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Published by newshawks2021, 2024-03-21 15:30:12

NewsHawks 15 March 2024

NewsHawks 15 March 2024

Price US$1 Friday 15 March 2024 NEWS Charamba attempts to trash resettled villagers’ suffering Story on Page 10 NEWS Mavima cornered over false food security claims WHAT’S Story on Page 27 INSIDE SPORT Wheeling University: Home away from home for Zim’s bright prospects Story on Page 54 ALSO INSIDE Displaced villagers lament disrupted lives First Mutual bosses fleece policyholders US$3.5 million


Page 2 FML Investigation Special Coverage NewsHawks Issue 170, 15 Marxh 2024 RUVIMBO MUCHENJE FIRST Mutual Life Assurance (FML) managers set up an employee mortgage scheme and an employee staff loan scheme without the knowledge of the board, resulting in policyholders being prejudiced of more than US$3.5 million, an audit has revealed. FML is a wholly-owned subsidiary of First Mutual Holdings Limited (FMHL). The Insurance and Pensions Commission (Ipec) launched an investigation into FML after the company failed to comply to with asset separation and the law. The investigation report shows that management set up an employee mortgage scheme and an employee staff loan scheme that acted as a feeding trough for them without the knowledge of the board. “FMHL set up an employee mortgage scheme and an employee staff loan scheme in 2013 and 2019 respectively. For every dollar lent out by the banks as either a mortgage loan or staff loan, there would be a corresponding dollar invested in a money market deal. The FML board was in the dark on this arrangement as there was no evidence as to board approvals,” reads the report. “As a result of backing long-term mortgage and staff loans, management could not disinvest the funds in response to the changing economic environment and as a result policyholders lost value to the tune of US$3 557 086 and US$563 767 under mortgage and staff loan schemes respectively,” reads the report. The report also flagged a US$700 000 loss in interest which was not paid back to the pension fund. “In 2011, IPEC directed that failed money market placements between FML and RMB, Bethel Finance, and AFRE amounting to US$5.8 million as at 31 December 2010 be converted into a term loan and repaid back to the policyholders by FMHL,” reads the report. The report also shows that all the transactions were handled with little discretion. “Management fees were being charged on money market deals backing long-term mortgage and staff loans despite the fact that the fund manager did not exercise any discretion in placing the funds,” reads the report. The firm was supposed to pay back the loan with interest amounting to US$700 000 which had not been paid by the time the investigation was concluded. “The term loan took six years to be repaid back to the policyholders because the shareholder was experiencing cashflow problems. Unpaid interest within the terms of the loan was not being capitalised and this resulted in underpayment of the loan by an amount of US$723 279 as at 31 December 2017 and was still outstanding at the time of finalising the investigation,” reads the report. “The tenure for mortgage loans ranged from 15 to 20 years, while for staff loans the tenure was for up to 82 months. We were not availed with evidence of FML Board approval for these investments as required by the investment mandate.” While the rate of asset growth was below inflation, Ipec managed to ensure that the fund members enjoyed the nominal growth in asset value through enforcing the requirements of the Guideline for the Insurance and Pensions Industry on Adjusting Insurance and Pension Values in Response to Currency Reforms. This saw pensioner values being adjusted upwards to reflect the revaluation gains realised by the funds. l IPEC launched an investigation into FML after the latter failed to comply with asset separation and the law; l The audit, carried out by BDO and with RIMCA Solutions, determined that policy holders could have lost up to US$53 million; l Loss of value to policy holders due locking funds in staff mortgage deals amounted to US$3.5m); l Policy holders could have been prejudiced of US$5.9 million due to overstatement of capital guarantee fees; l Management set up an employee mortgage scheme and an employee staff loan scheme that acted as a feeding trough for them without the knowledge of the board; l As a result of backing long-term mortgage and staff loans, management could not disinvest the funds in response to the changing economic environment and policyholders lost value to the tune of US$3 557 086 and US$563 767 under mortgage and staff loan schemes; and l The report flagged USD$700 000 loss in interest which was not paid back to the pension fund. Firm’s audit highlights FML bosses fleece policyholders of US$3.5 million


NewsHawks News Page 3 1ssue 170, 15 Marxh 2024 BRENNA MATENDERE AUDITORS who conducted a forensic investigation into the affairs of First Mutual Life Assurance (FML) have questioned an investment made by the firm into a local insurance company and raised fears the deal resulted in revenue leakages. FML is the second-largest life assurance company in Zimbabwe after Old Mutual by market share and also provides retirement, medical insurance, micro-insurance and other long-term financial security products. The company is a wholly-owned subsidiary of First Mutual Holdings Limited (FMHL) which provides primary individual and group life assurance cover. The forensic audit was conducted by BDO and RIMCA Solutions. They investigated the treatment of realised and unrealised gains for both policyholders and shareholders over the investigation period stretching from 1 February 2009 to December 2021. In response to a directive from the Insurance and Pensions Commission (Ipec) issued in 2007 requesting FMHL to reduce its 65% shareholding in Tristar, FMHL sold 57.3% of its stake in Tristar to FML policyholders and shareholders in March 2008. Subsequently, a call for capital was made to group companies to subscribe to the investment in Tristar on 25 March 2008. FML policyholders and shareholders followed their rights and maintained their shareholding. However, FML shareholding in Tristar resulted in losses being incurred by the company from 2009 to 2017 when it was eventually disposed. In an investment committee meeting, a call for capital was made by Tristar as it was experiencing solvency strains which was causing it not to write any new business. FML policyholders invested U5$350 000, and the company also transferred a building with a book value of Us$200 000 co-owned by policyholders and shareholders in lieu of an actual cash injection as capital. However, the auditors detected potential abuse of funds in this deal. “We were not availed the fair valuation report of the building at the date of transfer hence we could not verify if the amount at which it was transferred reflected fair value,” reads part of the auditors’ report. “We could not get a satisfactory explanation as to why policyholders were made to inject capital into Tristar, a company which was experiencing solvency strains as reported in the Board minutes of 2 September 2009." The auditors also questioned delays in implementing an Ipec corrective order. On 13 May 2012, Ipec issued a corrective order indicating that the shareholding structure in Tristar was opaque and confusing. The corrective order stated that there was a need to rationalise FML shareholding in in Tristar and transfer Tristar shareholding to AFRE Corporation as the rightful owner of the business. “The shares were eventually sold in 2018, however, we were not availed information to show how the selling price was determined and if it reflected fair value. We could also not verify how much was received rom the sale and how it was accounted for. “We however noted that the investment in Tristar had a carrying amount of US$819 000 when the corrective order was issued in 2012 and the amount had dropped to US$23 129 when it was eventually sold 6 years later. This means the delay in the disposal resulted in a financial loss to the policyholders of US$795 891,” reads the report. The auditors said FMHL group chief executive officer Douglas Hoto stated that FMHL sought to capacitate Tristar through investment by its group companies. At the time of reinvestment, FML Policyholders made a Zimbabwe dollar investment in Tristar in an effort to mitigate against the inflation risk associated with a currency that subsequently became defunct. This investment was made alongside the FML shareholder and FMRE. By 2008 the policyholder was now a shareholder, and all shareholders followed their right to ensure business continuity and protecting their investment. Subsequent to 2008, the shareholder continued to put money into the business to sustain its operation. Regarding delays in implementing the Ipec's corrective order, Hoto told auditors that the company made sure that FML policyholders did not follow their rights in all subsequent rights offers and this resulted in the FML policyholder interest in Tristar being diluted from 35% to 1.06% over six years. “At each juncture, FML shared progress reports with Ipec and advised how the business was disinvesting and no adverse comments were received. Loss as a result of the delay in implementing the corrective order should be made good by the shareholder,” said the auditors in their recommendations. FMHL group chief executive officer Douglas Hoto First Mutual shareholding in Tristar under scrutiny


Page 4 News NewsHawks Issue 170, 15 Marxh 2024 NATHAN GUMA FIRST Mutual Life Assurance’s (FML) accounting system has come under scrutiny amid revelations that there has been an overstatement of assets and capital guarantee charges, prejudicing policyholders, a forensic investigation has revealed. FML, a wholly-owned subsidiary of First Mutual Holdings Limited (FMHL) which is Zimbabwe’s second-largest life assurance company by market share, provides retirement, medical insurance, micro-insurance and other long-term financial security products. In 2022, the Insurance and Pensions Commission (Ipec), a statutory body, launched a forensic investigation into the affairs of FML over its failure to separate assets between shareholders and policyholders. The audit by actuarial experts BDO Chartered Accountant Zimbabwe and Rimca Solutions, completed on 17 February 2023, has opened a can of worms showing serious over-statements which have been prejudicing policyholders. Findings by the audit have shown that FML was using wrong accounting methods between 2009 and 2015, giving a false impression that it was in a financially favourable position.  From 2009 until the 2015 financial year, the company was using equity accounting for its investment in First Mutual Properties (FMP), which was not permitted under International Accounring Standard (IAS) 27 accounting system during that period. “No impairment write downs were done. Since the shares in FMP were listed, FML management should have used the fair value approach guided by IFRS and IAS 39,” reads the audit. “From 2009 until 2015, the preparation of separate financial statements was guided by paragraph 38 in IAS. It states that in separate financial statements, investments in subsidiaries, jointly controlled entities shall be accounted for either at cost, in accordance with the IFRS9 and IAS 9 effective January 1 2016, IAS was amended to allow a third option of equity accounting which requires that the resultant figure should be tested for impairment as guided by IAS 36.” FML also made a serious overstatement of its assets, raising the risk of misrepresenting the company's financial health, and investors, creditors, and other stakeholders. The company was recording consolidated financial statements with First Mutual Properties, in which it owned a 59.247% stake as at December 2021. “FMP bears a huge significance in the operations, financial states and solvency of FML. How is it reported and presented in the FML financial statements is very important in establishing the financial well-being of FML. “FML is a regulated entity under the Insurance Act (Chapter 24.07) and its solvency should be assessed at company level. Its returns to Ipec should also be based on its company financial statements and this was the case until the 2009 financial year. From the 2010 financial year until 2020, however, the board was using FML consolidated financial statements for solvency assessments and filing returns to the regulator. “This approach was incorrect as the consolidated financial statements incorporated other entities which had nothing to do with the life business. This resulted in FML reporting a more favourable financial position when in actual fact it was technically insolvent. The analysis shows the impact used consolidated figures as at 31 December each year on the solvency position that was reported by FML.” The audit also revealed that the First Mutual Wealth (FMW) money market fund was charging investment fees on the investment in the FMP from 2009 up to 2017, which Ipec says should not have been done. FMW is a short-term interest-earning fund tailor-made for investors seeking periodic and certain income while preserving the capital invested.  The fund invests in a broad selection of fixed income securities such as Treasury Bills, Bankers’ Acceptances (BAs), Debentures, Commercial Paper, Negotiable Certificates of Deposit (NCDs) and other Fixed Deposit Instruments. “At first the rate was 2% p.a. on the ZSE market values of the FMP from 2009 to June 2012. Then effective 1 July 2012, a rate of 0.9% p.a. was applied. This is despite the fact that the manager did not exercise any discretion or could make any decision on the investments other than only executing instructions from the FMHL,” reads the audit report. “That charging of investment management fees on the FMP investment was subsequently suspended reinforces our view that the fees should not have been charged in the first place. However, charging of fees was resumed in July 2021, albeit at a lower rate of 0.3% of the market value. “No satisfactory answer could be given on why charging of investment management fees was suspended for more than three years only to resume in 2021. Investment management fees charged on the investments in FMP should be reimbursed to the policyholders, together with interest to compensate them for the loss due time value of money. FML should delist FMP and bring it back as a subsidiary of FML.” The audit has also revealed an overstatement in capital guarantee charges aimed at safeguarding the initial investment amount from market downturns. Capital guarantee fees are calculated monthly by applying a specific rate to the appropriate mean fund. The main applicable rates over the investigation period were 2% for the Deposit Administration Fund and 3% for the Cash Accumulation Fund. “The over statement of the capital guarantee fees of US$5 926 594 and ZW$202 815 955 over the United States dollar economy and the Zimdollar economy respectively should be paid back to the policyholders by the shareholder inclusive of all interest forgone by the policyholder. “We noted that the asset portfolio that makes up the funds included the investment in FMP which was valued at Net Value with no writedown for impairment to the recoverable amount. Non-impairment of FMP increased the asset value that formed part of the asset base (mean fund value) used for computation of capital guarantee fees payable by policyholders to the shareholder,” reads the audit. FML accounting system sparks huge controversy


NATHAN GUMA AN audit by statutory body Insurance and Pensions Commission (Ipec) into life assurance company First Mutual Life Assurance’s (FML) operations has revealed that the it has been investing millions in policyholder funds without written prior informed consent, leading to huge losses. In 2022, Ipec, a statutory body, launched a forensic investigation into the FML, a wholly-owned subsidiary of First Mutual Holdings Limited (FMHL) which provides primary individual and group life assurance cover over its failure to separate assets between shareholders and policyholders. The audit by actuarial experts BDO Chartered Accountant Zimbabwe and Rimca Solutions, completed on February 17, 2023, has shown that the company has been investing the funds without written consent, thereby prejudicing policyholders. For instance, while policyholders also invested a principal amount with a value of US$2 245 970 into the First Mutual Funeral Services Bond, only US$36 762 was realised, which was computed as loss on exchange rate from 2018-2022. In response, FML denied prejudicing policyholders saying the perceived loss was a result of changes in macro-economic regulations. “The FMS bond was issued in October 2018. In terms of the Statutory Instrument 33 of 2019 issued on 22 February 2019, paragraph 4d states that “for accounting and other purposes, all assets and liabilities that were immediately before the effective date valued and expressed in United Stetes dollars (other than assets and liabilities referred to in Section 44C (2) of the principal Act shall on and after the effective date be deemed to be values in RTGS dollars at one-to-one to the United States dollar,” FML said. “The business applied the requirements of the statutory Instrument (SI 33 of 2019) and hence references to values in United States Dollars should be interpreted in mean Zimdollar. “The change in currency, which happened through SI 33 of 2019 was a function of macro-economic regulations. Any perceived loss arising from this statutory decision cannot be ascribed to and is outside the control of the shareholder. FML respectfully disagrees to any prejudice to policyholders.” Findings by BDO have also shown that FML has been investing policyholder funds without written consent of the policyholders, who are represented by the company’s board. For instance, in 2013, an employee mortgage scheme was structured by the FMHL to work in partnership with selected financial institutions such as CABS, FBC, NMB, with US$2 860 885,04 and ZW$6 734 832 placed with financial institutions as surety to mortgages between 2013 to 2021 alone. This is despite the 2015 FML main policyholders Funds Investment Mandate, stating that the investment manager shall undertake not to pledge, mortgage or hypothecate any of assets under management without the investors prior written consent. “The investor referred to here is the FML board,” reads the audit. “While the investment mandate requires that the investment in long terms loans and unlisted securities require the written constent of the investor, we were not availed evidence of FML Board approval for the investment as the investpor on behalf of policyholders.” For every dollar lent out by the banks as mortgage financing, there would be a corresponding dollar invested in a money market deal to FML, according to the audit report. To correspond to the tenure of the mortgages which ranged from 15-20 years, the money market deals would be rolled over each time on maturity. In 2019, another employee loan scheme was structured where First Mutual Microfinance would give loans with a tenure ranging up to 82 months. The arrangement was similar to the banks where FML was supposed to make equivalent placement. The FML 2010 summarised investment mandate states that ‘investments in long-term loans and unlisted securities shall require the written consent of the investor’. NewsHawks Page 5 1ssue 170, 15 Marxh 2024 Life assurance giant invests millions through backdoor News


Page 6 News NewsHawks Issue 170, 15 Marxh 2024 PUBLISHED 2 years ago on 12 Feb 2022 by The NewsHawks. The issue of separating assets between shareholders and policyholders is a key askpect of insurance regulation and management. It is essential for insurance companies to maintain a clear separation of assets to protect the interests of policyholders and ensure that their claims can be paid in the event of insolvency or other financial difficulties. There have been recent developments and issues relating to the separation of assets at First Mutual Life — the second largest life assurance company in Zimbabwe by market share after Old Mutual. The NewsHawks has been following the story for sometime now. MOSES MATENGA THE Insurance and Pensions Commission (Ipec), a statutory body, has launched a forensic investigation into the affairs of First Mutual Life Assurance (FML), a wholly-owned subsidiary of First Mutual Holdings Limited (FMHL) which provides primary individual and group life assurance FML, the second-largest life assurance company in Zimbabwe by market share that also provides retirement, medical insurance, micro-insurance and other long-term financial security products, has also effectively defied the law on separation of insurance and pension businesses due to internal squabbles over the issue, which has led to some executives being removed. Zimbabwe’s leading financial services conglomerate, CBZ Holdings, is in the process of taking over FMHL to build a business behemoth in the local and regional markets. In a letter dated 8 February addressed to FML board chairperson Samuel Rushwaya, copied to FMHL chief executive Douglas Hoto, FML boss Reuben Java and FML acting principal officer Williefaston Chibaya, Ipec commissioner for insurance, pension and provident funds Grace Muradzikwa says a forensic investigation into the company’s issues has begun after it failed to comply with the asset separation policy and law. “Reference is made to our letter of 31 December 2021, wherein the commission expressed concern over the failure by FML to adhere to the agreed timelines and the quality of submission thereof,” the letter says. “Notwithstanding your late submission, and after assessing your submissions of 24 and 29 December 2021 respectively, regrettably, they were still not adequate to enable the completion of the asset separation exercise of the entity. “To this end, the commission is proceeding with instituting a forensic investigation into FML as communicated in our letter of 18 November 2021 in line with Section 67 of the Insurance Act (Chapter 24:07). The commission has therefore commenced tender processes to obtain a forensic investigator. “The full costs of the forensic investigation shall be recovered from FML in terms of Section 67 (7) of the Insurance Act (Chapter 24:07). The commission will keep your organisation updated on the processes of the forensic investigation. Be guided accordingly.” Section 29 of the Insurance Act [Chapter 24:07] and Section 16 of the Pension and Provident Funds Act [Chapter 24:09] require separation of assets between shareholders and policyholders; and insurance and pension businesses. The verification of whether insurers are complying with statutory provisions relating to this is being done by Ipec retrospective to 2009. Ipec is established in terms of the Insurance and Pensions Commission Act [Chapter 24:21] to regulate the insurance and pensions industry with the objective of protecting the interests of policyholders and pension scheme members. The commission reports to the ministry of Finance. It began operations in 2005 after it was weaned off the ministry. Benefits expected from the ongoing verification exercise include: l Identifying assets that may have been misappropriated from policyholders to shareholders or vice versa; l Quantifying the assets that may have been misallocated and apportioning them to their rightful owners; and l Enhancing compliance with the legal requirements for asset separation as a way of improving good governance in the insurance and pension sector. The project, which is being done at industry level, is now at the tail end. Conclusion of this project will inform additional regulatory and governance reforms as well as controls to ensure transparency, fairness and equity between policyholders and shareholders. The pensions industry has remained resilient in the face of Covid19-induced challenges and high inflation in the past few years. According to Ipec’s 2020 annual report, key positives were noted in investment earnings driven by fair value gains on real assets which constitute the huge chunk of pension funds’ balance sheets. The total asset base of the industry increased in nominal terms by 273.06% from ZW$29.55 billion as at 31 December 2019 to ZW$110.24 billion as at 31 December 2020. This was against an annual inflation rate of 348.6% for December 2020, implying a decline in the industry’s assets in real terms. Annual inflation for January was 60.61%, down from a peak of 761% in 2020. While the rate of asset growth was below inflation, Ipec managed to ensure that the fund members enjoyed the nominal growth in asset value through enforcing the requirements of the Guideline for the Insurance and Pensions Industry on Adjusting Insurance and Pension Values in Response to Currency Reforms. This saw pensioner values being adjusted upwards to reflect the revaluation gains realised by the funds. The insurance industry wrote gross premium amounting to ZW$18.48 billion for the year ended 31 December 2020, representing a nominal increase of 586% from ZW$2.69 billion written in 2019, resulting in real growth of 52.9%. The soundness of the industry was enhanced as compliance with minimum capital improved from 66% in January 2020 to an average compliance of 87% by December 2020. Funeral assurance companies had the lowest average compliance ratio at 38%. Total assets for the insurance industry increased by 191% from ZW$17.19 billion in 2019 to ZW$50.04 billion as at 31 December 2020, a negative real return of -35.1%. Figures for 2021 were not immediately available. Efforts to get comments from Hoto and Java failed as they did not answer repeated calls to them. FML faces investigation over asset separation law defiance CBZ Holdings, is in the process of taking over FMHL to build a business behemoth in the local and regional markets.


NewsHawks News Page 7 1ssue 170, 15 Marxh 2024 JONATHAN MBIRIYAMVEKA President Emmerson Mnangagwa defied public uproar, including legal experts' concerns, and proceeded to swear in Deputy Prosecutor-General Michael Reza as new Zimbabwe Anti-Corruption Commission (Zacc) chair to replace Justice Loice Matanda-Moyo, now Prosecutor-General, despite that his move is grossly unconstitutional. His move has left Zacc stuck with a compromised chair and enveloped in an aura of illegality, while the constitution lies brazenly violated. A core tenant of Zimbabwe's faltering constitutional democracy is that no one — not even the president — is above the law. This goes to the absolute core of how the rule of law functions in Zimbabwe. Mnangagwa appointed Reza in terms of Subsection 1 (a) of section 254 of the constitution. His controversial appointment on Tuesday to replace Matanda-Moyo does not meet the required seven years experience in legal practice for him to take that position. Mnangagwa ignored immediate grave concerns that his appointment violated the constitution. A senior legal official in the Office of the President and Cabinet immediately tried to alert Mnangagwa to the unlawful appointment to reverse it on Tuesday evening, but she was blocked. Yet the constitution is clear. Any Zacc commissioner who is a lawyer must have seven years legal practice or be eligible to be appointed a judge or has been a High Court or Supreme Court judge. Reza registered to practice law in 2020. He applied to join the Law Society of Zimbabwe the same year. This means he only has about four years experience, which is not enough for him to become a Zacc commissioner, worse still its chairperson. Reza holds a Bachelor of Laws (LLB) degree from the University of South Africa and a Master of Laws (LLM) degree from the Midlands State University, but does not qualify to be a commissioner, let alone chairperson. Apart from the need to have seven years experience in legal practice, the other alternative and relevant requirement for Reza is having 10 years experience in investigating crime. However, even if Mnangagwa appointed Reza on the basis that one can be a commissioner if they have 10 years experience in investigating crime, the problem is that after the removal of Matanda-Moyo and Jessie Majome, there is no lawyer in the commission, moreso with the constitutionally required seven years experience. Majome has been appointed chairperson of the Zimbabwe Human Rights Commission. While some lawyers say Reza does not necessarily need to have seven experience if there is already another qualified lawyer in the commission, others say he is technically out because he does not meet basic requirements to be a commissioner in the first place through the legal route, his own profession. Reza’s sympathisers and allies say that he came in through the requirement that he has at least 10 years experience in investigating crime. However, analysts say Reza is neither qualified nor suitable to be a Zacc commissioner, moreso chairperson, for various reasons. Besides, Reza is entangled in several controversies on cases of persecution by prosecution of opposition activists and leaders, and some corruption cases. Qualifications for lawyers Legal practitioners (i.e. lawyers) have to possess certain qualifications before they can be registered and allowed to practise in Zimbabwe. The qualifications for registration are set by a body called the Council for Legal Education which is established in terms of the Legal Practitioners Act. Generally persons are qualified to be registered if: l They have a degree, diploma or certificate which the Council has declared to be a “designated legal qualification”; and l They have passed one or more professional examinations set by the Council. There are two ways in which the Council can declare qualifications to be designated legal qualifications: l It can publish a general designation notice in the Gazette. Holders of qualifications designated in this way are automatically exempted from writing the Council’s professional examinations before they are registered as legal practitioners. l If a person who holds a particular qualification — usually a foreign one — applies to the Council, the Council can designate the qualification in relation to that particular holder, provided the holder passes all or most of the professional examinations. The Council decides on an individual basis which examinations the person should write. Until now the only qualifications that enjoyed general designation were the LL.B. (Hons) and BL degrees of the University of Zimbabwe and the BL (Hons) of Midlands State University. Holders of other Zimbabwean law degrees — for example the degree from Great Zimbabwe University — had to apply individually to the Council for designation of their degree before applying to the High Court for registration. New Designation of Qualifications Last Friday, in SI 240 of 2021 [link], the Council extended the general designation to cover all the following degrees: University of Zimbabwe: l The full-time LL.B (Honours) and BL degrees, and l The part-time LL.B (Honours) degree that began in 2016 Midlands State University: l The BL (Honours) degree. Great Zimbabwe University: l The BL (Honours) degree. Zimbabwe Ezekiel Guti University: l The BL Honours degree. The effect of the notice is that holders of these designated degrees will be able to be registered as legal practitioners without having had to pass the Council’s professional examinations. The new Zimbabwe Anti-Corruption Commission chairperson Michael Reza (right) being sworn in by President Emmerson Mnangagwa at State House yesterday. Mnangagwa violates constitution over new Zacc chair appointment


Page 8 News NewsHawks Issue 170, 15 Marxh 2024 ZIMBABWE, the poster child of hyperinflation, is allowing a free fall in its currency that it’s no longer keen to defend and is instead working on a new exchange rate potentially backed by gold. The country’s local dollar has weakened against the US dollar every day in 2024, sending the price of a single loaf of bread from Z$6 105 to Z$19 357 in a mere 11 weeks. Such a loss of purchasing power has historically pushed the central bank to intervene and arrest the slide, but this time, there has been no action. “They’ve left the exchange rate to go,” said Tony Hawkins, an economist and former professor at the University of Zimbabwe. “I had never thought that the rate would be allowed to go like this. It means they are thinking of a new currency.” This is Zimbabwe’s sixth attempt to have a functional local currency since 2008 when inflation crossing 231 million percent left it worthless. Despite previous failures due to lack of public confidence — the oxygen of any fiat currency — President Emmerson Mnangagwa announced last month his government will introduce a “structured currency.” Then, Finance Minister Mthuli Ncube said it may be backed by gold and the central bank postponed its monetary-policy statement to give final touches to the plan. The indefinite postponement of the monetary-policy statement has triggered anxiety among investors, leading to speculation about whether policymakers are in agreement over how to roll out the proposed change, according to the country’s largest independent asset manager, Imara Asset Management, which oversees over US$100 million. “Neither the minister nor the central bank has come out with a clear and rationale reason around the delays,” said Shelton Sibanda, chief investment officer at the Harare-based brokerage. The lack of clarity has resulted in a “wait-and-see attitude, which is not good for planning purposes. If you are not sure how the proposed changes will impact your business, you adopt a cautious approach,” Sibanda said. When Zimbabwe makes the switch, it will be the only country in the world with the gold standard. “There are currently no nations that back their currencies with gold or any other precious metal,” said Peter C. Earle, a senior economist with the American Institute for Economic Research. “There have been political overtures in the past to create some form of commodity standard, but the siren call of money printing always gets the upper hand.” Zimbabwe’s tendency to keep printing money means its citizens show little faith in any legal tender brought forward by the government. The US dollar accounts for 80 percent of all economic transactions in the country, according to the national statistics agency. Even when people want to use it, the Zimbabwe dollar can hardly buy anything. The highest denomination, the Z$100 note, must be carried in large wads to carry out the smallest of transactions. The currency has lost 68 percent against the US dollar this year, to Z$19,332. It trades much weaker on the widely used parallel market at Z$22 000, according to the ZimPriceCheck.com website. Despite the losses, the central bank hasn’t conducted any dollar auction this year. A member of the central bank’s monetary policy committee, Persistence Gwanyanya, said authorities see the official and unofficial exchange rates currently on a path of “converging.” “Money printing is a very effective tool for dealing in political favors,” Earle said. “And when inflation eventually arrives, as it always does, it can be blamed on enemies of the regime in power: the wealthy, the West, speculators, and so on.” Once, the government ordered a temporary shutdown of the country’s largest mobile-money platform. On other occasions, they imposed a ban on bank lending and even halted payments to government contractors they suspected of colluding in the selloff. Zimbabwe has endured a series of policy U-turns as it searched for a viable currency to call its own. Authorities abandoned the worthless local dollar and embraced the greenback in 2009. Then, they reintroduced the Zimbabwe dollar in the electronic form around 2015, pegged to the US currency. That changed in 2018, when the peg was removed, impoverishing thousands of Zimbabweans who held their savings in the electronic currency. The government then made the use of the US dollar illegal in 2019, but reversed that decision upon realising that economic activity won’t happen without it. It has also been toying with gold over the last two years — introducing gold coins in 2022 and gold-backed digital tokens last year as a way to help ease the high demand for US dollars. The current plan to have a gold-linked paper currency is the culmination of this trial-and-error process. While people wait for the newest plan on the currency, the government itself is signaling its lack of confidence in the Zimbabwe dollar by using the greenback for some of its activities such as passport fees and road tolls. Meanwhile, the central bank is preparing for a new governor at the end of next month, when John Mushayavanhu will replace incumbent John Mangudya. An announcement of the structured currency may be waiting for the leadership change. In the meantime, the nation has been shoring up its bullion reserves, presumably to support the gold standard. Many questions remain unanswered. People are waiting to see whether an entirely new currency will be launched or a gold standard applied to the current one. They also want to know if the US dollar will be banned again. That’s left businesses in a limbo, said Mike Kamungeremu, president of the Zimbabwe National Chamber of Commerce. “Everyone is keen to know what exact form the structured currency will be,” Kamungeremu said. “Given past losses suffered due to currency reforms people tend to employ a wait and see approach.” — BLOOMBERG. Zim lets currency free-fall, weighing the gold standard


