alienate ordinary African Catholics, especially young people. Africa’s future role Pope Francis has often spoken of giving Africa a voice in the church and in the world. Many African Catholics wonder how this will happen when, for the first time in more than 30 years, there is just one African holding an important executive function at the Vatican. This is Archbishop Protase Rugambwa of Tanzania, the secretary of the Dicastery for the Evangelization of Peoples, a department at the Vatican’s central offices. Many African Catholics hope that Pope Francis will announce some African appointments to the Vatican during his February 2023 visit. They also are hoping he will create a pontifical commission for Africa, similar to the Latin American commission created in 1958. This will be a significant way of giving African Catholics a voice in the church of Rome. Pope Francis hasn’t fully recovered from the health challenges that led to the cancellation of the trip last July. But he is making this trip because he believes that Africa matters. Through the sessions that the pope will conduct with Africans, especially young people, it’s hoped that the Catholic church in Africa can help address the causes of war and suffering in the DRC and South Sudan, and the obstacles to reforming the church in Africa. — The Conversation. *About the writer: Stan Chu Ilo is a research professor in world Christianity and African studies at DePaul University in the United States. Pope Francis’ visit to Africa comes at a defining moment for the Catholic church Pope Francis NewsHawks Issue 115, 20 January 2023
Page 38 Reframing Issues ESMITA CHARANI/ MARC MENDELSON PHOTOGRAPHY is a powerful tool in storytelling and scientific communication. But it can also cause harm when used unethically. We started to realise how photographs can send the wrong message when we were approached, as a group of infectious disease specialists, to develop a presentation on resistance to antibiotics. Our audience was a clinical group in east Africa. The global health organisation that asked us to do this wanted to use its own branding on our teaching slides. But when we got our slides back, we found the organisation had used an image of black African women in traditional outfits looking like they were dancing and holding white candles. Confused, we pointed out that the photograph was not relevant to our work. We were told this was standard imaging verified for use in global health within the organisation. One of our colleagues pointed out that the image was of women in Nigeria going to church. We wondered whether an image of nuns would have been used for a health presentation to a European audience. After speaking about this experience with colleagues from different ethnic backgrounds, we decided to look at how people are represented in global health literature and publications about antibiotic resistance and vaccination. What we found was evidence of power imbalances in race, geography and gender. Through the choice of images in publications, women and children of colour in low income countries were treated with less dignity and respect than those in high income countries. Evidence of consent for using intrusive and unnecessary images was absent. And often the images were used out of context. We then tried to suggest some guidelines for using images more appropriately. No ethical guidelines The first step was to find out whether the use of photographs of people in global health was subject to any ethical standards or guides. We found guidelines from Photographers Without Borders, European Non-governmental Confederation for Relief and Development (CONCORD), Code of Conduct on Images and Messages, and the National Press Photographers Association — but no standards specific to health. This is a critRacist portrayal of blacks in disease photos ical gap. While the concept of patient confidentiality is closely guarded in many countries, global health seems to slip through the net of regulation or guidelines. For instance, taking candid photos of patients, especially in healthcare settings, is strictly prohibited for research- and healthcare-related activities. Any such practices must be subject to strict ethical review processes and informed consent. But the regulations are not applied equitably or universally. Our evaluation of images of people used in global health looked at four aspects: relevance, integrity, consent and representation. We included in the review photographs of people that had been featured in publicly available documents from global health actors published between 2015 and 2022. In over 118 reports from 14 global health actors, there were 1 115 images. Of these, 859 included people. We found an over representation of people, including women and children of colour, in the images used. Two out of every three images were of people of colour, and for children this increased to nine out of every 10 images. Images that depicted people of colour were predominantly representing countries in the global south and were candid images of real life and often in healthcare settings. There were images of adults and children receiving healthcare, some in distressed situations or while receiving medical examinations. In contrast, images used from the global north depicted sterile settings, were often staged, and included actors. Overall, we found representations of people of colour and women and children from the global south to be more likely to be represented in ways that were inequitable and unethical. The persistent use of intrusive images was of particular concern. Why does representation matter in global health? In the field of infectious diseases, global health and tropical medicine emerged as disciplines to protect white colonisers from the tropical climates and communicable diseases of the countries being colonised. Thus, historically, imagery in global health has also suffered from telling a story of diseases, war, famine, and poverty, to generate sympathy or funds for research and development. Photographs are powerful in the imprint they leave in the collective psyche. There are ethical responsibilities in how we capture, contextualise and distribute photographs of people. Global health photography has a different purpose from journalism. But the lack of ethical standards or guidelines has blurred the distinction. For example, recently the monkeypox outbreak in the north was visualised using black skin. And images of child victims of war and rape captured by Médecins Sans Frontières found their way into stock image libraries for sale. Current practices in use of photographs of people in global health run the risk of perpetuating attitudes that are rooted in colonialism and reinforcing racial stereotypes. They can reinforce “white saviour” narratives, shaming, cultural appropriation and cultural exoticism. Developing guidelines We have developed a framework to assist those who wish to visually represent people in global health within the boundaries of accepted standards. The aim is to: • assure the relevance of the images depicted • uphold the right to dignity and privacy of subjects • provide a mechanism for transparent consent in participation of subjects in the photograph and its subsequent use • ensure equitable and accurate representation of individuals and serve to counter stereotypes. Recognising how powerful and necessary imagery is, we urge all readers to view this framework and join the conversation to find a more ethical and equitable representation of health and illness that does not discriminate against people according to race, gender, geographic, cultural identity and age. — The Conversation. *About the writers: Esmita Charani is honorary associate professor at the University of Cape Town in South Africa. Marc Mendelson is professor of infectious diseases, University of Cape Town. NewsHawks Issue 115, 20 January 2023