NewsHawks News Page 9 1ssue 170, 15 Marxh 2024 THE head of Zimbabwe’s electoral observer mission to the 2024 Russian presidential election Priscilla Chigumba — currently chairperson of the discredited Zimbabwe Electoral Commission (Zec) — says the controversial Russo poll was held in "a peaceful and conducive environment" as well as run in an "efficient professional manner". This is contrary to some reports that the elections were held in an authoritarian and repressive environment. Chigumba, who has presided over stolen elections in Zimbabwe, including last year's brazenly rigged polls, endorsed the Russian process without any reservations. She studiously ignored grave concerns raised by some election missions, particularly repressive tactics against opposition candidates. Opposition candidates were either jailed, or fled into exile, or lost their lives in the process. Zec is notorious for rigging elections and has done huge damage to democracy at home. Russian strongman Vladimir Putin cruised to a landslide victory with 87% of the vote in weekend elections celebrated by him and his allies, while widely condemned elsewhere. Even by low Russian standards, Zimbabwe is a dramatic case study when it comes to rigging elections. A Russian opposition leader once described Zimbabwean elections as a scandal, saying some Russo elections were worse than those conducted by Harare. The win landed Putin into a fifth term as president after seeing off three other candidates all rubber-stamped by the Kremlin. There was no serious and credible opposition to Putin. The Kremlin had eliminated competition well ahead of the polls. Some of Putin's opponents were eliminated through jail, exile or death. Aleksei Navalny, a prominent Russian opposition figure and anti-corruption activist, for instance, died in detention in February. Navalny died in the Arctic penal colony where he was serving a 19- year sentence. His supporters staged symbolic protests across Russia during the weekend. Their "Noon against Putin" initiative meant that long queues of voters turned out in Russian cities, including Moscow and St Petersburg as well as embassies abroad, but did not have an impact of the polls. Putin said his victory showed people still have overwhelming confidence in him and want his rule to continue. He said Russia's democracy was more transparent than many in the West. However, Putin's critics at home, in the region and in the West slammed the elections as a charade. Next door, Ukraine's President Volodymyr Zelensky said "the Russian dictator is simulating another election". Russia and Ukraine are locked in a deadly war since 2022, although the war started in 2014. The United States said Russian elections were "obviously not free nor fair" as Putin had imprisoned his opponents and prevented others from running against him. Germany called it a "pseudo-election" under an authoritarian ruler reliant on censorship, repression and violence. UK Foreign Secretary Lord Cameron condemned "the illegal holding of elections on Ukrainian territory". Nikolai Petrov from the Chatham House foreign affairs think tank in London said the result made Russia a “totally consolidated autocracy.” — STAFF WRITER. Voters cast ballots in Russia’s recently held presidential election. Zec chairperson Priscilla Chigumba Priscilla Chigumba endorses Russian presidential election


Page 10 News NewsHawks Issue 170, 15 Marxh 2024 Presidential spokesperson attempts to trash resettled villagers’ suffering WHEN HIRED GUNS FIRE BADLY: Just read this piece by @NewsHawksLive and see it makes any sense at all. The turgid report mentions two “majorities”! The first “majority” baldly claims most families displaced by Sabi Star Lithium Mine were resettled in Murambinda “town”. Anyone with a slight sense of Urbanisation will tell you there is no Murambinda Town, much as we Buherans wish it so; only a growth point! Second, if these thumping reporters and their editors had visited Murambinda, they would have realised the families resettled in Murambinda settlement and visibly along the highway, do not exhaust their ten fingers! And the modern housing units are loudly painted to be visible from the Chivhu-Dorowa-Nyazura Highway! Third — and this was published in serious national press — families told the mining concern where the elected to be resettled, in line with lifestyles they aspired to have thereafter. Only a handful opted for housing units in the growth point, citing old age and healthy support from their children both inside the country and abroad. Their wishes were granted. One family opted to go back to the Midlands; as with the first group, the family was taken back to a modern facility in Midlands where it has since resumed normal rural agricultural life. Again this was made public, in the full glare of serious national media. The greater part of the families opted to be resettled further down in Buhera, well away from the claim. These had modern housing units built for them, supported by modern amenities. They were also compensated for relocation and resettlement, compensated handsomely. In addition, the miner adopted several schools, all of them along the road that tears off the Highway at Gaza Township, to run down to the site of the mine. The schools have since been electrified and modernized. Also included in the scheme is a sibling of my High School Makumbe Mission, a school on the verges of Mwerahari River called Nyashanu Mission. I helped open the school soon after the war. You only need to talk the 1980 class at that RCZ Mission to know how things have changed ever since, and particularly with inputs from Sabi Star. More important, some 150KVA line has been pulled to the Mine. It will not vanish after the resource gets exhausted, and after the miners return to China’s Hong Kong. More important, Sabi Star employed most able-bodied men and women from the area; they exhausted the working population from within that community until they extended their recruitment drive westwards, right to my village, Chikuvire. By the way, the mine used to be run by some British-South African interest long back, and whose scale made it worse than artisanal. They abandoned the effort and deserted Buhera, leaving a trail of destroyed environment and sprawling poverty in their wake. Of course @NewsHawksLive were not there, which is not to say the history of the resource is unavailable to diligent journalism, however young! Good propaganda must be plausible. This one isn’t; the Westerners have invested in a blunt team of incompetent journalists who lie foolishly! Presidential spokesperson George Charamba


NewsHawks News Page 11 1ssue 170, 15 Marxh 2024 Villagers in Murambinda, Manicaland. PRESIDENT Emmerson Mnangagwa’s spokesperson George Charamba has attempted to rubbish The NewsHawks’ investigation into the plight of villagers from Tagarira and Mukwasi villages in Murambinda who were moved to pave way for lithium mining at Sabi Star Mine, owned by Max Mind Investments a subsidiary of Chinese giant Chengxin Lithium Group Company Ltd. Forty families were moved to pave way for mining, with 22 of them being resettled in Murambinda Town, 17 within the communal area while one family chose to be relocated in Mberengwa as reported by The NewsHawks. Our news editor Owen Gagare visited Murambinda Town and Mukwasi Village in Buhera in January alongside Thandiwe Garusa, a member of the Zimbabwe Investigative Journalism Network (ZIJN) to investigate the condition under which the villagers were living following their relocation. They wrote six stories from the visit and produced a short documentary where relocated persons recounted how the relocation had affected their lives. The NewsHawks as part of its mandate to give a voice to the voiceless while playing a watchdog role, sought to speak to the community members who were affected by the mining operations through relocations. All the people we spoke to said they were coerced into signing compensation agreements by government officials and Chief Nyashanu. Those at Murambinda Town complained that their sources of livelihood where disrupted rendering them food insecure. They complained that they were given sub-standard houses which were developing cracks and said the company failed to fulfill some promises. Villagers who were relocated within Mukwasi village also said their lives are also worse off. Charamba, who is also from Buhera, began by claiming that Murambinda is not a town. Despite being a senior government official, it seems he is not aware that Local Government minister July Moyo conferred town status to Murambinda in April 2022. Murambinda now has a town board. Indeed, the houses which Max Mind built for the relocated families are visible from the Chivhu-Dorowa-Nyazura highway. We were there. We saw them. They do indeed look very good, but some of them have developed cracks. Our reporters saw it with their own eyes and took pictures and videos. We reported on the compensation which the villagers received after signing compensation agreements. But the villagers said they signed the agreements under duress, which was disputed by the Buhera District Development coordinator Freeman Mavhisa and company spokesperson spokesperson Emmerson Njanjamangezi, who insisted they voluntarily chose where to settled and that a multi-stakeholder committee oversaw the relocations. Charamba claimed that the majority were not resettled in Murambinda, but the figures we received from the villagers, Max Mind, and Local Government ministry indicate that 22 of the families were relocated in the town. We are aware of the community projects carried out by Max Minds, including painting schools, drilling boreholes at schools and constructing health centres. We mention them in our story and perhaps, some people in Buhera are happy about these developments. We however spoke to resettled families and they insist their lifestyles have deteriorated after the relocation. Most of the affected families say none of their members was employed by the company, contrary to what Charamba says. — STAFF WRITER. On the ground: Displaced villagers say livelihoods have deteriorated


Page 12 News NewsHawks Issue 170, 15 Marxh 2024 OWEN GAGARE MAX Mind Investments may have taken advantage of the Tagarira and Mukwasi villagers’ ignorance of the law to evict 40 families from their ancestral lands without adequate compensation. This is the conclusion of an environmental lawyer and community-based organisations. The relocated families, particularly those who were placed in the town of Murambinda, are struggling to adapt to an urban environment. The families say they signed compensation agreements under duress, after being told by government officials and Chief Nyashanu that they had no choice but to move since the investment had the government’s seal of approval. Buhera district development coordinator Freeman Mavhisa, the most senior civil servant in the district, denies this. Obert Bore is a project officer with the Zimbabwe Environmental Lawyers' Association and a Sylvester Stein Fellow. He told The NewsHawks that there was a chance that villagers could successfully challenge their relocation if they could prove that they were coerced. However, he cautioned that the evicted villagers are in a weak position because they signed a compensation agreement with the company, which is currently mining lithium where they were previously located. Max Mind registered the agreement with Zimbabwe’s Adminstrative Court to give effect to the relocations. “The mining company had at its disposal lawyers who drafted the agreement, whilst the community had to rely on the goodwill of the company to get a fair settlement. Some of the community members expressed sentiments that they would have wanted US$2 500 as compensation, but because they were not aware that section 80 of the Mines Act allows them to take the matter to the Administrative Court after failing to reach an agreement, they accepted what the company offered them,” Bore said. “It was clear that Max Mind Investments took advantage of the community’s ignorance and lack of knowledge of the law. Had the community sought legal opinion and representation from public interest organisations during the negotiation, they would have been able to demand compensation commensurate to the loss of their property and the future loss of their source of livelihoods.” Bore said the community could challenge the relocation if they could prove that they were unduly influenced, among other reasons. “The major challenge is that the community had already signed the compensation agreement, which was unfair. To challenge a contract/agreement, the community will have to prove lack of capacity, coercion, undue influence, misrepresentation and nondisclosure, unconscionability, and a public policy mistake,” Bore said. “In this case, the community members could challenge the compensation agreements on the basis that they were coerced and unduly influenced to sign the agreements against their wishes. Evidence would need to be proffered for the court to ascertain whether indeed there was coercion. “The community members entered into an agreement with Max Mind Investments which stipulated that once the new houses constructed by the company mine had been completed, they would have to vacate their old homes immediately, failing which the Company would order the Sheriff to relocate them.” Bore said there was also a loophole that could be exploited by the community. “Clause 6 of the compensation agreement stipulates that if there is any inconsistency between the provisions of the Mines and Minerals Act [Chapter 21:05] and the terms of the agreement, the terms of the agreement will prevail. The effect of the clause is that if there is a dispute regarding statutory provisions within the Mines and Minerals Act as they may apply to the compensation agreement, the agreement between the parties would supersede the act. “In principle, parties agreed to circumvent the law. A dispute could arise from any clause in the agreement. Such a clause could be inconsistent with the Mines and Minerals Act. If challenged in court, an argument could be made to declare the agreement voidable and unenforceable on the basis that parties cannot agree to circumvent a law of general application. “In this regard, the ex turpi causa non oritur actio rule would be applicable. This rule means no action can arise from a disgraceful or dishonourable cause, and an illegal contract is void and unenforceable.” Bore gave the example of RCM Civil (Private) Limited v Petrotrade (Private) Limited, whereby parties agreed to proceed with a project after the Environmental Management Agency had stopped the project for failure to comply with section 97 of the Environmental Management Act [Chapter 20:27]. “In that case, the court held that the agreement between the parties to move to the site before the issuance of the EIA (environmental impact assessment) certificate was illegal, and parties were in pari delicto (equally at fault). It was then held that courts will not enforce an illegal agreement,” he said. “Following the precedent set by Jajbhay versus Cassim, the court expressed that the rule is absolute, and the purpose of this rule is to discourage illegal agreements. Furthermore, the remarks of the South African Appellate Division in Sasfin (Pty) Ltd v Beukes are apposite. It was stated that: ‘Agreements which are clearly inimical to the interests of the community, whether they are contrary to law or morality, or run counter to social or economic expedience, will accordingly, on the grounds of public policy, not be enforced’,” Bore said. Relocated persons, especially those at Murambinda, are struggling to adjust to living in an urban environment, where they have to buy food and pay for electricity, among other things. The majority were surviving on farming in their former home setup. They had large fields and gardens as well as domestic animals to ensure that they were food secure. Bore said the interests of the community members could have been better taken care of by ensuring that there was no disruption of their livelihoods. “The community should have been given land for farming so that they could continue to sustain their livelihoods. Community members could have been prioritised for employment at the company. In addition, the company should have started projects for community members to sustain themselves,” Bore said. “Those who had their family graves exhumed should get psycho-social support for the traumatic experience they had to undergo.” Bore also said the community was disadvantaged in that members were not given title deeds for the houses. In the absence of title deeds, it is not clear if they have total ownership of the homes. “The lack of title deeds for houses allocated to relocated families at Murambinda Growth Point exposes them to evictions in the future in the event that government or the company decides to remove them. This is comparable to the situation in Arda Transau, where families relocated by diamond-mining companies in Marange do not have title over the houses built for them close to Mutare city by the diamond-mining companies,” he said. Bore said the government should put in place a framework for relocation and compensation to ensure that such problems do not recur. “As a result of the lack of a framework, there is no uniformity in relocations that are done to pave the way for development. A framework on relocation is vital to ensure that communities’ rights and interests are adequately safeguarded, and to ensure that the process is inclusive and consultative for all stakeholders to negotiate before any relocations can be effected.” Emmanuel Mauya from the group Community Innovations for Development, which operates in Buhera South, said the government should rescue the families who were relocated to Murambinda by addressing their numerous concerns. He said the majority were living in poverty because of the disruption to their livelihoods. “Their livelihoods have been compromised. They were given houses, but this is not a benefit at all because they had homes in the village. The money they were given is not enough to sustain them for a lifetime. They are now very vulnerable because their livelihoods were affected,” Mauya said. “Before eviction, they were farming, practising artisanal mining and doing other projects such as basket weaving, which they can’t do now. One of the affected persons was a well-known herbalist who sustained her family through her work, but at Murambinda, she does not have access to the herbs. “So, the government needs to go back to the drawing board and see how the people can be empowered. Government must call all stakeholders, including traditional leaders, community leaders, political leaders, civil society and residents’ associations, to a meeting. Binding resolutions must be made, with timeframes for actioning, so that the people are assisted,” he said. Mauya said Max Mind should address concerns raised by the evicted community and neighbouring villagers. These include concerns over dust emanating from the company’s mining operations. He said the company should ensure that the community receives title deeds while also addressing concerns about reduced stand sizes, which contravene the compensation agreement. Buhera Residents Trust Network director Leonard Mabasa said the concerns raised by the community are genuine and should be addressed. “It’s not too late to revisit the compensation agreement from a human rights point of view. There are families who are overcrowded because some married children did not get houses of their own. That should be addressed,” he said. “Safety nets are necessary because most families are suffering. The company must honour all the agreements it made with the villagers, whether verbally or written. They must drill boreholes for each of the families as pledged. They must employ affected persons and address public health concerns as a result of dust and the chemicals being used at the mine.” Max Mind taking advantage of villagers’ ignorance of law


NewsHawks News Page 13 1ssue 170, 15 Marxh 2024 OWEN GAGARE BEFORE Max Mind Investments Zimbabwe (Pvt) Ltd, a subsidiary of Chinese giant Shenzhen Chengxin Lithium Group Company Ltd, could commence its operations in Zimbabwe, it not only had to move 40 families from their ancestral land, it also had to move the dead too. Some of the company’s mining operations are being carried out on what used to be graveyards. Villagers from Mukwasi and Tagarira villages in Buhera, situated in Zimbabwe’s eastern province of Manicaland, were left with little choice but to rebury their loved ones. This, to pave the way for the mining operations, which are expected to generate US$2 billion annually. Among the exhumed were bodies buried more than 40 years ago. Before the reburials, Max Mind Investments compensated affected families with US$1 500 for every grave of an adult and US$1 000 for every grave of a child. Some of the villagers say they were traumatised by having to rebury their loved ones. Others complained that their cultural beliefs and values were not respected during the process. The reburials aggravated already strained relations between the company and some community members, who are unhappy about how they were evicted and about their livelihoods having been disrupted. The villagers also say the company unilaterally reduced the amount of money it had promised to pay them as compensation for tampering with the graves of their loved ones — just as they had done with regard to the agreed compensation for relocation. “I don’t know if I will ever heal from the trauma I experienced,” said Martha Tagarira, whose son, Gibson, was among those exhumed and reburied. Martha gave birth to Gibson in 1983, but he died suddenly a month later. He had not shown any signs of illness and died while strapped to the back of his sister. The unexpected death hit the family hard. “I was made to relive the death of my son. It was very painful for me at the time (1983) because he did not show any signs of illness. I felt the pain again because it was a new funeral. My family gathered and we had to do the burial process again,” she said. “But what probably hurt me the most was that my son was not given a dignified burial. The company did not provide a coffin, like they did with others. The chief who was overseeing the process (Chief Nyashanu) said we were not eligible to get a coffin because Gibson was still young. “He said it was enough just to bury him wrapped in plastic, adding that we had not bought a coffin for him in the first place. “This really broke my heart. I was really hurt. I asked myself why they had removed him from his original resting place. I was hurt because his father, who buried him, is also now late. So, this time around, I bore the burden of reburying him without his support. Fortunately, his father was not reburied as he was buried in a section with a high grave population, so they just fenced in the area.” Tagarira said the company had initially offered to pay US$2 000 for each vandalised grave, but it unilaterally reduced the figure to US$1 500 for an adult and US$1 000 for a child. She said the US$1 000 she was given to rebury Gibson was a paltry sum. “I spent all the money buying food for friends and relatives who came for the reburial. It was a second funeral because we had to do everything done at funerals,” she said. “I will die an angry woman because of how I was treated by this company. I am living with the pain of being evicted from my village and then being dumped in town, without any means to survive, just so that they make money. To add insult to injury, they exhumed my son and made me experience pain again. “I keep asking why they didn’t just let him rest where he was.” Lahliwe Musikavanhu, a spokesperson for the evicted villagers, said some of the bodies that were removed were intact. In other cases, only skeletons were left. She said the exercise was painful for most villagers, adding that they had had no choice but to comply after being told that nothing could stop the mining. “We were told to tell our relatives, in our traditional way, that they would be moved to another resting place because they were buried where some riches belonging to the state had been found. People complied, but they were not happy,” she said. There’s no rest for the dead Martha Tagarira’s son Gibson was among those exhumed and reburied.


Page 14 News NewsHawks Issue 170, 15 Marxh 2024 OWEN GAGARE EVIAS Mukwasi (pictured) refused to vacate his property when Max Mind Investments relocated villagers from their ancestral land to commence its mining operations — and he has no regrets. His father is the head of Mukwasi Village, which is situated in Buhera district, Manicaland province. Despite living in a harsh environment in which he is forced to inhale dust and contend with flying rocks from the blasting operations at Sabi Star Mine, Elias says the hardships he is facing are nothing compared to the suffering that his colleagues who were relocated to Murambinda are enduring. Speaking to The NewsHawks from his home, he said he made the decision not to move after realising that the company was dishonest and noting that the traditional leaders and government officials who were supposed to look out for their interests were compromised. “I refused to be intimidated and bullied,” he said. “I didn’t even attend the last meeting where compensation agreements were signed. We were being stampeded into agreeing to move. They were thriving on fear and intimidation tactics because they drilled home the fact that the investment had government’s blessing. I told them that the only way I would move was if they brought a Caterpillar (heavy machinery) to forcibly relocate me. “With the benefit of hindsight, I am happy that I made the right decision.” Mukwasi’s home is situated nearest to the mine, just 300 metres away from the mine entrance. “When they start blasting, some rocks fly and land in my yard and beyond. I move out of my home every time they start blasting,” he said. “I am also literally eating dust day and night. When their trucks move, dust rises and we are forced to inhale it. There is also a smell that is always lingering in the air. I am not sure what chemical they are using. The whole community is concerned by the dust. “It’s evidently a tough life, but I am better off than my colleagues in Murambinda.” Mukwasi said he used to have a viable beekeeping project on the go, but it collapsed when mining operations commenced. He would periodically harvest honey from his beehives in the forests and mountains of the village before selling the honey to community members and other buyers. The beehives have all been vacated. He attributes this to the dust and stench emanating from the mine, which would have driven away the bees. Mukwasi said there were no benefits at all to relocation, especially for the villagers who were placed in Murambinda. “Look, I am comfortable here. They were offering a five-room house, but I already have a good home here. The houses they built are not better than mine. Mine is strong and I hear that the houses in Murambinda have already developed cracks,” he said. “Besides that, I have a borehole and I am irrigating my crops. I don’t buy food and I always have more than enough. If you look at my field there, I have maize on one hectare; I also have tomatoes and beans which I irrigate. I grow my own vegetables. I have cows, goats and chickens, so I am covered when I want milk or meat. If I were to relocate to Murambinda, I couldn’t take them with me. “I have solar energy here and I am able to charge all my electrical gadgets. So, there is absolutely nothing for me to gain if I am relocated. After all, the money they are offering is little, especially when one considers that the costs I will bear are for a lifetime.” The 40 families who were relocated received US$1 900 as compensation. Mukwasi was unimpressed with this paltry sum from the start. He was also unhappy that the company had reduced the amount of compensation originally pledged for the reburials and that it had removed these graves to make way for the mining operations. “Initially, they promised to pay US$2 000 for every grave of an adult being dug up, and US$1 500 for every grave of a child, but they later said they would pay US$1 500 for an adult and US$1 000 for a child. The process was not done well, especially as the company asked relatives and community members to handle the reburials. There were no burial orders. After various complaints, the government moved in and said the process should be done professionally. Nyaradzo Funeral Services then took over,” he said. “The fact that they changed the goal posts on payments was a warning sign that I should not trust them. “They promised boreholes for evicted families, but here in Mukwasi Village they only drilled one. The company did not compensate the people who had to move for their kraals, fowl runs and boreholes. They built a standard house and compensated them with fruit trees. However, there was no compensation for the remaining vital infrastructure that exists in a village setting.” Elias added that he was emboldened not to move because he also had a gold-mining licence. “I argued that I have the same rights as them. I saw it as bullying and I refused to back down.” ‘I refused to be bullied, no regrets’ Evias Mukwasi, seen holding lithium ore outside his home in Mukwasi Village, Buhera, Zimbabwe, refused to be relocated and has no regrets.


NewsHawks News Page 15 1ssue 170, 15 Marxh 2024 Firm part of Chinese behemoth OWEN GAGARE MAX Minds Investments, which runs Sabi Star lithium mine in Buhera, Manicaland province, is a subsidiary of Chinese company Shenzhen Chengxin Lithium Group, a global big hitter doing business with some of the largest companies in the world. Its footprints span Africa, Asia, and South America. According to the company’s website, it was established on 29 December 2001, with a registered place in Chengdu, Sichuan province, China, and registered capital of 922 million yuan. On 23 May 2008, the company listed on the Shenzhen Stock Exchange. The company’s controlling shareholder Shenzhen Chengtun Group Co was founded in 1993. It has been vigorously developing energy metals nickel, cobalt, lithium, and copper since 2016. One of Shenzhen Chengxin Lithium Group’s strategic shareholders is Build Your Dreams Company Ltd (BYD), which is the world's top-selling electric vehicle (EV) manufacturer. BYD has 5% shareholding in Shenzhen Chengxin Lithium Group. BYD has a huge global market share in EV, electronic control, and vehicle core technology sectors, with operations across all six continents. In addition, Chengxin is also a leading supplier of lithium hydroxide to the South Korean giant electronics company LG International. According to the company website, Chengxin has more than 40 subsidiaries, mainly in Sichuan Province, Guangdong province, Indonesia, Argentina, and Zimbabwe. It has more than 3 300 employees. As of the end of 2022, the company's total assets were 18.43 billion yuan, and the net assets attributable to the listed company was 12.73 billion yuan. In 2022, the company's operating income was 12.04 billion yuan, and the net profit attributable to the listed company was 5.55 billion yuan. The company's main business is production and sales of new lithium energy battery materials. “The main products are lithium concentrate, lithium carbonate, lithium hydroxide, lithium chloride, and lithium metal,” the company says. The company holds its Zimbabwean operations in high regard, given its proven reserves. “In terms of lithium resources, the company has expanding strategy both at home and abroad. The company has a professional mine development and construction team. The company has the experience of successfully developing Aoyinuo Mining in Jinchuan County, Sichuan Province which is difficult to construct. The company has successfully developed Aoyinuo Mining in Jinchuan County, Sichuan Province, which is difficult to construct. The production scale of raw ore is 405 000 tonnes per year, equivalent to about 75 000 tonnes of lithium concentrate,” the company said. “The company owns the Sabi Star lithium tantalum project in Zimbabwe, with a raw ore production scale of 900 000 tonnes per year, equivalent to about 200 000 tonnes of lithium concentrate.” In Zimbabwe, the company is projected to generate US$2 billion worth of revenue annually. It is being seen as a vital cog in Harare’s ambitious plan to establish a US$12 billion mining sector economy by 2030. In addition, Chengxin is also a leading supplier of lithium hydroxide to the South Korean giant electronics company LG International. In terms of other business partnerships and supply chains, Chengxin supplies a significant share of its lithium salts to Contemporary Amperex Technology Co Ltd (CATL), a Chinese battery manufacturer and technology company which has been ranked the top EV battery consumer from 2017 to 2022. Chengxin Group's current business covers lithium mining, the production and sale of lithium carbonate, lithium hydroxide, lithium chloride and lithium metal products, and a small amount of forest business. Its lithium business operations and interests are mainly distributed in Sichuan, Guangdong, Indonesia, Argentina, Zimbabwe, Ethiopia, Chile, Democratic Republic of Congo, and Indonesia. The group also has huge lithium salt business operations through its two subsidiaries, Sichuan Zhiyuan Lithium Company Ltd (Zhiyuan Lithium Salt Project) and Suining Chengxin Lithium Company Ltd (Suining Chengxin Lithium Salt Project). It is noted that in addition to its lithium operations in Sabi Star, the company also operates other lithium mining projects. It operates Yelonggou Taiyanghekou Mine in China through its subsidiary company called Jinchuan Aoyinuo Mining Company Ltd based in China's Sichuan province; Murong Mine by Huirong Mining Company Ltd and SDLA lake lithium project in Salta Province Argentina through its Argentinian partner Salta Exploraciones SA (SESA). The Chengxin Group entered a joint venture with a Singapore-registered investment company called Stellar Investment and formed ChengTok Lithium Indonesia Company to construct a lithium salts production facility in the Indonesia Morowali Industrial Park. The investment in the Indonesian lithium plant is linked to Tsingshan Holdings Group which has a 35% stake in the joint venture, and huge investments in Zimbabwe steel, chrome, and coal sector through its subsidiaries. Tsingshan Holdings Group through subsidiary Dinson Iron and Steel Company (Disco) is building a US$1.5 billion steel plant in Manhize, touted to become the largest in Africa, and has seen more than 101 families from the local Mushenjere Village losing farmland. Disco is already erecting a wall to enclose farming and grazing land, further shutting out the affected villagers. 138 more families from Kwaedza Village are also facing a similar predicament as Disco has already set pegs in their village, according to a governance watchdog, the Centre for Research and Development (CRD). The villagers mostly originated from poor and densely populated communal areas of Rukovere, Mahusvu, Msasa, Unyetu villages of Chikomba district in Mashonaland East province. Chengxin Group has a lithium concentrate off-take agreement with AVZ Minerals for the supply of spodumene concentrate from the Manono Lithium and Tin Project, Democratic Republic of Congo, which will ensure supply of spodumene concentrate from the Congo. Chengxin Group is considering investing in Ukraine's lithium deposits in Shevchenkivske and Dobra. Within Zimbabwe, it was noted that through another subsidiary company called Chengyi Lithium International Limited, the group had signed a joint venture agreement with China's Sinomine Resource Group Co Ltd, which currently owns Bikita Minerals. Last year, another governance watchdog, the Centre for Natural Resource Governance (CNRG), challenged Treasury to come clean on how much money the country is making from lithium mined by Chinese-run Bikita Minerals, amid allegations of opaque operations. In May, mining was suspended at the Sinomine Resource Group-run Bikita Minerals for a week after the CNRG raised a red flag amid allegations that more than 40 trucks were leaving the mine with lithium ore. Sabi Star Mine from a distance


Page 16 News NewsHawks Issue 170, 15 Marxh 2024 BRENNA MATENDERE ZIMBABWEAN Vice-President Constantino Chiwenga — a politically ambitious retired commander of the defence forces — has formally tightened his grip on the military as new Air Force of Zimbabwe boss Air Marshal John Jacob Nzvede took over from outgoing Air Marshal Elson Moyo who retired recently. Nzvede is Chiwenga'sclose ally, just like Zimbabwe National Army (ZNA) commander Lieutenant-General Anselem Sanyatwe. Nzvede and Sanyatwe were in Chiwenga's wedding committee in December last year. Political insiders in Zimbabwe’s corridors of power said Chiwenga’s wedding to military intelligence officer Colonel Miniyothabo Baloyi (47), 20 years his junior, was a major political affair. The wedding had a serious hidden political dimension that may shape Zimbabwe’s future in months ahead, particularly on the thirdterm debate. As reported by The NewsHawks last December, Mnangagwa’s third-term plan is facing serious hurdles due to military and constitutional hurdles. Insiders say the wedding was a political statement and an endorsement of Chiwenga’s power ambitions and strategic manoeuvres. From the army, Sanyatwe — who was supposed to be the best man at the wedding — represented the military, while the Air Force was represented by retired Air Marshal Shebba Shumbayawonda, now ambassador to Egypt, and Zimbabwe Prisons and Correctional Services by Commissioner-General Moses Chihobvu. The Military Intelligence Directorate, where Chiwenga’s wife works, was represented by its commander Major-General Thomas Moyo. Shumbayawonda was retired by Mnangagwa in 2019, together with other military commanders, including Sanyatwe and Major-Generals Martin Chedondo and Douglas Nyikayaramba. Together with deputy Senate president retired Lieutenant-General Mike Nyambuya and Sanyatwe, Shumbayawonda was part of Chiwenga’s bridal team. But it was the best man — retired Lieutenant-General Epaphras Denga Ndaitwah — who took pride of place among Chiwenga’s groomsmen. Ndaitwah (71) is a Namibian diplomat and former military commander. Ndaitwah is critical in terms of Chiwenga’s regional power matrix and manoeuvres. He is married to Netumbo Nandi-Ndaitwah, Namibia’s deputy Prime Minister and minister of International Relations and Cooperation, who is also the current Swapo vice-president. In March 2023, the late Namibian President Hage Geingob named Nandi-Ndaitwah as the Swapo presidential candidate in the November 2024 general election. She will almost certainly become the new President of Namibia in November, barring a political earthquake in that country, a major boost to Chiwenga's political prospects. Chiwenga and his allies are making a big comeback. Sanyatwe, former Presidential Guard commander, was removed with other commanders in 2019, but made a dramatic comeback last year, signalling a major power shift within Zanu PF and the state. This means Chiwenga now has a firmer grip again on the army after his allies were removed following the November 2017 coup which brought President Emmerson Mnangagwa — Commander-in-Chief — to power. Chiwenga is locked in a fierce power struggle and delicate political brinkamanship with Mnangagwa. The situation was triggered by Mnangagwa's apparent betrayal of Chiwenga and coup allies who wanted him to serve one term and allow his deputy to take over. But Mnangagwa sought and got two terms controversially. Not only that, Mnangagwa now wants a third term, bringing the political standoff to the brink. This has set off alarms within the Chiwenga camp, prompting a move to block Mnangagwa's now open third-term pursuit. In a bid to block Mnangagwa's third-term move, Chiwenga is putting his ducks in a row in the army using critical structures and processes to get his allies into influential positions to launch a major political assault for power at the opportune moment. The strategic manoeuvring and positioning of political and military allies signifies a new succession battle in Zanu PF, which is gradually intensifying. Mnangagwa came to power through a coup at the height of the late former president Robert Mugabe’s cut-throat succession battle. While Chiwenga is tightening his grip on the army to regain political clout and position himself for power, Mnangagwa still has control of the situation through Zimbabwe Defence Forces (ZDF) commander General Philip Valerio Sibanda, who is expected to leave the army anytime soon. Mnangagwa tried to appoint Sibanda a member of the Zanu PF decision-making politburo last year at the Zanu PF annual conference in Gweru, but his political move was deemed unconstitutional and unlawful, forcing him to retreat. The reason Mnangagwa wants Sibanda in the politburo is to reconfigure power, change political dynamics and manage his succession — preferably with him succeeding himself through a third term. The President's allies are still in charge in the second layer of the ZNA command element, although there was an attempt to remove them recently through an internal corruption investigation. The NewsHawks broke the story recently, but was pressured by some military elements to abandon it. The army, deeply involved in politics, has greatly influenced Zimbabwean political and military history at critical historical junctures — from the Mgagao Declaration in 1975 to the November 2017 coup. The historiography of the liberation struggle and its impact is marked by the army and its political as well as its politicised role in the making of the new Zimbabwe. The military involvement and intervention in politics has left an indelible footprint on Zimbabwe’s contemporary history. If Sibanda goes and Chiwenga gets his own ally to become ZDF commander — preferably for him retired Lieutenant-General Engelbert Rugeje — he will now be in full control of the military and shoo-in to become the next President after Mnangagwa. Chiwenga tightens army grip amid succession manoeuvres ZDF commander Philip Valerio Sibanda (right) seen here conferring Air Marshal John Jacob Nzvede (left) his new rank.


NewsHawks News Page 17 1ssue 170, 15 Marxh 2024 BERNARD MPOFU OLD Mutual, a giant financial services group in Zimbabwe, has won a Supreme Court case against an appeal by one of its clients challenging a High Court judgement in which it upheld its special plea of prescription, while dismissing the appellant’s claim. In a judgement dated 19 September 2023 and 15 March 2024, Supreme Court judges Tendai Uchena and Felistus Chatukuta dismissed Thomas Kanjere’s appeal against a High Court order in favour of Old Mutual Life Assurance Company Limited, a life assurance, pensions and employee benefits services subsidiary of Old Mutual Zimbabwe, wholly-owned by Old Mutual Funeral Services (Pvt) Ltd. The holding company, Old Mutual Zimbabwe Ltd, is a 75%-owned subsidiary of Old Mutual Zimbabwe Holdco Ltd, ultimately a wholly-owned subsidiary of Old Mutual Ltd listed on the JSE Securities Exchange in South Africa. The judgement said: “The appellant (Kanjere) refrained from taking action within a period of three years hence the prescription plea succeeded. The appellant did not raise or plead a defence to the special plea of prescription. In the circumstances, the court a quo correctly relied on the statement of agreed facts and the pleadings to uphold the special plea of prescription. The judgment of the court a quo is unassailable as the court properly and correctly determined the sole issue placed before it. “The appeal has no merit, it must fail. Regarding costs, they follow the result. We find no reason to depart from the standard rule. Accordingly, it is ordered that: ‘The appeal be and is hereby dismissed with costs’.” Tendai Biti represented the appellant — Kanjere — and Thabani Mpofu the respondent — Old Mutual. Kanjere had taken an insurance policy with Old Mutual some years ago. In terms of the insurance policy, he was entitled to a basic benefit of ZW$35 521 (or US$1 7138.88 plus profit). The maturity date for the policy was 1 July 2013. The guaranteed minimum annuity rate was set as ZW$65.23 (or US$31.50) per month per ZW$1 000 (or US$4 825) of the capital sum payable monthly in arrears, during the life assured’s lifetime with a minimum of 120 instalments. A single premium of ZW$9 914 .24 (or US$4 783.62) at issue date was agreed upon in terms of the contract. Old Mutual promised to pay the appellant ZW$ 35 521 plus profits, on 1 July 2013, which was the date of maturity for this 24-year policy. Alternatively, it promised to pay an amount equivalent to the purchasing power of this promise at the time of the agreement which was US$34 856.75, when adjusted for profits. The promise of implied benefits was the reason why the appellant signed up for the policy. In 2010, Old Mutual, unsolicited, offered to pay the appellant US$227.58 as the full value of the policy. Kanjere rejected the offer and proceeded to seek advice from the Zimbabwe Pensions and Insurance Rights Trust, on the computation of the rightful maturity and pension due from this policy, hence the actual value of the policy. He was advised that he was owed benefits by the respondent and that the benefits cumulatively amounted to a total sum of US$34 856.75, being the sum of the basic benefits of US$17 138.88 and profits of US$17 717.87 at a constant rate of 3% throughout the maturity term. The amount represented a total that would buy Kanjere’s annuity, which resulted from the maturation of his Independence Maker Retirement annuity contract, issued by Old Mutual on 1 July 1989. Kanjere filed a claim against Old Mutual on 15 April 2016 demanding US$34 856.75, the cumulative benefits arising from the maturation of the insurance policy. After service of the summons on 18 July 2016, Old Mutual in defending the claim raised a special plea of prescription since it alleged that the claim was based on the contract entered into in 1989 which matured on 1 July 2013. Thus, according to the financial giant, the cause of action arose on 1 July 2013 and accordingly in terms of s 14 (1) and s15 (d) of the Prescription Act [Chapter 8:11], the failure to act when the cause of action arose rendered Kanjere’s claim prescribed. Before the court a quo (appealed case), the parties proceeded by way of a stated case, in respect of which they filed for the determination of the issue of prescription. First, the parties agree that the following facts were common cause: (1) That in the year 2010 and subsequently in September 2011 defendant was advised of the value of his contractual benefits after conversions the details of the conversions were fully explained and an offer on early pay out was made. Plaintiff rejected the offer made; (2) That upon maturity of the policy in the year 2013 there was no change in the value of the policy. Defendant maintained its position on the value of the policy which position plaintiff did not agree with; (3) In February 2016, plaintiff issued summons against the defendant under HC 1218 / 16 claiming that the value assigned to the policy by the defendant was less than what plaintiff considered to be the true value. When summons was served this was less than three years from the maturity date being 1 July 2013; (4) On the 15 April 2016 the action instituted by the plaintiff under HC 2018 was withdrawn; (5) The present proceedings were filed on 15 April 2016. The sheriff attempted service on Kantor and Immerman on 22 April 2016 which service was refused; (6) The summons in the present proceedings were then served on the defendant directly on 18 July 2016; and (7) The parties desire to argue in favour of their respective contentions on the basis of the agreed facts as set out above. However, the statement of agreed facts was silent on the defences, but spoke volumes as regards the maturation of the policy and when the cause of action commenced. There was no mention of waiver or interruption of prescription. Further, in the Kanjere’s replication in the court, he gave a bare denial of each and every material allegation of fact and conclusion of law in the defendant’s plea and joins issue therewith. At the hearing, the parties relied on written submissions to motivate their respective contentions as outlined in the statement of agreed facts in respect of prescription. Kanjere for the first time argued that the claim had not prescribed because, firstly, the cause of action was not complete, and secondly, that the obligation to pay in this manner was continuous in nature. Further he asserted that in any event, prescription had been interrupted by the issuance of summons on 9 February 2016 under HC1218/16. Old Mutual, on the other hand, argued that the cause of action as pleaded by the appellant in his summons was not of a continuous nature. The debt became due upon maturation of the policy on 1 July 2013. The company also contended that there was no interruption of prescription since the summons under HC1218/16 was withdrawn on 15 April 2016 as the it was not cited in that case. Further, Old Mutual contended that it was improper for the appellant to raise defences of interruption and waiver which were not in the pleadings and also not part of the statement of agreed facts. The court upheld the special plea of prescription and held that the policy matured on 1 July 2013 and as such the cause of action arose on that date. The claim by Kanjere arose from the maturity of the policy, whose benefits were due on 1 July 2013. By failing to take action and only claiming on 18 April 2016 Kanjere sat on his laurels and only lodged a claim when the same had prescribed. The court further upheld the special plea of prescription on the basis that Kanjere had not in its pleadings raised the defences of interruption and waiver. So on the basis of the agreed facts and pleadings before it, the court dismissed Kanjere’s claim. Tendai Biti vs Thabani Mpofu: Old Mutual wins court battle Old Mutual


Page 18 News NewsHawks Issue 170, 15 Marxh 2024 FIREBRAND human rights defender Jestina Mukoko, who was abducted by state security agents on 3 December 2008 and spent 21 days incommunicado, has written to President Emmerson Mnangagwa imploring him to act upon state-sanctioned forced disappearances and incidents like the one she experienced. Mukoko is the immediate past director of the Zimbabwe Peace Project (ZPP). In the letter dated 6 March, Mukoko said she was encouraged to write to Mnangagwa after she was motivated after he intimated that it is time to heal. While in Bulawayo recently at an event organised by the Faith for the Nation campaign, Mnangagwa said “it is time to heal and not wound” victims of forced disappearances and torture. Stimulated by Mnangagwa’s remarks in Bulawayo, Mukoko wrote to him saying: “The subject of enforced and involuntary disappearance is one that is spoken in hushed voices as citizens fear being subjected to the same. Considering my ordeal and how it was publicised not just in Zimbabwe but caught the attention of leaders in the region and internationally, I am going to engage you on the subject without fear. I have also detailed my experience in the book The Abduction and Trial of Jestina Mukoko; the fight for Human Rights in Zimbabwe, published in April 2016.” “It has been fifteen years since the fateful morning of 3 December 2008 when I was abducted from my house by State security agents, only wearing a nightdress and morning gown. The then Minister of State Security Didymus Mutasa issued a statement denying the involvement of State security agents, a position that turned out to be false as judicial proceedings were to reveal. I have gone through individually funded rehabilitation.” “While I now view myself as a survivor who has triumphed, there are times when I feel my wound is still festering because I do not know the reason I was abducted, and even more so, abductions continue to take place. Your Excellency, I spent 21 days incommunicado before being charged with allegedly recruiting young people for the opposition MDC-T party to be trained in Botswana to perform acts of sabotage and terrorism to overthrow a constitutionally elected government in Zimbabwe.” Mukoko added that Mnangagwa and many others know there was neither recruitment nor training of so-called saboteurs. She called on Mnangagwa to ensure justice. “The State owes me the truth in relation to why I was abducted. Those who abducted me are known and for all these years have not been held accountable for their actions; rather they have been protected. I plead, Your Excellency, that unless they are held to account, there will be no cost for their actions and they will do it again and again,” she wrote. “Impunity is a global epidemic that has even been acknowledged by the UN Secretary-General António Guterres. How do I begin to heal when the perpetrators of this grievous crime against humanity continue to walk scot-free and might even have been rewarded for their harmful actions?”. There are several cases of forced disappearances that have happened after Mukoko’s case and she implored Mnangagwa to bring closure to them. Journalist-cum activist Itai Dzamara is still unaccounted for, ever since he was forcibly taken away while having a haircut at a barbershop in Harare's Glen View suburb in 2015. Dzamara is reported to have been forcibly taken away by men who accused him of stocktheft. “In 2015 when this happened, Your Excellency, you were the leader of government business in Parliament and you described Itai’s disappearance as barbaric. Such acknowledgement gave us hope that something would be done to facilitate his return and reunification with family. However, we continue to hope in vain,” wrote Mukoko. “Your Excellency, how can Itai’s parents, wife and children heal when they do not know what happened to him and no one has accounted for his disappearance? While the courts ruled that the police should investigate and give regular updates, the family has not received any official updates except for what they read in the media and some of it toxic, scratching their open wounds. Itai’s disappearance now seems to have turned into a cold case.” She added that in November last year when the news broke of the recovery of the dead body of Bishop Tapfumanei Masaya in Acturus in Harare, she was reminded of the abduction and murder of Tonderai Ndira in May 2008. “The cost on these families whose lives were so tragically transformed is massive and their needs must be considered if they are to start the journey of healing. It is a time to heal, you say Your excellency. But how does Tawanda Muchehiwa heal without justice? Twenty-two-year-old Muchehiwa sustained wounds in the torture he was subjected to after being abducted in broad daylight at a shopping centre in Bulawayo in July 2020, an incident captured on CCTV. His assailants claimed to be police officers who were bringing him under arrest,” she wrote. “Your Excellency, the call to heal is stripped of sincerity. Citizens should be protected from abductions by the State and it is the State’s role as the foremost duty bearer for all rights guaranteed by the Constitution, to create conditions where citizens’ right to personal security is guaranteed and if violated, those responsible are held accountable.” Peter Magombeyi, a junior doctor, also disappeared in September 2019 for days before he was dumped in Nyabira, disoriented by the severe torture he sustained. Magombeyi’s colleagues staged night vigils and protests for days demanding his unconditional release. They presented a petition to the Speaker of Parliament and it was after the protest that he was dumped. “Your Excellency, I am aware there have been strong denials by the State as to who is perpetrating these heinous crimes. A third hand has been blamed for the abductions. If there is a third hand, then surely a State that is duty bound to protect its citizens cannot afford to fold hands as unknown forces torment its citizens. The call to heal is not at all misplaced, but it requires much more for it to bear fruit. On account of his ordeal, Dr Magombeyi is no longer resident in the country at a time when the country requires qualified personnel in our health institutions,” wrote Mukoko. She also said when the news of the abduction of comedian Samantha Kuraya popularly known as Gonyeti started filtering through in August 2019, she was shocked as to why she had been targeted. Obert Masaraure, leader of the Amalgamated Rural Teachers' Union of Zimbabwe, was abducted in January 2019 and subjected to torture before being dumped. In the same year, Tatenda Mombeyarara was abducted in a similar fashion then tortured and injected with an unknown substance. Mombeyarara now has injuries that are lifelong. Mukoko again expressed concern over these cases. “Unless perpetrators account for their actions, they remain motivated to do harm without deterrence,” she wrote. Then there is the case of the opposition trio of Joanah Mamombe, Councillor Cecelia Chimbiri and Netsai Marova who survived abduction and severe torture in May 2020. This was after they joined a protest against hunger in Warren Park, Harare as communities struggled to make ends meet during the global Covid 19 pandemic-imposed lockdown. They were reportedly abducted in Harare and disappeared for days before being dumped in Bindura. The three reported having been initially flagged down at a police checkpoint on Samora Machel Avenue before being ordered to drive to Harare Central Police Station. It is unclear how they found themselves out of the police station and custody, but what followed, in their account, was being subjected to severe torture and sexual assault. “Your Excellency, it is inconceivable that the three young leaders are expected to heal in the absence of a conscious and gender sensitive process to address their experiences. They were made to drink each other’s urine; their breasts were fondled and one of them was christened ‘Dolly Paton’ as she was being body shamed. Another one of them was violated with a maize stalk thrust up her anus. They were made to sing and dance by their perpetrators,’ wrote Mukoko. “As if to add salt to their wounds, the three young women were hauled before the courts for reporting that they had been arrested initially and then disappeared. The three were to endure a traumatic experience of prolonged criminal proceedings in which they, being victims, were now being charged for allegedly faking their abductions.” “Healing cannot take place where the truth is not known, realities are distorted and victims are further traumatised. A call to healing is effective when it is accompanied by all necessary processes and resources to alleviate the harm incurred. Thus, truth needs to be told, assailants held to account and relevant institutions ought to take a stand in deterring enforced disappearances and guaranteeing non-recurrence. More so, victims, survivors and their loved ones deserve to go through a State-sponsored rehabilitation process to deal with their living traumas”. — STAFF WRITER. National healing without truth-telling void: Mukoko Human rights defender Jestina Mukoko


News Page 19 NATHAN GUMA LEGAL grouping Veritas says the government’s newly introduced Private Voluntary Organisations Amendment (PVO) Bill has unconstitutional provisions and is likely to tarnish Zimbabwe’s international image. Veritas says the Bill has the potential of inhibiting efforts to get debt relief and attract foreign investment into the country. The ruling Zanu PF, which won a two-thirds majority after controversial recalls by Citizens' Coalition for Change (CCC) self-proclaimed secretary general Sengezo Tshabangu, has been pushing for the Bill, to ban “rogue” non-governmental organisations, which it says are being used as a stalking horse by the West to fund opposition political activity in the country. Last week, a new PVO Bill was published in the Government Gazette to replace the first version published in November 2021, which lapsed upon the dissolution of the 9th Parliament before the 23 August 2023 general elections. In its latest analysis, Veritas said the new Bill has done little to drift from the previously condemned one, and is likely to harm the country’s international image. With unsustainable debt, the country has been failing to get funding from key international financial institutions like the World Bank. “Some effort has been made to remove the more egregious inconsistencies and drafting errors contained in the previous Bill, but the new Bill remains completely unwelcome. Within Zimbabwe its provisions will be used as weapons against civil society, free speech and freedom of association,” Veritas said. “Internationally it will tarnish Zimbabwe’s image and inhibit the Government’s efforts to get debt relief and much-needed foreign investment. Even if it is not enacted, the damage will have been done, because many observers will take it as revealing the government’s attitude towards independent civil society organisations in particular and constitutionalism in general.” In July last year, the European Union Delegation to Zimbabwe indicated that the country’s international diplomatic re-engagement effort could suffer a major setback after President Emmerson Mnangagwa signed the much-condemned “Patriotic Act” which is projected to further shrink civic space. In reaction, the EU indicated that the Act is regressive in Zimbabwe’s bid to clear its tainted image. “Zimbabwe as a sovereign country has committed in the Arrears Clearance process to enhancing respect for freedoms of association, assembly and expression, as well as building trust with the international community. Today’s legislation (Patriotic Act) sends a political signal in the opposite direction,” said the EU via its official X handle. Zimbabwe’s human rights record has been the major stumbling block in the re-engagement drive. For instance, human rights have been labelled as key in Zimbabwe’s bid to rejoin the Commonwealth. The country quit the Commonwealth in 2003 after clashes between the club of mostly former British colonies and the then president Robert Mugabe over policy conflicts, human rights abuses and violation of the group’s democratic values. However, Veritas said the new Bill has failed to correct errors from the initial one, which was roundly criticised for attempting to close the civic space. “The lapsing of the old Bill gave the Government an opportunity to rethink how PVOs should be regulated and to prepare a fresh Bill taking into account criticisms levelled against the old one. Regrettably, the Government has not taken the opportunity,” reads the analysis.   “The new Bill makes no important changes, and does not even correct all the obvious errors that peppered the old one. For example, it retains the following nonsensical definition of ‘material change’ in clause 6: ‘material change’ in relation to the amendment of the particulars of the original application for registration means — (a) any change in the constitution governing the private voluntary organisation concerning what happens upon the termination for any reason of the private voluntary organisation with respect to the disposal of its assets on the date of its termination’.” Another criticism has arisen on a new clause that seeks to extend the application of the Act to cover persons, legal arrangements, bodies, associations or institutions which the minister declares to be vulnerable to misuse, or at high risk of being misused by terrorist organisations.  “This is unconstitutional for at least two reasons: 1. The Minister will not have to give notice to the persons, legal arrangements etc. before declaring them to be vulnerable to terrorist misuse, nor will the Minister have to invite them to make representations before making the declaration. This infringes section 68 of the Constitution which guarantees everyone the right to administrative conduct that is procedurally fair,” reads the analysis. “A declaration by the Minister will extend the Act to cover institutions that are not currently within its ambit, and will impose additional controls over them that are not currently laid down in the Act.  A declaration will therefore constitute a major amendment of the Act, which the Minister will make by regulations.  It will amount to an exercise of Parliament’s primary law-making power which, in terms of section 134 of the Constitution, cannot be delegated to a Minister.” Findings by an independent thinktank, the Zimbabwe Democracy Institute (ZDI), in its 2022 report titled: “Civic Space Contestation Ahead of 2023” have shown that Mnangagwa has a worse track record in stifling civic space than his predecessor, Mugabe. The organisation wrote an analysis of the civic space between 2014-2021 by contrasting Mugabe’s final four years in power ahead of the 2018 elections, and Mnangagwa’s initial four years in power ahead of the 2023 elections. The findings showed a 2% increase in civic space and state freedom during Mnangagwa’s first year in power, compared to Mugabe in 2014. The year 2019 saw a 13% decline in state freedom from 44% in 2014 under Mugabe to 31% in 2019, which was Mnangagwa’s second year in power. The report revealed there was parliamentary capture, with Zanu PF taking control of almost two-thirds of the National Assembly, which makes it easy for Mnangagwa to pass legislation deemed undemocratic. PVO Bill damages Zim image Zimbabwe’s human rights record has been the major stumbling block in the re-engagement drive. NewsHawks 1ssue 170, 15 Marxh 2024


Page 20 News NewsHawks Issue 170, 15 Marxh 2024 MORRIS BISHI STATE security agents are among agencies using non-existent laws to profile, monitor and threaten leaders of registered non-governmental organisations (NGOs) and civil society organisations, The NewsHawks has established. On the other hand, officials from the ministry of Local Government are also asking for information from NGOs, which in any case was provided to the ministry of Public Service, Labour and Social Welfare, which governs their operations. The increased monitoring and surveillance have put the existence of the organisations which are playing a critical role in assisting Zimbabweans in various sectors at risk, an investigation by The NewsHawks and Information Development Trust, a non-profit organisation that supports journalists in Southern Africa to report public sector corruption and bad governance has discovered. The overt targeting and profiling of the NGOs became evident in the post-2023 general elections phase, a period that also coincided with the systematic persecution of opposition-linked individuals, despite Zanu PF and its presidential candidate, Emmerson Mnangagwa, winning the August 23-24 polls, albeit controversially. A revised Private Voluntary Organisations Amendment Bill to accommodate amendments by President Emmerson Mnangagwa on the proposed draconian law was gazetted on 1 March 2024 and it will be tabled before Parliament anytime from now for adoption or further amendments. One of the stated objectives of the Bill is to regulate PVOs in line with recommendations of the Financial Action Task Force (FATF), an international body formed to combat money-laundering, terrorist financing and the illicit proliferation of nuclear, chemical and biological weapons. Clause 9 of the Bill will insert a new section 22 into the Act requiring the minister, at least once every five years and with the co-operation of the Reserve Bank’s Financial Intelligence Unit, to assess the vulnerability of PVOs and other similar organisations to being used for terrorist financing. The Bill will abolish the PVO Board, a body with some PVO representatives which is responsible for approving the registration and de-registration of PVOs and advising the minister. The board’s functions will be transferred to the registrar, a civil servant in the ministry. The registrar will be largely under the Minister’s control: he or she will have to comply with general policy directives the minister may give in terms of the new section 22D. It is being implemented by members of the Central Intelligence Office (CIO) and the Police Internal Security Intelligence (PISI) —which is the secret service arm of the national law enforcer — among others. The security agents are inviting leaders of NGOs to their offices asking them to submit information pertaining to the respective organisations, staff and linked individuals. This includes banking details, names of their funders, personal addresses and contact numbers, board membership, scope of work and other information not directly related to the operations of non-governmental organisations. Our investigation confirmed that, in December, PISI details pounced on a Harare-based social inclusion non-profit organisation, whose identity is retained for fear of victimisation of its employees. Following the impromptu visit, PISI details ordered the director of the organisation to report to their offices in southern Harare where they interrogated him before letting him free on the same day. The police intelligence details recorded information relating to: when the organisation started operating, its targeted beneficiaries and geographical focus, funders, names and addresses of staff and board members, as well as educational and professional qualifications of key employees. Immediately after, PISI operatives from Harare Central Police Station set its eyes on IDT, calling its director, Tawanda Majoni, on 27 December 2023 to enquire about the location of the investigative media outlet. Majoni confirmed the call, adding that he supplied the caller with the IDT address but informed him that they were closed for the Christmas break and would resume work in early January. Despite that, investigations revealed, PISI officers comprising three females and two males visited the IDT offices on three separate occasions and quizzed other occupants of the building on what the non-profit entity did, size of its staff and details about its director. After the festive break, Majoni visited the PISI offices in the company of a human rights lawyer, Tonderai Bhatasara, who had been seconded by the Zimbabwe Human Rights NGO Forum. “The PISI details who attended to us were surprisingly nice to us. They told us that they didn’t have a problem with IDT but were just working on ‘orders from the hierarchy’. “They asked for our proof of registration, which we gave them before ending our engagement. The PISI details indicated that they had done thorough background checks on me and IDT,” Majoni told The NewsHawks. It was not clear, though, how PISI got involved in checking for IDT’s registration status, but subsequent interviews with trusted security sources revealed that an unnamed clique of powerful elites had misrepresented to both the CIO and PISI that IDT was unregistered. Established in 2015, IDT has over the years supported investigative work and research focusing on corruption and bad governance in the public sector, in addition to environmental, socio-economic and human rights violations by foreign investors, mostly Chinese miners.  The interviews are happening countrywide, including Masvingo, where this reporter is based. Commenting on developments in the province, Masvingo police spokesperson Inspector Kudakwashe Dhewa said the profiling of NGO leaders was a normal routine for police since it helps to maintain security. "This is not unusual if you look at our operations. This is done to make sure that citizens are safe. In case of theft of whatever, police will have their contact details and information about their residence or whereabouts, this is something normal," said Dhewa. National police spokesperson Senior Assistant Commissioner Paul Nyathi told The NewsHawks that the IDT incident is an old issue which happened more than two months ago. He said police interrogated Majoni after a certain group of people raised a complaint about the organisation and police wanted to investigate if there was any commission of crime. He also said there is nothing unusual when police interrogate NGO leaders. "The IDT incident is an old story which happened two months ago. Majoni of IDT is fully aware that as police we intervened after a certain group of people complained that they were being harrassed by IDT through their operations. As police it is our duty to intervene and launch investigations when such reports are made. We interrogated various groups including Media Institute of Southern Africa, Zimbabwe Union of Journalists and other senior journalists over the issue." "There is nothing sinister when police interview NGO leaders like what you said about a child protection organisation in Harare which went through that process. You should also be aware that there are many organisations claiming to be representing children and it is the duty of the police to understand their operations," said Nyathi. In January, the government through offices of district development coordinators in Insiza, Bulawayo and Beitbridge ordered the seizing of operations by NGOs who failed to submit their Zimbabwe’s security agents are inviting leaders of NGOs to their offices asking them to submit information pertaining to the respective organisations. Govt in new NGOs clampdown