Critical Thinking Page 39 MALAWI is facing its worst cholera outbreak in two decades. The outbreak started early in 2022 and has, so far, resulted in over 18 000 cases and the loss of 750 lives. It has also forced the closure of schools and many businesses. Microbiologist Sam Kariuki, who is the director of Kenya’s Medical Research Institute, explains what cholera is and why it is so hard to control in Africa. Why is cholera still such a big issue for African countries? Cholera is a disease caused and spread by bacteria — specifically Vibrio cholerae — which you can get by eating or drinking contaminated food or water. It’s an old disease which has mostly affected developing countries, many of which are in Africa. Between 2014 and 2021 Africa accounted for 21% of cholera cases and 80% of deaths reported globally. In several African countries, cholera is the leading cause of severe diarrhoea. In 2021, the World Health Organization reported that Africa experienced its highest ever reported numbers — more than 137 000 cases and 4 062 deaths in 19 countries. It has persisted in Africa partly because of worsening sanitation, poor and unreliable water supplies and worsening socioeconomic conditions. For instance, when people’s incomes can’t keep up with inflation they’ll move to more affordable housing — often this is in congested, unsanitary settings where water and other hygiene services are already stretched to the limit. In addition, in the last decade, many African countries have witnessed an upsurge in population migration to urban areas in search of livelihoods. Many of these people end up in poor urban slums where water and sanitation infrastructure remains a challenge. Displaced populations — a major concern in several African countries — are also very vulnerable to water and food contamination. It’s important to control cholera because it can cause severe illness and death. In mild cases cholera can be managed through oral rehydration salts to replace lost fluids and electrolytes. Severe cases may require antibiotic treatment. It’s vital to diagnose and treat cases quickly – cholera can kill within hours if untreated. In 2015, it was estimated that over one million cases in 44 African countries resulted in an economic burden of US$130 million from cholera-related illness and its treatment. What’s missing in the response? African governments must acknowledge that the burden of cholera is huge. In my opinion, governments in endemic areas don’t recognise cholera as a major issue until there’s a big outbreak, when it’s out of control. They treat it as a once off. The burden of cholera could get worse unless governments put measures in place to control and prevent outbreaks. They need to address water and hygiene infrastructure. There must also be community engagement. For instance, widespread messaging that encourages hand washing, boiling water and other preventive measures. Community health extension workers are key in getting these messages across and distributing supplies during an outbreak. For the most vulnerable populations we must apply oral cholera vaccines. Data on cholera hotspots from surveillance studies will be vital to ensure critical populations are targeted first. There are various brands and variation of the oral cholera vaccine, and they are all easy to administer because they are taken orally. They have an effectiveness rate of between 60% to 80% but require a yearly booster. There’s not been a concerted vaccination campaign in many countries, however, because governments are not taking the prevention and control of the disease seriously. Finally, the issue of drug resistance needs to be addressed. Drug resistance has made it possible for these cholera strains to stay longer in the environment. I was part of a team that conducted a study in Kenya which found that bacteria that causes cholera has become resistant to some antibiotics. Some types of drug resistance are caused by a natural interaction of the Vibrio cholerae bacteria with other drug resistant bacteria in the environment. The overuse of antibiotics also contributes to drug resistance. Government agencies should develop ways to monitor the use of antibiotics and restrict their prescription. Regulation of antibiotic use in animals should also be improved. Healthcare workers also need to be trained in the proper use of antibiotics. Have there been any recent advances? One important one has been the development of rapid diagnostic tests that can be used by health workers in the field. These kits are available at costs far lower than lab culture costs. Using them makes it possible to confirm outbreaks promptly so treatment can be initiated. In addition, more countries are now adopting the oral cholera vaccine for prevention and control. What is lacking is a concerted effort for all endemic countries — which I consider to be all countries in sub-Saharan Africa — to have joint measures to tackle cross-border transmission and persistence of cholera outbreaks. Some countries are still in denial about outbreaks. This is partly due to fears about repercussions on trade and tourism. But in an interconnected world this attitude isn’t helpful. I am optimistic that we can control cholera in African settings. In the short term this could be done through raising awareness among vulnerable populations and interventions like the oral cholera vaccine. In the long term African countries need improved water hygiene infrastructure, housing and enhanced socioeconomic conditions. But there must be a strong will by relevant government ministries to work together to realise these goals. — The Conversation. *About the interviewee: Samuel Kariuki is chief research scientist and director at the Centre for Microbiology Research, Kenya Medical Research Institute. Cholera killed more than 4 000 people in Zimbabwe in late 2008 to early 2009. The reason why cholera continues to threaten many African countries NewsHawks Issue 115, 20 January 2023