News Page 21 credentials to their offices. This prompted human rights lawyers to challenge the unconstitutional move. There are over 1 000 non-governmental organisations (NGOs) working in Zimbabwe across a range of areas. These include humanitarian aid, service organisations, and political governance. NGOs can be identified by their registration or main objectives, but often overlap within the different categories. Three organisational types define NGOs in Zimbabwe and these are private voluntary organisations (PVOs), trusts and common law universitas. PVOs which constitute the majority of NGOs in Zimbabwe are registered under the Private and Voluntary Organisations Act through the Department of Social Welfare under the ministry of Labour and Social Services. These are mandated under the law to conduct humanitarian work, charity, human rights work and legal aid for the benefit of the public, families, individuals and animals. It is mandatory for organisations conducting this type of work to register under the PVO Act. A programmes officer for one of the NGOs based in Masvingo said he was summoned to PISI offices at Masvingo Central Police Station sometimes in January where he was asked a lot of questions regarding the operations of his organisation. He was asked to give profiles of key persons in the organisation, account signatories, amounts received for projects, banking details of the organisation, among other issues. "I was shocked by the depth of information they required. We submit reports to district heads and we saw no need for them to involve members of the security sector since information regarding our operations is always submitted to relevant authorities including the parent ministry, which is Social Welfare. They also asked about our personal details including educational qualifications, contact details and home addresses, information which raises suspicion about their motives," said the programmes officer. Another senior employee of an organisation based in Chipinge, Manicaland province, said intelligence agents are trailing them every time they go to the field to implement projects. He said at times they are asked to include ruling party activists in their programmes even if they do not meet requirements. A senior PISI officer based in Masvingo told The NewsHawks that the government views most NGOs as hostile as they are believed to be implementing the regime change agenda. "I am now a senior in this department and this is also done by members of the CIO, who on daily basis monitor operations of NGOs and even movements of their leaders. To tell you the truth these organisations are viewed as hostile by the state. We have security files for these organisations which are updated from time to time as we get new information about their operations or leaders,” he said. “Other organisations are denied the permission to operate before or during every election time and you can see the fear of the state. The surveillance can even include monitoring of movements for leaders of NGOs, including even after work." On 17 January 2024, Insiza district development coordinator Zacharia Jusa wrote a letter to all NGOs operating in the district to stop operations if they fail to submit certain information which the office was demanding. The letter was similar to the one written to NGOs in Bulawayo and Gwanda, which was later challenged by human rights lawyers from the Zimbabwe Human Rights NGO Forum and the National Association for Non-Governmental Organisations (Nango). "An ongoing operational audit requires your organisation to submit the following information to the Chief Executive Officer of the Insiza Rural District Council and the office of the district development coordinator in line with the continuous monitoring exercise:- registration status, areas of specialisation, profiles of key persons (directors), profiles of implementing partners (organogram), passport size photo and police clearance of administrative employees, funding partners, source of funding, amount received for project, banking details, financial statements, amount granted for previous programme, expenditure for previous programme, partnerships, foreign partners, local partners, impact assessment, relationship of NGO/CSO activity with NDS 1 [National Development Strategy]," read Jusa’s letter. "Whilst preparing the above documentation may you stop all operations with immediate effect. The prior requested 2024 development programs are still due." Human rights lawyer Wilbert Mandinde confirmed that the Zimbabwe Human Rights NGO Forum and other NGOs wrote letters to Insiza, Beitbridge and Bulawayo districts highlighting that the demands they were making on NGOs were not based on law. "As Human Rights NGO Forum we wrote with instructions from NGOs operating in Insiza and Beitbridge and after the letter Beitbridge confirmed that they are not going to implement the contents of the letter. We wrote to the DDC and highlighted that their directives were not based on any law,” Mandinde said. “As non-governmental organisations we met in Bulawayo together with representatives from ministry of Social Welfare and Local Government where we highlighted our concerns and they promised to address the issues. What is being done by other DDCs is against the law and there are cases which we have taken to court and the likelihood for victory against the DDCs is high." In a letter dated 23 January 2024 addressed to Insiza district and written by Vera Musara, thr Zimbabwe Human Rights NGO Forum's executive director, the forum advised Insiza district that it was not the mandate of Local Government to oversee the operations of NGOs since the organisations fall under the ministry of Social Welfare. The NGO Forum threatened to take legal action if the ban is not lifted. "NGOs report to the Registrar of PVOS who holds the office of the Director of Social Welfare in terms of section 5 of the Act. The DDC or CEO of a Rural District Council are not included in the governance of these organisations. The DDC’s functions within an area are prescribed in the Provincial Councils and Administration Act [Chapter 29:11], and the functions include promoting the implementation of development plans, and the audit of accounts of NGOs is provided in Part IV of the Act. The books, accounts and records must be kept to the satisfaction of the Registrar and it is the Minister of Public Service, Labour and Social Welfare who appoints the inspecting officer," Musara said. "Our instructions are that your conduct in calling for NGOs to submit some requirements to you is ultra vires the law. The Registrar is responsible for the governance of NGOs under the Act. We further note that your circular does not cite any Act or Regulation under which the requirements are being sought for. "The supreme law of the country, the Constitution of Zimbabwe, provides under section 68 that every person has the right to administrative conduct that is lawful. The powers that you purport to exercise are not lawful and are contrary to the Constitution. "We reiterate that your directive is unlawful and of no effect at law. The NGOs have no basis to report to your offices or submit any documentation to you. We advise that you should withdraw your circular and continue to work within the confines of the law." Ernest Nyimai, the Nango executive director, said the directive to cease operations is a breach of the law and a violation of sections 57 and 68 of the constitution, hence the need for the government to clarify issues before embarking on actions which could disadvantage communities served by the NGOs. Nyimai confirmed that Nango wrote letters to three districts — Beitbridge, Bulawayo and Insiza — where member organisations were issued a directive to stop operations after demands by DDCs in January this year. He said Beitbridge and Bulawayo responded positively by withdrawing the directives while Insiza is yet to respond but organisations are still carrying out their operations. On 24 January 2024, Nango board chairperson Lamiel Phiri also wrote a letter to Insiza district development coordinator advising him that his directive to NGOs to cease operations was in violation of existing policy provisions. He said there is a need for engagement between the authorities and CSOs to find a balance between regulatory oversight and smooth operations of the organisations. "Reference is hereby being made to your letter dated 17 January 2024 directed to all NGOs and Civil Society Organisations operating in your district of Insiza. We are writing to express our concern regarding the directive for CSOs to stop all operations with immediate effect unless they submit the required 22 documents outlined in your letter. We believe these requirements impose undue burdens to civil society organisations and their vital contribution to the development of communities in your district. "There is seemingly a challenge on the ministry that NGOs should directly report to as the regulator. In terms of the current regulatory framework available to the NGO sector, it is the Ministry of Public Service Labour and Social Welfare that has mandate in terms of the PVO Act to regulate CSOs and as such it is desirous to the sector to have clarity on the administrative requirements demanded by local authorities. "The directive to cease operations immediately implies the breach of the law or violation of an existing policy provision, which should be clarified and addressed through a more transparent and reasonable process. Finding a balance between regulatory oversight and the smooth operation of CSOs is crucial for fostering a conducive environment for civil society operating in your district under your leadership," reads part of the letter by Phiri. In 2021, Harare provincial coordinator Tafadzwa Muguti banned the operations of several NGOs in Harare accusing them of failing to report to him. Among the organisations which were banned were Zimbabwe Lawyers for Human Rights, ZimRights, Zimbabwe Peace Project, and Crisis in Zimbabwe Coalition. In 2019, human rights lawyers successfully challenged the government’s decision to suspend the operations of Community Tolerance Reconciliation and Development Trust (Cotrad), a Masvingo-based non-governmental organisation. During the 2023 elections, police in Harare raided and arrested Zimbabwe Election Support Network staff in Harare accusing them of planning to announce election results after a parallel tabulation. The raid move was condemned by international election observers. IDT director Tawanda Majoni NewsHawks 1ssue 170, 15 Marxh 2024


Page 22 News NewsHawks Issue 170, 15 Marxh 2024 RUVIMBO MUCHENJE THE Health Service Commission is currently engaged in negotiations with health sector workers after they threatened to down tools on 28 February 2024 over poor remuneration, The NewsHawks has learnt. The Health Apex team leader, James Sibanda, told The NewsHawks in an interview that they have put the job action on hold because the employer came on board to listen to their grievances. “Negotiations are ongoing. On the 29th we negotiated and later this week or next week they will call us for further negotiations,” Sibanda said. “We have suspended the job action because the employer has come to the negotiating table. Continuing with the job action while negotiating would be deemed as government negotiating under duress.” On 26 February 2024, the Health Apex Council wrote to the employer complaining that salaries have been eroded by chronic high inflation, making it difficult for professionals to sustain themselves. The health workers issued the employer a 48-hour notice that a strike would begin on 29 February to 2 March 2024. Sibanda added that the health workers just want their grievances addressed, saying failure to address the issues would put innocent patients at risk. “The one who suffers in all this is the patient. Those with resources can make their own means, but for the low-income earners it’s a different story. We are there to serve and we do not want people to die. If people are going to die, let it be God’s will, not the absence of healthcare,” he said. Zimbabwe’s healthcare sector is in a volatile state, with basic sundries like gloves and medication lacking at most medical facilities across the country. Meanwhile, the Health Service Amendment Bill that was debated in the 9th Parliament but was not assented to by the President, seeks to criminalise industrial action in the healthcare sector. Section 16A(2) reads: “Notwithstanding anything in the Labour Act [Chapter 28:01] — the Health Service shall be deemed as an essential service referred to in section 65(3) of the Constitution; and no collective job action whether lawful or unlawful shall continue for an uninterrupted period of 72 hours or for more than 72 hours in any given 14-day period; and notice of any collective job action must be given in writing 48 hours prior to the commencement of such collective job action,” reads the bill. Section 16A (3) adds that: “Any individual who is a member of the governing body of any trade union or representative body of members of the Health Service which incites or organises any job collective action contrary to subsection 2(b) or (c) shall be guilty of  an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding three years or to both such fine and such imprisonment.” The draconian provisions were heavily contested, with labour rights activists saying they are meant to victimise long-suffering workers. Strike: Govt engages health workers


News Page 23 NATHAN GUMA WAR veterans have congratulated Mashonaland Central proportional representation MP Monica Mavhunga on her appointment as minister of Veterans of the Liberation Struggle Affairs to replace the fired Chris Mutsvangwa, but they have urged her to attend to their neglected welfare issues. The former combatants have been a vital cog in Zanu PF’s electoral campaigns and have in some cases been accused of using brute force to bolster support for the ruling party. Despite their support for the ruling Zanu PF, the war veterans have constantly been at loggerheads with the government over their welfare, which has been deteriorating on the back of chronic high inflation, erosion of pensions and decimation of monthly payouts. In its congratulatory letter, the Zimbabwe National Liberation War Veterans' Association (ZNLWVA) urged Mavhunga to look into the welfare of war veterans. “ZNLWVA congratulates Honourable M. Mavhunga on appointment as Minister of Veterans of the Liberation Struggle Affairs. The Zimbabwe National Liberation War Veterans' Association (ZNLWVA) extends its warmest congratulations to Honourable M. Mavhunga on her recent appointment as the Minister of Veterans of the Liberation Struggle Affairs,” reads the letter by Edward Dube, the ZNLWVA secretary-general. “The ZNLWVA expresses its full commitment to collaborating with the Honourable Minister to achieve the objectives outlined in the constitutional and statutory provisions. We believe that by working together, we can address the various challenges faced by war veterans, including socio-economic empowerment, healthcare, housing, and access to educational opportunities.” “The ZNLWVA looks forward to engaging in constructive dialogue and partnership with the Honourable Minister to ensure the effective implementation of programmes and initiatives that support the welfare and advancement of veterans of the liberation struggle.” ZNLWVA has also reminded Mavhunga about the constitutional provisions that look into the welfare of war veterans.  “In light of her appointment, the ZNLWVA would like to draw the Honourable Minister's attention to the provisions enshrined in the Zimbabwe Constitution, particularly sections 3(i) and 23(3), as well as the Veterans of the Liberation Struggle Act [Chapter 17:12] of 2020,” reads the letter. “These legal frameworks outline the rights, entitlements, and support mechanisms for veterans of the liberation struggle, underscoring the importance of their recognition and well-being. We are pleased to note that Honourable M. Mavhunga has previously served as an executive member of the association, providing her with a deep understanding of the challenges faced by war veterans in terms of economic and social deprivation. This firsthand experience positions her well to address the needs and aspirations of the war veteran constituency.” War veterans have been on a collision course with the government over their sharply-declining welfare. For years, Mutsvangwa was criticised by war veterans who believe he did little to improve their welfare and incorporation into the economic development matrix. In February, President Emmerson Mnangagwa fired Mutsvangwa, his key ally, but did not give reasons. Mutsvangwa played a key role in the 2017 military coup that propelled Mnangagwa to power. However, he has been colliding with war veterans over the years, having been fired as chairperson of the ZNLWVA in April last year, over accusations of unprofessional conduct and failure to improve their livelihoods, before bouncing back to the same portfolio after the discredited general elections. “The association does not celebrate but is not disappointed when an appointing authority disappoints a minister who has failed to collaborate with the war veterans’ community on matters of association and national interest which the association has been advocating since his appointment,” Dube said. “The issues were raised in writing to the honourable minister, but he did not respond or acknowledge receipt. He was not propagating constitutional and statutory obligations stated in the Veterans of the Liberation Struggle Act (Chapter 17:12) and the constitution of Zimbabwe.” In October last year, Mutsvangwa neither responded nor acknowledged ZNLWVA’s congratulatory letter after his appointment as minister. This month, war veterans cried foul after tertiary educational institutions denied their children enrollment over the government’s failure to pay fees on time. War vets welcome new minister, issue warning Minister of Veterans of the Liberation Struggle Affairs Monica Mavhunga NewsHawks 1ssue 170, 15 Marxh 2024


Page 24 News NewsHawks Issue 170, 15 Marxh 2024 NATHAN GUMA WAR veteran Lazarus Nyaundi, whose farm is under siege from a Zanu PF youth leader amid a surge in black-on-black land invasions, has written to Agriculture minister Anxious Masuka seeking his urgent intervention, The NewsHawks has learnt. Nyaundi, a retired Air Force of Zimbabwe group captain, wrote to Masuka after the Chitungwuza magistrates' court ruled against his ownership and occupation of the farm. In the ruling delivered last week, the court convicted his two relatives for destroying crops planted by the Zanu PF youth leader on the farm. The relatives were slapped with a 24-month sentence each, with five months suspended on condition that they do not commit a similar offence in the next five years. A further nine months were suspended on condition that they pay US$1 950.50 immediately while a further 12 months were suspended on condition that they perform 420 hours of community service at Muda Clinic. Maundi’s farm has been targeted over the past two decades as confirmed by police reports made with the Central Investigations Department (CID) in Beatrice on 24 December 2003 and 19 April 2006. The siege at the war veteran’s farm is happening at a time when the welfare of combatants of the war of liberation has been raising a stink both in government and the ruling Zanu PF. The Zimbabwe National Liberation War Veterans' Association (ZNLWVA) is demanding that social support and welfare services be made readily available, which include healthcare, counselling, access to land, housing and other social welfare programmes. Nyaundi, who was settled at A1 Village Plot No 27, Verdun Farm Village, Ward 9, Beatrice, Seke district, is facing displacement by Isaac Zivanayi Mugwara, a youth leader in the ruling Zanu PF. “My name is 7009 Gp. Cpt (rtd) Lazarus Nyaundi. My family was settled on the above quoted village as from the year 2001 to date which ‘state’ gesture relieved me to carry out my national and international professional assignments to meet family requirements. The exigencies of family supplementary requirements took me to Canada in which country I am heavily involved in voluntary Missionary work,” reads Nyaundi’s letter seen by The NewsHawks. “In early year of 2021, I learnt through my resident family (two adults and seven children) that my plot had been re-allocated to Cde Isaac Mugwara. The message was delivered by Cde Isaac Mugwara who arrogantly introduced himself as the new owner.” “As from that year my family life has been turned upside down with numerable harassments and threats on my family lives. Faced with this crisis, I had to take leave of absence from work and fly back to solve this crisis. I have learned a lot from my personal experience. I can safely conclude that your District Lands Officer (DLO) official conduct borders on; fraudulent clerical work aimed at taking away my legal rights as an accomplished senior citizen who contributed to the national war of liberation and sustenance of that legacy.” Nyaundi said the double allocation of the land in question undermines the work he has done in the liberation struggle. “Sir, having contributed so much for my country, making a life’s sacrifice by leaving a ‘village’ to join the liberation war, by God’s grace survived and still humbling myself and family to settle on village whose farming area is a wetland and gumtree plantation and did a lot in bringing together fragmented families into a loving community of progressive village brings emotional discomfort,” said Nyaundi.. “The unprocedural double allocation without regard to resident family (23 years) and its community consequential psychological impact to minors let alone adults requires your Ministerial attention. I remain hopeful of your Honorable intervention. Your Humble Loyal Servant.” A police report made of 24 December 2003 after an attack at the farm reads: “On the 24th day of December 2003 at about 1800 hours, four accused persons approached Kudzai Nyaundi, a relative residing on the farm, who was at home with his young brother Farai Nyaundi and their grandfather Mr. Nyaundi (93). They were armed and Kudzai demanded to know why they were there. They flashed their government IDs pretending to be detectives searching for weapons they claimed were left by former farmer farm owner Colleen Patterson for their father Lazarus Nyaundi to use.” “They manhandled Kudzai and forced their way into the house. They locked Kudzai and the maid in the wardrobe after threatening them with death. They then ransacked the house and stole the following; 24-inch television, Turbo VCR and cash, all valued at ZW$5 083 000.” The matter was reported on 24 December 2003 and investigated by police in Beatrice under CR128/12/03 and later CID Beatrice DR13/01/04. The war veterans' association has urged the government to uphold rights enshrined in the constitution to ensure justice for the war veteran. “ZNLWVA expresses profound sadness over the situation where a war veteran and retired public official, who dedicated their all for the betterment of their motherland, is unable to resolve a land conflict concerning a six-hectare farmland,” Edward Dube, the ZNLWVA secretary-general, told The NewsHawks. “In light of this distressing background, it is imperative that the government takes action in accordance with the constitutional and statutory rights enshrined in Section 23(3), 3(i) of the Constitution, as well as the provisions outlined in the Veterans of the Liberation Struggle Act (Chapter 17:12) of 2020. The ZNLWVA calls for the government to exercise these rights and provisions to address the land dispute and ensure justice for the war veteran who has contributed significantly to the nation's liberation struggle and public service.” There has been a wave of dispossession and repossession of land in Zimbabwe, targeting people perceived as government critics as well as vulnerable communal communities. For instance, rural communities in Zimbabwe, such as those in Chilonga in Chiredzi, Dinde in Hwange and villages in Chipinge are fighting to retain their ancestral land, following displacements effected with express government approval. In 2022, Zanu PF secretary for administration Obert Mpofu made a spirited attempt to take over a farm belonging to the executive director of the Open Society Initiative for Southern Africa (Osisa), Siphosami Malunga and his business partners, which they bought and have title deeds to. The farm belonging to Malunga and his partners was saved only after the Supreme Court ruled against Mpofu. Malunga is son of the late national hero Sydney Malunga. Ex-combatants slam land grabs Agriculture minister Anxious Masuka


Women in Politics News Page 25 Murky fund swallows more parastatals OWEN GAGARE PRESIDENT Emmerson Mnangagwa has amended the fourth schedule of the Sovereign Wealth Fund of Zimbabwe Act by including Fidelity Gold Refinery (Private) Limited and Zesa Holdings among other parastatals to the controversial Mutapa Investment Fund (MIF), which critics say is a vehicle to loot state assets. The amendment comes at a time the President is being sued by Harare lawyer and businessman Frederick Nyamande over the promulgation of the MIF which he argues allows the head of state to loot public resources. The amendment was made through Statutory Instrument 51 of 2024. Mnangagwa said he made the amendment after consulting the Mutapa Investment Fund board. “This notice may be cited as the Sovereign Wealth Fund of Zimbabwe (Amendment of Fourth Schedule) notice, 2024. The Fourth Schedule (“Assets Forming Part of Initial Capital of Mutapa Investment Fund”) to the Sovereign Wealth Fund of Zimbabwe Act [Chapter22:20] No. 7 of 2014) is amended by the addition of the following items: “Aurez Private Limited, Export Credit Guarantee Corporation of Zimbabwe (Private) Limited, Fidelity Gold Refinery (Private) Limited, Homelink Private Limited, Homelink Finance  (Private Limited, Zesa Holdings Private Limited, Zesa Enterprises (Private) Limited.” Mutapa Investment Fund is a pool of resources, that is public equities, commodity royalties and allocations from the government that will be invested in future. The history of the fund dates back to 2014 and has clear objectives such as to invest for future generations and support the country’s development goals, among other objectives. On 19 September 2023, Mnangagwa controversially promulgated Statutory Instrument 156 of 2023 (SI 156/2023) which changed the name of the Sovereign Wealth Fund of Zimbabwe to MIF. No official reasons have been given for the renaming of the fund. Critics complained that the renaming was never explained yet it gives Mnangagwa unfettered powers to appoint the chief executive officer and all eight members of the Mutapa Investment Fund board. He is not bound by any recommendations from anyone. State enterprises or parastatals commandeered to be under the dodgy MIF include Defold Mine, Zupco, Kuvimba, Silo Investments (Grain Marketing Board commercial arm), the National Oil Company of Zimbabwe, the Cold Storage Commission, Petrotrade, POSB, NetOne Cellular, the National Railways of Zimbabwe Holdings and NRZ Ltd, TelOne, Arda Seeds, Zimbabwe Power Company, Powertel, Allied Timbers, Telecel Zimbabwe, Air Zimbabwe, Industrial Development Corporation, Cottco, AFC Limited and Hwange Colliery Company Ltd. Critics said the effect of putting all the companies under one roof is to create a behemoth whose operations and transactions are not subject to public procurement laws, parliamentary oversight or disclosure to the public. This, they said, undermines constitutional principles of good governance, transparency and accountability. The fund’s managers and employees are “sworn to secrecy”, further making it opaque and vulnerable to corruption, while blocking access to information. The fund will be able to transfer and externalise foreign currency without foreign exchange controls. The International Monetary Fund Article IV mission led by Wojciech Maliszewski — which visited Harare from 31 January 14 February — to discuss the authorities’ request for a Staff-Monitored Programme and commence 2024 Article IV consultations, urged the government to introduce reforms and be transparent on the dodgy MIF affairs. “Structural reforms aimed at improving the business climate, strengthening economic governance and reducing corruption vulnerabilities are key for promoting sustained and inclusive growth and would bode well for supporting Zimbabwe’s development objectives embodied in the country’s National Development Strategy 1 (2021-2025),” the IMF said. “In this context, the mission encourages the authorities to ensure that the corporate governance arrangement, transparency and financial reporting, and accountability oversight of the recently established Mutapa Fund are in line with international standards and good practices.” Late last year, former Finance minister Tendai Biti said the MIF is unconstitutional, illegal and opaque, as well as murky and muddy to ensure that it is not transparent and accountable to facilitate looting on an industrial scale. “The Mutapa Investment Fund is conceptually flawed; it is like an asset management behemoth created to house state enterprises and related assets illegally, make them fungible and easily transferrable. It’s not a typical sovereign wealth fund as we know it. It’s not like Norway’s US$1.4 trillion Sovereign Wealth Fund, the biggest in the world, for sure,” Biti told The NewsHawks in an interview. “A normal sovereign wealth fund is a stateowned investment fund comprising of money generated by government surplus reserves or its resources to create wealth for current and future generations. It’s a pool of assets owned and managed directly or indirectly by governments and invested in stocks, bonds, real estate, precious metals, or in alternative investments such as equity funds or hedge funds to achieve national objectives. “For instance, before this Mutapa scam, we had created a proper sovereign wealth fund in 2014 because Zimbabwe has world-class deposits of gold, platinum, diamonds, chrome and now lithium. Yet these are non-renewable natural resources so we need to exploit them for current and future generations. Collect royalties and invest them in a sovereign wealth fund.” Biti says the changing of the SWF to MIF has created a conduit for industrial-scale looting. “Mnangagwa’s opaque structure is a scheme for a grand heist. We will witness unprecedented grand scale looting and industrial-scale corruption under this Mutapa Fund. The structure is flawed conceptually. It is also unconstitutional. It is illegal. It was established through a statutory instrument, a presidential decree, violating the constitution, laws and principles of separation of powers,” he said. Lawyer and former legislator Fadzayi Mahere said the entity is unconstitutional. “The most concerning feature of the recent purported amendment to the Sovereign Wealth Fund of Zimbabwe Act by Mnangagwa is that it is unconstitutional in a number of respects,” she said. “As a starting point, the amendment was introduced by way of a statutory instrument, which violates section 134 of the constitution. The said section prohibits the enactment, amendment or repeal of legislation by way of a statutory instrument. Only Parliament can make, change or remove laws.” NewsHawks 1ssue 170, 15 Marxh 2024


Page 26 News NewsHawks Issue 170, 15 Marxh 2024 PETER FABRICIUS FORMER Zimbabwean finance minister Tendai Biti, has warned South Africans to use their votes on 29 May to prevent South Africa from going the same way as his country — and other regional countries ruled by liberation movements. Speaking at the Daily Maverick’s Gathering Twenty 2024 in Cape Town on Thursday, Biti, now the second vice-president of the opposition Citizens' Coalition for Change said all six former liberation movements of southern Africa were gripped by the same liberation ethos which was a preoccupation with power rather than the development of their countries and their people. Unless the ANC transformed itself, it was in danger of dying the way the United National Independence Party (Unip), the independence movement of Zambia and Kanu, the independence movement of Kenya, had died, Biti said. “The liberation movement that fails to transform, the liberation movement that fails to democratise itself..atrophies, it disappears. “And I think you are seeing slowly here in South Africa the withering of the liberation movement,” he added, noting the decline in ANC electoral support from the high levels under Mandela to May 2024, when “if they get 40% or 44%, they would have done very well.” Biti said he believed that if the South African liberal author Alan Paton, who wrote the seminal pre-apartheid novel Cry, the Beloved Country in 1948, were to be resurrected and wrote a novel set in present-day South Africa “the title of his new novel would probably be Scream, My Beloved Country”. “So the acceleration of South Africa towards a state of state failure is beholding and bewildering to many Africans who live north of the Limpopo because of the huge vast resources that your country has,” including a gross domestic product of almost US$500 billion, Biti said. “But the story of South Africa is a story that has been narrated and lived in much of Africa, where it’s been characteristic of state failure, of pseudo-elections, the ritual of elections that are held every five years.” There will be 19 elections in Africa this year, including five in southern Africa in South Africa, Botswana, Namibia, Mozambique and Mauritius. Yet most elections since independence in Africa have made no difference and often served as mere rituals. Part of the challenge in South Africa was the dominance of the liberation ethos — as it was in Zimbabwe under Zanu PF, in Angola under MPLA, in Mozambique under Frelimo, in Namibia under Swapo and in Tanzania under Chama Cha Mapinduzi (CCM). He said over 200 million citizens in the sub-Saharan region lived under the liberation movement. And the problem with the liberation movements was that they were geared to liberate but not to transform and economically liberate their citizens. So most still lived in poverty. Part of the problem, Biti added, was that the liberation movements were concerned with power for power’s sake instead of power to develop the economy. The liberation movements had all been driven by the pursuit of power at any cost, the personal aggrandisement of their own leaders and the failure to build the nation-state “in the sense of a cohesive, social fabric which brings every individual, every ethnic group together”. And because they had failed to transform and to deliver jobs, they had resorted to a primitive accumulation culture of entitlement, the culture of “we are entitled to tenders and huge contracts because we liberated you”. He said in Zimbabwe, one could not get a job or a contract in the public service unless one had participated in the liberation struggle. In all these countries, there was rule of law for others and rule by law — or impunity — for the leaders. “Firstly is the weaponisation of poverty, the weaponisation of harm. “Sixty-nine percent of the poorest people in South Africa vote for the ANC. “In Zimbabwe, where I come from, the ruling party finds dominance in the rural areas where poverty is the order of the day. “So poverty is weaponised. Ignorance is weaponised.” Biti said building a strong development of states in which entrepreneurship and capital are allowed to flourish is key. “Because when a person has a job, when a person can go into a supermarket and be able to put food on this table, he or she will not be owned by any political party and any political person. “And here, the liberation movement has been very careful. “It has not allowed the emerging of independent black capital, which can hold it to account. “What, in fact, it has allowed, is the emerging of a parasitic black capital that owes its survival to it through tenders. “So, the independent black bourgeois, independent black capital is not allowed to exist because independent black capital becomes a threat himself to power.” Biti said in Zimbabwe the constitution was no more than a worthless piece of paper whereas South Africa had been saved by the courts in upholding its constitution. He said in other regional countries the citizen bore some responsibility for state failure because he or she had allowed the liberation movements to seize complete control. In South Africa, there was still hope “but the citizen must play his role”, he said. “And I hope that the citizens gathered here will understand that on the 29th of May, you have a historical mission of taking your fate back into your own hands.” — DAILY MAVERICK. SA voters must stop slide towards Zimbabwe-style failed state: Biti


News Page 27 BRENNA MATENDERE ACTING leader of government business in Parliament and Skills Audit minister Paul Mavima was cornered by legislators on Wednesday for misleading statements that Zimbabwe is food secure yet grain silos were recently found empty in Banket by a committee of MPs. Last month, reports emerged from USAID that due to a shortage of grain, Zimbabwe is supposed to import 450 000 metric tonnes of maize this season to reach the 2.2 million metric tonnes required per year. This excludes the mandate to maintain a minimum strategic reserve of 500 000 metric tonnes of grain in physical stocks. The dire situation has been worsened by the climate crisis whose effects the government is grappling to contain. In Parliament on Wednesday, Citizens' Coalition for Change Mbizo MP Corban Madzivanyika was the first to take Mavima to task over the issue of food security. “My question is a follow-up to the issue of the availability of grain reserves in this country in light of the pending drought that we are facing. Just last week or two weeks ago, the Parliamentary Portfolio Committee on Lands, Agriculture, Fisheries, Water and Rural Development had a meeting with the Grain Millers' Association of Zimbabwe indicating that they have enough grain reserves. “A week later, the Portfolio Committee travelled across the country in particular to Norton and Banket, but then we realised that there were no grain reserves in those areas…” he asked. Mberengwa Zanu PF MP Tafanana Zhou tried to interrupt. “On a point of order! The member is now pre-empting the work of the committee. The committee will present the report here in Parliament,” he said. However, deputy speaker Tsitsi Gezi protected the MP and allowed him to proceed. “So, this work was beamed live on social media, specifically on Open Parliament, and that is where I took this information that I am talking about. So, when this Portfolio Committee visited our grain reserve, they realised that there was no grain reserve. Can the leader of government business reconcile what was found physically versus the submission that he made that we have enough grain reserve in Zimbabwe?” Cornered, Mavima tried to water down the question. “The honourable member premised his question with an indication that GMAZ, which is an association of private millers, indicated that they had grain and that is the information that the government has that the private millers are holding grain for their purposes. “It will also interest this House to know that the government has allowed private millers, in anticipation of the drought that we are faced with right now, to continue to import for their purposes. So, there is a difference between what private millers hold and what is in the strategic grain reserve. The other aspect is that this honourable member is referring to anecdotal data that is coming from two silos, one of them being Banket. "On the basis of whatever they found there, and he then said there is no grain in the Strategic Grain Reserve of this nation. A person cannot conclude after visiting two storage facilities and then conclude for the whole country does not have grain. The honourable member has to be logical in making his conclusion. The truth of the matter is, we are currently…” Before he could finish, the CCC MP for Nkayi South, Jabulani Hadebe, interrupted. “The honourable minister is misleading the House. He should tell us which silos have got grain.” Mavima responded: “My question is that we are currently distributing grains coming out of that strategic grain reserve. There are lots of areas this past week that received grain for those that are facing food deficit in this country. So, there is grain in the National Strategic Grain Reserve.” Pelandaba-Tshabalala MP Joseph Tshuma of Zanu PF weighed in. “While appreciating the government’s position on the security of our grain, my question to the leader of government business today is: what is the government’s policy and position on the same grain getting to the urban areas because we are very much affected by this drought?” Mavima at this stage said the government has begun distributing grain in the rural areas because a process of ascertaining the levels of food insecurity in communal was completed. “We have just received information to the effect that the urban assessment has also been completed, but the report is still to be finalised and brought before cabinet. It is upon this basis on which interventions in the urban areas will be undertaken. The programme is not leaving anyone behind among the urban households that are food insecure.” Zimbabwe is in the grip of a massive hunger crisis which is coming in the middle of a worsening economic meltdown. The El Niño-induced disaster is threatening to bring the country to its knees. According to international humanitarian institutions, about 2.6 million people, including 1.7 million children, are expected to require urgent humanitarian assistance. According to the Famine Early Warning Systems (Fewsnet’s) forecast for February to May, food insecurity across the country is set to worsen, with parts of Matabeleland, Mashonaland West, East and Central provinces being among the worst affected. A food Security and Markets Monitoring Report issued by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) in January painted a gloomy picture. “If the dry conditions persist, parts of the southern region are likely to see an increase in food insecurity as well as challenges in accessing water for both human and livestock consumption,” reads the report. According to a situational report released by the World Food Programme recently, about 4.4 million Zimbabweans face hunger. The WFP said the desperate hunger situation is exacerbated by the harsh economic situation. “Below-normal access to income and ongoing macro-economic challenges will likely deepen the challenges faced by vulnerable households in accessing essential needs,” reads part of the report. Mavima cornered over false food security claims Acting leader of government business in Parliament and Skills Audit minister Paul Mavima Zimbabwe is in the grip of a massive hunger crisis. NewsHawks 1ssue 170, 15 Marxh 2024


Page 28 Obituary DUMISANI MULEYA IT is hard to find a patron who would mostly and consistently drink in one bar for 44 years — more than a whole generation; a lifetime in many ways. Yet Chemist Siziba, a local telecoms businessman and socialite, did. Before he died of kidney failure last week on Saturday at Parirenyatwa Hospital in Harare, Siziba had regularly patronised Oasis Hotel Bar along Nelson Mandela Avenue in the capital for 44-odd years. At his peak he ruled the roost at the bar, pumping energy, ideas and insight through his brilliant mind, while sharing infectious humour, laughter and light-heartedness. He spent money like confetti at a wedding entertaining his friends. Anyone who rubbed shoulders with Siziba would testify to his brilliance and humour, in many ways he was ahead of his time. In a progressive society, he could have been a Silicon Valley-style technopreneur. His contribution to the advent of mobile phone technology in Zimbabwe was immense. Econet billionaire Strive Masiyiwa and others know that. He held good and bad memories on Masiyiwa, especially on telecoms issues. From time to time, Siziba asked me to help him write his biography. I regret not taking his offer seriously. Electronics engineering, a sub-field of electrical engineering — his area of study, and telecoms were going to be major subject matters in his book. Electronic engineering, as he would explain especially over a drink, is all about creativity and innovation. To capture his favourite line, Siziba would say: “The whole area of engineering is about designing, making, running, and servicing things that people need to make life simple. That is why we need engineers to rule this country!” Siziba strongly made a case for engineers to be leaders. He argued these are people who have a vision for how to make things work — and a plan for how to do it. They have the knowledge and problem-solving skills to come up with practical solutions to improve how something is done. If there is one quality that defines an engineer, it is the ability to solve problems — including those that may at first seem insoluble. Engineers are trained to figure out how to make things better, whether it is product, technology or a process. They learn how to approach challenges and use their critical-thinking skills to explore possible solutions. Knowing how to do this is useful in all areas of life, particularly when you are in a leadership position, he would say. Besides, he was proud of his role during the liberation struggle and his journey in business. Politics, leadership, governance and the political economy piqued his interest and debates. He always liked referring to the Chinese economic model. In another life, Siziba could also have been a brilliant politician, but then he had immeasurable contempt for politicians in general, as one of his old friends Walter Mzembi, former Tourism and Foreign Affairs minister, observed. Interestingly, Mzembi is an engineer. As a person, Siziba was a jolly-good-fellow; good-natured. It was hard to see him angry. Disappointed, exasperated and frustrated yes, but hardly angry. Humour was his stock-in-trade. Who would forget his hilarious Oasis refrain or humorous line whenever he entered the bar: "Vachaita sei? Tavaziva vanhu vacho. Vacham*m*. MuZezuru give me some booze and order one for yourself . . ." Or his light-hearted claim that he completed education. “I’m the only man who defies Shona logic. They say kudzidza hakuperi; ini ndikapedza! Mina ngafunda ngaqeda. (They say education is a lifetime pursuit, but I completed education). Drinking or a weekend would not have started at Oasis until he arrived. He was larger-than-life there. When he hit hard times after squandering his Cosmos Cellular fortune with his close employee/friend Fortune Ncube (also late) — no pun intended, he never stopped drinking there. Even when he appeared down, he refused to be out. Many who drank at Oasis first saw a pile of ZW$1 million in the late 1990s (a lot of money then) at the swimming pool next to the bar when he brought the money in a bag with Ncube to sponsor a football tournament — Cosmos Cellular Football Challenge — between Highlanders and Dynamos. They splurged money with reckless abandon, but all the same he remained humble. Continuing to drink at Oasis years later when he became broke showed he was a strong character. Few would do that. That was also testimony to his love and attachment to the place. Siziba was friends with many, but his son Dumile came tops. He always called him to bring him one thing or another, or to fetch him if he was not driving. He loved his son a lot. He was immensely proud of his family: wife Margaret, Dumile and his daughter Thandeka. They equally loved him. The way they cried, especially his wife, when he body was leaving for burial on Thursday was heartrending. His brothers also reeled in anguish, like many who were pained by his death. It was more painful to see them weeping than see Siziba’s lifeless body lying flat in a casket, marking the end of a long journey in his life. Different generations found and left him at Oasis. It was now in his blood and part of his way of life, which only death could change. The hotel opened in 1975 and has been renovated several times to keep up with the modern trends to satisfy dynamic customer tastes and needs. Siziba's Oasis drinking story is both deeply political and social. He started drinking there in 1980 when Zapu and Zipra leaders and commanders returned home from the liberation struggle in exile in neighbouring Zambia, and made it their drinking hole. Zapu and Zipra were based in Zambia, while Zanu and Zanla were in Mozambique. Because of that, many other people, mainly Ndebeles, came there to drink, socialise, share information, ideas and perspectives on issues. It eventually became like a bar for mostly Ndebeles in Harare. Although many other people of different backgrounds drank there, for decades it was mostly for Ndebele speakers. The situation has changed now, although Siziba was the last man standing as he often did during our drinking sprees. Siziba and his colleagues called the bar Emthonjeni (a water well — drinking hole in Ndebele). At one time, the bar was like a political hotspot, a cauldron of fierce debates on current affairs and history, meetings and action, as well as repressed anger over a whole range of issues, particularly politics. For journalists, it was a major source of stories for writing or just knowing. One of the biggest stories in local media in recent years — the 2004 South African Spy Ring exclusive — came from there. The source, a Siziba friend and later my good buddy, is now dead and can be named if need be. It was not Siziba, but a senior Central Intelligence Organisation (CIO) officer who drank at the bar. Another interesting story (which would have been interesting to the public, but perhaps not necessarily in the public interest) that Siziba shared was how he stopped his kids from playing at the late former president Robert Mugabe’s home after his friend Leo Mugabe warned him that his uncle was beginning to think he was using children to get close to his wife Grace to strategically position himself to make some advances. Siziba said Leo told him Mugabe was suspicious after the James Makamba stories and would not tolerate a man hanging around there; coming in and out of his home even if he was fetching kids from playdates. There was also the story of how Mugabe one day went incognito to search Makamba's Blue Ridge Spar or Sweet Valley on Maryvale Farm, Mazowe, to seize Grace's personal effects as evidence of her alleged relationship with Makamba. The story of Oasis Hotel and Chemist Siziba’s life The late Chemist Siziba NewsHawks Issue 170, 15 Marxh 2024


Obituary Page 29 The story was never published, but circulated at Oasis. In a bid to verify it, I went with a colleague at The Zimbabwe Independent in 2004 to see a Mugabe security aide at Red Fox Hotel in Greendale in Harare, but there were no takers. A few editors in Zimbabwe and South Africa felt it was too risky. We abandoned it, but I was convinced after verification it was true. The colleague I went with to verify the story later turned out to a CIO informer or agent. He was fired for that. I was later to ask Makamba, at local businessman Mutumwa Mawere’s house in Rivonia, Johannesburg, in 2006 about his alleged secret relationship with Grace. After a long discussion on a chilled weekend, he neither confirmed nor denied the story.   But Mugabe’s hostility to Makamba, including detaining for a long time before he fled to South Africa, suggested it was true. Around the time, I met Makamba at Sandton Mall, Johannesburg, one day and he looked terrified as we chatted about his detention and flight from home, which was to keep him away for 12 years. For these reasons and many others, Oasis attracted teeming and sniffing state security agents on the spying prowl. Many a time state security agents were caught recording patrons and Siziba would say let them record. "Akesimeni madoda (let's wait, guys). Kanti vele bafunani (what do they want in the first place?); well let them record," he would say. But he would then privately complain to senior CIO officers who were patrons, saying the bar was being turned into a "Gestapo state". He often told stories about the Cold War exploits of Stasi, the East Germany state security service. Stasi was like the Soviet Union's KGB. Siziba was trained in Russia on intelligence work. KGB and Stasi helped Zapu and Zipra during the struggle. Zipra military commanders and intelligence officers, including Dumiso Dabengwa, who was their overall boss by 1979, were mostly trained in the Soviet Union. Hence Dabengwa was called the "Black Russian" due to his training in Russia and wartime intelligence exploits. That gave patrons clues about Siziba's history, background and publicly unknown role as a Zapu intelligence officer under the National Security Organisation (NSO) led by the late Dabengwa during the liberation struggle in Zambia. Local state agents once marked Oasis as a security threat and deployed spooks to monitor it. Football also played a part in making Oasis a great bar. When Zapu and Zipra comrades made Oasis their drinking place, Bulawayo football giants Highlanders, a club which Siziba liked a lot, began camping there for their matches in Harare, further attracting its supporters to the bar and making it more lively. After their matches — win or lose — Bosso officials and players always swarmed Oasis. In recent years, people flocked to the bar to watch international football. At one time Oasis made people pay to watch football there. Of course, Siziba did not pay. Different musicians played at the bar, including Tanga wekwa Sando and the patrons' favourite artist in later years Lwazi Tshabangu. Tshabangu is a Lovemore Majaivana lite and admirer. Majaivana's songs were a main feature at the bar, sometimes the whole weekend would have Majaivana's best collection of hits playing throughout nonstop. Siziba's best song was Majaivana's track Inhlanzi yesiziba, which was put on repeat ad infinitum, again and again. The song's lyrics went: "Njelele njelele nhlanzi yesiziba zwino yabanjwa ngumdaka . . . Ngivele ngabona ngokubotshwa kukaSiziba bazangifak' ejele . . ." Roughly, it talks about a catfish trapped in mud (denoting difficult survival) and the arrest of a mysterious and influential figure called Siziba, signifying a crackdown and looming trouble ahead. This song, released in 2002, allegorically put Gukurahundi into the frame as Majaivana always did subtly in his lyrics and messaging at the time. As local journalist Dr Mthulisi Mathuthu — an Oasis patron of note for years — wrote in a journal article, Subversive Verses: How Ndebele Musicians Counter-Framed the State Propaganda on The Gukurahundi Genocide, while government used its coercive and ideological state apparatus to frame Gukurahundi as suppression of an armed rebellion by dissidents with the help of some local artists who became enablers to the killings, musicians like Majaivana also successfully counter-framed the massacres as genocide using subversive metaphors, allegories and analogies that consolidated a counter-narrative of the story or counter-hegemony. Siziba would claim Majaivana was singing about him in the heavily allegorical political song, but that was never verified. Siziba would say "wayesitsho mina" (he was referring to me), but never produced evidence to back his bold claim. Yet it is interesting because Majaivana and Siziba were friends. At one time Siziba hired Majaivana and Albert Nyathi in 2000 to perform at his farm in Shangani the whole night in honour of his mother. Only Majaivana, who is now based in the United States, can confirm Siziba's claim that the song was about him in a Gukurahundi context. Siziba was born on 30 June 1947 in Gwabila, Filabusi, Insiza district, Matabeleland South province. He grew up in the area herding cattle in Mbondweni with other boys of his generation across Manz’amhlophe River. Those who grew up with him say, while he was good at many things like school and athletics and towered high above other boys in height he was not good at fighting boys of his age during cattle herding. In other words, he was not an “ingqwele” when boys were set on each other to fight to prove who was the champion of the area (isigodi) – ukuqhatha in Ndebele/Zulu. His junior during life in the village, Zwide Peter Khumalo, who later became his student with the likes of Theo Khumalo, former Colcom chief executive, says Siziba used his lighting speed not to chase other boys, but to run away from those he feared like Vikita, a herd boy. This story was told by Zwide Peter Khumalo in his interesting brief obituary of him. Siziba did his primary and secondary schooling at the Brethren-in-Christ Church Schools in the area, including Gwabila, Lubuze and Wanezi primary schools. He then went to Matopo Secondary School. From there, he proceeded to Fletcher High for A-Levels. He was brilliant and set an academic record in his area, just like he also set a record as an athlete. In 1971, he went to the University of Rhodesia. While studying for an Agricultural degree there, he became a student activist which made him unable to complete his degree programme. Luckily, he secured a Commonwealth scholarship to go the University of Bombay (Mumbai) where he obtained a BSc degree in Electronics Engineering. During his time in India, his political activism and resolve grew as the liberation struggle intensified. Siziba left India for the United Kingdom to join staff at the Zapu office there. He worked as a deputy engineer for the BBC in 1977 and several other London places. In 1978, Siziba left UK for Lusaka, Zambia, to join the liberation struggle at the front and was part of a 25-member team sent for intelligence training in Russia, alongside Bernard Ncube, Ivathi Ndlovu, Patrick Mlilo, Martin Jabulani Shatin, Mxolisi Ncube, Obert Ndlovu, S. Ndlovu, and Mandlenkosi Ncube. He was then posted to Lusaka at the Zapu headquarters where he served with Jeremy Brickhill, Advocate Nkiwane, Frazer Nyathi, Sam Madondo, Victor Mlambo, King Nebart Madida, Swazini Ndlovu and T.G. Sibindi. He was then posted to NSO,  Zapu’s intelligence arm, responsible for external intelligence operations. He worked closely with Dabengwa and Zapu leader Joshua Nkomo, among others. After the historic Lancaster House ceasefire and transitional talks in London at the end of liberation war, Siziba returned home with the Zapu delegation. He then joined government in 1980 working under senior Zapu nationalist leader George Silundika who was then Minister of Roads, Post and Telecommunications as an Assistant Secretary. Thereafter he worked in the Ministry of Industry and Technology, having risen through the ranks to become Under Secretary and then Deputy Permanent Secretary, the rank at which he left government after eight years. After leaving government service, he went into business and established his own bicycle manufacturing company, Norton Cycles. He also ventured into the food production sector, becoming one of the first cornflakes manufacturers. In the 1990s, he became an active lobbyist and driver of black empowerment, hence leader of the Indigenous Business Development Centre which he co-founded in 1991 with Ben Mucheche, Leo Mugabe and Masiyiwa, among others. In 1996, Siziba founded Cosmos Cellular as one of three companies that were service providers to the newly established NetOne, a state-owned national mobile telecommunications company. Cosmos grew to be a viable company that assisted the expansion of cellular network coverage in Zimbabwe. It also carried out several corporate social responsibilities, including sponsoring the Cosmos Cellular Football Challenge Cup between Dynamos and Highlanders, Mthwakazi Golf Society and other sporting and cultural activities. However, contractual disagreements with NetOne led to its liquidation. He later formed an Internet access provider company called Broadlands Networks which offered fibre optic data services to clients. At the time of his death, he was involved in another game-changing project in the region. He was an adviser to a mega water supply project for the supply of water from Tete province in Mozambique to Harare and surrounding areas, while mitigating impacts of climate change on water supply in southern Africa. Siziba, as a socialite in Harare and Bulawayo circles, will be remembered for his love of good debates, love for Highlanders Football Club and his witty humour. For some and indeed for sometime to come, Oasis Bar will be a dark, lonely and lifeless tomb without Siziba. Certainly, as the hotel's managers and staff said a tribute dedicated to him on video, Oasis will never be the same again without Siziba. Saka vachaita sei? RIP Oasis legend. Hamba kahle Siziba, Godlwayo Omnyama, Mahlabayithwale, Chothozwa, Musaigwa, Bra Chem. Hwanqa!!! Soldiers laying Chemist Siziba to rest at Glen Forest Memorial Park in Harare. NewsHawks 1ssue 170, 15 Marxh 2024


Page 30 News NewsHawks Issue 170, 15 Marxh 2024 THE High Court has granted a provisional order directing social media activist Rutendo Benson Matinyarare to pull down defamatory material against members of the Grain Millers' Association of Zimbabwe (GMAZ) which he posted on the X platform. Matinyarare has also been prohibited by the High Court from publishing any defamatory content against GMAZ members. The order was issued on Thursday by High Court judge Samuel Gede. Matinyarare published defamatory articles using his X account, levelling allegations which GMAZ said are harmful to it and its members. He published on his X account a post titled “Innscor GMOs risks exposing Zimbabweans, Zambians, Kenyans & others to biological weapons”. This was after the millers had announced their intention of importing 1.1 million tonnes of maize to augment government efforts to ensure the availability of maize-meal in the country. Matinyarare published that the millers wanted to import genetically modified organism (GMO) maize which he said had side effects if consumed by humans. Matinyarare published another post on his X account with one titled “Tafadzwa Musarara’s claim that GMOs don’t have side effects is not scientific”. Tafadzwa Musarara is the chairperson of GMAZ. In a court action filed on Monday, GMAZ cited Mr Matinyarare and the National Biotechnology Authority of Zimbabwe as respondents. GMAZ sought an interdict stopping Matinyarare from publishing any further content considered defamatory against its members, until the finalisation of the suit.   In its court papers, GMAZ said that Matinyarare's social media posts remained available online to readers and anyone conducting research on the millers’ association would encounter the defamatory material. “The harm, therefore, continues to be suffered by the applicant, if not urgently averted,” said GMAZ. “There is also a real apprehension that first respondent at any moment may post further defamatory content to the extreme prejudice of the applicant members,” GMAZ said. “Applicant’s members stand to suffer irreparable harm if urgent relief is not provided as defamation is usually more far-reaching than the redress and the longer the offending content remains online, the more likely that the harm suffered will increase by each day that the offending content remains available to members of the public and consumers of the products that are produced by Applicant’s members. Applicant has no other remedy than to approach this court for relief.” GMAZ’s lawyer Simon Chivizhe told The NewsHawks after the ruling that: All the articles that he published were defamatory in that they made allegations against GMAZ members which were clearly plainly untrue and defamatory in that those articles that Matinyarare published sought to give the position that grain millers are selling poisonous food products to members of the public. Matinyarare also sought to intimate that GMAZ members are producing products that contain cancer-causing agents. Matinyarare also sought to intimate that GMAZ members are under a mission to weaponise grain and food products to reduce the reproduction of black people in Zimbabwe which is really quite ridiculous and some sort of conspiracy theory which is not supported by any kind of empirical data or any kind of truth in them. Matinyarare also sought to intimate that the products of GMAZ members are otherwise sub-standard and of low quality and he also sought to intimate that GMAZ members do not comply with laws governing food safety standards in the importation, manufacturing and production of food. Matinyarare also sought to intimate that GMAZ members do not adhere to the applicable laws and regulations of Zimbabwe regarding the manufacturing of food products and he also sought to intimate that GMAZ profit from the misery of the Zimbabwean consumer.” Chivizhe said these statements were harmful given the El Niño-induced drought. “It so happened that the court agreed with us and granted a provisional order against Matinyarare,” he said. Recently, Innscor Africa obtained a takedown order against Matinyarare, after he had posted videos online accusing the company of “destroying the taste of Zimbabwean food” while also labelling company founder Mr Zinona ‘Zed’ Koudounaris a “Rhodie”. The Johannesburg High Court ruled Matinyarare’s claims were “defamatory,” leaving him facing a damages claim from Innscor and Koudounaris, as well as a huge legal bill, in the event Innscor wins the case. — STAFF WRITER. Grain millers win takedown order against Matinyarare Social media activist Rutendo Matinyarare Pact for recycling carton packages signing ceremony: From ( L) Masale Manoko assisting Tendayi Marecha from the Dairy Processors Association of Zimbabwe, Edwin Chilundo from Pro Dairy, Tatenda Napata from Kefalos, Greg Coleman from Montgomery Processors, Mercy Ndoro from Dairibord Zimbabwe and far (R) Tetra Pack Managing Director Southern Africa Klaus Plenge. The declaration of the first Zimbabwean Pact for Liquid Board Packaging with the participation of Tetra Pak️ and Zimbabwe’s dairy manufacturing industry was held in Harare on Wednesday. Pact is aimed at tackling the pressing issue of carton waste and creating tangible economic value by utilizing carton packages more efficiently and creating a sustainable circular economy for carton packages in the country. Pic: Aaron Ufumeli


News Page 31 Legal Insights THOMAS KANJERE Vs OLD MUTUAL LIFE ASSUARANCE COMPANY LIMITED SUPREME COURT OF ZIMBABWE UCHENA JA, CHATUKUTA JA, & MWAYERA JA HARARE: 19 SEPTEMBER 2023 & 15 MARCH 2024 T. Biti, for the appellant T. Mpofu, for the respondent MWAYERA JA: 1. This is an appeal against the whole judgment of the High Court (“the court a quo”) in which it upheld the respondent`s special plea of prescription and dismissed the appellant’s claim. Factual background • The appellant took an insurance policy with the respondent, which is a company registered in terms of the Laws of Zimbabwe. The respondent is in the business of banking, savings, investments and insurance services. The parties agreed to an insurance policy known as the “Independence Maker Insurance Policy (“insurance policy”). The appellant used his Air Zimbabwe Pension Fund exit proceeds to make a payment for the insurance policy. • In terms of the insurance policy, the appellant was entitled to a basic benefit of ZWL $35 521 (or USD$1 7138.88 plus profit). The maturity date for the policy was 1 July 2013. The guaranteed minimum annuity rate was set as ZWL $65.23 (or USD$31.50) per month per ZWL$1 000 (or USD$4 825) of the capital sum payable monthly in arrears, during the Life Assured`s lifetime with a minimum of 120 instalments. A single premium of ZWL$9 914 .24 (or USD$4 783.62) at issue date was agreed upon in terms of the contract. The respondent promised to pay the appellant ZWL$ 35 521 plus profits, on 1 July 2013, which was the date of maturity for this 24-year policy. Alternatively, the respondent promised to pay an amount equivalent to the purchasing power of this promise at the time of the agreement which was USD$34 856.75, when adjusted for profits. The promise of implied benefits was the reason why the appellant signed up for the policy. In 2010, the respondent, unsolicited, offered to pay the appellant USD$227.58 as the full value of the policy. The appellant rejected the offer and proceeded to seek advice from the Zimbabwe Pensions and Insurance Rights Trust, on the computation of the rightful maturity and pension due from this policy and hence the actual value of the policy. The appellant was advised that he was owed benefits by the respondent and that the benefits cumulatively amounted to a total sum of USD$34 856.75, being the sum of the basic benefits of USD$17 138.88 and profits of USD$17 717.87 at a constant rate of 3% throughout the maturity term. The amount represented a total that would buy the appellant’s annuity, which resulted from the maturation of the appellant’s Independence Maker Retirement annuity contract, issued by Old Mutual on 1 July 1989. The appellant filed a claim against the respondent on 15 April 2016, wherein he sought the payment of USD$34 856 .75, being the cumulative benefits arising from the maturation of the insurance policy. After service of the summons on 18 July 2016, the respondent in defending the claim raised a special plea of prescription since it alleged that the claim was based on the contract entered into in 1989 which matured on 1 July 2013. Thus, according to the respondent, the cause of action arose on 1 July 2013 and accordingly in terms of s 14 (1) and s 15 (d) of the Prescription Act [Chapter 8:11] (“the Act”), the failure to act when the cause of action arose rendered the appellant`s claim prescribed. PROCEEDINGS A QUO • Before the court a quo the parties proceeded by way of a Stated Case, in respect of which they filed for the determination of the issue of prescription. It is necessary to outline the statement of agreed facts in order to assess the decision of the court a quo in holding that the appellant’s claim had prescribed. • “THE STATEMENT OF AGREED FACTS DEFENDANT’S SPECIAL PLEA • Take notice that for purposes of advancing their respective contentions on the special plea of prescription, the parties agree that the following facts are common cause: (1) That in the year 2010 and subsequently in September 2011 defendant was advised of the value of his contractual benefits after conversions the details of the conversions were fully explained and an offer on early pay out was made. Plaintiff rejected the offer made. (2) That upon maturity of the policy in the year 2013 there was no change in the value of the policy. Defendant maintained its position on the value of the policy which position plaintiff did not agree with. (3) In February 2016, plaintiff issued summons against the defendant under HC 1218 / 16 claiming that the value assigned to the policy by the defendant was less than what plaintiff considered to be the true value. When summons was served this was less than three years from the maturity date being 1st July 2013. (4) On the 15th of April 2016 the action instituted by the plaintiff under HC 2018 was withdrawn. (5) The present proceedings were filed on 15 April 2016. The Sheriff attempted service on Kantor and Immerman on 22nd of April 2016 which service was refused. (6) The summons in the present proceedings were then served on the defendant directly on 18 July 2016. (7) The parties desire to argue in favour of their respective contentions on the basis of the agreed facts as set out above.” The court a quo was therefore addressed from the premises of the statement of agreed facts, in which the defence of prescription was not controverted by the respondent. The statement of agreed facts was silent on the defences but spoke volumes as regards the maturation of the policy and when the cause of action commenced. There was no mention of waiver or interruption of prescription. Further, in the appellant’s replication in the court a quo, the appellant gave a bare denial which is outlined below for ease of reference: “PLAINTIFF’S REPLICATION Plaintiff denies each and every material allegation of fact and conclusion of law in the defendant’s plea and joins issue therewith.” At the hearing in the court a quo, the parties relied on written submissions to motivate their respective contentions as outlined in the statement of agreed facts in respect of prescription. The appellant for the first time, argued that the claim had not prescribed because, firstly, the cause of action was not complete, and secondly, that the obligation to pay in this manner was continuous in nature. Further he asserted that in any event, prescription had been interrupted by the issuance of summons on 9 February 2016 under HC1218/16. The respondent on the other hand, argued that the cause of action as pleaded by the appellant in his summons was not of a continuous nature. The debt became due upon maturation of the policy on 1 July 2013. The respondent also contended that there was no interruption of prescription since the summons under HC1218/16 was withdrawn on 15 April 2016 as the respondent was not cited in that case. Further, the respondent contended that it was improper for the appellant to raise defences of interruption and waiver which were not in the pleadings and also not part of the statement of agreed facts. The court a quo upheld the special plea of prescription and held that the policy matured on 1 July 2013 and as such the cause of action arose on that date. The claim by the appellant arose from the maturity of the policy, whose benefits were due on 1 July 2013. By failing to take action and only claiming on 18 April 2016 the appellant sat on his laurels and only lodged a claim when the same had prescribed. The court a quo further upheld the special plea of prescription on the basis that the appellant had not in its pleadings raised the defences of interruption and waiver. It thus, on the basis of the agreed facts and pleadings before it dismissed the appellant’s claim. To be continued… Old Mutual wins intense court battle on insurance NewsHawks 1ssue 170, 15 Marxh 2024