Page 40 Reframing Issues PALESA LIBE WHILE Covid-19 has disrupted the lives and learning of hundreds of millions of children around the world, it has hit Africa’s underfunded public education systems the hardest. High data prices and the lack of adequate digital infrastructure are exacerbating existing inequities and reversing decades of progress. The Covid-19 pandemic has laid bare the vast, systemic inequalities of access and opportunity in education systems around the world. While school closures and the shift to distance learning have taken a heavy toll on hundreds of millions of schoolchildren, underfunded public schools in Africa have been hit the hardest. Necessity may be the mother of invention, but it is all but impossible to innovate and advance without sufficient resources or infrastructure. Lesotho, a small lower-middle-income country in southern Africa, is a case in point. According to a recent United Nations report, only 83% of the country’s children have been able to return to school since in-person classes resumed. In a country like Lesotho, where nearly 40% of the population is under 18, and just four out of ten children enroll in secondary education, this amounts to a full-blown crisis that threatens to reverse decades of progress on learning outcomes and access to quality education. Between April and August 2020, Human Rights Watch conducted 57 remote interviews with students, parents, teachers, and public officials across Africa about the pandemic’s effects on education. When schools closed at the start of the pandemic, many children effectively stopped learning. Many of them shared feelings of stress, anxiety, isolation, and depression owing to the lack of contact with their friends and teachers at school. Some children living in extreme poverty were denied access not only to educational opportunities but also to free school meals, resulting in malnutrition. Girls’ education also suffered significant setbacks, as many female students were expected to perform household chores instead of learning. But those enrolled in public schools have suffered the most, as the pandemic exacerbated existing disparities between private and public education across the continent. A teacher from a rural public primary school told Human Rights Watch that his school did not have computers, and that the teachers lacked the computer The plight of public schools in Africa skills to make remote learning effective. A laboratory administrator from a private school, on the other hand, said that all of her students were using digital services like Google Classroom even before the pandemic. While students and teachers in her school encountered various difficulties related to remote learning, all of them managed to keep up with schoolwork. Her school, she added, even developed a customized learning platform that enabled teachers to interact with students and conduct online exams. The transition to remote learning has been difficult for poorer and more affluent households alike. Even tech-savvy parents often feel that remote learning is ineffective. Most parents believe in the importance of physical interaction between students and teachers, expect teacher feedback in the form of marked schoolwork to evaluate their children’s progress, and attend school meetings to meet teachers in person. But while richer students were familiar with technology, having computers and mobile phones at home and access to computer labs and high-speed internet at school, students from lower-income families in rural public schools lacked basic technical skills. The high cost of mobile data is one of the biggest barriers to remote learning in Africa. With schools closed, many children with no computer at home relied on their parents’ mobile phones to attend classes, but some parents refused, citing steep data costs and limited storage. Others could not afford to buy a smartphone. But even richer parents with children in private schools found it difficult to deal with increased data usage, as the pandemic curbed their incomes, too. Moreover, the lack of reliable internet access made synchronous instruction extremely difficult, if not impossible. Glitches and connectivity issues often compromised students’ learning, and teachers struggled to ensure that students were attentive and understood the material. Sky-high data prices are a continent-wide problem that negatively affects learning across Africa. To address it, governments must force mobile providers to lower prices and offer discounted data plans to students and teachers. Alternatively, governments could grant subsidies to companies willing to provide schoolchildren and their parents with free data and devices. Remote learning has become an integral part of education, and video-conferencing services like Zoom are likely here to stay, regardless of public-health crises. It is essential to develop learning-management systems that enable teachers to deliver lessons effectively, engage students during class activities, and provide accessible tools to assess their progress. Teachers must also become more adept at using these new platforms. To meet the UN’s Sustainable Development Goal for Education (SDG4), which aims to “ensure inclusive and equitable quality education and promote lifelong learning opportunities for all,” African governments must address the educational inequalities exacerbated by the pandemic. But first, policymakers must provide the necessary resources to create safe and equitable learning environments for all students, whether they attend a private or public school. — Project Syndicate. *About the writer: Palesa Libe, a co-founder of the NGO Green Tech, is an Africa Code Week trainer and ambassador in Lesotho, a translator for the Southern Sotho locale at the PhET Interactive Simulations project at the University of Colorado Boulder, and a Young African Leaders Initiative alumnus. COVID-19 disrupted lives and learning of hundreds of millions of children around the world. NewsHawks Issue 115, 20 January 2023
Reframing Issues Page 41 OPE ADETAYO THE popularity of Peter Obi’s message of change with younger voters fed up with the status quo makes him a real contender. AT a recent campaign stop, Peter Obi responded to a regular criticism. Bola Tinubu, a rival candidate in next month’s presidential elections in Nigeria, had called him stingy. Obi told a crowd of supporters that yes, he has been stingy with public funds, and that made him a better fit for the country’s top job. Nigerians go to the polls on 25 February to choose a replacement for Muhammadu Buhari, whose eightyear rule has been sharply criticised for failing to get to grips with rampant insecurity and a cost of living crisis. A former state governor running for the Labour party, Obi is the first third-party candidate to present a real challenge to the dominance of the ruling All Progressives Congress (APC) and its main opposition, the People’s Democratic Party (PDP), since the end of military dictatorship in 1999. The 61-year-old has appealed to younger voters with a message that he is different from his old-guard rivals and wants to bring real change to Nigeria. Weyimi Lube, a voiceover artist, had just turned 24 when terrorists struck a Catholic church in the southern city of Owo in June last year, killing at least 40 worshippers. She said the trauma of the attack pushed her into Obi’s camp. “I told myself if we don’t push hard for Obi, I don’t think there will be a Nigeria in the future for me and the people I care about,” Lube said. Analysts say some younger people have turned towards Obi out of a sense of desperation with the status quo in Nigeria and continued anger over the brutal suppression two years ago of the #EndSars movement — named after a hated police unit — which demanded better governance. “The youth are disillusioned with the APC and PDP. Their hopes have been squandered,” said Stephen Lafenwa, a senior lecturer at the department of political science at the University of Ibadan. Obi is no stranger to presidential elections. In the 2019 vote