Page 32 News Margaret Dongo speaks on Zim politics, current affairs Sponsored by: Margaret Dongo PROMINENT war veteran and opposition activist Margaret Dongo, who crossed into Mozambique at the age of 15 to join Zimbabwe’s armed liberation struggle, says she walked a difficult path in the war and later as a female politician after Independence. In a long interview with The NewsHawks (check out Twitter and Facebook pages), Dongo speaks on a whole range of issues, particularly the role of women in local politics, the difficulties which they face and the state of the country. In many respects, Dongo is a pioneer. She joined the liberation struggle as a teenager at 15. In August 1995, she became the first person to challenge election results against a Zanu PF candidate in court and won her case.  She became an independent MP. Dongo was born in the 1960s into a family of seven children. Her father was a builder and her mother a peasant farmer.  At the age of 15, she joined Zimbabwe’s war of liberation, and fought alongside her sisters and brothers for Zimbabwe’s independence, but also first and foremost to free the women in Zimbabwe from the bondage of patriarchy.  After the struggle, she co-founded the Zimbabwe War Veterans' Association to give voice to excombatants who were marginalised after the war.  She entered active politics and for many years served as a Zanu PF central committee and MP. In the 1995 elections, she was the first and only person to challenge vote-rigging successfully, and went ahead to win the subsequent run-off as an independent MP. While in Zanu PF, she was a member of a number of parliamentary committees, including the Public Accounts, the Committee on Indigenisation, and was chairperson of the Local Government portfolio committee.  She served in Parliament for 10 years before becoming the first woman to head an opposition party in Zimbabwe, the Zimbabwe Union of Democrats.  Throughout her life as an active politician, she has remained focused on improving the lives of women. It has not been easy. Society is still deeply patriarchal and not willing to easily reform. At a personal level, she believes in the power of self-actualisation, and has invested in her own personal development through education, including pursuing a master's degree in Public Administration at Harvard University. She currently coordinates a voluntary development programme to uplift the lives of women and children in the rural areas through projects that are sustainable and make a real difference in their lives. — STAFF WRITER. NewsHawks Issue 170, 15 Marxh 2024


International Investigative Stories Page 33 “IS this a prank?” Lilit Haroyan, a city council member in the small Armenian town of Charentsavan, was incredulous when a reporter told her she was listed as having made a substantial donation to her political party in 2022. The amount she supposedly gave to Armenia’s ruling Civil Contract party, 1 million drams (around $2,500), was particularly striking since she declared having earned no income that year. “I’m hearing about this for the first time,” she said of the donation. She is not alone; an investigation by OCCRP’s Armenian partner Civilnet found that multiple listed donors were party members who said they had never donated at all. Civil Contract swept into power in 2018 with a mandate to root out corruption, following a mass protest movement that toppled Armenia’s former regime. But this and other curious patterns found by reporters in the party’s 2022 financial statement raises questions about its sources of funding. Of the 140 donors the party reported in 2022, all but six were Civil Contract’s own candidates in recent council elections. Half of the 31 donors reached for comment denied making such a donation. Others refused to answer or said they did not remember. Some of the reported donations are striking for other reasons too. In 10 separate towns across Armenia, 10 or more local council candidates sent exactly the same amount of money on the same day. In 26 cases, the donations amounted to at least half of the yearly income and total savings of the donors, based on their asset declarations. Four donations exceeded the legal limit on individual contributions of 2.5 million drams ($6,200) per person. These unusual donation patterns emerged just one year after the government passed anti-corruption reforms barring businesses from donating to political parties, outlawing cash donations, and capping the maximum amount that private individuals could contribute. The bill was framed as a key plank in efforts to root out the influence of the oligarchic elite that had ruled Armenia prior to the protest movement that ushered Civil Contract into office. But experts say the data could suggest an effort to evade the restrictions of the new law. Just two years prior, in 2020, Civil Contract’s reported donations looked very different, with most of the funds arriving in large amounts from companies and individual businessmen. “Basically, in order to raise the necessary funds, political parties might attempt to by-pass the rules and utilize unlawful mechanisms,” said Sona Ayvazyan, from Transparency International Anticorruption Center in Armenia, after reviewing the data. “The findings are very significant and need further elaboration, explanation and action from competent public authorities.” Vardine Grigoryan, a democracy coordinator at the Vanadzor office of Armenia’s branch of the NGO Helsinki Citizens Assembly, agreed the patterns could be evidence of an unlawful effort to hide the origins of the funds taken in by the party. The money could have been “collected in cash from unreported sources and then deposited on behalf of candidates,” she said. International InvestigativeStories Coordinated cash: Donation data from Armenia’s ruling party raises questions about source of funds Nikol Pashinyan, now the prime minister of Armenia, center, joins a march through Yerevan's streets with the Civil Contract party during the 2021 parliamentary election campaign. Credit: Celestino Arce/NurPhoto/Alamy Stock Photo NewsHawks 1ssue 170, 15 Marxh 2024


Page 34 Or, she continued, individual donations that exceeded the legal limit could have been “broken into legally allowed amounts under the names of candidates or other individuals who may be absolutely unaware of the transaction.” “Both phenomena are not new and could be identified before if we looked at campaign funds from previous years as well,” she said. The Civil Contract party did not answer detailed questions about the data sent by reporters. Civilnet’s investigation focused on data from 2022, but an investigation published in January by the Armenian news outlet Infocom also found suspicious patterns in the party’s 2023 donor report, including similar donations from 88 local council candidates, as well as large sums of money donated by people connected to big businesses. At a question-and-answer session in parliament last month, Prime Minister Nikol Pashinyan touted the investigation as proof of the party’s transparency. “If we did not ensure transparency, how do you know so much?” the prime minister asked members of parliament. “If you know about it, it means transparency is fully ensured.” Earlier this week, the local branch of Radio Free Europe/ Radio Liberty reported that the Prosecutor General’s Office had investigated the 2023 donations but found no evidence of a crime. Ten at a Time In 2022, Civil Contract reported receiving about 170 million Armenian drams — the equivalent of around $420,000 — in donations, accounting for over a third of the party’s funding for the year. (The rest came from state funding and membership fees. When analyzing the donor list, reporters discovered a number of unusual patterns in addition to the overwhelming share of local party candidates. In 10 cases, the first 10 candidates on local election lists had made donations of the same amount on the same day. (Under Armenia’s electoral system, political parties compile lists of candidates for each election, and the number of candidates who enter office is determined by the share of the vote the party receives). In the small, 1,600-person community of Tsaghkahovit, for instance, Civil Contract reported receiving donations from the first 10 candidates on the local list, each for 1 million drams ($2,500), two days before the town’s September 2022 election of its local council of elders. In Charentsavan, a larger municipality of just over 20,000 people in central Armenia, the first 10 candidates on Civil Contract’s list also donated 1 million drams ($2,500) each, this time one day before the vote. Of the six donors from 2022 who were not municipal election candidates, one is a member of parliament from Civil Contract, and two were municipal employees at the time the donations were made, including Sisak Shahbazyan, a driver for the head of the Avan district administration in Yerevan. According to the report, Shahbazyan made four donations totalling 1.7 million drams ($4,200) between August and November 2022. When contacted by Civilnet, Shahbazyan said that the money was not his. He claimed that he had been asked by party members to transfer it to pay office rent in the district. The journalist asked why they had asked a driver to make the payment, but he could not provide an explanation. “Close friends gave it [the money], I just paid,” Shahbazyan said. “We gave a donation to the party so that the party would pay the rent.” Donations Exceeding Income Reporters also checked the donations against the declared wealth of 69 donors who had submitted asset declarations , and found that 26 of them would have donated over half of their total wealth, which includes yearly income and savings combined. A fifth supposedly gave donations that exceeded their total declared wealth. Meline Sukiasyan, a council member from Tashir, near the border with Georgia, was listed as having made two donations in October and November 2022 totalling 3 million Armenian drams (around $7,500), more than her income and savings combined, according to her declaration. “I didn’t have that kind of money and I couldn’t have transferred it,” Sukiasyan told reporters when reached for comment. “I lost my trust in them [Civil Contract]. If you have in hand such documents, pass them on to me. I will not allow my name to be manipulated.” Only eight of the 31 listed donors reached by reporters confirmed they had made the donations reported by the ruling party. One of them, a candidate for the council in the small town of Vedi, was listed as contributing 1.5 million drams ($3,700) — over seven times her declared income and savings combined. “The donation was not made alone — I made it with my friends,” Anna Movsisyan said when reached for comment. “The money was collected together and it was submitted in my name. I don’t think that’s a crime.” However, when asked how she transferred the money to the party, she claimed to have made the donation in cash, which is not permitted under Armenian law. In response to an inquiry from Civilnet, the acting chairman of Armenia’s Corruption Prevention Commission, Mariam Galstyan, said the committee had not checked the party’s financial report because the audit is still ongoing and would not be completed until February 2024. Sona Ayvazyan, from Transparency International, urged authorities to investigate and further increase transparency around party financing. “The findings imply there is need for institutional reforms and rigorous approach from public authorities towards the compliance to the political party finance rules,” she said. — Organized Crime and Corruption Reporting Project. The lead candidate of the Civil Contract party, Nikol Pashinyan, greets his supporters during a rally in Yerevan, celebrating their victory in the parliamentary elections in Armenia. Credit: Celestino Arce/NurPhoto/Alamy stock photo International Investigative Stories NewsHawks Issue 170, 15 Marxh 2024


Page 35 The NewsHawks is published on different content platforms by the NewsHawks Digital Media which is owned by Centre for Public Interest Journalism No. 100 Nelson Mandela Avenue Beverly Court, 6th floor Harare, Zimbabwe Trustees/Directors: Beatrice Mtetwa, Raphael Khumalo, Professor Wallace Chuma, Teldah Mawarire, Doug Coltart EDITORIAL STAFF: Managing Editor: Dumisani Muleya Assistant Editor: Brezh Malaba News Editor: Owen Gagare Digital Editor: Bernard Mpofu Reporters: Brenna Matendere, Ruvimbo Muchenje, Enock Muchinjo, Jonathan Mbiriyamveka, Nathan Guma Email: [email protected] SUB EDITORS: Mollen Chamisa, Gumisai Nyoni Business Development Officer: Nyasha Kahondo Cell: +263 71 937 1739 [email protected] Subscriptions & Distribution: +263 71 937 1739 Reaffirming the fundamental importance of freedom of expression and me- dia freedom as the cornerstone of democracy and as a means of upholding human rights and liberties in the constitution; our mission is to hold power in its various forms and manifestations to account by exposing abuse of power and office, betrayals of public trust and corruption to ensure good governance and accountability in the public interest. CARTOON Voluntary Media Council of Zimbabwe The NewsHawks newspaper subscribes to the Code of Conduct that promotes truthful, accurate, fair and balanced news reporting. If we do not meet these standards, register your complaint with the Voluntary Media Council of Zimbabwe at No.: 34, Colenbrander Rd, Milton Park, Harare. Telephone: 024-2778096 or 024-2778006, 24Hr Complaints Line: 0772 125 659 Email: [email protected] or [email protected] WhatsApp: 0772 125 658, Twitter: @vmcz Website: www.vmcz.co.zw, Facebook: vmcz Zimbabwe Hamba kahle Bra Chem! Dumisani Muleya Hawk Eye Editorial & Opinion THE whole of last year, President Emmerson Mnangagwa and his cabinet ministers were endlessly boasting that Zimbabwe had successfully attained food security. But barely three months into 2024, hunger and poverty are painfully exposing the absurdity of threadbare propaganda. Just this past week, we reported that Zimbabwe ranks 146 out of a total of 191 countries on the Human Development Index, while 61% of children are wallowing in grinding multidimensional poverty. According to Unicef's 2023 annual report, the worst affected communities are in rural areas, high-density suburbs and peri-urban informal settlements. Poverty has reached catastrophic levels. Wherever you look, it hits you in the face at every turn. Visit any hospital today and hear the anguished cries of patients who cannot afford basic medicines. Go to any college these days and see how poverty has soiled the dignity of students, forcing them into a life of fornication and crime. Enter any supermarket and quietly observe how the sullen-faced shoppers are forced to abandon basic foodstuffs at paypoints after failing to fork out the required money. Do we still have leaders in this country? Do they know the price of mealie-meal? The human development indicators show that the problems are legion: economic instability, political unrest, corruption, and lack of investment in health and education. These factors have created a perfect storm that hinders Zimbabweans from experiencing a dignified life. There are no social safety nets, universal medical aid and jobs. At any given moment, the average citizen is just one accident or one illness away from utter disaster. Falling seriously ill — to anyone without medical insurance or savings — can be tantamount to a death sentence. A road traffic accident can plunge you into financial ruin or even death. This is not a normal society. While the government claims to be implementing some poverty alleviation programmes, there are widespread concerns about their effectiveness and reach. Many analysts correctly argue that these initiatives lack transparency, suffer from corruption, and fail to adequately address the root causes of poverty in the country. How many heart-rending videos have gone viral after laying bare the horrific hardships faced by neglected children, orphans or the elderly? Pensions have been repeatedly decimated by chronic high inflation, policy inconsistency and corruption-induced poverty. Ultimately, the government must take greater responsibility for addressing the systemic issues that are perpetuating poverty. Sustainable solutions are needed to promote inclusive growth and development for all Zimbabweans. Propaganda can play a significant role in statecraft, as it is often used by governments to shape public opinion, influence decision-making, and maintain control over the population. However, the Zimbabwean government’s heavy reliance on propaganda is indeed problematic, especially when it is used to distort reality or distract from pressing issues such as untold hunger and poverty. While propaganda may be effective in influencing perceptions and maintaining political power, it can also undermine trust in state institutions and erode the credibility of official information. When the authorities use propaganda to mask or downplay socio-economic problems such as hunger and poverty, they create a disconnect between the official narrative and the lived experiences of the wretched masses. The credibility gap is often astounding. Ultimately, the best way to assess people's livelihoods and well-being is through transparent and objective measures that reflect the reality on the ground. Hunger and poverty are endemic. Mnangagwa cannot continue claiming that Zimbabwe has attained food security. Quality of life indicators, such as access to healthcare, education, housing, and basic necessities like food and water, provide a more accurate reflection of the standard of living than propaganda-driven narratives. El Niño's raging fury is a stark reminder of this brutal reality. The limits of propaganda NewsHawks 1ssue 170, 15 Marxh 2024


Page 36 Animal Kingdom with TN NewsHawks Issue 170, 15 Marxh 2024


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 SOUTH Africa’s power utility Eskom accounted for more than 50% of Zimbabwe’s total imported electricity as the country and the region battles a power crisis due to limited investment and climate crisis factors, figures obtained from the national statistics agency have shown. Zimbabwe mainly relies on coal-fired Hwange thermal power station and Kariba hydro-power for its energy requirements. But growing energy demand driven by a recovery in agriculture, particularly tobacco and wheat farming as well as mining, have outstripped supply. According to the latest Zimbabwe National Statistics Agency (ZimStat) quarterly electricity generation report, a total of 2,222.5 gigawatt hours (GWh) of electricity were generated during fourth quarter of 2023. Hwange Thermal Power and Kariba Power Station accounted for 65.1% and 30.7%, respectively. The Index of Electricity Generation for the 4th quarter 2023 was 88.1, reflecting a yearon-year percentage increase of 23.7 when compared to 71.2 recorded in 4th quarter 2022. The quarter-on-quarter comparison shows the index decreased by 12.9% from 101.2 in the third quarter of 2023 to 88.1 in the fourth quarter of 2023. “56 percent of the 379.1GWh electricity imported during 4th quarter 2023 was from Eskom (South Africa), while 33 percent was from HCB (Mozambique),” Zimstat says “A total of 379.1GWh of electricity were imported during 4th quarter 2023, reflecting a 10.2 percent quarter-on-quarter decrease from 422.1 GWh imported in 3rd quarter 2023. In total, there was an 11.4 percent decline in the volume of electricity imported during 2023 (2,040.5GWh) than in 2022 (2,303.6GWh).” On the contrary, the volume of electricity exported in 4th quarter 2023 was 113.7GWh, representing a 4% increase from 109.3GWh exported in the third quarter of 2023. In total, the volume of electricity exported in 2023 (339.6GWh) was 14% less than exported in 2022 (395.1GWh), ZimStat says The report also shows that the total volume of electricity distributed during the fourth quarter of 2023 was 2192.2GWh, resulting in a 5.4% decrease from 2316.5GWh distributed in the third quarter of 2023. The manufacturing sector, which is currently operating below optimal level, the report shows, accounted for nearly 30% of the distributed electricity, followed by domestic consumers who accounted for nearly a quarter. The mining sector, which accounts for more than 50% of the country’s export receipts, used 18.6% of the distributed electricity. Agriculture, which has been on a recovery path, accounted for just 5.6% of the distributed electricity. Acoording to the World Bank, Zimbabwe’s energy sector has begun lagging behind other lower middle income countries in sub-Saharan Africa as the nation requires US$4.4 billon to upgrade its power infrastructure. Experts say despite some recent developments, Zimbabwe’s electricity sector still faces power supply deficits and the slowing of progress toward universal electricity access. The country still suffers from significant power deficits. The World Bank says achieving universal electricity access by 2030 will require large investments, against the backdrop of growing peak electricity demand. “While the Government commissioned an additional 600MW at the Hwange power station in 2023, installed capacity is currently still insufficient to meet demand, and rolling blackouts give rise to a significant burden on Zimbabwe’s economic growth and competitiveness,” reads a World Bank report on the country’s energy sector. Escom supplies half of Zim electricity imports


Page 38 Companies & Markets BERNARD MPOFU FOR those old enough to remember, yesteryear brands have all but gone. Woolworths, Truworths, Topman, Greatermans, Edgars and Sales House were among the long list of household brands for the well-to-do. The ambience in those outlets was distinct. Air-con cooled, friendly customer care teams and a feeling of “I have made it” enticed many customers into purchasing the wide array of merchandise on display. Decades later, everything has changed, such that the much younger fashion-conscious generation would think these brands belong in ancient times. They know more about the street merchandisers known for their hailers who stand on sidewalks, bellowing along Harare’s First Street and the rest of the central business districts, seeking the attention of potential customers. Most of these sell counterfeit brands of renowned global fashion labels, at incredibly cheap prices. In the street, generators will also be humming due to power disconnection, as music blares out loudly from speakers. Enter the boutiques, or “runners”, who are using the most of the real estate previously occupied by departmental stores and other big brands. If not in the CBD, boot sales and online shopping have in recent times become major sources of competition for established retailers. Runners have become the new name for small retailers taking on established brands head-on. They import cheap clothing from the southern African region and abroad. Tanzania, South and Zambia have become the source of cheaper clothing, as the local textile industry bleeds. For those with extra cash to spend, a flight to Turkey or the United Arab Emirates is all that is needed for a wardrobe make-over. The state of affairs at yesteryear apparel retailers like Truworths Limited has put into sharp focus the pitfalls of Zimbabwe’s macroeconomic environment as the economy drifts into informalisation. While the transformation of the clothing industry has led to the proliferation of smallsized retailers, employing thousands and obviously making the CBD more crowded, the big boys have paid the price for this. Edgars is on the ropes, and the list goes on. According to the Finscope Survey, Zimbabwe could be losing millions of United States dollars in tax revenue after it emerged that 70% of micro, small and medium enterprises (MSMEs) do not keep accounting record. The Zimbabwe Stock Exchange Limited announced the voluntary suspension from trading in shares of Truworths Limited with effect from 7 March 2024. “The suspension is for a period of three (3) months to provide Truworths with the opportunity to address the going concern aspects of the business and ensure compliance with ZSE Listing requirements regarding the publication of Audited Financial Statements for the period ending 9th July 2023,” the ZSE says. “This temporary suspension aims to give Truworths the necessary time to rectify any concerns and meet the regulatory obligations stipulated by the ZSE. At Truworths’s request, the ZSE sought and was granted permission to suspend trading in its shares by the Securities and Exchange Commission of Zimbabwe pursuant to the provisions of Section 64 (1) (a) (ii) of the Securities and Exchange Act [Chapter 24:25].” Before the suspension, Truworths had indicated that it would scale down its branch network. In its recently published unaudited financials, the group played out the impact of Zimbabwe’s growing informal sector on its doorstep. “Units sold were negatively affected by informalisation of the economy which has resulted in cheap and fake imports selling below local and international manufacturing costs. The business could not viably compete against these imports,” Truworths said in its financials. The World Bank recently noted that Zimbabwe’s unstable macro-economic environment is fuelling informalisation while limiting the formal sector’s access to capital. “Price and exchange rate volatility, and large export surrender requirements have pushed many companies into the informal sector, limiting their ability to obtain financing from the banking system and further reducing the tax base,” the World Bank noted in its private sector report on Zimbabwe. “Also, many foreign exchange transactions take place in the informal sector, further intensifying pressure on the parallel market exchange rate. Inflation has been consistently high (three digits in recent years) and reached more than 314 percent in 2023, with the local currency weakening at a fast pace.” Experts say the collapse of big brands is symptomatic of the state of the economy. Zimbabwe’s economy recorded accelerated de-industrialisation in the past 30 years, blighting any prospects of making the country competitive in the region, as massive closure of major manufacturing companies relegated the country to an industrial wasteland. While capacity utilisation of the few remaining manufacturing companies appears to be on a growth trajectory, studies show that several companies have closed shop in the country since 1992. After self-rule in 1980, Greatermans offered upmarket shopping for both black and white clientele, with the store’s credit terms across affiliate companies Barbours and Meikles enabling many in Harare to enjoy the trappings of an affluent lifestyle from 35 departmental offerings including furniture, clothing, cosmetics and electronics. Fast forward, several cities around the world have lost prestigious stores to competition from online shopping, but the closure of Greatermans was seen as a marker of Zimbabwe’s economic implosion as inconsistent government policies impoverished millions across the nation. BERNARD MPOFU AS commodity-driven economies grapple with weakening mineral prices on the global market, the World Bank has warned that Zimbabwe’s over-reliance on three export commodities could hurt export performance. The southern African nation is a net importer and relies on mining and a few agricultural commodities for export receipts. Official figures show that gold is the single largest export earner while tobacco tops agricultural exports. “Zimbabwe’s concentration in three export commodities — gold, platinum, and tobacco — known for their price instability has increased the unpredictability of export earnings and fiscal revenues and complicated macroeconomic management,” says the World Bank in its new report on Zimbabwe’s private sector. “In addition, recent increases in the global prices of food, energy, and fertilizers due to Russia’s invasion of Ukraine have significantly reduced the purchasing power of households and elevated the costs of production. The economy remains highly concentrated on a few products, with a small number of export products — mostly minerals and tobacco — generating the bulk of foreign exchange revenues.” The agricultural sector, the World Bank noted, continues to retain a sizeable share of production and employment in the economy and the bulk of lending, with significant government support and intervention. “However, the level of productivity in the sector is the lowest across the economy, especially for food crops, with only tobacco and cotton demonstrating relatively high productivity. At the same time, higher value-added sectors, such as manufacturing and high-productivity services employ a smaller share of workers and have a lower share of lending,” the report says. “Continuous macroeconomic challenges, and, as a result, a lack of a predictable, transparent, and non-discriminatory business climate; high levels of uncertainty; and lack of long-term finance have resulted in limited investment in the country. Zimbabwe is lagging its aspirational peers, such as the Arab Republic of Egypt, Indonesia, and Türkiye on FDI.” Official figures also show that after picking up in 2018 to US$718 million — largely reflecting one-off investments in the mining sector — foreign direct investment inflows Zimbabwe dropped to US$341 million in 2022. “Meanwhile, price and exchange rate volatility, and large export surrender requirements have pushed many companies into the informal sector, limiting their ability to obtain financing from the banking system and further reducing the tax base,” the World Bank says. “Also, many foreign exchange transactions take place in the informal sector, further intensifying pressure on the parallel market exchange rate. Inflation has been consistently high (three digits in recent years) and reached more than 314 percent in 2023, with the local currency weakening at a fast pace.” Commodities vulnerable to global stocks Fashion sense mirrors economic state as big clothing brands fold NewsHawks Issue 170, 15 Marxh 2024


Companies & Markets Page 39 NATHAN GUMA LIQUID C2, a subsidiary of pan-African technology group Cassava Technologies, has clinched a collaboration with global technology leader Google Cloud and artificial intelligence (AI) company Anthropic to deliver advanced cloud cyber security solutions and generative AI (gen AI) capabilities to African businesses. Cassava, headed by United Kingdom-based Zimbabwean billionaire Strive Masiyiwa, has been providing a vertically integrated ecosystem of digital services and infrastructure enabling digital transformation across Africa. The company, headquartered in London, has a presence in 31 countries worldwide spanning across Africa, the Middle East, Latin America and the United States of America.  In a latest statement by the company, Liquid C2 will deliver Google Workspace to customers across the continent, as a strategic partner of Google Cloud's innovative solutions in Africa. “Designed to facilitate team connections in a cloud-native environment, Google Workspace also features embedded generative AI tools to help employees create content and achieve greater productivity and collaboration in the workplace,” reads the statement. By fortifying cyber security measures and infusing gen AI capabilities, Liquid C2 envisions a future where security, collaboration, and innovation go hand-in-hand, creating a safer, more productive digital experience for all. As Africa continues to emerge as a hub for technological advancements, collaboration between leading companies like Liquid C2, Google Cloud, and Anthropic play a crucial role in driving progress, fostering innovation, and attracting global investment.” Liquid C2 is also working directly with Anthropic, one of the largest and fastest-growing AI companies globally, to develop AI solutions for large enterprises that want to use it to improve productivity and revenue growth. Anthropic has a strategic partnership with Google Cloud, and Claude — Anthropic’s family of foundational AI models that excel at thoughtful dialogue, content creation, complex reasoning, creativity, and coding — is available in Google Cloud’s Vertex AI. “Liquid C2’s partnership with Anthropic signifies a shared commitment to empowering businesses in Africa with state-of-the-art AI solutions. By integrating AI models and services across various industries, Liquid C2 and Anthropic aim to accelerate growth for clients, further positioning Africa as a global player in the digital landscape. The collaboration presents opportunities to apply gen AI to African businesses irrespective of the industry or organisation size,” the company said. “Currently, more than 80% of the largest businesses and organisations operating in more than 31 African countries use a broad spectrum of advanced digital technologies from Liquid supplied by global vendors. Many are keenly interested in moving AI readiness. Liquid C2 will remain a multi-vendor provider, offering its customers best-in-class solutions.” Liquid C2’s new collaboration builds on last year’s memorandum of understanding with Google Cloud in Africa, and will see an improvement in cyber security and cloud offerings to companies across the continent, while introducing them to Google Cloud’s latest AI, data, collaboration, and security solutions. Commenting on the collaboration, Masiyiwa, co-founder and executive chairperson of Cassava Technologies, said the collaborations with Google Cloud and Anthropic signify a significant step in the company’s journey as Africa’s leading cloud and cyber security provider. “We recognise the importance of responsible AI in enabling access to economic opportunities and empowering individuals and businesses across the continent. Our partnerships with these two leading technology firms will help us deliver AI-powered solutions that address the unique challenges and opportunities in Africa’s digital transformation journey. Together, we are setting new benchmarks for these solutions that cater to the complex needs of a diverse clientele.” Google Cloud chief executive officer Thomas Kurian said the collaboration will help provide African businesses with a foundation for innovation. “Businesses are increasingly turning to generative AI to drive operational efficiencies, improve the customer experience, and empower their employees like never before,” Kurian said. “Building on Google’s commitment to investing US$1 billion to boost Africa’s digital transformation, our collaborations with market leaders like Liquid C2 and Anthropic will help bring gen AI, security, and other cloud technologies to businesses across the continent. This partnership has the opportunity to transform how African businesses serve and engage their customers as we provide them a foundation for innovation.” Anthropic president Daniela Amodei said the partnership will help African businesses with infrastructure crucial for their growth. "We are excited to partner with Liquid C2 and Google Cloud, bringing frontier AI to businesses across Africa. Combining Anthropic's safe, steerable AI with Google Cloud's secure, scalable infrastructure means this partnership has huge potential to enable African companies to grow." Liquid clinches Africa’s Cloud, AI deal Co-founder and executive chairman of Cassava Strive Masiyiwa (left) with CEO of Google Cloud Thomas Kurian Co-founder and executive chairman of Cassava Strive Masiyiwa (right) with president of Anthropic Daniela Amodei NewsHawks 1ssue 170, 15 Marxh 2024