he ran as the vice-presidential candidate for the PDP, whose losing presidential candidate Atiku Abubakar is running again this year. Last year Obi challenged Abubakar to be the PDP’s candidate but resigned just before the primaries and moved to the formerly fringe Labour party, where his grassroots campaign touting his experience as governor and his outsider status has gained momentum, with a vibrant social media following. “It is really interesting because we now get to see competition beyond the two parties [and] we have an expansion of choice,” said Dengiyefa Angalapu, a research analyst at the Centre for Democracy and Development. “It is no longer a situation of the devil and the deep blue sea, now it is the devil, deep blue sea and perhaps the Red Sea.” Despite the excitement around Obi’s candidature, he faces an uphill battle against Abubakar and Tinubu, a two-term governor of Lagos state and veteran of Nigerian politics running for the ruling APC. Known as the “godfather of Lagos” for his political clout, Tinubu will benefit from the ruling party’s national network. Whoever wins will have to grapple with a dire economic outlook — record inflation is running at 21.47% and the naira’s value has rapidly depreciated — and an insecurity crisis that has seen a proliferation of terror attacks and attacks for ransom around the country. “Nigeria is on the brink,” said Chinua Ubabuko, a recently graduated university student and Obi supporter. “Ethnic militias have become forces to reckon with in basically every part of the country and so it is a no-brainer that the next president must be one who can attack the situation and bring peace.” Security forces are fighting a 13-year-old war against jihadists in the country’s north-east, bandit militias in the north-west and separatist tensions in the country’s south-east. Gunmen have repeatedly targeted local offices of the independent national electoral commission, known as INEC, which has warned that it may have to cancel or postpone the vote. Several online polls have placed Obi as the likely winner, but they are being treated with extreme caution by observers, who say their results have been skewed by the youthful profile of Obi voters. Experts say displacing the APC and PDP would be nothing short of revolutionary, but that regardless of the final result, Obi’s candidature for the Labour party will leave a mark by showing a serious challenge to the big two’s dominance is possible. “[Previously] when we had those third forces, the people did not have trust in them. As soon as they [candidates] become strong, they join the ruling party. In Obi, they see someone who is willing to fight until the end,” Angalapu said. Another possibility is that Obi will take enough votes to prevent Abubakar or Tinubu winning in the first round, which requires a simple majority of all votes and 25% of votes in at least two-thirds of the country’s 36 states. A second-round runoff would be a first in Nigerian electoral history. Lube and Ubabuko said young voters like themselves face a clear choice between a brighter future and the continued mismanagement of the country. “Obi speaks the language of our problems,” said Lube. “He understands what Nigeria should look like, sound like and feel like.” — Guardian/AFP. *About the writer: Ope Adetayo is a freelance journalist based in Lagos, Nigeria. ‘Obi understands’: Young Nigerians swell support of presidential hopeful Obi is running for the formerly fringe Labour party, where his grassroots campaign has gained momentum. Photograph: Pius Utomi Ekpei/AFP/Getty NewsHawks Issue 115, 20 January 2023
Page 42 THE end of January 2023 will mark five years since the African Union Free Movement of Persons protocol was signed by the African Union. A parallel initiative to the African Continental Free Trade Agreement, it was designed to reduce barriers to Africans crossing African borders. The benefits of freer movement include trade, investment, cultural understanding and scientific cooperation. Along with several colleagues at the New South Institute, Alan Hirsch is researching pathways towards freer movement. He explains what lies behind the hesitancy of countries to commit to the protocol. And points to ways in which the initiative can move forward. Why the hesitancy? There are several factors. One of the key ones is the fear among member states that the Free Movement of Persons Protocol would suddenly come into force as soon as the parliaments of 15 out of 55 member states had ratified it. But, in fact, only the first of the protocol’s three phases will come into force and only for the countries that had ratified it. In addition, the protocol’s safeguards allow countries to suspend it if their concerns cannot be dealt with through normal immigration procedures. The fear among leaders is that implementation would trigger political instability. Several of Africa’s richer countries appear to be concerned that once the protocol comes into force, they will experience a sudden influx of low-skilled economic migrants from poorer countries. In fact, the protocol has safeguards against this. Still, the perception remains, and very few richer countries have signed the protocol, let alone ratified it. Some feel that adequate systems of population registration, passporting, the exchange of criminal records, extradition arrangements, and similar forms of cooperation in or between many countries are not yet in place. Even the term “free movement” is confusing. Even though the protocol specifically refrains from referring to movement independent of the laws of the host state, some countries seem to fear that unregulated movement on their territory will be the outcome. In my view, the roadmap that accompanied the Free Movement of Persons Protocol was too ambitious. It added to the unnecessary panic. What are the safeguards against big influxes? First, states that join the protocol can express reservations about certain elements of the agreement. Second, they can add procedures for certain categories of migrants. Third, in some circumstances, the protocol can be suspended. And fourth, states are allowed to withdraw altogether from the protocol. In addition, the protocol distinguishes between visa-free entry for short-term visitors, and the right to longer-term stays and employment and residence. The protocol’s implementation process has three phases. At the beginning, only Phase I would be activated for countries that fully ratified it. It allows visitors visa-free access for three months. Phase II allows residence and will only come into force after the African Union’s Executive Council considers the implementation of the first phase and agrees to enforce Phase II. Phase III affords the right to establish a business. This too would only come into force after the African Union’s Executive Council considers the implementation of the prior phases and agrees to move forward. In any of these phases, a host government may require foreigners to apply for a work permit and may manage those work permits with domestic legislation. I can see how government officials would find it difficult to understand how all the pieces fit together. In many countries the responsibility for migration, work permits and security are divided between several government departments which do not necessarily work very well together, and security concerns tend to predominate. What role do regional blocs play? Some regional blocs have already advanced quite far in lifting restrictions in cross-border movements. The two most advanced regions are the East African Community (EAC) and the Economic Community of Western African States (ECOWAS). In some cases they allow passport-free cross-border travel within the region. They have even been moving towards adopting regional passports. What is interesting and important is that there is nothing in the AU Free Movement of Persons protocol that prevents unconventional paths forward. In each region, it is possible for some member countries to move ahead without the participation of all the members of the regional group. A recent report notes that: There is ongoing migration from the national passport to an EAC passport but not all states are issuing the regional passport. The EAC citizens of Kenya, Rwanda and Uganda move freely between the three countries using either their national identity cards or the EAC passport. This is a result of removal of mobility restrictions enacted by Heads of State in 2013. On the other hand, Tanzania and Burundi require a passport for East Africans. Free movement has enabled the EAC to make significant progress in the area of social integration. Kenya, Rwanda and Uganda have also facilitated the right of establishment, the right of residence and access to the labour market for their citizens across the three states. The protocol does not exclude these forms of “variable geometry” within regional economic communities. On the contrary: it would seem to be a valuable form of progress, which could eventually bring other members of the economic community into the fold. Some countries which have already achieved a high level of mutual trust lead the way, and others follow when they can. Indeed, because of the proximity of countries in regional groupings and their greater familiarity with each other, I think it likely that free movement will advance first among groupings within regional communities. In the future, there may well be scope for agreements on the movements of persons between like-minded regional economic communities — inter community agreement, as it were. What could encourage uptake of the protocol? It is easier to work with countries in the neighbourhood, which already have close relationships and generally enjoy more mutual understanding. Engaging with more distant countries could be facilitated by using common standards for documentation, exchanging information, and agreeing on procedures for dealing with undesirable immigrants, such as criminals. Other mechanisms for promoting understanding should also be strongly supported: for example, cultural exchange programmes. Nevertheless, processes at a continental level should be encouraged, and bringing the free movement process closer to the free trade area process would be positive, especially if this regularly brings officials from across the continent into common conversations about freer movement. Already African countries are moving forward, often at their own initiative. The just-published Africa Visa Openness Report 2022 notes that 27% of all intra-African travel routes require no visa at all for citizens of African countries. This is up from 25% in 2021 and 20% in 2016. In 2022, 24 African countries — over 40% — offered eVisas to Africans and other travellers, up from nine African countries — 17% of the continent — in 2016. — The Conversation. *About the interviewee: Alan Hirsch is professor and director of The Nelson Mandela School of Public Governance at the University of Cape Town in South Africa. Free movement of people across Africa: regions are showing how it can work Vehicles from Uganda cross into Rwanda at Gatuna One-Stop Border Post in Gicumbi District. Reframing Issues NewsHawks Issue 115, 20 January 2023
Page 43 Motha nabbed for unlicensed firearm possession after councillor's assassination Africa News FORMER Mkhondo Local Municipality (Piet Retief) mayor Vusi Motha (41) has been charged with possession of an unlicensed firearm. The police had since taken it for ballistic tests to ascertain if it was not the weapon that was used to assassinate ANC councillor Sbonelo Mthembu (36) on Friday. Mpumalanga police spokesperson Brigadier Selvy Mohlala said that the police had not yet confirmed if the duo murdered Mthembu, his friend Sizwe Mbingo (40) and mechanic Sandile Khumalo (51) at Longhomes township outside Piet Retief on January 13. The trio was ambushed and sprayed with bullets when Mthembu’s vehicle was being fixed. “The firearms were taken for ballistic testing, and we will confirm if they can be linked to the murder,” Mohlala said. Motha’s arrest comes two days after he told City Press he was in the process of suing Mthembu for defamation of character before he died. Mthembu posted a Facebook video last November, accusing Motha of having been behind the assassination of former ANC Gert Sibande regional secretary, Muzi Manyathi (41). Manyathi was also fatally shot at close range on November 4 2021 after he had purchased some items at a kiosk in Piet Retief. Manyathi’s tragic death came after he posted on his Facebook that he was going to be assassinated due to ANC infighting. The former mayor’s arrest follows Police Minister Bheki Cele’s decision to appoint a team of police officers with experience in the investigation of political killings. Motha said on Monday that he was demanding R500 000 from the late councillor and denied that he had killed anyone. He claimed: I’m one of those people who wishes that the police can have a breakthrough. I have children and a business and it would be a stupid move for me to kill someone who recorded himself speaking about me. I can’t leave everything for that. Motha added that violence was not how he fought his battles, as he had spent R1.1 million fighting the ANC to reinstate him after he was dismissed for misconduct relating to voting against the party in the Mkhondo municipality. Motha and five former ANC councillors have since joined the EFF following their dismissal after their votes assisted an independent councillor to be the mayor. The Speaker’s and chief whip’s positions also went to the opposition, costing the ANC the governance of the municipality for the first time since democracy. EFF chairperson in Mpumalanga Collen Sedibe was not available to comment. — City Press. ANC Councillor Sbonelo Mthembu was killed following a shooting in Piet Retief on Friday. NewsHawks Issue 115, 20 January 2023