Page 40 Companies & Markets STANBIC Bank Zimbabwe this week held a ground breaking ceremony for the construction of a state-of-the-art three-level head office in the leafy suburb of Borrowdale. Construction of the head office, which is set to create over 400 direct and downstream jobs, kicked off in February and is scheduled to be completed by December next year. The Standard Bank Group subsidiary’s board chairperson, Gregory Sebborn said the construction of the head office embraced the institution’s bold strategy for sustainability and employee wellness. Sebborn said the head office Building is one of a few in southern Africa that combines green star certification having engaged both Green Star South Africa and Green Star Zimbabwe and the International WELL Building Institute’s certification. Stanbic will get the first green certificate in Zimbabwe. “The design of the new Head Office reflects our commitment to innovative water management, sustainable construction materials, energy consumption reduction and responsible water management. “By embracing these practices, we demonstrate our dedication to leaving a positive impact on the environment and the communities we serve. It demonstrates a commitment to ethical practices and a proactive approach to addressing global environmental challenges,” said Sebborn. Stanbic Bank chief executive (CE) Solomon Nyanhongo said the construction of the head office was a clear indication that the bank was in Zimbabwe permanently. He said Stanbic considered Zimbabwe and indeed Africa as its home and the institution had a commitment to drive her growth. Significantly the construction project is committing to support the Zimbabwe economy with the procurement process aiming to drive as much local spending and local job creation as possible. “All contractors involved in the construction of our new head office are from Zimbabwe – a testament to our dedication to supporting local talent and expertise. In addition to this, we have committed to procuring 50% of the construction materials locally. The decision is not just a logistical choice but a manifestation of our belief that Zimbabwe is our home and we actively contribute to driving its growth,” said Nyanhongo. He said the vision for the head office is not just about constructing a building but about shaping a future where innovation, sustainability and employee wellbeing as well as customer care converged. Nyanhongo said the objective of the head office included consolidation of all administrative functions under one roof, employee wellness, environmental responsibility and clients. He said by investing in local contractors and materials Stanbic aims to bolster the economy, create employment opportunities and foster a sense of shared prosperity within the community in which the institution operates. The head office development pointed to a future where innovation, collaboration and responsibility converge to propel the bank and its community forward. The head office will have a sub-basement, ground floor and two floors and will have an open plan designed to promote seamless communication and teamwork, reflecting the bank’s commitment to a cohesive and dynamic work environment. To cater for employee wellness, the head office will incorporate a gym, dining facilities, meeting rooms and an auditorium to provide the Stanbic team with the tools they need not only to excel professionally but also to thrive personally. “Equally significant is our dedication to environmental responsibility. The building will be a testament to the bank’s responsibility towards the environment and the communities it serves. Nyanhongo said the head office will incorporate a private baking suite in line with Stanbic’s strategic commitment to providing personalised and exclusive services to our valued clients. “This exclusive space will provide and comfortable environment for private consultations, financial services planning discussions and other bespoke services that carter to the unique needs of our private banking clients,” said Nyanhongo. Land for the head office was purchased in 2016 and the groundwork for the project began in earnest in 2017-2019 before being put on hold due to Covid-19. It resumed in 2021 and the design process and final award of the contractor was done last month. — STAFF WRITER. Stanbic new head office takes shape Stanbic Bank board chairperson Gregory Sebborn (centre) flanked by the institution's chief executive (CE) Solomon Nyanhongo (left) and chief financial officer (CFO) Tafadzwa Mahachi at the ground breaking ceremony. NewsHawks Issue 170, 15 Marxh 2024


Companies & Markets Page 41 This is an extract from the World Bank 2022 economic report on Zimbabwe titled Boosting Productivity and Quality Jobs. Is Zimbabwe making economic progress or has just stabilised in crisis? DESPITE various economic setbacks, Zimbabwe regained lower middle-income country (LMIC) status in 2018 and aspires to become an upper middle-income country (UMIC) by 2030. Zimbabwe’s economic structure is closer to UMICs’ averages in terms of sectoral shares of the gross domestic product (GDP), but the employment structure resembles more that of low-income countries (LICs), with employment in agriculture accounting for two-thirds of total employment. Considerable macro-economic instability and distortions led to high inflation and multiple exchange rates in Zimbabwe. These consequences, coupled with a high-cost regulatory environment, external shocks and productive resource misallocation, have reduced economic growth to below its potential, lowered incomes, and increased poverty. Nonetheless, a period of sustained growth and rebasing of GDP enabled the economy to regain LMIC status in 2018. Building on its highly educated workforce, abundant natural resources, and recent advances in economic policy, Zimbabwe has the potential to achieve steady and rapid growth, and converge toward UMIC status. The government of Zimbabwe’s Vision 2030 aims to achieve UMIC status by 2030. In this regard, the authorities have made progress in stabilising the economy and reforming the business environment. But significant structural, institutional, and economic challenges still remain. The focus of this Country Economic Memorandum (CEM) is to identify options for structural reforms to help Zimbabwe accelerate economic growth and to achieve UMIC status. This is the first CEM for Zimbabwe since 1985 and it comes at a critical juncture along Zimbabwe’s development path. The objective of the report is to support and inform policymakers and stakeholders on policies to accelerate economic growth, boost productivity, and create high-quality jobs. In this regard, the CEM first establishes macro-economic stability as a necessary condition for high and sustained growth. It then uses productivity as an overall framing to identify key structural bottlenecks, before providing deep-dives on informality and trade as priority areas to address in order to unleash productivity growth. Importantly, the report also aims to present data about Zimbabwe’s economic performance in a systematic fashion, focusing on the previous two decades and comparing Zimbabwe with its peers in the region, as well as aspirational peers globally. Zimbabwe’s economic performance over the past two decades has been characterised by low economic growth on average but also very high volatility. Real GDP growth averaged only 0.1% per year between 2000 and 2021, averaging -3.9 and 2.3% in the first and second halves of this period, respectively. Considerable economic turmoil due to policy missteps, external shocks, and structural challenges culminated in two major recessions in 2000–08 and 2019–20, including hyperinflation in 2008 and near- hyperinflation in 2020. The effects on the country were profound: formal sector employment shrank, labour migration increased, investment levels collapsed, and poverty reached unprecedented levels. Zimbabwe fell behind its peers in terms of GDP per capita and living The Banker Zimbabwe economy: Macro-economic policies, shocks, and structural transformation World Bank Head Office in Washington DC. NewsHawks 1ssue 170, 15 Marxh 2024


Page 42 standards. Nonetheless, Zimbabwe has strong foundations for accelerating future economic growth and improving living standards. The economy has excellent human capital: a youthful, well-educated labour force with a strong entrepreneurial culture. In fact, the level of skills among Zimbabwe’s current workforce is on a par with UMICs in Sub- Saharan Africa (SSA), although skill shortages are emerging in some sectors. Moreover, Zimbabwe possesses abundant mineral and natural resources that, if well-managed, can support the country’s broader development goals over the long term. Harnessing these strengths will require Zimbabwe to focus on policies that address the key constraints to economic growth. Zimbabwe’s economic performance over the past two decades sheds light on what has worked well. Fiscal discipline, non-inflationary monetary policy, and effective exchange rate management remain necessary for economic stability. Similarly, recent reforms to improve public finances should support improved economic management going forward. Fiscal deficits have shrunk to under 2% per year by reducing the public wage bill, preventing excessive government support to the agriculture sector, and strengthening revenue collection. Public financial management (PFM) reforms have also been undertaken, including programme-based budgeting (PBB), PFM systems, budget and debt transparency. Finally, the government of Zimbabwe (GoZ) has also taken steps toward devolution, and improved the business environment (e.g., by repealing the Indigenisation and Empowerment Act), signing the global land compensation deal, simplifying business start-up and property registration, strengthening access to credit, and making resolving insolvency easier. At the same time, those policies that have been detrimental to economic growth need to be discontinued. Economic development has been hampered by macroeconomic instability (particularly price instability), low investment, and limited structural transformation. Expansionary fiscal and monetary policies, coupled with multiple exchange rates, have resulted in considerable price volatility. The management of public finances was complicated by a high public wage bill, many unprofitable state-owned enterprises (SOEs), and guarantees to the agriculture sector. Similarly, monetary policy included frequent monetary financing of the budget and quasi-fiscal activities (QFAs). Meanwhile, a significant public debt burden financed by domestic issuance, coupled with a highcost regulatory environment, has limited private investment and economic activity. Finally, the economy’s dependence on key products and sub-sectors, and strong government support for lower value-added agriculture over higher value-added services and manufacturing, has reduced the potential for higher rates of economic growth. External/climatic shocks have contributed to low growth, hence investing in resilience/adaptation measures is critical to mitigate associated risks. Recent price volatility risks derailing the post-Covid-19 recovery. While inflation decreased from a high of 557.2% in 2020 to 98.5% in 2021, it has accelerated sharply since the beginning of 2022, reaching almost 285% year-on-year in August 2022. The acceleration of prices reflects monetary expansion, limited fiscal and monetary coordination, and a surge in global prices due to the war in Ukraine. To tame inflation, the central bank tightened monetary policy, raised the interest rates, further liberalised the forex market, and issued gold coins as a store of value. These measures have narrowed the parallel market premium from over 100% in April 2022 to below 35% in September 2022. It is important that exchange rate distortions are discontinued. In addition, fiscal policy will need to remain cautious, with no pre-election spending increases to contain prices from spiralling. Accomplishing Zimbabwe’s vision of upper middle-income country (UMIC) status by 2030 will necessitate a sharp acceleration in growth rates. Simulations show that achieving UMIC status by 2030 will require elevating real growth rates to around 15% over the period 2023–30, underpinned by substantive growth of productivity, government of Zimbabwe has also taken steps toward devolution, and improved the business environment (e.g., by repealing the Indigenisation and Empowerment Act), signing the global land compensation deal, simplifying business start-up and property registration, strengthening access to credit, and making resolving insolvency easier. At the same time, those policies that have been detrimental to economic growth need to be discontinued. Economic development has been hampered by macroeconomic instability (particularly price instability), low investment, and limited structural transformation. Expansionary fiscal and monetary policies, coupled with multiple exchange rates, have resulted in considerable price volatility. The management of public finances was complicated by a high public wage bill, many unprofitable state-owned enterprises (SOEs), and guarantees to the agriculture sector. Similarly, monetary policy included frequent monetary financing of the budget and quasi-fiscal activities (QFAs). Meanwhile, a significant public debt burden financed by domestic issuance, coupled with a high-cost regulatory environment, has limited private investment and economic activity. Finally, the economy’s dependence on key products and sub-sectors, and strong government support for lower value-added agriculture over higher value-added services and manufacturing, has reduced the potential for higher rates of economic growth. External/climatic shocks have contributed to low growth, hence investing in resilience/ adaptation measures is critical to mitigate associated risks. Recent price volatility risks derailing the post-Covid-19 recovery. While inflation decreased from a high of 557.2% in 2020 to 98.5% in 2021, it has accelerated sharply since the beginning of 2022, reaching almost 285% year-on-year in August 2022. The acceleration of prices reflects monetary expansion, limited fiscal and monetary coordination, and a surge in global prices due to the war in Ukraine. To tame inflation, the central bank tightened monetary policy, raised the interest rates, further liberalised the forex market, and issued gold coins as a store of value. These measures have narrowed the parallel market premium from over 100% in April 2022 to below 35% in September 2022. It is important that exchange rate distortions are discontinued. In addition, fiscal policy will need to remain cautious, with no pre-election spending increases to contain prices from spiralling. Accomplishing Zimbabwe’s vision of upper middle-income country (UMIC) status by 2030 will necessitate a sharp acceleration in growth rates. Simulations show that achieving UMIC status by 2030 will require elevating real growth rates to around 15% over the period 2023–30, underpinned by substantive growth of productivity, investment, and exports. Accelerated growth could create around 1–1.5 million additional jobs and reduce poverty substantially. In the baseline scenario, however, economic growth will linger at around 3% per year, while living standards and employment will only marginally improve and achieving UMIC status will be delayed significantly. Cross-country experience shows that macro-economic stability is a necessary condition for sustained growth and needs to be supported by strong institutions and structural transformation. Substantial policy reforms were introduced by the 25 countries that have successfully transitioned from LMIC to UMIC status over the past three decades. These included reforms to improve and maintain macro-economic stability, strengthen institutions, and facilitate structural transformation. Achieving UMIC status required a sustained policy commitment by successive governments over many years to achieve their goal. On average, it took these countries 15 years to achieve UMIC status, with median GDP growth maintained at 5.4% per year. Achieving macro-economic stability in the medium term was a key characteristic of transition countries’ economic reform programmes, with most countries limiting inflation to below 10% per year, with none of the countries having multiple exchange rates. Institutional reforms in countries transitioning from LMIC to UMIC status focused mainly on strengthening voice and accountability, the rule of law, regulatory quality (including of trade policies), and government effectiveness. Supported by a stable macro-economic environment and better institutions, investment levels in these countries averaged 27% during the transition period. Finally, the transition countries managed to reallocate employment from agriculture to industry and services, and from the informal to the formal sector, and boosted external trade by integrating into global value chains (GVCs). An immediate priority for Zimbabwe is to achieve and sustain macro-economic stability over the medium term that will underpin efforts to address key binding structural constraints to high growth. Achieving and maintaining price and exchange rate stability — a necessary condition for high growth — will require the GoZ to implement a macro-economic stabilisation programme that has broad public support and is consistently implemented. The GoZ is engaged with the International Monetary Fund (IMF) on priorities for a stabilisation programme, including efforts to control inflation, increase the independence of the central bank, discontinue QFAs and multiple currency practices, improve coordination with fiscal authorities, and strengthen fiscal controls (IMF, 2022). To be sustainable, this stabilisation programme should also put in place measures to mitigate the impact of policy adjustments on the most vulnerable. The Reserve Bank of Zimbabwe in Harare Companies & Markets NewsHawks Issue 170, 15 Marxh 2024


News Analysis Page 43 President Mnangagwa’s US re-engagement failure complete BRENNA MATENDERE ONE of the biggest ambitions that President Emmerson Mnangagwa haboured when he took over power following a military coup in 2017 was to re-engage the United States and end its embargo on Harare. This ambition saw his government forking out a whooping US$500 000 in 2019 in a deal with a lobby firm to canvas for the removal of targeted Western sanctions. However, latest developments show that this goal will now become the biggest failure of his diplomatic charm offensive. Mnangagwa and 11 other individuals, who include First Lady Auxillia, were on Monday last week targeted with fresh sanctions under the US Global Magnitsky (GloMag) sanctions programme. Three companies linked to Mnangagwa’s ally, businessman Kuda Tagwireyi, were also sanctioned under the latest punitive measures. They were sanctioned for corruption and human rights violations. The GloMag programme revoked the Zimbabwe-specific sanctions programme in place since 2003 but tightened the noose on Mnangagwa and his cabal. Also sanctioned under the new programme is Vice-President Constantino Chiwenga and defence minister Oppah Muchinguri-Kashiri. Forever Associates Zimbabwe (Faz) leader and Central Intelligence Organisation deputy director Walter Tapfumaneyi, Tagwirei, his wife Sandra Mpunga, businessman Obey Chimuka, police Commissioner-General Godwin Matanga, deputy police commissioner Stephen Mutamba and Midlands minister of state Owen Ncube are also on the list. Tagwirei’s Sakunda Holdings, as well as Fossil Agro and Fossil Contracting are also targeted by the US Treasury which accuses the entities of facilitating high-level corruption. In 2019, Mnangagwa’s government raised eyebrows when it splashed US$500 000 to engage former State Department official who served in the Bill Clinton administration, James Rubin, to be the lead lobbyist for Zimbabwe to shrug off the US sanctions. The latest development is therefore a major sign the re-engagement drive is totally off the rails. US embassy officials held a Press conference in Harare to explain the new sanctions regime and it seems the fallout is deepening. During the presser, the US embassy chargé d’affaires, Laurence Socha, said the United States is committed to upholding core values of respect for human rights and responsible, transparent governance. Socha was quoted as saying: “The United States is committed to ensuring our sanctions are timely, relevant and targeted against individuals responsible for corruption and serious human rights abuses.” “In Zimbabwe, we continue to witness gross abuses of political, economic and human rights. The targeting of civil society and severe restrictions on political and human rights [is] a major concern for the United States.” Socha reaffirmed the US commitment to working with the people of Zimbabwe. “This sanctions transition is a key factor in the United States’ commitment to working with the people of Zimbabwe. US sanctions are not on the country of Zimbabwe, we are refocusing our sanctions on specific and clear individuals and entities.” In December last year, the United States government made an announcement of a new travel embargo targeted at the regime actors responsible for undermining democracy, notably through election rigging or manipulation and corruption. The fresh visa restrictions targeted officials at the Zimbabwe Electoral Commission (Zec), Zanu PF, the police and the judiciary. Those targeted by the new punitive measures were barred from travelling to the US due to their lack of fairness in dealing with electoral matters. Their families will also be denied US visas, secretary of state Antony Blinken announced. Blinken said interfering with the independent operation of the judiciary during its adjudication of electoral cases, or abusing or violating human rights in Zimbabwe was unacceptable. The fallout between Mnangagwa and Washington can be traced to 1 August 2018, when the army was deployed to the streets of Harare to violently crush protests by opposition supporters aggrieved by delays in the announcement of presidential election results. The army killed six civilians and wounded several others. A commission of enquiry led by former South African President Kgalema Motlanthe revealed that Zimbabwean soldiers and police used “unjustified and disproportionate” force during the protests. The commission recommended that those responsible face “internal” discipline. In January 2019, the army again killed 17 civilians and inflicted gunshot wounds on several others while trying to quell fuel price hike protests. Owen Ncube, who was then the minister of State Security, ordered an internet shutdown. Internet monitoring group  NetBlocks reported the blocking of social media and messaging platforms including  WhatsApp,  Facebook,  Twitter  and  Instagram. The disruption was extended to prevent the use of virtual private network (VPN) circumvention tools by demonstrators. The country's largest cellular provider,  Econet, confirmed that the government issued a directive blocking all internet access during the protests.  After the protests, the High Court ruled that the internet shutdown was illegal and ordered it to be restored. The citation of the latest sanctions spotlighted these latest developments. “…Mnangagwa also oversees Zimbabwe’s security services, which have violently repressed political opponents and civil society groups,” Socha said. "These designations build on recent US government actions, including pausing US participation in the African Development Bank Dialogue and utilising the Department of State’s new visa restriction policy for undermining democracy in Zimbabwe.” There is hope yet for Mnangagwa's reform, but the chances are slim, given his lengthy history of violent politics and oppression. Austrian Ambassador-Designate Romana Konigsbrun with President Emmerson Mnangagwa at State House a few days ago. NewsHawks 1ssue 170, 15 Marxh 2024


Page 44 BELLA MATAMBANADZO ZIMBABWE’S education system and the skilled people it produces are the envy of the world. That praiseworthy global stature is the result of several things. Firstly, Zimbabweans have always treated education as a collective and collaborative national project, worthy of the utmost priority. At the family and community levels, the education of a Zimbabwean child is made possible by the cash and in-kind contributions of not only the child’s biological parents, but also their older working siblings. It is also very common for Zimbabwe’s maternal and paternal uncles and aunts to take a very active interest in the education of their younger relative. The same applies to a Zimbabwean child’s grandparents who, even if they are pensioners, all chip in to make sure a grandchild finishes school. It is not uncommon for a Zimbabwean to recall how a grandmother ground some nuts and made peanut butter for sale. This was one way to raise funds for school. Or, when we let our guard down, we tell each other of how there was a situation during a difficult year which forced us to sell one or two cattle from the family’s kraal to enable school fees to be paid. Family friends and neighbours have often been known to respectfully ask of the well-being of a child who is not in school when the academic term starts. They have enquired about what it is that they can do to assist. Or, they have discreetly dug into their own pockets and put money together. They have stuck their noses in the business of educating a child from their community by negotiating payment plans at academic institutions to settle historic debts and paid outstanding fees, purchased uniforms, books, and stationery and have packed a decent lunchbox. Many Zimbabweans deflect individualised praise for how they have raised a child, and rather say “it takes a village”. It is our way of speaking about how, in many ways, our cultures are built on the collective notion of our shared and interconnected humanity. Scholars call it ubuntu or hunhu. Humanity. When it comes to education, Zimbabweans have upheld ubuntu. We have moved seemingly unmoveable mountains for each other. It is therefore not boastful to say Zimbabwean teachers and academics, despite their legendary strictness and adherence to rules (some of which they make themselves), treat their students like the most precious treasure in the world. Students are, after all, the sole purpose behind why anyone who has answered the call to be an educator shows up. Teacher salaries are woefully inadequate. Furthermore, teaching conditions are less than satisfactory. Zimbabwe’s teacher trade unions, such as the Progressive Teachers’ Union of Zimbabwe (PTUZ) have organised enough protests to make this common knowledge. Only someone who is so completely aligned with teaching as their reason for existing would show up with the degree of loyalty and commitment that Zimbabwean educators display daily. We have heard of the evidence and believed of the testimonies that teachers have severally shared of how their meagre salaries mean they cannot pay fees for their own children. Yet, if we ask any Zimbabwean to name someone who has positively influenced the trajectory of their life, a teacher’s name is sure to make the shortlist. Going to school and eating books, as our West African siblings so eloquently put it, is sacrosanct. It is education that has catapulted millions of Zimbabweans beyond the limiting inhibitions rendered by gender, race, language and class into successful careers internationally. Whether they are in Australia or New Zealand, the United Kingdom or the Bahamas, Zimbabweans working in the diaspora are successful leaders and innovators in their professional fields or they are the troops that hold up public service systems because of that educational acumen. Of note is how Zimbabweans have remained true to the each-oneteach-one traditions of our African liberation struggles. They have kept the deeply entrenched systems of paying school fees for needy children at home alive. Every beginning of the year their remittances jam the systems of Mukuru, Moneygram or Western Union. Other things may fail, but in Zimbabwe school fees are somehow always paid. From this picture, it is evident that the culture of what a scholarship is in Zimbabwe transcends those notions of scholarships that our country has inherited from our colonial era and, indeed, traditions that undergird belonging and value in Western imperialist systems of rule. In the West, a scholarship is merely money. It is a cheque which enables a deserving, usually ultra-intelligent and often well-connected student to study. For Zimbabweans, as with many other Africans, scholarships are a game changer. They enable us to reconfigure who gets to go to class. Scholarships aid us to figure out how well-fed students are, the quality of their uniforms and books. They also allow us to witness for ourselves what happens to their neurological brilliance as well as social self-esteem when they are nurtured and supported to be the best of themselves in order to transcend class, race and gender divides. This ethos, of finding ways of ensuring that we are all part of the national project of educating each other, is the essence of the very best of our Zimbabwean identity. It is part of our foundational architecture of what it means to be a Zimbo. This leads us to the second reason why education is such a huge door opener for Zimbabweans. Our liberation struggle war promised that when we ended racist segregation, all Zimbabwean children, not just some, regardless of colour or other discriminatory factors would have an equal chance to go to school. On the back of the liberation struggle, Zimbabwe’s leaders promised “free education for all". The vision then was that all Zimbabwean children could study the courses they were capable of as well as curious about. There was no limit on our imaginations. We were encouraged to study what we wanted to as well as go on and make careers in fields such as jaw dropping as engineering, brain surgery, or ballet. These were sectors where before Independence access had previously been ringfenced to the privilege of whiteness or wealth. Those of us with lasting memories of the sacrifices made by combatants (many of whom are our relatives and friends) of our liberation war for independence remember that when the comrades came back from the war, one of the things they did was enrol in colleges. They went to night school to catch up on the academic years that the liberation war had stolen from them. Amongst others, Dangers of selective education NewsHawks Issue 170, 15 Marxh 2024