Page 44 World News AN emotional Ardern says February 7 will be her last day in office and that she will not seek re-election this year. New Zealand’s Prime Minister Jacinda Ardern has said that she will resign from her post next month and will not contest this year’s general elections. Fighting back tears, Ardern told reporters in the city of Napier on Thursday that February 7 will be her last day in office. “I am not leaving because it was hard. Had that been the case I probably would have departed two months into the job,” she said. “I am leaving because with such a privileged role, comes responsibility, the responsibility to know when you are the right person to lead and also when you are not,” she said. “I know what this job takes and I know that I no longer have enough in the tank to do it justice. It is that simple.” New Zealand’s next general election will be held on October 14, she added. Ardern’s decision to step down came as her Labour Party looked set to face a tough election campaign this year. While Labour won re-election two years ago in a landslide of historic proportions, recent polls have put it behind its conservative rivals. Political commentator Ben Thomas said Ardern’s announcement was a huge surprise as polls still ranked her as the country’s preferred prime minister even though support for her party had fallen from the stratospheric heights seen during the 2020 election. Thomas said that there was not a clear successor. ‘Jacinda-mania’ Ardern, 42, said on Thursday that a vote to elect the next Labour leader would be held on Sunday and that she believed the party would win the vote. New Zealand Deputy Prime Minister Grant Robertson, who also serves as finance minister, said in a statement he would not seek to stand as the next Labour leader. Ardern became prime minister as the head of a coalition government at the age of 37 in 2017. Her initial election made a big splash on the global stage beJacinda Ardern to step down as New Zealand’s prime minister cause of her gender and youth, coining the phrase “Jacinda-mania”. During her five and a half years in office, she has been lauded globally for New Zealand’s initial handling of the coronavirus pandemic after the country managed for months to stop the virus at its borders. She was also widely praised for the way she embraced New Zealand’s Muslim community in the wake of a white supremacist attack in 2019 that killed 51 people at two mosques in the city of Christchurch. The prime minister swiftly labelled the attacks “terrorism” and wore a hijab as she met with the Muslim community a day after the attack, telling them the whole country was “united in grief ”. She also promised and delivered major gun law reform within a month. But her popularity has waned over the past year as inflation has risen to nearly three-decade highs, the central bank has aggressively increased the cash rate and crime has risen. The country has also become increasingly politically divided over issues such as a government overhaul of water infrastructure and the introduction of an agricultural emissions programme. “Ardern will be remembered as a crisis leader and an able one as that,” wrote Tim Watkin, executive producer at Radio New Zealand. “From this place in time, it would be churlish in the extreme to not acknowledge her remarkable capacity for compassion, her sure-footedness in crises when others have panicked or stumbled,” he wrote. “The question now becomes whether the voting public – who have been steadily losing faith in Ardern and her government in the past 12-18 months – accept her sacrifice or want the whole party to follow suit.” Ardern said on Thursday that despite stepping down as prime minister she would stay on as a lawmaker until the general election. She also made a point of telling her daughter, Neve, that she was looking forward to being there when she started school this year and told her longtime partner, Clarke Gayford, that it was time they married. ‘Intellect, strength’ World leaders paid tribute to Ardern following her announcement. Australian Prime Minister said “Ardern has shown the world how to lead with intellect and strength” and has “demonstrated that empathy and insight are powerful leadership qualities”. Canadian Prime Minister Justin Trudeau thanked Ardern for her partnership and friendship, as well as her “empathetic, compassionate, strong and steady leadership over the past several years”. “The difference you have made is immeasurable,” he tweeted. Cook Islands Prime Minister Mark Brown meanwhile expressed gratitude for the assistance his country received from New Zealand during the COVID-19 pandemic. New Zealand’s “support saved our lives and enabled us to get back on our feet quicker than expected,” he said. Ardern, he said, has left a “legacy of true leadership qualities of compassion, strength, and kindness during some of [New Zealand’s] most challenging tragedies”. — AlJazeera. New Zealand’s Prime Minister Jacinda Ardern. NewsHawks Issue 115, 20 January 2023
JONATHAN MBIRIYAMVEKA NIGERIAN Afrobeats star D’Banj, who arrived in Harare early this week for a collaboration with Zimbabwe’s Roki, came with a different tone. Besides being christened "ED Junior" by his handlers, specifically Passion Java who brought him to Harare, D’Banj says he was promised a car and a house next to President Mnangagwa. While it was good for D’Banj to associate himself with Zimbabweans, it was all the more surprising when he meddled in local politics. From the outset, he draped the famous scarf around his neck, something his countryman Burna Boy refused to do during his visit last year. Then came the lavish praises on how Zimbabwe is a peaceful country when several opposition members, including Job Sikhala, have been arrested on politically motivated charges. D’Banj appeared to be happy with his new moniker, "ED Junior", and this is not new to him for he is known by different names in different countries. In Ghana they call him Mensah, in Jamaica they call him Skipanch, while South Africans call him Khapela and Liberians know him as Fidel. “So, when I landed here, I asked Java what’s my new name? He said ED Junior; I like that name” D’Banj told Star FM’s Ollah 7 on the After Drive Show upon arrival on Tuesday. “Have you heard my new name? My new name is ED Junior, yes nah.” D’Banj, who draped himself in multicolored scarf, was last in Zimbabwe 10 years ago when he performed his debut concert at the Glamis Arena for the Castle Lager Braai Festival. What is controversial is that he was brought to Harare by self-styled prophet Passion Java who is using music to drum up support for Zanu PF ahead of the 2023 elections. Java, who is behind D’Banj’s tour, also promised the singer a car and a house next to ED, in reference to President Mnangagwa. What is all the more bizarre is that back in Nigeria, according to the BBC, D'Banj was recently arrested over allegations of fraud after millions of dollars meant to help unemployed youths start businesses was reported missing. “The artiste, who has claimed to be the brand ambassador for the scheme, has turned himself in. “The N-Power initiative was launched in 2016 by President Muhammadu Buhari. "But many beneficiaries have complained for months that they were not receiving their grants. “Nigeria's anti-corruption agencies said in a statement on Wednesday that 'billions of naira' had been diverted. “Lawyers representing D'banj — whose real name is Oladapo Daniel Oyebanjo — have denied a claim by the anti-corruption agency that their client had ignored multiple summons.” Ten other people, as well as D'banj, are being investigated, the anti-corruption agency said. D'banj's 2012 hit Oliver Twist won him fans across the continent and in the diaspora. Two years ago his one-year-old son drowned in a pool at his home in the commercial capital, Lagos. STYLE TRAVEL BOOKS ARTS MOTORING Porsche just got angrier Being a Fashion Model Life&Style Page 45 Issue 115, 20 December 2022 I am ED Junior says D’Banj Nigerian Afrobeats star D’Banj.