Reframing Issues Page 45 institutions such as Kushinga Phikelela were established with the specific remit of educating ex-combatants. Further, there was a ministry of Manpower Development whose focus was on building our capacity to be excellent. Zimbabwe’s first decade of Independence ensured that new schools were built right across the country. With this, Zimbabwe’s national vision focussed on closing the gap in education and skills amongst black people. A gap made glaringly obvious by segregated, racialised and discriminatory education systems as well as the long liberation war. The Zimbabwe Manpower Development Fund (Zimdef) government agency established in 1984 initially provided college students at local colleges with education grants. These were designed to enable students to pay fees and for accommodation and to buy clothes and books. The minimal interest charged on the government grants meant that when we started working, we could pay those grants back. Not having a tertiary certificate was the exception rather than the norm for Zimbabweans. In addition to Zimdef grants, the government of Zimbabwe scholarships, funded from a blend of taxpayer money and donor contributions, have over the years sent thousands of gifted black Zimbabwean students to university in places as faraway as Russia, Czech Republic, China, and Malaysia. A Presidential Scholarship scheme has sent students to the University of Fort Hare in South Africa and other institutions in many parts of Africa. After my own education was disrupted in 1992 by my father’s illness, I eventually received a scholarship from the Sally Mugabe Foundation (SMF) in 1997 to go back to university and finish my degree. The SMF scholarships were designed to support young Zimbabwean women’s academic aspirations. Veteran broadcaster John Masuku, then head of radio at Zimbabwe Broadcasting Corporation (ZBC) where I was employed as a radio journalist, was one of the people who supported my application to the foundation. I was awarded a merit-based Thompson Reuters Foundation Scholarship. This was given to students for their academic achievements. Both those scholarships were invaluable in helping pay my tuition fees. I would have had an altogether useless one third of a degree had it not been for those two scholarships. I would have been treated like a failure. I am not a lone ranger when it comes to scholarship beneficiation. Many other Zimbabweans have received scholarships of one form or another to go to university, spend time studying, reading, arguing, think. The transformative powers that scholarships give us cannot be underestimated. They make sure we attain the endless, mind- opening and expanding gift that education is. So, in 2009, when Zimbabwe was emerging from being seen as a pariah and struggling to draw international support to even pay teachers’ salaries, I worked very closely with the visionary Dr Peter Salama. Dr Salama was Unicef Zimbabwe’s representative. We conceptualised a mechanism called the Education Transition Fund (ETF). International donors were understandably skeptical about whether the new power-sharing government of national unity (GNU) would work. Together with Bulawayo’s current mayor David Coltart (who was then Zimbabwe’s Minister of Education, Sports, Arts and Culture) we structured an arrangement where Unicef managed the ETF. Launched in September 2009, the ETF refurbished schools, purchased teaching supplies, supported the payment of teachers with a US dollar allowance, printed and published academic texts locally and distributed them to schools. One of the most strident backers of our collaboration was Graca Machel, Mozambique’s first Education minister. Machel made several trips to Zimbabwe to meet with government officials and negotiate the parameters as well as modalities of the ETF. Another was the maverick Virgin Group entrepreneur Richard Branson. Yet another was a former New York hedge fund co-founder Amy Robbins of the Nduna Foundation, who hosted fundraising events internationally and set up a special project focussing on Zimbabwean girls. Together, we galvanised millions of dollars to assist the Zimbabwean government, which was internationally blacklisted, to reopen schools and send children back to class. All the investors were compelled by one thing: the amazing story of how Zimbabwe’s education story has repeatedly proved itself to be our country’s real turnaround strategy. The ETF performed so well that it resulted in the creation of the, Health Transition Fund (HTF). Again, international investors were convinced of going against the global anti-Zimbabwe mood of the time. What compelled them was how committed to Zimbabwe health workers were; even when supplies and services were dilapidated, they showed up and tried. It was therefore disheartening to read the contents of a letter dated 15 February 2024 attributed to the government of Zimbabwe. The letter, signed by our Vice-President Constantino Chiwenga, made overt threats at the proponents of an Umuntu/Munhu Scholarship scheme which is aimed at supporting young key and vulnerable populations in Zimbabwe’s LGBTIQ+ community achieve their educational dreams. For those who don’t know, Umuntu/ Munhu means humanity. It is about being humane. The letter made baseless claims that the scholarship was unChristian and unAfrican and an attempt to exert foreign ideas and influence over Zimbabweans. However, there is nothing more African or Christian than the very act of offering to put support forward to those in need. Our funerals’ chema tradition are testament to this revered culture of indigenous philanthropy. When we visit the homes of the bereaved, we make a small donation in cash or kind. This is meant to assist with funeral costs. More importantly, chema means to cry. Our giving conveys that we are mourning together with those most affected by a death — that they are not alone. Sometimes we stay with the bereaved beyond the period of the funeral. We undergird them with prayers and comfort them with love. It is an expression of our humanity, our connection. Were we to apply the same logic of castigating the Umuntu scholarship to our funerals then we would argue that a chema offering made to assist the bereaved will lead all of us to be deceased or bereaved. It is illogical. It does not make any sense that a country that has taken such exceptional efforts to foreground education would do this. Why? Zimbabwe’s national budget is under tremendous strain. The government has introduced a new range of far-reaching domestic revenue generation mechanisms. These have put net incomes under phenomenal pressure, causing citizens serious economic distress. We have credible forecasts that this year’s harvest is unlikely to be sufficient for our food needs. A devastating drought is staring us in the face. Rebuking the innovative efforts made by Zimbabwean individuals and institutions to redress inequalities in key and vulnerable populations sends the wrong message. Particularly when the same government is implementing policies and systems in the HIV, Aids, tuberculosis and health sector to reduce and expunge stigma and discrimination against LGBTIQ+ people. If the rage expressed by some Zimbabweans on social media about LGBTIQ+ people is any measure of an independent African country that waged a liberation war being at risk of becoming unAfrican and unChristian because of claims that a scholarship makes it defenceless against influences from the West, then we would do well to prepare to face our dire economic and drought hardships alone. We need to remove from our minds any expectations that an appeal for international humanitarian assistance will be received empathetically by such foreign donors. Those are the dangers of a policy message that encourages a selective education trope. The confusing contradictions go far beyond the question of LGBTIQ+ focussed scholarships. They affect our ability to secure traction on Zimbabwe’s wider current global re-engagement strategy. They are also anti-democracy, particularly for a country whose constitution promises its citizens the right to a hard-won universal right to education for all. They also contribute to a dangerous, emotive form of nationalist propaganda that can quite well lead to renewed targeting and attacks against Zimbabwean people. The fault lines cannot be ignored. This act of self-sabotage by the government of Zimbabwe is as curious as it is befuddling. It can only be named for what it is: Self-hate. The concept of self-hate arises from the field of psychology. In summary, self-hate is the inability to have such a pristine sense of self. In other words, this means to have no capacity to love the self, to be so unaware of one’s intrinsic worth and value, so much so that nothing – not even misperceptions about who you are, can assault you. In spewing hatred towards a scholarship for key and vulnerable populations, we ultimately spew hate at ourselves — at the soul of what it means to be Zimbabwean. Imagine the courage it takes for an intersex child to show up at a school or college where every day they are confounded and confronted by a he/she binary that they cannot relate to? Let’s stop pretending to ascribe to a purity that does not exist in our society. Let’s remember that the real revolution is not rejecting someone because we see them as different from the mainstream or a cause of our own discomfort. The real radical purposes of claiming revolutionary African sovereignty is in devolving expansive ideas of what Zimbabwean education can be. We can achieve this by opening all the doors of education so wide, that no one ever gets shut out. So, unless Zimbabwe rethinks for itself and moves away from ideas and actions that result in self-isolation by constantly provoking external actions that lead us to being repeatedly framed as hostile and unworkable with we will continue to both undermine and chase away those graduates we have all worked so hard and selflessly towards creating. Similarly, the very international support that Zimbabwe has been trying to court through readmission to the Commonwealth or via the Joaquim Chissano-led Structured Dialogue Platform on Zimbabwe’s Arrears Clearance and Debt Resolution Process will falter. Optics matter. The time for reassessing the harmful impacts of Zimbabwe’s unnecessary belligerence is overdue. *About the writer: Bella Matambanadzo is a Zimbabwean feminist. NewsHawks 1ssue 170, 15 Marxh 2024


Page 46 Reframing Issues The never-ending war on truth TAFI MHAKA ON 9 March 2015, five men driving a white truck with a concealed number plate abducted Itai Dzamara, a Zimbabwean journalist and activist, from a barbershop in the Zimbabwean capital Harare. Within seconds, he was bundled into the unmarked car and driven to an unknown location. Dzamara has not been seen ever since. Eight days before his enforced disappearance, he had called on Zimbabweans to demonstrate against the tough and deteriorating socio-economic conditions in their country. And he had called on then-President Robert Mugabe to resign. His forced disappearance was not an extraordinary event in a country where journalists were (and still are) routinely harassed and detained by authorities for publishing stories deemed to be “politically sensitive” or damaging to those in positions of power. Sixteen years earlier, in January 1999, two journalists, Mark Chavunduka and Ray Choto, who worked for the Standard newspaper, were forcibly disappeared for 10 days. While under illegal detention, they suffered electric shocks to their hands, feet, and genitals and their heads were submerged in drums of water. When they eventually appeared in court, they both had burn marks on their bodies. Their alleged crime was to publish a story about 23 army officers being arrested for plotting a coup against President Mugabe. In 2008, Jestina Mukoko, a prominent former TV journalist, who also runs an NGO, was abducted from her home in the middle of the night, detained incommunicado for days and tortured by alleged state agents, for her alleged involvement in planning anti-government protests. She thankfully survived her horrific ordeal, and returned to her family and advocacy work. But Dzamara has not been as lucky. He has never returned home to his wife and two young children. Every year on the anniversary of his disappearance, Zimbabweans take to social media to remember him and to vent their frustrations about Zimbabwe’s seemingly never-ending war on journalists, and truth. Despite efforts by civil society and the main opposition party, the state appears extremely reluctant to solve Dzamara’s case and finally deliver justice to his long-suffering family. Mugabe has been out of power since 2017, and Zimbabwe is supposedly a changed country, but to date, the Zimbabwean government has not even bothered to launch a high-level investigation into Dzamara’s violent abduction. This speaks volumes about Harare’s unrelenting contempt for the truth, and war on those who dare to speak truth to power. Whoever disappeared Dzamara clearly intended to instil a great deal of fear in media practitioners and kill journalism in the small southern African country. To some extent, they have succeeded. As recently as this February, a local paper, The NewsHawks, was forced to abandon its investigations into the Zimbabwe National Army after subtle threats from senior army officials. Journalists who dare to investigate military and government corruption in Zimbabwe still expect to be harassed, unlawfully arrested, tortured or worse to this day. Regrettably, Zimbabwe is not an outlier. This proclivity to threaten or kill the messenger to conceal bitter truths appears to be endemic across Africa and around the globe. Joao Chamusse – a veteran Mozambican journalist, and the co-owner and editor of online newspaper Ponto por Ponto – was found dead in the backyard of his house in KaTembe, Maputo City, on 14 December 2023. His neighbours said they heard him scream for help before falling silent. His horrendous murder came on the back of a wave of intimidation against journalists and media outlets in the runup to this year’s general election. In Lesotho’s capital Maseru, Ralikonelo “Leqhashasha” Joki, who was a prominent reporter for Ts’enolo FM radio station, was shot at least 13 times by unknown assailants as he left the studio after a show in May 2023. Joki was highly critical of state officials, and his death appears related to his endeavours to expose the truth and hold government officials accountable for their actions. It would be amiss to speak of the war on truth tellers without paying homage to the Palestinian journalists killed in Israel’s war on Gaza. At least 88 Palestinian media workers have been killed as they braved shelling to expose Israel’s genocidal violence. Israel’s war on journalists who expose the injustice of its occupation and its abuse of Palestinians did not begin with this latest war, either. Shireen Abu Akleh, a Palestinian-American journalist and correspondent for Al Jazeera, was shot dead in May 2022 while reporting on an Israel raid in the Jenin refugee camp. And Israel had killed dozens of media workers before her. I despair at the loss of Abu Akleh, and all the other brave, admirable Palestinian journalists who had been silenced by Israeli bombs and bullets. I mourn for Leqhashasha, Chamusse and all the others who have been slain for exposing corruption or speaking truth to power. My heart bleeds for the family of Dzamara, and those of other “disappeared” journalists across the globe, who will likely never learn what actually happened to their loved ones. I feel the deepest pain, however, for those journalists who I fear will meet similar fates in the coming months and years. Indeed, in the absence of strong legal repercussions, there is every chance that other journalists will go missing or be killed by “unknown” people in Zimbabwe. The same is true for those working in Lesotho, Mozambique and elsewhere. And we know Israeli bombs continue to fall on Palestinian journalists as I write these lines. When a journalist is killed or disappeared, people are quick to express sympathy and voice condemnation. Following such news, our social media timelines always fill with messages honouring their lives and achievements. Governments, NGOs, and international institutions issue statements, and vow to hold those responsible to account. Words of empathy and condemnation are of course commendable, but what is needed above all is simple: justice. In the case of Zimbabwe, the African Union and the Southern African Development Community (SADC) have to stop paying lip service to press freedom and demand answers from President Emmerson Mnangagwa. And they should take immediate action to prevent the repeat of this atrocity. To this end, all relevant regional bodies and the African Union should move to harmonise national media regulations and ensure member states do not enact laws that impede fundamental freedoms. For a long time, unrepentant rogue states have subjected independent-minded and principled journalists to state-orchestrated repression, violence and murder. That is why the International Criminal Court (ICC) must investigate and prosecute the Israeli officials who have paved the way for the deaths of 88 Palestinian journalists. In December 2023, Reporters Without Borders (RSF) filed its second complaint with the ICC for alleged war crimes committed by the Israeli army against Palestinian journalists. The RSF has concluded that Israel has been deliberately targeting Palestinian journalists to silence truth about its genocidal actions. In an age where misinformation and disinformation are commonplace, millions of lives would be placed in constant jeopardy without the work of fearless and principled truth tellers. In a time where autocrats like Mnangagwa believe they are beyond reproach, the truth cannot become a scare commodity. Nothing will bring back Leqhashasha, Chamusse or Abu Akleh. I do not believe Dzamara will ever return home, either. But they will forever remain our unsung heroes, like all the others who lost their lives in this never-ending, global war on the truth and truth tellers. Let’s honour their lives by standing up for journalism and bringing their killers to justice. Let’s honour their lives by doing everything we can to make sure we do not lose any other brave truth tellers to senseless state violence. — Al Jazeera. *About the writer: Al Jazeera columnist Tafi Mhaka is a social and political commentator. Itai Dzamara Journalists speaking truth to power are under attack in Zimbabwe and across the globe NewsHawks Issue 170, 15 Marxh 2024


Reframing Issues Page 47 KATHLEEN SMITHERS A LARGE, air-conditioned bus draws up outside a school. Tourists, most from Europe and the US, disembark, cameras at the ready. Some have brought gifts: packages of pens and pencils. They distribute these to the children, who spontaneously begin singing and dancing. This scene and others like it play out in schools around the world. It’s called school tourism. It’s similar to  orphanage tourism  and socalled  “slum” tourism, in which tourists visit orphanages or “slums” in poor countries to witness poverty and suffering. These sorts of tourism come with several ethical problems: photography of unconsenting children and adults, intrusions on people’s private lives, daily interruptions to children’s routines and issues of child protection. Tourists visit a school for between two and three hours. They usually enter classrooms, photograph children and sometimes watch cultural displays like singing and dancing. These tours are generally part of an arrangement with a tourism company but exist in a multitude of forms globally. As an example, a school tour often sits within the itinerary of a tour of southern Africa, or alongside wildlife tourism ventures. In Zimbabwe, schools have arrangements with tourism companies that enable funding for infrastructure and sponsorship of children. In Matabeleland North, close to Mosi-oa-Tunya (Victoria Falls) and Hwange National Park, for example, 19 out of 20 companies interviewed by researchers in 2012 provided some sort of support, sponsorship or infrastructure to schools in nearby areas. These partnerships are often in conjunction with an exchange of philanthropic funding for access to their school. This phenomenon has also been reported in Fiji, Zambia, Kenya, Ethiopia and Mozambique. Zimbabwe’s economic troubles, including severe hyper-inflation, are  well documented. Schools are poorly resourced and, in government schools, teachers are often unpaid or earn below the poverty line. I am a Zimbabwean-born Australian woman and a trained secondary school teacher. In 2015, I was working with a school in Zimbabwe as part of my university degree and witnessed this tourism myself. In 2019, as part of my doctoral research, I spent one term at a school in Matabeleland North. It received 129 visits from tourist groups that year alone. During my time there I talked with teachers, tourism workers and NGO staff. I also asked students to draw pictures of their experiences of tourism. In  a recently published article  I contribute to the growing field of research about how schools funded by tourism operate. I offer a critique of how an image of “Africa” is reproduced for the tourist gaze, and the fact that images shared by tourists after their visits further inculcate damaging tropes of the African continent as a place only of extreme poverty and neediness. Schools funded by tourism become a mirror of the tourism industry. The study My research identified  the sorts of images involved in marketing of tourism that portray a static and cliched  image of “Africa”. This includes landscapes filled with animals, extreme poverty, white women and men dressed for safari and images of Maasai men herding cattle. Smiling, happy children are another part of the image. The tourism workers I interviewed tried to prevent the continuation of these images by presenting counter-narratives of how Zimbabweans live. But they were not always successful. This is partly due to the structured nature of mass tourism initiatives: tourists are sold an itinerary and this must be followed. Since the school tours are part of broader tours of southern Africa, the school and tourism workers felt a need to conform to a particular image – and this involved interactions with happy children. When teachers and schools feel a need to conform to a particular image, their actions and choices are constrained. The school I worked with had different arrangements with three tourism companies. One donated US$200 in cash on every visit. Another had promised to build one classroom block. The third company actually founded the school, providing teachers’ salaries and significant infrastructure development. Some tourists had also donated larger pieces of infrastructure, such as the materials for a borehole and electrical connections to the main grid. The findings The school tours are disruptive to students and staff. They are a diversion from the usual routines of the school. One teacher said: Sometimes you may be called, maybe you did not know that there are visitors coming and they just want to come in at that particular time … Then you are called off the lesson and the time does not wait for you. It goes and that subject is being interrupted. Then you are no longer going to be able to move onto the next subject now. Since you had already introduced the previous lesson, you will not leave it in the air, you have to finish it, so the next subject now is being disturbed. The school in my study found it difficult to balance the perceived needs of the tourists and the institution’s needs. As one of the school leaders put it: We have to look at it in the sense that, yes, it is taking time: it is probably asking the kids to do something that they would not just usually do when meeting someone. But you have to look at the guest side of things, and also think, these are the people who are helping us. Potential helpers, some are already helping, what are (the tourists) taking away? The children were highly aware of the need to please the tourists, whom they saw as fulfilling a particular need. Tawanda, aged 10, said: I would prefer to come to school which has visitors because they will be helping us. When there are no books, they will be paying, they will be giving us some money, and we buy some books. Teachers worried that some groups would donate less if they weren’t able to interact with children. What should be done Ideally, school tours should not occur at all. However, due to Zimbabwe’s economic instability, schools are becoming increasingly resourceful to find avenues for additional funding. Although they are not a perfect solution, philanthropic partnerships need to exist. My research does not suggest that people should avoid visiting Zimbabwe as a whole and I do not want to suggest that philanthropic funding of schools is necessarily bad. Rather, it is important to seek out tourism experiences that do not homogenise culture and cultural experiences. Tourists should also consider the itinerary of any tours they book and aim to avoid companies that offer school tours. —The Conversation. *About the writer: Dr Kathleen Smithers is a lecturer at Charles Sturt University in Australia. Happy smiling African children: why school tourism in Zimbabwe shouldn’t be encouraged Children jump over a stream of sewage flowing in Chitungwiza. NewsHawks 1ssue 170, 15 Marxh 2024


Page 48 Obituary GERALD CHIKOZHO MAZARIRE I LEARNT with great sadness of the passing of this illustrious man, Professor Ngwabi Mulunge Bhebe, a historian of note, whom I first met as his student in 1998 at the University of Zimbabwe (UZ).  I was a member of the Master of Arts in African History class which he taught together with the current chair of the Journal of Southern African Studies, Brian Raftopoulos, and his late friend Terry Ranger, as well as David Beach and Marc Epprecht. Ngwabi had already made an impression on many of his students as a man of superior logic when we encountered him at secondary school through the textbooks he authored on Zimbabwean and southern African history. (I was pleasantly surprised to find out during my recent brief sojourn there that these books are still being used in Eswatini secondary schools). We all looked forward to seeing the professor in person one day. His loud voice and contagious laughter immediately defined him, often punctuated by animated gesticulation as he paced up and down the lecture room or even in the corridors of the History Department. He had a charismatic presence. Students loved to mimic him as they filled his lectures to listen to his oratory and share his passion for the discipline of history. Ngwabi led us through many functions and seminars, particularly the "Historical Dimensions in Human Rights and Democracy" seminar series that brought all the leading names in Zimbabwean history to fortnightly talks at the UZ. Several publications by different scholars emerged out of this platform through his contacts with UZ Press and Mambo Press. Because Ngwabi was warm, welcoming and humorous, his office (and many would say his home) door was literally open all the time and to everyone. He easily became the point man around whom many friendships and networks were built in what became the fraternity of Zimbabweanists that lasts to this day. Ngwabi generously secured support to assist many young Zimbabwean scholars to write and publish through the Swedish Sida/SAREC support fund that he coordinated. He shared much of his private material and personal archives, helping me and others to shape our careers. I was privileged to work and travel with him around the country as we did research for the Zimbabwean volume of the Southern African Development Community-funded Liberation Struggles of Southern Africa project which we co-authored. He was a keen storyteller himself, but what I loved most were his casual yet deep-rooted interviewing skills. Sitting through his interviews with many liberation struggle icons was one of the major highlights of my training and career as a historian. These encounters invoked the biographer in Ngwabi, and he published three biographies of political luminaries: Lobengula, Benjamin Burombo and Simon Muzenda. And just before his passing he had completed a biography of Emmerson Mnangagwa. These all drew controversy at times and identified him as the true nationalist historian of many hues that he was. But it was easy to tell, as I saw him in these spaces and occasions, how Ngwabi dealt with representativity as a scholar, and how he indeed valued the "voice" of the subject of his biographies. He was committed to making oral archives and facilitated the creation of many of these through organisations he helped to establish. He was a founding member of the Friends of the National Archives of Zimbabwe and the Oral Traditions Association of Zimbabwe in the early 1980s. He also founded the Zimbabwe Oral History Trust in 2004 and invited me to serve on its board and to oversee its many projects. Over and above his role in establishing the Midlands State University and becoming its founding vice-chancellor, Ngwabi was dedicated to creating a new Department of History there which slowly grew in stature and student enrolment to surpass even the UZ. It facilitated the research of and became host to many international scholars. I taught there at his invitation as well, and he frequently shared with me his vision of moving scholarship in Zimbabwe away from its metropolitan and Harare-centred orientation. The university must come to the people, he would say. He lived to see this dream, I guess, and even pursued it further by establishing a campus in the peripheral mining town of Zvishavane, where history was one of the first academic departments of the University to be moved in 2016. I was also Ngwabi’s assistant in a UNDP project commissioned by the Zimbabwean Government of National Unity’s Organ on National Healing and Reconciliation in 2010. Through his stewardship, we put together a line-up of scholars to study the legacy of violence in the history of Zimbabwe. This resulted in many great projects by established and emerging scholars drawn from the country’s institutions that were presented and debated in what can be considered the largest academic gathering of critical thinkers on the subject in Zimbabwe. Ngwabi had an uncanny ability to manoeuvre between what was often an acrimonious relationship between academics and government in Zimbabwe, as was shown in his coordination of this project. Through his diplomacy and intercessions, many bridges were mended and milestones achieved. He dignified academia through his scholarly outreach which made him the public intellectual who was revered by all as Zimbabwean’s foremost historian. This will remain Professor Ngwabi Bhebe’s legacy. May it live on and may his soul rest in eternal peace. *About the writer: Dr Gerald Chikozho Mazarire is assistant professor of African history at the University of Birmingham in the United Kingdom. Ngwabi Mulunge Bhebe, 1942-2023 Bhebe was a historian of superior intellect Professor Ngwabi Mulunge Bhebe NewsHawks Issue 170, 15 Marxh 2024


Africa News Page 49 JULIA CAIN BOBI Wine  is a pop star in Uganda who uses his music for  political protest and social activism. Born Robert Kyagulanyi, he  became a member of parliament (MP) in 2017 and has gone on to lead a popular opposition movement in the face of state  violence and repression. His political journey is now the subject of a documentary. Bobi Wine: The People’s President was one of five films nominated for Best Documentary Feature Film at the 2024 Oscars in the US. All five were “international” (neither US-focused nor US-directed) and two African – Bobi Wine and  Four Daughters  from Tunisia. For me as a film academic with a specific interest in African documentary, these are exciting times. There is an incredible richness in content, process and form that is being demonstrated by African directors telling African stories. And this is true of Bobi Wine: The People’s President. Filmed over five years, the documentary captures the real-time unfolding of tumultuous historical events through the personal journey of the singer and his family with great urgency, intimacy and care. It chooses a side and commits deeply to this political choice and it makes for gripping viewing. 4 000 hours of footage A Uganda/UK/US co-production, Bobi Wine: The People’s President offers global audiences an emotional roller coaster of a documentary. The contemporary political struggle for democracy in Uganda is embodied through Bobi Wine and his battle against his nemesis, the autocratic President Yoweri Museveni, who has been in power in Uganda since 1986. Ugandan film-maker  Moses Bwayo  and Ugandan-born  Christopher Sharp  are the co-directors. The film-makers worked with almost 4 000 hours  of raw footage which took two years to edit. Bwayo eventually moved into Bobi Wine’s family home, as the political situation grew increasingly precarious. The result is a film that captures both an inspirational leader and a country in deep political crisis. It does this through capturing intimate family moments in the home, sweeping scenes of mass gatherings on the streets, and insider views of historical events as they unfold. What it’s about The film begins with an introduction to Bobi Wine, who grew up “in the ghetto” of Kampala. His early life and love story with his wife Barbara Kyagulanyi is set out with appealing interviews and a trove of archive material. His upbeat and catchy music is incorporated from the start and illustrates the values he had already started to articulate as he shifted from pure pop to edutainment by 2014. Shooting for the documentary began in 2017, after his overwhelming by-election win to become an MP in Uganda’s parliament. After meeting Bobi Wine and his family, the film shifts gears into a mainly observational style, following the dramatic ups and downs of personal and national events as they unfold. The visible physical transformation of the man from the beginning of the film to the end is deeply affecting. In the early days, we see him as an idealistic newly elected MP — dancing and singing to joyous, celebratory masses from atop his car roof. He embodies Ugandans’ hope for change and a return to democracy, and is seemingly unstoppable. However, Museveni is determined to hold on to the reins of power by any means. He engineers a  change to the constitution in 2019 to enable him to run for a fifth presidential term in 2021. He also uses state police and military to perpetrate violence and torture, initially on political opponents but increasingly on the general population as well. The political stakes thus rose very quickly following Bobi Wine’s election and his very vocal criticism of Museveni and his government. The film-makers suddenly found themselves following a much bigger story than they had anticipated. Their access to their subject and his family rapidly increased as it became clear that the constant camera documenting their lives had become a form of protection for them. Both the commitment to the cause of democracy and the risks were shared by the film’s Ugandan participants in front of and behind the camera. Both  Bobi Wine  and film-maker Bwayo  experienced  arrest, imprisonment and physical violence during the making of this film. Hoping to inspire change With the thousands of hours of footage, including extensive documentation of state violence and torture, the question the film-makers faced was how to tell the big story of Uganda and the fight for democracy. Both the people behind and in front of the camera wished to raise international awareness of the dire state of Museveni’s reign and the descent into dictatorship. But they also wanted to inspire hope for change. They  decided  to minimise graphic violence in order to widen the potential reach of the film and to focus on the personal story of the singer-turned-politician. The weight of state violence, however, still resonates throughout the film. In an extended scene in parliament, we see Bobi Wine make an impassioned plea for the values of the constitution and the future of the country – and then watch as MP after MP declares their vote to change the constitution to enable Museveni’s fifth term. Later that night, Bobi Wine films himself with an iPhone camera set up for him at home. Appearing vulnerable and defeated, he declares: There is no democracy in Uganda. Seven months later, he is arrested for the first time and taken to a military prison, where he is beaten and tortured. The drama and emotion of this real-life tale inspires deep respect for the resilience and bravery of the Ugandan opposition leaders and the everyday people showing up despite the enormous risks — all hopeful for a better future. It also explicitly asks international audiences from the west to hold their own governments to account — and to insist that support to the Ugandan government be tied to upholding human rights and democratic principles. — The Conversation. *About the writer: Julia Cain is a lecturer in screen production, film theory and practice at the University of Cape Town in South Africa. Bobi Wine: People’s President — A gripping film about Uganda’s fight for freedom Bobi Wine NewsHawks 1ssue 170, 15 Marxh 2024


Page 50 World News Russians urged to disrupt final day of Putin’s presidential poll CRITICS of Vladimir Putin and his Kremlin regime have called for massive protests at Russian polling stations on Sunday (today), the final day of a presidential election that is guaranteed to cement his hardline rule. The three-day vote has already been hit by Ukrainian bombardments and a series of incursions into Russian territory by anti-Putin sabotage groups. Early on Sunday, a drone attack caused a fire at a refinery at Slavyansk in the Krasnodar region of southern Russia, where officials said one person died of a heart attack, while two people died after drone strikes in the Russian city of Belgorod on Saturday, according to officials. On Sunday morning the Russian defence ministry reported 35 Ukrainian drone incursions, including four in the Moscow region and two in the neighbouring Kaluga and Yaroslavl regions. More Ukrainian drones attacked in the Belgorod, Kursk and Rostov regions bordering Ukraine, and in the southern Krasnodar region, the defence ministry said. As Russians have gone to the polls, there have been acts of protest including pouring dye into ballot boxes and arson attacks at polling stations. Before his death in an Arctic prison last month, the main Russian opposition leader, Alexei Navalny, who galvanised mass anti-Putin rallies, urged Russians to protest on Sunday. His widow, Yulia Navalnaya, reiterated his call in the run-up to the election and said protesters should show up in large numbers at the same time to overwhelm polling stations. She called for protesters to spoil ballots by writing “Navalny” on them, or vote for candidates other than Putin. Any public dissent in Russia has been harshly punished since the start of Moscow’s offensive in Ukraine on 24 February 2022 and there have been repeated warnings from the authorities against election protests. Russian opposition has called on people to head to the polls at noon in what they hope will be a legal a show of strength against Putin. A Moscow resident in his twenties said he would take part in the protest at noon in the capital, “just to see young supportive faces around … feel some support around me, and see the light in this dark tunnel”. The man, who declined to give his name for security reasons, said he hoped the demonstration would show the authorities “that there are people in this country against the conflict … against the regime”. Putin, 71, former KGB agent, has been in power since the last day of 1999 and is set to extend his grip over Russia until at least 2030. If he completes another Kremlin term, he would have stayed in power longer than any Russian leader since Catherine the Great in the 18th century. He is running without any real opponents, having barred two candidates who opposed the conflict in Ukraine, as well as having Navalny jailed, leading to his death. The Kremlin has cast the election as an opportunity for Russians to show they are behind the assault on Ukraine, where voting is also being staged in Russian-held areas. The voting will wrap up in Kaliningrad, Russia’s westernmost time zone, and an exit poll is expected to be announced shortly after that. A concert on Red Square is being staged on Monday to mark 10 years since Russia’s annexation of Ukraine’s Crimea peninsula — an event that is also expected to serve as a victory celebration for Putin. Ukraine has repeatedly denounced the elections as illegitimate and a “farce”, and its foreign ministry has urged western allies not to recognise the result. The UN secretary general, António Guterres, and more than 50 member states have slammed Moscow for holding the vote in parts of Ukraine, with Guterres saying that the “attempted illegal annexation” of those regions has “no validity” under international law. Russian state media have played up recent gains on the front and portrayed the conflict as a fight for survival against the west. Moscow has sought to press its advantage on the frontline as divisions over western military support for Ukraine have led to ammunition shortages, although Ukraine says it has managed to stop the Russian advance for now. A Russian missile strike on Ukraine’s Black Sea port city of Odesa on Friday killed 21 people including rescue workers responding to an initial hit — an attack that the Ukrainian president, Volodymyr Zelenskiy, described as “vile”. On the Russian side, the army has reported repeated attempts by Ukrainian sabotage groups to cross into Russia and the local governor in Belgorod region on Saturday decreed that shopping malls and schools would be shut for two days in Belgorod city and surrounds. — THE GUARDIAN WITH AGENCE FRANCE-PRESSE. Russina President Vladimir Putin l Voters told to swamp polling stations all at once and spoil ballots, after two days of dye attacks, fires and Ukrainian cross-border strikes NewsHawks Issue 170, 15 Marxh 2024


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