Page 46 Life & Style Ÿ Choose The NewsHawks Executive Conference Room WORKSHOPS I PRODUCT LAUNCHES I MEDIA/FINANCIAL BRIEFINGS I EVENTS Training Session? Planning a Meeting or Harare 6th Floor #100 Nelson Mandela Ave The NewsHawks Beverly Court For Bookings please contact Charmaine on 0735 666 122 Email- [email protected] Land line- (0242) 721 144/5 The NewsHawks @NewsHawksLive www.newshawks.com [email protected] For more Information visit NewsHawks Issue 115, 20 January 2023
Title: I know why the heart sings (Leslie S Chiyangwa) 1977- 2017 Poet: Patience Chiyangwa We danced in heavenly daylight, not seeing the looming night in merry making and sobs, in summer’s glory and winter’s gloom. Blossomed in your serenity, the oasis of my strength, endowed in the essence, of the opulence of our love. Embraced the freedom of running wild, with my dude with the most, sheltered in the loving arms, of our unbreakable mutual craze. Basked in the splendour, of your cheery sincerity, thriving in the rain, in the cuddle of your heart. Reached for the stars, in the spaceship of our bond, scoring winning shots, blessed by my cheerleader. Guzzled away sobriety, drunken with humor, and raised many happy glasses. My shining star now sunk deep into the crippling dark night! Sweet dreams my heart, I will see you in the morning ***************************************************** Title: Thoughts On 2023 Poet: Samuel Chuma .... and so I stand alone In that void In between the years Where time's hands Are reduced to a mule Laden with stillborn dreams Headed into the morrow Where yet another year waits With manicured hands To receive this gift From a grateful past Which now can in peace rest Divested of this macabre baggage That man put his optimism on Hoping that this season The rotting dream Will somehow revive And like a mushroom Suddenly shoot to growth And add flavour to the soup That the success-hungry Feed on as they sharpen Their faithful pencils anew To inscribe fresh resolutions On the scarred face of fate. ***************************************************** Title: An Old New Year Poet: Obey Chiyangwa This New Year may not be new at all for it still smells of bad old habits after all like the stinging smell of tear gas in the mall notice this same inflation that befell us last fall not a single crop on the fields has grown tall amazing how most of our town buildings still look like they are about to fall and the poor's share of the national cake is still too small just like in the many years before the current New Year along first street the beggars' brows are still creased with long standing worry where lorry loads of garbage still await to be carted away while new 'shops' keep emerging down on the pavements whose old and new wares keep tripping the tired feet of trudging shoppers as plastic bottles full of urine loiter and linger along the same denuded pavements notice how mental illness still sings discordant songs an insane attempt at chastising boredom out of milling crowds just like in the many years past so called Prosperous New Years out in the country side the blazing sun is still wilting down on field crops while the chiefs continue to lie that this drought is a result of the callous hand of deceit and that the last Prosperous New Year was a bumper harvest like never before yet our small children still stumble to school on empty stomachs some still tumble down out of hunger at assembly time; while the whole world is busy seriously engaged at celebrating another a so called Prosperous New Year ************************************************ Title: The Hummingbirds Of The Dark World Poet: Stephen Mupoto These last straws, Are the lint that gag us to the poles, Of eternal damnation. These screaming sounds of the hummingbirds, And the suppressed hums, Of the melancholic crooner, Are bestowed upon us like a dark cloud. Clad in the counterfeit self, Traversing the path lit with darkness, And its walls written in indecipherable graffiti, We all know our end is like a lullaby of a sleeping mother; It is but a monotonous hum without rhythm, That slithers to an end of time. Festivities are the death knell of our fate; Doomed by our own world, Only to die like vile. *********************************************** Man-made eyes Romeo Zulu Too much darkness makes me Darker, Too much light makes me Lighter, Therefore, l am in between. Don’t trust camera too much It doesn’t see what we see, It beautifies what is not. Do l look twenty, thirty Or l pose like I’m naughty? Don’t rush to conclusion, that’s hasty. This small device captures moments In a way that my brain can’t. Sometimes it is short sighted It can’t see acne, dark spots and wrinkles. It is colour blind, It makes me look darker when l’m light And lighter when l’m highly melanated. It makes me look handsome But when mood swings strike, l look like a dead man walking. Who made these eyes? Eyes that flow electricity instead of blood, Made of metal instead of skin, Wires instead of veins. Only the inventor can explain Because Queen of Ashanti can’t tell. *********************************************** Title: Say No! Poet: Takunda P Musingwini Emaciated, haggard No way is a highway when stress comes calling Disdainful, ravaged Now a rotten corpse aimlessly walking A crook, a brute Once fine but now just a dice Assailable, vulnerable What else do you expect Feeble, a nibble Just waiting for its final fate from destiny Susceptible, a dullard Stupidity at its finest from the fields of fools That's it, that's you What you chose is back to strick Maintenance comes at a cost The substance ain't worth what's most Once in, you're damned to be lost Twice in, that life ain't worth the cost Thrice in, you'll sail won't rest but will find no coast Say no, shout no, I won't be a ghost Say no, you all, drugs ain't meat to roast NewsHawks Poetry Corner Page 47 Issue 115, 20 January 2023
Page 48 People & Places Govt suspends Rimbi Tours and Zebra Kiss buses from operating Government suspended Rimbi Tours and Zebra Kiss Buses operating licences after an accident that occurred on Tuesday when a Rimbi Tours bus which was racing a Zebra Kiss bus, crashed into a tipper truck near Mutoko, along the Harare-Nyamapanda highway and claimed one life in the process. NewsHawks Issue 115, 20 January 2023
Page 49 THE Confederation of African Football (Caf ) has begun an investigation into political statements made by Nelson Mandela’s grandson, Zwelivelile Mandela, during the opening ceremony of the African Nations Championship (Chan) in Algeria. The Moroccan Football Federation (FMRF) sent a formal protest to CAF regarding the comments made at the ceremony, which was held at the Nelson Mandela Stadium in Algiers. In his speech, Mandela stated, “The last colony of Africa, Western Sahara. Let us fight to free Western Sahara from oppression.” The FMRF claims that the statement had no connection to the tournament or football in general and was specifically targeted at Morocco. The dispute over Western Sahara has been ongoing between Morocco and the Saharawi people, with Algeria supporting the Saharawi’s claim for independence. The tension between Morocco and Algeria has now spilled over into the Chan, with Morocco opting not to defend their title and Algeria refusing to allow the Moroccan team to fly directly from Rabat to Constantine on a Royal Air Maroc plane. Caf will determine whether there was compliance with the rules set by both Caf and Fifa. As well as his comments on Western Sahara, Mandela led the crowd of 40 000 people in chants of “free Palestine”. “These political statements are not the statements of Caf and do not reflect the views or opinions of Caf as a politically neutral organisation,” said African football’s governing body as it began its investigation. – BBC. Sport Mandela’s grandson in African football political row at Chan Zweli Mandela Enock Muchinjo HawkZone RESULTS aside, a refreshing aspect of Zimbabwe’s cricket team over the past few years has been the widening of the selection pool. For a very long time, selectors have not had such a positive headache about who should be in the side and who should not. Even the narrative among fans has changed drastically. Whilst not so long ago they had resigned to hurling insults at their own team due to one disgraceful performance after another, the Chevrons faithful these days have the luxury of discussing team tactics, batting positions, basically just talking cricket in a non-crisis situation. On all accounts, it is a very good place to be. One, it brings focus on everybody’s role in the team, hammering home the reality that the days of free riders are long gone. Accountability breeds responsibility. Escaping the consequences of one’s performance – or hiding behind group failure as I have termed it before – has been an Achilles' heel of this team, and it had lasted far too long. I am not the only one to have been captivated by the red-hot cricket talent that has come out of Chitungwiza over the past few seasons. Many are in absolute awe, that this small dormitory town can give a country so much Pull up your socks, it’s no more business as usual hope that the future of a whole sport is safe. But unlike a few years ago, nothing at the moment indicates that young Clive Madande, one of the Chitungwiza wonder-kids, will keep his place in the side forever on the basis of hitting the winning boundary off the last ball in the thrilling first ODI win over Ireland on Wednesday. Madande does look like real talent. He is in the side now primarily for his wicket-keeping and, with Regis Chakabva out of the picture at the moment, the 22-year-old, who sure can also hot a bat, will be an easy selection in the foreseeable future. However, with competition for places intensifying, and then somebody like the opening batsman Tadiwanashe Marumani also competent behind the stumps, nothing is guaranteed anymore in this Zimbabwe side if guys do not protect their places in the team as if their lives depend on it. In head coach Dave Houghton, Madande has the ideal mentor. After the Chevrons completed a 2-1 series win in the T20Is contest, Houghton told us in the post-match presser how he had himself first got into the Zimbabwe side as a young specialist wicketkeeper in a team full of accomplished senior batters. And we all know what Houghton went on to become, arguably the greatest batsman Zimbabwe has ever produced. Wicket-keeping is an art on its own, but there comes a time you have to back it up with runs and Davey knew it. It is a lesson not just for Madande, but for all the rookies in the current side. Countless newbies like them have fallen by the wayside before. We dread to think it will happen again with this generation. Clive Madande NewsHawks Issue 115, 20 January 2023
position, if not win matches. You know, people say that will come with game time, but these players have actually had quite a fair amount of game time. They have played quite a bit of domestic cricket, they have played international cricket. Although we see massive amounts of talent from the likes of Wessly Madhevere, Milton Shumba — and one or two other players – they are not really putting their hands up and saying this position is my own. We still rely on the senior players, perhaps now with the exception of Ryan Burl, to win games. It is a little bit disconcerting because the problem that we have is a bit longer than anticipated. The likes of Burl, Raza – these type of players will eventually be playing more T20 tournaments around the world. Already, we have seen Raza, who will probably not be available for the Test series against the West Indies (in February) because he has T20 commitments around the world. And if Burl continues to do what he does, the same thing will happen. And that will mean two premier all-rounders gone, only left with aging cricketers such as Craig Ervine and Sean Williams and the younger brothers. So the Kaia brothers (Innocent and Roy), Madhevere, (Milton) Shumba, Madande – they have to find a way not to score 20s, 30s, and 40s and get out. They have to find a way to score big and properly for the team as the reliable and more consistent players might not always be there to do it for Zimbabwe. So, my question is: if the likes of Tadiwanashe Marumani, Madhevere, and so on, are not able to score runs at international level, not even able to get starts at the moment, how far behind is the bowling that they face at the domestic level, which then will allow them to get away with their deficiencies and their weaknesses in certain areas? All batsmen in world cricket have their deficiencies and weaknesses, no doubting that. But the problem with Zimbabwe’s players is that it seems they are allowed to get away with it, or they are able to get away with it at domestic level. And then when they make the jump to play a side like Ireland, who I feel is only moderately better than Zimbabwe, they are found out. *Dean Du Plessis is a world-renowned Zimbabwean cricket broadcaster and journalist. This piece is a verbatim submission to The NewsHawks. DEAN DU PLESSIS THE turnaround of what Dave Houghton has done in this very short space of time — if you consider that his first official assignment was at the T20 World Cup qualifiers in July — has been remarkable. He has worked with more or less the same squad that previous coaches have worked with and he has gotten a lot out of them – he really has. For example, the proof of what Dave has done is with someone like Clive Madande. A year ago, you would never have seen Madande being brave enough to take on the opposition to win a game, and he has done that twice. In the first T20 international (against touring Ireland) he did it when he scored the winning runs. And then in a very, very tight situation in the first one-day international (against the touring Ireland), he did it again when he had Wellington Masakadza with him at the crease. I think had this happened a year ago, Zimbabwe would have played percentage cricket and they would only have played risk cricket, had they been assured of a win. Now, they are beginning to really express themselves, from the get go. I do worry very much, though, that Zimbabwe are still relying very much on players like Sikandar Raza, who is 36 years old now. Sean Williams, who is also 36. Craig Ervine, who is around that particular age as well. It would be nice to see some of the younger players not just score pretty 30s, and 40s, and then get out, but really stamp their authority and at least put Zimbabwe in a winning 50c PRICE SPORT Zim Cricket launches Premier League NEWS $60 Covid tariff for visitors & tourists CULTURE Community radio regulations under review @NewsHawksLive TheNewsHawks www.thenewshawks.com [email protected] Thursday 1 October 2020 WHAT’S INSIDE ALSO INSIDE Finance Ministy wipes out $3.2 Billion depositors funds Zim's latest land controversy has left Ruwa farmer stranded Story on Page 3 Story on Page 8 Story on Page 16 Chamisa reaches out to Khupe Unofficial president calls for emergency meeting +263 772 293 486 Friday 20 january 2023 ALSO INSIDE Mandela’s grandson in African football political row Sports Mandela’s grandson in African football political row at Chan opener Pull up your socks, it’s no more business as usual ‘It would be nice to see some younger players stamp authority’ Gary Ballance bats on his Zimbabwe debut on Thursday. PIC: AFP